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07-1-92 Agenda and Packet FILE AGENDA CHANHASSEN PLANNING COMMISSION WEDNESDAY, JULY 1, 1992, 7:30 P.M. CHANHASSEN CITY HALL, 690 COULTER DRIVE CALL TO ORDER PUBLIC HEARINGS * ITEM DELETED * 1. Sign Variance request to exceed the height requirements for Holy Cross Lutheran Church located at 4151 Highway 7. 2. Non-conforming Use Permit for a Recreational Beachlot for Minnewashta Heights Homeowners Association. 3. Interim use permit for earth work/mining of a gravel pit, located north of Hwy. 212 and east of the Chicago and Northwestern Railway, Tom Zwiers, Moon Valley Aggregate. 4. Zoning Ordinance Amendment to amend the City Code, Chapter 20, concerning allowed uses in the BH, Highway and Business District. NEW BUSINESS OLD BUSINESS 5. Zoning Ordinance Amendment to amend Article VIII of the City Code concerning Planned Unit Development regulations for residential districts. APPROVAL OF MINUTES CITY COUNCIL UPDATE ONGOING ITEMS ADMINISTRATIVE APPROVALS OPEN DISCUSSION 6. Discussion of Conservation Easement Form. ADJOURNMENT CITY of ‘ ‘ ANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN. MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 • MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, Senior Planner DATE: June 22, 1992 SUBJ: Minnewashta Heights Non-Conforming Recreational Beachlot Minnewashta Heights subdivision was approved in 1953. There are approximately 74 homes in the association. The beachlot is 7,500 square feet in area and has 50 feet of lake frontage. The beachlot does not meet the current minimum requirement of 200 feet of lake frontage or the 30,000 square feet of area. A survey of the beachlot was undertaken by city staff in 1981 and it showed that there was 1 dock (150 feet in length), with a total of 6 boats at the dock with room for 14 boats. The survey in 1981 showed there were two canoe racks (with space for 12) noted. There is a swimming beach and a swimming raft, all of which appeared in the 1981 survey. The location of the docks appears that it meets the dock setback zone, but it also appears to be at the absolute minimum. The setback zone requires a 10 foot setback from the adjoining property. This beachlot also has a swimming beach and raft, with only 50 feet of lake frontage. It appears that it may not be safe to have a swimming beach in a beachlot with only 50 feet of frontage. The swimming beach needs to have buoys installed to delineate the beach area. _ The association is requesting 17 boats docked and 2 canoe racks with boats. The association have provided documentation of the number of boats approved, by the association to be docked going back to 1972. In 1981, the association minutes shows 17 names approved for docking. Ars, t4: PRINTED ON RECYCLED PAPER Minnewashta Heights Beachlot June 22, 1992 Page 2 _ SUMMARY — The association is requesting what they feel is the 1981 status quo of their beachlot with 1 dock, 150 feet in length, 17 boats to be docked and two canoe racks. _ ATTACHMENTS 1. Beachlot Application 2. Summary of Beachlot Inventory 3. Minnewashta Heights Community Council Minutes — — NON-CONFORMING RECREATIONAL BEACHLOT PERMIT ASSOCIATION P.C. CITY COUNCIL — REQUEST RECOMMEND ACTION — Association Minnewashta Heights Lake Minnewashta Number of Homes 74 — Size, square feet 7,500 Shoreline 50' — Motor Vehicle Access no Off-Street Parking no Boat Launch no Buildings not requested Seasonal Dock 1 150' Canoe Racks 2 Boats on Land 0 Boats at Dock 17 Boats Moored not requested Swimming Beach yes Marker Buoys no — Swimming Raft yes Miscellaneous 1 APR 01 '92 16 10 SCHWOERER & ASSOCIATES P.1/1 Post•It'"prang fax1ransmittal memo 7571 of page. ► _ graffiglitlMEMERNMII Co. Dept. I11111 Fex a Fax x )17CHANHASSEN 935-5 „, 3ULTER DRIVE .............:BEN, MN 55317 NON-CONFORMING RECREATIONAL BEACHLOT APPLICATION HOMEOWNERS ASSOCIATION: /)2/ Ii)2S4yk /I4% IS 6c(tz4O i - CONTACT PERSON: Tal ADDRESS: Aece/Sfo., A6/ 3533/ 63a) ,Cbyxdcf TELEPHONE (Day time) 4410kg TELEPHONE (Evening) : Please provide all requested data consistent with what existed is the summer of 1901, 1. Number of homes in the Homeowners Association 941 2. Length of shoreland (feet) 66)-q. ,odo ) 3. Total area of Beachlot (in square feet) - . 4. Number of docks 6. Length of dock(s) &O P-4 7. Number of boats docked 1?k'ere a�sl,ne4 i z summtero 8/. 8. Number of canoe racks a (SpQce -cor l r 9. Number of boats stored on canoe racks kh7 10. Number of boats moored, i.e. canoes, paddle boats, sailboats. -0 11. Number of boats on land .cee. canoe rttc&C 12. Swimming beach Yes No Buoys Yes No )(/ 13. Swimming Raft Yes A" No 14. Boat Launch Yes No 15. Motor vehicle access Yes No A" Number of parking spaces -o-- 16. Structures, including portable chemical toilets: -0- RECREATIONAL BEACHLOT INVENTORY 1981 1986 1991 Minnewashta Heights 74 homes Lake Minnewashta 7, 500 sq. ft. 50 ' of shoreline Motor Vehicle Access no no no Off-Street Parking no no no Boat Launch no no no Permanent Buildings no no no Setbacks Temporary Buildings no no no Portable Restroom no no no Picnic Tables 2 2 2 benches benches benches Grills/Campfires no no no Seasonal Docks 1 1 1 Approximate Length Canoe Racks 2 space 2 space 2 space for 12 for 12 for 12 Boats on Land no no no Boats Moored no no no Boats Docked 6 room 6 room 7 for 14 for 14 Swimming Beach yes yes yes Marker Bouys no no no Swimming Raft yes yes yes Comments: ' , • CITY OF FIORE WOOD ? 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(1--ct)i.4..c), _ ..., po 5 - AI _ *-_ t — r 1b - 3 g - " — 4/ 1".7' i iK - 3 . , ' di?= - 71- — _ ft / — v L. ;,,,,,r .D Lc) (14? zip y — � a fj� Qi Ch <_ \c\ • , , r J �1 :t .s.ff t i . P ' J. .) u is :'�.-f t! f 3 . j r1 u 1 < .. _ ) , L • 1li ;E' AStlA HEIGHTS :Mil` IIYJO:HI _ 1_=_.1: :_C __-1 C'•:_T.: . _).-__Y3 A:A i'i� :i• .'L- r a: ii O 2. :cac:. :0 -r:t c:-.t3. 1 ept-, r :!or:,_ .:-'_l 1.e at 5: ":0 P.:- . — T;- erc 's lots to =o, cc tc;_'t va- t for 'Geed 2•0i1::-i:or Sar:' to do it for you-please be t!-ere. No need -..-cul I — So ;rab a ra :e and t•:1 ower is :'ext to: you r:_.:: HIT THE =LAC:_I 1 - (Be sure to ►•-ear your ' I survived t:-.e 1:i:-:2- esota .li_:ter of ' Z;%:' T 1::e clock will be put in t!-..is Saturday, }•;ay 1 , courtesy of Al Lei in7, :lis r•ig:::ty Bob-Cat, and several already recruited volunteers. T:'is l:cult i ze clean-up day ro ,:uc'r_ sr:oe z:-er. — Brat Slips If you :seed a slip , call Ton Devitt at 1+71:-18,57. Plr .se — indicate r,refer_ed slip a_-d if you save a boat lift. (Boat slips will r,-o in Yay 8. ) ADDED -CSE Annual dues are due ! ! P1. _se re:? er bcr your f_ _:a:.c-.al — V_ s n i l y r.'• o d + it 1• f .'e _1c: ibili�� for �..is let el,, .:e`;,._b,.r':cc ___-.:: ? e: ro~ rt1 . Our Trp[.sr:rcr is Herb Sc .affer, pa2.7.e_ts ray be d rreped off at .•c e-5241 Ely. Tree. - — ::e :.uc:• are t' c sem. e as 'last year: _°c::-L•._. es: ere:--- $ 18.00 L^':es:-.crc--- 'S.CG , ‘,(2.cY" Mt) /11"4 - _ _c DE Vf.tt 1 r5 IX !2,, ,vr Lvic-KT\ ci3J ,,,.4P\-) - 1 ��`l 4- ! , \ di) -( .7-_] L.._ . ,,,,, 1 _ J: xe---) itcli ck acj) _., • qW ,....r. c‘ , t,s- ‘\(... ..'..-, .i\ F. S. =... ..c'.a=_ c. _ :__c:._ _•.r_ be. ace_:' -- -'c•- :------ ;--_ vitt ._t r.._-,-e p:• e_:e _',_.,c:r. = r,,t Cc_ e '=_'c-- 1 cr e ! ! ! ! - Ips/ 1 . AL Le a . f/YI et.. 1Y-L6 d AA sr i"-te . TiLu iltAk f3 - s 1 (, "rem �r,v- • I .4 AA- LedL, 1 Lie z 1 b .)4 C!'..td s 13oAT SLIP ASSIGNMENTS 1979 .1 KEITH Af?NTSEN — /\ 2 DANA 7 oHNSON 2 3 3 AliKE n1ARR — yToniRobb S VINCE ZioNNSo-v 6 AL LEHNER ILI 5 6 7 ikFF WILL + C To,v)- MITGNE44 /\ .9 HF.•�i) S c HAFTER 78 9 /0 Hu Cs E_N HOribAcK _ _ 11 AL LEI'ING Io lei j — • f ' &.441 lr.4 •.f;,ttki. . ' '•• ;:ji:s.:;,.-1r.:;.---.Ar..tiii::,*•`"•'f'$' BOAT u P ASS I JJME I1 ;1 . ,�•-: s. 'cif/13' ' .• 'x, ;;- 1. DoN B At'f DT z' 11 MITC4t�- r .`)s • 3. ToM Robb . • �.:. 4, MIKE c1ARKr 5. JEFF WOLL • - b, Viry Jo�NSo+�l ' 7. RoN 54ROSZ 11I1vi 7} 1PSonl ''' A 4t At 1�D1 ilk lt ~ w Ii $ - 0 Ila /iu D Poc WaA , 3; 1�a 1.11/t�Li.J . N ` ,.}_1. U - . . to If �` .; •:ti':-34:::1, .- {. ►. '� � TUT J ` - �•A — fi r �. , + i !3 1 !� J L- - „�: r —i r_'i Vic.. T 1 ' D S�tP X4551�N ' i_ i A OF t-WI 15 NOTE UN fabeitVEDSPAS. BOAT SLIP ASSIGNMENTS — 1977 . . " I . .. 1. Charles Gruver - • 1 , _ 1 { 2. Don Carsik — • I` , 31 ' 11 3. Don Brandt I 4. Ron Schroer I• y . Jeff Woll — [.. . .. . ..... 5. " • - • - • . • 6. Dick Dutcher d 7. Larry Halbach i - - .=.--, ..- . 8. Charles Buffler — b 1 i9. - - ? . - 10. Hud Dollenback I. it • ! • 11. Jim Thompson — 12 . Mac McCaul • ii=Zo/ .� _ 13. Harry Funk ---111.7-;- 14. — T---1 . 1 - 15 . . x j 17. — — tG — . T--r 1---- _ ..._ . .• .___ __. . . , . . _ 4_,...._ $�iG - i . - - 6 ® a r L. Ib It - .48' /4 i '3 a] 12- N... '1 „ i 0, I 197e I fO — i &'A Su, I Ass4wrcaNrs r 0 44, 0 s t - D 7 o 1 Ll6n a - Lr) 11 • 6 j g & ... el, 1 3 �)- 4 i' � 40' 3 - - 1 2 j- I 1 1 �9-7 3 . eoj4 .. s / P I q (4.(,)7 sea-c_4../ . fail) i-foLezitis4 cK - Gi4iet7s /y c ,E7114-4_/.27-' - s, /1/44.ek'L ' _ If4 LL e/4 -- -- - - - 7-__ .Lcs J a/-(41\rort) -- -- — - — (, A c_ �.�. ---//4/1 -,/0N1 P:5o4/ . . - / 9 72 80A'1' 5'4. I P 4S S/GAJM o © IP de. . 3cAT— OW4/F.R 3• 1'. t - 41, j ,, Hc.,"1") .- mac " -�_ COF 7, • 9. /'/Ac.. 41 ' .< % _ Q _ G' NOTICE OF PUBLIC HEARING y 1 — PROPOSED NON-CONFORMING USE PERMIT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Wednesday,July 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 consider a non-conforming use permit for Minnewashta Heights Recreational Beachlot on Lake Minnewashta. The permit shall describe the nature and extent of the use allowed. — All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Kathryn Aanenson, Senior Planner Phone: 937-1900 — (Publish in the Chanhassen Villager on June 18, 1992) A PA/01T MT BhLrK.hNTSaMAW' C / D f! w/ N — •rc.• AC 1.w- if-'''_...117410:111Wilt , =WO Z-...„.111111 WA.-Oirimmar&EIN T ."-- Lotil ,/ Prillik Psi :le,:if.,....Volitik „Iv 44,1*•, ..y,...,‘ ir;NMI r -Srs -/ a ;A *Aro- _ at u E.•i1� "� �'r�1 I�' app " JS N FiEco . —Id,C[sda�mold�� J'rt �+,-•liri"...moi 1— �, r , .... ' . rim sfleP nig l84/4 b., •! AL_ p. `tt 1` - f c� c. -Ewa 10 LAKE 1111 1a 2 LWLAKE ��. / , . 7 jrI% sYr i "- M ! NNEWASNTA I41 i REGIONAL 4 = 1 • . ----1-__c , . 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M POSTHUMUS & E TUSSEY JOHN MCKELLIP CURRENT RESIDENT 3421 SHORE DRIVE 3431 SHORE DIVE 3441 SHORE DRIVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 _ MORRIS MULLIN RED CEDAR COVE INC WENDELL SCHOTT 3451 SHORE DRIVE C/O D C PRILLMAN 7034 RED CEDAR COVE EXCELSIOR MN 55331 7064 RED CEDAR COVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 AURETHA SMITH RALPH KARCZEWSKI - 7044 RED CEDAR COVE CURRENT RESIDENT 7054 RED CEDAR COVE EXCELSIOR MN 55331 7048 RED CEDAR COVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 WARREN RIETZ DAVID PRILLAMAN BERNARD GAYTKO 7058 RED CEDAR COVE 7064 RED CEDAR COVE 7068 RED CEDAR COVE _ EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 KENNETH WELLENS NELSON ANDRUS STEVEN EMMINGS 7074 RED CEDAR COVE 7078 RED CEDAR COVE 6350 GREENBRIAR -EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 - RICHARD HANSON ROBERT HEBEISEN RICHARD ZWEIG 6400 GREENBRIAR 3607 IRONWOOD ROAD 3601 IRONWOOD ROAD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 _ CURRENT RESIDENT FRANCIS FABER RICHARD WING 6331 CYPRESS DRIVE 3471 SHORE DRIVE 3481 SHORE DRIVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 WILLIAM TURNER CHARLES ERICKSON THOMAS WRIGHT -3501 SHORE DRIVE 3621 IRONWOOD ROAD 3611 IRONWOOD ROAD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 MICHAEL MORGAN L 0 PARSONS CURRENT RESIDENT 3734 HICKORY 3732 HICKORY 3724 HICKORY EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 MARVIN YORK ALFRED SMITH GREGORY BOHER 3716 HICKORY 3714 HICKORY 3706 HICKORY _EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 GARY PETERSON JAMES MOORE SAMUEL POTTS 1769 20TH AVE NW 3630 HICKORY 3628 HICKORY _ NEW BRIGHTON MN 55112 EXCELSIOR MN 55331 EXCELSIOR MN 55331 ERIC BAUER STEVEN KEUSEMAN KATHLEEN LOCKHART 3624 RED CEDAR POINT 3622 RED CEDAR POINT 8549 IRWIN ROAD EXCELSIOR MN 55331 EXCELSIOR MN 55331 MINNEAPOLIS MN 55437 - EDWIN SEIM RICHARD SCHLENER THADDEUS SCHWABA - 292 CHARLES DRIVE 200 COMMERCE CIR S 3603 RED CEDAR POINT SAN LUIS OBISPO CA MINNEAPOLIS MN 55432 EXCELSIOR MN 55331 _ 93401 J D KNIGHT WYNN BINGER PAUL LARSON _ 485 PILLSBURY BLDG 2950 DEAN PKWY #1503 3609 RED CEDAR POINT 608 2ND AVE S MINNEAPOLIS MN 55416 EXCELSIOR MN 55331 MINNEAPOLIS MN 55402 - LUMIR PROSHEK EMIL SOUBA BIRATA DUNDURS 5704 DEWEY HILL DR 14025 VALE COURT 3627 RED CEDAR POINT - EDINA MN 55435 EDEN PRAIRIE MN 55344 EXCELSIOR MN 55331 LINDA JOHNSON CHARLES ANDING HELEN ANDING 3629 RED CEDAR POINT 3631 SOUTH CEDAR 1708 E 57TH STREET - EXCELSIOR MN 55331 EXCELSIOR MN 55331 MINNEAPOLIS MN 55417 CHESTER LOBITZ LARRY VANDERLINDE NICHOLAS HAWLEY 3637 SOUTH CEDAR 211 CHESTNUT 1920 S 1ST ST #1004 EXCELSIOR MN 55331 CHASKA MN 55318 MPLS MN 55454 - ANDREW JENSEN DAVID HEMPLE FRANK BOYCE - BOX 277 3707 SOUTH CEDAR 3711 SOUTH CEDAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 - CLIFFORD PEDERSEN RICHARD ANDING BASIL BASTAIN - 3713 SOUTH CEDAR 3715 SOUTH CEDAR 3719 SOUTH CEDAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 CURRENT RESIDENT KENNETH SMITH ROBERT C OSBORNE 3725 SOUTH CEDAR 3837 RED CEDAR POINT 3815 RED CEDAR POINT - EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 - WALTER SCHWATZ JEROME AHLMAN JOEL ANDERSON 3888 FOREST RIDGE OR 3896 LONE CEDAR 3894 LONE CEDAR CHAKSA MN 55318 CHAKSA MN 55318 CHASKA MN 55318 JOHN PETERJOHN DANIEL HERBST TERRANCE JOHNSON _ 3892 LONE CEDAR 3890 LONE CEDAR 3898 LONE CEDAR CHASKA MN 55318 CHASKA MN 55318 CHASKA MN 55318 EDWARD OATHOUT GEOFFREY SCHIEFELBEIN STATE/MINNESOTA IN TRUST - 3940 HAWTHORNE CIR 3920 HAWTHORNE CER C/O CARVER CO AUDITOR EXCELSIOR MN 55331 EXCELSIOR MN 55331 600 EAST 4T1I STREET CHASKA MN 55318 JOHN MERZ/DAVID TESTER 3897 LONE CEDAR ALL SECTION LAND -CHASKA MN 55318 - GERMAINE SCHWAERER 6340 FIR TREE AVE EXCELSIOR MN 55331 CITYOF C IIANBASSEN 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: June 23, 1992 SUBJ: Moon Valley Aggregate North Site - Interim Use Permit #92-5 SUMMARY The applicant is requesting approval to remove approximately 250,000 cubic yards of clay material from a 45 acre site of which approximately 22 acres will be disturbed. The site is located on the Chanhassen/Eden Prairie city line, south of Pioneer Trail, and immediately north of the existing Moon Valley Gravel Operation. The clay would be trucked via Pioneer Trail to the Flying Cloud Landfill where it will be used to permanently cap off the landfill which is now in the process of closing. Upon completion of the excavation, black dirt, which will be saved on-site, will be respread and reseeded. The proposal calls for the creation of two sedimentation/retention basins which are designed to resolve long-standing erosion control problems in this area. The proposed excavation is designed to avoid loss of mature trees and will occur only in an open field area, which until recently, was regularly farmed. The site is zoned A2 and such mining activity is allowed as an interim use in this district. Upon completion of the grading, the area will remain suitable for residential development at some point in the future, consistent with the applicant's long range plans. No residential development is being proposed at this time. There is an extensive history concerning this and the related Moon Valley Gravel Operation. The most recent staff report on the Moon Valley Gravel Operation is attached for in-depth review. The city is currently involved in an attempt to regulate this operation in an effort to protect the health and safety of Chanhassen residents. This action has already resulted in significant litigation between the applicant and the city, which is not yet resolved at the time of writing. It is significant to note that the Moon Valley Gravel Operation is significantly different than the current request. The original Moon Valley operation has non-conforming status since it _ Is to PRINTED ON RECYCLED PAPER Moon Valley North Site June 23, 1992 Page 2 — was initiated well prior to the establishment of city zoning regulations. The city has maintained, and the Carver County Court has found, that this non-conforming status does not apply to excavation/mining operations on the north parcel, which is the subject of the current request. Therefore, all regulatory standards required by the city in Article III, Excavating, Mining, Filling, and Grading, of Chapter 7 of the City Code, can and should be applied. The site is in reasonably good condition from an environmental standpoint. There is a significant forested area located along the prominent and important Minnesota River bluff line at the south end of the property which has not been disturbed. The balance of the site where the excavation is to occur is an open field area. This area contains remnants of an earlier clay removal operation by this applicant in 1987. Upon finding that this removal was in — process, the city notified him that a permit was required and since none had been obtained, all activity must stop. The applicant has never restored this area and consequently there is evidence remains of this earlier activity. There are also two significant areas of erosion on the east and west sides of the site. These do not appear to be attributable to any of the activities by this applicant but rather are a result of natural processes exacerbated by farming activities. — In spite of its complex background and the city's difficulties in resolving our concerns with the applicant over the Moon Valley gravel operation, we find that we are generally in — support of the current request. We find that it appears to be reasonable from an environmental protection standpoint since mature trees remain untouched and an on-going erosion control problem will be resolved. Secondly, we believe that the operation as — proposed can be made to comply with the standards in the ordinance, as well as acceptable site management practices. Lastly, we note that the end-use plan for the site is consistent with staff's expectations of how this area is to be developed with single family lots. However, no housing development is being proposed at this time. We also note that the city has the latitude to require sufficient financial guarantees to ensure that the site is managed in — a manner consistent with any approvals that are given and we will are proposing that this latitude be reasonably exercised. Staff continues to have some reservations with this proposal, but for the most part, these are adequately resolved with proposed conditions contained in this report. One major concern is the applicant's proposal to grade a retention basin on the common property line between this site and the original Moon Valley Gravel Operation. The applicant and his attorneys have often promoted the idea of linkage between these two sites from a functional and legal standpoint. We emphatically reject the notion that there is any legal basis for tying the two — actions together. Our position has been affirmed by Judge Kanning. However, the applicant believes there may be some reasonable basis for linkage based on operational characteristics in the area of this pond and staff does not totally disagree. — Moon Valley North Site June 23, 1992 Page 3 The purpose of this retention basin is to intercept a large volume of storm water that drains down along side the former railroad right-of-way towards the Moon Valley area causing significant erosion and downstream water quality problems which ultimately impact the Minnesota River Valley. Much of this water is coming from upstream locations that are not located on any of the parcels owned by this applicant. Thus, it may be reasonable to consider constructing an impoundment that addresses this concern. However, the impact of the applicant's activities on the sensitive Minnesota River bluff line cannot be underestimated. Through his activities, he has destroyed significant parts of the bluff line to the extent that this activity is now visible from across the river in Shakopee. Without active intervention on the part of the applicant, this is a scar that would never heal. Secondly, we note that a variance from the ordinance is required. The code provides for a 300 foot setback for mining activities. What would be undertaken in this area is clearly mining and is quite different from the excavation that is proposed for the clay removal. A setback of 0' is required. The applicant's proposal to mine in this area may provide mutual benefit for both the Moon Valley operation and the community as a whole. Mr. Zwiers would be able to obtain additional gravel which benefits him financially. In the process, he would remove a narrow peninsula of the former bluff line and in so doing expose a forested secondary bluff line located a slight distance to the north. This is difficult to describe but essentially he would be removing a nearly destroyed remnant of the original bluff line and exposing a secondary bluff line to view, in the area. In addition to resolving erosion control problems in this area, staff believes that opening up this back valley to view may be of benefit. We are very reluctant to recommend approval of such large scale earthwork on the Minnesota River bluff line, but in this case, we believe there may be enough benefit that results. However, in exchange for approval of this additional mining and associated variance, staff is recommending that the applicant be required to prepare and implement, a reforestation plan, for the balance of the exposed and deforested Minnesota River bluff line on the original Moon Valley Gravel site. This plan should be prepared in conjunction with the Minnesota DNR Forester for approval by the city. By so doing, we believe that a fair exchange would result. Staff is recommending that the interim use permit for Tom Zwiers, Moon Valley Aggregate be approved with a setback variance to allow for construction of a retention basin subject to appropriate conditions. BACKGROUND • Pre-1970 - The Moon Valley gravel pit existed as a small scale operation. The property also accommodated a rifle range and ski hill equipped with a tow. The rifle range continues to be utilized. Moon Valley North Site June 23, 1992 Page 4 Ownership of the mining operation changed hands. The scale of the operation was greatly expanded in the 1970s. • 1987 - The city became aware of the mining of clay on a new parcel located above the bluff line with access to Pioneer Trail. The city took action to halt this activity — since it was undertaken without a permit. No further activity has occurred in this area. The site of the excavation has not been restored. • Late 1989-early 1990 - The city received several complaints regarding grading activities at the Moon Valley site from area residents. A review of city ordinances revealed that the city had little or no review authority over Moon Valley. A further — review indicated that the ordinance inadequately dealt with not only mining but all aspects of grading activity. At the City Council's request, staff and the City Attorney developed a comprehensive ordinance dealing with all related activities. — The ordinance established that uses such as Moon Valley that predated the ordinance, had six months to obtain a permit. The Moon Valley operation and legal counsel were — involved with discussions pertaining to the drafting of the ordinance and while they may or may not have agreed with the text, they were fully familiar with its provisions. • 5/14/90 - The new ordinance was adopted as Article III, Excavating, Mining, Filling, and Grading in Chapter 7 of the City Code. • 1990-1991 - Moon Valley operator was notified on several occasions by registered mail of the need to obtain a permit. Rather than comply, the Moon Valley operator sought a Declaration Judgement Action on October 1, 1990, maintaining that Ordinance No. 128 was an illegal exercise of Chanhassen's police power. The city filed a counter claim that due to Moon Valley's failure to obtain a permit, it should be _ shut down. • 4/25/91 - Judge Kanning found that the city had the right to require that a permit be — obtained and gave the applicant 30 days to submit an application. The city's request to close the operation was essentially continued to give the operator time to respond. • Spring/Summer/Fall, 1991 - The city granted the operator several delays to prepare the application. A number of meetings were held during which staff was led to believe that a good faith effort was being made. _ • 10/1/91 - Staff reviewed the permit application and found it to be significantly lacking in content and substance. The Planning Director rejected the application. One — fundamental flaw was that two completely different plans were submitted. One plan indicated a "dig to China" scenario which totally eliminated the bluff line and Moon Valley North Site June 23, 1992 Page 5 — expanded the operation onto adjoining parcels and into Eden Prairie. Staff confirmed that the City of Eden Prairie was never approached by the Moon Valley operator. The other plan was marginally better. It was unclear as to which plan was being proposed, although it was implied that the city could "earn" the better plan by being "reasonable" with Moon Valley. • 10/14/91 - The city adopted a Minnesota River Bluff Line Preservation ordinance. The purpose of the ordinance was to recognize the environmental sensitivity and importance of the Minnesota River bluff line. The protection area is defined by an official map and the ordinance prohibits most activities from the area. • November, 1991 - The case went back to Judge Kanning. His findings were released — April 2, 1992. Essentially, he found that: - The operator/applicant had non-conforming rights on the south parcel (original — mine). The city never contested this point. _ - The judge found that the non-conformity did not include the north parcel along Pioneer Trail. — - The operator/applicant was allowed to continue mining the main pit but was given 30 days to submit the application. — - The judge felt that Plan "B", the better of the two plans, was the basis of the permit submittal. — - The city may impose conditions on the permit but only to the extent that health and safety are to beprotected. — • May, 1991 - The operator/applicant submitted additional information. Only minor changes were made to comply with the most limited interpretation of Judge Kanning's order. In addition, information on ground water elevations, which trial evidence — indicated had been withheld by the applicant, was submitted. Staff and the City Attorney met with the applicant. They indicated a continuing desire — to mine the north parcel along Pioneer Trail. Staff indicated that a separate application would be required for the north parcel and that all submittal requirements outlined by city ordinances must be met. We further indicated that based upon the court order which differentiates between the status of the northern and southern parcels, we wanted to process the requests separately. This was later confirmed in a letter from the Planning Director. Moon Valley North Site June 23, 1992 Page 6 • May 20, 1992 - Rather than respond as outlined by staff, the Moon Valley operator asked Judge Kanning to meet to clarify the court order. It was their continued contention that the judge approved grading on the north parcel. • June 3, 1992 - At the June 3, 1992, Planning Commission meeting, the Moon Valley _ proposal was reviewed. After staff gave their comments, the applicant's attorney spoke. He continued to question the city's ability to regulate Moon Valley as outlined by staff and objected to most, if not all, of the conditions. _ The Planning Commission discussed the matter briefly. Given the background of the use and the applicant's position as related by his attorney, the commission saw no need to explore the matter further. They unanimously recommended approval of the earth work permit subject to conditions in the staff report. • June 22, 1992 - The City Council reviewed the request. They approved the permit subject to conditions as recommended by the Planning Commission. Site Characteristics The 45 acre site is located south of Pioneer Trail on the Eden Prairie/Chanhassen city line. It is located immediately north of the original Moon Valley gravel pit. Surrounding land uses include: North - Pioneer Trail and large lot/ag residential located in Eden Prairie South - Moon Valley Gravel Operation East - Large lot/ag residential located in Eden Prairie West - The site is immediately adjacent to the abandoned Chicago and Northwestern Railway right-of-way. The right-of-way is approximately 100 feet wide. Homes located in Chanhassen in the Deerbrook/large lot residential subdivision are located further to the west. Site topography is extraordinarily rough. The northern half of the site is occupied by a gently rolling open field area that was farmed until recently. The southern two-thirds of the site _ contain steeply wooded ridges, ravines, and bluffs associated with the Minnesota River bluff line. The existing Moon Valley gravel pit, with its sheer mine face cut into in the bluff line, is located immediately south of this site. The site drops off steeply to the west down into a _ narrow valley containing the former railroad right-of-way which is currently owned by the Hennepin County Railroad Authority for use as a potential light rail corridor in the future. The land further to the west rises up steeply again to a heavily wooded hillside which _ contains the homes located in the Deerbrook subdivision. There is significant evidence of erosion in the vicinity of this site including areas located along the railroad tracks. Other Moon Valley North Site June 23, 1992 Page 7 significant areas of erosion on this site occur in two ravines; one leading down to the railroad tracks, and the other down into the City of Eden Prairie. Erosion activity in this area is caused by significant amounts of storm water flowing overland to these localized points. Problems such as these are often caused by activities by man, but are common as a natural occurrence as well throughout the Minnesota River bluff line area. — At the northern end of the site is the remnants of an excavation undertaken by this applicant in 1987. City staff found this operation to be illegal and it was shut down but the site has never been restored. There are two access roads leading into the site. The first is an extremely steep and somewhat precarious road leading up the mine face from the south into the site. The second is a significantly better road exiting north through Eden Prairie up to Pioneer Trail. Proposed Action The proposed action calls for the removal and sale of 250,000 cubic yards of clay material. The clay will be trucked on Pioneer Trail exiting Chanhassen and ultimately brought to the Eden Prairie landfill. The clay is necessary to cap off the landfill which is now in the process of being shut down. The proposal calls for utilizing 20-30 trucks with hours of operation requested from 7:00 a.m. to 6:00 p.m., Monday through Saturday. It is expected that if the work begins during July, 1992, it may be completed this construction season depending upon weather. If it is not completed during this duration due to weather conditions or other delays, it will be completed in early 1993. Black dirt found on the site will be stripped and stockpiled. After the clay is removed, the dirt will be respread and reseeded. The work proposed on the upper plateau of the north parcel requires no tree loss and will result in the construction of two storm water retention basins. These basins are somewhat unusual in that rather than being constructed with piped outlets, they are designed so that a sand layer located underneath the clay will be penetrated = and that ground water entering the ponds will be allowed to seep back into the ground water table. These ponds are designed to intercept all drainage on the north parcel and should significant reduce or eliminate existing erosion problems on this property. This site will remain vacant with its ultimate use being for residential purposes. Since disturbed soils impose limitations on construction of on-site sanitary disposal facilities, it is likely that this parcel will not be developed until sewer and water is available at some, as of yet unspecified, point in the future. Moon Valley North Site June 23, 1992 Page S Impacts to off-site properties should be reasonably minimal. Staff has proposed conditions that will deal with these potential impacts directly. However, the nearest residences are located several hundred yards from the property and there is significant terrain between the operation and these home sites. Long term views will not be disturbed by this operation since no radical changes in elevation will result and no tree loss will occur. The request also includes a proposal to mine out an area that is located in an area that straddles the north and south parcels owned by this operator. This area is not visible from any nearby residences but does involve the Minnesota River bluff line which is highly visible from locations to the south. Unlike the clay removal operation proposed for the high plateau, which is essentially a regrading operation, the proposal on the southwestern corner of the site is a full scale mining operation. As such, a variance is needed from the 300 foot setback required by city code since mining activities will occur up to the former railroad right-of-way which forms the property line of this site. Staff believes that there may be some benefit, not only to the operator, but also to the community at large in allowing this operation to take place. The proposed retention/seepage pond in this area would serve to improve water quality and erosion. Potentially, it could also expose a back or rear bluff line to view from the river which would replace the primary bluff line in this area which has largely been destroyed by this operator's excavation on the south parcel. However, as one condition of this proposal, and in light of the variance that is required to operate in this area, staff is recommending that a condition be imposed that would require the reforestation of the entire disturbed bluff line on the Moon Valley gravel pit site. Access Considerations This site has two potential accesses. The first is a steep dirt road that climbs the gravel pit face over the old bluff line reaching the southern end of this parcel. This is not proposed for utilization during clay removal activities. The route that is being proposed for use is a dirt road leading north out of the site over a parcel located in Eden Prairie exiting out onto Pioneer Trail. At Pioneer Trail, trucks would turn right and proceed through Eden Prairie to the landfill. The applicant has told staff that he has an easement over this driveway, thus, no further action is required. As a condition of approval, staff would like to have a copy of the easement on file so that we can ensure that substitute access provisions will not be required. The number of truck movements required for an operation of this magnitude is significant. The narrative states that 20-30 belly dump trucks would be utilized. If a belly dump can normally accommodate 10 cubic yards, we are looking at 2,500 truck movements during the course of the operation. We note that direct impacts on residences should be minimized through distances that are from the road to the homes that are involved. We also note that no city roads will be utilized. A condition of approval should mandate that the haul route using Pioneer Trail to the east is the only one that is permitted. Moon Valley North Site June 23, 1992 Page 9 Signs indicating "Trucks Hauling" should be posted during operations. A construction entrance at Pioneer Trail, acceptable to the City Engineer, should be provided to minimize the tracking of mud and debris out onto the county road. The applicant will be responsible for cleaning the county road on an as needed basis if dirt and debris find its way out into the travel right-of-way. The applicant should also demonstrate that he has been in contact with the City of Eden Prairie officials and is operating on roads in their community in a manner consistent with their engineer's recommendations. Site Management Staff has received several calls from concerned residents who envision a large scale mining operation occurring on the north parcel. We have assured them that this is not the case but their fears often gravitate to the potential use of explosives on this site. This has not been proposed by the applicant, nor do we expect that it would ever be warranted. However, as a _ protective measure, it would probably be appropriate to have a specific prohibition against the use of explosives as a condition of approval. Requested hours of operation run from 7:00 a.m. to 6:00 p.m., Monday through Saturday. Staff does not have any objections to this proposal initially. However, we would recommend that weekend operations on holiday weekends and weekdays on national holidays be prohibited since many of the residents will be spending time at home and should not be unduly disturbed. Additionally, if complaints are received from residents relative to Saturday operations, we would like to reserve the right to require that these be terminated. Appropriate conditions have been provided. Noise and dust considerations are of course a concern. Noise is an unavoidable impact of these types of operations. We believe that it is sufficiently addressed by the location of the activity and by the conditions being imposed relative to the hours of operation. Relative to dust concerns, staff has proposed a condition that the operator be responsible for dust control on site. Dust control measures may include site watering, and similar measures, or could ultimately result in temporary shut down of the operation if conditions require this based upon the determination of staff. We would envision this happening only if there is a protracted dry period and high winds. Appropriate conditions have been provided. Periodic inspections by staff will be required throughout the life of this operation. If activity is not to be completed and the site restored by freeze up in 1992, the applicant should work out an acceptable plan through the City Engineer's Office to allow the safe shut down of the site until thaw in 1993. A phased site restoration plan is proposed and will be required by the city. The applicant should provide staff with a written plan of how this phasing and site restoration is to occur. In addition to the Interim Use Permit fee required for this application, _ city ordinances provide for fees outlined in the Uniform Building Code to cover cost of site inspection by city staff. The fee structure specifies that for mining 100,001 cubic yards or Moon Valley North Site June 23, 1992 Page 10 — more, fees of $562.50 for the 100,000 cubic yards, plus $22.50 for each additional 10,000 cubic yards or fraction thereof, is required. Thus, a total permit fee of $900.00 is required _ and should be paid prior to the start of work. Secondly, our ordinances allow the city to require financial guarantees that the work will be — completed and the site maintained in an appropriate manner. The City Engineer's Office has calculated that based upon the request to remove 250,000 cubic yards of material that a letter of credit acceptable to the city in the amount of $40,000 should be provided prior to the start — of work. Drainage/Erosion Control — The area around the Minnesota River bluff line is extremely susceptible to erosion. In many areas, the clay soil overlay of sandy soils underneath is quite thin. Natural erosion in this — area, with its steep bluffs, is an ongoing concern. Introduction of human activity has significantly accelerated this problem. The site contains two ongoing erosion problems. The first is located along the eastern property line at approximately the midpoint of the parcel. It —' is the entrance to one of the many steep ravines that is typical in this area. Water draining over the farm fields pouring down this ravine has created significant erosion in this area. There is also some debris that was dumped in this area at some point in the past. As the ravine erodes, it is extending west across the parcel. There is another but smaller similar type of erosion problem occurring on the west property line in the area that drains down to the — former Chicago Northwestern Railroad right-of-way. The railroad right-of-way itself is one of the more significant erosion problems in the area. It serves as the conduit for a large volume of water draining south towards the Minnesota River. Embankments along the railway right- _ of-way itself are generally significantly eroded. One of the primary advantages of granting the requested interim use permit would be that we — would have a means and place to address the erosion control problems on the site. In so doing, we would not only resolve these problems but would also serve to improve water quality of storm water that ultimately drains into the Minnesota River. The proposal calls for — the construction of two storm water ponding areas. The larger one is located at approximately the middle of the property and the second is located at the northern tip of the triangular parcel. These ponding areas are somewhat different than what we find elsewhere. — The proposal calls for excavating the ponding areas deep enough so that they penetrate into the sand layer which is located below the clay. Thus, instead of having water fill the ponds to a point where upon it would drain by pipe into another area, these ponds are constructed to — let the storm water seep back into the ground water table. Given the circumstances of this property, we think this is probably the best approach; however, we would like to take an opportunity to have the city's engineering consultant, Bonestroo Engineering, review the plans — to make any suggestions for improvements prior to City Council review. The applicant will be billed for the cost of these services. Moon Valley North Site June 23, 1992 Page 11 As a condition of approval, the applicant will be required to give staff an as-built grading plan of these ponds upon completion to ensure that they penetrate the sand layer, that they are constructed in accordance with approved plans, and they have not been allowed to sediment in through the operator's grading activity. Over time these ponds will also have to be maintained and occasionally sediment and material will have to be removed from the bottom to allow percolation to continue. Drainage easements should be provided over these areas and a notice should be placed in the chain of title of these lots requiring current and future property owners to maintain them to the satisfaction of the city. The northern most pond is located close to the railroad embankment. Staff is concerned that allowing water to seep into the ground in this area has some potential for undermining the slope extending down from the site down to the former railway tracks. We are proposing that a clay liner be placed on the western side of this pond to ensure that storm water seepage is directed away from this area. A third storm water basin is being proposed that straddles the line between the north and south Moon Valley parcels near the railway right-of-way. This ponding area would serve a similar purpose and is able to intercept and slow storm water that runs down along the railway tracks. If grading in this area is to be approved, staff would like the applicant's engineer to ensure that interception of drainage in this area does not unduly impact stream flow on a water course that is located slightly to the west. We would also like the plans modified so that tree loss on the northern side of the pond is minimized. At the present time, grading plans indicate what appears to be more tree removal than is warranted in this area. No tree removal should be allowed in the area north of the flowage that enters the pond from the railway right-of-way. The applicant shall apply for and receive a watershed district permit and comply with all proposed conditions. A modest erosion control plan has been illustrated. The applicant's engineer should work with the City Engineer's Office to develop a more precise and acceptable erosion control plan for this site. Erosion control measures should be established before any material is removed and maintained throughout the construction period. Issues Pertaining to the Proposed Southern Ponding Area As mentioned periodically in this report, the applicant is proposing the construction of a third ponding area. This pond is to be located on a site that straddles the north and south property lines of the two parcels owned by the applicant. It is located immediately adjacent to the former railroad right-of-way. Grading in this area poses some practical and philosophical problems for staff. The = applicant's activities on the southern parcel have resulted in the wholesale destruction of the Minnesota River bluff line. As a result of these activities, a small half mined finger of high Moon Valley North Site June 23, 1992 Page 12 _ ground extends west towards the railroad tracks in the vicinity of the proposed pond. The applicant is proposing to completely remove this finger of high ground and excavate out the _ area of the pond. Thus, he is benefiting by having authorization to remove and profit from the sale of material from this area. Staff differentiates from this activity which we define as mining from the request elsewhere on the north parcel which is largely material excavation _ resulting in regrading of the site. Mining activity is subject to a 300 foot setback requirement and this request essentially has no setback, thus a variance is required. The rationale behind the city's consideration of the variance should be clear. There is a drainage and erosion control problem in this area and the proposed pond's location appears to be the most likely one if measures are to be developed to address this concern. Therefore, it _ is essentially the topography of the area that is dictating the placement of the pond in this location. In reviewing a variance, we considered potential off-site impacts. We do not believe that this area will be visible from any of the surrounding homes due to its remote — location and elevation. In terms of public benefit, we believe there are several things to be considered. First of all, an erosion control and water quality problem would be addressed by placement of a pond in this area. Secondly, removal of the mined out finger of property, — which is a remnant of the original primary bluff face, would expose a secondary bluff line located on the other side of the pond. This area is still densely forested and when viewed from a distance is probably going to be difficult to tell that you are looking at a secondary — bluff face and not the original primary one in this area. However, we believe that an additional requirement is necessary to warrant the variance. Therefore, we are proposing that the applicant be required to develop a reforestation plan for the remaining areas of the — primary bluff face located on the south parcel which the applicant is in the process of mining out. This plan should be developed for approval by staff and financial guarantees be posted to ensure that it is complied with. Placement of trees in this area will address visual impacts — of the applicant's operation and help to make significant progress in stabilizing a highly disturbed and steep slope that remains after the gravel has been removed. Environmental Considerations In reviewing this site, we have concluded that there are no wetlands or protected water bodies that are being impacted. We also reviewed state environmental regulations to ascertain if an environmental assessment work sheet is warranted. We found that the mandatory threshold _ for an EAW for this type of use is the excavation of 40 or more acres of land to a mean depth of 10 feet or more during existence of the operation. The proposal as outlined by the applicant will disturb and area that is considerably smaller than the mandatory threshold. At _ this point, staff does not believe that requiring an EAW will add significantly to the understanding of this request nor of measures required to deal adequately with it. Fencing Moon Valley North Site June 23, 1992 Page 13 City ordinances allow the requirement of fencing when appropriate to protect public safety due to operations of this nature. In reviewing this proposal, we do not believe that resulting slopes will be steep enough to require the placement of safety fences. Therefore, no such requirement is being recommended by staff. Site Restoration and End-Use Plan City ordinances require operators to give the city a site restoration and end-use plan. The applicant has attempted to comply with both standards. The narrative document describes that no trees will be cut on the north parcel outside of the area of the proposed lower southern pond. Additionally, black dirt will be stockpiled and respread and reseeded immediately upon completion. This is acceptable to staff since this area is open field grass at the present time. Staff would also like to have the applicant's engineer develop a plan to respond to repairing the two areas of erosion that exist at the present time on the north parcel. We realize that in repairing this erosion, care must be taken to avoid further disturbance to the area, but we believe some restoration, cleaning, and revegetation of these areas are warranted. The end-use plan developed by the applicant for this site illustrates a long cul-de-sac extending south from Pioneer Trail along which large lot residential sites are clustered. These homes would be nestled along the top of the bluff line and would be highly attractive home sites. The end-use plan was prepared for the original Moon Valley request and is not consistent with the current grading plan proposal. However, it does illustrate the type of residential development that can be accommodated. Given the disturbance to this area, the Building Official questions the ability to satisfactorily provide on-site sewer in this area. If the use of on-site systems are proposed it is likely that mound systems would be required and these must be engineered to the satisfaction of the city. It is equally likely that development may not occur until sewer and water is available and at this time there are no specific plans for programs that would extend utilities into this area. The grades that will result from this proposed excavation are consistent with leaving the site in a condition that can support residential use. STAFF RECOMMENDATION Staff recommends that Interim Use Pemiit #92-5 for earth work be approved with a 300 foot setback variance subject to the following conditions: 1. Provide staff with a copy of the access easement over the off-site haul road. 2. Prior to the start of operations, a truck entrance designed to minimize tracking of mud and debris into the right-of-way shall be constructed. Plans should be submitted for approval by the City Engineer. The operator is responsible for cleaning the public Moon Valley North Site June 23, 1992 Page 14 — right-of-way as often as requested by the City Engineer. "Trucks Hauling" signs shall be posted. — 3. The City of Eden Prairie Engineer shall be contacted by the operator prior to start of operations to ensure that concerns they may raise can be adequately dealt with. — 4. Use of explosives to support this operation are prohibited. Hours of operation are limited to 7:00 a.m. to 6:00 p.m., Monday through Saturday, excluding national — holidays. If the city receives complaints regarding Saturday operations, the City Engineer may require that these be halted. 5. Dust control shall be the operator's responsibility. If conditions persist which make dust control ineffective, the City Engineer may require temporary halting of operations. — 6. The applicant is required to phase site restoration in a manner acceptable to the City Engineer. He should provide staff with a written phasing plan for approval. 7. The applicant shall pay an inspection fee of $900 and provide the city with an — acceptable financial security (letter of credit or cash) in the amount of $40,000 to cover the costs of site restoration. 8. Drainage plans to be reviewed by Bonestroo Engineering prior to City Council review. Fees for this shall be paid by the applicant. 9. Provide permanent drainage easements in favor of the city over the retention basins. Drainage calculations are to be provided to demonstrate that the ponds are properly sized. Place notice in chain-of-title that current and future owners are responsible for — keeping the basins functional. When development occurs, the city would normally accept responsibility for the ponds. The applicant must demonstrate that all ponds have bottoms located in the sand layer or structured outlets will be required. A clay — liner is required on the west edge of the north pond to protect the adjacent side slope. The applicant shall provide the city with an as-built grading plan of the ponds to ensure that they comply with approved specifications. — 10. Provide and maintain an erosion control plan acceptable to the City Engineer. Designate black dirt stockpile areas for approval by the City Engineer. — 11. Project approval by the Lower Minnesota River Watershed District is required. Moon Valley North Site June 23, 1992 Page 15 — 12. Modify plans for the southern pond to minimize tree loss on the north side of the pond. The applicant's engineer shall demonstrate, to the satisfaction of the City Engineer, that this ponding area does not disturb local drainage patterns. — 13. Provide staff with an acceptable reforestation plan for the mined bluff face on the Moon Valley gravel mine site. Adequate financial guarantees to ensure that the plan — is implemented upon the completion of mining shall be provided. _ 14. The applicant's engineer shall prepare a plan to repair erosion damage found at the two locations on the north site described in the report. 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Box 147 Chanhassen, Minnesota 55337 Subject: '.MOON VALLEY AGGREGATES Dear Paul: Our letter is in response to our phone conversation of yesterday concerning the application for the permit necessary for excavation of clay soils from the northerly 45 acres that Moon Valley Aggregates owns. We discussed several issues, one of which was the quantity of materials that are proposed to be excavated and exported from the site. Moon Valley Aggregates proposes to mine, load and truck away 250,000 cubic yards of clay soil material with the destination being the Eden Prairie Land Fill site. The second discussion item was our rationale behind the ponding system. In the 45 acre parcel we show the excavation of two seepage ponds. Our intent is to redirect the runoff of site surface waters as a part of this grading operation and direct the water to these two ponding sites. Presently water which runs off the field areas does so in a haphazard, uncontrolled manner and over time ravines have developed where the water concentrates and creates great forces on the soil and erodes it. Major erosion scars at present are a large ravine system which lear1s easterly into Eden Prairie from the east central portion of this site and secondly a smaller ravine which is developing along the western border of the property at the interface with the old railroad corridor now owned by the Hennepin County Regional Railroad Authority. .}U"► ° 1992 OF ,a �E�. In our efforts to stabilize this erosive situation we have come up with a concept of excavating ponding sites which are deep enough to pierce through the tight clay soils at the surface into the underlying sands. Moon Valley Aggregates proposes to excavate into this sand layer a small amount to create an atmosphere or situation where the surface waters running off to the ponds will seep into these sand soils and not overflow into the ravine systems any longer. The secret to stabilizing the ravines, in our opinion, is to redirect water away from them and over time allow them to stabilize again under conditions where the vegetation that's attempting to take hold isn't constantly overwhelmed by the force of the water that is coming from the upland. We discussed the possibility of trying to stabilize the ravines which have been recently denuded. We suggested that over time nature would very likely revegetate itself. You asked that we investigate other potential ways that vegetation could be established and we will continue on that request. At this point, I would like to reiterate one fear; which is that if we attempted to spread topsoil and revegetate the ravines by actually taking mechanical equipment into the ravines we would probably make matters worse not better. If work is to be done, it would likely he done by hand or from a distance by applying some sort of a water born slurry adhesive material to the slopes. At this point, I am riot sure how successful those attempts would be nor how logistically difficult getting to those areas might be. We will provide further recommendations as we develop them. The next item of discussion was over the issue of how we knew that we could break through into the sand layer under the clays in the bottom of the ponds. I indicated to you that Moon Valley Aggregates had investigated the depth of the clay soils by an exploratory excavation with a backhoe. Their best information at this point is that the sand interface in the major pond location occurs at about elevation 965. You will note that on our grading plan we have shown excavation to elevation 964 +/- with the goal of reaching into the clean sands with the pond bottom. In reality it is very likely that the sand interface elevation varies a bit and that field adjustments would likely be made in the pond bottom so that we could consistently reach to the sand layer. Lastly, we discussed the issue of the benefits of providing ponding downstream or downhill just above the area that is presently being mined. I had sent you a copy of a proposed ponding area which would be — constructed to straddle the south end of the 45 acre parcel and the north edge of the area that is being mined. This excavation would remove the lower bluff ridge and create a ponding basin. One result of this excavation would be a further generation of sands which Moon Valley Aggregates could sell to their customers. The second result of this work would be that the major or more northerly bluff line and slope which is heavily wooded would be fully exposed to view from the river — valley. The rational for the public's allowing this excavation would seem to be two fold. 1 . We believe that it would be in the long term more attractive for the heavily wooded slope to be the back drop for this area, fully exposed to view. The first reason to allow it would be to create a more aesthetically pleasing permanent — condition. 2. The second reason to allow this work is that it would allow the construction of a storm water ponding basin which would intercept the water from the bluff and water which drains southwesterly through the old railroad corridor and provide a large enough seepage pond area that water will not overflow out of this basin and therefore will not migrate downstream causing erosion or flooding problems. We will prepare a calculation of the estimated runoff volume to this "boundary straddling pond" so that you can better understand the magnitude of drainage into this area. — Please give me a call if you need any information immediately. We will continue to explore these opportunities and finalize our proposal. Thank you for your continued cooperation. Sincerely, SATHRE-:-2'GQUIST, INC. Of,6 �1 Richard W. Sathre, P.E. Roti S/dm — cc: Mr. Thomas Zwiers Mr. Charles Folch — JUN — 9 - 92 TUE 1 6 : 36 SATHRE — E: ERGG! U I v T , I NL: . F' . HERS S• -'a, z SATHRE - BERGQUIST , INC . C w 150 SOUTH BROADWAY WAYZATA, MN 55391 cc\ � (612) 476-6000 FAX 476-0104 S'i f \-\0 � tiFRS P`P June 5, 1992 Mr. Paul Krauss CITY OF CHANHASSEN 690 Coulter Drive P.O. Box #147 Chanhassen, Minnesota 55317 Subject: MOON VALLEY AGGREGATES Dear Mr. Krauss: Accompanying this letter are a permit application for earth work operations and data including a proposed grading plan. The application materials include lists of property owners within 500 feet of the legally described premises both in Carver County and neighboring Hennepin County. The materials also include a list of ground water elevations in the area and a map depicting ground water contours. Ground water in the proposed excavation area is well below the proposed Ease of excavation although perched water within the clay overburden is undoubtably present and will seep out of the sidewall of the excavation as sand seams within the clay are encountered. The purpose of this grading operation as depicted on our grading plan is two fold. 1 . The property owners have been approached by the owners of the Eden Prairie Land Fill looking for tight clay soils to be used to cap the landfill as part of its closure. This site is close by, the land is agricultural, in other words, open and not treed. The removal of the material would not be particularly damaging to long term use of the property. 2. The grading of the property presents an opportunity to solve present and continuing erosion problems of existing runoff flowing from the plateau into the ravine system that has developed over the years along the railroad corridor and also to the Pact. -TUFA - '3 - 92 TUE 16 : S8 STHREBERGQUIST . INC - P . 0 3 The excavation of a permanent ponding system, within the site, with 2 ponds will change the current pattern of erosive ravine drainage and promote groundwater recharge. These ponds are located: 1. At the very northerly edge of the excavation area and; 2. Near the head of the major ravine at the Pastern border. These ponds provide a pair of locations where site runoff may be directed and the water will seep into the underlying sand soils without running over the top edge of the ravines and continuing to erode the sensitive soils. The quantity and type of material to be excavated as part of this operation is well defined. The landfill operator needs a tight low permeability clay soil such as that found on the surface of this property. They have estimated the need for 250,000 cubic yards of this material. The grading plan as presented depicts the generation of this quantity of clay soil material. The land owners intent is that following the approval of a permit to do this work hauling operations would commence. This starting time is hoped to be during the month of July 1992. Soil material would be excavated by backhoe on the site and loaded into belly dump trucks and hauled via County Road #1 in Eden Prairie and U.S. Highway #169 to the landfill site. Access to County Road #1 would be via the road out of the north end of this property which exits immediately east of the railroad overpass bridge on County Road #1 just east of the Chanhassen/Eden Prairie boundary. Twenty to Thirty trucks would be utilized in the hauling operation with proposed hours of operation from 7:00 a.m. to 6:00 p.m. Monday thru Saturday. Obviously weather conditions would control the operations to some degree so we would suggest that the hauling work begin in July 1992 and continue until all the material is hauled or until the end of reasonable weather this construction season. Any clay soil not transported before the weather shutdown would be hauled in 1993. Work would commence again in May of 1993 and continue until completion. Restoration of the site would be done on a staged basis. As each area is excavated, topsoil will be replaced to a depth of at least 4 inches and the exposed soils areas reseeded. All 3:1 slopes would be mulched. In addition to the seeding, erosion protection around the ponding areas would be installed as the excavation was completed. All earth work operations, topsoil restoration and reseeding would be completed by October 15, 1993 for the entire site. LIN - 9 - 92 TUE 1 F : 39 ATHRE - BERGOU I ST . I MC _ F' _ C34 We hope this letter gives you the information necessary for the processing of this application, if additional information is required please contact us so we may provide it. Thank you for your cooperation in this matter. Sincerely. SATHRE-:1•.t" ST, INC. Richard W. Sathre, •.E. RWS/dm cc: Mr. Thomas Zwiers enc. JUN — 9 - 92 TUE 16 : 40 SATHRE — BERGQII I ST ... INC - P 0 5 • -„,/. „,.:. , . ,. ..,,,,,,t 1 ! „4 ,./,; .• ,gy ,•-...:-2,J2,, / • ,.. ,:::„.,tizzy ////' r . .. ,..:.: __ ,,, ,.... / „.„,..... 7._ _... ............. • .. .____ ,, , e ....„:„... / • i ....- " -..::---40.-•I/ ,p,p - 0°- y /j ' / // 1"' 4'. 1 '''Ns..„..1."'...77....7......7<s,:t„A ..'.!• •... / •/ / /1 <i . I •. 1 i. 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Adj. _ 1,1 Carver Soil and Water Conservation District 219 East Frontage Road Waconia, MN. 55387 442-5101 TO: Paul Krauss , Planning Director FROM: Chip Hentges, District Technician DATE: June 16th, 1992 RE: Review of Grading , Drainage, and Erosion Control for Interim Use Permit, Tom Zwiers , Moon Valley Aggregate . Staff from the Carver SWCD has reviewed the above referenced project. The following comment and recommendations to control erosion and water quality are offered for your considerations . 1. Question the idea of excavating thru the clay barrier to the sandy underline areas for the holding ponds. This would allow for excessive rates to seep to groundwater, which before excavation was not the case. Does the city have a provision for slowing down the rate of surface water to ground water? It would be highly recommended to slow the rate of seepage to groundwater. Also the elevation to show excavation depths on the plan map are incorrect. 2. Fertilizer should be required at the recommended rate for the grass mix. 3 . Mulch should be added at the rate of 3,000 to 4 , 000 pounds/acre - or 80 to 90`/o ground cover. I also recommend that clean straw be used, because cheap grassy hay will just cut in two with a mulching disk. When it is mulched and disked properly, it should look like a field of oats stubble. If you have any questions, please give me a call at 442-5101 JUNI� 1 1992 CITYOF CHANHASSEN690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 — MEMORANDUM TO: Paul Krauss, Planning Director — FROM:: Dave Hempel, Sr. Engineering Technician/10- DATE: -DATE: June 23, 1992 SUBJ: Interim Use Permit for Earthwork Mining of Gravel Pit North of Moon Valley — Grading Permit No. 92-6 Upon review of the grading, drainage and erosion control plan prepared by Sathre-Bergquist dated June 5, 1992, I offer the following comments and recommendations: — 1. The parcel appears to be landlocked. It is assumed that a private driveway easement or similar form of access is be provided by the adjacent property owners. Removal — of the excavated material may cause concerns for noise abatement as well as dust control. The applicant should address these specific concerns as well as traffic circulation onto Pioneer Trail (County Road 14). — 2. The site is located outside the MUSA line and will be dependent upon well and septic systems until sanitary sewer and water service is available from Eden Prairie. — There is a concern for acceptable septic sites on the parcel. According to the City's Building Department, those areas disturbed by earthwork activities will be unacceptable for septic sites. — 3. Both storm water ponding areas are proposed to act as detention basins to allow water to seep back into the ground versus overland flow through the ravines which have been severely eroded over the past years. Although staff appears comfortable with this idea, routine maintenance of the ponds will be necessary to insure proper seepage as sediments build up on the bottom. The side slopes around the pond — appear to be acceptable. They range from 5:1 to 3.5:1 side slopes. 4. The plans propose no tree removal; however, staff recommends that construction — limits be staked in the field to protect the trees. Is t4, PRINTED ON RECYCLED PAPER - Paul Krauss — June 23, 1992 Page 2 5. Although it does not appear that hauling activities will affect the City of Chanhassen's streets, the applicant should supply a defined haul route and traffic control provisions. 6. Erosion control is proposed around the perimeter of the detention ponds. Staff recommends Type I erosion control fence with a detail provided on the grading plan. 7. It appears the site will be developed in phases over a period of time. The plans should incorporate a phasing approach along with the anticipated schedule of events. The applicant's engineer should determine estimated quantities to be excavated in order to compute a permit fee based on the UBC fee schedule. — 8. The northerly storm water detention pond is fairly close to the abandoned rail line. — The northerly pond slope should be constructed with clay liner to prevent seepage on the northerly slope which may weaken the structural capabilities of the berm between the pond and the abandoned railroad tracks. 9. The applicant shall apply for,receive and comply with the Watershed District permit. 10. If earthwork continues past the freeze-up period of November 15, more stringent erosion control measures may be required. It is recommended that all disturbed areas be seeded and mulched by September 15 each year and that excavation beyond — that date be to a minimum. ktm c: Charles Folch, City Engineer JUN 24 '92 02:25PM SPINE CENTER P.1 John & Ann Lonstein, 9861 Deerbrook Drive, Chanhassen, MN. 55317. — Paul Krauss, Planning Director, — Chanhassen. Dear Mr. Krauss, I am replying to your notice of the hearing to — consider the application of Tom Zwiers for an interim use permit for earth work/mining of a gravel pit, located north of Hwy . 212 and east of the Chicago and Northwestern Railway . — I am unable to attend the meeting as I will be out of the Country, and thus am writing to you with my input . I am currently completing building in Deerbrook, — which overlooks the proposed mining site. During the construction, we, together with your inspectors have been concerned with the bluff in the area, and have done — everything possible to maintain this natural topography . We are very concerned with soil erosion, and thus will plant on the land to prevent this. Your strict rules point to your — concern in this area. It is thus with surprise that I see that you are considering this application which will denude and deforest the land, and set the area up for a major — erosion problem. My second and obvious objection is to the work which will be adjacent to my property. This will increase the noise, and clear the land of all the growth. In addition to the erosion as discussed above, the cleared land will spoil my view, which today is of a valley of growth. In addition the changed view, and the erosion will lead to a loss in the value of my property . I am sorry that I will not be at the meeting to — bring up these points personally, so I ask you to read this this letter into the minutes and for discussion. You may reach me during the day at 332-3843, and evenings at 546- _ 1047 if you would like to discuss this with me. Thank you, JUN 24 '92 02:23PM SPINE CENTER F. 1 NOTICE OF PUBLIC HEARING PROPOSED INTERIM USE PERMIT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Wednesday, July 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 consider the application of Tom Zwiers for an interim use permit for earth work/mining of a gravel pit., located north of Hwy. 212 and east of the Chicago and Northwestern Railway. • A plan showing the proposed earthwork and 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. Paul Krauss,Planning Director Phone: 937-1900 (Publish in the Chanhassen Villager on June 18, 1992) ,r � it37c737 Carver Soil and Water Conservation District 219 East Frontage Road Waconia, MN. 55387 442-5101 — • TO: Paul Krauss , Planning Director FROM: Chip Hentges , District Technician DATE: June 16th, 1992 — RE: Review of Grading , Drainage, and Erosion Control for Interim Use Permit, Tom Zwiers , Moon Valley — Aggregate. Staff from the Carver SWCD has reviewed the above referenced project. The following comment and recommendations to control erosion and water quality are offered for your considerations . — 1 . Question the idea of excavating thru the clay barrier to the sandy underline areas for the holding ponds. — This would allow for excessive rates to seep to groundwater, which before excavation was not the case. Does the city have a provision for slowing down the rate of surface water to ground water? It would be highly recommended to slow the rate of seepage to groundwater. Also the elevation to show excavation depths on the — plan map are incorrect. 2. Fertilizer should be required at the recommended rate — for the grass mix. 3 . Mulch should be added at the rate of 3 , 000 to 4 , 000 pounds/acre - or 80 to 90% ground cover. I also — recommend that clean straw be used, because cheap grassy hay will just cut in two with a mulching disk. When it is mulched and disked properly, it should look — like a field of oats stubble. If you have any questions , please give me a call at 442-5101 RECEIVEC� JUN 1 9 1992 - CITY OF CHI NNAS SF_h CITY OF ClIANIIASSEN690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MIT fri CPI iarittIVTIPIr MEMORANDUM , �/ -?'' t TO: Planning Commission O eaet , FROM: Paul Krauss, Planning Director( ?C..- Sub' to Commi S>Ion DATE: May 27, 1992 SamRtet coun SUBJ: Moon Valley Proposal PROPOSAL/SUMMARY The applicant is requesting an earth work permit to continue a pre-existing sand and gravel mining operation located along the Minnesota River bluff line between Hwy. 169/212 and the former Chicago, Northwestern Railway right-of-way. This request has an extensive history. While the grading operation has been in existence for some time, the city has become involved only recently. In 1987, the city responded to a related mining operation located off- site along Pioneer Trail. The city believed that mining in this area was illegal since no permit had been obtained. The City Attorney sent a letter asking that work be stopped and the site has been inactive since then. In 1990, responding to several complaints about the primary Moon Valley operation, but more importantly to the fact that city ordinances pertaining to grading and mining were extremely inadequate and were presenting administrative problems for staff, a new grading and mining ordinance was developed and adopted for the city. The Moon Valley operator was represented in these hearings and has subsequently been extensively involved with city staff. The Moon Valley operator has litigated a series of aspects of the city ordinance which required the operator to obtain a permit. This matter was ultimately resolved by a judge's order, which indicated that the city has the right to require a permit and that the non- conformity applicable to the Moon Valley operation only applies to the original property and not other properties since acquired by the operator. The court order further stipulates that the applicant is entitled to continue mining on this site and the city may only impose such conditions as related to public health and safety. Extensive back up information on the history of this request and related litigation is attached to this report, as well as related materials such as Judge Kanning's order, information from the City Attorney, and other materials. Is t0, PRINTED ON RECYCLED PAPER Planning Commission Moon Valley Permit May 27, 1992 Page 2 Staff has found this to be an unusually difficult and complex request to review. The litigation brought by the operator contributes to a portion of this difficulty. However, it is made even more complex by several factors. If this request were brought to us today as a new application, there is little doubt in my mind that staff would recommend its denial and that the Planning Commission and City Council would likely agree. Mining on this site is extremely destructive to a rare natural resource that exists in the Minnesota River bluff line. The city has already gone on record indicating our concern with this resource in the adoption of our Bluff Line Preservation District. This site also has potential to impact the U. S. Fish and Wildlife's River Valley National Wildlife Refuge, which is located across the highway from the site. Additionally, a review of any such proposal would likely require an Environmental Assessment Worksheet and would follow guidelines established by city ordinances. However, having said that, we acknowledge that the applicant does have the authority to continue operating on this site. We further note that in spite of the belligerent attitudes that have often been expressed by the operator and his legal counsel, I have had numerous opportunities to visit with the Moon Valley operator and found him to generally be a responsible businessman. Mr. Zwiers, who is the operator/applicant for Moon Valley, has attempted to responsibly manage aspects of his operation. For example, he has installed a sedimentation basin on the site to respond to erosion control problems that exist in the area. We are not certain that the pond is effective or appropriately designed, but the fact that he has taken steps to install one without being forced to do so by the city or other agencies is, I believe, significant. Processing this request is made even more difficult by the poorly developed and minimal plans and information that have been submitted for the city's review. The initial submittal was so poor that it took a court order to sort out which plan was actually being presented for review. Last September, the city actually received two completely different plans for grading on this site, with no indication as to which one was actually being proposed. Additional information has been provided since then, however, it was only done to the most modest extent possible to meet the guidelines established by the judge's order. Therefore, in many instances we are obligated to recommend conditions outlining additional information that must be provided to adhere to the health and safety issue guidelines established by the judge. Our concerns generally fall to several areas. These include: 1. Drainage and erosion control measures designed to manage the site to result in the least possible impact downstream. 2. Access and traffic safety concerns due to the high traffic volumes on adjacent Hwy. 169/212. Planning Commission Moon Valley Permit May 27, 1992 Page 3 3. Mitigation of noise and dust impacts. 4. Maintenance of safe and manageable slopes and elimination of grading on off-site properties and potential for undermining grades on off-site properties. 5. Protection of ground water resources. 6. Establishment of procedures for periodic review. 7. Establishment of an acceptable end-use plan to ensure that the site will be left in a reasonable and environmentally safe condition. 8. Provision of sufficient financial guarantees to ensure compliance with conditions should the operator fail to do so or be in a position where he is unable to do so. As we indicated above, had we had a clean sheet of paper to start with, we would have approached this request in a completely different manner. However, we are now in this position and we believe must make the best of the cards we are dealt. Therefore, we are recommending that the earth work permit be approved subject to the conditions outlined in this report. Staff has developed conditions which we believe will address the concerns outlined above. We also note that we expect to have a related mining application for the north parcel at an upcoming meeting, as negotiations are currently in process with the operator. Some elements of the two sites should be coordinated when this review occurs. Planning and engineering staff have toured the site with the operator and find we are in general agreement over how the parcel should best be managed. The operator is retaining the services of a new consultant to develop the plan for this area and, at this time, we hope that the review of the expected proposal will occur without the rancor that has been associated with this current request. BACKGROUND Pre-1970 - The Moon Valley gravel pit existed as a small scale operation. The property also accommodated a rifle range and ski hill equipped with a tow. The rifle range continues to be utilized. Ownership of the mining operation changed hands. The scale of the operation was greatly expanded in the 1970s. • 1987 - The city became aware of the mining of clay on a new parcel located above the bluff line with access to Pioneer Trail. The city took action to halt this activity Planning Commission Moon Valley Permit May 27, 1992 Page 4 since it was undertaken without a permit. No further activity has occurred in this area. The site of the excavation has not been restored. • Late 1989-early 1990 - The city received several complaints regarding grading activities at the Moon Valley site from area residents. A review of city ordinances revealed that the city had little or no review authority over Moon Valley. A further review indicated that the ordinance inadequately dealt with not only mining but all aspects of grading activity. At the City Council's request, staff and the City Attorney developed a comprehensive ordinance dealing with all related activities. The ordinance established that uses such as Moon Valley that predated the ordinance, had six months to obtain a permit. The Moon Valley operation and legal counsel were involved with discussions pertaining to the drafting of the ordinance and while they may or may not have agreed with the text, they were fully familiar with its provisions. • 5/14/90 - The new ordinance was adopted as Article III, Excavating, Mining, Filling, and Grading in Chapter 7 of the City Code. • 1990-1991 - Moon Valley operator was notified on several occasions by registered mail of the need to obtain a permit. Rather than comply, the Moon Valley operator sought a Declaration Judgement Action on October 1, 1990, maintaining that Ordinance No. 128 was an illegal exercise of Chanhassen's police power. The city filed a counter claim that due to Moon Valley's failure to obtain a permit, it should be shut down. • 4/25/91 - Judge Kanning found that the city had the right to require that a permit be obtained and gave the applicant 30 days to submit an application. The city's request to close the operation was essentially continued to give the operator time to respond. • Sprina/Summer/Fall, 1991 - The city granted the operator several delays to prepare the application. A number of meetings were held during which staff was led to believe that a good faith effort was being made. • 10/1/91 - Staff reviewed the permit application and found it to be significantly lacking in content and substance. The Planning Director rejected the application. One fundamental flaw was that two completely different plans were submitted. One plan indicated a "dig to China" scenario which totally eliminated the bluff line and expanded the operation onto adjoining parcels and into Eden Prairie. Staff confirmed that the City of Eden Prairie was never approached by the Moon Valley operator. The other plan was marginally better. It was unclear as to which plan was being proposed, Planning Commission Moon Valley Permit May 27, 1992 Page 5 although it was implied that the city could "earn" the better plan by being "reasonable" with Moon Valley. • 10/14/91 - The city adopted a Minnesota River Bluff Line Preservation ordinance. The purpose of the ordinance was to recognize the environmental sensitivity and importance of the Minnesota River bluff line. The protection area is defined by an official map and the ordinance prohibits most activities from the area. • November, 1991 - The case went back to Judge Kanning. His findings were released April 2, 1992. Essentially, he found that: - The operator/applicant had non-conforming rights on the south parcel (original mine). The city never contested this point. " - The judge found that the non-conformity did not include the north parcel along Pioneer Trail. - The operator/applicant was allowed to continue mining the main pit but was given 30 days to submit the application. The judge felt that Plan "B", the better of the two plans, was the basis of the permit submittal. - The city may impose conditions on the permit but only to the extent that health and safety are to be protected. • May, 1991 - The operator/applicant submitted additional information. Only minor changes were made to comply with the most limited interpretation of Judge Kanning's order. In addition, information on ground water elevations, which trial evidence indicated had been withheld by the applicant, was submitted. Staff and the City Attorney met with the applicant. They indicated a continuing desire to mine the north parcel along Pioneer Trail. Staff indicated that a separate application would be required for the north parcel and that all submittal requirements outlined by city ordinances must be met. We further indicated that based upon the court order which differentiates between the status of the northern and southern parcels, we wanted to process the requests separately. This was later confirmed in a letter from the Planning Director. Planning Commission Moon Valley Permit May 27, 1992 Page 6 • May 20, 1992 - Rather than respond as outlined by staff, the Moon Valley operator asked Judge Kanning to meet to clarify the court order. It was their continued contention that the judge approved grading on the north parcel. Judge Kanning agreed with the city that this was not the case. Grading activity on the north parcel must comply with all city ordinances and permit requirements. SITE CHARACTERISTICS The site is deviated into two distinct areas that have been commonly described as the southern and northern parcels. The southern 39 acre parcel is the site of the original mining activity and continues to be the primary focus of this activity. It also contains the Moon Valley Rifle Range which is located in the southeast corner of the site along with several out-buildings associated with the mining that are found in the same general area. The entire southern parcel is part of the Minnesota bluff line system. Elevations range from 915' at the top of the bluff to 718' near Hwy. 169/212. The terrain is very rugged as is common along the bluff line and there area a series of ridges and draws. Mining activity is significant and much of the site has been extensively altered. The area was heavily forested, however, the remaining large stands of trees are found only along the upper reaches of the bluff, where mining has yet to occur. The northern parcel, which is not the subject of the current request, covers 45 acres. It contains a large area, reasonably flat, that was formerly farmed. The heavily wooded bluff line starts on the southern 1/3 of this parcel. There are several ravines leading down from the former farm field that are experiencing significant erosion. Surrounding uses include: •North: Pioneer Trail and large lot residential development in Chanhassen and Eden Prairie. •South: Hwy. 169/212. The Minnesota Valley National Wildlife Refuge is located south of the highway. •East: Eden Prairie, vacant bluff line and low density residential. •West: Vacant bluff line and low density residential along the bluff line. There is a second residential pocket located adjacent to the west line of Moon Valley with four homes Planning Commission Moon Valley Permit May 27, 1992 Page 7 on a private drive with access to Hwy. 169/212. It is separated from the mining operation by a creek and a 100' high ridge line. GENERAL COMMENTS It has been our normal practice to review mining requests in accordance with the standards outlined by the ordinance. In this case, due to the non-conforming status and court order, we are restricting the review of items related solely to health and safety issues. We believe these issues include the following: 1. Drainage and erosion control measures designed to: - prevent erosion and unstable slopes - prevent pollution and sedimentation in the Minnesota River Valley and Wildlife Refuge - - prevent tracking debris out onto area roads creating unsafe conditions 2. Access and traffic safety concerns. 3. Mitigation of noise and dust impacts. 4. Maintenance of safe and manageable slopes and/or use of protective signing and fencing where appropriate. In a related concern, Exhibit B1 indicates mining activity occurring off-site on the adjacent parcel to the north. The plan should be revised to eliminate this inconsistency. If grading is proposed off-site, separate applications are required. As we indicated earlier, a follow up application is expected. 5. Establishment of procedures for periodic review, interim site stabilization and erosion control practices. Since the mining activity varies from year to year, and is contingent upon market demand, periodic review and management plan updating is mandatory. 6. Provision of sufficient financial guarantees and permit fees to ensure that the site is properly maintained and inspected, and can be restored if the applicant fails to acceptably comply with approved conditions. 7. Protection of ground water resources. 8. Establishment of an acceptable end-use plan that will ensure the site is left in a reasonable, environmentally safe condition. DRAINAGE AND EROSION CONTROL Planning Commission Moon Valley Permit May 27, 1992 Page 8 Submitted plans provide little information on how issues pertaining to drainage and erosion control will be managed. The City Engineer's report concludes that the soils found on this property represent a severe erosion hazard. The only information on erosion control provided by the applicant is located on Page 15 of the original mining application from September, 1991. The booklet states that a certain amount of sand erosion is inevitable and attempts will be made to retain as much of this sediment on-site as possible. We note that it is difficult, if not impossible, to use traditional techniques of erosion control on an operation such as this. Slopes are steep and often unstable, and ground cover has not been established on any of the mined areas. Thus, it is imperative that all drainage from the mined area be directed into a sedimentation basin or basins which are properly designed and maintained so that water can be treated before being sent off-site. We note that the applicant has made some attempts to respond to this concern and there is a centrally located sedimentation basin on the site. Due to the mining and remaining natural grades, most water drains to a central location. Staff is unclear as to what design specifications this pond was built to, if it is regularly maintained, or if it is effective. We note that there is evidence of significant erosion impacting the Rice Lake area located in the National Wildlife Refuge. A culvert leading from Moon Valley under the highway towards the lake has apparently been plugged on occasion with sediment from this area and a visual inspection indicates that there is a sediment delta and erosion extending from that pipe down into the lake. There is a lot of excellent information available on managing sedimentation. The Minnesota Pollution Control Agency manual entitled, "Protecting Water Quality in Urban Areas" and the Board of Water and Soil Resources manual entitled, "Minnesota Construction Site, Erosion, and Sediment Control Handbook" are excellent sources that the city has been using with good results on other sites over the past year. In addition, we note that the City of Chanhassen is obligated by the Metropolitan Council to utilize "Best Management Practices" for surface water runoff under our recently approved Comprehensive Plan. Therefore, we are recommending that the applicant submit plans designed to specifications outlined in these manuals within 30 days of approval to city staff for approval as a condition of granting this permit. The plans should be prepared by a registered engineer. On-site retention should be sufficient to retain a 100 year storm event and designed to maximize sedimentation efficiencies. Secondly, there must be a management plan accompanying this data since it may be necessary to incorporate the use of various techniques to ensure that storm water is directed into this pond, it will be necessary to periodically dredge the sediment and material from the bottom of the pond and properly dispose of it to ensure its continued operating efficiency. We also recognize that from time to time the applicant may wish to relocate the sedimentation basin to facilitate his on-site operations. Staff is willing to work with him in this regard so long as we have a revised drainage and erosion control plan that is kept current and complied with in the field. In all likelihood, the pond will require a structured outlet to ensure that sediment material remains in the pond and is not flushed through with storm • Planning Commission Moon Valley Permit May 27, 1992 Page 9 water. In addition, we note that overland outletting of the pond without a structured outlet seems to result in additional erosion downstream which should be resolved. A second erosion control problem concerns trucks hauling from the site tracking out large amounts of debris onto the adjacent highway. When this situation occurs, it contributes to degrading traffic safety on the roadway, and in addition, is an erosion problem since all of this material eventually washes into Rice Lake. Staff has been contacted by MNDOT who have expressed concern over these conditions. Staff is therefore recommending that the driveway entrance be paved with a bituminous surface or be designed to incorporate a gravel construction access. Either measure is designed to ensure that material is removed from the trucks tires before it exits out onto the adjacent highway. In addition, the applicant should be required to remove any material that does make it out onto the highway by contacting MNDOT and arranging to undertake cleaning or by reimbursing MNDOT for costs associated with cleaning. The proposed grading activity will expose extremely steep slopes to extensive erosion. The erosion will not only be caused by steep slopes, but also due to the fact that all vegetative cover has been removed. The information submitted by the applicant provides virtually no information on how this site would be revegetated. On Page 17, it indicates that top soil will be stripped and stockpiled and re-spread with a MNDOT seed mixture. We believe that this plan needs to be expanded upon with specific information provided as to site stabilization prior to the completion of mining activity, as well as site landscaping at ultimate completion. Due to our interpretation of Judge Kanning's order, we are not likely to be in a position to require wholesale reforestation to achieve bluff line preservation. However, it is unreasonable to think that the city should accept 100 foot high, 2.5 to 1 slopes, with the only improvement being the spreading of a little top soil and grass seed. This simply will not hold. Staff is recommending that an erosion control plan, prepared by a registered engineer, be submitted to the City Engineer for approval. This plan should include stepping of grades where necessary to retard overland storm water flows, utilization of fiber mats, mulches, or other techniques, to facilitate the growth of ground cover, as well as utilization of trees which perform a valuable function in establishing root systems to retain slopes on steep grades. ACCESS/TRAFFIC SAFETY CONCERNS Highway 169/212 provides the sole access into the site. Traffic volumes are high and the design standard of the roadway is relatively poor. Ultimately, some of this traffic will be displaced to new Hwy. 212 around the end of the decade, but until that time occurs, local traffic conditions will continue to be poor. We have discussed this matter with MNDOT and are recommending that a deceleration/acceleration lane be provided on westbound Hwy. 169/212 to allow trucks Planning Commission Moon Valley Permit May 27, 1992 Page 10 entering and leaving the site to do so without causing undue disruptions to traffic flow. MNDOT has proposed that this be accomplished by shifting the access point to the northeast and constructing a new deceleration lane. Shifting the access improves upon an existing westbound acceleration lane. They have also requested that brush located around the access be cut back to improve sight distance. An appropriate design should be prepared by a registered engineer and submitted to MNDOT for approval. Staff would also prefer to be in a position of requiring the construction of a eastbound by-pass lane on the highway to service a single purpose as outlined above. However, construction of a by-pass lane would appear to impact lands located within the National Wildlife Refuge, therefore, this is not being recommended by staff at this time. NOISE AND DUST IMPACTS At the present time, staff is not aware of any ongoing issues pertaining to noise and dust impacts. This operation is one that obviously generates large amounts of noise and dust; however, this site is generally shielded from most off-site impacts by surrounding terrain. If noise complaints materialize, this city should reserve the right to bring this matter up during the annual review and renewal of the mining permit. Should this situation occur, we would expect the applicant to respond in a positive manner to help resolve apparent problems. Likewise, staff is not aware of serious problems with off-site problems due to lack of dust control. However, if during the course of operation blowing dust does become a problem off- site, a condition is being proposed that would allow the city to require the applicant to undertake measures such as watering to minimize impacts. MALNTENANCE OF SAFE AND MANAGEABLE SLOPES The applicant has essentially given the city an end-state grading plan but there are no interim plans being proposed. In submitted materials, the applicant indicates that he reserves the right to remove saleable material anytime and anywhere it is located on the property. They believe that they are simply obligated to return the site to acceptable grades once the activity is completed. While we understand the operator's desire to maximize utilization of the site, this does raise concerns that he should be obligated to respond to. We note that the applicant's ability to mine under this permit is limited to the site in question. There should be no instances where grading activity on this site undermines existing grades located on adjacent properties. Therefore, we are recommending a condition that in no case should excavated slopes exceed 1.5 to 1 side slopes when grading occurs within 100 feet of a property line. Steep slopes on the site represent a potential safety hazard for unsuspecting people entering the area. The applicant has shown staff his attempts to post notice of hazards where steep slopes exist on the current operations. Staff is recommending that when excavation exceeds Planning Commission Moon Valley Permit May 27, 1992 Page 11 2.5 to 1 slopes, a temporary snow fence should be installed at the top of the slope equipped with appropriate signage to promote safety. The plan request entitled, "Exhibit Bl", which has been submitted for this application, indicates substantial grading in the northeast corner of the site which is actually located on the adjoining parcel to the north. It is the city's contention, consistent with Judge Kanning's ruling, that any grading activity on the north parcel will be treated as a separate request. We have informed the applicant on several occasions that this is in fact the case. Staff has held discussions with the Moon Valley operator related to potential modest mining activity on the adjacent parcel to the north. While we acknowledge that the grading activity that has been = described verbally to staff, in conjunction with remedying existing erosion problems in this area seems to be reasonable, we are requiring that a separate permit application be filed for this area and be processed according to all of the standards and guidelines provided by the city ordinances. Judge Kanning was quite explicit to the effect that the non-conformity which exists for the Moon Valley operation does not apply to the northern parcel. Thus, a revised "Bl" plan submittal showing maintenance of surrounding grades with mining activity occurring solely on the existing Moon Valley parcel should be provided as a condition of permit approval. PROTECTION OF GROUND WATER RESOURCES One of staff's primary concerns with mining activity on this site is that unconstrained mining could actually daylight ground water supplies in the area. This could have potentially disastrous results for polluting ground water resources. For example, it is concern over ground water resources that has resulted in communities actively participating in programs to cap off old drinking wells since these can provide a direct route for pollutants into the water table. In fact, there is a related issue on this site since there are operating wells located on the site. Steps should be taken to protect these wells and permanently cap them off when they are no longer in use. The applicant had some information on ground water supplies that was initially held from city staff. The judge ordered that this material be provided and staff has had an opportunity to review it. We believe that the proposed mining is acceptable relative to ground water resources so long as mining never daylights the water table. ESTABLISHMENT OF PROCEDURES FOR PERIODIC REVIEW, INTERIM SITE STABILIZATION AND EROSION CONTROL PRACTICES The Moon Valley operator has indicated that they reserve the right to mine all resources found on the property and would only guarantee that the end-use plan, as approved by the city, will be the result when mining activity is completed. This presents a number of Planning Commission Moon Valley Permit May 27, 1992 Page 12 significant problems for the city if it is to ensure that conditions appropriate to protecting - health and safety are maintained. Therefore, we are proposing the following: 1. The site will be subject to annual review by the City Engineer, and inspections to ensure compliance with conditions appropriate to ensuring health and safety. When problems arise, the matter shall be referred to the City Council for action. Fees are to be based upon the schedule provided in the Uniform Building Code. The initial $400 paid on this permit request shall be deducted from the first year's fees. 2. As indicated earlier, the operator should be required to maintain erosion control facilities on-site. When it is necessary to relocate these facilities due to mining operations, the applicant shall present the city with an engineered plan demonstrating how sedimentation and erosion control practices are going to be dealt with and then comply with plans approved by the City Engineer. 3. Provide the city with a revised end-use plan consistent with all conditions of approval. 4. The applicant should be required to maintain a letter of credit or cash escrow in the amount of $51 ,000 to guarantee maintenance of erosion control and site restoration, should he fail to adhere to approve conditions for this permit. This is a major concern of staff's. The applicant's primary interest in the site at this time is to mine sand and gravel and it may or may not be in his best interests to comply with approved conditions of permit approval and/or with the end-use plan. Staff could not reasonably ask the City Council to place their assurances in the operator's stated intentions for the site and it is normal city practice to require this sort of financial guarantee. Financial guarantees shall only be released after an as built grading plan is submitted to ensure that the approved end-use plan has been satisfactorily completed. One of the primary goals of the city's management program for grading and mining is to ensure that the site is left in a condition that is consistent with project use under the Comprehensive Plan and Zoning Ordinance. In this instance, the Comprehensive Plan does not provide a significant amount of guidance since this area is well beyond the MUSA boundary. The use being proposed by the applicant is large lot residential which is probably the most reasonable guess at this time. Over the years, as the area further develops, the city may find it reasonable to look at other proposals for this site. Exhibit B1 is the proposed end-use plan for the Moon Valley site. The plan shows a total of 12 large lot residential sites. We should note that this density exceeds adopted Metropolitan Council guidelines, which dictate a maximum density of 1 unit per 10 acres, however, we Planning Commission Moon Valley Permit May 27, 1992 Page 13 also acknowledge that it is difficult to anticipate what may occur far into the future when this area actually does develop. This proposed subdivision would be located in a huge bowl. It would be surrounded on virtually all sides by steep 2 to 1 slopes which are impossible to mow or otherwise manage. These slopes would tower 100 feet above the home sites and would be completely devoid of any significant vegetation. In staffs opinion, this subdivision, should it ever occur, would be a dreadful place in which to live. However, under the limitations imposed on us by the non-conforming status of the Moon Valley operation, constraining mining activity based upon future use is probably beyond what the city is in a position to uphold. At the same time, we acknowledge that while this end-use plan does not represent an acceptable residential environment, it is a significant improvement over the lunar landscape that has been left by mining operators for example, in the city of Maple Grove. Staff finds that we are in the uncomfortable position of not particularly caring for the end-use plan, but having relatively little that we feel we can do about it. We believe that the best we can manage at this point is to ensure that adequate financial guarantees are provided to ensure that the site is left in an acceptable manner in accordance with Exhibit Bl. The retention pond located on the property should be reviewed, sized, and designed by a registered engineer with plans submitted to the City Engineer for approval. The applicant will be required to indicate how he is progressing towards achieving the end-use plan. Mining activity that significantly comprises the end-use plan, in the opinion of the City Engineer, would not be permitted. RECOMMENDATION Staff recommends that the earth work permit for the Moon Valley operation be approved subject to the following conditions: 1. Within 30 days of approval, the applicant shall submit drainage and erosion control plans to the City Engineer for review and approval. Plans should be developed by a professional engineer in accordance with MICA and BWSR manuals. Plans shall include: • Erosion control practices • Designs of temporary and final basins, inlet/outlet structures, etc. Final pond design shall comply with NURP guidelines to maintain water quality. They shall be designed to maintain quality. They shall be designed to accommodate a 100 year storm event. Planning Commission Moon Valley Permit May 27, 1992 Page 14 • The plan shall describe management practices required to effectively operate drainage and erosion control practices. It shall be the operator's responsibility to maintain these measures in an effective and operative condition. • Provide a phased plan for site restoration/establishment of ground cover and vegetation. All disturbed areas to be restored with topsoil, seed mulch and/or wood fiber blanket and trees as required to prevent erosion. It shall be the applicant's responsibility to keep drainage and erosion control plans current. When mining operations require relocation of the pond(s) and/or alterations to erosion control measures, these shall not be undertaken without prior written approval by the City Engineer. 2. Within 30 days of approval, provide an engineered construction access designed to minimize tracking mud and debris out onto Hwy. 169/212. Work with MNDOT to relocate the access point to the northeast to improve the westbound acceleration lane on the highway and provide a deceleration lane for truck movements. During the course of mining operations any material or debris tracked onto the highway shall be promptly removed by the operator to eliminate a potential traffic hazard. Brush located around the access point shall be cut back to improve sight distance. 3. If noise or dust impacts materialize, the operator shall work with the city to positively respond to these issues. 4. Modify the grading plan to eliminate off-site mining/grading that is presently illustrated on Plan Bl. To avoid under-cutting of off-site slopes, in no case should excavated slopes exceed a 1.5 to 1 grade within 100 feet of a properly line at any time. When excavations exceed 2.5 to 1 slopes, temporary snow fencing and signage is required at the top of the grade to make individuals aware of hazardous conditions in the area. 5. No mining will be allowed to take place which daylights groundwater resources. The operator will protect existing on-site wells and will permanently cap them off when they are no longer in use. 6. The site will be subject to annual review by the City Engineer, and inspections to ensure compliance with conditions appropriate to ensuring health and safety. When problems arise, the matter shall be referred to the City Council for action. Fees are to Planning Commission Moon Valley Permit May 27, 1992 Page 15 be based upon the schedule provided in the Uniform Building Code. The initial $400 paid on this permit request shall be deducted from the first year's fees. 7. Provide the city with a revised end-use plan consistent with all conditions of approval. 8. The applicant should be required to maintain a letter of credit or cash escrow in the amount of $51 ,000 to guarantee maintenance of erosion control and site restoration, should he fail to adhere to approve conditions for this permit. This is a major concern of staff's. The applicant's primary interest in the site at this time is to mine sand and gravel and it may or may not be in his best interests to comply with approved conditions of permit approval and/or with the end-use plan. Staff could not reasonably ask the City Council to place their assurances in the operator's stated intentions for the site and it is normal city practice to require this sort of financial guarantee. Financial guarantees shall only be released after an as built grading plan is submitted to ensure that the approved end-use plan has been satisfactorily completed. PLANNING COMMISSION ACTION At the June 3, 1992, Planning Commission meeting, the Moon Valley proposal was reviewed. After staff gave their comments, the applicant's attorney spoke. He continued to question the city's ability to regulate Moon Valley as outlined by staff and objected to most, if not all, of the conditions. The Planning Commission discussed the matter briefly. Given the background of the use and the applicant's position as related by his attorney, the commission saw no need to explore the matter further. They unanimously recommended approval of the earth work permit subject to conditions in the staff report. CITY COUNCIL RECOMMENDATION Staff recommends that the earth work permit for the Moon Valley operation be approved subject to the following conditions: 1. Within 30 days of approval, the applicant shall submit drainage and erosion control plans to the City Engineer for review and approval. Plans should be developed by a professional engineer in accordance with MICA and BWSR manuals. Plans shall include: • Erosion control practices Planning Commission Moon Valley Permit May 27, 1992 Page 16 • Designs of temporary and final basins, inlet/outlet structures, etc. Final pond design shall comply with NURP guidelines to maintain water quality. They shall be designed to maintain quality. They shall be designed to accommodate a 100 year storm event. • The plan shall describe management practices required to effectively operate drainage and erosion control practices. It shall be the operator's responsibility to maintain these measures in an effective and operative condition. • Provide a phased plan for site restoration/establishment of ground cover and vegetation. All disturbed areas to be restored with topsoil, seed mulch and/or wood fiber blanket and trees as required to prevent erosion. It shall be the applicant's responsibility to keep drainage and erosion control plans current. When mining operations require relocation of the pond(s) and/or alterations to erosion control measures, these shall not be undertaken without prior written approval by the City Engineer. 2. Within 30 days of approval, provide an engineered construction access designed to minimize tracking mud and debris out onto Hwy. 169/212. Work with MNDOT to relocate the access point to the northeast to improve the westbound acceleration lane on the highway and provide a deceleration lane for truck movements. During the course of mining operations any material or debris tracked onto the highway shall be promptly removed by the operator to eliminate a potential traffic hazard. Brush located around the access point shall be cut back to improve sight distance. 3. If noise or dust impacts materialize, the operator shall work with the city to positively respond to these issues. 4. Modify the grading plan to eliminate off-site mining/grading that is presently illustrated on Plan B 1. To avoid under-cutting of off-site slopes, in no case should excavated slopes exceed a 1.5 to 1 grade within 100 feet of a properly line at any time. When excavations exceed 2.5 to 1 slopes, temporary snow fencing and signage is required at the top of the grade to make individuals aware of hazardous conditions in the area. Planning Commission Moon Valley Permit May 27, 1992 Page 17 5. No mining will be allowed to take place which daylights groundwater resources. The operator will protect existing on-site wells and will permanently cap them off when they are no longer in use. 6. The site will be subject to annual review by the City Engineer, and inspections to ensure compliance with conditions appropriate to ensuring health and safety. When problems arise, the matter shall be referred to the City Council for action. Fees are to be based upon the schedule provided in the Uniform Building Code. The initial $400 paid on this permit request shall be deducted from the first year's fees. 7. Provide the city with a revised end-use plan consistent with all conditions of approval. 8. The applicant should be required to maintain a letter of credit or cash escrow in the amount of $51 ,000 to guarantee maintenance of erosion control and site restoration, should he fail.to adhere to approve conditions for this permit. This is a major concern of staff's. The applicant's primary interest in the site at this time is to mine sand and gravel and it may or may not be in his best interests to comply with approved conditions of permit approval and/or with the end-use plan. Staff could not reasonably ask the City Council to place their assurances in the operator's stated intentions for the site and it is normal city practice to require this sort of financial guarantee. Financial guarantees shall only be released after an as built grading plan is submitted to ensure that the approved end-use plan has been satisfactorily completed. ATTACHMENTS 1. Letter from Roger Knutson dated May 7, 1992. 2. Memo from Dave Hempel dated May 26, 1992. 3. Application submitted by applicant. 4. General location. 5. Original Plan A (transparency). 6. Original Plan B (transparency) 7. Letter from Paul Krauss dated May 5, 1992. 8. Letter from Paul Krauss dated October 1, 1991. 9. Findings of Fact. 10. Letter from Chris Enger, City of Eden Prairie, dated May 18, 1992. 11. Excerpt from City Code. 12. Grading fees. 13. Mailing list of surrounding property owners. 14. Planning Commission minutes dated June 3, 1992. JUN-17-92 WED 16:23 SEG & D LAW FIRM - MPLS, FAX NO, 612+339+6591 P. 02 LAW OFFICES SIEGEL, BRILL, GREUPNER S. DUFFY, P.A. FORMERLY GROSSMAN, KARLINS. S.RGEL 6 BR!_L RICHARD SIEGELANTHONY J. GLEEREL :300 WASHINGTON SQUARE SHERRI L. ROHLF JOSIAH E. BGILL,JR. JAMES R. GRLURNER 100 WASHINGTON AVENUE SOUTH JOEL H. JENSEN GERALD S. OUti:Y DAN E.WEISBERG WOOD R FOSTER,JR. MINNEAPOLIS, MINNESOTA 55401 ROSEMARY TUGHY ANNE H. GOODMAN R. WE:NHARDT. CRAIG WI�DFANG TELEPHONE (62) 33a-7'.3I JORDAN M. LEWIS K. J0I4N S. WATSON TELECOPIER (62) 33D•689I M'M. CHR.STOPHER PENWELL RETIRE SUSAN M. VOIGT M. L. GROSSMAN SHELOON O. KARLINS June 17, 1992 -ALSO ADMITTED .N GALIvQRN A _ 17 , 236-D-001 VIA TELEFAX Chanhassen City Council 690 Coulter Drive P. 0. Box 147 Chanhassen, MN 55317 Re: Moon Valley Aggregates Application for Earth Work Permit for Existing Sand and Gravel Mining Operation (South Parcel) I am the attorney for Moon Valley Aggregates , Inc. , whose above application was heard by the Planning Commission on June 3 , 1992 . At that time, the Planning Commission adopted certain Findings of Fact and Recommendation, which we understand will be on the City Council 's agenda at its meeting this coming Monday night, June 22nd. Unfortunately, neither Tom Zweirs nor myself are avail- able Monday night to appear before you, because of other commitments . Mr. Zweirs left this morning for a long- planned Canadian fishing trip and will not be back for six or seven days and I will be attending a previously-scheduled meeting in Oak Park Heights with its City Council and MnDOT that night. This letter will outline our position on the Earth Work Permit; however, we would very much like the opportunity to appear in person before you to explain the reasons for our position and to be able to answer any questions you may have. Our response to the Planning Commission Recommendations are as follows: JUN-17-92 WED 16:23 SBG & D LAW FIRM - MPLS. FAX Na 612+339+6591 P. 03 June 17 , 1992 Page 2 1. With respect to erosion control , Moon Valley already has in place a sealed retention pond which captures most of the natural drainage on the property and allows for sediment to settle out. This pond has been deepened and berms have been built by the operator to direct drainage into it . The pond overflowed during a 10-inch rain, a highly unusual event, however, under normal conditions, it will accommodate drainage from the site. We feel that the Planning Commission recommendation is not only unnecessary but would be extremely costly for the operator and if the pond were designed as the recommendation requires, it would limit mining operations in a manner specifically prohibited by Judge Kanning's Order of April 2 , 1992 . 2 . See No. 1 above. 3 . We do not believe Moon Valley operates a "waste water disposal system" requiring NPDES permit. We have asked the MPCA to provide an application form and are currently reviewing this with Rick Sather , a planning consultant and professional engineer. 4 . The best solution to the mud on the wheels of the trucks is 50 ft . to 100 ft. of 1-1/2" crushed rock which will be installed. Blacktopping the entrance does not work. = 5. This is agreeable. 6. This is agreeable. 7 . Mr. Zweirs is acutely interested in improving the safety of his access to and from the highway. In addition, waiting time while his trucks are looking for an opportunity to exit his property is very costly to his business. Mr. Zweirs has worked with MnDOT in the past and has been told that they will not install turn lanes or acceleration/- _ deceleration lanes. Moving the driveway to the east would make it even more dangerous because it would then be more obscured by the bluff. Mr. Zweirs is very willing to meet with MnDOT and City representatives to try to improve this situation. Since 90% to 95% of the truck traffic leaving the property turns left and goes in an easterly direction, an acceleration lane for westbound traffic is of no great help. 8 . Temporary snow fencing and signage at the top of the grade is agreeable. Prohibiting mining within 100 ft . of the north line of the south parcel is a limitation of the JUN-17-92 WED 16:24 SBG & D LAW FIRM - MPLS. FAX NO. 612+339+6591 P. 04 June 17 , 1992 Page 3 mining operation specifically prohibited by Judge Kanning's Order of April 2 , 1992 , and is therefore not acceptable to Mr. Zweirs. 9 . This is agreeable. 10. The Earth Work Permit should be consistent with Judge Kanning ' s Order and should contain all of the conditions for regulating the operation. ii. Payment of substantial additional fees in addition to the $400 already paid is considered to be an improper restriction on the Moon Valley mining operation. If the City insists on imposing this additional fee , we would submit the matter to Judge Kenning and he has agreed to hear the parties on this issue. 12 . If the City does not permit the construction of the holding pond , which straddles the north and south parcels , at the tine it approves a permit for the north parcel , Moon valley will revise its End Use Plan accordingly. 13 . This is agreeable. 14 . Moon Valley believes that this requirement exceeds the City's authority to regulate the Moon Valley operations, as defined in Judge Kanning's Order of April 2 , 1992 . I will be out of town Thursday and Friday of this week and back in my office on Monday. If possible , I would appreciate hearing from you during the day on Monday concerning our continuance request. Sincerely yours, � C .i J. E Brill , Jr. JEB: cm cc: Paul Krauss Tom Scott Tom Zweirs Rick Sather JUN-17-92 WED 16:22 SBG & D LAW FIRM - MPLS, FAX NO. 612+339+6591 P. 01 6AW a«ICES SIEGEL, BRILL_. GREUPNER & GUFF-Y, P.A. FOR•.cwLT GRC33rwN, lURLA143.SIgGC. I sR1L6. ANTNONT J. GLE 'CL ■IGNA ).AFRO StLGCL LICE, WAS►IINGTON 5CJAPI •JCSIAm C. SPILL, JR. y.CRwl L ROr.Lre JAMCS R, dRtu R'/CR IOC) WASHIN070N AVCNUC sowtm JO N.JCN3C1. BRIAN c.WCIS•c'c GLRAlO !. OL rte"' woo res'cR, JR- MINNEAPOLIS, MINNESOTA 55401 ROSC••wRv Tuo•Y ANN( IL WE1NMww0T. R,CRAIG WVe OCOOtrAN R,CRA1t, .v OrAG TLL[rHN OC 76121 1]9.71,1 fQwpwN o.. Ltwli JO• N S, wwTSCN TCLCCON.CR 1627 319-0591 wtM. GNRISTOINCR RCNWELL. R[Trn CO S:JSAN k. Va1G.. M. l.. Gw011..AN SI.CLOON O. %ARL11.S TELECOPIER COVER SHEET •ALSQ•Ow1TTCp 1N GALt•CwN A DATE: rye. /2 /9-5' . FAX NO._ �.�7 --573 2 TO: FROM: �� .t� s • _ RE: ) ,. )C %�� . , ip.- . 71- I•LLE. /7-�3 L .�_ cn o) ✓ ATL SENT FOR YOUR: Information Review ✓ • Response ORIGINAL TO FOLLOW BY MAIL: Yes Na Please find `7 copies, including this cover page. If you did not receive all = copies, please contact the operator at(612) 339-7131. Operator: 0/. .(_44,4l ,e. The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible _ to deliver it to the intended recipient, you are hereby notified that any dissemsnatian, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone, and return the original message to us at the above address via the U.S.postal service. /7: NOTICE OF PUBLIC HEARING PROPOSED INTERIM USE PERMIT CITY OF CHANHASSEN — NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Wednesday, July 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 consider the application of Tom Zwiers for an interim use permit for earth work/mining of a gravel pit, located north of Hwy. 212 and east of the Chicago and Northwestern Railway. — A plan showing the proposed earthwork and 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. — Paul Krauss,Planning Director Phone: 937-1900 — (Publish in the Chanhassen Villager on June 18, 1992) • I. COMMUNITY • ir ,' \' • , P+n 9300 PARK 4 • SF RILEY r ... 1 sq �i ._ - -,- - s , _ ___ z — -- 9400 J. • i I.ar 0 i i - -. 500 1— ., :4__Thj... ; 1 i ! N. • 7 9600 _ ,. , ------ - 47/,'--, 1 sr, 4: / J b • 1 •1 T ; - — - - - 9700 __i, _ _ -,, ,_ ,-. ..,_ 1.— _ :. . . . . . - • I t ; C R 114 f �R - - 91300 L II , i. r .ik.,t 6 ,,1,) /,) :>:-.;----- I 4 ,- . . . _ _ __ _ :...c,.....: L 40. Ljo,Tibiu ,t' 7� A . • pr P120PL ♦ i '' 0 I I I -•_._. -- — -- 2 CREEKWOQD -- -- - r- 44 . 4 ��- t, l ,... i -- 2,-.m" cf�s / --"......-- 'VA S \g9 �1J� /''' itG ` o a --- -- tif %, ‘ •'. :0 :4OC' t r- �pV • - _ - e _ 4 'IR I C E �r A KE ,,s, l. d H - r s F S LEVERNE M VASSAR ROBERT & E TISCHLEDER VERNON H TEICH C/O STATEWIDE AUTO 185 PIONEER TRAIL 220 FLYING CLOUD SALVAGE INC - CHANHASSEN MN 55317 CHASKA MN 55318 285 FLYING CLOUD DR SHAKOPEE MN 55379 HENN CO RR AUTHORITY - HENN CO GOVT CENTER PARAG & G DESAI STEVEN & C ZUMBUSCH SW STREET LEVEL 9691 PORTAL DRIVE 9794 CRESTWOOD TERR 300 6TH STREET SO EDEN PRAIRIE MN 55344 EDEN PRAIRIE MN 55347 MINNEAPOLIS MN 55487 MICAHEL & M WISTRAND MARK & S DANIELSON RICHARD P VOGEL 9670 MEADOWLARK LANE 11150 SUMPTER CIR 105 PIONEER TRAIL CHANHASSEN MN 55317 BLOOMINGTON MN 55438 CHANHASSEN MN 55317 1ST AMERICAN BANK METRO PAUL TAUNTON GERALD & S BERTSCH - 633 SO CONCORD STREET #310 8556 IRWIN ROAD SO ST PAUL MN 55075 10125 CROSSTOWN CIR BLOOMINGTON MN 55437 EDEN PRAIRIE MN 55344 - MICHAEL A BOYLAN PETER TAUNTON JOHN S PAULOS 17700 SOUTHRIDGE CT 316 19TH AVE SE #660 MINNETONKA MN 55345 PO BOX 1351 6560 FRANCE AVE SO WILLMAR MN 56204 MINNEAPOLIS MN 55435 JOHN & L REVIER JOHN & A LONSTEIN DENNIS & C BARTHOLOW PO BOX 358 1559 PENNSYLVANIA AVE N 9841 DEERBROOK DRIVE _ CHANHASSEN MN 55317 MINNEAPOLIS MN 55427 CHANHASSEN MN 55317 PAUL & L K KILKER WENDELL & J SCHOTT WILLIAM & L STOKKE 788 LAKE POINT 7034 RED CEDAR COVE 241 EASTWOOD CT CHANHASSEN MN 55317 EXCELSIOR MN 55331 CHANHASSEN MN 55317 - ARLIS & M OLSON STEPHEN WHITEHILL DAVID 0 HANSEN - 9370 FOXFORD RD 7001 DAKOTA AVE 108 PIONEER TRAIL CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 PAUL KILKER GREGORY LAWLER FIRST AM BANK METRO LINDA KERFELD 9900 DEERBROOK DR 633 SO CONCORD ST _ 788 LAKE PT CHANHASSEN MN 55317 SO ST PAUL MN 55075 CHANHASSEN MN 55317 - KEVIN BUESGENS PAUL TAUNTON GERALD & S BERTSCH 9940 DEERBROOK DR #310 8556 IRWIN RD CHANHASSEN 10125 CROSSTOWN CIR BLOOMINGTON MN 55437 EDEN PRAIRIE MN 55344 JEFFREY & BARB MICHELL MICHAEL BOYLAN PETER TAUNTON - 11887 WATERFORD RD 17700 SOUTHRIDGE CT 316 19TH AVE SE EDEN PRAIRIE MN 55347 MINNETONKA MN 55345 PO BOX 1351 WILLMAR MN 56204 JOHN S PUOLOS JOHN & LINDA REVIER JOHN & ANN LONSTEIN _#660 P 0 BOX 358 1559 PENNSYLVANIA AVE N 6560 FRANCE AVE S CHANHASSEN MN 55317 MPLS MN 55427 MPLS MN 55435 DENNIS & C S BARTHOLOW JOHN PAUL LOWELL & C CAMPBEL 9841 DEERBROOK DR 410 LAKOTA LANE 415 LAKOTA LANE -CHANHASSEN MN 55317 CHASKA MN 55318 CHASKA MN 55318 -'RUSSEL BARTO TIM WISE LAVERNE WHEELER 400 LAKOTA LANE 425 LAKOTA LANE 445 LAKOTA LANE _CHASKA MN 55318 CHASKA MN 55318 CHASKA MN 55318 _M C HAPPE DEVAL MEDH N A MONROE 495 LAKOTA 535 LAKOTA LANE 565 LAKOTA LANE CHASKA MN 55318 CHASKA MN 55318 CHASKA MN 55318 MAYNARD HAPPE VERNE SEVERSON DAVID TEICH -615 LAKOTA LANE 675 LAKOTA LANE 10151 GREAT PLAINS BLVD CHASKA MN 55318 CHASKA MN 55318 CHASKA MN 55318 JEFFREY DYPWICK CITY OF EDEN PRAIRIE A T T N CHRIS E N G E R _10300 GREAT PLAINS BLVD CHASKA MN 55318 7600 EXECUTIVE DRIVE EDEN PRAIRIE MN 55344 CARVER. COUNTY ABSTRACT AND TITLE CO., INC. Ex+ CARVER COUNTY 201 Chestnut St.N. FAX(612)448.5155 ABSTRACT a TITLE. — P.O.Box 106 Dave Kut;sr Chaska,MN 55318 David E. Moonen May 22, 1992 Moon Valley Agrigate 11111 Deuce Road Elko, MN 55022 According to the 1992 Tax Books in the Carver County Treasurers Office the following persons are listed as owners of the property within Carver County, Minnesota, which lies within 500 feet of the following described property: PARCEL I: All that part of' Government Lot 1, Section 36, Township 116, Range 23, Carver County, Minnesota, which lies Northerly of Trunk Highway No. 212. — PARCEL II: All that part of the Southeast Quarter (SE}) of Section 25, Township 116, Range 23, lying Easterly of the easterly right of way of the Chicago and _ Northwestern Railway (formerly the Minneapolis and St. Louis Railway) , Carver County, Minnesota. Together with an easement for road purposes over and across the following described tract: That part of the South fifty (50) feet of the North one-half (Ni) of Section 25, Township 116, Range 23, Carver County, Minnesota, lying Easterly of Carver County Road No. 14. 1. Robert J. & E. Tischleder 5. Parag R. & Gopi P. Desai 185 Pioneer Trl. 9691 Portal Dr. Chanhassen, MN 55317 Eden Prairie, MN 55344 — Contract for Deed: 2. Vernon H. Teich Richard P. & Gayle-M. Vogel 220 Flying Cloud Dr. — — Chaska, JIN 55318 _ 6." Steven J. Zumbusch & Charlotte M. Zumbusch - 3. LeVerne M. Vassar 9794 Crestwood Ter. %Statewide Auto Salvage, Inc. Eden Prairie, MN 55347 285 Flying Cloud Dr. Contract for Deed: Shakopee, MN 55379 - Richard P. & Gayle M. Vogel 4. Hennepin Co. Reg. RR Authority 7. Michael D. & Monica S. Wistrand Hennepin Co. Govt. Center 9670 Meadowlark Ln. 300 6th St. S. Chanhassen, MN 55317 _ SW Street Level Minneapolis, MN 55487 8. Mark J. & Starla J. Danielson 17. John E. & Ann Lonstein 11150 Sumpter Cir. 1559 Pennsylvania Ave. No. Bloomington, MN 55438 Minneapolis, MN 55427 Contract for Deed: Richard P. Vogel 18. Dennis J. Bartholow & Catherine S. Bartholow 9. Richard P. Vogel 9841 Deerbrook Dr. 105 Pioneer Trl. Chanhassen, MN 55317 - Chanhassen, MN 55317 19. Paul Irvin Kilker & 10. First American Bank Metro Linda G. Kerfeld-Kilker 633 So. Concord St. 788 Lake Pt. So. St. Paul, MN 55075 Chanhassen, MN 55317 Contract for Deed: 11. Paul Taunton First American Bank Metro 10125 Crosstown Cir. #310 20. Wendell & Jacqueline Schott Eden Prairie, MN 55344 7034 Red Cedar Cv. Excelsior, MN 55331 12. Gerald W. & Stella F. Bertsch 8556 Irwin Rd. 21. William L. & Lynn H. Stokke Bloomington, MN 55437 241 Eastwood Ct. _ Chanhassen, MN 55317 13. Michael A. Boylan 17700 Southridge Ct. 22. Arlis L. & Margaret Olson Minnetonka, MN 55345 9370 Foxford Rd. Chanhassen, MN 55317 14. Peter Taunton 316 19th Ave. SE 23. Stephen L. Whitehill _ PO-Box 1351 - 7001 Dakota Ave. Willmar, MN 56204 Chanhassen, MN 55317 15. John S. Paulos 24. David 0. Hansen 6560 France Ave. So. 108 Pioneer Trl. - #660 - - Chanhassen, MN 55317 - Minneapolis, MN 55435 - Contract for Deed: 25. NOTE: THE CARVER COUNTY TREASURERS First American Bank Metro OFFICE DOES NOT SHOW NAMES OR ADDRESSES FOR TAX EXEMPT PARCELS. 16. John M. & Linda J. Revier PO Box 358 Chanhassen, MN 55317 41e 4 .4-* Carver County Absrac.. & Title Co. , Inc. This company does not assume any liability for the accuracy of this report. _ CITYOF CHANIIASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Sharmin Al-Jaff, Planner I DATE: June 25, 1992 SUBJ: Zoning Ordinance Amendment - Section 20-712, Concerning Allowed Uses in the BH, Highway and Business District The Zoning Ordinance allows automobile servicing within enclosed structures designed for the purpose where fuel is not dispensed as a permitted use in the BH District. The zoning ordinance also permits auto service centers as a conditional use in the BH District. An auto service center is defined as an integrated group of commercial establishments or single establishment planned, developed, and managed as a unit with off-street parking provided on- site and providing uses engaged primarily in the supplying of goods and services generally required in the operation and maintenance of motor vehicles. These may include sale and servicing of tires, batteries, automotive accessories, replacement items, washing and lubricating services, and the performance of minor motor maintenance and repair. This does not include major body repair where it is necessary to provide long term storage of cars and body parts. We find these sections to be confusing and this could lead to a loss of control over this type of development. Staff does not object to having auto service uses in the BH District. However, I believe we would normally want to exercise the additional control that would be afforded as a conditional use rather than a permitted use. Therefore, we are recommending that auto service centers as a permitted use be eliminated. ATTACHMENT 1. Zoning ordinance amendment. t4, PRINTED ON RECYCLED PAPER RECEIVED - JUN 1 1 1992 CAMPBELL, KNUTSON, SCOTT 6:. FUCHS P.A. CITY 4Jr ..r...r:riaSSE Attorneys at Law Thoma I.C.imrhell (612)452.5000 — R,'ter N.Knut.on Fax(612)452-5550 Thema'\I.'eots Gan C.Fuchs Janie,R.\\',tl,nm — Elliott B.f.net,ch June 16, 1992 Michael A Brohack Rene 1).Steiner Ms. Sharmin Al-Jaff — Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 RE: BH District Allowed Uses Dear Sharmin: Enclosed please find ordinance which amends Chapter 20 of the Chanhassen City Code by deleting subparagraph (20) under Section 20-712 concerning allowed uses in the BH District. V- ours, CAMBELL, I SON, SCOTT & FUCHS, • .A. BY: Roger • . Knutson RNK: srn Enclosure i Suite 31 T • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE CONCERNING ALLOWED USES IN THE BH DISTRICT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Section 20-712 of the Chanhassen City Code is amended by deleting subparagraph (20) . Section 2 . This ordinance shall be effective immediately upon its passage and publication. 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 , 1990. ) ZONING § 20-712 vide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use.As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential.To the extent deemed feasible by the city,new plantings shall be designed to require the minimum of maintenance,however,such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conservation easement running in favor of the city. In instances where existing topography and/or vegetation provide buffering sat- isfactory to the city, or where quality site planning is achieved, the city may reduce buffer yard requirements by up to fifty (50) percent. The applicant shall have the full burden of demonstrating compliance with the standards herein. (Ord. No. 80,Art. V, § 10;5-10-5), 12-15-86; Ord. No. 94, §§ 1, 2, 7-25-88; Ord. No. 136, §§ 1A, 1B, 1-28-91) Sec. 20-696. Interim uses. The following are interim uses in the "BN" District: (1) Churches. (2) Temporary outdoor display of merchandise for sale. (Ord. No. 120, § 3, 2-12.90) Secs. 20-697-20-710. Reserved. ARTICLE XVII. "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT Sec. 20-711. Intent. The intent of the "BH" District is to provide for highway oriented commercial develop- ment restricted to a low building profile. (Ord. No. 80, Art. V, § 11(5-11-1), 12-15-86) Sec. 20-712. Permitted uses. The following uses are permitted in a "BH" District: (1) Financial institutions. (2) Fast food restaurant. (3) Reserved. (4) Standard restaurants. Supp.No.3 1221 § 20-712 CHANHASSEN CITY CODE (5) Motels and hotels. (6) Offices. (7) Retail shops. (8) Miniature golf. (9) State-licensed day care center. (10) Car wash. (11) Convenience stores without gas pumps. (12) Personal service establishment. (13) Liquor stores. (14) Health services. (15) Utility services. (16) Shopping center. (17) Private clubs and lodges. (18) Community center. (19) Funeral homes. (20) Automobile servicing within enclosed structures designed for the purpose where fuel is not dispensed. (21) Financial institutions with drive-through services. (Ord.No.80,Art.V,§ 11(5-11-2), 12-15-86;Ord.No. 116,§6, 1-22-90;Ord.No. 122, § 1,2-26-90) Editor's note—Section 1 of Ord. No. 122, adopted Feb. 26, 1990, added subsection(20)to § 20-712. Inasmuch as there existed a subsection (20),the editor has included the new provi- - sions as § 20-712(21). Sec. 20-713. Permitted accessory uses. The following are permitted accessory uses in a "BH" District: • (1) Signs. (2) Parking lots. (Ord. No. 80, Art. V, § 11(5-11-3), 12-15-86) Sec. 20-714. Conditional uses. The following are conditional uses in a "BH" District: (1) Reserved. (2) Supermarkets. (3) Small vehicle sales. Supp.No.3 1222 ZONING § 20.715 (4) Screened outdoor storage. (5) Auto service centers. (6) Garden centers. (7) Convenience stores with gas pumps. (8) Motor fuel stations. (9) Emission control testing stations. (Ord.No. 80,Art.V, § 11(5-11-4), 12-15-86;Ord.No. 80-G, § 1, 1-11-88;Ord.No.91, § 1,6-27-88; Ord. No. 116, § 6, 1-22-90; Ord. No. 120, § 4(8), 2-12-90; Ord. No. 137, § 2, 2-11-91) — Editor's note—Section 1 of Ord. No. 91, adopted June 27, 1988, amended § 20-714 by adding a subsection (5)thereto. Inasmuch as there existed a subsection (5), added by Ord. No. 80-G, the editor has renumbered the new provisions as § 20-714(6). Subsequently, subsections (5) and (6), added by Ord. No. 116, § 6, adopted Jan. 22, 1990, were renumbered as (7) and (8). State law reference—Conditional uses, M.S. § 462.3595. Sec. 20-715. Lot requirements and setbacks. The following minimum requirements shall be observed in a "BH" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum district area is ten (10) acres. This paragraph may be waived by a condition use permit in the case of expansion of an existing district. (2) The minimum lot area is twenty thousand (20,000)square feet. (3) The minimum lot frontage is one hundred (I00) feet, except that lots fronting on a cul-de-sac shall have a minimum frontage in all districts of sixty (60)feet. (4) The minimum Iot depth is one hundred fifty (150)feet. (5) The maximum lot coverage is sixty-five (65)percent. (6) Off-street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in sections 20-1191 and 20-1192 pertaining to landscaping requirements. b. There is no minimum setback when it abuts,without being separated by a street, another off-street parking area. c. The minimum setback is fifty (50) feet when it abuts a residential district - without being separated from the residential district by a street or railroad right-of-way. d. The minimum setback is twenty-five (25)feet for side street side yards. e. Parking setbacks along public rights-of-way may be reduced to a minimum of ten (10) feet if the applicant can demonstrate to the satisfaction of the city that one-hundred-percent screening is provided at least five(5)feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced Supp.No.3 1223 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: May 26, 1992 SUBJ: Final Ordinance Draft of the Residential Planned Unit Development District PROPOSAL/SUMMARY As you are aware, staff and the Planning Commission have been working on this item since last summer. The main issue of contention has continued to be minimum lot size requirements and whether the city should even offer lot sizes below the normal RSF District requirement of 15,000 square feet. Throughout these discussions, staff has consistently maintained that residential PUDs, if properly handled, offer much to not only the developer, but also to the community and to future residents of the project. _ During the time this discussion had taken place, we have seen one or more instances where a normally platted residential development could have significantly benefited by the flexibility and improvements that would have been offered under the PUD guidelines. At the same time, staff continues to recognize that there have been significant abuses of the PUD in the past, and we would not recommend proceeding with this item if we did not think that these problems could be resolved. We believe these improvements have been incorporated into the ordinance. The final draft of the ordinance does allow minimum lot sizes to be decreased below 15,000 square feet to 10,000 square feet. However, what is significantly different from past practices is the following: 1. Wetland areas are excluded from lot area calculations so we will never have an instance where a 10,000 square foot lot is in reality a 6,000 square foot lot after the wetland is subtracted. This not only benefits minimum sized lots but also lots of any size where wetland impacts occur. 2. The developer is being required to demonstrate that each lot is able to accommodate a 60' x 40' building pad and a 12' x 12' deck without intruding into n �0, PRINTED ON RECYCLED PAPER Planning Commission May 26, 1992 Page 2 any required setback or protective easement. Each home must also have a minimum rear yard of 30 feet. 3. There is an intent section that is a preface to the PUD which clearly states that there should be a trade-off between meeting the developer's and city's goals for a given project. The smaller the average lot size is below 15,000 square feet, the greater the city's expectations are going to be for a trade-off hi improved quality and environmental protection. The City Council discussed this item at their May 18, 1992, meeting, and although they did not reach a conclusion, a resolution as outlined above seemed to be consistent with what some of the individual council members were saying. The Planning Commission then discussed this item on the Wednesday, May 20, 1992, meeting, and I believe the final draft accurately reflects the direction that staff was given by the Planning Commission. STAFF RECOMMENDATION Staff recommends that the Planning Commission approve amendments to Chapter 20, the Zoning Ordinance for Residential Planned Unit Developments. ATTACHMENTS 1. Final draft ordinance. 2. City Council minutes dated May 18, 1992. 3. Planning Commission minutes dated May 20, 1992. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AIviENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE ZONING ORDINANCE The City Council of the City of Chanhassen ordains: Section 1. Article VIII, Planned Unit Development District of the Chanhassen City Code is amended as follows: Section 20-506. Standards and Guidelines for Single Family Detached Residential Planned Unit Developments. Intent The use of Planned Unit Developments for residential purposes should result in a reasonable and verifiable exchange between the city and the developer. The developer gains the potential for offering reduced lot sizes and flexibility in development standards which results in a combination of reduced development costs and improved marketing flexibility. At the same time, the city should be offered enhanced environmental sensitivity beyond normal ordinance requirements. Lot sizes should be mixed to reflect the site's environmental limitations and opportunities and to offer a range of housing pricing options. In addition, quality of development, as evidenced by landscaping, construction quality, provision of public/private open and recreational space, should also be enhanced. As average lot sizes are decreased below 15,000 — square feet, the city's expectations will be increased and it will be the developer's responsibility to demonstrate how the project meets the city's goals . a) Minimum Lot Size - The single family residential PUD allows lot sizes down to a minimum of 10,000 square feet (excluding identified wetland areas from lot calculations). The applicant must demonstrate that there are a mix of lot sizes consistent with local terrain conditions, preservation of natural features and open space and that lot sizes are consistent with average building footprints that will be concurrently approved with the PUD. The applicant must demonstrate that each lot is able to accommodate a 60' x 40' _ building pad and 12' x 12' deck without intruding into any required setback area or protective easement. Each home must also have a minimum rear yard, 30 feet deep. This area may not be encumbered by the required home/deck pads or by wetland/drainage easements. b) Minimum Lot Width at Building Setback - 90 feet. c) Minimum Lot Depth - 100 feet. 1 c) Minimum Lot Depth - 100 feet. d) Minimum Setbacks: PUD Exterior - 30 feet. _ Front Yard - 20 feet. Rear Yard - 30 feet Side Yard - 10 feet. _ Accessory Buildings and Structures-located adjacent to or behind principal structure a minimum of 10 feet from property line. — e) The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands,wetlands,ponds,and scenic — views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. f) An overall landscaping plan is required. The plan shall contain the following: 1) Boulevard Plantings - Located in front yard areas these shall require a mix of — over-story trees and other plantings consistent with the site. Well designed entrance monument is required. In place of mass grading for building pads and roads, stone or decorative block retaining walls shall be employed as — required to preserve mature trees and the site's natural topography. 2) Exterior Landscaping and Double Fronted Lots - landscaped berms shall be — provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar measures shall be provided for double fronted lots. _ Where necessary to accommodate this landscaping, additional lot depth may be required. 3) Foundation Plantings - A minimum budget for foundation plants shall be established and approved by the city. As each parcel is developed in the PUD, the builder shall be required to install plant materials meeting or _ exceeding the required budget prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. 4) Rear Yard - The rear yard shall contain at least two over-story trees. Preservation of existing trees having a diameter of at least 6 inches at 4 feet in height can be used to satisfy this requirement of the PUD and the plans — should be developed to maximize tree preservation. g) Architectural Standards - The applicant should demonstrate that the PUD will — provide for a high level of architectural design and building materials. While this 2 requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD Agreement should include the following: 1) Standards for exterior architectural treatments. 2) Prohibition against free standing garages may be required by the city when it — is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient — room to accommodate a two car garage without variances to obtain a permit. 3) Guidelines regulating the placement of air conditioners, dog kennels, storage buildings, and other accessory uses that could potentially impact adjoining parcels due to small lot sizes. Section 20-507. Standards and Guidelines for Single Family Attached or Cluster-Home PUD's. a) Single family attached, cluster, zero lot line, and similar dwelling types shall only be allowed on sites designed for medium or high density residential uses by the City of = Chanhassen Comprehensive Plan. b) Minimum lot sizes. Minimum lot sizes down to 5,000 square feet may be allowed. However, in no case will gross density exceed guidelines established by the City of Chanhassen Comprehensive Plan. c) Setback Standards/Structures and Parking: PUD Exterior - 50 feet = Interior Public Right-of-way - 20 feet Other setbacks - Established by PUD Agreement d) The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands,ponds, and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. e) An overall landscaping plan is required. The plan shall contain the following: 3 1) Boulevard Plantings - Located in front yard areas these shall require a mix of over-story trees and other plantings consistent with the site. Landscaped — berms shall be provided to screen the site from major roadways, railroads and more intensive land uses. Well designed entrance monument is required. In place of mass grading for building pads and roads, stone or decorative block _ retaining walls shall be employed as required to preserve mature trees and the site's natural topography. 2) Exterior Landscaping and Double Fronted Lots - Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar measures shall be provided for double fronted lots. — Where necessary to accommodate this landscaping, additional lot depth may be required. 3) Foundation and Yard Plantings - A minimum budget for foundation plants shall be established and approved by the city. As each parcel is developed in the PUD, the builder shall be required to install plant materials meeting or — exceeding the required budget prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. 4) Tree preservation is a primary goal of the PUD. A detailed tree survey should be prepared during the design of the PUD and the plans should be developed to maximize tree preservation. f) Architectural Standards - The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section — is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD Agreement should include the following: 1) Standards for exterior architectural treatments. 2) Prohibition against free standing garages may be required by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient room to accommodate a two car garage without variances to obtain a permit. 3) Guidelines regulating the placement of air conditioners, dog kennels, storage buildings, and other accessory uses that could potentially impact adjoining parcels due to small lot sizes. — 4 Section 2. Amend Section 20-505, Required General Standards, by adding the following: (m) Buffer yards. The City Comprehensive Plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the Plan where higher intensity uses interface with low density uses. In these areas, a fifty (50) foot buffer yard is to be provided where the interface occurs along a public street, a one hundred (100) foot buffer yard is required where the interface occurs on internal lot lines. The buffer yard is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance,however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conservation easement running in favor of the city. In instances where existing topography and/or vegetation provide buffering satisfactory to the city, or where quality site planning is achieved, the city may reduce buffer yard requirements by up to 50%. The applicant shall have the full burden of demonstrating compliance with the standards herein. 5 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: June 25, 1992 SUBJ: Tree Conservation Easements At past meetings, staff has been asked to elaborate on tree conservation easements which have been utilized on several recent plats. The City Attorney has developed the easement format that is attached to this memo. What it essentially does is permanently identify an area that is to be protected for tree conservation purposes and bind all present and future property owners to maintain the forested area in its natural state. The only activities allowed in this area are removing diseased or storm damaged trees. Some of the commissioners have expressed potential concerns over permanently binding a home owner from doing anything relative to trees. I would point out that these tree conservation easements are used sparingly. They are used only when a specific concentration of trees worthy of preservation can be identified. Staff has taken pains to ensure that they do not hinder normal use of a lot to either build a home or accommodate normal household functions. I would also point out that these tree conservation easements are developed as a fundamental tool for addressing the impact of development. That is the preservation of these trees may often be the key to gaining approval of the plat and designing a development that is acceptable to the city and neighbors. Therefore, we believe it is reasonable to provide permanent protection for these areas. Arguably, some of the City Attorney's language is rather strict and some modifications may be appropriate. For example, while we would not want any permanent structures built in a tree conservation area, the construction of walkways, placement of playground equipment, or some other normal activities associated with single family lots may be appropriate. Staff looks forward to getting your guidance on this matter. Is PRINTED ON RECYCLED PAPER CAMPBELL , KNUTSON , SCOTT & FUCHS , P .A May 15 ,92 10 :25 No .007 P .02 CONSERVATION BASEMENT INSTRUMENT made this day of , 19 , by and between ("Grantors") , and the CITY OF , a Minnesota municipal — corporation ("City") . The Grantors, in consideration of good and valuable consider- ation paid by the City, the receipt and sufficiency of which is hereby acknowledged, grant the City a permanent conservation easement as that term is defined in this instrument over, under, and across the premises — described in the attached Exhibit "A" ("subject property") . 1. Grantors for themselves, their heirs, successors and assigns, agree that the following are prohibited in perpetuity on the subject property: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clothes line poles, and playground equipment. B. Cutting, removing, or altering trees or other vegeta- tion, except those diseased or storm damaged. C. Excavation or filling. D. Application of fertilizers, whether natural or chemical. E. Application of chemicals for the destruction or retard- — ation of vegetation. F. The deposit of waste or debris. G. The application of herbicides, pesticides, and insecti- — cides. H. Outside storage of any kind. CHAN:FORM .�nr /a e Inn CHAN:FORM r05/15/92 CAMPBELL , KNUTSON , SCOTT & FUCHS , P .A May 15 ,92 10 :26 No .007 P .03 I. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. — 2. Grantors for themselves, their heirs, successors and assigns, further grant the City the affirmative right, but not the obli- gation, to enter upon the subject property at any time to enforce compliance with the terms of this instrument. GRANTORS: — GRANTEE: CITY OF BY: Its Mayor BY: Its clerk/Manager STATE OF MINNESOTA ) ( SS. — COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by • — NOTARY PUBLIC - -2- CAMPBELL , KNUTSON , SCOTT & FUCHS , P .A May 15 ,92 10 :26 No .007 P .04 STATE OF MINNESOTA ) ( ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 19 , by NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by , Mayor, and by , Clerk/Manager, of the City of , a Minnesota municipal corporation, in behalf of the corporation and pursuant to the authority of its City Council . NOTARY PUBLIC DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 -3- CHANHASSEN PLANNING COMMISSION REGULAR MEETING JUNE 3 , 1992 Vice Chair Ahrens called the meeting to order at 7:35 p .m . . - MEMBERS PRESENT: Tim Erhart , Ladd Conrad , Steve Emmings , Matt Ledvina and Joan Ahrens MEMBERS ABSENT: Brian Batzli and Jeff Farmakes STAFF PRESENT: Paul Krauss , Planning Director ; Sharmin Al-Jaff , Planner I ; Kate Aanenson , Planner II ; Dave Hempel , Sr . Engineering Technician ; and Tom Scott , City Attorney — PUBLIC HEARING: WETLAND ALTERATION PERMIT FOR A WETLAND ALTERATION FOR THE PLACEMENT OF A DOCK THROUGH A CLASS A WETLAND ON PROPERTY ZONED RR , RURAL RESIDENTIAL AND LOCATED AT 7570 DOGWOOD ROAD, PETER AND DEANNA BRANDT . Public Present: Name Address Peter Brandt 7570 Dogwood Road Kate Aanenson presented the staff report on this item . Ahrens : Kate , on your first three conditions . Who monitors that and how often is that monitored? Aanenson: As far as the? Ahrens: Or I guess the first two . I 'm sorry , 1 and 3 . Aanenson: When we 've passed basically , it 's my understanding that we passed the water fowl breeding season now and so that 's my understanding they want to put that in shortly so that wouldn 't be a concern at this point . I guess we would ask that they , we would advise them of when that time is . We do know what those dates are and I believe that 's June something Dave . End of the water fowl breeding season . Hempel : According to the U .S . Fish and Wildlife , June 15th . Aanenson : Okay . So we would advise them not to put it in until after that date . I guess it 's a complaint basis sort of thing too . Ahrens : I mean , how about numbers 1 and 3? Who checks to make sure that - this wetland is not going to be disturbed after the dock is put in? Krauss: I think you 're raising a real good point . These things do not - require a building permit as does normal construction . And your raising the point tonight points out that we have been responding to these things on a case by case basis . We have typically not had a program of going out periodically to check them . We certainly should be doing that the first Planning Commission Meeting June 3 , 1992 - Page 2 year with the construction . If you 'd like to make , add a condition saying that the applicant shall notify staff upon installation so that it can be reviewed and signed off on , I think that would be appropriate . Ahrens : Couldn 't you just go out maybe 3 months from now or on a periodic _ basis and check it? Krauss: Well yes , sure . Ahrens: I mean we have a lot of conditions it seems like that say that wetlands aren 't going to be altered and who 's knows if they ever are . Krauss: Most of the times though that you see those conditions , they 're associated with a larger development where you do have on site inspection and follow up . Either through our staff 's engineering department or for the building department . This is kind of an unusual case . Ahrens : Would the applicant like to address the commission? This is a public hearing . Anybody . Conrad moved , Erhart seconded to close the public hearing. All voted in favor and the motion carried . The public hearing was closed . Erhart : Just to follow up on your suggestion . What did you mean by periodic inspection Joan? Continuous or just after construction? Ahrens : Well I don 't have a real definite idea of what I mean by periodic inspections . Just that we see a lot of wetland alteration permits come through here and my experience , particularly in the development I live in - is that the city doesn 't go back out and make sure that people aren 't altering wetlands unless there 's a complaint made by somebody who lives around it . Erhart : Well I guess that gets into the basic philosophy is if we want to have your government , you want them actively going out and looking over this and all the other things or do we want to respond by complaint . I think our philosophy has been to respond by complaint because for one thing I 'm not sure it 's practical to go out and inspect every project . Ahrens : Well we 're trying right now to track all the wetlands it seems like in Chanhassen . Hasn 't there been an intensive effort to do that? Krauss : You 're both correct but there is an administrative problem . Clearly we have an obligation to make sure that the conditions are adhered to when the thing 's initially installed and constructed . Periodic checking of , we don 't even know how many wetlands we have in the city . It 's someplace between 300 and 400 and how many docks we might have in the city , that 's simply beyond the ability of our staff to do it so we 've been relying on a complaint basis . Or we do have our building inspectors are out in the neighborhoods constantly and they report back problems and we respond to those problems . Erhart : Okay , well anyway beyond that . I assume then it 's consistent with - the requirements we imposed on the development next door? - Planning Commission Meeting June 3 , 1992 - Page 3 Aanenson: Yeah but as I pointed out , there was a significant larger span of wetlands , the depth of that from the 925 . - Erhart : Yeah but essentially we 're requiring the same thing . Aanenson : Exactly . The same conditions . = Erhart : Why did we go from , what 's the difference between the dock and an elevated boardwalk . Or wasn 't I supposed to ask? - Krauss: Jo Ann knows and she 's not here . Aanenson : It 's really kind of one and the same . The intent is to keep it - above the vegetation so it allows the vegetation to grow . Whether you call it a dock or . Erhart : I know we discussed this the last time when we did that . But anyway , I guess an elevated boardwalk is what we 're talking about here and perhaps must be acceptable . Other than that I think it looks okay . No other comments . Conrad: I would attach just a condition that says , and I think it should happen with all permits . I don 't know how we monitor it downstream in - years but I do think that after a permit is issued , like a building inspector should go out and take a look . And so I just wrote , staff review upon completion of the project should occur . And I think that 's just real reasonable and I don 't think I want to single this project out . I really would like to be doing that for everyone so staff , if that makes sense in the future , I sure would like that and I 'd like to attach it to this . Otherwise I think everything looks good . Ledvina : The boardwalk , that 's a permanent installation? - Aanenson : No . It 's a seasonal dock . It will come out . But the intent is to just have it raised . That 's why it 's called a boardwalk . It 's not on grade . Emmings: It 's a high dock . Ledvina : Okay . So every year they 're going to be going back in and they 're going to be putting it in and taking it out? I don 't know . I see that , there 's going to be a lot of traffic in the wetland and I don 't see that as a good thing for the wetland . Aanenson : The area that they 're putting it in right now , their dogs . I walked the site . The dogs have been swimming down there . There 's kind of a cleared , slightly cleared area right now and as I stated before , I 'm not sure that all the posts will be coming out . Maybe you might want to make that part of the recommendation . - Ledvina : That the posts be set on a permanent basis? Aanenson: Yeah , or something like that . Planning Commission Meeting June 3 , 1992 - Page 4 Ledvina : Well I don 't know . I don 't know what 's best for the wetland in terms of the least disruptive activity that would occur down there . If you- feel that that would help the situation . Aanenson: Yeah , this is how Crimson 's Bay doing their 's . _ Krauss : I guess I have a question for the city engineer . In the past I 've seen a number of the installations where the boardwalk section I think stays there all winter and it 's just the dock that comes in and out . The - one we had on Lotus Lake was built that way . Hempel : That 's correct Paul . I think the freeze/thaw , the ice out condition will do damage to the docks that are out in the water themselves but back in the wetlands they are protected from froze heave or ice heaves . Ledvina : So then in the wetland area , that will be a permanent installation then right? Semi-permanent . Hempel : Semi-permanent , yeah . I believe that 's how they are on the Lotus - Lake . Emmings: Isn 't most of this wetland in the lake? Aanenson: That 's what I was going to say . All the wetland in this situation is in the lake . It 's all grass . Emmings : It 's below the , where the water meets the land . It 's to the lake side of where the water 's meeting the land . This wetland . But I think on Crimson Bay we did not require any permanent installation through the - wetland according to the same reasons . Aanenson: Yep . Emmings: There was talk at that time too I remember . There has been other times of what it would mean to leave permanent posts in these areas where you 've got docks there and where you 've got snowmobile traffic in the - winter time . So I don 't know . I can 't think of one where we 've require permanent installation and I 'm not sure it would be a good idea without looking at it and maybe having your engineer look at it . Ledvina : I think that 's reasonable . I just had a question as to what 's physically going to happen there . What are we permitting over the long term for this wetland? Okay , that seems reasonable . Ahrens : It does sound like a good idea and maybe in the future for wetlands that aren 't submerged in water to include that as a condition . - Ledvina : Ladd mentioned the review of the project upon completion . One other thing that Paul mentioned I think that could also be added would be _ the notification . The applicant shall notify City staff as to when the dock installation will occur to enable inspection . I think that gives the city the opportunity to go out and take a look at what 's happening as well as follow up once it 's completed . So I think that would be helpful as _ well . That 's it . - Planning Commission Meeting June 3 , 1992 - Page 5 Emmings : I agree with Matt 's last point here . The way to do it is to have the applicant notify staff . I think that 's the way that condition ought to be worded . And number 3 . There should be no filling or dredging - permitted . I think there ought to be a period right there and we ought to strike the rest of that sentence . They 're not asking to do any filling or dredging anywhere are they? Well let 's just make that real blunt then . The only other thing that occurred to me is condition 1 says that the ground cover abutting the wetland won 't be disturbed . We 're talking about a 1 inch strip or a 1 foot strip or a 10 foot strip . I don 't know if they can read this and know what you mean . Aanenson: Okay , it 's about 15 feet and I met with the Brandt 's out on the , Mrs . Brandt out on the property . What the concern is we want it left in a = natural state because it is abutting the wetland and in the past when we haven 't addressed this , maybe over the next 2 years they 'll end up moving it and then we 're back to the situation where we don 't have that butter against the wetlands . Emmings: But the condition doesn 't tell them what you mean in terms of the depth of that strip and I don 't know what would be reasonable there but . Aanenson: I can extrapolate that from the contours of the , it 's about 15 feet . Emmings: Does it follow a certain contour? Aanenson : Yes . Emmings: Do you know what that contour is so we could just put it in right now? Well , why don 't you put that in between now and City Council . I - don 't have anything else . Ahrens: I agree with the comments made by everybody so far and I don 't have anything further on this . Can I have a motion? Conrad: I just have one comment . We 're assuming the wetland can 't be tampered with basically . What we 're trying to do is keep the barrier there - for whatever reason . That 's assumed . And is that assumed based on our , DNR requirement? Assumed based on an ordinance that we have? - Aanenson: Yes . What we 're trying to do is get the dock out past the wetlands so it will just be over the top of the wetland and then all the docking and stuff will occur past the edge of that wetland fringe . So _ there will be minimum disturbance of the wetland . Conrad: The idea is really not to tamper with the wetland . Let the dock go through and keep the thing there . The first point , the ground cover abutting the Class A wetland not be disturbed and shall be left it 's natural state . We really want that to apply to the Class A wetland itself too don 't we? Ground cover is insignificant compared to the wetland . - Insignificant . Emmings: Ladd , isn 't what 's going on here , -the general rule is , you can 't touch a wetland unless you get a wetland alteration permit . Now they 've Planning Commission Meeting June 3 , 1992 - Page 6 come in here with their permit . Here are the conditions and sort of what I hear you saying is , you want to restate the general rule as a condition , _ which I don 't think you need to do . Conrad : I just want to make , yeah . Other than the fact that the applicant will know what the general rule is . Emmings: Well he knows because he knows he had to come in and get this . Ahrens : It may be assuming too much though . I think it 's never a bad idea to restate something that is very important . Emmings: Alright . Ahrens : I think that 's a good idea . Conrad: The Planning Commission , I recommend the Planning Commission recommends approval of the Wetland Alteration Permit #92-7 to allow construction within 200 feet of a Class A wetland and installation of a — dock through a Class A wetland with the conditions listed by staff . Adding point number 5 , that the applicant will notify the staff for review upon completion of the project and that point number 6 . The Class A wetland _ will be allowed to return , the Class A wetland will be maintained in it 's natural state . Ahrens: Maintaining implies though that they 're going to be doing — something to it . Conrad: Is there a better word? — Ahrens : It should be left . Conrad : Will be left in it 's natural state? Erhart : I ' ll second that . Conrad moved , Erhart seconded that the Planning Commission recommend approval of Wetland Alteration Permit #92-7 to allow construction within 200 feet of a Class A wetland and the installation of a dock through a Class A wetland with the following conditions: 1 . The ground cover abutting the Class A wetland not be distrubed and it shall be left in its natural state . 2 . The dock cannot be installed during waterfowl breeding season and shall be located as to minimize the impact on vegetation . 3 . There shall be no filling or dredging permitted . 4 . The dock shall be raised a minimum of one foot above the OHW 944 .5 ' level through the wetland . 5 . The applicant will notify the staff for review upon completion of the - project . - Planning Commission Meeting June 3 , 1992 - Page 7 6 . The Class A wetland will be left in it 's natural state . All voted in favor and the motion carried . PUBLIC HEARING: NON-CONFORMING USE PERMIT FOR A RECREATIONAL BEACHLOT FOR PLEASANT ACRES HOMEOWNERS ASSOCIATION . Public Present: Name Address - Pete Warhol 3831 Leslee Curve Don Bulen 3871 Leslee Curve Steven Erickson 3850 Leslee Curve - Jerry Johnson 3940 Glendale Drive Steve Knigge 3910 Glendale Drive Chuck Hultner 3900 Leslee Curve Bob Hebeisen 3607 Ironwood Tom Merz 3201 Dartmouth Mark Rogers , Pres . 3951 Leslee Curve Pleasant Acres Homeowners Assn . Kate Aanenson presented the staff report on this issue . - Ahrens : So if I can summarize here , what 's different is the size of the dock , the number of the boats at the dock and the 7 power lifts? Aanenson: Yep . Ahrens : Okay . This is a public hearing . Is there anyone here who would like to speak? If you 'd step up to the microphone here and give your name - and address . Mark Rogers : My name is Mark Rogers . I live at 3851 Leslee Curve and a = resident of Pleasant Acres since 1986 . I ' ll try and be brief . I know you are familiar now with who we are and so forth . A couple of corrections . One , our subdivision was not done in 1984 as Kate just said . It 's 1954 . Ahrens: No , it says 1954 in our report . Mark Rogers : She did just state 1984 . I just wanted to make sure . Ahrens: It 's right in our report . Mark Rogers : Okay , fine . Just making clear here . And before I start , I 'd just like to again say that our beachlot has always been in very good condition as maintained by our neighbors . Stated by our neighbors and the city surveys and to my knowledge we have no outstanding complains by - neighbors or other residents of the area and since I 've been there I have known of none . Okay , that said . A couple of items . First , Kate you had asked me for the Deed and Articles of Incorporation because you were unsure - of the date . We were incorporated in 1968 and I have other copies of the Planning Commission Meeting June 3 , 1992 - Page 8 Deed if you 're interested . Presently we have some , by my count 82 homes in the association . The City staff 's Minutes I believe mention 65 . I think _ that number was taken from the blank on the application which said , how many existed in 1981 . So it 's not 65 now . It is 82 or more . There are more homes under construction . And here 's a list of the known homeowners in the association . Now to the issue . We request that the Planning Commission approve our non-conforming use permit for the beachlot at our requested levels in some cases in contrast to the city staff , for the following reasons . Basically the first issue is that we do question the — 1981 survey . The ordinance passed just this past February obviously refers to the nature and extent of the beachlot use and obviously also sets maximum limits on what can exist down at the beach and what can be used — down at the beach . However , the survey was also obviously a one time shot and there 's no evidence to say that the city attempted to determine what the maximum use was during the summer of 1981 . Only they did a one shot survey . While the physical dock configuration might have appeared as — described , as you all know there 's lots of different ways of tying up boats to a dock or beaching them on the same shoreline or an adjacent shoreline which was undeveloped property until about 1989 or so and some of our residents did use that to beach boats . Secondly item A( 2 ) , Thomas Merz . A resident . Long time resident of the Minnewashta area and a lakeshore owner was called to the City Council meeting by Councilman Wing to testify on what his recollection were of the old studies and levels of boats and so forth and he stated that he recalled that there were 15 boats at Pleasant Acres back in 1981 . Mr . Merz has no known obligations and was not under contract or being paid by Pleasant Acres to do this . This was totally at the request of Mr . Wing that he came and his own desire . I just mentioned the fact that we had more boats in the adjacent lot to the north and our own members ' recollection is that there were never as few boats as what was _ contained in the city survey kept down at the beach . And lastly , the issue of dock length . The letter that came out for this meeting was the first that my association had seen any information regarding the length and width of docks . It was not contained in the survey which was previously distributed and this calls into question my mind the city 's conviction that either those numbers may not be accurate or that they may not be important . Indeed the City 's own 1982 ordinance has two specifications for length of - dock . I believe it 's either 50 feet or the length of dock necessary to reach 4 feet of depth of water . Now , the item that I just uncovered today as to why the city may not even legally be able to limit the use of this _ beachlot is based on a legal opinion written by the law firm hired as the City Attorney . Now this was another issue that dealt with Pleasant Acres of whether or not a proposed subdivision , Country Oaks could be included as part of the beachlot and the conclusion was that the City could not limit the number of homeowners and their use of that beachlot or any other future owners because their use effectively already existed because the lands were deeded to the association before the ordinance was passed . And this item , - and I 'm real sorry the City Attorney isn 't here to address this . Obviously I 'm not a lawyer . I think it takes someone with that sort of expertise to comment on but the legal opinions I 've gotten on is this a valid issue or not state that it is . And again this is his own firm and one of his staff people and he signed the cover letter for it which to me indicates that he approved the memo that the City must consider the use and extent that existed in 1981 as that which could potentially result from all the lands — which are not yet developed as well . Alright , now some details . On the Planning Commission Meeting June 3 , 1992 - Page 9 issue of the permit . One other item is that we 're requesting which maybe goes on a separate piece of paper is we do have a chemical toilet now and - have had one since way back when and it was there in 1981 and I 'd like that to also appear on the permit . Ahrens: That is a separate application process . Separate permit . Mark Rogers : Okay . But my understanding is though is that it would be grandfathered under the same sort of process or this kind of umbrella that — this procedure is here today . At least that 's the understanding I got from Kate . - Aanenson: Yeah , that should have been included on there because he 's stating that as part of the grandfathering issue . I don 't think we 're disputing that . It showed up on the 1981 inventory . That should be included . Mark Rogers: Another question I have is conerning the number of boats . I just want to be clear . There would appear that you 're count method for - boats on shore now does not include any canoes . There is one canoe rack and it can have , I think the new ordinance states up to 6 canoes on it so that the boats you 've listed now , 3 on shore , do not include canoes and in our case , over turned fishing boats laying on timbers . Now what they were in 1981 , I don 't know what was there . Whether they were boats on trailers . Boats with motors on shore that were beached . I don 't know . With that I guess I 'd just like to respond as required to discussion and allow other people to make statements . I believe this is going to be somewhat of an interactive process . - Ahrens: I 'm sure there will be some questions for you Mark . Thank you . Would anyone else like to speak on this? Step up to the microphone . _ Pete Warhol : I 'm Pete Warhol . I live at 3831 Leslee Curve and I 'm the Treasurer of the association . Anything that 's built , to my understanding , anything built in Pleasant Acres or property owned or sold by Mrs . Anderson becomes part of that association . My count is , with the lots in Pleasant - Acres and then the lots in Country Oaks , we have 113 lots and I know now that on TH 7 across from the fire house , I think that 's Mrs . Anderson 's property too and there 's I don 't know how many lots but there 's several - houses that are built there and they 're going to be in the association . I just wanted to go on record with that . Ahrens : Okay , thank you . Mark Rogers: Yeah , the number of homes is not limited to just Pleasant Acres . . .All of the land described on . . . Ahrens: Okay . Would anyone else like to say anything? State your name and address for the record . Tom Merz : I 'm the fictitious Tom Merz that you quoted so I thought I should perhaps defend myself . I don 't know where this 16 to 18 boats that I said that was on there in 1981 . Planning Commission Meeting June 3 , 1992 - Page 10 — Mark Rogers: I said 15 . Tom Merz . 15 . I was trying to draw a parallel to last time when we were talking about how we had designed through planning of this Lake Minnewashta because I also served on the Planning Commission and I served on the Park — and Recreation Committee for I don 't know , 8 years . And part of this was finding a way to control the riparian , non-riparian use of this lake . I think what you 're saying is that we said that there was like 50 boats that _ should be the non-riparian type of use and we said that by the time the park was introducing about 40 boats and that Pleasant Acres was introducing 20 and there was 3 or 4 housing areas that were introducing boats . Probably that we are doubling and tripling the non-riparin use on it . — That 's the statement I think I would have made . For me to say that there was 15 boats on there is something I wouldn't have said . My opinion is , number one I support that 1982 baseline . I think that for all of you who — haven 't been on Lake Minnewashta . As you drive along Lake Minnewashta and you see all of these beautiful homes with 1 or 2 boats on it . One for sure . Maybe 2 and finally you come to this outlot and you see a smaller outlet than the conventional and you see 16 boats on that thing . To me that 's objectionable . I think that you people are here asking for 16 boats to go onto our lake . It would be like saying , let 's take our housing area and we 'll knock down a few homes and put in a nice parking lot and we 'll — see 16 cars sitting up there in the middle of their housing area . So to me to think that 16 boats on a small lot is acceptable , is something that 's completely out of , is not something that I would support . I 've come here — tonight to perhaps ask you people that our issue is , we 've got access to that lake through the park . We 've got an area to bring on an extra 20 or almost 40 boats so if you would do your share of using your 4 to 6 boats , whatever was there in the 1982 baseline , it would be very simple to come — onto this lake and we could start preserving Lake Minnewashta instead of trying to build up this lake use so that we 'll continue to deteriorate what we 've got . And I think that 's my main purpose for talking here . I think — that the '81 baseline as we 've hassled with this thing for so long . We had agreed to the '81 baseline and there were 4 or 5 boats there . You substantiated this last time and I totally support that you do not go above_ this 4 to 6 boats . I was at a Planning Commission , or not a Planning Commission but as you know this Council meeting , the main Council meeting and they took where you had voted the Trolls Glen and substantiated for that thing to say , stay 2 or 4 . I think it was 2 boats . And they used the premise about some pre-existing covenants . But to say that this applies . We are never going to stop what we 're trying to do here and that 's the outlots that we have developed for all of these neighborhoods do not , any — of the new ones , do not have access . I mean they do not have boats for overnight storage . We had agreed to grandfather this thing in for the '81 or '82 baseline and to now come back and bring this thing 300% or 400% , _ I mean that 's against what we 've all worked so hard for . So that 's all I have to say . Ahrens: I have a question for you Tom . You said you don 't remember that — there were 15 boats there in 1981 . Do you remember? I mean do you have any recollection at all of 1981 and what that beachlot looked like? Tom Merz : Gee , I 've driven by it but to say . Planning Commission Meeting June 3 , 1992 - Page 11 Ahrens : I don 't have any recollection of 1981 either . Tom Merz : No , but I know that they did a survey . The City did a survey and they took pictures . It was substantiated . So that 's all . Mark Rogers : I stand by my statement and I would challenge the City to go - back and listen to it 's video tapes and transcripts . Ahrens: Okay . Would anyone else like to address the commission? One - thing , either Kate or Paul . Maybe you could explain why we 're using . There seems to be maybe a misunderstanding of why we 're using the 1981 baseline . Aanenson: That was the level of use . Even though the ordinance said roll back to 1982 , January of 1982 . That 's what the ordinance stated . Basically what we 're looking at is the level of use for the summer prior to that . So is that what your question was? How 1981 . Ahrens : There seems to be a misunderstanding that maybe 1981 was just a - date pulled out of the sky someplace . Aanenson: That 's when the new beachlot ordinance went into place that requiring , and I talked to Mr . Rogers on that this afternoon . There was a concern that he said you know , when we adopted this new ordinance , what is non-conforming mean? Non-conforming means that you can 't expand so I tried to explain to him the only way you can expand non-conforming is by going to - the Board of Adjustments and asking for that relief . So what we 're trying to do now is figure out based on what information we 've got and information they 've provided , what that level of use was for 1981 . And that 's what the - ordinance that we recently adopted states . To try to go back to the level and determine what that level was . Ahrens : Okay , is there a motion to close the public hearing? Emmings moved , Ledvina seconded to close the public hearing . All voted in favor and the motion carried . The public hearing was closed. Ahrens : Tom , do you have anything to say at all about this? I hate to put you on the spot like this . Tom Scott : No , I wish I could be helpful but I 'm not familiar with your recent ordinance . . . This memo is just a generalized discussion about expanding non-conforming use which relates to the Pleasant Acres beachlot - back in 1988 . Aanenson: The clarification , as I just briefly read it too , and this is - what Mr . Rogers and I were talking about earlier today is that it talks about the expanding of the number of homes into the beachlot . It doesn 't talk about the expansion of the level of activity of the beachlot and I think that 's where the confusion lies . I think Roger 's point is that if there 's more homes being brought into the association , that may be acceptable but what our understanding is that the level of beachlot use should remain stagnant at the 1981 level . Planning Commission Meeting June 3 , 1992 - Page 12 Emmings : Not that more people couldn 't use this . - Aanenson : More people can swim and go down there , fine . But the level of the docks . Emmings: The facilities and the number of boats would remain the same . Ahrens : The public hearing is closed but if you 'd like to make a short comment , that 's fine . Resident : Yeah , if you read the whole thing it talks specifically about an - example of a marina in Wisconsin where they extended the length of the dock and expanded the boat storage . It is not just the number of boats or the number of people . It is the size of . . . Ahrens : Well I don 't think that we 're going to be giving a legal opinion up here tonight . First of all , we are not in the position to do that . That 's left up to our City Attorney . Steve . Emmings : I 've just got a couple of things . I guess first of all , I do live on Lake Minnewashta and I 'd agree with his comments that they do a - nice job of maintaining the beachlot . As a homeowner on Lake Minnewashta , the only thing that bothers me about , two I guess is the things that bother me the most about the beachlots that are non-conforming are the cars that _ are parked on them and they 're used to launch boats . I don 't like that but both of those things they clearly were doing back in 1981 and I think we can 't really do anything about that . As far as the number of boats is concerned , that 's obviously the biggest issue . It says that in 1981 our - survey showed that there 4 boats at the dock and there was room for 6 boats so I want to be sure I understand that that 's 4 plus 2 . Or does it mean that there was 4 boats and there was room to dock 6 more? - Aanenson : 4 plus 2 . Emmings: 4 plus 2? And then the 1981 survey also showed that there were 6 boats on land . So in 1981 there were 10 boats on that beachlot . Is that right? Aanenson : Correct . Emmings: Do we have photographs of those boats? Aanenson : I have photographs from last summer and the boats that are on land . Emmings : I 'm talking about 1981 . So when they say 6 boats or 4 boats on the dock and 6 on the shore , we don 't know what they 're calling a boat right? - Aanenson: The notes that I have from the person that did the inventory , the boats that were on the dock specifically said motorized . Emmings : Okay . How about the ones that were on land? - Planning Commission Meeting June 3 , 1992 - Page 13 Aanenson: It just says land . There 's no comment as to what type they were . - Emmings: Okay . Well then I have a question for Mark . Apparently the docks seemed to have been half the length in . Well no , one was 60 and one was 48 feet according to the '81 survey and now we 've got 2 docks that are 96 feet long . As they sit today at 96 feet in length from the shoreline to the end . First of all , is that an accurate number do you know? Mark Rogers : To my knowledge it is . Emmings: How deep is it at the end of the dock? Today . - Mark Rogers : Approximately chest deep or so . Emmings: 4 feet . Okay . I guess the way I 'd come down on this . There 's evidence that there was 10 boats there in 1981 and I 'd be comfortable with the 10 boats . The dock length , it doesn 't make any sense to me to ask them to cut the dock back to a depth that would be less than our ordinance presently allows . Aanenson: Except for this is an L shape so I 'm not sure that that argument is getting out to meet that 4 foot in depth holds because it goes out and - then takes . Emmings: Well except that it 's the 96 feet that gets them out to 4 feet I think is what he 's . The L is another 67 feet . Now that is clearly longer . Well no . You didn 't measure the L in 1981 right? That 's what our report says . - Aanenson: Right . Emmings: So we don 't have that number . And then the T dock is 96 with , and then the top of the T is 12 feet but we don 't know what that was back in 1981 either . So if the 96 feet I guess is getting them out to 4 feet , that is fine with me . It doesn 't make sense to restrict them . To make them cut the dock in half because they have to be able to get out to that depth as far as I 'm concerned . Our ordinance allows it now . And anything else , I don 't know if there are any other issues really are there? - Ahrens : The 7 power lifts . Emmings: Well yeah . Now we haven 't talked about lifts before as we 're working our way through this but it seems to me that 's just , either you tie your boat to the dock or you put it on a lift and raise it up . I don 't see that that makes any difference . I think that ought to be . If we allow a certain number of boats , whether that boat owner uses a lift or just ties - it to the dock or pulls it up on shore , it seems to me is up to the association and the boat owner . I wouldn 't get involved in that . But I 'd allow it I guess . Ledvina : I also support the 1981 survey . It 's from the direction of the City Council . That 's clearly the way they want us to deal with these non- al Planning Commission Meeting June 3 , 1992 - Page 14 — conforming beachlots and I would also support the 10 boats that were _ documented in 1981 . Other than that I have no further comments . Ahrens: What about the dock? Do you have any problem with the size of the dock? Ledvina: No . That 's fine . Conrad: Homeowners were notified . Haven 't heard from anybody on either side right? Of this beachlot . I think I can , one thing that 's photographed quite a bit are lakes and beaches and whatever . There are a — lot of homes in this association and I think the one thing that would sell us is if somebody came in and showed us how many boats where there . It 's not that people don 't take pictures of the lake so if you don 't agree with what we come up with tonight , I think that the homeowners themselves really— have some power in proving what was there because other beachlots owners have come in and done that and we pay attention . So again I 'm going back to '81 . '81 is our baseline but if you can prove something different — versus hearsay . Something that has some merit in it , I think we 'd all listen . I think what you 've proven and what the staff inventory shows , and I think a liberal approach on our part . Far more than what we 've really — given anybody else . At least on this level . Maybe the City Council has given more but I think that 10 , given the 10 boats that were inventoried or possibilities , I guess I 'm comfortable with that . That that can be proven . And all the other things that the homeowners or the beachlot request permit— is asking for . I 'm comfortable with the seasonal dock . 96 feet . Now I would be uncomfortable with that but especially if a local or a neighbor showed up but no neighbor showed up . — Emmings: You should also know . I 've got 125 feet of dock out and sometimes have more . Conrad: And it takes that much. Emmings: And I have neighbors with 150 to get out to 4 feet so that 's not — uncommon I think for our lake . Conrad: Okay . _ Bill Finlayson: Dick Wing has a 160 feet . Conrad: He uses that for a runway I understand . Is Dick here? — Dick Wing: I missed that . Conrad: We were just making light of length of docks Dick . Dick Wing: I didn 't get it . . .you 've obviously measured it . — Bill Finlayson: Well , I 'm pretty sure about that number . Dick Wing: I can 't tell you . How long is it? — Bill Finlayson: Between 150 and 160 . Planning Commission Meeting June 3 , 1992 - Page 15 - Dick Wing : And what does the ordinance say? Bill Finlayson: That will get you out to about 4 feet . Aanenson : 50 feet or whatever it takes to get you to 4 feet in depth . Conrad : I 'm just challenging . I just want to make sure that that 96 . Ahrens : It 's just a joke Dick . - Conrad: Dick , watch it on TV . It 's going to be pretty good . So as long as everybody 's comfortable with that 96 takes us to 4 , I 'm comfortable with that too . And all the other requests . The only other thing , we 're talking about with other beachiot owners or homeowner associations . We 're talking about milfoil signs . As you know , we don 't allow private accesses anymore . All the lakes are so , we 're all so concerned with milfoil getting into the lake that we really want your association to post milfoil signs and although that doesn 't catch it , at least it might make your association members as they bring boats in and out a little bit more sensitive . That is really a huge issue . You have the right to have the boat launch . It 's - grandfathered in but you 've got to control it and you 've got to make sure that , I think the city is going to get you some . Aanenson : Yeah , thank you for bringing that up Ladd . I had written that down . I was going to mention that when you got done with your comments . That we do have a name and we 've given those to the other associations that have boats launched to put the sign up . Conrad: That 's all . - Erhart : What do you mean in your summary that the dock is 96 feet. by 67 feet in length? Aanenson: It 's an L shape . It goes out 96 feet . Mark Rogers : The dock itself is 3 feet wide and it has two sections of 32 feet . . . Erhart : I just wondered , the way that 's written now , is there some potential to use that later to add more confusion and make longer Planning Commission meetings . In another 8 years when you review this again and argue about the same thing . Aanenson: I think when we do the permits , we 're trying to synthesize this - information . Erhart : If you could make that a little clearer I think it would be - helpful . The ordinance now says that you can have 50 feet or whatever it takes to get to 4 feet . Aanenson: A depth of 4 feet . Erhart : Why is the term 50 feet in there at all? Planning Commission Meeting June 3 , 1992 - Page 16 Ahrens: Maybe there 's some place on the lake that it gets to 4 feet at 25 feet out . — Erhart : Do we , in our current ordinance , are we trying to deal with off street parking at all in this new ordinance? Off street parking and trying_ to document that today . Are we . . . Aanenson: Yeah I guess we want to because we 'd be concerned if they try to expand that . — Erhart: Is that on the other applications? Aanenson: Yes . Some of them do . The last two that we had . Both had off street parking . Sunrise and Frontier Trail . Erhart : Is it separate than off street parking . Okay , so we 're definitely trying to document . That 's clear that that 's 10 . Okay . The ordinance , on a new beachlot we would allow . There was no canoe rack in 1981 , is that right? There was a canoe rack? — Ahrens: There were no canoe racks noted in 1981 . Erhart : There was no canoe rack , okay . Is there one now? There is one now . Aanenson: Yes . Erhart : Now that would normally be allowed on a new beachlot now . Aanenson: Yes . Erhart: And the chemical toilet 's been there , that was there in '81? — Aanenson: Yes . Erhart: The only issue is the number of boats . In a new ordinance now , — how do we determine the number of boats? If someone came in with a new . Aanenson: Three . — Erhart: Three? So we don 't distinguish between boats on land and boats in the water or anything? Aanenson: Well we say 3 can be docked . They can have a canoe rack holding 6 . Erhart: So it appears that really the , it 's almost arbitrary . The only thing we can do is go back and look at the one instance . Somebody went out and looked at it and whether it was busy that day or not , I guess is , — without photographs is going to be real hard to determine . Conrad: Well , as staff inventoried it and the homeowners can show us pictures . Planning Commission Meeting June 3 , 1992 - Page 17 Erhart : Yeah I know but at that time there was no appeals process for the inventory or no interaction . Somebody just went out on a certain day and counted the number of boats . Ahrens: As they did with all the other beachlots . - Erhart : Yeah , so whether it was a good process or a bad process , I guess will be determined . Given that then , I guess I 'd go along with what everybody said with 10 and suggest that if the people involved in this can come back and show that there was actually more useage , then they should do that with the City Council because 10 is as good a number as any at this point . - Ahrens: Okay . The location of these docks , there 's no . Is there any question that the perpendicular extensions don 't . - Aanenson: The extensions still are within the 10 foot setback . Ahrens : Okay . To be consistent , you know this has not been an easy process for us at all . You 're not the first beachlot to come before us . We 're trying to be consistent with the 1981 baseline unless there is other information and it 's tough also bringing pictures in and documenting that the pictures were taken in 1981 . I mean you know , I don 't know what kind - of evidence that is . Conrad: It depends on the boats . Erhart : Type of swimsuits . Ahrens : 1981 style . Conrad : Emmings as a child would be running through it . - Emmings: A very young child . Ahrens: So the kind of documentation that I think the City would need to — document the 1981 use would have to be something more than a picture because how could we tell when the picture was taken . I don 't know . It 's kind of a tough thing . - Erhart : A lot of photos have dates . Conrad : They used to . Ahrens: Yeah , in the 50 's and 60 's . If it 's dated , that 's great . Yeah , if it 's dated that 's great . Anyway , I 'm going to go along with the 1981 survey also because it is the only thing that we have documentation of at the moment . The power lifts , I have no problem with and the size of the docks , I don 't have any problem with . Do we have a motion? - Mark Rogers: And the toilet is included . Everyone understands that? Emmings : Let 's just talk about that for a minute . Now we 've got a separate conditional use permit for chemical toilet now but they had one Planning Commission Meeting June 3 , 1992 - Page 18 back in '81 and that 's been documented . So that 's grandfathered in as to that ordinance even though the purpose of that ordinance is in large part — to protect the lake from these things spilling over . We still can 't regulate their 's , is that right? Aanenson: That 's my understanding . Emmings: That 's a funny idea because you know they could stop me from dumping my sewage into the lake and hooking up to a sewer and stuff like that . Why wouldn 't this be similar? Krauss: I think it is . If in fact this chemical toilet were leeching into — the lake and causing a pollution problem . Emmings: Oh! So it would have to cause a problem . You 've got to stack up _ some dead bodies before you can . . . Ahrens: How is this being maintained. Maybe Mark can tell us how . Mark Rogers: It 's presently being maintained by BFI . How it was done in 1981 , I don 't know . Ahrens: But currently you have a contract with BFI and they come out? Weekly or something? Emmings: How often do they get at it? Resident : Weekly . Emmings: Okay . That 's what we 're requiring in the new ordinance . It sounds like you 're doing it anyways . Aanenson: It 's set back . It meets probably what would be required if they came in anyway so that 's why I guess we didn 't see a problem . Ahrens: One more thing Mark as far as the letter you have from the firm Roger Knutson used to work for . If you have a question about that , perhaps you could forward that to Roger and get an opinion about that and you can talk with the staff about that . Do we have a motion for the second time? — Emmings: I ' ll move that the Planning Commission recommend approval of the Pleasant Acres Non-Conforming Recreational Beachlot permit with 10 boats — and essentially the docks as they exist . And everything else stays essentially the way it was in 1981 except I note that there was no canoe rack in 1981 and there is one now apparently . Conrad: They 're asking for one . Emmings: Yeah . And I 'd have no problem with that . — Aanenson: Can I ask for clarification? Emmings: Yeah . — Planning Commission Meeting June 3 , 1992 - Page 19 Aanenson: Then on the boats on land , that would be included in total number of boats? - Emmings: Well yeah . I was afraid , yeah . Aanenson : Well canoe rack , we 're assuming you can put 6 canoes in there . — I guess we can put it that way . Is that what you 're assuming? Emmings : Yeah , I 'm assuming that the canoe rack is . Any boat that 's not a powered boat . A sailboat 's fine . A 12 foot fishing boat is fine . I think we lived through that when we talked about canoe racks originally . Canoes are fine but not boats with motors . — Conrad : And you agreed with the power lifts? Emmings: Yeah . And the rationale there is the lift is just one way to — dock your boat and why get into it . Ahrens : Is there a second? Erhart : Yeah , I ' ll second it . Emmings moved , Erhart seconded that the Planning Commission recommend that — the Pleasant Acres Non-Conforming Recreational Beachlot be allowed to have two docks , one 96 ' x 67 ' in length and the second one 96' x 12' in length , with space for 10 motor boats to be docked , continued use of the boat launch , parking , chemical toilet , motor vehicle access , and swimming beach . All voted in favor and the motion carried . PUBLIC HEARING: BLUFF CREEK ESTATES, KEYLAND HOMES LOCATED SOUTH OF HWY 5 ON THE EAST SIDE OF AUDUBON ROAD: A . REZONING FROM A2 , AGRICULTURAL ESTATES TO RSF , RESIDENTIAL SINGLE FAMILY . B . PRELIMINARY PLAT TO SUBDIVIDE 61 .45 ACRES INTO 78 SINGLE FAMILY LOTS . C . WETLAND ALTERATION PERMIT FOR CONSTRUCTION WITHIN 200 FEET OF A WETLAND . Public Present: Name Address _ Dave Johnson 821 Creekwood Gayleen Schmidt 8301 Galpin Blvd . Rod Grams 8640 Audubon Road Gary Horkey 3471 So . 173rd , Jordan — James R . Hill 2500 CR 42 , Burnsville Richard Schuller 2724 Isle Royale Court - Sharmin Al-Jaff presented the staff report on this item . Planning Commission Meeting June 3 , 1992 - Page 20 _ Ahrens: Sharmin , I have a question about , on page 2 of your report where you talk about Willians Pipeline Company with their 75 foot easement . And you state that , the third sentence down . Your questioning the design of two lots , Lots 10 and 14 , Block 2 , that they 're buildable . What about all the rest of these lots? Like I guess Lots 11 thru 13 also and 29 and 30 . Al-Jaff : Usually when we look at a parcel , we make sure that you can place an average home with dimensions of 40 x 60 feet . You can place a 40 x 60 feet on those parcels . Ahrens : On these other ones? Al-Jaff : Yes . Krauss : If I can add too Commissioner . The easement is useable as rear yard area . The home just can 't be in it or a deck can 't be in it but gardens , yards , possibly even play structures I suppose can be within that - area . Emmings: How deep is the pipeline? Al-Jaff : Normally it 's 3 feet . Krauss: The pipeline itself? Al-Jaff : Yes . Emmings: Is that all? Al-Jaff : When we spoke to the pipeline company , they said becuase this area has been farmed , they might have lost some soil but normally it is a depth of 3 feet . Ahrens : But there 's no problem with Lots 11 or 13? They could fit a 40 x 60? Al-Jaff : We don 't foresee problems with it . Unless they decide to build - extremely large homes which then we would recommend that they find different sites . Ahrens: I hope the City makes sure that there are signs put up in their backyards warning them not to plant trees back there . Al-Jaff: Williams Pipeline usually sends their staff to meet with people - that live along the easement to educate them about problems that might take place if they should dig in that easement . Ahrens : This is a public hearing . Is the applicant here? Hill : Madam Chair , if I may . Jim Hill . Consultants for Keyland . _ Ahrens : Sure , would you like to step up to the microphone please . - Planning Commission Meeting June 3 , 1992 - Page 21 Jim Hill : Madam Chair , Jim Hill . Consultant for the applicant and the applicant here is represented by Gary Horkey who 's a principle of Keyland Homes and Dick Schuller who is their sales and marketing director who will - speak to the two lots that staff had concern about . Show you how their homes can fit on those lots . 10 and 14 . And then Rod Grams , the fee owner who 'd like to speak to you about the homestead driveway . If we may . Dick Schuller : We had an opportunity to meet with staff here a few weeks ago . She gave us a chance to look at this and suggested that we come up _ with a couple , some plans that would fit on the lot . What we did is we had the engineering company . . . And the line that you see across the front there is the setback in front of the house and your 10 foot setbacks on the side . The line in the back is a 10 foot setback along the pipeline - easement . Now an FHA loan you 'd need to be 10 feet away from that easement because all these homes are , in the range where they 're really not going to be getting that basic financing so conventional financing you can bring - your house all the way up to the dotted line . So we 're within 10 feet away from that closest point . 10 feet away from the easement line . Ahrens : What about a deck on that? Dick Schuller : The deck would be on the west side but you 're also 10 feet away so you 're 10 feet plus whatever this space is which is a good another - 10-15 feet on that side so you could put a real large deck there . This is the house that one of our nicer homes that we 'd be building . This is the plan that . This would be the sketch if we got it platted out on Lot 14 . So it would be real easy for us to be able to build that house on that lot . We don 't see that as a problem at all . Ahrens: Why does the City see that as a problem? Dick Schuller : It 's really difficult to see sometimes on a small picture so we 've measured it out . Ahrens : Sharmin? Al-Jaff : We didn 't think that you could fit a house easily on it . It would be a tight squeeze . Ahrens: What do you think of what he 's saying here? Al-Jaff : What are the dimensions on it? Dick Schuller : I had a little picture of it . This house here is 60 feet wide and the deck on it is 34 feet . So it 's not as deep of a house as 40 foot . That makes 60 of the different although when I think she originally drew that up there was a concern about this 10 feet . Trying to stay 10 - feet away from that back easement line . That really isn 't a requirement on a conventional home so as long as we don 't need to stay within , as long as we go up to the easement line . . . But it 's just less of a concern because - of that . Krauss : It 's our position that the developer has an obligation to demonstrate that the lot 's buildable in a reasonable manner . In this case Planning Commission Meeting June 3 , 1992 - Page 22 — it appears that he 's done so . I would ask you to let the condition stand and we would work on this a little bit more prior to City Council . You — konw I don 't think they 're doing that in this case but if you can squeeze a certain building footprint onto a limited site and it doesn 't mean that it has a great deal of flexibility . In this case it looks like there is ample— room . And I guess keep in mind though that again that utility easement is a great deal of open space . It is not , I mean it 's the termination of a buildable area but it 's not the termination of useable space . But we 'd — like to research that a little further . Ahrens: Okay . Dick Schuller : That would be your one lot . This would be the footprint on that one house . The other one is just , even easier for us to work on . The garage would be on , right there . We have movement left and right . . .street — real well and then curves the way . . . Lots of space for decks out in the back on the left side here . Or we could put the house around here directly . . . Ahrens: Would you like to address any of the other conditions set forth in the staff report? Jim Hill : Madam Chair , the Keyland Homes accepts the report except for the comment regarding the two lots which they 've shown they can build on . And then Rod Grams would like to address the driveway on the homestead . The other conditions are acceptable . Ahrens: Thank you . Jim Hill : I think he said he only has an hour to talk about that driveway . Rod Grams: I 've only got an hour . — Ahrens: You do? Rod Grams: To keep you here . Thanks . I 'm Rod Grams . I currently live on the homestead and as most of you I don 't know maybe are familiar with the house , it 's a Chaska brick farm home and it has a lot of historic value in the area and we 've gone to great lengths in this project to try and — maintain that historic value of the house . Part of the Planning or in my view is we 've tried to put it on a larger area because of the uniqueness of the house to blend in with the rest of the subdivision . But to take away — those two driveways would destroy the character I think of the way the house sits now on the site because it wouldn 't then match with the other three homes along the same street . So what I 'm proposing is that the — driveways be allowed to remain as they are because it is only for the one house . And again it would stabilize or maintain the integrity of the site as it is and the way the house is there now . So if you take those driveways out and to push it off to the back I think would not maintain the— integrity that is there now . Ahrens: Do you see the driveways following the westerly lot line of 8 and — 7? Lots 8 and 7 . - Planning Commission Meeting June 3 , 1992 - Page 23 Rod Grams: No . I would like to see them stay where they are . The existing . — Ahrens: Where is it now? Rod Grams: They come out to Audubon Road . And like I say , it 's only for - the one house so I mean you wouldn 't get that much traffic from it but to just leave the site as it is . Because to take the driveways out and to change it , it would also change the whole apperance of the house and it wouldn 't . Conrad : Why would it do that? - Rod Grams : Because of the way it 's setting there now . I think the way the house is and the historical preservation efforts that have been made of all the houses in that area . So I think to take the driveways out , I mean you - would change the whole appearance of what it is now . And we 've gone to great lengths to try and keep the house and to keep it and to blend into this subdivision but it 's unique and it should stay that way from the rest of the subdivision . Conrad: The driveway comes from Audubon and it goes straight up to the front of the house? Rod Grams: Correct . Between the house and the garage there on the side . Ahrens : It was a safety issue the city was concerned with right? Al-Jaff : Correct . - Rod Grams: But it 's there now . Ahrens : But there aren 't the other two roads . That Road E and Road D . - What 's the minimum on a collector road? Hempel : Access we consider 500 feet . I 'd like to point out that Mr . Grams , is there in fact two accesses to that lot? Rod Grams : Yes . - Hempel : It 's a horseshoe type driveway at this time so actually it 's two driveway entrances to that lot . - Ahrens: Do you want to maintain the horseshoe? Rod Grams : It 's been there all along , yes . I mean it 's been there for , it was build in 1900 's so I mean . Erhart : Yeah but you 're tearing down the barn right? - Rod Grams: That 's right . Erhart : So I mean you aren 't leaving it the same . Planning Commission Meeting — June 3 , 1992 - Page 24 Rod Grams: But we are trying to preserve the house the way it is . And the— house is unique and to take it away and try to move the driveways out , then you 're trying to take a nice big old brick farmhouse and trying to conform it to a lot where we 're going to be building a newer house so it 's not the — same . So we 're just asking that the uniqueness that is there now, to stay there the way it is . Hempel : If I may add another point . We will be requiring deceleration and acceleration lanes into and from site and that may also impact the driveway access to the existing house there . Ahrens: I 'm kind of confused about your vision of access to Lots 7 , 8 and 9 . The City 's . Sharmin , in your staff report you said it should be pointed out that Lot 9 should also gain it 's driveway access off the — interior street Road E . Are you expecting then that all three lots , 7 , 8 and 9 have access off of Road E? Krauss: No , I don 't think that 's ever been proposed. We would typically put a condition in there just to make sure that that doesn 't happen . Erhart: 9 is the temporary one right? — Al-Jaff: Correct . That 's when they will build a model home . It will be sharing the existing driveway . That 's where Road E goes then . — Dick Schuller : The reason we . . . This road right here , we 're going to be trying to be into the Parade of Homes this fall . Our concern is that this street may not be ready yet so we were hoping to be able to come — temporarily off of Audubon through Rod 's driveway to get to our house . When this street comes in , then this driveway 's going to go here across from Audubon . . . So that would just be temporarily that will be hooked — up . . . just for a month until , and we 're not even sure that that will be the case . It depends upon how long or where we 're at on the street . Emmings: There 's nothing that keeps you from putting in a paved driveway over that easement? That 's fine is it? Ahrens: Williams Pipeline allows a paved driveway over that? — Al-Jaff: Yes they do . Jim Hill : Madam Chair if I may . Exhibits indicate that driveways . . . Rod 's talking about the homestead maintaining his own driveway along with the Chaska brick home and not take away the individual access as there are _ some other Chaska homes , brick homes on Audubon and not as proposed by staff to bring a driveway from here . Rod Grams : We want it to remain . I mean if it does have historical value — and to have it retain that is important I think . I think the access there is going to set it apart . Ahrens: Okay . Anything else? Thank you . Would anyone else like to address the Commission? - Planning Commission Meeting June 3 , 1992 - Page 25 Erhart moved , Ledvina seconded to close the public hearing . All voted in favor and the motion carried . The public hearing was closed . - Ledvina : One thing that I noticed as I was going through the information here . I have some questions regarding the variance that was proposed for that building . I 'm wondering if staff could explain how the situation - meets the criteria for a variance because frankly I don 't see specifically why it 's being proposed . Krauss: Well , this explanation is not going to fall within the normal legal context of a variance , which frankly was the reason that I wanted to get a range of variances reviewed by the Planning Commission instead of the Board of Adjustments . The Board of Adjustments is very good at taking a variance in it 's usual hardship context for a garage or for a deck or you know , to make a lot buildable . What they 're less adept at doing is taking a proposal , a development proposal in total , you know that does this thing - work? Is this variance not so much a hardship but does it reflect the way this property should reasonably be developed . And in this case we thought it did . I mean theoretically you can bump property lines further out to eliminate the variance . Conversely you can , or alternatively you can require that the garage be torn down and moved . I mean we 've done that . If the garage is not in great shape , we 've had that done in the past too . But in this case there 's a tree line back there . It lends itself to be the - appropriate place for the property line . Moving the property lines significantly raised some problems with interior lots further in . So while I can 't tell you that it 's a traditional hardship , it does fall within the realm of things we 've considered at times in the past . So I hope that , that probably didn 't put your mind at ease . Ledvina : You know I look at the issue as far as the vegetation is concerned and in the winter there isn 't vegetation and you can see thru tree lines . Our activities , our approvals at this point don 't in the future prevent those trees from dying or being taken out . I see the issue - with maybe contrasting building styles with an older shed or garage there with newer style houses on , I 'm not so certain that that really works together and I 'm wondering if we should try to separate that as much as possible by the ordinance . Is there another mechanism we can use besides a variance to allow this type of situation? Krauss: Short of not catching it in the first place , no . There really - isn 't . I mean it does exist . Now again , there are alternatives and the alternatives do include bumping the line or tearing it down . I 'm looking at the lot right behind it . Lot 5 is a 16 ,000 square foot lot and it 's possible that we could kick the lot line around a little bit to mitigate that . I 'm not sure we can eliminate it . Ledvina : That would make that lot 14 ,500 roughly . 14 ,500 feet and that would be less than if you took it off the whole map . Krauss : No , it 's 16 ,000 now . Ledvina : Right . You could just do that along the southeast part of that lot line . Planning Commission Meeting June 3 , 1992 - Page 26 — Krauss: We can sure look at trying to do that . — Ledvina: Yeah , I would be against the condition for the variance . I just don 't believe that it meets the intent of , or the letter of the variance and I think some alternatives should be investigated for that . Otherwise I — really didn 't have any other comment . Emmings: I agree that we should do something other than a variance . Maybe— we can be more flexible . I still think though . . .and I think if something can be done to eliminate granting variances , it should be done . If they make that lot in back a little smaller , I 'd rather have it that way . As far as the driveways go , I guess I don't know how much distance there is between the ends of the two ends of the U and particularly to the one to the south would be more concern . There 's only one person going to be using that driveway so it isn 't a lot of use but would you regard that as being — unsafe or too close? Hempel : It sets kind of an example for the other 5 homes also that are — adjacent to Audubon Road which someday will be developed also . Their access on a horseshoe driveway , granted it may be single use or whatever but they do generate average 8 to 10 trips a day . It 's an additional curb cut along the road and it may also impact an acceleration lane and so — forth . Ahrens: What 's the speed limit on that road? — Hempel : Right now it 's 45 . Actually it 's probably a rural standard , south of Huron Drive it 's probably 50 mph . There's a crest there however with — some sight distance but eventually when the road is urbanized , similiar to what was done north of this development where it made the 4 lanes with curb and gutter and so forth , use is intensified . More curb cuts out there . Speed limit may be reduced to 35 or 40 eventually . Emmings: Does the County have anything to say about the number of accesses onto that? — Hempel : No . This is not a county road . This is a city street . Emmings: I guess what I 'm trying to get you to commit to is , do you think that it 's a bad situation? A situation that should be avoided by us? Hempel : We believe it is , yes . Or at least limit the driveway down to one— access . Emmings: That was my next question . If we take out the U and just give - him a single drive in , would that make you feel any better? Hempel : Every little bit would help . — Krauss: If I could put into context . I don 't remember the exact amount of traffic that 's being forecasted by the Eastern Carver County Study but I thought it was somewhere in the neighborhood of 6 ,000 to 8 ,000 trips a day . — Emmings: For? - Planning Commission Meeting June 3 , 1992 - Page 27 - Krauss: When this area is fully developed . TH 101 right now is 10 ,000 trips a day so if that puts it , you can get a feel for that . So 50:-60a of what you see on TH 101 today is going to be the ultimate traffic on Audubon - Road . Emmings: Another alternative might be to give them one driveway and put a driveway easement across TH 7 and put that in our pocket in case it 's ever deemed to be a hazard? Krauss : You can certainly use that as a fall back position but those - things tend to , if they 're not utlitized at the outset , they typically won 't be . Also , as Dave points out , we do have similar situations with the Chaska brick homes across the street . Now they 're all sitting on 5 and 10 - acre lots . In fact , the developer of Lake Susan Hills . Hempel : Joe Miller Homes . Krauss: Joe Miller Homes is talking to us about the possibility of developing directly across the street from the north road . And that one is a Chaska brick home . It 's Willy Molnau 's . And we 've even seen a concept - for that one and as I recall , I thought it was going to access internally off the new street . - Hempel : I 've never seen it I guess . Emmings: It 's hard sitting up here to know whether this is dangerous or not dangerous . I think as a general rule we should limit the number of accesses onto Audubon but I can see the point of wanting to maintain the driveways since everything is oriented that way and my position on this I guess would be that we go along with the , I 'm going to have to go with the City Engineer and say that the driveway is going to have to go out through Lot 7 , unless the applicant can convince the Engineer from now until the City Council , that it 's a safe thing to do . That 's all I 've got . Conrad: For our front yard width , what do we do? Especially on cul-de-sacs . It has to have a 90 foot width at what kind of setback from the road? Al-Jaff : 50 feet setback . - Conrad : And all these do meet that? Al-Jaff : Correct . Conrad: There are a lot of narrow lots here and fairly deep . The square footage by the depth . But I guess I don 't have a concern with that . I am struggling , I don 't think we should grant a variance that was for the out - building or the garage . But I am struggling with the curb cut for the farmhouse . And I kept looking for another way to design this and I can 't do it in 5 minutes . I have a tendency to want to grant one curb cut for the Lot 8 . My concern is the , what is necessary for safety for Road E and 0 and I don 't know that right now . Therefore , my tendency is to go along with Steve 's motion until the applicant can sell our engineer on the safety and the engineer knows the acceleration and deacceleration lanes . I think Planning Commission Meeting — June 3 , 1992 - Page 28 the farmhouse orients to the road . I guess that tends to sell me that it — should have Audubon access but I 'm going to go along with a motion similar to Mr . Emmings to allow the applicant to . I 'm concerned about safety and I need the applicant to be talking to the engineering department on that one .— That 's all . Ahrens: Any discussion? _ Erhart: Yeah I do have some . Maybe I 'm tired and crabby but you know , for 6 years I 've been trying to get a plan on this Bluff Creek Greenway . Six years ago a development came in and put houses where I thought we — should have preserved a corridor . We were real lucky back then because that development never got built . We all committed at that time to lay out a plan so when south Chanhassen got developed , and properties which include— Bluff Creek came in , that we 'd have a plan . I walked out there this afternoon and I had no foggy idea where , in walking around that property , where the backs of those houses are going to be relative to this greenway _ corridor . I 'm looking at it and looking at the contours . I hope it doesn 't interfere with the vision that I share with a lot of people on this greenway . But after this thing gets approved , the worlds not going to move it . I hope all of you , we got it on the action tonight and I don 't — understand why the Park and Rec , who is spearheading this effort? Park and Rec or is it us or who? Krauss: Park and Rec has really taken this and hopefully is running with it . Erhart: Running with it? Krauss: There is no plan that exists . We have been taking land to get the trail corridor in . — Erhart: I 'm not talking about a trail corridor . We 're talking about a greenway here . — Krauss: Well the greenway is there Tim . Erhart: Maybe your idea of there and my idea of there might be two -' different things . Krauss: I think you 've got a substantial amount . That 's the half of the — greenway that happens to be on this property . The other half is on the other side . The creek channel itself is way up there . Erhart : Okay , the line that you cross , does that include what 's currently tilled also today down there? Krauss : Yes . Part of that is . — Rod Grams: No , the line falls just about . . . Erhart: So the tilling would be on , it 's under the high water mark or above it? - Planning Commission Meeting June 3 , 1992 - Page 29 Rod Grams : Some of it goes below . . . Erhart : Well , I 'm not asking to hold this up but I think we 'd would use - this to tell us . Al-Jaff : We were out there and . Krauss : We 're a little confused . I mean Rod lives there and obviously knows the place a lot better than we do but we were convinced that there is tilling in this corner . And then when we get up on the Ryan piece , I know - that some of that area . . . Rod Grams: A lot of that is meadow grass right now . There might be some - tilling . . . Krauss : But in any case , there is a substantial amount of land being reserved so that we not only have green space . Frankly the green space there , it is not , we 're talking about a ditched creek in this area and I think at some point in time the city 's going to want to come in and do tree planting and whatever else along there . Erhart : Right , and what you 've got to have to do that is you 've got to have enough high land so the trees will live . You can 't plant oak trees - and maple trees in a wetland . That 's my point here . Krauss: That is true . But a lot of this area is out of the wetland proper . It 's mostly in the flood plain . 100 year flood plain . Erhart : I couldn 't relate this plan to that and that 's why I think it 's important that we get in and we , just like we 're doing on TH 5 . You know everybody who lives north of TH 5 wants to get this TH 5 defeined . Well I want to , for 6 years have wanted to get this Bluff Creek greenway defined so when we got plans , we could actually compare it to some elevations and say , okay . Yeah , this is reserved for a future greenway and we 're not going to have people 's properties and we may have to buy that land at that time but today I 'm real concerned that we don 't know what we 're doing and I can 't tell . Krauss: Well I 'd certainly support the idea of the Planning Commission stating a desire to have a specific plan developed for the corridor . You - know we have gone on record of going to the Park Board and asking for just that and there is a meeting on June 18th that has , a special meeting that has to do in part with the potential of a golf course . But the other part of that agenda is Lance Neckkar from the University who 's worked with Bill Morrish and us on the TH 5 matters , did a design for a Bluff Creek Park that was featured at the Minneapolis Art Center . I have not seen it yet myself but he submitted that for design competition and I 'm kind of hopeful that that 's going to get the ball rolling to do just what you 're asking . - Erhart : Yeah , that 's my concern . In the future when the city , you know we all talk about preserving open space and to me this is the perfect example of doing that . In order to get what I envision as a Bluff Creek Park , Planning Commission Meeting June 3 , 1992 - Page 30 you 're going to have to have trees on either side as a buffer between the trail and the developments along the park . — Krauss: Yeah , clearly that 's the case and clearly that 's not available in this area . It would have to be planted . But while I can't . Erhart: It 's high landed . The question is , is there adequate upland to plant oaks and maple and stuff with this plan? Between the backs of the houses . — Krauss: Based upon what I know now , I 'd have to say yes there is . And again , we 're talking about land that might flood every 50 to 100 years . — Erhart: That won 't kill trees . Krauss: While unfortunately Tim , I can 't show you the plan for Bluff — Creek . I know that at a staff level we have some very firm ideas as to what that might embody and we 've taken , you might recall on the Ryan development we took that outlot with the island in it and the creek that has the only mature trees left south of the railway tracks . We 're working with the railroad to get the underpass . The Hans Hagen development fits into that concept and we 've been working to get that further north and then_ with MnDot so there 's a lot of things happening . There just is not a plan showing how it 's going to work . Erhart: Well I just ask that we get on with this . I would ask that the — Commission consider this and if the Park and Rec isn 't moving on it , that we assume responsibility and get on with it . Maybe take that later on in discussion so let me go ahead with this . Should we be doing anything here — today to provide utilities to Lot 1 , Block 1 in Sunridge Addition? We should have in our mind when that lot gets developed , that that be an urban lot . Let it be divided into 4 or 5 logical lots and get it on the tax — rolls . Krauss: We have not been requested to do that . We spoke , I mean I think we spoke to the person that bought it . That does cause a problem . That is the problem that we 've been telling people about that Timberwood 's going to face and Sunridge Court 's going to face . That you have one lot , two lots left that are going to attempt to be rezoned . Remember this is not RSF land . But at the bottom end of a large lot , rural cul-de-sac is somebody 's going to sooner or later request urban density . That 's a tough one . I 'm not certain the city 's going to look on that kind of thing favorably . I 'm sure the neighbors , reasonably sure the neighbors wouldn't . I don 't know — if that 's a reality . Erhart: I 'm not trying to decide that today . I 'm just asking. — Krauss: As far as the ability to serve? Erhart: Ability to put in sewer and water into that lot . Are we doing anything today that would . . . Krauss: I guess I 'd defer this some to Dave . My understanding is that there is a utility easement that comes down through that area and we could Planning Commission Meeting June 3 , 1992 - Page 31 possibly look at terminating something there . Hempel : I was just going to point out that utility service to these phases , Phase 1 will be served from the sanitary sewer line . . .extending down Audubon Road on the west side which will serve approximately an area here to , from Audubon Road to approximately here . The remaining area west - of there will be served at a later date or next year I guess when the trunk interceptor is brought up along Bluff Creek and then crosses across Bluff Creek to service that area . Because of the lay of the land , it drops off - very severely , elevation wise , it doesn 't work without bringing this line across from Bluff Creek . So at that time we can make a provision . They are providing a drainage utility easement across here . I believe it was for the watermain extension and storm sewer in this area to stub out sanitary sewer lines to service in the future these lots . Erhart : Okay , so there is an easement there? Hempel : There is an easement in Sunridge . - Erhart : What about this development? Is there an easement here? Hempel : Yes . They are providing a 7 1/2 foot each side and we 're recommending that be increased to a 10 foot wide each side . Erhart : Okay . So if somebody wanted to come in and petition to get that moved into the MUSA line , they have the provisions to hook in? Krauss : It is within the MUSA line . Erhart : No , Lot 1 isn 't . Krauss : Yes it is . . . - Erhart: No , I 'm talking about Sunridge . Oh it is? Okay . Alright , so he can get access to sewer and water? - Hempel : That 's correct . With future phases . With this first phasing , no . Erhart : What are we doing , Paul or Sharmin , what are we doing on water _ quality with regard to I guess our swamp committee . Basically trying to ensure that every development has post runoff that 's equal to pre runoff . What are we doing in this plan to assure that? It wasn 't clear to me . We 're not adding any holding or any retention ponds or anything . Hempel : With this first phase , they are not providing any interim storm sewer ponds , retention ponds . The ultimate plan does provide two retention _ ponds on the westerly portion of the development . If you look at the grading plan provided there , it will show two small retention ponds . Erhart : Okay . Now is that discussed in here? Hempel : We have made mention of it in the staff report , yes . In fact in the conditions of approval I believe it 's also stated . Planning Commission Meeting June 3 , 1992 - Page 32 Erhart: Okay . The lots backing up to Audubon Road Sharmin, are they , given that they 're double sided lots , do they meet all the standards regarding depth and setbacks? Al-Jaff: Yes . Erhart: Okay , so we 're sure that there 's adequate room to put in this landscaping that they 've shown here , which the way it looks on this drawing is great . But is the drawing what we 're really talking about doing here? — Krauss: We would commit them to this landscaping plan the same as any other developer . — Erhart: Yeah . It doesn't look like they 're going to have much of a back , well it looks like their whole back yard is going to be wooded the way this_ looks . Is there a berm there at all? Al-Jaff: No , there isn 't . Erhart: No berms . Our ordinance does not require , or our new landscaping ordinance does not require a berm there? Krauss: It 's either/or or both to accomplish the goal of providing screening . Erhart: And you 're satisfied? Krauss : They 're doing quite an extensive landscaping plan . Erhart : Alright . Well I didn 't notice the berm although I missed the ponds so . Okay , I agree with Steve and Matt there . You know as much as I 'd like to , it doesn't make sense to worry about the 20 feet. I just think we can start getting into a habit of allowing variances just . . . makes sense . That 's the problem but it 's also what 's right with our system of ordinances . I would agree that we should try to keep the things meet the ordinance . Thought I was done didn 't you? Okay , now we get to this conservation easement . I noticed in the Minutes you didn 't take that up at the last meeting . Or did we? Krauss: No we didn 't . You asked that it be . Erhart: Yeah . And I know I 've asked that we do this and I 'm not going to _ get into detail tonight but I 've got a couple questions . Help me . What do you mean by a conservation easement on what is a finch row of trees . What does that mean? What is this conservation easement going to say? Krauss: Well , you know unfortunately I have a copy of the conservation easement on my desk upstairs . It basically says that the developer 's not allowed to remove it and it even says , as I recall , that the homeowner can — thin and maintain and remove diseased trees . Otherwise , the trees are to remain . Erhart: He can 't take trees out? Or thin, what does that mean? Is that the terminology that 's used? Planning Commission Meeting June 3 , 1992 - Page 33 Krauss: I don 't recall exactly . I mean I 'm hoping that Roger 's - terminology is more explicit but I don 't recall . Erhart : Well , the point I wanted to get into the discussion was that I guess I am of the belief that a homeowner has the right to do what he wants with his trees and we shouldn 't get ourselves in the position here of essentially defining people 's lives so strictly that we go in and tell them what trees he can remove in his yards . I don 't want to get into that - discussion here because it 's not the subject on the agenda but again we 're asking for that and I think we need to really think that out . Now in this case , are we talking about conservation easements just on the , it seems to - be at the discretion of the staff . Are we talking about easements just on the trees along the north boundary? _ Krauss : Yes . We considered doing it on other trees that are highlighted as being preserved in this plan but we reasonably didn 't think that they stood much of a chance . - Erhart : Okay . If we 're going along the north boundary , I guess I don 't have a problem because they 're in the back yards but once again , I think it 's a subject we need to discuss because I think we need to think it through and we 're starting to see a lot of these things and to the extent that the one development we actually changed our setbacks to preserve trees and quite frankly , I just don 't , why we have a problem with developers , used to have problems with developers cutting down trees . Most of them - don 't do it today . We had one and I 'm all for holding them to the fire but when we get to the homeowner , that 's where I want to have this discussion . So I 'm okay with as long as we stick to the north area . I think it 's - impractical to get in and try to , this tree control thing so . The Park and Rec recommended that the city acquire ownership of Outlot A . And it appears to be , then change to where we 're asking the developer just to turn over Outlot A to the city . Is that , does the process seem equitable? Or is that we 're just doing that or what is our city 's , what is the process for making these things equitable? - Krauss : This is our means of preserving the Bluff Creek corridor . In terms of equity , first of all we 're talking about land that has marginal values since it 's all in the flood plain and can 't be developed anyway . - Secondly , there is a cost offset and as I recall , the Park and Rec Director 's report is that in exchange for the land , they are not going to be required to pay trail dedication fees . Erhart : But then it adds in , they 're putting in a , I 'm a little confused . Aren 't we asking them to actually put in a trail? - Krauss: No . We 're asking them to put in a stub of a connection . What that does is it 's to provide access from this development to the future trail system that the city has to develop . Erhart : Alright , so we 're not asking them to put in some trail that we haven 't really defined yet? - Krauss: No . Planning Commission Meeting June 3 , 1992 - Page 34 Erhart : Okay . Why did we ask the developer to remove the island that he was proposing on . . .? Hempel : We delete them for maintenance purposes . Vehicular access to it and so forth . Snowplowing reasons . They 're essentially in the way . They 're a maintenance problem if there 's landscaping and so forth on it . Typically what goes in them is a landscape monument with a light shining on it or something like that . A more appropriate place for that would be on a lot corner entrance . One of the corner entrance . Erhart : What do other cities? You know Eden Prairie has got a number of — them . Hempel : Some cities have them . Some don 't . Ahrens : Have you ever seen what our snowplows do to the curb? They destroy them . Ours are destroyed every single year . Curbs and gutter . Hempel : It 's hard on our trucks too when they hit them . Ahrens: Huge chunks of concrete out every single year . It seems like they _ need really expansive space in order to move the plows around , and they don 't even make it then . Erhart : Well again , maybe that 's something we need to discuss outside this development but again , I think they add character to the city . I hate to see it , just reject them cart blanche without some kind of value decision . I 'm not an expert and that 's not the kind of thing I 'm going to decide by — myself but again I would hope that we 're just not throwing them out without some due consideration because I think they do give it some character and again , after or before we maybe recess tonight , if anybody 's interested in discussing it , then we should throw it out and do it so . Right now , help me understand this . The City trunk sewer and water improvement project will include construction of 8 foot sidewalks along the west side of Audubon Road . Yet the trail coming down to this development is on the east side . How does that all work out? Krauss : I don 't know that any of us can adequately explain that . There were two separate public improvement projects that occurred . We had a group of residents that fought having a trail put in . Made it cross over . I don 't know . Dave , do you have anything? Erhart : We 've decided there 's going to be a cross over? Krauss : There 's actually several . Al-Jaff : There will be two . Erhart : Oh , you 're kidding . Ahrens : Back and forth across Audubon Road? Emmings: How many trips a day? Planning Commission Meeting June 3 , 1992 - Page 35 Hempel : Originally it was proposed to have a trail , the trail system down along the east side of Audubon Road with the original Audubon Road improvement . However , I believe the Council felt at the time that there would be no use for a trail south of Huron Drive because there was really no development south of there . And so at that time they felt to leave it out until future development warranted it . I believe with Ryan Business Center , there was a trail proposed . Sharmin , is it on the west side? Ryan 's Construction . . . It also looped back through the business center , if - I 'm not mistaken . Erhart : So we do have a plan for a trail . Once you get from Park Road along the east side , is that the way I see that? Al-Jaff : Correct . - Erhart : What is this on the west side then? Krauss: The original Audubon Road improvement plan , if I recall correctly - two years ago , was supposed to put the trail down the east side of Audubon . Area residents fought that . There were some trees located in the right-of- way that would probably have had to be removed . Trail work put in as proposed . There 's a consequence the City Council didn 't put any trail in at all in that area . Erhart : Now that 's developed? Is it too late to get a trail in there now? Krauss: The road project that had the trail attached to it is finished . Erhart : Yeah , I mean we still can get a trail on the undeveloped land next to it perhaps or not? Krauss: When that land develops , yes . Erhart : Okay . Well , alright . Outlot extends to the east , okay so that 's the trail . On page 10 , that 's the trail you 're talking about . Okay , I - guess that 's all . Again just a couple points here . The Park Commission 's recommending that no development occur in the wooded area . What does that mean? Al-Jaff : Disregard that . Erhart : This is driving a point with me . We 're getting some and I 'll tell - you what . I planted more trees in this city than anybody ever has but we are getting to the point where we 're tree nuts . The idea of not putting them in , the urban forest is something that 's alive and over 30 years - people do plant trees and today , I 've read someplace recently again where because of urbanization there 's less trees in our city . That 's a bunch of crap . There 's less trees in this city when it was farmland . There 's a lot more trees here today than there was 50 years ago . It 's a living thing and trails are something that you put in and trail easements are permanent hundreds of years . The idea of not putting _ in a trail because there 's a tree is crazy . And not putting in decent setbacks because there 's a tree is crazy . Those are permanent . Trees are something you can plant and in 30 years you 've got a shade tree . This city 's going to be here 100 years Planning Commission Meeting _ June 3 , 1992 - Page 36 and 200 years so we 're setting a pattern here . I think we 've got to really evaluate where we 're going with this tree stuff . So I think that 's all the things I 've got . Ahrens : That 's it for you? Erhart : That 's it . Ahrens: Do you have anything specific on the wetland alteration permit or the rezoning? Sharmin , on page 11 . The lot width and page 12 and 13 . There 's a number of them that appear to be less than the required 90 feet . - Al-Jaff : Those are on cul-de-sacs . If you take the setback of 30 feet , then you would meet the 90 foot width required by ordinance . Ahrens : Okay , so every single one of these that 's under , it goes on page 14 and 15 , it seems like a lot of lots here . I count 29 lots . Al-Jaff : They 're either on a cul-de-sac or on a curve and the ordinance allows it . Ahrens: Okay . Do you have a condition in here , maybe I just missed it about the applicants demonstrating to the staff that a house and deck can be placed on those two lots? Al-Jaff : It should be in the preliminary plat . Ahrens: Maybe I missed it . Krauss: We believe there was one that probably dropped out in the editing process . There should be one . - Ahrens: Okay , and that should be in there? Krauss : Yes . Ahrens: And also I think we should have a condition that all driveways in the development not exceed 10% grade . This seems to be an issue with - several of the driveways right? Al-Jaff : It 's in condition number 11 . Ahrens: Okay . Is there a question for any of the other lots besides Lots 25 and 26? Maybe we should just in general put . Because it 's not just _ those two lots we 're concerned with . It 's any lot in the development . Al-Jaff : Correct . Hempel : It appeared based on the contours that they provided that those were the only two lots impacted at this stage but if further modifications are done , so it 's known that 10% is our maximum grade . Ahrens : On page 6 of your report , Sharmin you talk about protective measures being implemented for using snow fences and other means during the - Planning Commission Meeting June 3 , 1992 - Page 37 construction period . Do you have that in there? On page 6 , your second full paragraph? Al-Jaff : I don 't have it as a condition of approval . Ahrens : And it should be . I have kind of a cryptic note in my notes here — and I 'm not sure what I 'm talking about but someplace in your report you talk about redesigning and raising lot grades to minimize runoff toward Audubon Road . That 's in here as a condition? If not , it should be . Hempel : Condition number 11 , I think one of the sentences could be expanded . Ahrens : Pardon me? Hempel : On condition number 11 , midway through it . The applicant shall — amend the grading plan for Phase 1 to accommodate future upgrading of Audubon Road . That 's where it was implied the back yards should be graded . Ahrens : Maybe we should make it more specific because the concern seems to be pretty specific about the runoff . I agree with everyone here who said there should be no variance . I think that 's a good idea . The driveway access , I think we should somehow try and have a driveway access there . I - don 't think the main goal of the city is just to make sure that cars travel as quickly as possible down roads . As long as we 're building residential neighborhoods along collector streets , I think that we should be concerned — with what they look like and how liveable they are and the character of the city . Erhart : I didn 't follow your recommendation . Conrad : What 'd you say? — Ahrens : That there should be a driveway . We should allow a driveway . Conrad : A curb cut? Ahrens : A curb cut , yeah . A driveway out to Audubon Road . Erhart : Just leave it the way it is . Emmings: Single or U? -- Ahrens : It doesn 't matter to me . I mean whatever can be worked out with the engineering department . I don 't see that the horseshoe , it hasn 't been proven to me that that 's a dangerous situation so . Emmings : Has it been proven that it 's safe? I mean in his opinion . Hempel : It may be safe at this time but we 're looking long range down the road . Down the way as the road capacities are reached . Ahrens: But also as the road capacity is reached , the traffic slows down - right? Planning Commission Meeting _ June 3 , 1992 - Page 38 Hempel : The speed limit changes , yes . Typically it probably would in that - area somewhat . Still there 'd be some concerns with turning movements into the driveway and so forth . Ahrens : How many trips a day do you think Mill Street has down at Excelsior? Where CR 17 ends up . And there 's curb cuts all along that street . There doesn 't seem to be any problem . They get a Iot of traffic . You know what I 'm talking about? Krauss : They also have lots of speed traps along there . Hempel : 30 mph I believe too . Ahrens : 30 mph , yeah . Okay . I don 't have anything else . Is there a motion? Conrad: Let me ask one more question because I 'm confused about the trail on Audubon . On this parcel . Where is the trail on Audubon? -- Al-Jaff : West off Audubon Road . Conrad : Okay , it 's close to the tree . Erhart : On the street? Al-Jaff : It 's part of the public right-of-way . It 's not on the property and the landscaping is being installed on the property . Ahrens: Kind of like Lake Lucy Road . Conrad: And is that the way we 've been doing trails? That the city has been developing the trail? Krauss: It 's actually been a combination of either it 's in the right-of- way or occasionally there 's a separate easement provided . Within the downtown sidewalk system and Market Square here is not going to be in the public right-of-way . It wasn 't originally in the public right-of-way . It was in an easement , off street . It 's really a matter of how wide the - right-of-way is and can we accommodate it within it . In this case we can . Conrad: And who 's responsibility has it been to build the trail? Krauss : We have done it with public improvement projects . Hempel : As we upgrade the section of street to urban standards , we would include the trail section at that time . In some cases however we have made the developer actually go back . Or include it in his project to build it at this stage . - Conrad : I have a recollection that we have done that . So we are doing it two different ways . Hempel : I believe in this area because it 's kind of a piece meal , we have development down here . We have no development up here yet so you 're going - Planning Commission Meeting June 3 , 1992 - Page 39 to have a stranded piece of trail out here with no connection inbetween . I think that 's where staff believes that the trail system will be built under an improvement project with the upgrade of Audubon Road . Erhart : At 50 feet it 'd have to be on street right? - Hempel : It would be within the street right-of-way , yes . Erhart : It would be on the inside of the curb . Hempel : It would be between the curb and the property line . Erhart : Oh it would be on the outside of the curb like a sidewalk then? Hempel : That 's right . Typically it falls one foot inside of the property line on the right . One foot towards the street . Erhart : 50 feet gives you adequate? Hempel : Yes . Emmings: Mr . Grams has left and don 't we have a standard condition that in the year an approval is given to a plat , the applicant has to declare - himself a Democrat? Haven 't we used that before? Ahrens : That was one of the conditions that was left out too . Emmings: We 'll add that in . Ahrens : Steve , you 're making a motion right? Emmings: Sure . I 'll approve that the Planning Commission recommend the City Council approve Wetland Alteration Permit #92-6 with the conditions - contained in the staff report . Conrad : I second . Emmings moved , Conrad seconded that the Planning Commission recommend approval of Wetland Alteration Permit #92-6 with the following conditions: - 1 . All wetland areas will be protected during construction by Type III erosion control . All erosion control shall be maintained in good condition until the disturbed areas are stabilized . 2 . The wetland area remain undisturbed . 3 . The applicant shall receive a permit from the Watershed District . 4 . The applicant shall meet all conditions of the Subdivision #92-5 and Rezoning #92-3 . All voted in favor and the motion carried . - Ahrens: Motion on the Rezoning . Planning Commission Meeting June 3 , 1992 - Page 40 - Conrad: I move that the Planning Commission approves Rezoning #92-3 , property from A-2 to RSF per the staff report 's two conditions . Erhart : I ' ll second . Conrad moved , Erhart seconded that the Planning Commission recommend approval of Rezoning #92-3 property from 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 . The applicant shall meet all conditions of Subdivision #92-5 and Wetland Alteration Permit *92-6 . All voted in favor and the motion carried . - Ahrens : Do we have a motion on the Preliminary Plat? Emmings: I 'll move that the Planning Commission recommends the City Council approve Subdivision #92-5 as shown on the plans dated May 4 , 1992 subject to the following conditions . I 'll stop right here and emphasize that I 'm striking the language granting a variance . It will be all the - conditions in the staff report . With regard to condition number 6 , that deals with the driveway for Lot 8 going out to Road E over Lot 7 . I would move that that language be retained in here with the understanding that we - feel that it may be appropriate for the character of the property to have a driveway of some kind going out to Audubon Road , but that it will be the burden of the applicant to get to the City Engineer and see what they can _ work out between now and the time of the City Council hearing . With regard to condition 11 . Joan raised an issue that I didn 't understand with regard to runoff . Making something more explicit about runoff going out to Audubon Road and I want that one changed to be more specific to take into - account the comments that she made , which will be in the record . There will be an additional condition number 16 , that between now and the time of the City Council hearing the applicant should work out with city staff _ whether or not Lots 10 and 14 in Block 2 are in fact buildable . And then an additional condition number 17 related to the language on page 6 of the staff report having to do with trees designated for preservation as was also pointed out by Joan . Erhart : Before someone seconds . I have a question . The last one on the tree conservation easement . That 's what Steve? - Emmings : That 's on page 6 . The second full paragraph be added as a condition that the trees designated for preservation shall be protected by _ snow fence . Erhart : Could I ask you to change 7( d ) where it says conservation easements over all designated tree preservation areas to conservation - easements over areas as designated by staff . Would you agree to that? - Planning Commission Meeting June 3 , 1992 - Page 41 Ahrens : What 's the point of the change of language? Erhart : Because now you 're requiring essentially to have a conservation - easement over every colored area on this map . And Paul 's already said that he doesn 't plan on doing that . - Krauss : And I think that 's mentioned in the staff report too . Emmings: Okay , that 's what I meant . Erhart : Alright , then I ' ll second it . Emmings moved , Erhart seconded that the Planning Commission recommend approval of Subdivision #92-5 as shown on the plans dated May 4 , 1992 and subject to the following conditions: 1 . All storm sewer drainage pipes should be designed for a 10 year frequency storm utilizing a rational method . Storm drainage retention pond , detention areas and outlet piping shall be designed for a 100 year frequency , 24 hour single event using the "SCS Method" established for use in Minnesota . The discharge rate shall not exceed the predeveloped runoff rate . Ponds shall also be designed to "NURP" standards . All storm retention ponds shall be constructed to NURP standards . 2 . All utility and street improvements shall be constructed in accordance with the current edition of "City 's Standard Specifications and Detail Plates" . Detailed street and utility construction plans and specifications shall be submitted for City Council approval . - 3 . The applicant shall apply and obtain permits from the Watershed District , DNR and other appropriate regulatory agencies and comply with their conditions of approval . 4 . Watermain systems shall be designed to ensure adequate fire flow for the site . Design calculations shall be submitted to the City Engineer to verify pipe size . 5 . The applicant shall enter into a development contract with the city and provide the financial security to guarantee compliance with the terms of the development contract . The final plat shall be contingent upon the City Council authorizing and awarding a public improvement project for the extension of trunk sanitary sewer and water facilities to service the site . 6 . All lots shall access from interior streets and not Audubon Road . _ Street grades shall not exceed the 7% maximum street grade per City ordinance . A deceleration/acceleration lane shall be provided on Audubon Road . The center island shall be deleted from the southerly access street ( Road E ) . The existing driveway to the site shall be relocated to access from the northerly loop street through Lot 7 , Block 2 . A cross access easement shall be convenyed to Lot 8 , Block 2 with the understanding that the Planning Commission feels that it may be appropriate for the character of the property to have a driveway of Planning Commission Meeting June 3 , 1992 - Page 42 some kind going out to Audubon Road , but that it will be the burden of the applicant to get to the City Engineer and see what they can work out between the Planning Commission and City Council meetings . 7 . The final plat shall be amended to include expanding the 15 foot wide drainage and utility easements to 20 feet wide and extending the drainage easements through Lots 12 and 13 , Block 1 . The following easements shall be provided: a . Dedication of all street right-of-way . b . Conservation and drainage easements over all protected wetland and _ ponding areas . Provide access easements to allow the city to maintain all ponding areas . c . A 20 foot wide utility and drainage easement over all sewer , water and storm sewer lines located outside public right-of-way . d . Conservation easements over areas designated by staff . - e . Standard drainage and utility easements along each lot line . f . Dedication of Outlot A to the City . 8 . All necessary permits shall be obtained from the pipeline company for any grading or construction activity within the pipeline easement . 9 . Fire hydrants should be spaced approximately 300 feet apart throughout the subdivision in accordance with the Fire Marshal 's recommendations . — 10 . All areas disturbed during site grading shall be immediately restored with seed and disc-mulched or wood fiber blanket within two weeks of _ completing site grading unless MnDot 's planting dates dictate otherwise . All areas disturbed with slopes of 3: 1 or greater shall be restored with sod or seed and wood fiber blanket . 11 . Until Phase II improvements are completed , interim sediment and/or retention ponds shall be constructed and maintained by the applicant to accommodate Phase I storm runoff . The applicant shall amend the grading plan to take into consider the runoff from the back yards for Phase I to accommodate future upgrading of Audubon Road ( urban design ) . The grades on Lots 25 and 26 , Block 3 shall be redesigned so the driveway grades do not exceed 10% . The applicant shall supply earthwork calculations for both phases to the City Engineer for review . Erosion control fence along the westerly portion of the development ( Phase II ) adjacent to the wetlands shall be the City 's Type III . Additional erosion control fence ( Type I ) shall be installed on Lots 7 , 14 and 15 , Block 3 and Lots 8 , 10 and 11 , Block 1 as check dams . 12 . Outlot A shall be deeded to the city . In consideration for this , full trail fees will be credited . An 8 foot wide bituminous trail shall be constructed from proposed Road E to the rear of Lot 1 , Block 1 and Lot 1 , Block 3 . _ Planning Commission Meeting June 3 , 1992 - Page 43 — 13 . The applicant shall convey to the City a temporary street easement for the temporary cul-de-sac at the end of Road E . In addition , a sign shall be installed on the barricades stating that the street will be extended in the future . All street right-of-way for all plat phases to be dedicated with Phase I platting . 14 . The developer shall acquire the required utility construction permits from the PCA and Minnesota Department of Health . 15 . The applicant shall meet the conditions of the Rezoning #92-3 and the Wetland Alteration Permit #92-6 . 16 . The applicant should work out with city staff to provide whether or not Lots 10 and 14 in Block 2 are in fact buildable between the Planning Commission and the City Council meeting . 17 . Trees designated for preservation shall be protected by snow fence or other means acceptable to the City _ All voted in favor and the motion carried. PUBLIC HEARING: INTERIM USE PERMIT FOR EARTH WORK/MINING OF A GRAVEL PIT , LOCATED AT 100 FLYING CLOUD , TOM ZWIERS , MOON VALLEY AGGREGATE . Public Present : Name Address - Richard and Gayle Vogel 105 Pioneer Trail J .E . Brill , Jr . , Esq . 100 Washington Avenue So . , Mpls , 55401 Tom Zwiers 9390 26th Street , Lakeville Paul Krauss presented the staff report on this item and went through the City Attorney 's Findings of Facts . - Erhart : In this case , how do you know when you excavated below the water table? - Krauss : Well , we looked at the possibility of putting in a single elevation . A not to exceed elevation but in the City Engineer 's opinion , the ground water elevation was fairly variable across the property . Erhart : A lot of changes . Hempel : Sample borings can be taken to determine what the water level is - in a specific area there . It 's kind of to document the water table . Water tables do fluctuate with seasons so it is a difficult to pin point a certain elevation . You do receive modeled soils after just a couple feel underneath the surface in some areas in fact . So it is a difficult answer to give at this point but we feel by random borings to determine the water table would give us a significant benchmark if you will . Planning Commission Meeting June 3 , 1992 - Page 44 Erhart : In your opinion it 's not excavated below the water table now? Hempel : In some areas , we do have well waters of adjacent properties where — the wells are 145 feet deep . Static water level is about 90 feet . As you come to the bluff lines and so forth , the water table does eventually get lower through a transition of the soils . In this case , some areas , it 's possible . It could be on the surface ground water . The aqua firs , the city wells are and so forth are 300 and some feet deep . The wells though in adjacent neighboring properties may only be 90 feet . 100 feet deep . Erhart : Do we have anything that limits the depth of this dig at all? I mean like below highway level or any arbitrary level? Krauss: Maybe this is something Mr . Scott can get at . I mean we had an earlier plan submitted to us in the original packet that we effectually called it Dig to China plan and there was a reason for that . The applicant _ has told us repeatedly that they reserve the right to dig the mineral out wherever and whenever it exists . Now what we 're saying is , yes . You probably do but within limits of protecting public health and safety , we have the obligation to see that it 's properly managed . Tom , do you want to clarify that? Tom Scott : That 's essentially it . We can limit how far they 'll dig if we — have valid health and safety reasons for doing that . Ahrens : What would be one? What would be a valid? Tom Scott : Well ground water is the primary one that we have right now . Erhart : Yeah . A second one would be , well if you 're requiring 2 1/2 to 1 — slopes , eventually you get to a point I guess so there might be another one . I 'm trying to visualize where do we stop it . Krauss : The important thing to note there though Commissioner Erhart is 2 1/2 to 1 slopes are finished grades . Mr . Zwiers ' plan is to take out considerably more than that and then put stuff back . Erhart: Put what stuff back? Krauss : There 's over burden . There 's black dirt . Other material may be — trucked into the site . Erhart : I wonder if we just shouldn 't set some kind of feel for , I guess _ my feeling is we should have maybe something in mind here as an agreement with the owner here that there is some point where we all agree you can 't go below that or something . Does that seem reasonable? Or desireable I guess on your part . — Krauss: It 's desireable . Again , I go back to the fact that this is not a normal application and we 're somewhat constrained . — Tom Scott : Certainly that , if we can reach an agreement with the applicant on that issue , that 'd be preferable . Krauss: He 'd know our expectations then . - Planning Commission Meeting June 3 , 1992 - Page 45 Tom Scott : Right . But to this point in time , that hasn 't been the posture _ that the matter 's been put in . So what we 're looking at right now is regulating based on health and safety issues . So we 're not really in a position where we could set certain depth limit . Unless we can justify that by some safety reason . Erhart : Yeah , and you 're using the water table and the problem is , we all agree that the water table is something that you can 't pin down . It 's very - difficult so it might be easier at some point to negotiate with the owner to say look it . Let 's come to some agreement on a level at some point . Ledvina : The water table , you should be able to pin that down within 10 - feet and the scale of this thing is huge so it doesn 't make that much difference . — Erhart : You think you can pin it down to 10 feet? Hempel : A soil 's engineer maybe will be able to determine based on the types of soils and the fines and the sands and so forth . The glacial layers and so forth . Ledvina : Given my experience , I think you could pin down to 10 feet . — Within 10 feet in a certain area . It will vary across the site but you can determine that as well . _. Erhart : But then you change the site and then it changes . Ledvina: Partly that 's true . Due to the differences in recharge . If you _ change the surface water , drainage around the site , that will tend to change the water table as well . Not from strictly removing material above the water table . - Erhart: No , not above . Yeah , okay . Well my concern was that you couldn 't , this wasn 't something that you could really measure . Now if you can measure it , then that 's fine . Paul Krauss continued with his staff presentation at this point . Ahrens: You can 't include that specific language in here? Krauss : I guess I 'd refer that again to Tom? - Tom Scott : I believe it 's covered by Paragraph 1 . They 're going to be submitting the Erosion Control Plan and 1( b ) , correct me if I 'm wrong Paul , as part of that . Or I 'm sorry , 1( d ) , as part of the erosion control plan , a phased plan for site restoration , establishment of ground cover and vegetation would be part of the things addressed in the erosion control plan . That 's basically what we 're talking about . — Krauss: That 's quite true . The context is a little different but the upshot of it is the same . There 's severe problems that occur when you leave that much open , bare land open for periods of years . In terms of - erosion and . Planning Commission Meeting June 3 , 1992 - Page 46 Ahrens: Well should 13 be cross referenced to 1( d ) then? Krauss: The last condition, condition 14 is that there be an irrevocable letter of credit acceptable to the city in the amount of $51 ,000 .00 . Honestly $51 ,000 .00 is far from sufficient to put the site back to it 's — finished situation . Finished grade . But it is a number that we 're comfortable with represents the cost of maintaining erosion control measures on the site and remediating some of the more significant problems . — The ultimate end cost to restoration is something that Mr . Zwiers should be absorbing as his operation goes through . I 'm not certain that we have a real good way of getting a handle on that and consequently this was the — number that the engineer 's office came up with . Ahrens: They should be but that 's implying that it 's not being done? Krauss: Well we have a site that 's been in continuous mining activity . It has not per se been restored yet in any way . Now we do have a single owner on the property . Mr . Zwiers has stated that it is his intent to put the — site back to rights when he 's done with it but there 's , I mean North America is full of mine pits that have been exhausted and then they move on . We 'd rather that not happen to Chanhassen . Erhart : There 's also mine pits that have been restored too . I wonder how the government controls that . Do you have any idea? Krauss : I could be wrong but many years ago , almost in another life , I was working for a firm in Wyoming where you have a lot of open pit coal mines . I believe they have to pay into a federal fund that insures reclamation . — Now you 're talking about reclamation on a very big scale and there was always some questions as to whether or not it was effective . On a more local scale , I mean you could look at Byerly 's in St . Louis Park . That was a gravel pit . Or the new Centennial Lakes development was the Hedberg gravel pit . So I mean clearly there 's examples of doing it successfully . Erhart : The idea of paying into a fund , that's not realistic? — Krauss: I guess I 'd again refer to our attorney . Tom Scott : The alternative of paying into a fund? There 's no legal mechanism that I 'm aware of to do that at this point in time. In a sense under this , they have the alternative of making a cash deposit or letter of credit . That 's the best . Erhart: Except that Paul readily admits that let 's say they abandon the land and go bankrupt or whatever . There 's not enough money there . Then — they should? Tom Scott: Then we have a basis for increasing the amount we . . . Erhart : They 're gone then though . Tom Scott: No , no . At this point in time . Planning Commission Meeting June 3 , 1992 - Page 47 Ahrens : I didn 't understand the answer . Tim said , he was asking what - would happen if they went bankrupt or abandoned the site . Tom Scott : Right , and the ordinance , and as condition 14 is addressing , _ our ordinance requires them to post a letter of credit or a cash deposit to ensure that they comply with the conditions in the permit . So if the $51 ,000 .00 is not a sufficient sum to cover that worst case scenario , the city could , we could increase the $51 ,000 .00 that we 're requiring . There 's - also an annual review of this permit . The ordinance sets up . They 've got to come back every year and during that annual review process , depending on what course the operation has taken , we can review the amount of the letter _ of credit and if we think it 's appropriate to adjust the amount of the letter of credit , assuming we have a rational basis for doing that , we could increase the letter of credit . So they 've got to come back every year for a permit review . This certainly is going to establish a basic - framework but if there 's changes a year or two or three years from now , we can in what 's being contemplated now , we can certainly add additional conditions . Change the conditions and one of the things we can look at is - the amount of the letter of credit . Ahrens: But if we 're so sure that this is an inadequate amount right now , why set it at $51 ,000 .00? I mean between now and the next period of , the next time for renewal they could be , theoretically they could be gone . Tom Scott : I agree . Right . Krauss : I guess when I tell you that it 's not enough to restore the site to the condition that Mr . Zwiers is committing to , I 'm telling you that - from a gut feeling . And Dave and I had some conversations about this and to see if there was a rational basis for establishing a fee in a different manner . We had some difficulty thinking of a way to do that . Ahrens : Someone must be able to figure out the costs of restoring the area . I mean it must be done all the time . - Hempel : We 've got a rule of thumb for restoring a site that is void of vegetation on a rate of $2 ,000 .00 an acre . That 's for replacing topsoil , reseeding and erosion control measures essentially . Granted on a site like this , if we 're faced with sheer , straight up and down slopes , it 's probably going to exceed that $2 ,000 .00 an acre . It probably takes more engineering calculations or even to get an estimate from a couple of contractors to get a little closer ballpark figure of what it would take to restore that site - to 2 1/2 to 1 slopes . Ahrens : I think the city should do that . Erhart : Yeah , that 's assuming that they are left at 2 1/2 to 1 slopes and you could get out there and find out the slopes were higher than that and then you 'd even have additional expense . . . Ahrens : What we want to avoid is a city getting into big trouble on this and standing back and saying we should have done this and this after the — fact . Planning Commission Meeting June 3 , 1992 - Page 48 — Krauss: Yeah , I share the concern and if there 's a rational basis for it . After spending 2 days on the witness stand explaining all that we 've done — to date , and don 't get me wrong. I 'm not reluctant to go back and do it again and it 's probably inevitable that we will . But the Judge is looking for a rational basis for us to support these conditions and we very clearly — made an attempt to do that . I think Dave 's suggestion about asking for some estimates is possibly a good one and maybe that would help . Conrad: Well , what 's the vision of restoration? You can have all sorts of restoration . When you get an estimate , what 's the point of the letter of credit is to restore it to perfect or to restore it to acceptable? I think that has to be a good number and you two came up with something that we — haven 't seen the rationale behind but I think there should be good rationale . I think the applicant should ask for a good rationale for that . We should know what we want it restored to and then our contractor , we — should get some estimates to restore it to that . I think that 's real clear in my mind . I think it 's clear from the city 's standpoint and clear from the applicant 's standpoint . Erhart: Yeah , and the point being , I think we can't figure that number our arbitrarily . I guess we ' ll just leave it as we emphasize that we agree you 've got to have some rational . I guess maybe what the problem here is , — the statement that you made Paul was that in your mind it clearly wasn 't enough and maybe you need to go back and re-rationalize what . . . Krauss: Possibly there 's also a resolution to it with something that Tom suggested . That you can vary this from year to year . If Mr . Zwiers complies with the guidelines we 've established and restores the site on an incremental basis , then the risk of being left holding the bag is — diminished every year . Erhart: You mean possibly lower? — Krauss: Yes . Ledvina: The cost estimates for the restoration should be based on the existing condition at that time and then the final end use plan . And as it gets closer to the end use plan , that cost would possibly decrease . I mean it 's not the worst case scenario as to what exists now and what needs to occur for the end use plan . And I think you should do that on the basis of the engineering . The number of cubic yards that are required to restore the slope . The number of cubic yards of topsoil and seeding. Of erosion — control . I think it can be fairly straight forward in terms of the estimation technique . . . Ahrens: Okay . I think you get the picture of where we are on this letter of credit . The $51 ,000 .00 . Krauss: Well , that sums up our recommendations and review on this . We are — recommending that it be approved with these conditions . Frankly , I wish we had a better prepared package to give you . Frankly , I wish we had a little more latitude on it as well . We 've elected to go the route of saying , — alright . This is what you 've done . It 's satisfied what the Judge said you had to give us and here 's what we feel we need to responsibly make sure Planning Commission Meeting June 3 , 1992 - Page 49 that the site is properly handled . Based on that , we 're recommending that you approve it . Ahrens: Okay . Anything else . This is a public hearing . If the applicant or anyone else would like to address the commission . Please step up to the podium . State your name and address for the record . Jerry Brill : My name is J .E . Brill , Jr . I 'm the attorney for the _ applicant . Our address is Suite 1350 , 100 Washington Square in Minneapolis . Our firm has represented the applicant throughout the proceedings and through the preliminary discussions that preceeded the litigation . Mr . Krauss has indicated to you that he wishes that he could have more latitude in presenting the package to you . He has . The comments I 'm going to make to you are going , the bottom line is going to be that we think he has exceeded the latitude which the Judge has given the city in the recommendations that he 's giving you as they are standing before you tonight . I think a little perspective may at least , it may not change your mind but it will help you understand the position that we 're in and the position we 've been in as we proceed through these hearings . Mr . Krauss has indicated to you that the city has never really contested the fact that we were a non-conforming use and I think that 's correct . There hasn 't been a contest on that issue . We went before the court on really two issues . - One related to the upper portion of the property which Paul described briefly to you where we were going to look for a clay mining permit which is yet to come before you and will be presented in a separate application . - And the Court clearly decided against us and for the city on that issue . That we were not a non-conforming use as it related to that portion of the property . There wasn 't any doubt about that . I will tell you that the facts that were , to support that conclusion were developed as we proceeded into trial this last time and at the trial . There weren 't apparent to either your counsel or to us until we got further into the actual facts so that wasn 't something that we were talking off the top of our heads about . - I mean we really thought we had a case there and it really depended upon the timing of when we bought that property or when that property was first purchased and used for mining as that related to when you adopted your ordinance . It happened to be 1972 which required a conditional use permit for any mining . And it wasn 't until late in the proceedings that the part of your ordinance that requires that conditional use permit was even discovered by either Tom Scott or myself . So we came at it honestly . We really believed that we had the mining there before you adopted those conditions because we thought those conditions were the ones adopted in 1986 when that recent ordinance was adopted which required an excavation permit . It turns out there was an earlier ordinance in 1972 that required a conditional use permit that preceeded any mining on that property which took place just after that . There was a conditional use permit asked for by our precedessor owner , Mr . Griffin Trog . It was never pursued . It was kind of left hanging . Nothing was ever done about it and the Court decided and I think correctly , and I really don 't disagree with that . That we don 't have non-conforming use rights for the top portion of the property . So that kind of disposed of that issue . The other issue relates to the non-conforming aspect . Non-conforming use of the southerly parcel . The perspective I want you to get , at least as far as we 're concerned is that it 's been described to you that the city never contested our non-conforming use status . They didn 't but they did say , even though they couldn 't stop Planning Commission Meeting — June 3 , 1992 - Page 50 us from mining , they could regulate us in mining . Your City Attorney , Roger Knutson wrote an extensive memorandum which was given to the Planning Commission and Council which I think was where the disagreement really _ started . In the memorandum he said , I 'll just quote from it . The available vehicles for regulation are as limitless as the lawmaker 's creativity . That was a lot broader than we thought you had the right to do in terms of regulating . He went on to say in conclusion , the enactment of — ordinances . . .related to the good and welfare of the immediate community will be upheld . We disagreed with that also and I think the Judge found that it isn 't as broad as that . It 's a nice phrase and it 's something we — all kind of thing that we 're trying to protect the good and welfare of the community but there are certain things in the long where you 're limited and interfering with private property rights and in this case the Judge found that you can impose regulations that are strictly related to safety and — health . Now that is only a portion of the description of what your police powers are so there are aspects of your police powers which this Judge found you can 't apply in this case because we 're a non-conforming use . So — the description of good and welfare was just too broad . That Mr . Knutson was giving you at that time and that 's kind of how we got into the litigation . I think his description of where your regulation powers were , — were reflected in Paul Krauss ' response to the application that we made . He did a very studious critique of our application and it went on for a number of pages and it asked for a lot of information about things . About the mining operation that we resisted . We didn 't think we had to do because — they indicated you were trying to regulate us in a way which we thought was beyond what your powers were because we were a non-conforming use . And I think the Court found that you were limited the way we thought you were , to— safety and health recommendations . As a matter of fact , Tom Scott 's letter which is attached to Paul 's presentation to you here . His letter of May 7th says that Judge Kanning in his Order stated that the city must clearly — identify health and safety issues if it is going to impose any of the following types of regulations . That is limit the quantity of the material that we mine . Prohibit mining on any part of the property . Limit the depth to which we can mine . If you 're going to do any of those things , you— can only do them if they 're related to the safety and health . That 's I think what Judge Kanning found . And in looking at what 's being recommended to you , we think that frankly your staff is exceeding that latitude , in — it 's latitude as to what it can do and what it 's recommending to you . And I 'll tell you where we think that that 's the case so you at least have our point of view . Erhart: Can I ask a question? Do you think that we are within our rights to be concerned about effects on adjacent property owners? J .E . Brill , Jr : On adjacent property owners? Yeah but I don 't really think we had any issues regarding that here . Erhart: You don 't? J .E . Brill , Jr : No . Erhart: I think there is . Grading so close with slopes that it 's going to erode their property and affect on wells . That doesn 't have anything to do with neighboring properties? — Planning Commission Meeting June 3 , 1992 - Page 51 J .E . Brill , Jr : I don 't think there is going to be any undergrading of _ their property . I think the undergrading that Paul 's been talking about is undergrading our own property on the bluff . We have been limited up to now to grading within 50 feet of the adjoining properties on either side . One of the property owners happens to be here tonight that you can ask him if there 's an issue there . If you want to ask him directly but we have been limited to grading within 50 feet of the property on either side of us that we don 't own and we would observe that and will continue to observe that . As far as limiting how far we can undergrade our own property or mine on the face over there , that 's a different issue and I think that as far as that 's concerned, we feel we have the right to grade on our own property to the full extent of this southern portion of the property where we have a non-conforming use status . Krauss : Would you like me to clarify that? Erhart : You 're asking , change it to 100 . Krauss: Yeah . What Mr . Brill and Mr . Zwiers are theoretically retaining the right to do , as I understand it is to , you know you have a hill with a property line at the top . They want to knock off their half of the hill and then put it back . In the process of doing that , the top of the hill falls down . That top of the hill is owned by the adjoining property owner and it shifts and slumps onto the adjoining property . That was what our condition was trying to attempt . Erhart : Yeah . That 's all in this report right? That 's in there . Ahrens: Why don 't we let Mr . Brill go on . J .E . Brill , Jr : We don 't think we have the right to do that to an adjoining property owner and I don 't think it 's a matter of the city 's regulation . I think we don't have the right to deprive any property owner of his lateral support . We can 't do that . I don 't think those are the issues here . I think what we 're really addressing but let me go on . The first recommendation that Paul has made relates to erosion control . We don 't think that there is an issue here related to health and safety . We don 't think that 's been strictly related to a health and safety issue and we would resist that condition on a permit . Number 2 relates to the , I 'm going by the recommendations now . It 's not in your Findings . It 's a little bit different but I 'm looking at the recommendations in his Planning staff report . Number 2 has to do with the engineered construction access designed to minimize tracking of mud and debris onto TH 169 and 212 . We have worked with MnDot on this . The last we discussed this with MnDot . By the way , this is an area which we 're very concerned with because it affects our own safety of our own trucks coming in and out of that site so we 're very concerned about that . Mr . Zwiers has talked with MnDot and the last we talked with them , they were unwilling to put any deceleration or acceleration lanes on the highway . Now if that 's changed because of recent conversations that Paul and his staff has had , we 'd just as soon get into those discussions and talk to MnDot about that and see if we can 't work something out with them that will help that situation . We think it 's a problem over there . We attempt to keep the trucks off the highway during the peak hours on the highway and have them working at night . We 've done Planning Commission Meeting — June 3 , 1992 - Page 52 that for a number of years and we know that MnDot , in our last — conversations are unwilling to allow , to limit the speed there to something less than 50 mph and they 've been unwilling to allow lanes in there that would allow deceleration or acceleration . That 's the last of our — discussion with them . We 'll meet with them and we 'll try to accommodate that situation and do what we can but we don 't think that they want to modify the highway out there and they haven 't been willing to do that in — the past . As far as the debris on the highway is concerned, we have cleaned that up from time to time . They brought the highway patrol out there and blocked off the highway while we cleaned that up . We don 't think there 's been a serious problem out there . We don't think there 's been any — complaints about it . We attempt to keep that as clean as we can . As far as the brush is concerned , we 're willing to eliminate the brush so it makes a clearer , visibility out there . We 're certainly willing to work on that . _ As far as relocating the access point to the northeast , we think that that 's a problem . I ' ll tell you why . One of the problems is for a traffic that 's westbound , decelerating before it comes into the site . If you move the access to the site further to the east , you 're going to make it more — difficult for trucks , or anybody entering the site to decelerate before it enters the site . It seems that the point is made here that the purpose of doing that is to improve the acceleration lane as westbound traffic leaves — the site . Give them a longer acceleration lane . The fact of the matter is , Mr . Zwiers says that probably 75% to 80% , maybe 85% of the traffic is going the other direction . They 're not going to the east . They go out of _ the site and go left and go east back towards Eden Prairie but there is a problem of trucks which come down the hill going on the westerly direction decelerating before they get into the site and if you move that access point further east , it 's going to aggravate that problem . So we want to — work with whatever the highway department , the city , whatever we can do to make those conditions safer if possible . As far as dust and noise , which is point 3 , the operator says the operator shall work with the city to — positively respond to these issues . Again , we 're not sure what that really entails . We don 't think there 's been any complaints about that to date that we 're aware of . But we 're willing to discuss that further with the city . — Ahrens: Do I understand you to say that you 're willing to work with the city? — J .E . Brill , Jr : Yeah. It 's unclear what that really means the way it 's expressed here . — Ahrens: Paul do you want to very shortly explain what that means so we can understand what , if that is something . . . Krauss: Well for example , dust impacts . You know we have sort of a natural bow there that the few times I 've been out there has been reasonably able to contain that but conditions can change . If you get , — when we have a project around town that 's generating significant amounts of dust , we require that the operator wet the site to minimize dust control or modify their operations during those periods to minimize that . As to _ whether or not there 's been problems with these areas in the past , I honestly don 't know . I have not heard of any but we have new homes being constructed closer and closer to this all the time and there sno clear end Planning Commission Meeting June 3 , 1992 - Page 53 date as to when this operation will cease so there 's going to be more homes I 've got to believe in the future . Ahrens: Okay . It seems clear enough . You would be willing to work with the city on this issue if it became a problem . - J .E . Brill , Jr : If it does , wetting down of dust control . Ahrens : As determined by the city . J .E . Brill , Jr : Dust control is something that he would certainly consider . We are on a bowl as Paul says and I think we are kind of screened naturally from the surrounding properties so I don 't think there had been any complaints in the past . Ahrens: I don 't think we 're asking you to consider responding . We 're - asking to respond if there are problems and would he respond . Yes? J .E . Brill , Jr : I don 't see that as a problem . Do you Tom? Tom Zwiers: Yeah , that 's no problem . J .E . Brill , Jr : Okay . 4 creates a problem for us . This really has to do with the issue that you were raising before about the , coming close to the boundaries of the property and I think what 's , first of all this 1 1/2 to 1 grade is steeper than the 2 1/2 to 1 that we 're showing our present plan out there . So that 's the end use grade and what we 're talking about is in the meantime mining closer to that boundary between the north and south parcel . We feel we have the right to do that . We feel that that 1 1/2 to 1 , we ought to be able to mine right up to the property line on that whether that , we mine up to that line or we mine 100 feet from it , we have the same slope remaining and the same safety issue , if there is one , exists whether you 're 100 feet from that point on the property or whether you 're not . As far as safety is concerned , this is private property . We are willing to put snow fences up there . We do know that trespassers do get on the property . I think the snow fences area a reasonable request and I think that 's something that Mr . Zwiers will do without any problem . But again , I kind of remind you it is private property and I don 't think you require other people on this bluff to put snow fences up to protect them from where there 's steep slopes and there are many areas along here which have existing natural slopes that are that and worst . The railroad property over here in their abandoned area have some extremely steep slopes and they have no requirement to put up snow fences but I 'm saying to you - that we will do that . I mean we 're saying it 's , we don 't think it 's an issue and it oughtn 't to be but on the other hand we 're willing to put them up there so . Ahrens: Okay , so on 4 you 're saying . You want to cut to the property line but you ' ll put fences up? J .E . Brill , Jr : Yeah . It 's the 1 1/2 to 1 grade within 100 feet that we 're unwilling to do . We think that 's limits us to what we can grade on our property and we think we have a right to grade that and mine that . But - on the second , the last sentence of that number 4 , the temporary snow fence Planning Commission Meeting June 3 , 1992 - Page 54 — is when we exceed the 2 1/2 to 1 slopes , we will put temporary snow fences — up there . Erhart : Excuse me , but are you saying here that , you accept the 100 feet on other property owners but not your own property to the north? J .E . Brill , Jr : Actually no . Actually it 's 50 feet that we have been maintaining and we think has been required of this property up until now _ and we would continue to maintain that up to the adjacent property owners . As far as our own property 's concerned , well on the north end of this particular part of our property we don't , we object to that . Yes . Erhart: To any setback? J .E . Brill , Jr : Yeah . Erhart: Paul , can you respond to that? Do you want to respond now or wait until the end? Ahrens: No . I 'd just as soon have him . J .E . Brill , Jr : I 'm almost finished . Number 5 is daylight and ground water resources . We don 't believe , in fact I asked Tom about the ground water problem . He tells me he has never been below , he 's never reached the ground water . He 's never exposed the ground water table . He doesn 't ever — expect to do that . It 's quite a ways down below this site as we 've mined it to date and we don't ever expect that to be a problem and that 's a condition that we don 't have a problem with . The protecting of existing on_ site wells . There is only one well on the property . That 's . . . I don 't know quite what 's meant about protecting it . We don 't think there is any issue about polluting it . Erhart : Are you using it? J .E . Brill , Jr : I think it 's utilizing a home where somebody lives . _ Tom Zwiers: Wally lives there . J .E . Brill , Jr : The permanent capping I think is required by State law . Ahrens: Yes it is . J .E . Brill , Jr : So that we have to do anyway . So the only issue here has to do with protecting on site wells . I guess I don 't know what that means . Erhart: Well you can 't cap it if you 're using it . J .E . Brill , Jr : The protection means they 'll cap it when it 's completed? When we finish using it? Is that what? Okay . So that 's not an issue . Krauss: When you grade the area . J .E . Brill , Jr : Yeah . Number 6 . The annual review , I kind of heard some comments that that really means we 've got to apply annually for this permit Planning Commission Meeting June 3 , 1992 - Page 55 renewal . Ahrens: There is an annual permit renewal , as far as I understand it right Paul? That section is part of that? Krauss: The earth work permit , well maybe this is something that Tom needs - to clarify . The earth work permit does have a requirement for annual review . It 's mandated in that . I 'm not certain as to whether or not the Judge would deem that as applicable in this instance because of non- conformity . However , we 're saying that from the standpoint of adequately managing the site and adherence to the conditions that are outlined , that that 's necessary to insure that these issues are being taken care of . - J .E . Brill , Jr : It kind of relates to the erosion control mostly doesn 't it? Krauss: Well the ongoing operation . Tom Scott : The fact that they 're a non-conforming use would not impact their obligation to come in and get an annual permit . There is an annual permit requirement . You look at it annually and you can modify or you can change the conditions but obviously the initial look and the initial plan is going to set the basic framework . But then it is annually renewed and - the fact they 're non-conforming use doesn 't change that . Ahrens: And the annual review by the City Engineer would be part of that - application process I assume? Tom Scott: That 's right . Ahrens: Okay . J .E . Brill , Jr : I guess I would disagree that we think you have the right - to change the conditions annually . I don 't think you do . I don 't think you have a right to impose different conditions than those that you do here that are within the Judge 's limitations of relating to health and safety . We do object to paying the fee . We think as a non-conforming use we 're not subject to that fee . We did have a discussion with the Judge about that and he left that question open so if it becomes an issue between us , he 'll address it for us but when we were there the last time . Number 7 is the - revision of the end use plan . I think that relates to the , it kind of relates back to number 4 . In other words , changing the plan that 's up there now which is B-1 I think so that it relates back to this 100 foot setback . I think , if I 'm not mistaken , that 's really what you 're asking on that isn 't it? Krauss: It also implies to the fact that we have an end use plan that kind of conceptually illustrates where ponding areas are going to be . We 're in no way sure that those are appropriately sized or designed and we 're asking for details on that be included . J .E . Brill , Jr : Which one are you talking about? The one down below? Planning Commission Meeting June 3 , 1992 - Page 56 _ Krauss: Yes . Well actually you 're showing two that kind of intrude onto the property but yeah , the one down below . We don 't know if it 's in the right place . We don 't know if it 's the right size . We don 't know if it 's effective . J .E . Brill , Jr : The other point you 're talking about is the holding pond up on the northwest corner? Krauss: If that continues to be in the plan , yes . J .E . Brill , Jr : Well the problem with that one is that that straddles the two properties and we 're not permitted to do any mining on the upper — property . I was always hopeful , we got into a little bit of a discussion about that the last time we were down before the Judge but I was hopeful that that would be on the agenda tonight so that we could really discuss — that because that holding pond is something that really relates to both of these projects , the north and south parcel and it 's kind of unfortunate that you have to discuss it in pieces because there was one holding area but that 's the way it turns out and we would feel that we would have the right to mine the portion that 's on the southerly parcel as it 's shown on that plan and not the other until that 's approved and if and when it 's approved by the city under our second license . Second permit we 'd be — asking for . We do object to the letter of credit . We don 't think that again is related to safety and health and that that is not required of us in this case because of our non-conforming use status . So those are the conditions I 've indicated that we object to . We 're unwilling to undertake . I think you should know our position . I guess I don 't expect you tonight to do other than what your staff and your attorney has recommended to you but you needed to know where we stand on it . We feel that those conditions are not within the purview of what the Judge has allowed you to regulate here . If there 's any questions , I 'll be happy to answer them . Ahrens: There may be some questions later . Thank you very much. J .E . Brill , Jr : Oh , one other thing . The Minnesota Pollution Control _ Agency has sent a letter . You may have it in your packet . It just came today . It 's dated June 3rd . It was addressed to Tom Zwiers . He probably will get his in the main tomorrow . That 's my guess and we looked at it tonight . It refers to the MPEDS permit . MPEDS permit . I think Paul has — indicated that that 's pretty much the purview of the MPCA and we agree with that if that 's what he 's saying and we will take that up with the MPCA and don 't think that 's going to be a problem . I 'm not so sure that we are a — point source that requires that . That , if I 'm not mistaken Paul , that 's a fairly new area of regulation that 's being addressed nationally and it 's going to require a lot of effort by a lot of people to regulate a lot of storm water discharge from just about every roof and parking lot in the United States . Ledvina: I had a question about that , if I can just touch on this . It — says waste water disposal system . It says that you operate a waste water disposal system . Is that the case? Do you generate waste water by this process? _ Planning Commission Meeting June 3 , 1992 - Page 57 J .E . Brill , Jr : Okay , let me tell you what it is . This pond down below down there collects the runoff , natural runoff on the site into that pond . It maintains a sedimentation pond and that has , that flows over to a culvert or it might have been an old cattle pass that goes underneath the highway and then out into the riverbed . That 's not something that we 're putting water into except for this natural water coming across . Ledvina : Okay , so that 's surface water drainage . So there 's no waste water? J .E . Brill , Jr : We 're not washing on the site . Ledvina: Okay . J .E . Brill , Jr : We don 't do any gravel washing out there at all . - Ahrens: Okay , do you have anything else Mr . Brill? J .E . Brill , Jr : I don 't . Ahrens: Would anyone else like to address the Commission? Thank you . Erhart moved, Ledvina seconded to close the public hearing . All voted in - favor and the motion carried. The public hearing was closed. Tom Scott: Madam Chair , could I make one comment? Ahrens: Sure . _ Tom Scott : Just to clarify . The Judge 's Order , I guess the best way to characterize it is he 's going to look by more strict standard and look harder at regulations that are going to prevent them from mining some of the material on the site . That 's the stricter standard . Regulations like - some of the erosion control techniques or methods we were talking about , the pond and things like that . If they don 't preclude them from mining some of the materials on the site , the stricter standard or this closer - look that the Judge is going to take , doesn 't apply . So we 've been talking about a more stricter standard but it 's only regulations that would prevent them from taking some of the material out of this site . I think that 's been a bit unclear . Ahrens: Actually the materials were very clear that were sent to us . I mean I understand the legal issues and everything else . . . Erhart: Can we talk just maybe about what this process? Ahrens: I was just going to do that . You mean the process of what we 're going to do here tonight? Erhart : Yeah . Ahrens: Yeah I know . I 'm a little confused about this too . We 're certainly not going to get into any of the legal arguments . Judge Kanning - has told us , has told the city what we can do and what we can 't do and Planning Commission Meeting June 3 , 1992 - Page 58 — we 're not going to get into the pros and cons of this decision . You want us to just recommend to the City Council whether or not we agree with the health and safety conditions that you set up for their permit right? Krauss: That 's essentially the case . — Ahrens: Do we have to adopt the Findings of Fact also? Krauss: Yes , that would be our preference . We have come back to you from time to time of trying to update you on the Moon Valley and the City Council as well . We 've tried to get guidance before . We didn 't originally litigate this but before we 'd taken action in response , we 've consulted with the City Council on it . If you feel the course of action that we 're taking is inappropriate , let us know . As I say , I mean clearly if we had our druthers we might be going about this a little differently but within — the confines of the limitations that I think we 're working under , I think this package is a reasonable one and that therefore we did support it 's approval . Recommendation for approval by you tonight . — Ahrens: In other words , you know I don 't think we 're here to say that or to set further limitations on the Moon Valley operation . I mean we have a very limited role here and that is to , I 'm not sure . Agree with the city — that their health and safety issues are adequately addressed and that 's difficult for us to do as lay people here . Some of these are pretty complicated health and safety issues . — Erhart : I would think that our role here , how to basically define out what 's a good plan for this piece of property given that it 's excavated for mining . I 'm not sure the Planning Commission ought to be dealing with the — legal aspects at all , quite frankly . Ahrens : Well no . I don 't think that 's what we will be doing . — Erhart: If we can agree to that then I would say that what Paul 's outlined here , whether or not it has anything to do with the Judge 's ruling , I think _ the recommendations are planning points that are probably good but minimal so I would go along with the recommendation . Simple as that . Anything else from a planning standpoint would be more restrictive but to get into it would be a waste of time . So that 's my comments . — Conrad: I 'm going to adopt what staff has drafted . It 's obviously an adversarial relationship and comments I have would serve no purpose . — Ledvina : No additional comments . Emmings: I agree . Ahrens: I agree also . Can we have a motion? Erhart : I move that the Planning Commission recommends that the City Council approve the Earth Work Permit subject to the 14 conditions . Emmings: Maybe we should move that we adopt the Findings of Fact and recommendations? Planning Commission Meeting June 3 , 1992 - Page 59 Erhart: Okay , then I move that the Planning Commission recommend the City Council adopt the Findings of Fact document . Is there a date on this document or anything? Emmings: It 's dated today . Erhart: Dated today . Emmings: Second . Erhart moved, Emmings seconded that the Planning Commission recommend adoption of the Findings of Fact dated June 3, 1992 and the Earth Work Permit for the Moon Valley operation subject to the following conditions: 1 . Within 30 days of approval , the applicant shall submit drainage and erosion control plans to the City Engineer for review and approval . Plans should be developed by a professional engineer in accordance with MICA and BWSR manuals . Plans should include: erosion control practices _ designs of temporary and final basins , inlet/outlet structures , etc . Final pond design shall comply with NURP guidelines to maintain water quality . They shall be designed to maintain quality . They shall be designed to accommodate a 100 year storm event . The plan shall describe management practices required to effectively operate drainage and erosion control practices . It shall be the operator 's responsibility to maintain these measures in an effective and operative condition . Phased plan for site restoration/establishment of ground cover and vegetation . All distrubed areas to be restored with topsoil , seed mulch and/or wood fiber blanket and trees as required to prevent erosion . It shall be the applicant 's responsibility to keep drainage and erosion control plans current . When mining operations require relocation of the pond( s ) and/or alterations to erosion control measures , these shall not be undertaken without prior written approval by the City Engineer . 2 . Within 30 days of approval , provide an engineered construction access designed to minimize tracking mud and debris out onto Hwy . 169/212 . Work with MnDot to relocate the access point to the northeast to improve the westbound acceleration lane on the highway and provide a deceleration lane for truck movements . During the course of mining operations any material or debris tracked _ onto the highway shall be promptly removed by the operator to eliminate a potential traffic hazard . Brush located around the access point shall be cut back to improve sight distance . Planning Commission Meeting June 3 , 1992 - Page 60 — 3 . If noise or dust impacts materialize , the operator shall work with the _ city to positively respond to these issues . 4 . Modify the grading plan to eliminate off-site mining/grading that is presently illustrated on plan 81 . To avoid under-cutting of off-site — slopes , in no case should excavated slopes exceed a 1 .5 to 1 grade within 100 feet of a property line at any time . When excavations exceed 2 .5 to 1 slopes , temporary snow fencing and signage is required — at the top of the grade to make individuals aware of hazardous conditions in the area . 5 . No mining will be allowed to take place which daylights groundwater resources . The operator will protect existing on-site wells and will permanently cap them off when they are no longer in use . 6 . The site will be subject to annual review by the City Engineer , and inspections to ensure compliance with conditions appropriate to ensuring health and safety . When problems arise , the matter shall be referred to the City Council for action. Fees are to be based upon the schedule provided in the Uniform Building Code . The initial $400 paid on this permit request shall be deducted from the first year 's fee . 7 . Provide the city with a revised end-use plan consistent with all conditions of approval . 8 . The applicant should be required to maintain a letter of credit or cash escrow in the amount of $51 ,000 . to guarantee maintenance of erosion control and site restoration , should he fail to adhere to approved — conditions for this permit . This is a major concern of staff 's . The applicant 's primary interest in the site at this time is to mine sand and gravel and it may or may not be in his best interest to comply with approved conditions of permit approval and/or with the end-use plan . — Staff could not reasonably ask the City Council to place their assurances in the operator 's stated intentions for the site and it is normal city practive to require this sort of financial guarantee . — Financial guarantees shall only be released after an as built grading plan is submitted to ensure that the approved end-use plan has been satisfactorily completed . All voted in favor and the motion carried. ZONING ORDINANCE AMENDMENT TO AMEND ARTICLE VIII OF THE CITY CODE CONCERNING PLANNED UNIT DEVELOPMENT REGULATIONS FOR RESIDENTIAL DISTRICTS. Ahrens: This is what Brian asked us to table? Krauss: Yes . Ahrens: Does anyone have a problem with that? Conrad: No . None at all . I 'm just curious about what people think . — Emmings: It 's time to move it on. That 's what I think . — Planning Commission Meeting June 3 , 1992 - Page 61 Ahrens: Yeah I do too . _ Emmings: What do you think? Conrad: I 'm curious what you thought . Emmings: No , no . You don 't give up that easy . What do you think? Ahrens: Do we need a motion to table this? No . Okay . APPROVAL OF MINUTES: Acting Chair Ahrens noted the Minutes of the Planning Commission dated May 20 , 1992 as presented . ONGOING ITEMS_ Krauss: Ongoing items . Apparently , Tim did ask me to get the tree conservation on the agenda . I did have it in your last packet . It was an oversight , we didn 't put it in this one . — Erhart : I won 't be at the next meeting . Krauss: Well , let me talk about the next meeting for a moment . We don 't have a lot of new items coming up for the June 17th meeting . We have one June 17th and we have July 1st . On behalf of the Planning staff , we would not be terribly put off by eliminating the June 17th meeting . — Erhart : If it were me , I 'd beg you for 4 beachlots on the June 17th meeting because I 'm not going to be here . _ Ahrens: That 's fine . There will be a meeting on June 18th though for any of you interested in attending the meeting having to do with the golf course . Krauss: And the Bluff Creek corridor . Erhart : Why wouldn 't we do the PUD and the tree thing then? Krauss: Well you could but would you want to have a meeting solely for that and one beachlot? Emmings: Get something done . I don't know . Krauss: Well a lot of us , I mean I 'm going to be here but a lot of you are — probably , I know Joan you 're going to be here the following night for the golf course , Bluff Creek thing . — Emmings: So we cancel our meeting because she 's got two meetings that week? Ahrens: Yeah . — Emmings: Okay . I don't know . Some of this stuff , whatever everybody wants to do . Planning Commission Meeting June 3 , 1992 - Page 62 — Erhart: You 're talking about the 17th? Okay , I 'm not going to be here the _ 17th so that would be the tree thing . Emmings: Probably this one too . Okay . Erhart : You don 't want to deal with the PUD thing tonight? Emmings: Brian has asked to be here when we do it . I think any time — anybody wants something taken off so they can be here , we ought to do it . Krauss: I should ask too , we 're moving forward on getting the Highway 5 _ task force together . There 's going to be another add in the paper this week and we 've already had some submittals . I 'm working with the consultant . We are meeting on that . Emmings: I 'm going to have meetings on that so if I have 1 of those meetings the same week , then we cancel the Planning Commission? Ahrens: Let me clarify that meeting on the 18th. It 's at the Fire Station at 5:30? Krauss: The time has always eluded me on this one . — Erhart : What 's been happening? Is there some movement on this? Ahrens: We 're going to have a meeting with the City Council and with Park and Rec and other interested people and also we 're bringing in people from other communities who have developed golf courses and it 's going to be — dinner , you know open forum . Question and answer type of thing . Erhart : Now is this sort of a kick off meeting on this activity or has there been ongoing stuff . Ahrens: We 've had small meetings . Emmings: Let 's get to the important stuff . What 's on the menu? Ahrens: I don 't know , pizza . Ledvina moved, Erhart seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 11:12 p.m. . Submitted by Paul Krauss Planning Director Prepared by Nann Opheim CITYOF 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: June 25, 1992 SUBJ: Report from the Director At the June 8, 1992, City Council meeting, the following actions were taken: 1. Zoning Ordinance Amendment, Chapter 20, Pertaining to Mining and Earth Work was approved first and second reading. This revision allows grading activity to occur in all zoning districts. The originally drafted ordinance adopted a few years ago erroneously restricted this activity to the agricultural districts. 2. Zoning Ordinance Amendment to Require that Boats Moored in Front of Lake Parcels be Owned and registered in the Name of the Lake Front Property Owner was approved on final reading. 3. Non-conforming Use Permits for recreational beachlots, Frontier Trail and Sunrise Hills Homeowners Association were approved as recommended by the Planning Commission. At the June 22, 1992, City Council meeting, the following actions were taken: 1. The Stone Creek subdivision for Hans Hagen Homes was scheduled to be reviewed for final plat approval. This was pulled by the applicant on the day of the meeting. The applicant fully intends to go ahead with the project but is concerned that he is getting out a little too far in front of the utility improvement program that is needed to bring water and sewer to the site. Contracts for this project are expected to be let in early August. — As soon as these are let, Hans Hagen Homes intends to proceed with the project. 2. Wetland alteration permit for placement of a dock through a Class A wetland, 7570 — Dogwood Road, Peter and Deanna Brandt was approved on the consent agenda. Is t4, PRINTED ON RECYCLED PAPER Planning Commission June 25, 1992 Page 2 — 3. Non-conforming use permit for a recreational beachlot for Pleasant Acres Homeowners Association. The City Council unanimously approved this item subject to the conditions as developed by the Planning Commission. They agreed that the Planning Commission's interpretation on this item was quite lenient and could not accept the arguments of the homeowners association that more boats were warranted. Several individuals spoke out — against the association's request. 4. Rezoning, Preliminary Plat, and Wetland Alteration Permit for Bluff Creek Estates, — Keyland Homes. The Council reviewed this proposal with few issues being raised. The Council approved preliminary plat and the related rezoning and wetland alteration permit requests. — 5. Interim Use Permit for Earth Work/Mining of Gravel Pit, Tom Zwiers, Moon Valley Aggregates. The Planning Commission is very familiar with this proposal. After the Council packet was printed, we received a letter from the applicant's attorney requesting a continuance. He informed the city that he had a prior commitment in another — community and that Mr. Zwiers had left town "on a long planned fishing trip." I discussed this matter with the City Attorney after receiving their letter. We honestly questioned their absence from this meeting in view of the fact that they have both been — aware of this date for some time. In view of the fact that they disputed most of the conditions that were proposed in any case, and there did not seem much room for compromise, it was our recommendation that the City Council proceed with the action as — recommended. Ultimately, the applicant did have a substitute attorney present at the meeting. The Council discussed the item briefly and a presentation was made by the applicant's attorney. He reiterated their request for a continuance. The Council ultimately, approved the permit in accordance with conditions outlined in a Findings of Fact prepared by the — City Attorney. 6. Appointments to Highway 5 Task Force. The Council appointed residents to the Highway — 5 Task Force which pretty much rounds out the work group. The first meeting of the group is scheduled for Thursday, July 9, 1992. Miscellaneous Items 1. On June 18, 1992, a work session was held on the potential of golf course development in Chanhassen. In a related matter, Lance Neckar, who is the Director of the University of Minnesota Landscape Architecture Department, gave a presentation on his conceptual park design for the lower Bluff Creek area. Staff will keep the Planning Commission — posted as to progress on both matters. Planning Commission — June 25, 1992 Page 3 — 2. The June 11, 1992, HRA meeting was an unusually productive one. Attached to this report you will find four of the HRA items that may be of interest to the Planning Commission. On the first of these, work is progressing towards the development of a — Target store on West 78th Street. The Planning Commission is aware that the city took the highly unusual step of preemptively designing a suitable site plan for Target that we had foreknowledge that they were interested in. The HRA authorized city staff to enter — into a purchase agreement with Target for this site contingent upon them developing it in a manner acceptable to the city. — On the second item, the HRA approved funding for an environmental assessment contract with Barton Aschman for the northern parallel collector road along future Highway 5. The Highway 5 Study is proceeding in two phases. The first phase, which includes urban design and land use, is directly involving the Planning Commission. The second phase deals with obtaining funding for the improvements for the new federal highway bill. It is the second phase that the HRA approved funding for. Funding for the first phase has already been authorized. The third item concerns potential plans for developing a bowling center/conference — center/hotel expansion/recreational complex on the site located in the bowling center/Filly's area. The potential for this development is quite exciting and was fairly well received by the HRA. The HRA encouraged staff to continue working with property owners to firm up a proposal. The last item concerns entry monuments on Market Boulevard. The final design on these monuments are still up in the air but movement is expected in the next 30 to 60 days. Staff will ensure that a presentation is made on the matter to the Planning Commission. CITY OF .� 10:11r. CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Housing and Redevelopment Authority FROM: Don Ashworth, Executive Director DATE: June 12, 1992 SUBJ: Update on Target Proposal Some of the letters appearing in The Villager have missed the role of the HRA in the potential development of a Target store in our community. The city has never taken a position that we want one type of restaurant, but don't want another, that we want a grocery store, but don't want a shoe store; etc. Market conditions will be the primary factor in determining whether an additional restaurant, grocery store, or even a Target store are viable for this area, and that will be the primary factor that Target will use in making its decision to locate in one community or another. In this instance. the Planning Commission has set four different parcels which would meet the needs of Target--the Ward property, Legion, Charlie James, and the Burdick parcel. The zoning has existed on these parcels for 10-15 years, and under statute, a city cannot discriminate between one land use (Target) and another land use (grocery store/retail shops) if the two have similar traffic, similar underlying zoning, and similar square footage. To the best of my knowledge, at no time has any staff member or the HRA actively pursued bringing any particular business into Chanhassen [Exception--having a grocery store in Chanhassen has been a goal for many years, but those efforts would better be labeled as generic rather than business specific]. With Target's apparent decision that they wish to locate in Chanhassen, our role has solely been one of determining which of the properly zoned sites would best meet our development plans. I congratulate Target for asking which of the alternate sites might better work for the city. It was this type of cooperation which helped to bring the Bank into the downtown area during a period when redevelopment activities were slow, and a business preference may have been a highway location. I would also like to thank our Planning staff, and Bill Morrish from the University of Minnesota, in analyzing the four sites and developing a plan which will meet the needs of Target while conforming to the overall redevelopment plans of the HRA. Attached please find copies of initial correspondence between the city/Target/Ryan following our workshop which reviewed the alternative sites. Staff believes that the correspondence is in conformance with the guidelines given to staff from our previous HRA meeting as well as the joint meeting. The attached letters form the basic understanding that is tentatively being reached t0, PRINTED ON RECYCLED PAPER _ Housing and Redevelopment Authority June 12, 1992 Page 2 between the developer (Ryan), principal user (Target), and the redevelopment agency (HRA). The next step is authorizing the attorney to prepare a purchase agreement with Mr. Burdick and Ryan (simultaneous closings). As a part of the purchase agreement, conditions to be placed on the development would be inserted in those purchase agreements (see attached "Conditions with Land Sale to Ryan Construction" and "Conditions with Land Purchase Between the City and Burdick"). We are also seeking HRA authorization to proceed with negotiations to purchase Charlie James' smaller triangular piece which would be governed by the PUD (see separate letters to and from Mr. James). We should also discuss Mr. James' concerns and potential solutions to those (see my letter to Mr. James). RECOMMENDATION Staff would recommend that the Housing and Redevelopment Authority authorize the City Attorney's office to: Prepare a purchase agreement between the HRA and Mr. Burdick including the attached conditions; and - Prepare a purchase agreement between the HRA and Ryan Construction with the attached conditions; and - Authorize Initiation of Negotiations with Charlie James. 41111010,.. Oil vow 1 CONDITIONS WITH LAND SALE TO RYAN CONSTRUCTION 1. City sells all of Lots 1, 2, 3, 4, 5, Block 1, Burdick Park Second ; and Lot 1, Block 2, West Village Heights Second Addition to Ryan Construction Company for $3.00/sq. ft. — 2. City agrees to vacate the westerly portion of West 78th Street (area to be determined). 3. Ryan must show proof that Target has their management approvals and capital expenditure approval before title is transferred. 4. Target will agree to a minimum market value of$5,175,000.00. 5. Before transfer of title is made, Ryan must receive all necessary approvals from the city, — i.e. site plan approval consistent with Schemes B & C. 6. The outlots will have the following conditions for future developments to occur: — a. No more than two fast food restaurants. b. No more than five outlots. c. No accesses off of County Road 17. — d. Cannot object to the construction of a gateway monument along County Road 17 or State Highway 5. — e. No pylon signs. f. No gas stations. g. Each building will have a pitched roof and cedar shake-looking shingles. The architecture shall be consistent with other developments in downtown Chanhassen. h. will pay the special assessments. CONDITIONS WITH LAND PURCHASE BETWEEN THE CITY AND BURDICK 1. Burdick sells all of his land to the city for $4.00/sq. ft. (Lots 1, 2, 3, 4, 5, Block 1, Burdick Park Second Addition—approximately 640,000 sq. ft.). The city does this under the threat of condemnation, thus Burdick qualifies for a tax break under Section 1033 of the U.S. Tax Code. 2. The city will pay the second half of 1992 taxes and special assessments if closed by September 2, 1992. • 3. Burdick will have to provide a title commitment to be paid for by the buyer before August 1, 1992. 4. Seller to pay all brokerage fees. 5. Environmental Warranties/Contingencies. CITY OF A\ CI1ANIIASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN. MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 — June 12, 1992 T. F. James Company Attn: Mr. Charles Wm. James P.O. Box 24137 Minneapolis, MN 55424 Re: Proposed Target Development Dear Mr. James: Thank you for your correspondence of June 3, 1992. I am in the process of sharing that letter with the Housing and Redevelopment Authority as well as the City Council. I sincerely appreciate your desire to be supportive of the redevelopment activities of the HRA, and agree that you should have early input into that process. The city stands ready to cooperate with you on any development plans you would have for your property in a similar manner to that used with all businesses that have located within our community. For the most part, I am in agreement with each of your concerns and suggested means by which those concerns can be alleviated. The following staff positions are solely that--staff's, and final disposition of these need to occur through the HRA decision making process. Property Acquisition: I totally agree that an inverse condemnation would not be beneficial to either James or the HRA. I will recommend to the HRA that we proceed with negotiations for the parcel you own within the PUD area. Should those negotiations prove fruitful, I would anticipate a purchase agreement being ready for the next HRA agenda; and Land Uses in the Westerly Portion of PUD: The redevelopment plan, prepared by Bill Morrish of the University of Minnesota, depicts fast food uses on the westerly portion of the PUD. I would anticipate that other similar types of uses would be acceptable so long as a common architectural theme was maintained. One of the "Conditions with Land Sale to Ryan Construction" ( part of the proposed purchase agreement) specifically prohibits gas stations in a PUD; and is t a PRINTED ON RECYCLED PAPER Mr. Charles Wm. James June 12, 1992 Page 2 Assessments for Public Improvements: The current PUD significantly changes the land use being considered by Mr. Burdick with his five or six separate parcels. The county's restriction as to the number of vehicles which can use the existing West 78th Street virtually assures that roadway will no longer be a part of the ultimate plan. Accordingly, the initial assessment methodology used by Strgar appears to be flawed if the current PUD plan proceeds. By this letter, I am asking Strgar to reconsider the original assessment roll for the West 78th Street Detachment Project.; PUD/City Ordinances: We do not anticipate any relaxation of any city ordinances or PUD requirements. In fact, the opposite is true in that the purchase agreement will specifically require that all said conditions are met; Access on New West 78th Street: The City/HRA can and has assured that all of our businesses within the downtown area do have access to a full-way intersection. You have stated that this is your objective, i.e. "just as every other business building downtown has a full access point on one side or another." If your point is that you truly do wish to be treated as every other business has in the downtown, I do not believe that we have any disagreements. Good access is maintained for Medical Arts, Chanhassen Lawn and Sport, Animal Fair, Merlin's Hardware, Pauly's, Przymus, west side of the Riviera, etc. All of these businesses exist with a reciprocal parking lot/access agreements between the parcels, but are limited to right-in/right-out directly in front of their business. The development control requirements used within the downtown area can and should work very well for your property with, similar to the downtown, major entries corresponding to the major entries for the PUD, including ancillary uses on the western portion of that property; West 78th Street Vacation: You have brought out a number of points with which I am generally familiar, but have not had time to research. My recollection is that there was an exorbitantly large right-of-way throughout this entire area (150 feet both north and south of the center line). I recall that the vast majority of this right-of-way was vacated and, accordingly, both of the two property owners should have significantly benefitted from that vacation. How grading fit into that decision making process, I am unsure. . Again, I would like to research those issues and work with you to resolve them. I would see our City Engineer Charles Folch being a primary contact person. As noted at the beginning of this letter, I again applaud you for your desire to work with the city in developing all of property in the western portion of our downtown. I also admire your receptiveness to resolve differences knowing that the proposed Target development could just as easily have gone onto your parcel. I also recognize the dollars involved with that type of decision. As noted before, the above staff responses to your concerns as well as suggestions solely represent a staff position. I have placed your letter and my response onto the upcoming Mr. Charles Wm. James June 12, 1992 Page 3 HRA agenda (June 18). I will notify you following that meeting as to whether the HRA agrees with the staff position and/or wishes to modify all or part of such. Thank you again. • Sincerely, f)liC5) Don Ashworth Executive Director _ Chanhassen Housing and Redevelopment Authority DA:k pc: Strgar Roscoe (11 Ea) JAMES June 3, 1992 • Mr. Don Ashworth, City Manager City of Chanhassen 690 Coulter Drive Chanhassen, Minnesota 55317 Re: Proposed Target Development Dear Mr. Ashworth: I have asked for and have received a copy of your letter dated May 20, 1992 to Ryan Construction of Minnesota Inc. regarding their proposal to develop a Target store on the property owned by Mr. Burdick. The proposed site is directly across West 78th Street from the commercial property owned by the T. F. James Company. I have been in discussion with various Target representatives for over two years, and have _ worked diligently to bring this type of development to Chanhassen. While it is a disappointment that Target has ultimately chosen a site other than that planned by the T. F. James Company, I welcome their presence in this specific vicinity and would _ anticipate that the new store will add greatly to the success of"DOWNTOWN" Chanhassen. In the weeks ahead, there will be a great deal of discussion pertaining to the various issues raised by the preference expressed by Target for the Burdick site. Many of these issues will directly and indirectly affect the adjacent property owners and I believe that it is only fair that the City give careful consideration to the concerns of these adjacent property owners. I hope to be supportive of the Target project but I want to inform the City of my specific concerns at this early point in time. I am sure that you would appreciate some early input so that this project may proceed in an expeditious manner. The T. F. James Company has been in contact with several other parties who have expressed interest in locating a new retail facility in Chanhassen, and I would hope that we can expect the same level of cooperation from the City at such time as our plans materialize. We made great efforts to conform 100% to the Comprehensive Plan when planning for the eventual development of our property.We platted our property specifically to incorporate a large retail development and we do not want to be precluded from _ pursuing that prospect. JUN 0 4 1992 CITY OE CHANHASSEN T . James Company P.O. Box 24137 Minneapolis Minnesota 55424 (612)828-9000 REAL ESTATE DEVELOPMENT JAMES June 3, 1992 Mr. Don Ashworth Page -2- During my negotiations with Target, I had mistakenly assumed that once Target was fully cognizant of the higher land cost, the immense quantity of fill required, the invert elevation of the culvert under Hwy. 5 and the resulting constraints on grades, the lot coverage ratio requirements, the lack of storm water management, etc. - once they had discovered these "problems" they would choose to move the project 80 feet north to a site where a P.U.D. would not be required to address these issues. I also under-estimated the importance of direct Highway 5 frontage (even if,ironically, overall site visibility was lessened). But, as history well proves, reason is not a dominant factor in a great number of decisions. The challenge now is for all parties to find a way to work together for the development of Downtown Chanhassen. So, at this point in time, without the assistance of a team of Philadelphia Lawyers, these are my concerns as they come to mind: 1. LAND OWNED BY JAMES LOCATED SOUTH OF NEW WEST 78TH: The City is proposing to help Ryan if Ryan is willing to agree to the concepts B & C as presented by Barton-Aschman. However, concepts B & C necessarily involve land owned by the T.F. James Company, and we have not agreed to these concepts. This presents at least two scenarios : a.) The City acquires my land b.) James proceeds with the development of its parcel as originally planned and approved by the City. I am of the opinion that Ryan will be unable to justify the higher costs of the Burdick parcel unless these costs can be spread over other developable sites; in Plymouth, Ryan is (reportedly) selling outlots at $10.00 sq.ft. even though the City contributed (reportedly) a million dollars to the site preparation for Target/Rainbow Foods. Therefore, I would expect that Ryan will attempt to include my land in their project. For this reason, and because the other scenario is relatively straight forward, let me speak to the issue of the first scenario: The City acquires my land. CONCERN: The T.F. James Company will not tolerate an inverse condemnation, by which I mean that we will not be hamstrung for a protracted period of time while Ryan and the City attempt to complete the Target project. I think it is only fair that there be a quick taking that is not dependent on the vagaries of the Target project. I would expect that the acquisition of title and closing payment occur at an early and fixed date. I am not experienced in these matters, but I hope that we can handle this matter, if it should arise, with a minimum of legal intervention and maneuvering. , F JAMES June 3, 1992 Mr. Don Ashworth Page -3- CONCERN; It is the position of the T. F. James Company that we have all requisite approvals for a strip center with gasoline sales and that we performed all that was required under the Development Agreement with the City; we believe that we were prevented from proceeding with our project because the City did not build the West 78th Street detachment within the time-frame contemplated by the parties. If the City is going to acquire our land for Ryan, James would like to have a general agreement that the conditional use for gas will be permitted on our remaining property. Further, James would like to have a general agreement on the uses that will be allowed on the property to be acquired for Ryan; specifically, James believes that some sort of deed restriction is appropriate to insure that the uses will be restaurants/food court. We do not want to have our land acquired only to discover that we are competing against our former land for every potential user/buyer that comes along. Since Ryan will have bought at a below market price, it is unfair to expect us to compete, unless there is some prior agreement as to what uses will be allowed on which property. If the City wants a food court, at the Target project, then James wants a shot at the other users. We will not participate in any scheme that gives Ryan the ability to take our most valuable land and then force James into a bidding war for every prospect. 2. ASSESSMENTS FOR PUBLIC IMPROVEMENTS; It is ironic that the property least assessed for the public improvements along West 78th Street should now get the most aid and assistance from the City in its development. The T. F. James Company planned for the future by agreeing to participate in huge infrastructure costs while Mr. Burdick steadfastly refused to acknowledge any benefit or accept any assessment. CONCERN; If Target is located on the Burdick parcel, it is only fair that the assessments for public improvements in the area be re-spread to acknowledge the benefit to the Burdick property. Not only should existing assessments be re-spread, but any additional costs that arise because of the Target project should be attributed and assessed only to the Target project. • JAMES June 3, 1992 Mr. Don Ashworth Page -4- 3, P.U.D. AND CITY ORDINANCES I have submitted to Target a site plan that depicts their store on Lot 4 (13 acres) with only 68%impervious coverage.This is well below the 70%maximum provided in City ordinances. CONCERN: If Target is absolved of code requirements on the Burdick parcel,James would reasonably expect to receive similar waivers in the course of developing our property, should the need arise. 4. ACCESS ON NEW WEST 78TH STREET: When James received final plat approval, it was specifically agreed by the Planning Commission, the City Council, and in the Development Agreement as to where the full access points would be placed on our property. James made a major concession in agreeing to place these full-access points on the lot lines so that two lots shared each full access driveway. Indeed, our entire plat was designed around the placement of these driveways !! We also, voluntarily, made provisions for sharing a driveway with Mr. Burdick and thus provided improved access to his property from West 78th Street; we platted a small outlot to facilitate this alignment with Mr. Burdick I! All in all, I think we went beyond the call of duty in working with the City on this matter. This is why I am particularly vexed by the proposals of Barton-Aschman that completely disregard all the previous planning that was completed on this matter. CONCERN: If the City acquires my land south of 78th for Ryan, it is no longer my concern whether a right turn is allowed from County Road 17 or whether a driveway is permitted where originally approved onto West 78th 300 feet from the intersection. The City could relocate the driveway on West 78th more than 300 feet from the intersection on the south side of new West 78th Street but I must retain my full access point on the north side. Perhaps a left turn lane can be provided into my property if the driveway to the south is eliminated (SEE ATTACHED EXHIBIT "A"). The major concern is that I must have full-access to Lots 1 & 2 just as every business building downtown has a full access point on side or another. Without full access, the lots become effectively down-zoned as they are no longer suitable for certain uses. We can probably do a boundary line adjustment between Lots 3 & 4 in order to align our driveway with a Target access point but we have to consider the grade differential between Lots 3 & 4. - JAMES June 3, 1992 Mr. Don Ashworth Page -5- CONCERN: James paid a very substantial sum of money to excavate bad soil and prepare the sub-base for the new West 78th Street. There was an understanding that the city would vacate the R.O.W. of old West 78th Street and return it to Mr. Burdick and James for operation as a private driveway. If the City acquires my land, I am not sure how we might balance the equation if the City does not then need to vacate West 78th for James but will instead convey it to Ryan ? At this juncture, I have probably told you more than you ever wanted to know, Don, and I don't want to exhaust your patience before this project gets underway. I want you to know that I am not obstructing the proposed Target on Burdick's land and I will continue to work with the City in a reasonable manner,just as I always have. I am excited about the future of Downtown Chanhassen. I know that you, Todd, staff, and the Council have worked long and hard to bring a dream to fruition. I want to be part of the future, part of the solution, not part of the problem. I thank you for giving this letter your thoughtful consideration and I look forward to working with you. Since 1 Ch r es Wm. ames Copy: Todd Gerhardt • • a 105.03 U 193.95 v_ /,, 77=2:762".77,k-IN 7� i f I -�1 70 N, \//' rico p – (n W " N- > oi r. _ D a) CA N m -i Zilliftela ! Z �. 10 - rn-< 0 .� .'pr"j ' CO D z m --c n i. I--- coo m= A cp L-...__,..",...., m tn. „,-._,27: �,,Q O • Z. ��?w_ Din c. r —1 '� D. 7-1c, + 4+ ..fit---- c _ 0 f v m 80 m r � m I� -4- 10 CD c— D ' AZO N --- - - - - -0 / 11 n Wit'_ .. - m- - Ilkika — m , Z .r 0 I 0 mz v r co zm �� IN 225.46 c o-� 47rn e (.. . 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I ~, I S�32 Zmm N oNz� — 1 -<c) moo v, � �� • - I' \cn D o 4m 0 • N 1 rnrz z n - v� on `-`"� r-u) is. c� °v 9 '' I rn-<1 " ro On r� • - F I �nw Ac��\ _ <c) mr Z� I I -0m� C� n •I ADO Z mn ;8 Z I I oz =c nloo • r"r-z vp m -1 ♦ • m r r/) z I -{ t {I ' �%� or I 1?00 .I �'y.�8m��-1 o j I I �� o Z� /*/ -IM-- 1 m v0 - 9 M N 0° \ :0_M- / WN 44 . I I m Q� V / r i N / coCn • co V / ; �N �C7N m� a-ZA • 1 —IT I / / `•-k -4� OZ- _0) 00) rD 1 I I ligile 11 \ 1 m-i— N - - ar I /� j v rxim n� _Dm co -ir f .. .::,. :_.4, r CP •'•li8 I I I r . , / .. Z� s� m5- I �v mo I • I mrn I _ wfn — m • I ( y\ �I� --I CIN 1 I I� -_i� Eiliiii CN '• -• rt-1 � 1 �� oN/� mOA1._ 'i4� room '7;7,5'. iu c7 1_ . /.: / woo oz A Dv rnmx r, r•• Or-,, r < tRrt err1 yA N CONSTRUCTION COMPANY OF MINNESOTA, INC. May 15, 1992 Mr. Todd Gerhardt Assistant City Manager City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 RE: TARGET DEVELOPMENT/BURDICK SITE Dear Todd: As per our conversation, I have talked with Dick Brooks, Regional Real Estate Director with Target Stores, and am comfortable that Target will go forward on the Burdick parcel based on the following parameters being successfully met: 1. The Target parcel, as laid out by Target, will be acquired and sold to them for $3.00 p.s.f. 2. The trees shown adjacent to Target on the south will be thinned and removed so as to preserve only significant hardwoods, and must be done to Target's satisfaction. 3. Storm Water Management shall be taken off site and controlled via the ponding area to the southeast of the proposed store at City expense. 4. The City will either maintain the right-in/right-out street access on the north side of the Burdick property as per the enclosed or will commit to acquiring the James parcel on the north formed by the new 78th Street road alignment and convey it to Ryan, along with the balance of the Burdick property not occupied by Target, under the same $3.00 p.s.f. basis. 5. The City of Chanhassen will commit to whatever means necessary to accomplish the above, including its Right of Eminent Domain, so as to facilitate a Target construction schedule beginning no later than October 1, 1992 (a Target store can commence construction while eminent domain is in process on the balance of the project). I have set up a meeting with Dick Brooks for 10:00 a.m. Thursday, May 21st so that we can assure him of the City's willingness to do the above, and also to let him know that B:\w7M19.01/&1 t.:AY 13 1;,;,2 700 INTERNATIONAL CENTRE, 900 SECOND AVENUE SOUTH, MINNEAPOLIS, MINNESOT TELEPHONE 61213399847 FAX 612,3�7555 r SEA Mr. Todd Gerhardt Page Two May 15, 1992 contrary to what has been represented to him before, the City's thrust is to have Target locate on the Burdick parcel, and to that extent they are willing to commit funds and resources which will not be available to alternative sites within the city of Chanhassen. Please get back to me with any comments or questions you might have. Sincerely, William). McHale Vice President c: Mr. Richard Brooks B:\WIM19.O1/&1 f CITY OF '10.1rClIANIIASSEN' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 May 20, 1992 Mr. William J. McHale Vice-President Ryan Construction of Minnesota, Inc. 700 International Centre 900 Second Avenue South Minneapolis, MN 55402 Re: Target Development Dear Mr. McHale: This letter is in response to your May 15, 1992, letter regarding the proposed Target development on the Burdick property in Chanhassen. As you are aware, the city held an advisory meeting to discuss the proposed development with members of the City Council, Housing and Redevelopment Authority, Planning Commission, Public Safety Commission, affected property owners, and downtown businesses. The consensus of this meeting was that the Burdick parcel is the preferred site for the Target development, and that Schemes "B and C," as presented by the University of Minnesota Landscape Department and Barton Aschman (see attached design), is the preferred design principle. In following through with this design, the City of Chanhassen will work in concert with Target in making this project a success. Proof of the city's commitment can be verified by reviewing the results of the city's past commitment to businesses in the community, i.e. Rosemount, Market Square, McGlynn, Town Square, Country Hospitality Suites, etc. All of these sites had similar or more problems than exist on the Burdick site. Ars, to PRINTED ON RECYCLED PAPER Mr. William J. McHale May 20, 1992 Page 2 In response to each of your parameters: 1. The Target parcel, as laid out by Target, will be acquired and sold to Target for $3.00 per square foot. Response: The city will purchase 10 acres of land from Mr. Burdick for $4.00 per square foot, and resell this property back to Target for $3.00 per square foot. This would be contingent upon Target entering into a Redevelopment Contract with the Housing and Redevelopment Authority, and receiving city site plan and other approvals consistent with the general principle as outlined in Schemes "B and C." 2. The trees shown adjacent to Target on the south will be thinned and removed so as to preserve only significant hardwoods, and must be done to Target's satisfaction. Response: The Chanhassen Housing and Redevelopment Authority will purchase and retain ownership of all the southerly remaining trees not removed as a part of the approved site plan for the proposed Target development. 3. Storm Water Management shall be taken off site and controlled via the ponding area to the southeast of the proposed store at city expense. Response: The city will look into every option available to deal with the storm water generated from the development, taking into account both options of on and off-site ponding. 4. The city will either maintain the right-in/right-out street access on the north side of the Burdick property as per the enclosed, or will commit to acquiring the James parcel on the north formed by the new 78th Street road alignment, and convey it to Ryan along with the balance of the Burdick property not occupied by Target, under the same $3.00 per square foot basis. Response: The city will agree to purchase the Charlie James property and resell to Ryan for $3.00 per square foot, contingent upon Ryan entering into a Redevelopment Contract with the Chanhassen Housing and Redevelopment Authority. Included in this contract will be the responsibility of Ryan to redevelop this area consistent with the general principles of Schemes "B and C' (see attached plan). 5. The City of Chanhassen will commit to whatever means necessary to accomplish the above, including its Right of Eminent Domain, so as to facilitate a Target construction schedule beginning no later than October 1, 1992. Mr. William J. McHale May 20, 1992 Page 3 Response: The City of Chanhassen will do everything in its power to meet the construction schedule of the Target facility, as long as Target and Ryan enters into Redevelopment Contracts with the HRA, and receive site plan and other approvals consistent with Schemes "B and C." If you have any questions, please do not hesitate to contact me. I look forward to working with both Target and Ryan Construction on this project. Sincerely, Don Ashworth City Manager DA:k CITYOF CIIANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 _ (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Housing and Redevelopment Authority — FROM: Don Ashworth, Executive Director DATE: June 12, 1992 SUBJ: Highway 5 Corridor, Consider Approval of the Environmental Assessment (EA) — Contract with Barton Aschman The dream that Highway 5 will develop within the western half of Chanhassen to a higher level than has been achieved in typical highway projects continues to be a dream that is alive and well. The dream has been depicted in its embryonic stage by Bill Morrish, University of Minnesota, and was titled by Bill as "Building Community Across the Corridor." For the dream to become a reality, two separate tracks were required to be developed. Tonight's decision is an important one if Track #2 is to remain viable. The two tracks are: — Track 1: This track is primarily the planning track. We have defined the major elements which are to be included in that track (see enclosed staff report dated ). — • Highway 5 Corridor Plan with site specific design concepts; • Overlay zoning district to promote sensitive design standards; • Centerline study of parallel frontage road alignments; • Capital improvement plan to facilitate plan implementation; and • A Recreation/Open Space Element. — Since the City Council authorized moving forward on this task, several meetings have been held with the consultants to define the work program. Work is being initiated on developing material to be used to discuss corridor planning issues. The Highway 5 Task Force is also in the process of being put together. — The end product to be developed by our Planning Department/Camiros will be an overlay district plan which will be development of each of the parcels adjacent to Highway 5, i.e. — trees which are to be undisturbed, wetlands which are required to be maintained, areas where development can come closer to the highway, specific standards for buildings and parking lots, etc. The plan would also include the general location of the southerly — Is t PRINTED ON RECYCLED PAPER Housing and Redevelopment Authority June 12, 1992 Page 2 frontage road which would run from Audubon to State Highway 41. For the most part, this frontage road is 300 to 600 ft. south of Highway 5, and is seen as a roadway which can be built via special assessments, economic development district funds, development requirements, or combinations thereof; and - Track 2: Although Track 1 will encompass development standards for properties both north and south of Highway 5, funding for the north frontage road and the buffer that is to exist between the frontage road and Highway 5 cannot occur in a similar manner to the funding for the frontage roads in Track 1. Specifically, property owners north of Highway 5 will see the frontage road as harming their ability to develop and/or reducing their property values. In essence, we are inserting a block of green area between their property and the highway. The band of green area will definitely limit their ability to construct 20 ft. flashing neon signs with continuous curb cuts similar to South Robert Street. In addition to the additional costs for the buffer, it is highly unlikely that the abutting property owners can reasonably be assessed for the cost of the roadway as "benefit" is questionable. The issue is additionally complicated recognizing the land uses adjacent to the north portion of Highway 5, i.e. Eckankar, Lake Ann Park, City Tree Farm, Mini-Putt, etc. A third financing challenge is the recognition that the plan calls for two bridges in the vicinity of the proposed elementary/middle school to serve as a pedestrian corridor. Bridges are not cheap--approximately $2 million each. If Track 2 is to continue to survive and therefore have a major component of the overall plan achieved, major funding into the project will be required. Ironically, this past year the federal government totally rewrote the federal transportation bill. The transportation bill has not been changed since Eisenhower introduced the freeway concept in the mid- _ 1950s. The new act specifically allocates dollars for bridge construction, pedestrian corridors, decongestion of highway systems, etc. Although the federal government has introduced major dollars which could be used for projects such as ours (Track 2 improvements), the competition for those same dollars is significant. Every city/county/metropolitan agency is submitting applications for those funds. The application process starts with the completion of an environmental assessment study meeting federal EA standards. This is similar to an EAW which is required on state contracts and, recognizing the additional costs of an EA, the state waives the necessity for an EAW if an EA has been completed. The additional level of technicality also increases costs with an EAW typically being $50,000 and an EA at $100,000 (see attached contract). Although the cost may appear totally exorbitant, the HRA must keep in mind that we are seeking $4 to $6 million in grant dollars. Completion of the EA does not guarantee our city that federal dollars will be assigned to our project by the state. We're gambling that the end of the process will in fact produce the $4 to Housing and Redevelopment Authority June 12, 1992 Page 3 — $6 million needed to make the project a reality. To reduce the gamble, staff has met with our consultants, Barton Aschman, and the state. Meetings produced the following strategy: — State Participation: The myriad of offices and agencies to approve a contract before it becomes an official state position seems endless. However, we believe that we do have — Bill Crawford and other key players' agreement that the state would act as the applicant on the federal application. Although some dollars would be at risk, we believe that we could keep expenses to a $5,000 to $10,000 range while the application was being steered — through the state agencies, and final approval given that this will in fact be a state project having priority by the state itself. Barton Aschman and Crawford also believe that this strategy has significant merit in that if they are the applicant and they have established it as a priority, it is only logical that they would use their power of allocating federal dollars to allocate them to our project. Again, should the HRA determine that the project is worth pursuing, the most at risk during the initial phase would be $5,000 to $10,000; and Local Matching Grants: Although the new federal administration bill (ISTEA) has — introduced a major new funding source for the state, it also presents a problem for the state, i.e. they simply don't have sufficient dollars to match the total dollars that may be available to our state. The state will continue to use the dollars it has available for its matching 20% share of federal dollars, but the fact remains that our state is eligible to receive more dollars than the state can reasonably match. Accordingly, any project which — offered local participation in lieu of state participation will have a much greater chance of being funded than a project which would not include local participation. The total cost to the city would then be the EA $100,000 plus local participation ($800,000 to $1.2 — million). Consultant Fees: If the city/HRA are taking a risk on whether this will become a project, — so should Barton Aschman. The intent would be to ensure that Barton Aschman had as much of an incentive as the city in pulling the plug if the process started to sour. Agreement has been reached that Barton Aschman that they will bill the costs of the EA, — including initial state endorsement time frames, on a cost basis and would forego their normal profit until the project became a reality. By this point, the Housing and Redevelopment Authority may be asking why they are being looked to by the city for funding a project which is much greater in scope than the area controlled by the HRA. Answers to the question are 1) the HRA/Economic Development — Districts have money and the city doesn't and 2) all of the project is or will be in the tax increment districts. The project generally is between County 17 and State Highway 41. The HRA district encompasses the easterly one-third of this area, the McGlynn Economic — Development District encompasses the middle third, and it is highly likely that a new district will encompass the westerly third. Accordingly,the proposal is to have the HRA funding initial costs, Housing and Redevelopment Authority June 12, 1992 Page 4 including the EA process, with the understanding that the ultimate local participation costs, including EA, would be evenly divided between the three districts. I am hoping that John Mullin of Barton Aschman will be available to meet with the HRA Thursday evening. cc: John Mullin, Barton Aschman -i1` Barton-Aschman Associates, Inc. 111 Third Avenue South, Suite 350 Phone:(612)332-0421 Minneapolis, Minnesota 55401 Fax: (612) 332-6180 USA May 4, 1992 Mr. Don Ashworth City of Chanhassen City Hall 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Re: Arboretum Boulevard Preliminary Engineering and Final Design Draft Scope of Services Dear Mr. Ashworth: As requested by the city, Barton-Aschman Associates, Inc. has assembled a draft scope of work for the referenced project. This scope of work, as outlined in Attachment A, addresses a specific process which must be completed in anticipation of federal funding. Our scope of work for Arboretum Boulevard is divided into two phases of development. They are: • Phase 1.0 - Preliminary Engineering and Environmental Study • Phase 2.0 - Final Design and Construction Documents Barton-Aschman anticipates that the project will be a Class III action according to the FHWA regulations and will require an Environmental Assessment (EA). To facilitate the EA process the state must be the review agency and sponsor the project. Therefore, we will meet with you and members of your staff to discuss a project approach and timeline which can he presented to MnDOT. Barton-Aschman Associates, Inc. May 4, 1992 Page 2 Our financial proposal for Phase 1.0 is pending your review of the attached draft scope of services. A fee estimate for Phase 2.0 cannot be completed at this stage of the development process. However, for budget considerations a "percent of construction value" method will be discussed. We appreciate your confidence in us and look forward to providing continued guidance in the development of Arboretum Boulevard. Sincerely, — BA ' ON-ASCHMAN ASSOCIATES, INC. "Ii i--------- - if,' •avid B. arzala, P.E. Principa Associate DBW:kro Attachment ATTACHMENT A CITY OF CHANHASSEN Arboretum Boulevard (Trunk Highway 5 - North Frontage Road) Draft Scope of Services GENERAL The proposed Arboretum Boulevard project, when completed, will function as a frontage road along TH 5 providing access to properties adjacent the corridor. The project's west terminus intersects TH 41 and generally parallels TH 5 on the north for approximately 2.5 miles before terminating at CSAH 17 (Powers Boulevard). The proposed TH 5 frontage road construction will provide a new two-lane urban roadway on new alignment that meets current geometric standards for federal and state aid funded projects. A key goal of the project is to satisfy the requirements associated with securing federal funding from the Surface Transportation Program (STP) which is an integral part of the Intermodel Surface Transportation Efficiency Act of 1991 (ISTEA). Alternative geometric layouts will be prepared and evaluated utilizing traffic forecasts, land-use planning studies, and other pertinent design criteria. An Environmental Assessment (EA) will be prepared concurrent with the concept phase of the project to — determine environmental impacts associated with the action. Final design activities will commence upon approval of the final geometric layout and — Environmental Assessment. 1.0 PRELIMINARY ENGINEERING AND ENVIRONMENTAL STUDY — 1.1 Data Collection/Inventory The consultant will procure all data necessary for the completion of the tasks outlined in this scope of work. This shall include but may not be limited to: _ 1.1.1 Half-section maps, aerial photography, and plats 1.1.2 Local comprehensive plans — 1.1.3 Available roadway as-builts and right-of-way maps 1.1.4 Previous pertinent studies and reports 1.1.5 Soils information — 1.1.6 Traffic counts and forecasts 1.1.7 Wetland and floodplain maps 1.1.8 USGS quadrangle maps — 1.1.9 Utility locations 1 — 1.2 Preliminary Layouts The consultant will utilize city supplied aerial mapping of the project area to develop a maximum of two (2) design build alternatives. These alternatives will integrate comprehensive land use planning objectives with roadway alignment and intersection design. These alternatives will be prepared at an appropriate scale (i.e., 1" = 100') and will be used as a visual tool during the public involvement process. A roadway profile using two-foot interval contours from aerial photography will be prepared as early in the process as possible in order to develop preliminary construction limits. These construction limits will be a very important component in determining environmental impacts. These layouts will he developed in close coordination with the city and MnDOT. 1.3 Bridge Study The consultant will conduct a bridge feasibility study in the vicinity of the Bluff Creek crossing of TH 5. The City of Chanhassen is proposing a grade-separated pedestrian trail crossing at the intersection of the western fork of Bluff Creek and TH 5. The bridge study will evaluate various structure options to facilitate both the hydraulic and trail crossing. These options may include: 1. Box culvert with short span highway bridge overpass of trail only. 2. Highway bridge overpass of Bluff Creek with provisions for trail underpass. 3. Box culvert with pedestrian bridge. 4. No-build. Each bridge option will be evaluated based on bridge type, geometry, hydraulics, public safety, aesthetics, and construction cost. It is assumed that the profile of TH 5, as originally proposed by MnDOT will remain essentially unchanged regardless of the findings of this study. Therefore the analysis of the various bridge options must include compatibility with the TH 5 mainline project. 2 1.4 Agency Correspondence and Coordination 1.4.1 Contact Agencies as Appropriate and Review Environmental Issues 1.4.1.1 Minnesota Department of Natural Resources — 1.4.1.2 US Army Corps of Engineers 1.4.1.3 US Fish and Wildlife Service 1.4.1.4 Minnesota Pollution Control Agency — 1.4.1.5 Riley-Puratory Creek Watershed District 1.4.1.6 Minnesota State Historic Preservation Office 1.5 Environmental Assessment (EA) The Arboretum Boulevard project is anticipated to be a Class III action according to — FHWA regulations, 23 CFR Part 771. Consideration of FHWA's requirements is driven by the decision to seek federal funding for the project. Both MnDOT and FHWA must ultimately sign the EA, thereby indicating their adoption of the document and its findings. A Finding of No Significant Impact (FONSI) would then be requested by MnDOT and, assuming no major impacts, signed by FHWA. Barton-Aschman's proposal is to have MnDOT sponsor the project through the FONSI stage rather than have the city sponsor the project through an EAW and Negative Declaration under State of Minnesota Environmental Review Program process, and then have the EA/FONSI process done separately in order to obtain the federal funds. The major advantage of our approach is that only one document and one environmental — review process is needed, because MnDOT has received the state's approval to have an alternative review program that combines the state and federal regulations. The net result, assuming federal funding, is that the City of Chanhassen will save time and money with the MnDOT sponsorship of a single document. 1.5.1 Air Quality — The air quality analysis will be based on the results of the traffic. It will make use of turning movement volumes to estimate air pollutant emissions and concentrations. The _ procedures set forth in the EPA's "Volume 9" guidelines and emission rate correction factors from MOBILE 4.1 will he used to estimate Carbon Monoxide (CO) emissions. The CALINE dispersion model will be used to estimate CO concentrations at receptor — sites. Up to two (2) receptor sites will be modeled for one build alternative and one no- build alternative. The final concentrations will he compared with state and federal standards to determine compliance. The consultant will attend a meeting with the — Minnesota Pollution Control Agency and/or MnDOT staff in the course of this analysis. 3 Clean Air Act regulations are currently being developed by EPA. An areawide burden analysis may be necessary for this project if the project meets regional threshold criteria yet to he established. This scope of work does not include such an analysis. 1.5.2 Bicycle and Pedestrian Movement Bicycle and pedestrian trail planning within or near the project corridor will be investigated on both a local and state governmental level. Any disruption or conflict with these activities will be identified and mitigation measures discussed. 1.5.3 Construction Impacts Construction impacts will focus on maintenance of traffic under construction, temporary dewatering and dust and noise controls. Three build alternatives will be analyzed and these may have similarities in terms of their impacts. Earthwork management will be evaluated specifically in the area of excess material disposal. It is assumed that the no- build alternative will have no construction impacts. Note: Emphasis will he placed on mitigating the effects of construction, particularly temporary disruption of access to businesses and residences and possible traffic detours. 1.5.4 Socioeconomic and Neighborhood Impacts This task includes the following suhtasks: • Demographic research of study area (residential, employment, population) • Social impacts to neighborhoods (community cohesion) • Impacts to sensitive groups (elderly, handicapped, children, minorities) • Pedestrian/bicyclist impacts • Right-of-way impacts (relocations, access changes) Census data for 1990 that is readily and currently available will be used to determine the demographics of the area. Local planning agencies are expected to provide information on socioeconomic trends, community cohesion, etc. Right-of-way impacts will include a conceptual stage relocation analysis and analysis of access changes to businesses, homes, farmsteads, and industry. 4 1.5.5 Erosion Temporary and permanent erosion control measures are required because of the topography of the area and the interspersion of streams and wetlands. US Soil Conservation Service maps for Chanhassen will be reviewed to identify the presence of — erodible soils. Impact are where damage from erosion is probable will be identified in the EA. Erosion control measures, in particular MnDOT standard specifications for construction (18035 and 2573) will be identified. If special provisions are warranted and — practicable, these will be discussed as mitigation measures. 1.5.6 Farmlands Farmland Protection Policy Act (FPPA) procedures will be followed for this project. If necessary, Form AD-1006 will be submitted to the Soil Conservation Service for site assessment. 1.5.7 Floodplains The consultant will identify designated floodplains within the study corridor. Floodplain encroachments due to the proposed project will be estimated. Recommendations will be made regarding necessary measures to mitigate unavoidable impacts of the project. 1.5.8 Groundwater, Geology, and Earthborne Vibrations The consultant will gather available data on the bedrock hydrology, surficial geology, — groundwater table, and wells within the study corridor. Data will be gathered through contacts with public agencies, literature search, review of maps, and site visits. Potential impacts from the proposed project and necessary mitigation measures will be identified. — 1.5.9 Identify Potential Contamination Sites Potential sources of existing soil, and water (surface and groundwater) contamination in the project corridor will be identified. A review of historical records/references and a site reconnaissance will be made. Specific tasks to be conducted include: — A. Contact with all appropriate federal, state, and local regulatory agencies to review records of past hazardous materials incidents (eg., spills, improper storage, — discharges, leaky underground storage tanks, etc.) that may have occurred on the site or in nearby areas that could affect the site. At a minimum, this will involve a review of the following data sources: 5 • National Priorities List • Comprehensive Environmental Response, Compensation, and Liability Information System • MPCA Permanent List of Priorities • MPCA Regulatory compliance, Hazardous Waste Enforcement Log • MPCA List of Permitted Solid Waste Facilities • MPCA Hazardous Waste Permit Unit Project Identification List • MPCA 1990 Metropolitan Area Waste Disposal Site Inventory • MPCA Statewide Open Dump Inventory B. A literature review pertaining to the environmental setting, including site geology, groundwater, surface waters, potable water supply, and sensitive environmental areas. These issues will he addressed in other sections of the Environmental Assessment and incorporated, as needed, in the contamination assessment. C. A physical site inspection of the proposed corridors to evaluate the potential for past or present hazardous materials usage. Based on this information, if it is determine that additional investigation is required (environmental audit), that work will be handled through a supplementary contract. 1.5.10 Cultural Resources A subconsultant will conduct a visual inventory of the project corridor to identify areas of historical or archaeological potential. In addition, the subconsultant will conduct a Phase I review of the corridor which includes a literature and records search; interviews with local informants; preparation of report (map showing known sites and areas with cultural resource potential, supplemented with written descriptions and comments). Based on this information, if it is determined that additional investigation is required (Phase II and III), that work will be handled through a supplementary contract. 1.5.11 Land Use, Zoning, and Community Facilities Land use and zoning in the project area will be identified and inventoried from a site reconnaissance, aerial photographs, and local planning sources. Impacts to land use and zoning patterns resulting from the project will be analyzed. Public and private community facilities (schools, churches, public buildings, etc.) in the vicinity of the project area will he inventoried and any projected impacts to such facilities will he analyzed. Emergency services in the project area will be identified and changes in services to the study area will he analyzed. One person-day of site reconnaissance/ meetings is included in the scope of work. 6 1.5.12 Noise Analysis The noise analysis will identify and quantify the noise impacts associated with the construction and operation of the proposed project. The existing land uses along the proposed roadway alignment will be examined and field monitoring of noise levels conducted to quantify the existing noise environment. The monitoring will he done by the consultant with an approved noise level analyzer at up to six sites which may be considered representative of the land use conditions over a larger area. Future noise levels along the proposed roadway will be predicted for each alternative by utilizing the STAMINA 2.0 traffic noise computer model. The predicted noise levels will then he compared with the existing noise levels and with the appropriate federal, state, and local noise standards to determine where noise mitigation measures are justified. The effectiveness of the various potential mitigation measures will also be evaluated. Construction noise impacts will be estimated and potential mitigation measures identified. The results of the noise analysis will be presented in the EA. 1.5.13 Parks and Recreational Lands Park and recreation evaluations for the proposed build alternative will be included with _ the land use inventory in order to determine any known affected public recreation land, wildlife management areas, school properties, or archaeological or historic properties. The focus of this subtask will he to demonstrate to all agencies that, through careful — design, the encroachment on these lands is being avoided or held to the minimum required. The city does not expect that 4(f) involvement and 6(f) involvement will occur at Lake Anne Park because the city will assume responsibility for constructing this — segment of the frontage road. If Section 4(f)/6(f) evaluations are necessary, they will be conducted and processed with the EA document through a supplemental agreement. 1.5.14 Right-of-Way and Relocation The purpose of this special study is to identify the right-of-way impacts associated with the proposed alternatives. This task requires identification of affected parcels including property ownership, market value, year of construction and tax assessments, and existing and planned land use. All partial and total acquisitions will be identified as well as a survey of potential replacement sites for any displacements created by each alternative. The findings of this analysis will be presented as a summary in the Environmental Assessment. 7 1.5.15 Stream Modification The proposed study corridor is in rolling hills west of Chanhassen in a developing area. There are several small drainage crossings of the existing highway. The proposed project would likely involve construction of new drainage crossings (probably culverts), potential storm sewer construction in areas of cut with steep backslopes, and storm water quality facilities. Stream modifications may result from these activities. These modifications will be described and any results impacts will be discussed. 1.5.16 Traffic This section of the Environmental Assessment will discuss the impacts of traffic operations and mitigation measures. Traffic operations issues could include delays, detours, signal operations, and turning movement conflicts. Traffic volume and speed information will be used as a basis for this analysis, along with the geometric design of the alternatives. An evaluation will be made of the impacts of these operations on the immediate environment and on regional and through travel. 1.5.17 Vegetation, Fish, and Wildlife Natural vegetation can be expected within the project study area in association with streams and wetlands. Major sites will be identified through field reconnaissance, and characterized as to quality. DNR area biologists will be consulted for location of natural vegetation that is _ particularly unique to the area. Particular attention will be given to parcels of undisturbed native vegetation that should be preserved for urban wildlife corridors. Impacts to natural vegetation by each alternative will be identified and compared to determine the least impact alternative. Habitat for fish and wildlife can be expected in the project study area. Expected and _ known fish and wildlife will be identified through contact with public resource agencies and the published literature. DNR wildlife and fisheries biologists will be consulted regarding locally occurring species. Special attention will be given to identifying movement patterns in relation to the existing roadway. Impacts to habitat types and fish and wildlife species will be identified. Measures to minimize impacts will be described. 1.5.18 Visual Quality Impacts The visual quality impact analysis will follow MnDOT's six-step Visual Impact Assessment Process. Visual resources and viewers will be identified, existing visual quality will be defined, impacts will be analyzed and summarized for each build 8 alternative and mitigation methods will be identified. Photographs will be taken of the project area, and a maximum of three (3) will be used to illustrate sensitive visual resources in the Environmental Assessment Document. Determination of significant visual impact will be based upon the proximity to and number of people viewing the affected area. 1.5.19 Threatened and Endangered (T & E) Species Threatened and endangered (T & E) species are not expected to occur within Chanhassen. However, DNR will be consulted should the field reconnaissance identify — unexpectedly high quality areas. DNR Natural Heritage Program database will be searched and DNR nongame biologists will be consulted for documented occurrences of state and federal T & E species and rare communities. If any such species or communities are identified, a supplemental agreement will he negotiated to conduct a biological assessment and to determine practical and feasible mitigating measures. 1.5.20 Water Quality — The consultant will contact public agencies to obtain existing water quality data for the receiving water bodies impacted by the project and to review the criteria and — requirements for water quality. Runoff quality and impacts to receiving water bodies will be assessed. Mitigation related to TH 5 improvements will he coordinated with watershed plans as well as the comprehensive drainage plan of Chanhassen. 1.5.21 Wetlands The consultant will review existing public agency wetland maps, aerial photography, and — topographic maps to identify wetland areas. A field survey will be made to verify the wetland types and limits. Public agencies will be contacted to verify the wetland types, limits, and specific concerns within the study corridor. Potential impacts of the proposed highway project alternatives will be quantified. If permits at the local, state, or federal level are needed for the project, they will be listed in the EA. However application for and processing of permits is beyond the scope of the EA. 1.5.22 EA Documentation and Review The Environmental Assessment (EA) document will consider a build alternative plus the no-build alternative within the project corridor. The EA will be prepared in 9 conformance with the MnDOT HPDP guidelines, which meets the FHWA requirements. The EA will describe the social, economic, and environmental impacts of the proposed project and offer mitigating measures to eliminate or lessen those impacts. The EA will summarize the impact studies as listed in 1.5.1 through 1.5.21 of this section. A draft EA (20 copies total) will be submitted to the City of Chanhassen and MnDOT Metro District and Central Offices for internal review. The review will take 14 calendar days from receipt of the report on the date established with the consultant. Following review of the draft, comments will be discussed at a progress meeting. The consultant will then incorporate the changes into a final report submitted for signatures (12 copies). Time for revision of the draft EA will be included in the project schedule. However, it is assumed that changes (if any) to the final report submitted for signatures will be of a minor, editorial nature and, therefore, no revision time will be included in the schedule. Upon receipt of the signed cover page (after 14 calendar days), the consultant will provide 50 copies to MnDOT for distribution by an agreed date. Twelve (12) additional copies of the final approved document will be submitted upon request. 1.5.23 Meetings News releases and legal notices of the location public hearing will be prepared by the consultant and distributed in advance of the meeting. The purpose of this hearing, conducted by the consultant, is to provide information on the location and preliminary design of the alternatives studied in the EA and to receive public input on the project. The consultant will review the potential impacts of each alternative and prepare the informational materials and graphics needed for the presentation. If prudent, the location public hearing could be combined with the design public hearing, thereby providing as much information available as possible for public and reviewing agencies consideration. Public input received at this hearing will be considered in the selection of the preferred alternative. MnDOT will make arrangements for the meeting facility. All oral comments recorded on the transcript and all written comments received at the hearing and during the comment period will be included in the documentation of the hearing proceedings which will be compiled by the consultant. This information will be summarized in the Negative Declaration/FONSI submission package for FHWA. 1.5.24 Negative Declaration A Negative Declaration is the state equivalent of a FONSI at the federal level. The Responsible Governmental Unit (RGU), in this case MnDOT, makes the Negative 10 Declaration and distributes a notice of its decision not to prepare an EIS to all agencies and persons on the EA distribution list, to those persons who offered comments on the — EA, and upon request. The consultant will coordinate with the city, MnDOT Office of Environmental Services and Golden Valley-Metro West District. The consultant will draft a letter stating the MnDOT decision and attach any supporting findings of fact and conclusions. The — Findings of Fact will briefly summarize comments received on the EA and MnDOT's responses in addition to procedural findings. 1.5.25 Finding of No Significant Impact (FONSI) MnDOT requests that FHWA issue a FONSI on the basis of information contained in — the EA and any comments received on the report or through public or agency involvement. The request also indicates the reasons for selection of the preferred alternative. — The consultant will prepare the request package as follows: A. Assemble EA, hearing transcript, and comment file. B. Prepare a statement of the preferred alternative and why it has been selected. — C. Respond to any substantive comments in a brief narrative. It is assumed that the EA will already be reviewed and approved by FHWA prior to the public hearing. — However, new comments received during and after the hearing will be addressed for the FONSI request. New technical analysis is not assumed to be needed. The consultant will coordinate with individuals within MnDOT and FHWA designated for processing of the request: • District - Project Manager • Project Liaison Office • Environmental Services • FHWA — • Office of Technical Support and District Office - Preparation of State Negative Declaration 11 MnDOT will be responsible for all required notifications and press releases concerning either the FONSI and/or the Negative Declaration. It is assumed no significant delays in the project occur that would require re-evaluation of the FONSI or Negative Declaration. 1.6 Final Geometric Layout After selection of the preferred alternative, the consultant will develop the final geometric layout at a scale of 1" = 100' and the vertical profile at a scale of 1" = 10' vertical and 1" = 100' horizontal. All map annotation, title block, index map, traffic _ forecasts, and geometrics will be shown on this layout. The layout will be submitted for city and state approval. 1.7 Study Report (SR) The SR will document major design features and mitigation for the Arboretum Boulevard project. This report will meet the form and content requirements listed in the MnDOT HPDP Handbook Vol. I.P. C19-32. The draft SR will be submitted to the city for agency review. The consultant will incorporate review comments into a final SR and _ submit for signature. 1.8 Project Management/Meetings 1.8.1 Management A level of effort will be maintained to assure communication between the city and Barton-Aschman. This will include coordination with affected agencies and monitoring of technical aspects of the project. Supervision of subconsultants will also be provided. The project manager will oversee the project to assure the project schedule is adhered to and deliverables are submitted on time. Monthly progress and status reports will be completed and submitted to the City of Chanhassen. 1.8.2 Project Progress Meetings The consultant will attend project team meetings involving city staff and other interested parties as deemed appropriate by the city. It is recommended by the consultant that a Technical Advisory Committee (TAC) and Citizens Advisory Committee (CAC) be formed to provide for ongoing communication, coordination, and technical input. The _ TAC would consist of staff from the consultant, city, county, MnDOT, University of Minnesota, permitting agencies, and other authorized technical representatives. The CAC may include city elected officials, neighborhood groups, and business owners. The _ CAC would also include a member(s) from city staff and the consultant. 12 The consultant will prepare meeting agendas. Meetings will be attended by members of the consultant staff representing specific disciplines pertinent to anticipated discussion items. It has been assumed for estimating purposes that monthly meetings will occur. A meeting report will be prepared by the consultant within 10 calendar days of the meetings highlighting the discussion items. The report will be distributed to all participants. The consultant has identified the following meetings as a requirement for the proposed roadway development process: • Citizens Advisory Committee meetings - 6 meetings — • Technical Advisory Committee meetings - 12 meetings • City Councils/Commissions - 2 meetings each, 4 total — Note: The meetings associated with the EA process are made an integral part of Section 1.5. — 2.0 FINAL DESIGN AND CONSTRUCTION DOCUMENTS The consultant will perform the final design and prepare detail construction plans for grading, surfacing, drainage facilities, and other detailed construction features that may he unique to the project. The plan sheets will be prepared with the consultant's — AutoCAD Version 11 computer-aided drafting system and supporting computer-aided design software and incorporated into the TH 5 contract documents. The form and content of all plans will comply with the MnDOT Technical Manual and current — MnDOT design practices. Plan review and approval will be conducted in two stages conforming to Section 2.4.1. 2.1 Field Surveys/Design Basemapping 2.1.1 Supplemental Control and Design Surveys The consultant has retained as its subconsultant, Enviroscience, Inc. an Eden Prairie based engineering and surveying firm to perform all field surveys associated with the project. 2.1.2 Design Basemapping Barton-Aschman has investigated various methods of procuring design level — basemapping. Based on this investigation the consultant proposes to utilize MnDOT 13 — 1" = 250' scale 1991 aerial photography to map the corridor north of TH 5. Initial review of the aerial photography indicates adequate coverage exists. The consultant will supplement the MnDOT TH 5 mapping to include the limits of proposed Arboretum Boulevard. The extended mapping coverage would be provided by our subconsultant, Martinez Corporation. Supplemental field surveys may be required to annotate planimetric mapping. 2.2 Geotechnical 2.2.1 Soils Investigation The consultant has retained as its' subconsultant, Braun Intertec Engineering, Inc., to perform all geotechnical investigations along the project. A detailed scope of work and approach is attached and made a part hereof. 2.3 Right-of-Way Preacquisition/Construction Limits _ To expedite the project's right-of-way process a right-of-way plan will be prepared by the consultant and submitted to the city. The plan will show all necessary existing physical features, existing right-of-way, construction limits, and proposed right-of-way. All temporary and permanent easements required will be identified as early in the design process as possible. The city will conduct all title investigations, right-of-way plat descriptions and parcel areas, appraisals, and acquisition. 2.4 Detail Design and Preparation of Roadway Plans 2.4.1 Plan Review and Approval The consultant shall submit the plans for review and approval at two stages of development: Stage I (30 percent complete) The consultant shall submit translucent prints of partially completed plans to the county for review. These plans shall include existing topography, proposed horizontal and vertical alignment, plan layout of proposed construction, proposed drainage concepts, and typical sections. Approvals of these features by the city shall be obtained before proceeding with further development of the plans. 14 Stage IT (90 percent complete) After receiving approval of Stage I, the consultant shall complete the plans in accordance with the review comments for Stage I and submit translucent prints to the city for review. These plans will be substantially complete in all respects excluding computation of final — quantities. After the detail review by the city, the consultant shall submit the completed original — plan sheets corrected in accordance with the review comments. The city will submit plans to MnDOT for review and approval. Approval and acceptance of the plans will be based on the review of the completed plans in their final form. The consultant shall submit a copy of the checked design and quantity calculations. These computations shall be submitted on 8-1/2" x 11" sheets as far as practicable and bound in a neat and orderly manner. 2.4.2 Roadway Design The consultant will prepare the roadway design and construction plans for Arboretum Boulevard. The roadway design elements will be guided by the approved preliminary layout, the design Study Report, and all applicable design standards. The roadway design and construction plans will include but not limited to the _ preparation of the title sheet, estimated quantities, construction tabulations, typical roadway sections, construction details, and standard plates related to roadway design, alignment plan, construction plans, profiles, and cross-sections. — A brief discussion of each major design element follows: 2.4.2.1 Design of horizontal and vertical alignments to meet the site distance, typical section, clear zone, super elevation, and other requirements identified by the SR. The alignment and profile will be designed in a cost- effective manner to minimize earthwork elements and fit with the existing topography. A tabulation of the horizontal alignment will be included. 2.4.2.2 General layout plans identifying the new roadway construction and the construction limits at in-place roadways within the project limits will be prepared. These plans will show the layout and sheet numbers for plan — sheets covering the project area. 2.4.2.3 Typical sections identifying the roadway cross-section dimensions, cross- — slopes, and earthwork elements will be prepared. Typical sections will be 15 included, as necessary, to identify the cross-section elements for each segment along the proposed roadway. 2.4.2.4 The consultant will compute the volumes of the various elements of the earthwork for the project. An earthwork summary will be prepared that indicates the required quantities of earthwork materials and earthwork balance. 2.4.2.5 Construction plans identifying the detailed roadway and intersection geometrics and surfacing types will be prepared. These plans will identify lane and shoulder dimensions and locations, curb and gutter type and location, end nose treatments, and other construction elements. These plans will show existing topography outside of the construction limits and how the proposed construction limits and how the proposed construction matches the existing topography. Special details will be included as necessary. _ 2.4.2.6 Cross-sections will be prepared to show the existing ground surface, top of grading subgrade, and proposed finish surface at each 100-foot interval along the proposed roadway and at all critical locations. These cross- sections will identify the proposed earthwork elements and will include the existing utility locations. 2.4.2.7 Erosion control measures will be designed and included in the plan sheets for erosion control and turf establishment items. Plans for establishment of special roadside vegetation will be prepared for specific areas identified by the state or other agencies. 2.4.2.8 Tabulation of construction quantities defined by standard pay items will be prepared. These tabulations will include notes covering special requirements and modifications of the standard pay items. 2.4.2.9 A statement of estimated quantities listing all of the pay items will be prepared. This statement of quantities and list of pay items will include the breakouts for federal/state and local shares of the construction items. 2.4.2.10 Structural plans for bridges and box culverts will be prepared by the MnDOT Office of Bridges and Structures. The consultant will coordinate the design of these structures and incorporate these plans in the final plan set. 16 2.4.3 Signal Justification Report (SJR) The consultant will prepare a SJR and warrant analysis in accordance with MnDOT — policy and procedure at a maximum of two (2) proposed intersections within the project limits. Traffic forecasts and counts will be provided by the city. 2.4.4 Traffic Signal Design Following approval of the SJR, the consultant will design traffic signal systems in accordance with state standards at those warranted intersections discussed in Section 2.4.3. Plans will include intersection layout at 1" = 30' scale, pole locations, head — placement, phasing and detection schemes, wiring diagrams, and power source. 2.4.5 Drainage Plans The consultant will design all surface and subsurface drainage facilities, including any ponding requirements, in accordance with the City of Chanhassen Surface Water — Management Plan and Drainage Design and Erosion Control, Chapter 8 of the MnDOT Road Design Manual. The consultant will make provisions for installation of culverts at hydraulic crossings. Temporary erosion control measures will also be incorporated into this plan. Slope design, turf restoration, and special control structures will be assessed by the consultant to provide permanent erosion control within the project limits. 2.4.6 Utilities For the purpose of this agreement "utilities" shall mean and include all privately, — publicly, or cooperatively owned communication lines and facilities; any system, lines, or facilities for the distribution or transmission of electrical energy, gasoline, oil, gas, water, steam, or the exclusive collection of sewage. The construction plans prepared by the consultant shall be complete in respect to the showing of in-place utilities and the relocation of utilities, both privately and publicly owned. When designs have reached the state of progress that the effect on in-place utilities can he determined, the consultant shall furnish the city one transparency of each plan and cross-section sheet showing the in-place utilities and its recommendations for such protection and relocations as may be necessary. The final locations of all private utilities will be determined by the city and affected utility owners, and such information — will be furnished to the consultant who shall show said final locations on the final construction plans if the information is furnished prior to completion of the plans. 2.4.7 Traffic Control and Staging Plans The consultant will prepare a traffic control plan in conjunction with the City of — Chanhassen to include the identification of detours, any temporary signing, temporary 17 — pavement markings, and temporary barriers or flagging requirements. Traffic control plans will be prepared at a scale of 1" = 50' and will be based on project staging plans. All traffic control shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). 2.4.8 Landscape Plan Based on construction limits established by the consultant, an inventory of significant trees affected by the project will be conducted and analyzed. Conformance with the city's tree replacement policy will be reviewed and implemented into the overall planting plan. The city's staff may assist in coordinating this effort. A native restoration and planting plan will be prepared along the project limits including any wetland mitigation areas. 2.4.9 Special Provisions The consultant shall prepare the Special Provisions for those items, details, designs, and procedures for which the consultant is responsible. Specifications which will apply to this project are contained in the 1988 edition of the Minnesota Department of Transportation "Standard Specifications for Construction" and all supplemental specifications thereto. The Special Provisions will be submitted to the county in hard copy form and on a computer disk in WordPerfect 5.1 format. 2.4.10 Cost Estimates The consultant shall prepare the engineer's estimate for the proposed construction project. 2.4.11 Permits After the final design is complete, a field inspection involving the US Fish and Wildlife Service, Corps of Engineers, the Minnesota Department of Natural Resources, the City of Chanhassen, and the local watershed district will be conducted by the consultant in conjunction with the city to make a final confirmation of permits identified in the EA (see Section 1.5). The consultant shall prepare and submit permit applications and secure the necessary federal, state, and local approval of those permits. 18 A Summary Intermodal Surface Transportation Efficiency Act of 1c191 d Tr,sportonon rica ty, ifket -ogw0 � Pimtio ' To fo . -- - fog ___ Message by Transportation Secretary Skinner Summary of The Intermodal Surface Transportation Efficiency Act of 1991 The intermodal Surface Transportation Efficiency Act of 1991,signed into Law by President Bush in December 1991,establishes a new vision for surface transportation in America. It represents a victory for the Nauon. its citizens.and our economic vitality. The Bill embodies one of the President's top domestic agenda items: the renewal of our surface transportation programs to address the changing needs for America's future. It will create jobs, reduce congestion, and rebuild our infrastructure. it will help maintain mobility. It will help Stat-and local governments address environmental issues. Finally, it will ensure America's 4 ability to compete in the global marketplace of the 21st Century. ice_ -- Overall. this landmark Bill .= •_t- embodies the Presidents vision ; and direction as stated in his National Transportation Policy. It maintains and expands the Nation's Transportation system: fosters a sound financial base for transportation; keeps the industry strong and competitive:and promotes safety, protects the environment,and improves the quality of life_ To all our partners in the transportation community, who worked so hard and long for this Bill, best wishes for every success as you take this Bill and caste our transportation system of the 21st Century. Samuel K. Skinner Secretary of Transportation - CONTENTS TITLE in_FEDERAL TRANSIT ACT AMENDMENTS OF 1991 21 Transit Formula Programs....»»». 21 Section 3 Discretionary and _ Formula Capital Program. .......... 22 New Starts................... ... 22 Rail Modernization..........»._.» 23 Busand Other........»..».».»_... 23 TITLE 1—SURFACE TRANSPORTATION..-.-- 7 Matching Ratio..........»»................. 24 — Transit Planning and Research Program. 24 Programs »....._.».... ....»..._...._._7 National Highway System.-......_......-.. _„» .__7 Trni TV—MOTOR CARRIER ACT OF 1991 27 — Interstate 8 Motor Carrier Safety Assistance Program(MCSAP) 27 Surface Transportation Program (STP).--_____8 State Participation in IRP and 1FTA. 27 Congestion Mitigation and Air Quality Single-State Registration....»._..._.. 27 Improvement Program............_...... Longer Combination Vehicles(LCV) 28 Budge Replacement and Rehabilitation Program ._---,_1 __.9 TITLE v—INTERMODAL TRANSPORTATION 29 Federal Lands 10 — Special Grant Programs »»»,_..,,,,, 10 TITLE vi—RESEARCH Equity Adjustment Categories _„11 PART A- PROGRAMS,STUDIES. Other Important Provisions ._...», 13 AND ACTIVITIES 31 — Eligible Activities .....»_.-,..—. ......13 Research and Technology 31 Metropolitan Planning and Project Selection. 14 International Highway Transportation Statewide Planning -,.,. 15 Outreach Program..._.... 32 Management Systems 1S Bureau of Transportation Statistics 32 Program Operation .... 16 National Transit Institute. 32 Toll Roads _.... .......16 University Transportation Congestion Pncing ..._......_.. 17 Centers/Research Institutes 33 — • Outdoor Advertising --- 17 Intelligent Vehicle-Highway Systems (IVHS) .33 National Maximum Speed Limit Advanced Transportation Systems and Compliance Program ._. 17 Electric Vehicles. 34 TITLE n—HIGHWAY SAFETY 19 TITLE vn—AIR TRANSPORTATION 35 Motor Vehicle Safety and Cost Savings....-.._..._.»_ 19 TITLE vin—EXTENSION OF — State and Community Grants— HIGHWAY-RELATED TAXES AND 402 Program » 19 HIGHWAY TRUST FUND 37 Safety Research and Development- - 403 Program ._ _. 20 TABLES Alcohol-Impaired Driving Incentive Grant— 410 Program _ ----- 20 • 1 -Authorizations. 38-39 — Drug Recognition Expert » 40-41 Training Program - _,.,».....__ 20 2-Federal Share and Availability National Driver Register Act........._...... ._...20 for Significant Programs 42 — 3 4 Intermodal * The private sector is tapped as a source for funding transportation improvements. Restncuons on the Surface Transportation Efficiency Act of 1991 use of Federal funds for toll toads have been relaxes and private entities may even own such facilities. * The Act continues discretionary and formula funds n December 1991, the President signed the for Mass transit Intermodal Surface Transportation Efficiency Act of 1991 providing authorizations for highways, highway * Highway funds are available for activities that safety.and mass transportation for the next 6 years. enhance the environment,such as wetland banking. Total funding of about 5155 billion will be available in mitigation of damage to wildlife habitat historic fiscal years (FY) 1992-1997. (See authorization table on sites,activities that contribute to meeting air quality pages 38-41 for a summary of funding by program.) standards, a wide range of bicycle and pedestrian projects,and highway beautification. The purpose of the Act is clary enunciated in its statement of policy. * Highway safety is further enhanced by a new program to encourage the use of safety belts and "to develop a N'ationaI motorcycle helmets. Intermodal Transportation System * State uniformity in vehicle registration and fuel tax that is economically efficient, reporting is required. This will ease the environmentally sound, provides the recordkeeping and reporting burden on businesses foundation for the Nation to compete and contribute substantially to increased productivity of the truck and bus industry. in the global economy and will moi a people and goods in The bill's comprehensive coverage is reflected in its an energy efficient manner" eight atles: The provisions of the Act reflect these important - policy goals. Some of the major features include_ TITLE 1— Surface Transportation (related to highways) * A National Highway System (NHS). consisting TTTLE primarily of existing Interstate routes and a portion n— of the Pnmary System. is established to focus Federal Highway Safety resources on roads that are the most important to TITLE m— Interstate travel and national defense, roads that Federal Transit Act Amendments of 1991 connect with other modes of transportation,and are TtTLz N_ essential for international commerce.. Motor Carrier Act of 1991 * State and local governments are given more 1T LE v— flexibility in determining transportauon solutions, Iattrmodal Transportation whether transit or highways, and the tools of Tm.E VI— enhanced planning and management systems to Research guide them in making the best choices. 7771,E vu— Air Transportation * New technologies. such as intelligent highway systems and prototype magnetic levitation vehicle- TITLE x trtri— systems,are funded to push the Nation forward into Extension of Trust Fund. Taxes thinking of new approaches in providing 21st and Highway Trust Fuad. Century transportation. 5 6 TITLE 1 proposed by the Secretary of Transportation, after consultation with the States, must be designated by law Surface Transportation bY September 30, 1995. In the interim, the NHS will consist of highways classified as pnncipal anenals. The NHS funding level is S21 billion for the 6 years_ histitle covers matters relating mainly to highways. Authorizations of S121 billion an provided in this title through programs that have The formula for distribution is the same as for the Surface Transportation Program (STP) program (see • been dramatically restructured from previous highway discussion below). A State may choose to transfer 50 percent of the NHS funds to the new STP program: if the law. Some of the program funds are distributed through procedures that arc significantly different from the Secretary approves, 100 percent may be transferred. formulas of the past. Layered on these differences are revised program eligibiliues and requirements. Interstate P GRAMS Although a pan of the NHS, the Interstate System will retain its separate identity and will receive separate The Federal-Aid Highway Program, for the put 20 funding. Provided is: years, had been directed primarily toward the •construction and improvement of four Federal-aid Complete funding of Interstate Construction (S7.2 systems— Interstate, Primary, Secondary and Urban— billion). which constituted about 851,000 miles of the 3.9 million • — miles of roads in the United States. Now, instead of four Interstate Substitute highway projects (S960 million) (Interstate Substitute transit projects are funded at Federal-aid systems. there are two systems: $325 million in Tide III). • the National Highway System.and • the Interstate System, which is a component • An Interstate Maintenance program.at a total of$1; of the NHS. billion, finances projects to rehabilitate, restore, and resurface the Interstate System. Reconstruction is also eligible if it does not add capacity. However. Plus, a new block grant type program, the Surface Transportation Program.will be available for all roads high-occupancy-vehicle—HOS —and auxiliary lanes not functionally classified as local or rural minor can be added. — collector. Thus, the Federal-aid program will encompass about 920.000 miles and will be based on a new The formulas for the three Interstate programs are framework_ basically the same as in previous law Interstate Construction and Interstate Substitute are based on an The major Federal-aid programs are discussed below, estimate of cost to complete. The factors used for For a more complete list of authorizations and programs Interstate Maintenance, like the previous Interstate refer to Table 1 on pages 38-41. Federal shares and Resurfacing, Restoration, Rehabilitation,and = availability periods are also shown on Table 2 on page 42 Reconstruction, (4R) program,are lane miles and vehicle miles travelled. National Highway System Surface Transportation Program The National Highway System will consist of The Surface Transportation Program (STP) is a new 135.000 miles (plus or minus 15 percent) of major roads block grant type program that may be used by the States in the United States. Included will be all Interstate routes, and localities for any roads (including NHS) that are not a large percentage of urban and rural pnncipal arterials, functionally classified as local or rural minor collectors. the defense strategic highway network, and strategic These roads are now collectively referred to as Federal- highway connectors. The system,which will be aid roads. Bridge projects paid for with SIP funds are not restricted to Federal-aid roads but may be on any 8 public road. Transit capital projects arc also eligible Bridge Replacement and Rehabilitation Program under this program. The Bridge Replacement and Rehabilitation Program The total funding for the STP over the 6 years is is continued at a total authorization level of 516.1 billion 52.3.9 billion. However, this level may be augmented by to provide assistance for any bridge on a public road. the transfer of funds from other programs and by the The program is basically unchanged from previous years equity funds (Donor State Bonus, Reimbursement, Hold in its formula and requirements. However,newly eligible Harmless,and 90 Percent of Payments)which may be are bridge painting, seismic retrofitting,and calcium used as if they were STP funds. In addition, Minimum magnesium applications. A timber bridge research and Allocation funds may be used for STP projects,as well as construction discretionary program is established with for projects under certain other categories. 550.5 million in funding. Forty percent of a State's bridge funds may be transferred to the NHS or the STP; - The formula for distribution of funds is based on the transferred amounts are not subject to the STP set- each States FY 1967-1991 share of total national funding asides and sub-State distribution requirements. v.-ith appropriate adjustment for Interstate Maintenance and Bridge apportionments. Federal Lands Once the funds are distributed to the States. eachThe Federal Lands Program authorizations, State must se: aside 10 percent for safety construction previously available through four categories,are now activities. i.e.. hazard elimination and rail-highwayprovided through three categories— crossings. and 10 percent for transportation enhancements. which encompass a broad range of Indian Reservation Roads, environmental-related activities The State must divide • Parkways and Park Roads,and 50 percent (62.5 percent of remaining 80 percent) of the • Public Lands Highways, which incorporates the funds by population between each of its areas over previous Forest Highway category. 200.000 and the remaining areas of the State. nit- remaining 30 percent can be used in any area of the State. Total funding for Federal Lands is 52.6 billion. The Areas of 5.000 population or less are guaranteed an funds are allocated on the basis of relative needs. The amount based on previous Secondary funding. Forest Highway portion of Public Lands Highways and the Indian Reservation Roads authorizations are allocated Congestion \litigation and by administrative formula, Air Quality Impro'.ement Program The Congestion, Mitigation and Air Quality Special Grant Programs Improvement Program directs funds toward transportation projects in Clean Air Act non-attainment * Special Projects—There are 539 Congressionally- areas for ozone and carbon monoxide. These projects will designated highway projects in 6 broad groups: contribute to meeting the attainment of nauonal ambient area air quality standards. if a State has none of these • High Cost Bridge; non-attainment areas, the funds may be used as if they • Congestion Relief; were STP funds. • High Priority Corridors on NHS; • Rural and Urban Access; Total funding for the program is 56 billion. The • Priority Intermodal;and funds are distributed based on each State's share of the • Innovative Projects. population of air quality non-attainment areas weighted by degree of air pollution. A 1/2 percent minimum There are other projects throughout the Act that apportionment is guaranteed to each State. receive separate funding, some with contract authority and some requiring annual appropriations. 9 10 * National High-Speed Ground Transportation Equity Adjustment Categories Programs— A magnetic levitation (Maglev) prototype development program is authorised at a Equity adjustment ategories are the funds that were sum of 5725 million X5500 million from the Trust legislated to achieve equity in funding levels among the States. They cannot be considered programs because Fund and 5225 million from the general fund). they are not directed toward a particular group of roads These funds will be directed toward the development of one prototype project selected from applicants or activities. However, they do represent amounts of across the Nation. funds that will be distributed to the States. Following is a brief description of each category's formula and eligible A separately funded (S25 million from the Highway uses. . Trust Fund and 525 million from the general fund) high- speed ground transportation demonstration program will * 90 Percent Minimum Allocation-Each State is fund selected projects that demonstrate new technologies guaranteed an amount so that its total related to any high-speed ground transportation projects, apportionments and prior year allocations for the base programs (Interstate Construction, Interstate rail or maglev,already under construction or in operation. Maintenance, Interstate Substitute. NHS.STP, Bridge,Scenic Byways.and Safety Belt and * Scenic Byways Program—Grant funds totaling Motorcycle Helmet grants) equal 90 percent 550 million are authorized for the planning, design, (compared to 85 percent in previous law) of the -- and development of State scenic byway programs. In percentage of its estimated contributions to the addition, an interim Scenic Byways grant program is Highway Account of the Highway Trust Fund. One- funded at 530 million to allow States to undertake half of the amount distributed to each State is subject scenic byways projects. Scenic byways,additionally, to the sub-State distribution rules of the STP. may be funded through the 10 percent set-aside of STP funds for enhancement activtues. Minimum Allocation funds may be used for the following: Interstate, Interstate Substitute, Bridge. ,, * Use of Safety Belts and Motorcycle Helmets— NHS, STP, Congestion Mitigation and Air Quality, The Act permits the Secretary to provide grants to Hazard Elimination,and Rail Highway Crossing States that enact motorcycle helmet and safety belt projects. use laws. To carry out this program an authorisation of 51million is provided in the first year. * Donor State Bonus—Donor States (those that Thereafter, the program will be funded by set- asides contribute more to the Highway Trust Fund than from Section 402 funds totalling 548 million. States they receive back in Federal-aid highway programs) that do not enact these laws by FY 1994 will have receive a predetermined amount (S3 billion dollars penalties applied to their STP. NHS,and Congestion over the 6 years) based on a comparison of a Mitigation and Air Quality funds. The penalty projection of all payments into the Highway Trust amounts must be transferred and used for the State's Fund and the amount received in Federal-aid 402 Safer program. apportionments. Starting with the State with the lowest return.States are brought up to the level of * National Recreational Trails Funding Program— return for States with the next higher level of return Recreational trails for non-motorised and motorized until available funds are depleted uses will be funded from the Highway Trust Fund (see Title VIII discussion). Funds will be allocated to These bonus amounts effectively are treated as STP the States based in part on the amount of non- funds, except that the amounts are available until highway recreational fuel use and may be used for a expended and one-half of the amount is subject to variety of activities to construct and maintain the sub-State distribution rules of the STP. - recreational trails. The program will be administered by the Department of Transportation (DOT) in * Reimbursement—This category reflects each State's consultation with the Department of the Interior. share of the cost of routes incorporated into the Interstate System in 1956. For each of FYs 1996 and 11 12 I99 7. 52 billion is authorized. A 1/2 percent OTHER IMPORTANT PROVISIONS minimum apportionment is guaranteed to each State. - Eligible Activities These funds will be used as if they were STP funds; however,one-half of the amount will not be subject The Act greatly expands the type of projects and to the set-asides and sub-State distribution activities that are now eligible under the basic programs requirements of the STP. Some of the notable eligibilities are: * Hold Harmless—The Act establishes a legislative * Transit capital improvements are eligible for use percentage each State must receive of the Nation's under the STP program.as noted before. Previous funding annually. The funding programs included in law only allowed the Federal-aid Urban Program this adjustment process,which includes funds to be used for transit capital. Also, transit - apportionmentsand prior year allocations,are: projects (and non-NHS highway projects) are eligibi Interstate Construction. Interstate Maintenance, for NHS funds, under certain conditions, in the NHS, STP, Congestion and Air Quality, Interstate corridor of fully access-controlled NHS routes. Substitution. Bridge, Minimum Allocation, Federal Lands. Reimbursement,and Donor State * A State may choose to use an unrestricted amount o. Bonus. NHS and STP funds on transportation planning, and research and development. Transit research and - Additions are made to the STP apportionment so that development is also eligible for STP funds. each State's total will achieve the legislative percentage One-half of Hold Harmless funds * Participation in wetland mitigaticn efforts is now an received is sub!ect to the set-asides and sub-Stan eligible use of NHS and STP funds. distnbutior, requirements of the STP. The 90 percent guarantee and priority projects are not included in * Stan up costs for traffic management and control this hold harmless adjustment. (limited to 2 years on the NHS) is eligible for both NHS and STP funds_ * 90 Percent of Pa.merits Guarantee — This category guarantees all States 90 cents in return * Improvements necessary to accommodate other for every dollar they are estimated to have transportation modes are eligible uses of both NHS contributed to the Highway Trust Fund (other than and STP hinds. the Mass Transit Account) for each year of the Act. The computation is based on all highway funds in Metropolitan Planning and Project Selection the bill,except for special projects. The metropolitan planning provisions of the Act These also will be used as if they were STP funds: feature an enhanced role for local governments. The however• one-half of the amount is not subject to the set- metropolitan planning organization (MPO) is responsible asides and sub-State distnbuuon requirements of the for developing, in cooperation with the State and affected STP. transit operators,a long-range transportation plan and a transportation improvement program (TIP) for the area. The TIP must be consistent with this plan and must include all projects in the metropolitan area that are proposed for funding with either Title 23 or Federal Transit Act monies. The planning process must now include additional - considerations such as land use, intermodal connectivity, methods to enhance transit service, and needs identified through the management systems. 13 t,; Projects in areasover 200,000 population,which In metropolitan areas, the systems must be must be designated as Transportationdeveloped and implemented in cooperation with MPO's, g Management Areas and in TMA's the traffic congestion management system (TMA), are to be selectedhry the MPO in consultation must be developed through the transportation planning with the State. except that projects on the NHS, Bridge, process. In TMA's that include non-attainment areas for and Interstate Maintenance projects are selected by the ozone and carbon monoxide, highway projects which State in cooperation with the MPO. In other areas, significantly increase capacity for single-occupant projects are selected by the State in cooperation with the vehicles must be part of an approved congestion MPO. management system. Non-implementation of the systems by FY 1996 will result in a 10 percent penalty of Metropolitan planning is funded by 1 percent of the funds authorized for the NHS, STP, Congestion apportioned highway funds and transit funds. Mitigation and Air Quality Program. Interstate Program Operation Maintenance Program and Bndge Program. In addition, metropolitan planning is an eligible activity under the States have more responsibility for standards NHS and STP. applying to highways under the new law. All non-NHS projects must be constructed in accord with standards Statewide Planning established under State law. Standards approved by the Secretary need only apply to NHS new construction, NHS Newly required under this Act are: reconstruction and NHS 3R (resurfacing, restoring,and • a statewide planning process, rehabilitating) on multilane limited-access highways. • statewide transportation plan, and • a statewide transportation program. The States may approve plans. specifications, and estimates (PS&E) on NHS 3R projects if all work meets The statewide TIP must include all projects in the or exceed standards. Also, the State can approve PS&E State proposed for funding with Title 23 or Federal on any NHS project costing less than Si million and on Transit Act funds, and must be consistent with the long- all non-NHS projects. range plan. The States' funds that are earmarked for planning and research under 2.3 U.S.C. 307(c)(1),which Certification acceptance is retained subsuntulh•as it amount to 2 percent of the major program funds,are existed. It will apply to all apportioned programs (NHS, available to carry out the statewide planning STP, Congestion Mitigation and Air requirements. with some conditions. Statewide planning gQuality, and Bridge), except for Interstate projects. Final inspection of each also is an eligible activity under the NHS and STP. project is no longer required. Management Systems Toll Roads In addition to carrying out the statewide and Tolls are permitted to a much greater degree than in metropolitan planning requirements, the State must the past on Federal-aid facilities, i.e., roads, bridges and develop, establish, and implement six management tunnels. Types of work that may be done are: • highway pavement, 1) Initial construction of toll facilities (except for • bridge. Interstate), • highway safety, 2) 4R work on toll facilities, • traffic congestion. • public transportation facilities and equipment.and 3) Reconstruction or replacement of free bridges or • intermodal transportation facilities and systems_ tunnels and conversion to toll facilities, The States can finance the management systems with 4) Reconstruction of free highways (except interstate NHS. STP, Congestion Mitigation and Air Quality, roads) to convert to toll and apportioned Bridge, and Planning funds. 15 t6 5) preliminary studies to determine the fusibility of the Transfer of funds as determined through ruiemaking above work will be required if the States fail to enforce the speed The tolls may be continued if used for transportation However,an enforcement moratorium is provided purposes under Title 23. far failure to comply,in FYs 1990 and 1991,with the speed limit requirements in effect before the Act's effective date. For the first time private entities may own the toll baliues. However. the applicable public authonty, • regardless of ownership. must ensure that Title 2.3 requirements are being anted out. A State may loan the Federal share of a project's cost to another public or a private agency constructing the project. Repaid funds may be used for any of the funding program purposes. Congestion Pricing A congestion pricing pilot program that could involve the imposition of tolls will be initiated and will consist of five projects. Up to three of the projects may be on the Interstate System. The program will be funded by 525 million of FHWA's administrative funds for each of the FYs 1992-1997. Outdoor Advertising • States may now use their regularly apportioned _ highway funds for removal of any lawfully erected nonconforming outdoor advertising sign.display, or device. Outdoor advertising controls will apply to the Interstate System and roads that were on the Federal-aid Primary System as it existed on June 1. 1991.and any highway which is not included above but which is on the National Highway System. National Maximum Speed Limit Compliance Program The Act amends the speed limit law to: I) Make permanent the law allowing 65 mph speed limit on some non-Interstate highways that are constructed to Interstate standards, 2) Provide for data collection on roads posted at 65 mph as well as 55 mph.and 3) Require regulations for a new speed limit monitoring and compliance program that will take into account different types of roads and the degree to which the speed limit is exceeded. 17 18 TITLE It Beginning in FY 1993. the amounts are made available out of Section 402 authonzations for specific purposes (Section 410 alcohol incentive grants; Highway Safety motorcycle helmet and safety btilt use law grants;and the National Driver Register). The non-construction highway safety programs, SAFETY RISEARCH AND DEVELOPMENT— which are covered under this title,are basically unchanged from existing law. A total of 403 PROGRAM 51.63 billion is authonzcd. The major programs are discussed below: a full listing of authorized programs can Much of the language of Section 403 Highway Safety Research and Development Program is restated for be found in the authorization able on pages 38-41. clarity, but the substance of the program is not materially affected MOTOR VEHICLE SAFETY AND COST SAVINGS ALCOHOL-IMPAIRED DRIVING IVE The Act provides funding to continue the pr sions INCENT GRANT— 410 PROGRAM vi of the National Traffic and Motor Vehicle Safety Act of The Act revises the existing Section 410 Alcohol- 1966, and the Motor Vehicle Information and Cost Savings Act. Impaired Driving Incentive Grant Program, making a new 6-year incentive program. Under this program the Secretary will make basic and supplemental grants to The Act includes a number of motor vehicle safer additional directions for States that adopt and implement specific programs such rulemaking requirements and as prompt suspension of the driver's license of impaired rulemaking, including drivers and mandatory sentences for persons who drive cars, while under the influence of alcohol or a controlled * Rollover protection for occupants of passenger - multipurpose passenger vehicles, and light trucks. substance * Side impact protection for occupants of For FY 1992, 525 million is authorized. and in the next 5 years,a total of 5125 million is authorized from multipurpose passenger vehicle. the sums made available for the Section 402 program. * Improved head impact protection (from interior DRUG RECOGNITION EXPERT TRAINING PROGRAM components) for occupants of passenger cars. • * Air bagcrashprotection A regional program is established to implement drug systems for drivers and right recognition programs and for training law enforcement front passengers in new passenger cars and new light officers to recognise and identify people operating a - trucks (including light buses; and multipurpose passenger vehicles. motor vehicle while impaired by alcohol,a controlled substance, or other drug. STATE AND COMML'\ITY GRANTS—402 PROGRAM NATIONAL DRIVER REGISTER ACT The Act expands the list of uniform guidelines for The National Driver Register Act of 1982 is reauthorized without change in its provisions. the State and Community Highway Safety Grant Program under 2.3 USC 402. requiring the Secretary to issue guidelines for programs on: speed limits, occupant protection, impaired driving, motorcycle safety,school buses, law enforcement services,and the collection and reporting of data on traffic-related deaths and injuries. 19 20 TITLE III The Section 18 program provides funds on the basis of a statutory formula to rural areas. The program is Federal Transit Act funded at 5937 million for the 6 years. Its share is Amendments 1 established at 5.5 percent of the total for Sections 9 and of18, up from 2.93 percent in previous law. A new requirement is that a State must use 5 percent of the funds it receives in FY 1992. 10 percent in FY 1993.and _ he transit formula and discretionary prograznsT 15 percent in FY 1994 for intercity bus service projects. requirements and program structure remain basically unchanged from previous law, but unless the State certifies that intercity bus needs have been met. achieve such objectives as transit and highway funding flexibility and identical matching shares, rail The formula factors do not change. However, areas modernization funding by formula, increased use of the under 200,000 get a slightly larger share: 9.32 percent of trust fund, and an expanded research program. However, the Section 9 amount,and larger areas receive 90.68 a number of programs, including planning and research, percent. are now funded as percentage takedowns from the total amount of funding provided rather than as separate line The Section 16(b)(2) program provides LLCMs. transportation services for elderly and disabled persons. The program authorization is established at 1.34 percent Reflecting the broader mandates of the transit of the total program or 5428 million. The current program, the L'rban Mass Transportation Administration administrative practice to allocate these funds to the is renamed the Federal Transit Administration (FTA). States is made statutory. The funds may go to pnvate, non-profit organizations or to public bodies which A total of 531.5 billion is authorized over the coordinate service. Funds can continue to be used for 6 year period of the.4n. Of this amount 518.2 billion (58 percent) is to come from the Mass Transit Account of servicapital costs or for capital costs of contracting for the Highway Trust Fund and is contract authority. The remaining 513.3 billion is authorization of appropriations Operating assistance is continued as an eligible from the general fund. The authorization table on pages expense under Section 9. Operating assistance caps will 38-41 lists all the programs and funding by year. be adjusted for inflation for all areas, not just those under 200,E as is the case in previous law. TRANSIT FORMULA PROGRAMS The formula grant programs. (2) SECTION 3 DISCRETIONARY and 18.are authorized at abillion level over the AND FORMULA CAPITAL PROGRAM 6 years. The Section 3 program is authorized at S12.4 billion for the 6 years. Funds are split 40 percent for New The Section 9 formula grant program makes funds Starts, 40 percent for Rail Modernization, and 20 percent Evadable on the basis of a statutory formula to all urbanized areas in the country. Theprogramfor bus and other. authorized at S16.1 billion for the 6 ears . For the first time.Section 9 funds may be used for highway New. Starts in 'Transportation Management Areas' (all amrne over Authorizations for new starts total 55.0 billion. New 200.000 and any other areas which the Governer Starts projects must meet the criteria that they are: requests)• if all needs related to the Americans with Disabilities Act are me:, the MPO approves,and there is a transit. 1) Based on the results of alternatives analysis and balanced local approach to funding highways and preliminary engineering: I1 2.2 2) Justified based on mobility improvement, Bus and Other environmental benefit, cost effectiveness, and operating efficiency; and Authorizations for bus and other projects total 52.5 billion. 3) Supported by an acceptable degree of local financial commitment. At least 5.5 percent of Section 3 Bus funds must be used in non-urbanized areas. Projects may not advance from alternative analysis to preliminary engineering, unless the project meets the MATCHING RATIO requirements for project justification and local financial commitment, and is considered likely to do so at the end The basic matching ratio for capital projects is of preliminaryengineering. 80 percent Federal, the same as for highway projects in the FHWA program. This is the same as previous law for The criteria are waived if: Section 9, but is an increase from the present 75 percent for Section 3. I) The project is in an extreme or severe non- attainment area and the plan is on the State The matching ratio is 90 percent Federal for the Implementation Plan. incremental costs of bus-related equipment needed to meet the requirements for the Clean Air Act and ,2) The project requires less than 525 million in Section Americans with Disabilities Act 3 funds, The matching ratio for operating assistance remains 3) The Federal share is less than one-third. or at 50 percent of net operating costs. 4) The project is funded entirely with FHWA fund-. TRANSIT PLANNING AND RESEARCH PROGRAM Anew comprehensive transit planning and research A substantial number of New Suns projects arc earmarked in the bill. program is funded as a 3 percent takedown of the total amount of funding provided. A total of 5944 million is Projects are to be funded using Letters of Intent and authorized over 6 years. This program combines the Full Funding Grant Agreements. The sum of outyear former Sections: 6 Research, 8 Planning, 10 Managerial commitments may not exceed the amount authorized, Training, 11(a) University Research. 18(h) Rural although contingent commitments equal to one-half the Transportation Assistance Program (RTAP), and 20 uncommitted cash balance in the Mass Transit Account Human Resources Programs. Of these funds, 45 percent may be made. is for Metropolitan Planning, 5 percent for RTAP, 10 percent will go to States for planning, research, and Rail Modernizationtraining, 10 percent for a new Transit Cooperative Research Program,and 30 percent for a National Authorizations for the Section 3 Rail Modernisation Planning and Research Program. Funds, a total of 55 billion over the 6 years.are allocated by formula rather than on a discreuonary basis as in The National Planning and Research Program previous law. The formula uses statutory percentages to includes a transit technology development program, and allocate the first $492 million to the 11 historic rail cities. establishes an Industry Technical Panel to assist in The next 570 million is allocated one-half to the historic identification of priority technology development areas. rail cities and one-half to all cities with fixed guideways at least 7-years-old (and any other fixed guideway city which can demonstrate rehabilitation needs)•on the basis of the Section 9 Rail Tier formula factors. Any retraining funds are allocated to the same dues. 24 A new Transit Cooperative Research Program, TITLE IV modeled after the National Cooperative Highway Research Program,will conduct problem solving research Motor Carrier Act.of 1991 for transit operators. The program will have an independent governing board and will be managed by the National Academy of Sciences. ide IV of the Act relates to motor carriers_ It The metropolitan planning provisions in this title reauthorizes the Motor Carrier Safety Assistance basically parallel those in the highway title. Metropolitan �Og establishes deadlines for States to parn planning funds are allocated to the States under a apate in the international Registration Plan (IRP) and Inter formula apportionment on behalf of MPO's. States will national Fuel Tax Agreement (IFTA), directs the pass though these funds to MPO's based on a StateIntasute Commerce Commission (ICC) to establish a formula cooperatively developed with MPO's and °_"' program for motor carriers with ICC operating approved by the Secretary. authority to register with Suter,and imposes a freeze on State requirements and limitations on the operation of trucks with double or triple trailers that weigh more than 60.000 pounds. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM(MCSAP) MCSAP funds State enforcement of Federal truck and bus safety requirements or compatible safety requirements. States also may use MCSAP funds to support drug interdiction.vehicle weight,and traffic enforcement. The Act authorizes a total of S479 million. STATE PARTICIPATION IN IRP AND IFTA • By September 30, 1996. States must join the International Registration Plan,a base-State agreement for the registration of trucks and buses operating in different States. Likewise, States must join the International Fuel Tax Agreement,a similar agreement for fuel taxes, by September 30, 1996. The Act authorizes a total of S30 million for grants to States for technical assistance. training,and equipment associated with participation in IRP and IFTA. It also authorizes S6 million to fund a working group of State and local government officials which must report in 2 years with recommendations on improving IRP and IFTA. SINGLE-STATE REGISTRATION The Act eliminates the bingo stamp program associated with 39 States'requirements for interstate motor carriers to register their Interstate Commerce Commission operating authority. In its place. the ICC must establish a base-State system,whereby a motor carrier would register its ICC-operating authority and 25 27 provide proof of required liability insurance with one TITLE V State.and that State will distribute the collected fees to other participating States in which the carrier's vehicles Intermodal Transportation operate. LONGER COMBINATION VEHICLES (LCV) The Act limits the operation of double and triple he purpose of Title V is to promote intermodal trailer combinations with gross weights in excess of transportation. 80.000 pounds to the States in which they were operating The focus of the intermodal effort will be a new on June 1. 1991.and prohibits the expansion of routes or• Office of Intermodalism, established within the Office of the removal of operating restrictions after that date. States must submit information on LCV limitations and the Secretary of Transportation. The office will develop. requirements to the FH\\'A within 60 days of enactment. maintain,and disseminate intermodal transportation data. and coordinate Federal research on internodal The FH\\'A will publish an interim list of the requirements and limitations in the Federal Register transportation. within 90 days of enactment and a final list within 180 days. The FH\t'A also will study the operation and The Secretary is authorized to make available 53 million in grants to States to develop model safety of longer combination vehicles. intermodal transportation plans. These plans must include systems for coltecung data. The Act establishes a National Commission on Intermodal Transportation to study the status of intermodal standardization, intermodal impacts on public works infrastructure, legal impediments to efficient intermodal transportation. financial issues, new technologies, problems in documenting intermodal transfers of freight, research and development needs, and the relationship of intermodal transportation to productivity. The report is due to Congress by September 30, 1993. 28 29 TITLE `-1 The Act provides a strong focus on planning and guidance for the research and development agenda. The_ R- esearch Secretary is to develop an integrated national plan for surface transportation research and development- Also. National Council on Surface Transportation Resarch,as well as a new Research Advisory Committee, are created— his title, covering transportation research. The Council will study: current surface transportation T divided into three pars: research and technology developments in the United States and abroad. identify gips and duplication, and _ determine research areas which may increase efficiency, Pan A— Programs. Studies and Activities, productivity,safety,and durability in the Nation's surfac_ Part B— Intelligent Vehicle-Highway Systems Act and Pan C—Advanced Transponauon Systems and Electrictransponauom systems. Vehicles_ The Committee will provide ongoing advice and recommendations to the Secretary regarding issues with PART A • PROGRAMS. STUDIES,AND ACTIVITIES respect to short-term and long-term surface Research and Technology transponauon research and development. Substantial support is provided for enhanced International Highway research and development and the effective application of Transportation Outreach Program innovative technology to solve highway problems. An important provision related to this initiative is new A new International Highway Transportation authority for collaborative research and development Outreach Programp with other public and private entities• with an averagewillprovide for informing the U.S. highway community of foreign transportation Federal share up to 50 percent of the activity costs. innovations, promoting US. highway transportation expertise internationally, and increasing the transfers of The Act provides a total of 5108 million to U.S. highway transporuuon technology to foreign Implement the products of the completed Strategic countries. Highway Research Program and to continue the Long Term Pavement Performance Program. Bureau of Transportation Statistics A Bureau of Transportation Statistics is created in the To expand technology transfer activities. the Act provides authority to carry ou: a tnnsponation assistance Department of Transportation to enhance data collection. analysis, and reporting, and to ensure the most cost- program to supply modem technology to highway and transportation agenciesrural areas and in urbanized effective use of areas of 50.000 to 1 00 population. Technology transportation monitoring resources. A in total of 590 million is provided over the 6 years of the Transfer centers may be established for this purpose Act. The Bureau is to publish a Transportation Statistics Annual Report; the first report is due January 1. 1994. A new Applied Research and Technology Program is required to provide accelerated testing. evaluauon,and \arional Transit Institute implementation of technologies designed to improve the A National Transit Institute is established to conduct durability, efficiency. environmental impact training programs for all involved in Federal-aid transit productivity.and safety of highway. transit.and Intermodal transportation systems. Program guidelines work. Funding is S18 million over the 6 years of the from the Secretary are required within 18 months.and a authorization. total of 5240 million is authorized with a Federal share of • 80 percent_ 31 32 University Transportation Centers/Research institutes PART C-ADVANCED TRANSPORTATION Five new university transportation centers have been SYSTEMS AND ELECTRIC VEHICLES added to the University Transportation Centers (UTC) A grant program is established for electrical vehicle Program. These centers,as well as the original 10 UTCs and advanced transportation research and development. are funded by both the FHWA and the PTA. The grants will be awarded to at least three consorua that must provide services including obtaining funding for the Also, five additional university research institutes are acquisition of plant sites, conversion of plant facilities, established. Funding is from the Highway Trust Fund, and acquisition of other than the Mass Transit Account,and is in theq egwpment for the development or od manufacture of advanced transportation systems or amount of 537.5 million over the 6-year p� electric vehicles,or other related systems or equipment, especially for environmentally benign and cost-effective PART B - INTELLIGEVT VEHICLE-HIGHWAY SYSTEMS ACT manufacturing processes. The non-Federal share of the grants must be at least 50 percent. An intelligent Vehicle-Highway Systems (IVHS) Program is established,with approximately 5660 million authorized for the 6-year authorization period. The Act requires the promotion of compatible standards and protocols to promote widespread use of IVHS technologies, the establishment of evaluation guidelines f'ir IVHS operational tests,and the establishment of an informauon clearinghouse. A strategic after plan must be submitted to Congress no later than 1 year after this Act is effective. The plan must include the goals. mite-stones, and objectives of the IVHS program. The Act also requires development of a completely automated highway and vehicle system which will serve as the prototype for future fully automated IVHS systems. The goal is to have the first fully automated roadway or test track in operation by the end of 1997. An IVHS Corridors program is established to provide for operational tests under 'real world' conditions. Corridors which meet certain transportation and environmental criteria can participate in developing and implementing IVHS technologies. Other provisions relating to IVHS include authority to use advisory committees for carrying out the !VHS program and the availability of planning grants to State and local governments for studying the feasibility for development and implementation of IVHS. 33 34 TITLE VII TITLE VIII Air Transportation Extension of Highway-Related Taxes and Highway Trust Fund This title concerns amendments to the Metropolitan Washington Airports Act of 1986. The Highwry Trust Fund, which is the source of funding for most of the categories in Titles 1, 11. III, Iv,sad VI, is extended to the end of FY 1999 This means that highway-related user taxes. which were scheduled to expire at the end of FY 1995, have been extended 4 years. The tax rate on motor fuel will be reduced by 15 cents per gallon after September 30. 1995. The rate per gallon then will be 11.5 cents for gasoline and special fuels and 17.5 cents for highway diesel fuel. The Mass Transit Account of the Highway Trust Fund will be credited with 1.5 cents per gallon of the motor-fuel taxes,with the remainder going to the Highway Account. This Act allows expenditures from the Mass Transit Account for-capital-related'as well as for 'capital-purposes. A National Recreational Trails Trust Fund is established to support the National Recreational Trails Funding Program_ Monies transferred to this Trust Fund will be equivalent to 0.3 percent of total Highway Trust Fund receipts in the first year,and afterwards. to -nonhighway recreational fuel taxes: These taxes are from fuel purchased for use on recreational trails and in outdoor recreational equipment (e.g.. camp stoves). The National Highway Institute, which conduce training programs for Federal.State.and local highway employees, may now include training for employees of private agencies. The Institute also may now charge fees to users of its training programs as long as they do not exceed the costs of the services provided 35 37 TABLE : Authorizations (ntitlinns) - PROGRAM 1992 1993 1994 1995 1996 1997 Total TITLE I • Interstate Construction Program 1.800.00 1.800.00 1.800.00 1.500.00 0.00 0.00 ;,200.00 - • Interstate Substitute Program 240.00 240.00 240.00 240.00 0.00 0.00 960.00 • Interstate Maintenance Program 2.431.00 2,913.00 2,914.00 2.914.00 2.914.00 2.914.00 17.000.00 • National Highway System 3.003.00 3399.00 3.599.00 3.599.00 3.600.00 3.600.00 21,000.00 • Surface Transportation Program 3,418.00 4.096.00 4,096.00 4,096.00 4.097.00 4.097.00 23,900.00 • Congestion Mitigation and Air Quality Improvement Program 858.00 1.025.00 1.028.00 1.025.00 1.029.00 1.029.00 6.000.00 • Bridge Program 2.2.58.00 2,76200 2.76200 2,762.00 2,763.00 2.763.00 16.100.00 Federal Lands Highway Programs: 371.00 445.00 445.00 445.00 447.00 447.00 2.600.00 • Indian Reservation Roads (159.00) (191.00) (191.00) (191.00) (191.00) - (191.00) (1,114.00) Public Lands Highway (143.00) (171.00) (171.00) (171.00) (172.00) (172.00) (1.000.00) • Parkways and Park Highways (69.00) (83.00) (53.00) (53.00) (54.00) (84.00) (486.00) • Donor State Bonus Amounts 429.00 514.00 514.00 514.00 514.00 515.00 3.000.00 • Reimbursement for non-Federally aided Interstate Segments 0.00 0.00 0.00 0.00 2-000.00 2,000.00 4.000.00 'Hold Harmless •• 606.6 606.6 606.6 606.6 606.6 606.6 3.639.60 • 90%of Payment Adjustments •• 0.00 83.00 53.00 83.00 83.00 53.00 415.00 • Additional Alloauon-Wtsconun 40.00 47A0 47.80 47.80 47.80 47.80 279.00 • Highway Use Tax Evasion Projects 5.00 5.00 5.00 5.00 5.00 5.00 30.00 Highway Use Tax Evasion Projects-OF 2.50 2.50 2-50 2.50 2.50 230 15.00 • Scenic Btaays Program 1.00 3.00 4.00 14.00 14.00 14.00 50.00 • Interim Scenic Byways Program 10.00 10.00 10.00 0.00 0.00 0.00 30.00 • Ferry Boa:and Facilities Construction 14.00 17.00 17.00 17.00 17.00 18.00 100.00 • Emergency Reitef 100.00 100.00 100.00 100.00 100.00 100.00 600.00 • Arkansas Traffic Control Device 1.20 0.00 0.00 0.00 0.00 0.00 1.20 • Minimum Allocation •• 1.160.00 803.40 803.40 803.40 503 40 803.40 5.I77.03 Projects. 542.62 1.2.25 46 1,158.85 1.100.52 1.100.52 1.100.52 6228 49 • High Cost Bridge Projects (22.82) (52.48) (52.48) (52.48) (52.48) (52.48) (285.20) • Congestion Relief Projects (39.20) (90.17) (90.17) (90.17) (90.17) (90.17) (490.04) • High Pnonn NHS Corridors (94.65) (270.99) (204.38) (204,38) (20438) (204.38) (1,183.16) • Rural Access Projects (73.65) (169.40) (169.40) (169.40) (169 40) (169.40) (920.63) • Urban Access and Mobility Projects (44.49) (10232) _(102.32) (10232) (102.32) (10232) (356.10) • innovative Projects (232.85) (459.71) (459.71) (401.38) (401.38) (401.38) (2.356.41: • Priority Intermodal Projects (34.96) (80.40) (80.40) (80.40) (80.40) (80.40) (436.95) • High Priority NHS Corridor Studies 8.00 8.00 8.00 8.00 8.00 8.00 48.00 High Pnonry QHS Corridor Revolving Fund 0.00 40.00 40.00 40.00 40.00 40.00 20000 • Infrastructure Awareness Education Program 2.00 0.00 0.00 0.00 0.00 0.00 200 • FHWA Highway Safety(402) Program 17.00 20.00 20.00 20.00 20.00 20.00 117.00 FHWA Highway R&D Safety(403) Program 10.00 10.00 10.00 10.00 10.00 10.00 60.00 • National Magnetic Levitation Dev t.-TF 5.00 45.00 100.00 100.00 125.00 125.00 500.00 • High-Speed Ground Transportation Devt•TF 0.00 5.00 5.00 5.00 5.00 5.00 23.00 National Magnetic Leviuuon Deva-GF 225.00 0.00 0.00 0.00 0.00 0.00 225.00 High•Speed Ground Transportation Dews.-GF 25.00 0.00 0.00 0.00 0.00 0.00 25.00 High-Speed Ground Transportation 25.00 0.00 0.00 0.00 0.00 0.00 25.00 Development R&D-GF - Railroad Relocation Demonstration Program-TT 10.00 10.00 10.00 0.00 0.00 0.00 30.00 Railroad Relocation Demonstrauor,Program-GF 5.00 5.00 5.00 0.00 0.00 0.00 15.00 Private Sector involvement Progran-GF 5.00 5.00 5.00 5.00 5.00 5.00 30.00 Mtuclianeous Highway Projects 987.20 0.00 0.00 0.00 0.00 0.00 987.20 Recreauanal Trails•• 55.00 40.00 40.00 40.00 40.00 40.00 255.00 TITLE I TOTAL 18.700.12 20.488.76 20.479.15 20,405.82 2039682 20398.82 120.869 49 •CON'TLACr A.T11011n ••ESTIMATED A40U'.TS 38 39 TABLE I Authorizations imiIlicns) PROGRAM 1992 1993 1994 1995 1996 1997 Total TITLE II - • XHTSA Htghwav Safety(402)Program 126.00 171.00 171.00 171.00 171.00 171.00 981 00 NHTSA Hignwa R&D Safety(403)Program 44.00 44.00 44.00 44.00 44.00 44.00 26400 Drug Recognition Expert Truntng Program 4.00 4.00 4.00 4.00 4.00 4.00 24.00 Nauonal Driver Register Act Authotwttotss 4.00 Coetaziues as 14 drawdown from Sec.402(or 93 and 94. 400 • Akohol Traffic Safety Incentive Grants 25.00 Conanues as 125 drrwdown frons Sec.402 for 93.97. 25.00 Traffic and Motor Vehicle Safety 68.72 71.33 74.04 76.86 0.00 0.00 290 95 Motor etude lnformauon 6.49 6.73 6.99 7.25 0.00 0.00 27.46 and Cost Savings Programs • Safers belts and Motorcycle Helmets 7.00 Connaues d 124 drawdown from Sec 402 for 93-94. 17.00 Tnwna Study 0.00) 0.00 0.00 0.00 0.00 0.00 (5.00) TITLE 11 TOTAL 295.21 297.06 300.03 303.11 219.00 219.00 1.633.40 TITLE III • MASS TRANSIT Section 3 Ducreucrtan and Formula 1.342.17 2.030.00 2.050.00 2..050.00 2.050.00 2.900.00 12.42.2.17 New Starts (536.87) (812.00) (820.00) (8.20.00) (820.00) (1.160.00) (4.968 87) Rail 1.1odernt:auor.Formula (536.87) (812.00) (820.00) (820.00) (820.00) (1.160.00) (4.968 87) Bus (268 43) (406.00) (410.00) (410.00) (410.00) (580.00) (2.484 43) Section 9 Formula Capital &Operaung 1.82.2.76 2,604.14 2.642.57 2.642.57 2.642.57 3.741.02 16.095.64 Section 18 Run) 106.09 151.56 153.80 153.80 153.80 217.73 936 78 Interstate Transfer-Transit 160.00 164.84 0.00 0.00 0.00 0.00 324.84 - Secuon 16)1c))2) 54 88 70.15 68.68 68.68 66.68 97.15 428.21 Transit Planning and Research 109.12 157.05 153.75 153.75 153.75 217.50 944.92 Nauonal (39.51) (45.62) (44.62) (44.62) (44.62) (63.75) (282.75) State (8.96) (14.96) (14.62) (14.62) (14.62) (21.00) (88 79)_ Cooperative (896) (14.96) (14.62) (14.62) (14.62) (21.00) (88 79) Sec 9 MPC Planning (43.69) (70.67) (69.19) (69.19) (69.19) (97.88) (419 80) Rural Trans,: kssuunce Program (5.00) (7.85) (7.69) (7.69) (7.69) (10.87) (46.79) National Transit Institute (2.99) (3.00) (3.00) (3.00) (3.00) (3.00) (17.99) Lnn•erstty Transportation Centers 6.99 7.00 7.00 7.00 7.00 7.00 41.99- Prognm Administration 37.00 50.26 49.20 49.20 49.20 69.60 304 46 TITLE Ill TCTAL 3.639.01 5235.00 5.125.00 5.12.5.00 5.125.00 7.2.50.00 31.499.01 TITLE IV MOTOR CARRIER SAFETY • motor Carne Saien Granu Programs 65.00 76.00 80.00 83.00 85.00 90 00 479 00 Motor Carrier Safety Functions 49.32 0.00 0.00 0.00 0.00 0.00 49.32 Longer Corrtbinsuon Vehicles 1.00 1.00 1.00 0.00 0.00 0.00 3.00 • Lruformtn. 6.00 Continues as Se'drew/denim from MCS Grants for 93-97. 6.00 TITLE IV TOTAL 12132 77.00 81.00 83.00 85.00 90.00 53732 TITLE VI RESEARCH • Bureau of Trussponauon Suusua 5.00 10.00 15.00 15.00 20.00 25.00 90.00 Bus Testing 3.99 0.00 0.00 0.00 0.00 0.00 3.99 • Howard Transpartauon In(orroauon Caruzr 224 0.00 0.00 0.00 0.00 0.00 2.24 • Nat'l Center for Advanced 2.50 3.00 230 0.00 0.00 0.00 8.00 Transportation Technology • Unmersin Transportation Centers 5.00 6.00 6.00 6.00 6.00 6.00 35.00 • Lnivenuv Research institutes 625 625 6.25 6.25 6.25 6.25 37.50 • Intelligent Vehicle High+av Systems 94.00 113.00 113.00 113.00 113.00 113.00 659.00 TITLE VI TOTAL 118.96 138.25 14275 140.23 145.25 150.23 835.73 TOTAL 2.2.874.63 26.236.07 26.127.93 26,057.18 25,971.07 28,108.07 155.374.95 •C^NTL4CT 4tTMORiTI- T44\irT cc'r& CT aL.TMORtTY WT$MOM,.IN nocP.art 40 41 TABLE 2 Federal Share and Availability For Significant Programs = Federal Share Availability Program Percent Years Interstate Construction 90 1 Interstate Substitution 85 2 Interstate Maintenance '90 4 National Highway System 80 4 Surface Transportation Program 80 4 Congestion Mitigation and Air Quality Program 80 4 Bridge Replacement and Rehabilitation Program 80 4 Federal Lands 100 4 Toll Roads 50-80 N/A Transit Capital Section 3 80 Until Expended Section 9 80 4 Section 18 80 3 Section 16 (b)(2) 80 1 Transit Operating 50 4 National Magnetic Levitation Prototype 75-90 Until Expended National High-Speed Ground Transportation Technology Demonstration 80 Until Expended Demonstration Projects 80 Until Expended Highway Safety Programs 80 4 Motor Carrier Safety Assistance 80 Secretary— until expended; States-2 years IVHS Corridors Program 80 4 42 .. c U- r • c 4 O r we .� 4.0 I • CO r a 0 r o K c ca. a) • AI• c7) c a m • Ca . 3 c • a P ° c II" 0 e O E '- Q o co CZI >, n ° a4 0 c0 r O = co • o •• ` •h. • S cn cp c "' C •• .� V • 0 ' • 'i P it 4 -c a c asMai >6 0 0 'O '� v 3 i � E. �° •2 c � O W • a 'As • E t m a ig _ 2 = < ma a • I— s - 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S c To 5 Ga $ - c : : CC Z 1 m � �.5 ; g ' t 3 c is ' 1 1 : E g * 3,7 * * .a 8 I it1 1 t G C t 1 W • • s • o cn 1 s CD = o • •-• c o C� rj a 0:: c u- Ticz = • - a •• C do 2 cr do 4 Q C i5 NW t _C s E 5 a 0 • a E CO co o P.2 is E V co• - i C 0 • 6 O_ Q • m C E • 0 a z = 2 D 0 • • • • * 0 • • E • O 2 E a a 0 CD • E Zr I A • C1:1 a 3 m 86 Iy > O C a 0 CC 5 cNi0 8.1 2 § I -► v • a c •$ a E o m o ii Go E 1 c uT., E a g j2 g > 4 •0 t Q a i cry C E V a 2 • • • Qc CITYOF 11ANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEM ORANDUM TO: Housing and Redevelopment Authority FROM: Don Ashworth, Executive Director DATE: June 12, 1992 SL'BJ: Review Alternative Plans for Redevelopment of the Bowling Center/Conference Center/Hotel Area The Bowling Center property, back side of Merlin's Hardware, and back side of the Dinner Theatre have remained riddles that the HRA has not solved. We have done a good job in terms of land use planning and development within the downtown. The development plans prepared by our Planning Department/University of Minnesota should assure that quality development occurs in the westerly portion of our downtown. The quality of development within the business park is envied throughout the Twin City area. Again, we have done an excellent job in terms of our overall redevelopment efforts with one exception--the back side of the Bowling Center/Merlin's/ Dinner Theatre properties. "What's wrong with this picture?" has a simple answer--everything! The parking lots are in total disarray with absolutely no landscaping, many of the buildings are metal or constructed as industrial buildings, signage is obtrusive, and any potential user is distracted from the site as a singular user unless he knows that the remaining portion of the picture would change. In an effort to tackle this remaining problem, staff started a series of meetings with the property owners in an effort to determine their needs/desires/visions for these properties. A desire to see a conference center benefitting all of the businesses, but more specifically meet the needs of the city, hotel, dinner theatre quickly emerged as the top priority. To see a restaurant and meetings rooms also emerged from those meetings with interconnects through other businesses and connections to the conference center. Any land use occurring on the back side of main street will have to be a "destination use" which was the primary reason that community center uses were included in the plan. After presentation to the HRA, the HRA directed staff to develop cost estimates associated with the primary alternative. At our last meeting, we discussed that the current operator of the Bowling Center, John Dorek, had a repurchase agreement with the owner, Mr. Dahlin. That repurchase agreement would end t a PRINTED ON RECYCLED PAPER • Housing and Redevelopment Authority June 12, 1992 Page 2 in mid-May. Although tentative plans had been prepared for all of the uses within the study area, staff was not actively pursuing any of those until after a decision was made as to who would be operating the Bowling facility or who would own it. Mr. Dorek was not able to perfect the repurchase agreement, but would like to stay in the bowling business. He is aware of the fact that the current owner has been marketing the property, albeit a restrained effort recognizing Mr. Dorek's repurchase agreement. Mr. Dorek is also aware of the fact that the HRA is in the best financial position to potentially purchase that business recognizing the severe financial constraints that a private owner would have with the current back taxes, loan due to the HRA, and general lending requirements. Mr. Dorek,following expiration of his repurchase agreement, has met with city staff to review the alternative building plans for this general area. Mr. Dorek points out that there is approximately $600,000 in bowling equipment in that facility which is virtually debt free. He asked that a plan be considered which would leave the Bowling Center in tact (see attached letter). He sees the relatively small cash position necessary for the city to take out the present owner as being the best solution, with the facility then remaining as a recreational opportunity within the city. He would propose that the facility then be leased back, potentially with a purchase agreement. Mr. Dorek recognizes that "Filly's" has been a point of concern and controversy for the city for many years. He would be highly supportive of adaptively reusing that portion of the building for any use desired by the city. Since our last meeting, there have also been changes in management with the hotel and Dinner Theatre. Prior to attempting to complete a cost estimate for one or more alternatives, staff felt it was important to have an additional meeting with all of the affected business people to assure that we were developing a cost estimate for the correct alternative. Accordingly, staff will be meeting with our businesses on Tuesday morning, June 16, 9:00 a.m. to again review these alternatives. We should be in a position to present the findings of that meeting Thursday evening. }' June 5, 1992 t Don Ashw. City of Chanhassen Dear Don: — Thank you for taking time for our meeting. I appreciate your and the city's interest in our operation. It's nice to know that you — are aware that we are providing a wholesome, productive and lifelong activity that is enjoyed by all ages. I also appreciate both your personal and your professional vote of confidence in expressing your desire to give me every opportunity to keep my establishment. The City and I have worked well together in accomplishing most of the things expected when we put this — together - working with the schools, the handicapped, instructional junior leagues, availing our meeting rooms at no cost to various civic, athletic and company meetings, etc. Several thousands of — people enter our doors weekly, resulting in their acquaintanceship with Chanhassen 's downtown area! Many of them would probably be going the "other way" , after work, without us! Because of the stringent financial climate, I 've had a difficult time in arranging the financing necessary to restructure the business and erase the interests of present and former partners. — I believe it is reasonable to put together an innovative plan via lease/purchase or some .other alternative that would be attractive — • to everybody and allow me to maintain my interest and enthusiasm in continuing this business. If dealing with the present mortgage holder would expedite coming to this sort of an arrangement, I would not present any roadblocks that would result in possible delays. My attorney suggests that this would be agreeable. However, it is extremely important to point out, that although our - slow season is here, we must be working now in preparation for the upcoming season. Therefore, you can expect me to cooperate with my usual alacrity! — Again, thank you for the council 's, the HRA's and yo• personal thoughtfulness in desiring to continue Chanhasse .�owl place_ ' your overall plans. _, �. ‘ Sincerely, --e1 Z — �` John Dorek ` 111t >'L CITY OFCHANHASSEN 1 , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Housing and Redevelopment Authority FROM: Don Ashworth, Executive Director DATE: June 12, 1992 SUBJ: Entry Monuments, Market Boulevard and Great Plains Boulevard As can be seen from the attached schedule, we are anticipating having this item back before the HRA for our August meeting. With the completion of the Bank and Highway 5 being scheduled for this year, it only seems logical that any entry monument construction would occur during this same time frame rather than creating two different times for inconvenience. If a decision is made in August, construction could occur in November/December, and be ready for spring planting. A copy of the notice requested by the HRA has been published and is attached. The notice will run again this next week. This item is being placed on this agenda so as to pre-alert commissioners of the necessity to make a decision in August, and to additionally provide an opportunity for discussion of any alternatives commission members may wish staff to pursue. t a PRINTED ON RECYCLED PAPER SCHEDULE OF ACTIVITIES FOR THE - CONSTRUCTION OF THE ENTRY MONUMENT DATE ACTION August 1992 Decision by HRA on the design the Entry Monument. August-September 1992 Prepare and approve the Plans — and Specifications. September-October 1992 Advertise and award bids for construction of the monument. — November-December 1992 Begin construction. CITIZEN ENTRIES INVITED FOR COMMUNITY GATEWAY DESIGN The Chanhassen Housing and Redevelopment Authority (HRA) invites Chanhassen citizens to submit designs for a proposed community gateway monument. In conjunction with the reconstruction of Trunk Highway 5, the HRA is planning a number of urban design and landscape improvements intended to provide better visibility for the downtown, to establish a community gateway, and to provide a pleasing appearance for H:ghway 5 users. These improvements, to be located adjacent the intersection of Highway 5 and Market Boulevard, will be comprised of intersection landscaping, colored paving, and monument walls. In addition, the HRA is considering other gateway elements to help announce the downtown and emphasize its entrance roadways. . Citizens interested in suggesting monument designs should submit sketches and written descriptions using an 8 1/2" x 11" format to: Todd Gerhardt Assistant City Manager City Hall 690 Cc_lter Drive — . P.O. Bos. 147 Chanhassen, MN 55317 For adJit:oral information regarding the project and this design opportunity, please contact Todd Gerhardt at 937-1900. Submissions should he made no later than Friday, July 3, 4:30 P.M. REVISED JUNE 25, 1992 ONGOING ISSUES STATUS Comprehensive Plan Issues 1.* 1995 Study Area (North) Task Force selected. First meeting and Hwy. 5 Corridor Study scheduled for July 9, 1992. 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 Work is continuing to progress with task force. Program expected to be completed shortly. 3. Tree Protection Ordinance Inventory in progress. Over view of existing Mapping of significant tree protection regulations requested by vegetative areas Commisser Erhart. 4. Wetland Ordinance/Surface Main group establishing public information Water Management Program and erosion control program along with Task Force established. 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. Initial comments delivered to MnDNR. Will place on upcoming PC agenda. 6.* Group home ordinance PC reviewed on 3/4/92. Currently preparing draft ordinance. Schedule for 6/17/92 _ meeting. 7.* PUD Ordinance Curently scheduled. 8. PC input in Downtown Ongoing Planning and Traffic Study — 9. Review of Architectural 1992/may be combined in part with Hwy. 5 Standards to Promote High work. Quality Design 10.* 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. Meeting held on conceptual Bluff _ Creek park design prepared by Lance Neckar of U of M. 11. Ordinance amendment to Non- PC approved. City Attorney to redraft. conforming use section to clarify _ ordinance. 12. Temporary uses, sales - Guidelines memo reviewed by PC _ new ordinance. and scheduled for CC. Ordinance revisions to follow. 13. Truck and trailer rental standards. Request by PC. 14. Sexually oriented businesses PC reviewed on 3/4/92. Sent to Public — Safety Commission. 15.* Review of Alternate Target site plans Joint meeting held on 4/29/92. HRA — authorized purchase agreement with Target. 16.* Tree conservation easements. To be reviewed by PC on July 1, 1992. — * Change in status since last report - ADMINISTRATIVE SECTION CITYOF s 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 — '4 MEM ORANDUM TO: Planning Commission and City Council FROM: Paul Krauss, Planning Director DATE: June 22, 1992 SUBJ: Article on State of the Twin Cities Region by the Planning Director to be Printed in the July issue of the Minnesota Chapter of the American Planning — Association Newsletter The attached article stems from my thoughts on the state of the Twin Cities region. For a — long time, it has occurred to me that the framework of the Twin Cities has changed dramatically over the past 15 years but that few people have recognized it, much less understood the phenomena. The focus of the Metropolitan Council and many area planners — has traditionally been to place continued emphasis on the St. Paul and Minneapolis business districts and first ring suburbs. However, over the past 15 years, the focus of more than half the population of the Twin Cities has been someplace else as evidenced by their decisions to — relocate outside of the old urban core. They, along with substantial employment, have moved elsewhere. I have seen elements of this trend in a number of places but what clarified it for me was reading a book entitled, "Edge Cities" written by Joel Garreau, a reporter for the — Washington Post. This book examines the phenomena entitled "Edge Cities" which has been occurring in cities across the country over the same time period. An edge city, by definition, contains over 5 million square feet of office space, substantial employment, retail, and very — large population concentrations outside the old central cities. Locally, the book identifies an edge city along the I-494 corridor. Mr. Garreau is coming to speak at the Walker next month and the attached article represents my ramblings on the edge city and its implications for the Twin Cities metro area. I have long been a proponent of the theory that what is driving growth in the southern and southwestern parts of the Twin Cities region has, at this point, very little to do with either the St. Paul or Minneapolis CBD. Rather, what is driving growth in this area is the substantial _ employment base, location of the Twin Cities airport, and tremendous population base. This edge city is much more dynamic than either downtown in terms of job and population growth. Is t4: PRINTED ON RECYCLED PAPER - Planning Commission and City Council June 22, 1992 Page 2 — Unfortunately, many of the experts who should have recognized this trend have failed to do so. Even more importantly is that many of those people who have recognized the trend have decided to fight it rather than to understand and cope with it. This article sums about some — of my frustrations on the topic and calls for a new sense of regionalism to deal with the Twin Cities as it currently exists. One Planner's Reflections on the Edge City I started working as a planner in the Twin Cities in 1977. During the past 15 years, there has been a major and perceptible, if slow, realignment in the Twin Cities region. As one of those who has had an opportunity to be involved in some small way in this phenomena, I often — realized that something was happening and could possibly describe some of these factors but lacked an overall vision and understanding of these trends. Factors pointing to evidence of these regional shifts included: _ • Massive shifts in traffic flow pointing to large growth in inter/'intra-suburban trips over traditional suburb to CBD trips. Early evidence of this for me was found in — preliminary studies that lead to the I 494 Environmental Impact Statement. • Massive shifts of employment largely through growth of new opportunities outside of the central business districts. Again, for me, evidence of this was apparent in the mid- 1980s when it became clear that the amount of jobs in the I 494 corridor surpassed downtown St. Paul, and if growth continues, would soon be on equal footing with — downtown Minneapolis. • The concept of the bedroom suburb has not only disappeared from reality, but more — significantly, appears to have disappeared in the expectations of those who reside in suburban communities. There was a line in a recent Star and Tribune article to the effect that there is nothing sub about suburbs anymore. I couldn't agree more with this concept noting that suburban communities may not be in a position to provide major museums or orchestra halls but they have striven to provide a full range of employment and shopping opportunities, provide for recreational pursuits, develop — central business districts where appropriate, and develop what are in essence cultural institutions based around our school districts and community centers. • Over the past decade, I have often taken exception to Metropolitan Council Jobs and Employment Forecasts that appeared to be largely based upon concentric ring theory emanating from both central business districts. As a planner in the field, I have long believed that this did not reflect reality. Clearly, some sectors of the Twin Cities have grown at significantly different rates than others and this growth is often focused. The — I 494 corridor has been one of the major factors influencing these trends. Other related examples are found around commercial and employment concentrations in the northern suburbs along I 694. I was tremendously excited after reading Joel Garreau's "Edge Cities" book. If the only thing I got out of it was a better definition and understanding of the edge cities phenomena, I — would have been content_ It provided a context for a lot of my thoughts over the past decade. However, it also spurred me to think about the implications of these trends for the Twin Cities region, and more specifically, for the City of Chanhassen. — I was born and raised in New York City and have long been a strong supporter of the vitality and focus that can be provided by an active downtown area. I have also had an opportunity to work in, and more recently reside in, Twin Cities suburbs and have followed their development with obvious interest. Therefore, I would not want to approach my professional philosophy from the standpoint that all development activity should be focused on the central cities to the exclusion of suburban development as some would argue since it is the only way to "protect" central cities, as some would articulate. Nor do I want to advocate a position whereby suburban communities are allowed to develop without linkages and inter-reliance with the central cities, as others would argue. The fact is, as I see it, is that both positions are inappropriate and ultimately destructive. To those who would argue that all development must be focused on the central cities, I must say that in my opinion, the genie has been let out of the bottle. In a metro area with a population approaching 21/2 million people, my admittedly rough guess is that under 1 million live in central cities and first tier suburbs. The _ other 11/2 million have made decisions to locate homes and businesses outside the old urban core. It would be foolish for policy makers to ignore the fact that well over half of the metro area population has made a different choice for many valid reasons. The fabric of the Twin Cities region in 1992 is tremendously different from what it was 10- 15 years ago. It seems to me that the faster this fact is recognized by policy makers, the faster we can get on to the business of planning for this region with the reality that confronts us today and will continue to do so in the future. This reality is often difficult for people to comprehend or accept. My perception is that the arguments are going to become more divisive. In the last legislative session a bill was introduced to build effective walls around the urban core by making it extraordinarily cost prohibitive to obtain sewer service. Different portions of the metro area argue that MUSA line determinations and highway/transit infrastructure should be manipulated to enforce the reality of their choice. The next legislature will have a decidedly suburban slant due to reapportionment. Property taxes are the suburban issue of choice, not dealing with regional social needs or the need to reinvest in our central cities. The Metropolitan Council and others will have to do some long, hard analysis about where this is leading us. For example, over the years I have been a strong proponent of light rail transit and had an opportunity to work on an early effort to locate a line on Hiawatha Avenue. I have become increasingly concerned that the time for light rail transit may have passed before the concept had a chance to prove itself. If the idea behind light rail transit is solely to move suburban residents to CBD employment, then in my opinion, the concept is doomed to being a bit player in a regional scene. If light rail can be accommodated into the framework of inter-regional transit in a manner that serves multiple modes, then I believe we could have something of great value. I note that in many communities where light and heavy rail transit has been constructed, it has often prompted significant decentralization of employment and housing away from the old central city core. Yet at the same time, the 2 central city has been able to expand on its own right as evidenced by the Washington, D.C. metro area which recently hosted the APA National Convention. The edge city/urban decentralization phenomena is an important for suburban planners to recognize. In my own case, I have been fortunate to work for a city that has had a long established goal developing the community to provide a full range of housing, services, and employment opportunities. Chanhassen has spent a huge amount of time and effort to renovate and expand its central business district. We are also a major employment concentration at the western edge of the I 494 edge city. The city contains approximately 7,000 jobs, even though our population is only approximately 13,000. This sort of ratio would have been unheard of a decade ago. The city is also undertaking extensive and innovative efforts in the areas of environmental protection and urban design. This is being done to ensure that as the community develops, it does not lose those elements that make this city special. The rhetorical question must be asked that with all this effort, does Chanhassen have any desire to divorce itself from the region. The obvious answer is of course not. While conclusive data is not yet in, I am sure we will find that as with most suburban communities offering high employment, most of our residents work in other communities anyway. While we are developing a vibrant downtown, there is no question that we would never be in a position to offer the range of shopping opportunities found in regional malls who are in the central business districts. While we are fortunate to be the home of the Chanhassen Dinner Theatre, we will never have an orchestra hall or an Ordway or a major league ball park. This new reality that Joe Garreau writes about in his book is here in the Twin Cities today. Fighting it would be counter-productive. It is imperative that a better understanding of Twin Cities regional dynamics for the 1990s be gained. It then imperative for vision of how this region should be managed and be developed by the only group that I believe is capable of doing so, and that is the Metropolitan Council. This vision should neither preclude nor elevate to pre-eminence either the suburbs or the central business districts but rather serve weave all of us into the regional fabric. Paul Krauss, AICP Director of Planning City of Chanhassen 3 CITY OF CHANIIASSENr 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 June 12, 1992 Mr. Bill Crawford District Engineer MNDOT 2055 North Lilac Drive Minneapolis, MN 55422 Dear Bill: As you are aware, Chanhassen is working diligently with your staff, as well as representatives from Barton Aschman, on aspects of final design for the upgrading of Hwy. 5 between Powers Boulevard and Hwy. 41. On several occasions we have raised concerns that traffic • projections utilized in the original MNDOT analysis were outdated and could result in the inclusion of inadequate design elements into the road construction. 1 have been told that the proper procedure is to formally request through your office that new forecasting data be developed and utilized and therefore, I am doing so by sending you this letter. To the best of our knowledge, the original MNDOT design was based upon traffic projections developed through the Metropolitan Council's Regional Model. These have been found to be seriously flawed for several reasons, the primary reason being that the Metropolitan Council significantly under-projected the amount of growth that would be occurring in the southwest corridor. Evidence of this under-count is found by the fact that the Metropolitan Council modified their projections in a limited extent to provide input into the Hwy. 212 Environmental Impact Study. We also note that until last year, the Metropolitan Council was forecasting a population of 10,000, with 4,500 jobs for Chanhassen for the year 2000. The U. S. Census supported the city's contention that these projections were significantly exceeded in 1990. Further evidence is found in the Eastern Carver County Transportation Study. This study was a cooperative effort between Carver County and a number of Carver County communities, including Chanhassen, to develop a better idea as to what would be occurring in this area and how should we best plan for it. Projections contained in this study are considerably higher than other studies done to date. While we have not yet seen data that is currently being developed by the Metropolitan Council based upon new forecast information, we believe that if it accurately reflects what has occurred in the 1980s and what is likely to occur in the next 20 years, it will be significantly different from earlier traffic projections that have been made. I'f t4, PRINTED ON RECYCLED PAPER Mr. Bill Crawford June 12, 1992 Page 2 _ On behalf of the City of Chanhassen, I appreciate the strong support you have shown for our community's efforts in the past, and look forward to continuing our cooperative relationship in the future. City staff stands ready to work with MNDOT on this matter at your _ convenience. Sincerely, _ • • ✓ Donald J. Chmiel Mayor DJC:PK:v pc: (P-l�nning Commission — City Council Mike Spielmann, MNDOT Evan Green, MNDOT Roger Gustafson, Carver County Engineer CITY T IIANIIASSEN 1 - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 "ft% June 5, 1992 Mr. Michael Munson Metropolitan Council Mears Park Centre 230 East Fifth Street St. Paul, MN 55101-1634 Dear Michael: A few weeks ago, I received a copy of the Metropolitan Council's April 1, 1991, Provisional Population Estimates for the City of Chanhassen. I have had an opportunity to review our building permit files and believe that based upon this information, the total number of households added in 1991 is reasonably accurate. I would also state that we agree with the resulting household and population estimates indicated in your report. I do, however, have two questions to raise with regard to this material. The first is potentially a minor one. The 1992 census indicates 2.92 people per household in Chanhassen, which I believe is on the high side of what is found in other communities in the Twin Cities. This is fully reasonable based upon our primary reliance upon single family housing and the nature of the families that reside in our community. I note that the 1991 projection decreases this to 2.91 people per household. Obviously a decrease of 1/100th of a household is not terribly significant in and of itself. However, it causes me to raise a question as to whether or not you believe that there will be a continuing trend towards decreasing household size. If this is the case, I would like to understand your rationale behind it because I suspect that in a community like ours, for at least the balance of the forecasting period currently under study by the Metropolitan Council, that the average number of persons per household should not appreciably decline. Chanhassen is far from reaching the stage of development occurring in communities such as Richfield, Robbinsdale, and others that are experiencing decreases in household size due to aging in place. My second concern is potentially more troubling. On the information you presented, you indicated that the 1991 population and household estimate is "essential to the estimation process for the entire decade." Reliance on 1991 data raises two red flags. The first is that the nation was in a recession during this time frame that had a particularly large impact upon es- tt 1�` PRINTED ON RECYCLED PAPER Mr. Michael Munson June 5, 1992 Page 2 housing development. The second is that, in the case of Chanhassen, our community was affected to an even greater extent by the lack of available lots and land for development due to constraints imposed by the MUSA line. As you are well aware, Chanhassen has been able to rectify this second concern through a large addition to the MUSA line. We are already seeing substantial activity in this new area having approved subdivisions containing over 200 lots in the last two months alone. My purpose in writing you is not to seek your agreement to use housing forecasts based upon peak construction years or even to ask you to deviate from your reasonably placed reliance upon regional and national demographic trends. I simply want to ensure that when the actual ten year forecasts are made, that a correction of some sort is made for the 1991 recession, and that in the case of Chanhassen in particular, the fact that 1990 through 1991 are not representative years due to the lack of available land. I would be happy to discuss this matter further with you and your staff should you so desire. Thank you for the opportunity to comment. Sincerely, Paul Krauss, AICP Planning Director PK/ pc: Bonnie Featherstone Planning Commission ifeir(Council AlMETROPOLITAN COUNCIL Mears Park Centre, 230 Fast Fifth Street, Sr. Paul, MN 55101-1634 612 291-6359 FAX 612 291-6550 TTY 612 291-0934 May 22, 1992 TO: Local Government Key Contacts The Metropolitan Council staff has prepared preliminary April 1, 1991, population and household e,timates for youi community. 1— .ac iugeihei with a fa(:i sheet containing the data used to prepare your community's estimate, are enclosed. These estimates are used by the Council to monitor population and household change in the Metropolitan Area communities and by the State Department of Revenue in their calculations of local government aids. If you have questions about the local aid formulas please address them to Rich Gardner, Minnesota Department of Revenue, 296-3315. The 1991 estimates are built on housing information from the 1990 Census. Because an accurate 1990 base is essential to our estimation process for this entire decade, we need your assistance in verifying the Census data shown on your fact sheet. We are interested in correcting any problems you are able to identify. We are particularly concerned about the accuracy of the count of mobile homes (manufactured housing) in areas outside of mobile home parks. The Council would like to hear your comments or concerns before finalizing the estimates for the State Department of Revenue at the end of June. To do this, we need your comments as soon as possible. Please contact Kathy Johnson (291-6332) or Michael Munson (291-6331) with comments. Written remarks may also be directed to Ms. Johnson. The population and household estimates are of great importance to the communities, as well as to the Council in its planning work. We want to provide estimates that are not only accurate, but that treat each municipality fairly and consistently. If you have any questions or concerns, please do not hesitate to call. Thank you for your prompt attention to this matter. Sincerely, gJ41ftL/� Mary ' Anderson Chair ME /k; R'i"y`ti r'R:f P- Enclosures 1‘.!,t,Y 2 6 1992 ML:FROPOLITAN COUNCIL PROVISIONAL POPULATION ESTIMATE APRIL 1, 1991 City or Township: Chanhassen (Pt.) 1991 Housing Units 1991 1991 Estimated Estimated 1990 Census Completed Occupied Housing By Type Housing Units Housing Units Households Single-Family 3316 3516 3411 Multifamily (incl Townhouse) 911 925 821 Mobile Home 2 2 2 TOTAL * 4249 4443 L 4234 • HOUSEHOLD ESTIMATES 1990 Census Households 4016 1991 Household Estimate 4234 POPULATION ESTIMATES 1990 Census Total Population 11732 1990 Group Quarters Population 16 1990 Population in Households 11716 1991 Population Estimate 12339 1991 Group Quarters Population 16 1991 Population in Households 12323 PERSONS PER HOUSEHOLD 1990 Census Persons per Household 2.92 1991 Persons per Household 2.91 All numbers as of April 1 of each year. This total includes 20 units listed in "other" housing in the 1990 Census data. The Census defines these units as those not fitting the defined housing categories, such as houseboats, railroad cars, campers and vans. Since no information on"other"units is available between censuses,for purposes of 1991 population and household estimation, these units have been allocated to either the single or multiple family category. This was done based on number of persons per "other" household and the ratio of single-family to multifamily housing in the jurisdiction. 11.4.0f--tic .- ... . Elaine _. PLANNINGVED on lk I ;1 ' . .ii .., Cogan ... ...... .. C 0 M M I S S I 0 N E R 91992 making use 4 -- visual — 1 .-*.N.-„.--_-,",?:-- '' ..... #Aore on.z. Customer Serfice - 01 I 1 I I I ill I I • How some local - planning - . .11, programs are improving • . ., . customer '' For America's Municipal&County Planning Boards stTvice — 4 •=" -,- -:---7 .,. . -. . Lighting Our Streets -'' -- — / Pollution - -- . < he lighting of our streets and feel that we are in a safe, An astronomer •- UNDERsEANDING is important to every one of us. welcoming environment in .arul a writer each We should expect to walk along IIIHE.BASICS - - which we can see what we want . - reflect on the loss the streets of our town or cityA' 'by 12ehrut Prousc ,..- continued on page 6 of the night sky. . . .. (.0iiii10110 iii . 1111 ...4,,.,1-.:11II ..1,-,,,,....„..„..,-,:1-'. °11111-11411.111!iiii7rits,,* 11:11-111111111111111,1: et, , -,.,.7 - • :4..• • OW varmil(11111111.111 10 - — • ak Ai . - .... a a .- E ----k. ;Ar.....--11,1411011C. -.ka. it I I 11..._": IS i am:_ - NJ. IF'lanning •-:- taw Primer -.; •, — N N Ilia at Drafting kmd IlSf . 1165°' i I -I, - findings °if° 411111.0 .... :1.-. -12 _ 411111110,.,': i‘: . _ ... 0, 411.10 .• : . l. I 1 - 7,7,' gill% •• k 1 _ *- Y " * .:. -• -....— .r, Are youi .. . _ ; 1011% IIII -:: --.4'..... - • , h'S or- f • - commission 1 -• .-1, i5..?,.t. 2- . -- •, — , ,,-.--..-_, -4 if ... :pi(localities fair? -_ ''s•- ------•''',...--;*.,- --r':.--14; i -• ; 4 -- A V '''-- .- ......-. II ' .... ...----.7 __,..7 , a • . N 'insights — AM* ,v,...., . ..v , .. - - ,v,,,,,-'r . .•74g, 4-'1\1043* '!5t.!1'.. .,,..,,,:,:„,-- -Walking into , -trouble. •16 . . . • '- : :.„..". . , . ....:.1 ,it,' I _ . _ ,AfiliA - .,.., „,.... ....t, _ _ , - - lffhese and V „,.,.0 k " f ;• ..f, '., : r• ,... Ill - -) ,,.c. ri;"?' -Amor e in this -• ,i-v- 7-...''4iiiiii-l'' Ill ...7i, ) .._ ...___, ...,,..5 ... - - -.N\ 4'4 ' - --z.,-t.k- - - . 17.::'A,, -• ...-4-,.. --, -----N\: -..-..-4,-ii - e...,' --. / V5!".56:--r,t, .--.-,:1,-..4-, _ , . -_. _, .43.. 1 (a--:--: ...,,,, . .....„ --. .. • . . . 1,-.,k--4----,„..,,:.r-w,.4•— -, • -, ' ""--•..--"%,,,:"N' A -. -,_- i -' , , ,.... - - . .......A.:. .,,-....-...R1 -i-f-1:...,. .,. _ - : , ih ,4. t.. • • • _ _ -,, PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1992 .— 1- .7,-:S.. " ,,-.e."-sS-. •..,. - —-— FROM THE EDITOR FEATURES PLANNING COM M I S S I O N E R S— Lighting Our Streets Shedcling pby rofoundly Robert Prousc oi.iina Street lighting profoundly affects how our towns and Some Light cities look. Robert Prouse provides an introduction to the basics of lighting—and explains why it is important for planning commissioners to not just Champlain Planning Press _ -< leave it to the engineers. P.O. Box 4295 fights are all around us. At night, 1 they•outline our cities and towns, our Burlington,VT 05406 neighborhoods,and—for most of us— Tel: 802-864-9083 Good Communications: Fax: 802-862-1882 our streets. Yet how many of us have re- The Key to Good Customer Service ally noticed our community's lights:what bs Ras Qua) Compuserve: 72570,460 the poles and fixtures look like, how the How some planning programs have found that improving communications can lead to more Editor lighting is arranged.and whether the light produced is suited to our needs. All too effective"customer service.' Wayne M. Sent'llle often,our cities and towns are overlit, re- _ suiting not only in an enormous waste of Assistant Editor Understanding Light Pollution energy,but in atmospheric light pollution. Kenneth Lernerb) Da'.id L.Crawford Like many things about the land- Atmospheric light pollution obscures much of the scape that surrounds us, its degradation nigh[sky Astronomer David Crawford explains how Design occurs so gradually that we barely notice this has happened—and suggests ways of dealing Quad Left Graphics it. We grow accustomed to the bright with the problem. Burlington, Vermont lights of the car dealerships. and to the 10 loss of a clear window to the stars. Robert Cover Illustration Prouse's article in this issue is meant to The Death of the Night Paul Hoffman bs E.Annie Proutx provide a working understanding of some Thoughts on what the loss of the night sky means. Woodbury, CT of the basics of lighting. Like mostJournal 11 articles,it is intended to open the door to Subscription Information further exploration by you, as an indi- vidual and as a member of your corn- DEPARTMENTS Published 6 times/year,with an index included munitl's planning board. in the September issue. Standard Rate. 545/ year. Additional Copies: $6 each. Small com- Historian John Stilgoe also sheds The Effective Planning Commissioner munities(populations under 25,000),and small - some light in his "Insights- column oncounties or regions(populations under 75,000) g g Visual aids can be a key part of a presentation.Yet receive 40%off the standard rate. ISSN 1058- the state of American "unfitness." What we often fail to carefully plan for their use. 5605. Postmaster and Subscribers: Send ad- sort of impacts does the fitness of our 3 dress changes to Planning Commissioners Jour- — population have on planning?It's the type nal,P.O.Box 4295,Burlington, VT 05406. of thing most of us probably haven't given Planning Law Primer much thought — yet, when you stop to Courts are increasingly scrutinizing written findings Editorial Policy - - think about it,the changing nature of our in local land use decisions.Attorneys Gary Kovacic and Mary McMaster provide guidelines for drafting We strongly encourage subscribers to connrib- society can indeed have major conse- land use findings. we news, information, and ideas. A standard quences on how we design and use our 12 form for submissions to the News f Notes sec- - enironment. tion is available. Articles and columns con- V1'e'll try our best to see that the Jour- . rained in the journal do not necessaril' reflect Ethics &The Planning Commission the views of the Journal. The Journal is copy- nal continues to illuminate issues you face Are your commission's procedures fair'Greg Dale right protected by Champlain Planning Press — as a planning commissioner. explores why fairness may require more than the 1991.For pennissionto reproduce or distribute legal minimum. any portion of the Journal,contact the Editor. 14 This publication is designed to provide accurate _ id / and authoritative information on the subject e {y/� 1RSightS matter covered. It is sold with the understand- ing that the publisher is not engaged in render- Historian John Stilgoe reflects on why the growing ing legal,accounting or other professional ser- _ "unfitness"of Americans is something planning board members should be concerned about. vices. if legal or other expert assistance is re Wayne M. Senville 16 quired,the services of a competent professional should be sought. P L A \ \ I \ G COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 THE EFFECTIVE PLANNING COMMISSIONER Using Visual Aids by Elaine Cogan —< . eople generally remember crowd in too many ideas.Pie charts are the presentation without it.This is much pre- _t0 percent of what they hear, 30 best type of graph because they present ferred than having the audience become proportions or relationships lay people can angry or alienated when your visuals ap- percent of what they see, and 50 understand easily.Slide photos of particu- pear to be visible only to the"chosen few" )ercent of what they see and hear at the lar sites can be either distracting or effec- in the first few rows. -ame time. Planners must realize this in- rive,depending on the quality of the pho- Choose strong, generally accepted col- stinctively,as ubiquitous charts and graphs tography. ors. The best for white charts are black or .eem to accompany most of their oral pre- dark blue;for maps,blues and greens;and ,,entations. for highlights,red or orange. Graphic art- Unfortunately,use does not automati- - BOVE j isu are too often tempted to use trendy :ally ensure quality. Hapless planning colors ... mauve and pink were popular _:ommissioners often are captive audiences EMEMBER THAT just a while ago. Colors that have a short expected to endure their staffs'seemingly *)NE'PICTURE IS WORTH lifespan will seem unduly frivolous to :ndless array of boring, repetitive, or un- l THOUSAND WORDS ';.._ . many citizens. You will never go wrong iecessarily complicated graphics. In my -.:,1 '- with familiar, primary colors that have AUT ONLY 11: 11 IS THE stood the test of time and are easilyunder previous column, I cautioned planningtaf orGHT f1C LJR1 �'�;"Y'4.-1': stood.It is generally accepted,forexample, 7ommissioners not to meddle in staff or .:2,-%410u- . r; nanagement affairs.But when it comes to r= �,-_....",'",.• -` t`T that anything blue is a body of water,while r,-^4a' . =; . visual aids, you may be neglecting your ::,;'-'.;'$44 .,::, _ green denotes trees or open space. duties if you continue to endure those that '` '� Do not neglect obvious information. ire less than adequate. Be assured that if Planners should know better, but may you do not understand them,neither will Maize each visual simple and unambigu- leave out the date or the name of the de- the public. ous. Now that computer programs can partment or bureau. Too many maps and Moreover, as a planning commis- create graphs and charts at the flick of a photographs lack a simple north arrow or -sioner you may—at times—be expected button, too many people are tempted to the designation of major streets or com- to make presentations to local organiza- use them without thinking through the munity landmarks. These are important, ions. Visuals may well enhance your message they want to convey. It is easy to not only for consistency,but also to help speech,but again,only if they are clear and be overly ambitious and try to present too orient lay people who are not as savvy as appropriate. You have a great variety to much information. Your message should you are. :hoose from, including: chalkboards or be obvious to the reader after just a few Above all, remember that 1 picture is -whiteboards; flipcharts; graphs; maps; seconds of scrutiny. All lists should con- worth 1,000 words,but only if it is the right overheads and transparencies; slides; and tarn phrases rather than whole sentences. picture! If staff visuals are too complicated videos. Never use overheads that contain densely or obscure, do not hesitate to ask quer- _ The following principles are a general packed text.Use familiar examples.When tions or request that they redo them.If you guide to the use of all these visual aids.You you were on vacation in Europe last year, are using visuals as part of your presenta- tre welcome to share the information with you may have taken beautiful slides that tion,be sure to follow the above guidelines -,Jour planning director. relate to planning issues in your commu- and you will be rewarded with a receptive, No one technique fits all.Use visuals to pity.But if the audience is likely to wonder attentive audience. :nhance, not replace, your oral presenta- how you could afford such an expensive _ion. Before decidingwhich visual aid to trip,junk those slides for examples closer Elaine Cogan is a partner with the firm of • , II,,r` use,consider:the purpose of your presen- to home. Cogan Sharpe Cogan, ation; how many will be in the audience Be sure the size and scale can be seen by Planning and Commu- 4 F —the their knowledge of the issue; size of everyone in the audience. Test your visual nications Consultants,Port- the room;and budget.Whatever medium in the room you will use and discard any- land, Oregon. Her column -lou choose,make sure your visual is well thing that cannot be seen easily in the back appears in each issue of the _i lone.A simple chalkboard or flipchart can row. If you find you have the wrong size Planning Commissioners X=i- The effective if you write boldly and do not visual for that meeting space, make your Journal. PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 FEATURE Good Communications: THE KEY TO GOOD CUSTOMER SERVICE n my previous article for the also described the steps in the zoning re- by Ray Qua} view process—from application to public — Journal ("Customer Service: hearing.and included tips on how to make What It Is&Why It's Important," presentations and effectively communicate November/December 1991, p. 5), I ex- DELIVERING DEVELOPMENT with the commission. — plained why a customer service approach INFORMATION The planning commission also con- is as important to planning programs as itArlington, Texas, has gone beyond ducted a survey focusing on issues such as is to private businesses. One of the keyimproving how inter departmental ser planning commission performance and _ ways of reflecting a customer service phi- vices are coordinated—it has also taken the relationship between the commission losophy is through good communicationssteps to improve access to development and the city council. The survey was sent between the planning program and itsinformation.In response to concerns from to a wide range of "clients," including _ "customers." various groups and organizations about council members, applicants, planning confusingagendas and limited access to staff, former commissioners, and citizens COORDINATING INFORMATION g who had attended commission meetings. information regarding development issues, — Perhaps the most frustrating thing forThe survey responses provided insights the city initiated a"Neighborhood Referral a citizen to face is the bureaucraticprogram." This program is designed to into a variety of areas where communica- "shuffle"— that is, when you can never quickly and cheaply deliver development tions had broken down or practices had seem to find out what you need to know information to those who want it. caused confusion and frustration.As a re- because some other department or office isThe city maintains a list of special suit,actions—such as joint council/com- responsible. Citizens in Arlington, Texasinterest groups that are provided packets mission work sessions — were taken to (population 249,000) faced this problemof information similar to those received by help clear the air and reopen channels of because the city's planning and buildingthe city council and planning commission. communication. services have been split between two dif- The packets are customized to the group's THE FORT WORTH TRENDICATOR _ ferent departments. All too often, citizens geographic area of interest(which may be would be routed back and forth betweenDuring the late 1980s. after more the whole city), and include agendas, as than ten years of steady growth, Fort departments while trying to get questions well as copies of applications and staff re- answered and obtain various approvals. Worth, Texas found itself in the midst of — PP ports. Each group can then inform its an economic slump. Being next to Dallas, In response to complaints.Arlington members of issues of interest—and each opened a "Development Services Desk' most information about Fort Worth was P Phas a contact within the city for asking lumped into articles and reports looking at providing a one-stop location for a variety questions or providing comments. The permit and application needs. The desk the entire Dallas-Fort Worth metroplex. of pP program has not only increased public This made it difficult to clearly identify is staffed by two people knowledgeable awareness of development issues but also about such things as buildingpermits,cer- and communicate Fort Worth's unique — g Preduced the level of confrontation at pub- assets and encouraging economic trends. tificates of occupancy, zoning board of lic hearings between the development To help separate information about Fort adjustments requests, zoning change re- community and other groups. Worth, the city planning department de- quests,and plat approvals.The staffs mis- IMPROVING COMMUNICATIONS IN A veloped a monthly publication called the sion is to quickly meet a citizen's need. SMALLER COMMUNITY Trendicator.The publication was designed Applications can be filed,and immediately for completeness,preventing the A community doesn't have to be large to keep local businesses abreast of eco- reviewed - delay of call backs for extra information.If to recognize the need for improved com- nomic trends in Fort Worth—and to be munications. In Gilbert,Arizona(popula- used as a marketing tool to help prospects questions arise that require contact with tion 29,000)communications between the understand differences between Fort another department. rather than referring an applicant to that department, staff will planning commission, its staff, the city Worth and Dallas.The information,much council and the community seemed to be of which had not been readily available call the department while the applicant is before, was displayed in an easy-to- read there and try to obtain the needed infor breaking down. In an effort to deal with P y this, the commission first prepared a bro- format.The Trendicator quickly proved to — mation. be verypopular,and helped the planning that explained its role.The brochure PeP g PLAN N IN G COMMISSIONERS JOURNAL NUMBER 4 MAY / JUNE 1992 PVv -' AR1.1Nc.,r Vrv, i t.nt+� �, V Above and The icing on the cake:a year later the plan received a national award of excellence Beyond from the American Planning Association. Occasionally,planning commissioners Resources decide to put in some extra time commit- _ went beyond that expected of them—this ( For information on the � department become identified as a primary can be"customer service"at its best. e programs� described in the urce of economic information for Fort In the late 1980s,the Arlington article,contact: —orth (Texas) Planning Commission was Arlington Development Services Desk working with its staff to develop a needed Leo Sims,Senior Planner,(817)459-6503 COMMUNITY FEEDBACK IN PHOENIX revision to the city's comprehensive plan. The City of Phoenix Planning De- Alternative strategies had been prepared to Arlington Neighborhood Referral Program partment uses a variety of techniques to address the major issues,but there was still -Rose Jacobson,Director of Planning, -•mmunicate with and receive feedback a need for broad public discussion of the (817)459-6650 mm the many citizens and organizations issues and alternatives.Staff had designed Gilbert Commissioners Survey-Joe Mat it interacts with. One technique has and was ready to embark on a series of O'Reily-Chairman,Planning and Zoning • poen to link"client"assessment of perfor- twenty community round tables.The Commission,(602)892-0800 i ante to the evaluations of the members of the planning commission, Fort Worth Trendicator-Dan Hardin, however,felt it was important to take a (817)870-8038 31'partment's deputy directors— each of more active role.As a result,the commis- whom is in charge of a major program Phoenix Performance Surveys-Ron Short, sioners split up the responsibilities for the elveswith ping Director,(602)262 6658 ea. round tables among thems , • The department periodically surveysindividual commissioners serving as the different clients asking them to rate the . "facilitators."The commissioners then ''Pa SomeSomertment's rformance in its various Pe reported back the results of"their"round Observations programs. These assessments are then tables to the full commission. used as one factor in each deputy director'sAs Paula Hightower,a former plan- On Performance tpraisal. Due to the large number and ning commissioner,put it: "The Commis- Evaluations ..ariety of clients surveyed, a few dis- sion realized that a comprehensive plan for ntled clients will not have an appre- by Ken Lerner,Assistant Editor gru PP the entire city would only be a good plan if fable effect on a rating. but general cus- it had support from all aspects of the While it appears the Phoenix perfor- mer satisfaction is reflected. Including community.The best way to show people mance evaluation program described by this as one factor among many does not how important the plan was and get them Ray Quay is used only as one factor in 2sult in budget or schedule overruns, involved was for the Commission to set an reviewing higher level management ...poor quality products, or misdirected example.If we showed them that we felt it Performance,l would raise a cautionary regulatory management just to make was important enough for us to take the note.My concern is that in a smaller people "happy." Rather it rewards those time and get involved then they would feel Planning office,or for current planning _vho can perform well while maintaining it was important enough for them to get project review,using feedback from clients high customer satisfaction-Some Obser- involved."The Commission's effort paid who may be developers,architects,etc., could result in staff being influenced orlon..." The surveys have also provided off: the final plan received wide spread valuable insight into the effectiveness of community support,and was unanimously against making tough adverse recommen- dations on a project.Supervisors should be the department's programs as a whole, familiar enough with their staffs perfor- while helping promote a customer service mance—including how a staff planner thilosophy among staff. Ray Quay is currently a Deputy interacts with the public and commission Director of Planning for the City of —to make reliable evaluations. SUMMING LIP: Phoenix, an adjunct faculty member at Enhancing communications is the Arizona State University,and apartner of —,cey to good customer service, but it is a McQuay Technologies,a microcomputer two-way street.Good communications in- software consulting group. Ray is the :olves both listening to what your cus- former Assistant Director of Planning for —Comers are saying, as well as providing Arlington, Texas. He is also the author them the information they need. (with Bruce McClendon) of Master Change-Winning Strategies for Effective City Planning. PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1992 e_ ri. Planning for : • a Lighting Our way between two poles— there is a pole e • f '� Streets... contributing light from the other side of — /�\ lights *,'` It 1 the street. V1'hen sta ered, the distance ._ I continued from staggered. Before a city or town goes to `® cover between poles on the same side of the street the expense of purchasing new lighting 1! I - can range from 100 to 150 feet(using thirty fixtures,it may want to ask that a and need to see.But foot high poles).While this may convey an working sample be installed on the street. too often we take This is often helpful because of thestreet lighting for appealing pattern when viewed on a two- dimensional plan drawing, when viewed — difficulty of fully knowing just how any �l / granted: "It's just from the ground in our three-dimensional particular lighting will actually look and a there;" "It's a tech world, it usually appears as no pattern at feel. Members of a planning board,and nical issue;" "Let the engineers handle it;" all.The flanking arrangement,on the other — other interested citizens,can provide "I'm not going to get involved in that—it's valuable reactions to such mock-ups. The too complicated." hand, has an rhythm and visual logic im planning board or department might also It is true that there are technical as- mediately apparent to the eye of a pedes take an active role in developing an pects of street lighting in which not just trian or motorist. — overall lighting plan for the community— anyone could—or would want to—get in coordination with the public worksinvolved. But there are other aspects of � � � department. A lighting plan essentially street lighting that any thoughtful person • . — sets out the lighting system that will work can explore and make decisions about. Staggered Pattern best for each type of street in the commu- These mostly involve "feet-and-inches" nity.Lighting design consultants can help a community in this process. and color issues. — Before turning to these issues,there is • . . Glare another reason why lighting is too impor- _ tant to be left to the engineers alone. That . . — We see in several discrete steps of is because of the value of the "perceived" Flanking Pattern brightness. If we were adapted to the dollar. In public works projects. not all brightness of a sunny day,we could not dollars are created equal: some dollars From a city-wide perspective, both _ see any detail if we were to peer into a carry more readily visible impact. If, for arrangements may be appropriate. One dark cave. If,however,we were adapted instance, one million taxpayer dollars are approach is to use the pole arrangement to to the brightness of a moonlit night.and spent ripping up a street and replacing all reinforce the street "hierarchy." For ex- ` looked into the same cave,much more the utilities underneath,that is an undeni- ample, on the more important or heavily detail would be visible. able public benefit.But how happy will the used streets,use the flanking arrangement, Glare is a point or field of brightness public be if the result of the considerable while on less important streets,use the less that is above the general level of bright- disruption and expenditure is a street that expensive staggered arrangement. ness to which we are adapted at any looks the same as it did before? An im- SCALE & POLE HEIGHT moment. So if we are sitting in a dimly lit provement in a highly visible amenity like room,and someone shines a flashlight in the lighting system helps to foster an im Scale and pole height are important our face,we would say, "that's glare.'But issues in street lighting. Very high light if we are sitting at the beach on a sunny proved public impression of the overall poles—which allow for the distribution value of the project. day,and someone shines the same of light over broad areas— are most ap- _ There are three major "feet-and- • flashlight at us,we might not even notice. propriate for freeways or shopping mall Glare is a constant problem in street inches"issues to consider at the beginning parking lots.But for downtown areas,they lighting since it prevents us from seeing of any discussion about street lighting: may. be a poor choice. The most familiar _ dearly.We look at a street light,or an 1. Plan Arrangement: fixture — the cobra head —shines light oncoming headlight,against the backdrop Staggered or Flanking into second and third story windows.The of the black nighttime sky. They can't 2. Scale: Pole Height distribution of light from high poles is sim- help but be a source of glare. A commu- ply not suited for the typical downtown n or Wily can take steps to reduce glare by 3. Pole &Fixture Details P town center where relatively narrow streets decreasing the number of high-intensity PLAN ARRANGEMENT are framed by building walls. fixtures,and by using better-shielded Two arrangements of street lights are In a downtown pedestrian-oriented fixtures. [Editor's Note: Take a look at commonly used: "staggered" and "flank- area,and in some residential districts,it is David Crawford's short article and the ing." The staggered arrangement is more often desirable to use the scale of a "post sidebar on the Pinta County Lighting Control Ordinance on page 10 of this issue economical.since it uses fewer poles.This lantern,"rather than that of a street light.A for more on glare]. is because just at the point where there post lantern—including the pole and fix- tends to be the lowest level of light—half- ture—is ordinarily ten to fifteen feet high. PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY / JUNE 1 9 9 2 This puts it at a pedestrian scale. A thirty fortunately,the size of many bases is often Post Lantern -)ot pole, on the other hand, is a disem- simply determined by the size required for _odied presence on the street:the lighting an access panel or door, and the breadth element is way up there, and not really a needed to cover the an- tAsTart of the pedestrian view. When post chor bolts. Many of the 4". 'H rw er Interns are used, the luminaire must be bases used today are • .\-- carefully selected in order to light the city only fifteen to eighteen ,„R +1 pf+c,ww. j -treet to contemporary standards which inches high. Yet bases "� r'"J' 2 all for higher light levels than in the early three to five feet in height often produce a period of electric street lighting,when post much better overall proportion.This is es- _o lanterns were more common. pecially true on a high pole, as the eye °'a 6'' 4 Using shorter poles generally means tends to lose interest if a shaft simply rises 11111 'chat they must be more closely spaced. A straight up for twenty-five or thirty feet.A ,u , rule-of-thumb is that a high performance more substantial base — one that has a 1. ole-mounted light has a maximum spac- presence—can counteract this. -mg of about five or six times its mounting The shaft. Materials used for shafts ` height.Thus if a light is twelve feet off the range from steel and aluminum to cast I round,the poles can be spread up to sixty iron, concrete, or even fiberglass. The I I —r seventy feet apart. These are rough ap- choice is generally based on the level of i proximations,and each option needs to be detail desired, the height and relative ompared with the manufacturer's data by strength needed, envi- ops r 40,,,t um.,pns .i iloi �.professional lighting designer. It is also ronmental factors, and, """ � "" important to bear in mind that as light not surprisingly, cost. Shafts come in a 1 j' xtures are placed higher and further variety of shapes: round, square, octago- _part, they require increased power to nal;with straight or tapered sides;and with ••• 'I' achieve the same lighting level. Increased smooth or fluted profiles. In general, j' ower leads to increased glare from the straight, plain shafts are made of formed '' ion' _ght. "Glare"p.6 steel or aluminum, while shafts having I The daytime aspect of the poles and more detail (for example,a tapered shaft, i j xtures should not be forgotten. A hand- with a fluted profile)are often cast alumi- _ome pedestrian �� num or iron. lantern, or a taller The luminaire or light fixture.There are Ilk 7 ole that is g thought- three basic means of controlling the direc- illy desi ned, en- ® tion of light as it emanates from the bare III_riches the city. Un- bulb: reflectors, refractors,and diffusers. ,~� e,rtunateh, atten Reflectors are made of shiny,polished on to design de- 4 aluminum and are located above and -- - I f tails, especially -.1 around the sides of the C'om a pedestrian's lamp.They are designed "w""�` oint-of-view,is of- (�II{ -- to reflect light that would otherwise go up Ten not given much consideration. into the sky downward to the street and 1 people. A common system used in street POLE & FIXTURE DETAILS lighting is the sharp cut-off reflector, in �" A street light has three essential parts: which virtually no light leaves the fixture a lighting fixture(or luminaire),a shaft or above an angle of about 70 degrees (as L._ y. ole to support the fixture, and a base to measured from straight down). ichor the pole and house the electrical Refractors are carefully formed glass i/- : necessities. or plastic devices that surround the .- .• t The base. This part of a street light bulb and whose surfaces are composed _.ryes two functions: it contains the elec- of hundreds of tiny prisms, each of :•+ ‘,..,,,. :.!'Grine> trical connections to the power supply,and which bends the rays of light down into a ;_ n ti! provides the holes or slots that are specific pattern. _ipped over.the anchor bolts in the foot- Diffusers, when used alone, provide1�P�"P" ing to secure the pole to the ground. Un- continued on next page lift!. ._r — PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1992 j 8tgUghting Our life and higher light output.Improved ver Safetyjaw AI Streets... sions of H.P.S.,with excellent color char- M 1 i continued from acteristics,are arriving on the market. For local officials perhaps previous page Low Pressure Sodium is an entirely the most important issue relating to jl Imonochromatic light source,meaning that` lighting is safety. "More light means no real control of g more safety"is a common assumption. light. They simply all of its light is of a single wavelength: an While it is,of course,true that an the glaring intense yellow hue.It reveals the world in absolutely dark environment can conceal brightness of the shades of brown.L.P.S.is used primarily as dangers,and make movement dangerous bare bulb over the a security light in storage yards, or as a for both pedestrians and motorists,it larger area of the diffuser's surface. If the night light inside retail establishments. does not seem to be the case that more entire luminaire housing is a simple dif- Metal Halide lamps are probably sec- light necessarily means more safety. fuser, much of the output from the lamp and to High Pressure Sodium in terms or When dealing with automobile goes upward. This doesn't help lighting use in street lighting. Overall, they pro- safety,the glare from street lights or streets or people and promotes atmo- duce the best color for most street lighting parking lot lights can actually make it spheric light pollution. applications.Their bright white light ren-- more en—more difficult to see into shadowed There are many fixtures on the mar- ders most surfaces relatively well. How- areas,in between cars.One's vision can ket that use a combination of reflectors, ever, the life expectancy and output of be temporarily dazzled by looking into a refractors, and diffusers. While it is pos- metal halide lamps are not as good as H.P.S.— bright light.Also,abrupt transitions in sible for a professional lighting designer to Mercury Vapor was used extensively the overall level of brightness can be evaluate the photometric performance of a for street lighting in the 1950's,and is still dangerous for motorists. luminaire (that is, determine how much used in some smaller communities and in— In terms of safety from crime,above light will be delivered to the street sur- park lighting. It appeals to maintenance some relatively low level of light,there is face),the issue of how a fixture will look in departments because it is less expensive little evidence that simply increasing the than the other lighting sources,lasts a long— the nighttime environment is somewhat g amount of light deters criminals. subjective. The best way to evaluate such time, and has the simplest technology. Washing plazas with great amounts of concerns is by seeing a working sam- However,it produces a cool,almost bluish light from large sports floodlightsli htthat gives_ mountedon tall poles or adjoining ple. 'Planning...'p.6 ��uLl g , g buildings only contributes to a prison- SOURCES & COLOR pedple, buildings, yard atmosphere. if anything,it adver- II andparirtgmaterials Color can be the most frustrating as- i \ `.r ' a blanched look._ rises an area as a potentially threatening pect of street lighting for non-profession- 1 ' - F Mercury vapor place.To make an area feel safe, g g p /III p consideration needs to be given to more ass to understand, largely because of the 4 lamps also tend to wide variety of lighting sources being used. provide noticeably_ than just light level.Factors such as light ,%�� •\ colcolor,source brightness,glare shielding, A first step to reduce confusion is to un- : less light as they age. fixture placement,surface finish colors derstand that there are three basic families ` Incandescent must also be taken into account. of lighting sources: High Intensity Dis- lamps are the least_ charge("H.I.D"),Incandescent and Fluores- expensive in terms of first cost. However, . cent. they have the lowest efficacy, and the _ . x ,. ..z F c H.I.D. lamps are the most commonly shortest life expectancy.This makes them ;.;-.,-71.7t ' _ ;A:. '' .k::--: . used source for street lighting. There are, more expensive to operate.They are used- - sitsi 7,,. ,t7, in turn, four types of H.I.D. lamps: High for street lighting only in limited ways to Pressure Sodium, Low Pressure Sodium, day: mainly in a few low-volume residen- Metal Halide,and Mercury Vapor. tial neighborhoods and special areas like- -- High Pressure Sodium is used for most pla7ac and malls.Their appeal is that they 1.1` . "c' <• city street lighting today. It produces an provide the best and most constant color ,�. orange-yellow light and has good light characteristics of any electric light source:— output and lamp life ratings.While some people,special paving materials,and land- A house with "security"lighting. Light is paving materials look good under H.P.S. scaping all look natural.Improved versions splattered everywhere,and a great deal of light, others do not. H.P.S. causespeople of the incandescent lamp, such quartz— glare is produced. With the glare and deep gas shadows contrasting with the bright areas, to look a bit jaundiced.Because of its lim- or halogen lamps, have somewhat higher criminals easily hide from from view! iced spectrum,greens tend to look brown- efficacy and longer life than standard in- Neighbors also hate these lights because they ish—a drawback in lighting nicely land- candescent. — "trespass"on other people's property.From scaped areas or trees with H.P.S.But public Fluorescent lamps are not widely used Light Pollution:Problems and Solutions (Intl agencies often favor it because of its longer in street lighting today. Long fluorescent Dark Sky Ass'n 1990). PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1992 .� Light Pollution Outdoor light should be concentrated where the people are and where they want Most of what we call sky the light to see by?From Lynch's,Site — 1414 glow,or light pollution, Planning 2nd Ed. (MIT Press 1971). • • comes from poorly shielded street and parking lot lights.The direction that light A Lighting emanates from a fixture is listed relative to Glossary rnadir,or straight down,which is always .,...,, r considered 0 degrees.Any significant Average rated life is the term amount of light exiting a fixture above 90 applied to how long a lamp will last—on degrees does not help light streets or average. \\1 ! �� people (though in some situations it may Efficacy is a measure of how efficiently ItI , 1�1��11 be useful for lighting trees). It does, a lamp converts electrical energy into light; sea.," -+ however,cause the atmosphere above our the units are in"lumens per watt." cities toglow—andprevents us from Efficiency is the percentage rating of a seeing the stars. Since it is wasted light,it luminaire that indicates what part of the is also wasted energy. bare lamp's lumens leave the luminaire in Battery Park,New York City Many modern lighting fixtures emit any direction. their greatest amount of light at about 70 Lamp is the term a lighting designer ..`very high output" tubes were used for degrees,which works out well for the uses for a light bulb. street lighting when the only viable coin- typical spacing of light poles.In a well- Lumens is the unit of measure of the )etition was mercury vapor,but such sys- designed fixture,the amount of light total amount of light produced by a lamp. _ems are rare today.New compact fluores- emitted in the zone between 70 degrees Luminaire is a lighting fixture assem- cent lamps,however,are now widely used and 90 degrees falls off rapidly,so that bly,made up of the lamp,reflector, n interior lighting, and are starting to be virtually no light goes up into the sky. . refractor,and housing. _:onsidered for low-scale exterior lighting. In areas near astronomical observato- Their appeal is that they have good con- ries,one needs to plan with special care. Resources ,cant color characteristics and a relatively Not only is upward directed light damag on life. illi ing to observation,but the spectral The International Association g composition of the light is critical.Some of Lighting Designers will SUMMING UP: stray electric light can be filtered out by provide references for people or institu- Lighting has a significant impact on the astronomers,but if certain sources are tions needing independent lighting design fur cities and towns.By night it allows us used,say mercury vapor,filtering them consulting. For information,contact them out also filters out much of what they're at: 18 East 16th Street,New York,NY to see every component of our streetscape10003;(212)206-1281. nd the people in it.By day,light poles and trying to see in the sky.Astronomers have the least problem with low pressure The other major organization in the -fixtures are a visible presence along our field of lighting,The IlluminatingEn streets.Analyze proposed lighting in terms sodium,but use of that source has gi problems for people and landscape,since veering Society of North America,svecsPs •f plan arrangement; scale and height; lighting education and the development of -base, shaft and luminaire character; and it renders everything in shades of brown. 8 8 P [Editor's Note:Light pollution poses the technical guidelines.It publishes the IES light color.Think about what you like and type of problem that county or regional Lighting Handbook—the lighting on't like in other communities' lighting planning commissions may be especially professionals'"bible." ystems.The lighting of our streets doesn't well-suited to deal with since it clearly cuts The IES is located at:345 East 47th have to be bland by day and glaring by across—or rather"over"—municipal Street,New York,NY 10017; (212)705- ight. borders.For more on light pollution,see 7926. — Robert Proust.is a partner with the firm of H. pages 10-I1 of this issue.) M.Brandston&Partners,Inc. in New York City, id is a member of the International Association of Darkness & Light • _ghting Designers and the Illuminating Engineering Y�.rY Kevin Lynch,one of America's most rciety. Since 1979 Mr. thoughtful city planners,observed that: rouse has also been on the • "Darkness is a necessary foil for the play of light,as silence is for sound.Outdoor �aculty of the Parsons School of Design,where he teaches - IMr x lighting has generally been guided by one the Lighting Design simple rule:as even and as high a level of grogram. . illumination as possible over every square inch.The result has been ghastly... PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 FEATURE Understanding Light Pollution by David L. Crawford PIMA COUNTY,ARIZONA, (.ight pollution is not a matter dark skies, but they also enhance energy 11111WLight Pollution of li e and death.Yet it is important efficiency. CodeOn an individual level, people car. nonetheless, profoundly so. We help reduce sky glow by using night light- 'Purpose...It is the intent of this code human beings lose something of ourselves ing only when necessary, choosing well to encourage,through regulation of types, when we can no longer look up and see shielded fixtures and turning off lights kinds,construction,installation,and uses our place in the universe. It is like never when they are not needed. of outdoor electrically powered illuminat- again hearing the laughter of children;we The stars above us are a priceless heri-- ing devices,lighting practices and systems give up part of what we are. tage—not only for scientific knowledge. which will reduce light pollution and Such a loss might be acceptable if light but also for our identity as human beings. conserve energy while increasing night- pollution were the inevitable price of — time safety,utility,security,and produc- progress, but it's not. Most sky glow, as David L.Crawford,an astronomer at the Kitt deity,* scientists call it,is unnecessary. The light Peak National Observcuory in Tucson,Arizona,is also executive director ofthe International Dark- The Pima County ordinance requires that obscures our view of the night sky — subdivision applications to indicate the Sky Association. comes mainly from inefficient lighting proposed location and type of illuminat sources that do little to increase nighttime ing devices to be used,as well as data safety,utility or security. It produces only (from the fixture manufacturer)showing glare and clutter, costing more than $1 • the angle of light emissions.The ordi- billion annually in wasted energy in the - - nance also,among other things:prohibits = the new installation of mercury vapor United States alone. lamps;requires the shielding of many For science,the impact has been even kinds of outdoor lighting fixtures;and more tangible and adverse. Astronomers prohibits,in certain areas,the illumina- require observations of extremely faint t.', •- - non of outdoor advertising signs and objects that can be made only with large .. _ recreational facilities after 11 pm. telescopes at sites free of air pollution and _- Copies of the ordinance,as well as urban sky glow. Our experience over the = . information sheets on various aspects of past two decades has shown that space- light pollution,are available from the based astronomy, far from reducing the "w - ' International Dark-Sky Association (IDA), need for ground-based observations,actu- ! , 3545 N.Stewart Ave., Tucson,AZ 85716. ally increases the demand for these facili- ties. , Billboards Reducing light pollution requires that = T a � s:' � R= 1 ;fir public officials and ordinary citizens be `.. 1,4,...N.--,7,.....,i,-;L:.--. k R A typical advert's = = �,:- aware of the problem and act to counter it. - .. . .- _ t a ,� ing billboard,seen •� �• ;, SY a _-- from the side. Low-pressure sodium lights,for example, r FS 7,.., While some of light can replace existing fixtures for most • e` , 1. Y "r ` — from the fixture streets, parking lots, and other locations. .r. -sg, _---_ Ligets onto the board, They reduce glare and save money. i�' ye ..mst goes into the 'Another fairly painless way to reduce -" ..-.- . . ._ — sky and is wasted. j what can be done light pollution is with outdoor lighting : .i ,rte 9; ti to improve this control ordinances, over fifty of which x� '' #- - kind oflighting?First the can be have been enactedN - - fixtures throughout Arizona and ,. mounted above the board so theyshine down. ' in several key cities and counties in Cali- " Second,more efficient fixtures can be used. :' Ai.- Y . fornix and Hawaii.0-Light Pollution Codes" Third,the lights can be time controlled so The night sky seen from an urban area. View of theygo offlate at night.From Light These measures typically require commu- — g g part of the constellation Scorpius,taken in Pollution:Problems and Solutions (Interna- nines to prohibit inefficient, low-quality August 1988 from Arlington,Virginia, looking tional Dark-Sky Association 1990) lighting. Not only do they help preserve south (five-second exposure). PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 FEATURE The Death of the Night — by E.Annie Proulx have the habit of looking up At night I lie on the hillside to watch �Yt - meteor showers. Sometimes I can see the ."` _it hawks and clouds and stars. On ` N WARSAW; NDI• . r northern lights,writhing streams of color ghin the upper atmosphere,agitated by solar clear ni ts I like to walk outsidef. 'BACKYARD „, ny house in central Vermont and be lifted winds. They look like a million miles of *ASTRONOMER WHOSE:,; —into the vast wheel of the glittering sky.As melting ribbon candy,or the brilliant curv- MALL OBSERVATORY a child I learned to search first for the Big ing edge of tide on black sand. -WAS RENDERED USE ... • dipper and then, following its pointer A few months ago I drove north from . --,V;; —stars, to find Polaris, the locus for sky- MIRY ME GEARING'ARD. Boston to Vermont. It was a clear night, watching in New England.The easiest con- and in an earlieryear I could have seen the :.;' ;tellation to detect was Orion and his H ;. stars or an auroral display through a clean :COOPERATIVE —.ough dog, with its studded collar and windshield. Not this time. All the way, NT TO COURT 10 ' • That eye is Sirius, a star that is *. = z popeye y until I was twenty miles from home, the 4KE BACK THEISKY.. , wenty times brighter than the sun though sky was obscured by the orange smear of . HE WON.mar more distant. sodium vapor lights along streets and as4,, ;, - ,� rr _ . roads,emanatingfrom parkinglots,shop- ., t = P - 'nt: .- �- -. ...,:•,...-.,L,,-..,.. ping malls,and fast-food parlors.When at - " ''' ' = rr -*1; last I turned onto the dirt road to home,I • • - .;;_ }� •,-. expected darkness. But here too the night It takes a son of visual patience to get - •.`�_' _1.� . . .gip. ,?-if t r��_, �- was stained with light. to know the night.These days I'm remem- �Y "'_ j " • A few decades ago most parking lots bering,rather than seeing, such phenom- '";;—%:;;.-2, -.,--, .'". .-.-,t_ and streets were lit by shielded incandes- ena as gegenschein,or counterglow. This • • s w ay" '.." a _4: _ , : ' cent lights, and later by mercury vapor is a delicate pale glow like a glass saucer in --;.-:•_k.'-'4,. -:',- ' n + ,. lights whose cold rays made everyone look the dome of the sky around midnight, . � � •-,� r ��t k� - like vampires. Mercury vapor radiation caused by reflected light from the sun, • _ was concentrated into relatively few spec- which,at the moment,stands exactly op- c. : -.---1•'-0.;.W4-404-:%-'..-•:'1-• 5.. a tral lines,and the spread of their light was polite,on the other side of the earth. The ,.. .+d ,,. - limited. But sports stadium lights, bill- zodiacal light appears before dawn and af- .- -.-%-; : _r - ' t1,--- . � _ board lights, and backyard floodlights— ter dusk,a cone of luminance emanating ` -.4-.-,,,...,-....1--` - " ,• all glowing with high-pressure sodium that from the unseen sun below the horizon � ltjr J ' : • ,,,.f. _ emits a continuous spectrum of radiation and disappearing into the zenith. Neither ' ': ...144'::*: g .' *� - " - �:1. • now destroy the darkness in broad and gegenschein nor zodiacal light can be seen ,<- , ,yam.• • • '' .•' =7 '�. . " -. = devastating ways: poorly designed shields in light polluted skies. • q , - allow their light to shoot upward and side- Our children are growing up blind to !a • - ways. the sky,the first generation not to know its -:'-,t S Light pollution is endemic all over the extraordinary beauty. It is a bitter loss. om •.--, '--" ..- ` . �= x -r earth,and every observatory on the globe E. Annie Proulx lives in the small town of s;"` suffers from it.A fewplaces near observa- +r .' Vershire, Vermont. She is an author,whose most .� 7 1 4 z,, ' f c tories—San Diego County,Tucson,Phoe- recent work is Postcards, published by Charles �,r.ip _ ,.t %"!'t.} , nix,and Flagstaff—have enacted lighting Scribner's Sons.Her thoughts on the night sky were -0, 4' ,j ' :44,..14:-. ' •,.!'l..1,-4-„.-.:.; ordinances to solve the problem. In War- first published in The New England Monthly,and _ ' - ' saw, Indiana, a backyard astronomer are excerpted here with her permission. whose small observatory was rendered View of the same portion of the shy,but taken useless by the glaring yard light of an un- rom a darker site, near Kitt Peak,Arizona. In .his location,man) more stars,as well as the cooperative neighbor went to court to take Milky Way,are visible. back the sky. He won. — PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 Et _ ., . t' LAIN IN 11Nh LAW t' K1MtK Drafting land Use Findings r by Gary A. Kovacic,Esq., and Mary L.McMaster,Esq. hree recent trends are become more knowledgeable of the legal that each piece of evidence and each logi- grea y increasing the importance requirements involved in land use deci- cal link has been articulated in the find-— sion making, they become increasingly ings. of findings in land use decision able to identify and make use of land use 2.Whenever a land use decision involves making. The first of these trends is in- findings (or the absence of them) to sup- a condition,make sure there is a clear logical — creased judicial scrutiny of land use deci- port their positions,and to judicially chal- link articulated between the condition being sions. The United States Supreme Court lenge those local decisions. imposed and the impacts of the project.A key decision in Nollan v.The California Coastal The following guidelines are intended factor in the Nollan decision was the Su- — Commission, which largely turned on the to help local decision makers draft find- preme Court's inability to see the "nexus" Court's inability to see an asserted connec- ings that will survive a court challenge. or link that the California Coastal Com- tion between a required condition and a The emphasis is on how to avoid making mission asserted existed between the con- — proposed project, illustrates the key role some common mistakes. dition that was being imposed upon the that findings can playl-Notlan...- property owner and the environmental The second trend leading to the in- * . r• • •r impacts of the project. Findings should— creased importance of findings is the ex- ' , .._.......!...'f DGES VILL T - clearly articulate the connection between panding number and variety of factors that ?. the burdens of a project and the conditions can, and sometimes must, be taken into =• !WAYS SIVE THE _i '-� account in land use decision making. 33MMISSIONMEMBERS ; being imposed. — x 3. If a project has been modified since Many courts and legislatures across the IE ENEFITOF- VIE findings for it were written, make sure that country are acknowledging and requiring 0O.s.., NI)J DOES RL the modifications will not necessitate new or— consideration of a variety of impacts cre- - ENERALLY-NOT gay mak? revised findings.This issue comes up most ated by local land use decisions. Impacts - ---' - -. PATNLIIC' VHEN _" frequently in states with environmental related to such concerns as regional hous- ing availability, wildlife habitat, and aes- FUSIONS ARL 3 i-# review requirements. Modifications may— w thetics,which in the past were not consid- `4131 itiOUS OR ,-...-.--• be required of a project to mitigate envi r. y - -'x'r ronmental impacts.However,those modi- ered important in local land use decision a' '" `'' �• - IAf1ol11PREI�El�1SiBLE. ` _ ; fications themselves may create new im- making,are becoming increasingly signifi- a r-• -..s1,-A �. cant considerations. s _ s, •;•-- 'er • pacts. Although a new environmental This trend can create two types of '£? . ,;;:t75",:!'"-" - 5 '� :* �.�'-i review may not be required, the com- problems for local planning officials.Offi- mission's actions may be strengthened by— cials may fail to take into account factors 1. State all assumptions. One of the the addition of a new finding on the new or that, in the past, were not important,but easiest"findings pitfalls"for local planning modified impact. Then, if the decision is that now must be considered and dis- officials to fall into is to rely on unstated judicially challenged,there will be a record_ ' cussed in their findings.Alternatively.offi- assumptions or to forget to articulate all of of the commission's consideration of that cials can be led astray by the large number the logical links in the decision making impact. Developer initiated modifications of impacts potentially involved in their process. For example, every member of a also can call for new findings where they— decision. This may cause them to neglect planning commission may know that the change existing impacts or create new to specify in their findings that their deci- existing traffic on a particular road is bad, ones. sion was based on the legally required con- and will be made worse by a proposed When significant changes to a project sideration—not on the myriad of other development.However,if that observation are made after findings have been drafted,— possibly relevant,but not legally sufficient, is not explicitly stated in the commission's it's a good idea for the commission or board factors that may have been discussed in written decision,it will not be considered to step back and determine whether there the hearing on the case. by a court reviewing the decision.For par- is a need for additional findings, or revi-- Increased community sophistication titularly complex decisions,it maybe help- sions to existing findings. is the third trend that makes the drafting of ful for one of the commissioners,or a staff 4. Use statutory requirements as guide- good findings more important than ever member, to chart out the logic of the lines for your findings. If a state statute or— before.As various groups and individuals commission's decision and to make sure local code or regulation requires specific PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 The Nollan Case .-' In Nollan v. California r Coastal Commission,483 U. S.825(1987),the Nollans sought a permit from the California Coastal Corn- mission to tear down their beachfront endings to support a local land use deci- 6.Put your findings in clear and under- bungalow and replace it with a larger ion,make sure your findings meet those standable language. Although judges are home.The Commission conditioned app requirements. Check the applicable stat- usually more tolerant of legalese" than of a pe al of the Nollan s plans on a grant a public easement across their prop- 'le or regulation to confirm that all neces- they are of "plannerese," they generallyerty.The United States Supreme Court ary considerations are addressed both at prefer simple English. It is true that find struck down the easement requirement "The hearing,and in your findings. Ings often need to incorporate some statu- • on the grounds that there was not a Requirements for findings on newly tory language as discussed above. How- ' sufficient"nexus,"or connection,be- merging topics such as regional impacts ever,the language describing The decision . tween the easement requirement and the Tnd new environmental considerations are making process should be clear enough actual impacts of the project the Nollans frequently coming into existence.Your le- that the assumptions and the steps in- . were proposing.The Nollan decision al counsel or planning staff member volved can be easily understood and fol- reinforces the importance in the local -should monitor those developments and lowed.if findings are too obscure to follow land use decision of findings which keep you informed of them. they may not provide the logical support clearly explain the relationship between 5.Avoid findings that merely restate the required.Judges will not always give the the proposed development and any Taw. Although it is important to specifi- commission members the benefit of the , conditions being imposed. cally base findings on statutory provisions, doubt,and judges are generally not sym- ou must do more than merely restate pathetic when decisions are ambiguous or Findings in Sanskrit -inose provisions. Another easy trap to fall incomprehensible.)"Findings..." Avoid the mistake made by the into is to simply quote the language from 7. Suspect Classes. Land use appeals drafters of findings supporting an order ae relevant statute and state that the con- sometimes allege that a particular class of of the Interstate Commerce Commission —5itions of that statute have, or have not, people has been discriminated against in of which Supreme Court Justice Black been met without actually applying the the challenged land use decision. Local wrote: "1 am compelled to say that the pecific facts of the decision to that statute agencies should carefully prepare deci- Commission could have informed me —r regulation. Yet, one of the key factors sions that may be challenged as discrimi- just as well if it had written its so-called that a court reviewing a land use decision natory—and discuss the decision before it findings in ancient Sanskrit."Dissenting, Till look for is a reasoned application of is adopted with their municipal or county in Chicago&E_I.R.R v. United States, _le applicable statute or regulation to the attorney. The findings supporting a deci- (1963)375 U.S. 150, 154. specific facts of the case before it. sion upon which this allegation may be For example, don't drafting findings made, should make it clear that the deci- _:iat simply state that: "a variance should sion was not based on race or class. be granted because the landowner would SUMMING UP: Gary A. Kovacic and Mary L. uffer a unique hardship under the general McMaster are attorneys with the firm _oning regulations." Instead, include an Courts are generally deferential to- of Sullivan, Workman & Dee in Los application of the facts such as"a variance wards local land use decisions so long as Angeles.Their practice focuses on land -lust be granted because the landowner there are adequate findings supporting use and eminent domain litigation.Both iould suffer a unique hardship under the those decisions. Adequate findings are are members of the California bar,and findings that clearly zoning regulations based on the fact g show that the board . are also members of the American 'stat the lot is irregularly shaped(or what- or commission considered the required Planning Association. Mr. Kovacic factors and that the en based its deci served as a planning commissioner for ver other hardship factors exist),and ap- agency the City of Arcadia,California between plication of the general zoning will not sion,in a reasoned way,on legally required 1984 and 1987,and has lectured at the allow for construction on a large enough or permissible considerations. American Planning Association's onion of the lot to make development Zoning Institute. Ms. McMaster has a -feasible." Depending on the applicable Master's in urban planningfrom UCLA, laws and regulations,findings on this issue and served as an editor of the Ecology sually must also explain how the lot re- Law Quarterly while at the University Zeiving the variance differs from other lots of California,Berkeley,Law School. that are similarly zoned. PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 ETHICS & THE PLANNING COMMISSION Are Your Procedures Fair? .... by C. Gregory Dale,AICP t is common for COmmuni- that you are even more thorough than the From your perspective,the developer— ties to encourage developers to average resident and decide to go to City has had numerous opportunities to con- Hall to review the development applica- vince staff and planning commission of the meet with staff before they file non. When you speak to staff, however, merits of its proposal,while you,and your— their application,whether it be for a zone you learn that the developer is in the pro- neighbors,have not had a chance to pro- change, planned unit development ap- cess of revising the development plans;in vide any sort of meaningful comment. proval, or subdivision approval. This other words,the plan on record is not cur- Now let's consider the situation out-— preapplication conference is intended to rent or accurate. lined above. It's understandable why a allow staff to give preliminary reactions member of the public would be upset. and guidance to the developer so that is- --•;-i., ..-, a,,* ,;`i; c_ While it may be impossible—as well as— 5 sues of concern can be taken into account. • - HE MING ~ unnecessary— to involve all potentially This step is generally followed by the for- - x:. affected parties in all meetings along the MMISSIOI HOULD BE mal application itself. Cs; _. . --- way, it is critical for a planning commis-— Many planning commissions then ENSITIVE TO THE -'` .` sioner (and planning director) to remem- schedule what are popularly known as . DIFF1COL.JOB THATber that public participation is more than "work sessions," which are informal ses- iikIRESIDENTS HAVE IN _ just something that has to be inserted at a— sions where the application is discussed particular place into the process in order RYING 4CIVE and the developer is present to answer "'' .-ry . - hu _ `' to satisfy the letter of the law. The plan- IFdMNGFUL MMENTS questions. These are usually open to the ..,-= .y,.;f..-,., ;-. _„� Hing commission should be sensitive to .p public. Based on this work session, p . 111E -: the difficult job that residents have in try-- r» changes are often made to the develop- A T ' r=4 f;; ing to give meaningful comments and pa- ..,.,ment proposal to address the concerns of ` D t:. t.. O0D ltOUPS 4- tient with the fact that neighborhood the planning commission. " it groups are often not as familiar with the-- Following this step, the formal plan- ,,. .....--g.r► .-` : "rules of the game" as are developers— ning commission hearing is held. A pre- g-. ,r ,�, •' ' THE '' ' though of course there are exceptions. sentation of the proposal is made by the - ' ' r. 6 F ME - As a planning commissioner,you have— ?-� 4 .'moi 3'.' -t 'tet, developer and the public is given an op- REbEVJ L HERS , an ethical obligation to make the process portunity to comment.Additional changes : #' - "3`f - as fair as possible to all the players. That are again made to the development plan to .- ' �> = "`v _ may mean giving more than the legal mini-— address concerns that were raised at the - mum in terms of notice. It may mean hearing.Finally,the planning commission longer meetings.But it will also mean that will make its decision or recommendation. You then attend the planning corn- residents feel they have been treated fairly— This process appears to allow for a mission public hearing. As the meeting by the planning process. reasoned and rational consideration of a unfolds, you learn that the developer has development proposal, and seems fair to not only'been meeting with the staff,but C.Gregory Dale,A1CP, has alreadyappeared before theplanningis a planner with the all parties. But is it really fair? ply planning and engineering Let us look at this process from an- commission in an informal meeting where firm of Pflum,Klausmeier a r4I'AP • other perspective. Assume that you are a no notice was given to nearby residents. Gehrum,and works in their ' . home owner in the immediate vicinity of What with the staff and the developer be- Cincinatti,Ohio office.Greg the development proposal. You are well ing on a first name basis and the planning is also a past president of the • informed on local affairs,but don't make it commission asking questions based on Ohio Chapter of the - — a habit to attend all planning commission their previous review, you get the clear American Planning Asso- meetings or regularly monitor the process. impression that you've missed something. ciation,and frequent speaker at planning and zoning One day you receive a notice of a develop- On top of that, you've had no chance to workshops. His column appears regularly in the ment proposal in your area,informing you review the current plan prior to appearing Journal. [Editor's Note:When Greg submitted this— that a public hearing has been scheduled at the hearing. All you see are drawings column,he told me it was triggered by a situation before the planning commission. Assume pulled out during the hearing. he recently encountered). PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 walking into Trouble... \ Physical Fitness: slightly,if at all,from those of previous continued from back cover Ther generations. In those years after World wheelchair,the infirm can negotiate it with War Il,"country kids"or"small town Physical fitness is scarcely an kids"—as they are now beginning to be ease. old concept. It entered American thinking called—were more or less physically fit. Property owners must now design in the Cold War era,when Eisenhower More than memory confirms this. handicapped-access parking and entrance administration officials,and almost Class pictures and family photographs — facilities knowing that far more will use immediately thereafter,President show kids lean to the point of scrawniness. the facilities than the genuinely handi- Kennedy,determined that Americans had In an age before two-car families,kids rode capped. Indeed, my observations suggest grown soft.Softness—on communism or bicycles—and not ten-speeds either- - that the handicapped entrance (and adja- the playground—might lead to the everywhere,often on unpaved roads and cent handicapped parking spaces)are now . triumph of the Soviet Union.A host of shortcuts through woods and fields. In the the most used point of entry at many sites. government-inspired efforts soon most rural and small town places,only — This area is often filled with shuttling cars, reoriented American life.Against softness, heavy rain kept kids in after school— cars temporarily abandoned by people JFK juxtaposed vigor,and vigor became a tradition dictated that mothers insist on "just running in" to some adjacent build- key term in his three-year presidency. fresh air,and the fitness-inclined federal —ing, and cars waiting for someone who is American schoolchildren learned to government merely seconded tradition. not handicapped but determined not to compete for coveted President's Council And an utter lack of after school and walk very far. patches and seals,struggling with broad weekend sports opportunities thrust kids More and more Americans no longer jumps and softball-throwing,and running into all sons of unstructured play spaces. endless races with themselves,with their care to experience space in an intimate way Despite the presence of sneakers,by —or else do so in private.Many expect to schoolmates,and with communism. midsummer usually decaying from simple —exert no effort in moving around, and wear and rot,many kids went barefoot avoid any place demanding exertion.Only Barefoot Kids part of every day,roaming in woods,on the short-sighted rejoice in the increasingly beaches,across streets,and even riding empty outer zones of national forests,sea- the spring of 19871 published an bicycles. In fact,in an era convinced of the shores,and grasslands,in the trails so be- article on"Treasured Wastes"in Places, healthful effects of sunshine and not yet reft of people. Smoothing the wilderness,— pointing out how the 1960s small-town, accustomed to domestic air-conditioning, half-suburban landscape encouraged many parents scarcely insisted on clothing, paving roads deeper and deeper into the children to modify areas long abandoned letting children roam about in brief shorts, —natural environment,getting rid of grades, byadults.Vacant lots,disused sandpits, mudholes, and other unpleasant things P swimsuits,faded jeans,and light shirts— grown-over cranberry bogs,even and in the case of boys,no shirts at all. only encourages the growing infirmity of saltmarshes,all became therovince of —Americans, and the withdrawal of physi- p At the end of the twentieth century p } kids building forts,bridges,dams,and much of this seems bizarre to almost all cally fit people into health clubs and other other more-or-less transient structures. In my students.They ask about the perverts indoor, machine-equipped places far re- emphasizing landscape modification, in the woods or driving along in cars, —moved from the 1960s ethic of vigor however,I totally ignored the obvious— about the drug dealers in the abandoned No longer is it enough for planners to the ability of the kids to swing hammers farmhouse,about the hospital waste on the simply say that "we see too few people while holding on to the white-pine limbs, beach.They ask about dense vehicular —walking downtown." The key question to lug boards across the low-tide mud,to traffic on twisting roads,about all manner concerns how many people are walking, splash through waist-deep water while of evils they know and respect—includ- period.As a larger percentage of the Ameri- pushing a log.The kids involved in ing the possibility of stepping barefoot on —can public reaches retirement age, plan- reshaping the small wildernesses differed a discarded hypodermic needle. ners will confront two groups,one arguing for places to walk and hike,and the other _demanding easy automobile access to ev- ,. John Scilgoe is the author of Borden arid. • erywhere. In the meantime,if research by Origins of the American Suburb,and other the Centers for Disease Control is any- books and articles on the American —where near accurate, American children landscape.He is the Robert b Lois Orchard jIJ ` die-' will become ever more inactive. Planning Professor of the History of Landscape at � � board members out hiking around a site Harvard University,and is currently writing _ + _ n a Saturday morning might well reflect a book on the American seacoast.The photo ,y�- - - �';;->-_ on this and ask if they are planning for is of Stilgoe,aground on the mudflats,in a � - �eople as physically fit as themselves, or boat he and his wife built. t ; �•: ;__ - �` '__AL-1.--7. -. - ice or what may be the new American popu- lation. PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 INSIGHTS Walking Into Trouble: PLANNING AND PHYSICAL UN-FITNESS one barefoot lately? Ever}' by John R. Stilgoe struggle to keep most parking spaces, within six hundred feet or so of the store planner owns a vested interest in front.Shopping mall developers learn that the question, and especially in L - t i some shoppers now shop in one end of a — the answer.Walking barefoot means more . ., � mall,then drive around to the other end, than heeding the fading echoes of a long- Agaand shop some more. Urban designers, ago Broadway musical,or aping romantic- ¶ �� = and their clients too, know that few city_ evening advertisements for Caribbean I = folk will walk more than a fifth of a mile or beach resorts. It means intimate contact - " a, • s_ =;.:_-' = so on routine errands. Nothing is new with ordinary landscape, even intimate r-: -_" -,.:L. _ __ .. 1.--- about such things, but things are chang- — contact with the wilderness of mountain -•- . - . - _•-• . _ _ . .._ > ing, and changing so rapidly and subtly meadows or sandy beaches.And it means Are these Vermont youngsters the last of a dying that even astute observers miss them. something disappearing from contempo- breed:barefoot bids? As the average age of the national rary American life.Direct physical contact of way.Contemporary American language population increases, planners confront with physical environments decreases makes difficult an immediate definition the prospect of larger and larger numbers yearly, and erodes entire sections of the simply because many defining words have of"infirm" people as clients, or certainly unseen, taken-for-granted foundations of nearly vanished. Terms like nimble, spry, as users of built projects. It is the infirm planning. Behind arguments concerning supple, lithe, and limber are remarkably who so often demand "handicapped ac- subdivision guidelines,downtown revital- absent from contemporary speech, gen- cessible"beaches,forests,and other areas, ization, ecological imperatives and other eral-interest writing, and advertising, and because they know all too well that once— important issues snuffles something the old near-synonym,able-bodied,strikes the paved path is built for the occasional equally important but often offensive,cer- many as offensive.Indeed,the entire focus continued on page 15 tainly distasteful, always unnerving to today,especially of the news media,is the — scholar and planner alike.An age wary of appearance of the body, not its capacity. unjust discrimination and unthinking of- But physical capacity is exactly what plan- p C A N N l N G Pensiveness,deals hesitantly with the ques- ners must consider. COMMISSIONERS — tion of physicality,and often prefers to ig- Even the Centers for Disease Control, nore it altogether. a federal institution increasingly worried Planners tend to be active people. about the inactivity and obesity of the OPlilla — While not necessarily athletes, nor even American public,and especially the young joggers or runners or bodybuilders,plan- public,has sounded the alarm. Heart dis- In Coming Issues». ners tend to be out-and-about, perfectly ease is now a pediatric disease,and practic •Open space zoning and its impacts able to walk over a site, to hike up and ing physicians discover every day that on development. down Main Street or all over the proposed more and more patients — children in- shopping mall or factory area. Whatever eluded—get no daily exercise. Sitting in •Subdivision regulations—key legal points to be familiar with. — differences of opinion may split their front of video screens at work and at home ranks,planners are usually physically fit. produces overweight people headed for • •Design guidelines that help people. Physically fit denotes something other significant medical trouble, as the •How to find and organize information — than handsome, voluptuous, beautiful, ma- President's Council now warns in its press you want to put in a map. cho, distinguished, and other terms defin- releases.Back problems,respiratory prob- •What you need to know about the new ing mere appearance. But physical fitness lems,leg problems,all such derive in large federal transportation law. no longer immediately indicates much to part from a lack of exercise undreamed of •Planning for bicycles — most thoughtful Americans. Often it con- in the 1960s. •And more from our regular columnists! jures up memories,sometimes unpleasant, Overweight adults will not walk far, of high school phys-ed classes and end-of- and many others choose to walk very little — year outdoor tests,and sometimes it con- either.Most planners know this,and when notes brute strength in a weight-lifting sort designing parking lots, for example, PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 . PLANNING ,.0.., i . VED Elaine on... - . C O M M I S S I O N E R 1s92 making use l -:HassE 3 More on — / .....tr - • ,.. -' Customer Service How some local Manning programs are improving • For America's Municipal&County Planning Boards customer service. 4 -. ,- _ -- _ LightingOur Streets . . _.,_-.1 - _ Pollution C.. he lighting of our streets and feel that we are in a safe, An astronomer - • UNDERSTANDING is important to every one of us. welcoming environment in and a writer rah — We should expect to walk along Iii BASICS which we can see what we want reflect on the loss the streets of our town or city "by Robot Proust '== continued on page 6 of the night sky. - - a .< 10 ■ ■ in ; �iti Ii�Ir III :� `� • j ' ii y1J4 ■ 4�;� �( "�.r' III Drafting kmd use I® fiiA ia :, & . findings. 1 I IP- Einsib 1: ....: -.() . :Th c‘i ._,:1111. .. , r . ` + . � t \„f > ` Ethics� . ,yf � � Are our -i''. - 't...-.i :Manning Mr • 0\ . lir, Vdmnission ‘`y ` zreixedures fair? i. Vis. ��., �, 144, z „ Walking into ., f s I `trouble. 416 f- '_y Jay .. .:'•ftAtili )iL--- I �; ` r, A � ' hese and --_,-4. .::•.” '` �� ` — 4inore in this . )/ - - j-:--i:4.. „.,.. -4,... .:. .-,..spii" . III .. t 141 -) �,,� II Gino e y r__ 17- _ ......_\f-. 1I - • _.-g `t,,•i, - •� ems„ ..-4:....,,.- k ....,,.:._t,-1\,•-vi.,.--- -...-.- ) l l 1�11 PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1992 `' � ; s FROM THE EDITOR FEATURES PLANNING COM M I S S I O N E R S — Lighting Our Streets I Shedding Robert Prouse ourna __ Street lighting profoundly affects how our towns and Some light cities look. Robert Prouse provides an introduction to the basics of lighting—and explains why it is important for planning commissioners to not Just Champlain Planning Press – leave it to the engineers. P.O. Box 4295 ights are all around us. At night. 1 Burlington,VT 05406 they outline our cities and towns, our Tel: 802-864-9083 neighborhoods,and—for most of us— Good Communications: Fax: 802-862-1882 our streets. Yet how many of us have re- The Key to Good Customer Service Compuserve: 72570,460 ally noticed our community's lights:what by Rai Quay the poles and fixtures look like, how the How some planning programs have found that improving communications can lead to more Editor lighting is arranged,and whether the light effective"customer service." produced is suited to our needs. All too Wayne M. Semilie 4 often,our cities and towns are overlit,re- _ suiting not only in an enormous waste of Assistant Editor Understanding Light Pollution Kenneth Lerner energy,but in atmospheric light pollution. by Das id L.Crawford Like many things about the land- Atmosphenc light pollution obscures much of the scape that surrounds us, its degradation night sky.Astronomer David Crawford explains how Design occurs so gradually that we barely notice this has happened—and suggests ways of dealing Quad Left Graphics it. We grow accustomed to the bright with the problem. Burlington, Vermont lights of the car dealerships, and to the 10 loss of a clear window to the stars. Robert Cover Illustration Prouse•s article in this issue is meant to The Death of the Night Paul Hoffman by E.Annie Proulx — provide a working understanding of some Thoughts on what the loss of the night sky means. Wiry, CT of the basics of lighting.Like most Journal 11 articles,it is intended to open the door to Subscription Information further exploration by you, as an indi- vidual and as a member of your com- D E P A R T M E N T S Published 6 times/year,with an index included in the September issue. Standard Rate: $45/ munity's planning board. year. Additional Copies: $6 each. Small com- _ Historian John Stilgoe also sheds The Effective Planning Commissioner munities(populations under 25,000),and small some light in his "Insights- column oncounties or regions(populations under 75,000) g g Visual aids can be a key part of a presentation.Yet the state of American "unfitness." Whatwe often fail to carefully plan for their use. receive 40%off the standard rate. ISSN 1058 5605. Postmaster and Subscribers: Send ad- sort of impacts does the fitness of our 3 dress changes to Planning Commissioners J our- population have on planning?Its the type nal,P.O.Box 4295,Burlington, VT 05406. of thing most of us probably haven't given Planning Law Primer much thought — yet, when you stop to Courts are increasingly scrutinizing written findings Editorial Policy think about it,the changing nature of our in local land use decisions.Attorneys Gary Kovacic g g We stronglyencourage subscribers to contrib- and Mary McMaster provide guidelines for drafting society can indeed have major conse- land use findings. we news, information, and ideas. A standard quences on how we design and use our 12 form for submissions to the News&Notes sec- environment. tion is available. Articles and columns con- V1'e'll try our best to see that the Jour- • tamed in the Journal do not necessarih reflect Ethics &The Planning Commission the views of the Journal. The Journal is copy- nal continues to illuminate issues you face Are your commission's procedures fair?Greg Dale right protected by Champlain Planning Press as a planning commissioner. explores why fairness may require more than the 1991.For permission to reproduce or distribute legal minimum. any portion of the Journal,contact the Editor. 14 This publication is designed to provide accurate _ jet-A -0. , Insights and authoritative information on the subject &flirt eol I. matter covered It is sold with the understand- ing that the publisher is not engaged in render- Historian John Stilgoe reflects on why the growing ing legal,accounting or other professional ser- — "unhtness"of Amencans is something planning board members should be concerned about. vices. If legal or other expert assistance is re Wayne M. Senrille16 quired,the services of a competent professional should be sought. PLAN N I N G COMMISSIONERS NUMBER 4 MAY /JUNE 1992 THE EFFECTIVE PLANNING COMMISSIONER — : Using Visual Aids by Elaine Cogan — i eople generally remember crowd in too many ideas.Pie charts are the presentation without it.This is much pre- 20 percent of what they hear, 30 best type of graph because they present ferred than having the audience become proportions or relationships lay people can angry or alienated when your visuals ap- percent of what they see, and 50 understand easily.Slide photos of particu- pear to be visible only to the`chosen few" ercent of what they see and hear at the lar sites can be either distracting or effec- in the first few rows. _;ame time. Planners must realize this in- tive,depending on the quality of the pho- Choose strong, generally accepted col- stinctively,as ubiquitous charts and graphs tography. ors. The best for white charts are black or ;eem to accompany most of their oral pre- dark blue;for maps,blues and greens;and ;entations. for highlights,red or orange. Graphic art- Unfortunately,use does not automati- ALL, fists are too often tempted to use trendy .fix ., :ally ensure quality. Hapless planning ,..: colors ... mauve and pink were popular —:ommissioners often are captive audiencesEMBER THAT ' =' just a while ago. Colors that have a short expected to endure their staffs'seemingly UNE'PICTURE IS WORTH : lifespan will seem unduly frivolous to endless array of boring, repetitive, or un- lk THOUSAND WORDS many citizens. You will never go wrong iecessarily complicated graphics. In my with familiar, primary colors that have NIBUT ONLY if IT IS THE ,:. previous column, I cautioned planning IGHT; IlC�UREI", `, stood the test of time and are easily under- ^ommissioners not to meddle in staff or r �. __ _, J ; ,. , :� stood.It is generally accepted,for example, nanagement affairs.But when it comes to t+�' ;',,s.;-#-----'-' that anything blue is a body of water,while visual aids, you ma • be neglecting your ' .,,. y } g g . :-;�„ _ , , ;y, green denotes trees or open space. duties if you continue to endure those that Do not neglect obvious information. ire less than adequate. Be assured that if Planners should know better, but may —you do not understand them,neither will Make each visual simple and unambigu- leave out the date or the name of the de- the public. ous. Now that computer programs can partment or bureau. Too many maps and Moreover, as a planning commis- create graphs and charts at the flick of a photographs lack a simple north arrow or —sinner you may—at times—be expected button, too many people are tempted to the designation of major streets or com- to make presentations to local organiza- use them without thinking through the munity landmarks. These are important, ions. Visuals may well enhance your message they want to convey. It is easy to not only for consistency,but also to help —speech,but again,only if they are clear and be overly ambitious and try to present too orient lay people who are not as savvy as appropriate. You have a great variety to much information. Your message should you are. :hoose from, including: chalkboards or be obvious to the reader after just a few Above all, remember that 1 picture is —vhiteboards; flipcharts; graphs; maps; seconds of scrutiny. All lists should con- worth 1,000 words,but only if it is the right overheads and transparencies; slides;and tam phrases rather than whole sentences. picture! If staff visuals are too complicated rideos. Never use overheads that contain densely or obscure, do not hesitate to ask quer- _ The following principles are a general packed text.Use familiar examples.When tions or request that they redo them.If you guide to the use of all these visual aids.You you were on vacation in Europe last year, are using visuals as part of your presenta- ire welcome to share the information with you may have taken beautiful slides that tion,be sure to follow the above guidelines _our planning director. relate to planning issues in your commu- and you will be rewarded with a receptive, No one technique fits all.Use visuals to nity.But if the audience is likely to wonder attentive audience. :nhance, not replace,your oral presenta- how you could afford such an expensive _ion. Before deciding which visual aid to trip,junk those slides for examples closer Elaine Cogan is a partner with the firm of ; ,x,14' ,i.. use,consider: the purpose of your presen- to home. Cogan Sharpe Cogan, 'ation; how many will be in the audience Be sure the size and scale can be seen by Planning and Commu- 4 F Ind their knowledge of the issue; size of everyone in the audience. Test your visual nications Crnuultants,Pon- . the room;and budget.Whatever medium in the room you will use and discard any- land, Oregon. Her column •you choose,make sure your visual is well thing that cannot be seen easily in the back appears in each issue of the '-". lone.A simple chalkboard or flipchart can row. If you find you have the wrong size Planning Commissioners _ The effective if you write boldly and do not visual for that meeting space, make your journal. PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 FEAT URL Good Communications: THE KEY TO — GOOD CUSTOMER SERVICE n my previous article for the also described the steps in the zoning re- by Ray Quay view process—from application to public — Journal ("Customer Service: hearing,and included tips on how to make What It Is&Why It's Important," presentations and effectively communicate November/December 1991, p. 5), I ex- DELIVERING DEVELOPMENT with the commission. — plained why a customer service approach INFORMATION The planning commission also con- • is as important to planning programs as itArlington, Texas, has gone beyond ducted a survey focusing on issues such as is to private businesses. One of the keyimproving how inter-departmental ser- planning commission performance and — ways of reflecting a customer service phi- vices are coordinated—it has also taken the relationship between the commission losophy is through good communicationssteps to improve access to development and the city council. The survey was sent between the planning program and itsinformation.In response to concerns from to a wide range of "clients," including — "customers." various groups and organizations about council members, applicants, planning agendas and limited access to staff, former commissioners, and citizens COORDINATING INFORMATION confusing a genwho had attended commission meetings. information regarding development issues, — Perhaps the most frustrating thing forThe survey responses provided insights the city initiated a"Neighborhood Referral a citizen to face is the bureaucraticprogram." This program is designed to into a variety of areas where communica- "shuffle"— that is, when you can neverquickly and cheaply deliver development eons had broken down or practices had — seem to find out what you need to know info tion to those who want it. caused confusion and frustration.As a re- because some other department or office isThe city maintains a list of special sult,actions—such as joint council/com- responsible. Citizens in Arlington, Texasinterest groups that are provided packets mission work sessions — were taken to (population 249,000) faced this problemof information similar to those received by help clear the air and reopen channels of — because the city's planning and buildingthe city council and planning commission. communication. services have been split between two dif- The packets are customized to the group's THE FORT WORTH TRENDICATOR — ferent departments. All too often, citizens geographic area of interest(which may be would be routed back and forth betweeng During the late 1980s, after more the whole city), and include a endas, as than ten years of steady growth, Fort departments while trying to get questions well as copies of applications and staff re- answered and obtain various a rovals. Worth, Texas found itself in the midst of — PP ports. Each group can then inform its an economic slump.Being next to Dallas, In response to complaints,Arlington members of issues of interest—and each opened a "Development Services Desk" most information about Fort Worth was pe Phas a contact within the city for asking lumped into articles and reports looking at _ providing a one-stop location for a variety questions or providing comments. The ofpermit and application needs.The desk the entire Dallas-Fort Worth metroplex. PP program has not only increased public This made it difficult to clearly identify is staffed by two people knowledgeable awareness of development issues but also about such things as buildingpermits,cer- and communicate Fort Worth's unique — g reduced the level of confrontation at pub- assets and encouraging economic trends. tificates of occupancy, zoning board of lic hearings between the development To help separate information about Fort adjustments requests, zoning change re- community and other groups. quests,and plat approvals.The staffs mis Worth, the city planning department de- — sion is to quickly meet a citizen's need. IMPROVING COMMUNICATIONS IN A veloped a monthly publication called the SMALLER COMMUNITY Trendicator.The publication was designed Applications can be filed,and immediately to keeplocal businesses abreast of eco- reviewed for completeness,preventing the A community doesn't have to be large delay of call backs for extra information.If to recognize the need for improved com- nomic trends in Fort Worth—and to be questions arise that require contact with munications.In Gilbert,Arizona(popula- used as a marketing tool to help prospects rion 29,000)communications between the understand differences between Fort another department,rather than referring Worth and Dallas.The information,much— an applicant to that department,staff will planning commission, its staff, the city council and the community seemed to be of which had not been readily available call the department while the applicant is before, was displayed in aneasy-to- read there and try to obtain the needed infor- breaking down. In an effort to deal withthis,the commission first prepared a bro- format.The Trendicator quickly proved to— mation. chure that explained its role.The brochure be very popular,and helped the planning PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1992 ARLINGTON, TEXAS aaoptea try uic ruu,.g..... ....., ��r.-... C- 1Above and The icing on the cake:a year later the plan received a national award of excellence Beyond from the American Planning Association. Occasionally,planning commissioners Resources decide to put in some extra time commit- ment beyond that expected of them—this — '� For information on the department become identified as a primary can be"customer service"at its best. programs described in the irce of economic information for Fort In the late 1980s,the Arlington article,contact: Worth (Texas) Planning Commission was Arlington Development Services Desk- working with its staff to develop a needed Leo Sims,Senior Planner,(817)459 6503 COMMUNITY FEEDBACK IN PHOENIX revision to the city's comprehensive plan. - The City of Phoenix Planning De- Alternative strategies had been prepared to Arlington Neighborhood Referral Program partment uses a variety of techniques to address the major issues,but there was still -Rose Jacobson,Director of Planning, mmunicate with and receive feedback a need for broad public discussion of the (817)459-6650 _>m the many citizens and organizations issues and alternatives.Staff had designed Gilbert Commissioners Survey-Joe that it interacts with. One technique has and was ready to embark on a series of O'Reily-Chairman,Planning and Zoning ' en to link"client"assessment of perfor- twenty community round tables.The Commission,(602)892-0800 members of the planning commission, Fort Worth Trenducuor-Dan Hardin, • ante to the evaluations of the however,felt it was important to take a department's deputy directors—each of (817)870-8038 more active role.As a result,the commis- phoenix Performance Surveys-Ron Short, horn is in charge of a major program sioners split up the responsibilities for the ea. Planning Director,(602)262-6658 round tables among themselves,with The department periodically surveys • individual commissioners serving as the , efferent clients asking them to rate the "facilitators."The commissioners then partment's performance in its various reported back the results of"their"round \VP ObSerVatlOnS programs. These assessments are then tables to the full commission. used as one factor in each deputy director'sAs Paula Hightower,a former plan On Performance rpraisal. Due to the large number and ring commissioner,put it: "The Commis- Evaluations Variety of clients surveyed, a few dis- sion realized that a comprehensive plan for Kens Lern ,Assistant Editor Qruntled clients will not have an appre- the entire city would only be a good plan if able effect on a rating, but general cus- it had support from all aspects of the While it appears the Phoenix perfor- mer satisfaction is reflected. Including community.The best way to show people mance evaluation program described by this as one factor among many does not how important the plan was and get them Ray Quay is used only as one factor in sult in budget or schedule overruns, involved was for the Commission to set an reviewing higher level management -poor quality products, or misdirected example.If we showed them that we felt it performance,I would raise a cautionary regulatory management just to make was important enough for us to take the note.My concern is that in a smaller eople "happy." Rather it rewards those time and get involved then they would feel Planning office,or for current planning mho can perform well while maintaining it was important enough for them to get whprojectbed,using fee back from etc.,clients high customer satisfaction"some Obser- o involved."The Commission's effort paid may could result in staff being influenced ations..." The surveys have also provided off:the final plan received wide spread _aluable insight into the effectiveness of community support,and was unanimously against making tough adverse recommen- dations on a project.Supervisors should be the department's programs as a whole, familiar enough with their staffs perfor- vhile helping promote a customer service mance—including how a staff planner _hilosophy among staff. Ray Quay is currently a Deputy interacts with the public and commission Director of Planning for the City of —to make reliable evaluations. SUMMING UP: Phoenix, an adjunct faculty member at Enhancing communications is the Arizona State University,and a partner of -key to good customer service, but it is a McQuay Technologies,a microcomputer two-way street.Good communications in- software consulting group. Ray is the solves both listening to what your cus- former Assistant Director of Planning for —tomers are saying, as well as providing Arlington, Texas. He is also the author (with Bruce McClendon) of Master them the information they need. Change-Winning Strategies for Effective City Planning. PLANNING— COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 Planning for ■ • . Lighting Our way between two poles—there is a pole � ' I . S Streets... contributing light from the other side of — continued from the street. When staggered, the distance Before a city or town goes to ' cover between poles on the same side of the street the expense of purchasing new lighting Itisxi."."1", can range from 100 to 150 feet(using thirty — fixtures,it may want to ask that a } . and need to see.But foot high poles).While this may convey an - working sample be installed on the street. too often we take This is often helpful because of the 1 street lighting for appealing pattern when viewed on a two difficulty of fully knowing just how any / \ granted: "It's just dimensional plan drawing, when viewed ._ from the ground in our three-dimensional particular lighting will actually look and a there;" "It's a tech- world, it usually appears as no pattern at feel.Members of a planning board,and nical issue;""Let the engineers handle it;" • all.The flanking arrangement,on the other — other interested citizens,can provide "I'm not going to get involved in that—it's hand, has an rhythm and visual logic in- valuable reactions to such mock-ups.The too complicated." planting board or department might also It is true that there are technical as- mediately apparent to the eye of a pedes- take an active role in developing an pects of street lighting in which not just trian or motorist. — overall lighting plan for the community— anyone could—or would want to—get in coordination with the public worksinvolved. But there are other aspects of • • • department.A lighting plan essentially street lighting that any thoughtful person • • — sets out the lighting system that will work can explore and make decisions about. Staggered Pattern best for each type of street in the comma- These mostly involve "feet-and-inches" nity.Lighting design consultants can help and color issues. — a community in this process. Before turning to these issues,there is • • • another reason why lighting is too impor- Glare tant to be left to the engineers alone.That — We see in several discrete steps of is because of the value of the "perceived" Flanking Pattern brightness.If we were adapted to the dollar. In public works projects, not all brightness of a sunny day,we could not dollars are created equal: some dollars From a city-wide perspective, both — see any detail if we were to peer into a carry more readily visible impact. If, for arrangements may be appropriate. One dark cave.lf,however,we were adapted instance,one million taxpayer dollars are approach is to use the pole arrangement to to the brightness of a moonlit night,and spent ripping up a street and replacing all reinforce the street "hierarchy." For ex- looked into the same cave,much more the utilities underneath,that is an undeni- ample, on the more important or heavily — detail would be visible. able public benefit.But how happy will the used streets,use the flanking arrangement, Glare is a point or field of brightness public be if the result of the considerable while on less important streets,use the less that is above the general level of bright- disruption and expenditure is a street that expensive staggered arrangement. — ness to which we are adapted at any looks the same as it did before? An im- SCALE & POLE HEIGHT moment.So if we are sitting in a dimly lit provement in a highly visible amenity like room,and someone shines a flashlight in Scale and pole height are important — the lighting system helps to foster an im- our face,we would say,"that's glare."But proved public impression of the overall issues in street lighting. Very high light if we are sitting at the beach on a sunny value of the project. poles—which allow for the distribution day,and someone shines the same There are three major "feet-and- - of light over broad areas—are most ap- — flashlight at us,we might not even notice. propriate for freeways or shopping mall Glare is a constant problem in street inches"issues to consider at the beginning parking lots.But for downtown areas,they lighting since it prevents us from seeing of any discussion about street lighting: may be a poor choice. The most familiar — dearly.We look at a street light,or an 1. Plan Arrangement: fixture — the cobra head —shines light oncoming headlight,against the backdrop Staggered or Flanking into second and third story windows.The of the black nighttime sky.They can't 2.Scale: Pole Height distribution of light from high poles is sim- — help but be a source of glare.A commu- 1 not suited for the typical downtown or nity can take steps to reduce glare by 3. Pole&Fixture Details ply town center where relatively narrow streets decreasing the number of high-intensity PLAN ARRANGEMENT are framed by building walls. fixtures,and by using better shielded _Two arrangements of street lights are In a downtown pedestrian-oriented fixtures. (Editor's Note:Take a look at commonly used: "staggered" and "flank- area,and in some residential districts,it is David Crawford's short article and the sidebar on the Pima County Lighting ing." The staggered arrangement is more often desirable to use the scale of a "post Control Ordinance on page 10 of this issue economical,since it uses fewer poles.This lantern,"rather than that of a street light.A — for more on glare). is because just at the point where there post lantern—including the pole and fix- tends to be the lowest level of light—half- ture—is ordinarily ten to fifteen feet high. PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 Ei This puts it at a pedestrian scale. A thirty fortunately,the size of many bases is often Post Lantern `)ot pole, on the other hand, is a disem- simply determined by the size required for odied presence on the street:the lighting an access panel or door, and the breadth element is way up there, and not really a needed to cover the an- r,.sT�wti,w�H ,csr ' -art of the pedestrian view. When post chor bolts. Many of the 44*".?"'1'4"r'A'> interns are used, the luminaire must be bases used today are carefully selected in order to light the city only fifteen to eighteen cin.. e„un Fly F04.91, -treet to contemporary standards which inches high. Yet bases c' G°'"'°"' all for higher light levels than in the early three to five feet in height often produce a t period of electric street lighting,when post much better overall proportion.This is es- . lanterns were more common. pecially true on a high pole, as the eye `'m1111 " d" 4 Using shorter poles generally means tends to lose interest if a shaft simply rises th' at they must be more closely spaced. A straight up for twenty-five or thirty feet.A ,N , rule-of-thumb is that a high performance more substantial base — one that has a 111 ole-mounted light has a maximum spac- presence—can counteract this. -mg of about five or six times its mounting The shaft. Materials used for shafts ii height.Thus if a light is twelve feet off the range from steel and aluminum to cast 11 round,the poles can be spread up to sixty iron, concrete, or even fiberglass. The br seventy feet apart. These are rough ap- choice is generally based on the level of proximations,and each option needs to be detail desired, the height and relative ompared with the manufacturer's data by strength needed, envi- A..rira uwr IX pots —professional lighting designer. It is also ronmental factors, and, C'44"ft‘''F 161Sj 1 1 ' important to bear in mind that as light not surprisingly, cost. Shafts come in a 11 1' xtures are placed higher and further variety of shapes: round, square, octago- i I Ji m„ _part, they require increased power to nal;with straight or tapered sides;and with achieve the same lighting level. Increased smooth or fluted profiles. In general, ` ower leads to increased glare from the straight, plain shafts are made of formed 10''0" _ght. "Glare"p.6 steel or aluminum, while shafts having 1 1 The daytime aspect of the poles and more detail (for example,a tapered shaft, -xtures should not be forgotten. A hand- with a fluted profile)are often cast alumi- _ome pedestrian num or iron. lantern, or a taller 1 The luminaire or light fixture.There are ole that is thought- ;y three basic means of controlling the direc ( illy designed, en- tion of light as it emanates from the bare '1\ riches the city. Un- bulb: reflectors,refractors,and diffusers. ,XMk r-irtunately, atten- s Reflectors are made of shiny,polished .??` on to design de- aluminum and are located above and �I Tails, especiallyhe ' `_ III around the sides of the ""J'"'�` p• i 6-om a pedestrian's lamp.They are designed II oint-of-view,is of- I E to reflect light that would otherwise go up I Ten not given much consideration. into the sky downward to the street and l ' people. A common system used in street POLE & FIXTURE DETAILS lighting is the sharp cut-off reflector, in — A street light has three essential parts: which virtually no light leaves the fixture . a lighting fixture(or luminaire),a shaft or above an angle of about 70 degrees (as , ole to support the fixture, and a base to measured from straight down). ichor the pole and house the electrical Refractors are carefully formed glass A_ ts* i necessities. or plastic devices that surround the E The base. This part of a street light bulb and whose surfaces are composed ;� , , ;; Amtn0g.M.1- , _'ryes two functions: it contains the elec- of hundreds of tiny prisms, each of 1.4 (.404J RAT:7r orge> trical connections to the power supply,and which bends the rays of light down into a n ti provides the holes or slots that are specific pattern. _ipped over.the anchor bolts in the foot- Diffusers, when used alone, provide '.,,i,r i ' ing to secure the pole to the ground. Un- continued on next page y'` 't'-"."°" PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 . Lighhtiing Lighting Our life and higher light output.Improved ver- .1e �' 10 Streets... sions of H.P.S.,with excellent color char-_ \ t 1- 'w I continued from acteristics,are arriving on the market. For local officials perhaps w previous page Low Pressure Sodium is an entirely the most important issue relating to {1 monochromatic light source,meaningthat lighting is safety. "More light means — no real control of g more safety"is a common assumption. light. They simply all of its light is of a single wavelength:an While it is,of course,true that an '� spread the glaring intense yellow hue.It reveals the world in absolutely dark environment can conceal ,'� t-t-: brightness of the shades of brown.L.P.S.is used primarily as_ dangers,and make movement dangerous bare bulb over the a security light in storage yards, or as a for both pedestrians and motorists,it larger area of the diffuser's surface. if the night light inside retail establishments. does not seem to be the case that more entire luminaire housing is a simple dif- Metal Halide lamps are probably sec- light necessarily means more safety. fuser, much of the output from the lamp and to High Pressure Sodium in terms of— When dealing with automobile goes upward. This doesn't help lighting use in street lighting. Overall, they pro- safety,the glare from street lights or streets or people and promotes atmo- duce the best color for most street lighting parking lot lights can actually make it spheric light pollution. applications.Their bright white light ren-- more difficult to see into shadowed There are many fixtures on the mar- ders most surfaces relatively well. How- areas,in between cars.One's vision can ket that use a combination of reflectors, ever, the life expectancy and output of be temporarily dazzled by looking into a refractors, and diffusers. While it is pos- metal halide lamps are not as good as H.P.S.— bright light.Also,abrupt transitions in sible for a professional lighting designer to Mercury Vapor was used extensively the overall level of brightness can be evaluate the photometric performance of a for street lighting in the 1950's,and is still dangerous for motorists. luminaire (that is, determine how much used in some smaller communities and in— In terms of safety from crime,above light will be delivered to the street sur- park lighting. It appeals to maintenance some relatively low level of light,there is face),the issue of how a fixture will look in departments because it is less expensive little evidence that simply increasing the than the other lighting sources,lasts along— the nighttime environment is somewhat amount of light deters criminals. subjective. The best way to evaluate such time, and has the simplest technology. Washing pla7ac with great amounts of ,Howeverit produces a cool,almost bluish light from large sports floodlights concerns is by seeing a working sam- mounted on tall poles or adjoining ple.J -Planning..."p.6 ' in light, that gives_ I buildings only contributes to a prison- SOURCES& COLORI ' and paving materials yard atmosphere. If anything.it adver- i � people, buildings, uses an area as a potentially threatening Color can be the most frustrating as- , -(� a blanched look._ place.To make an area feel safe, pect of street lighting for non-profession- li 1 Mercury vapor als to understand, largely because of the I> caiiii lamps also tend to consideration needs to be given to more f wide variety than just light level. Factors such as light of lighting sources being used. /in e provide noticeably— color,source brightness,glare shielding, A first step to reduce confusion is to un- , : less light as they age. fixture placement,surface finish colors derstand that there are three basic families Incandescent must also be taken into account. of lighting sources: High Intensity Dis ROB lamps are the least_ charge("H.I.D"),Incandescent and Fluores- expensive in terms of first cost. However, cent. they have the lowest efficacy, and the tet .` H.I.D. lamps are the most commonly shortest life expectancy.This makes them .--<;2:,,,t-':. r... T`-s_V',-Nto,- used source for street lighting. There are, more expensive to operate. They are used— ;'i't 'i.-'L o. ._ ':::.-..;�_ _ a .'-_ �_ in turn, four types of H.I.D. lamps: High for street lighting only in limited ways to- Pressure Sodium, Low Pressure Sodium, day: mainly in a few low-volume residen- Metal`r Halide, and Mercury Vapor. tial neighborhoods and special areas like— ,.-11r,:::.: High Pressure Sodium is used for most plazas and malls.Their appeal is that they i - .4 . city street lighting today. It produces an provide the best and most constant color '..:-.- -.. 'I't`` orange-yellow light and has good light characteristics of any electric light source:— output and lamp life ratings.While some people,special paving materials,and land- A house with "security"lighting. Light is paving materials look good under H.P.S. scaping all look natural.Improved versions splattered everywhere,and a great deal of light, others do not. H.P.S. causes people of the incandescent lam such as quartz— glare is produced. With the glare and deep g p. shadows contrasting with the bright areas, to look a bit jaundiced.Because of its lim- or halogen lamps, have somewhat higher criminals easily hide from from view! ited spectrum,greens tend to look brown- efficacy and longer life than standard in- Neighbors also hate these lights because they ish—a drawback in lighting nicely land- candescent. — "trespass"on other people's property. From scaped areas or trees with H.P.S.But public Fluorescent lamps are not widely used Light Pollution:Problems and Solutions (Intl agencies often favor it because of its longer in street lighting today. Long fluorescent Dark Sky Ass'n 1990). PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1992 \� Light Pollution Outdoor light should be concentrated where the people are and where they want Most of what we call sky the light to see by."From Lynch's,Site — A glow,or light pollution, Planning 2nd Ed. (MIT Press 1971). comes from poorly shielded street and parking lot lights.The direction that light A Lighting ---t• emanates from a fixture is listed relative to �Giossary r • nadir,or straight down,which is always a,..,•. � considered 0 degrees.Any significant Average rated life is the term amount of light exiting a fixture above 90 applied to how long a lamp will last—on degrees does not help light streets or average. •X't people (though in some situations it may Efficacy is a measure of how efficiently il 0 MR11 �„ be useful for lighting trees). It does, a lamp converts electrical energy into light; '� •+,, ` , however,cause the atmosphere above our the units are in"lumens per watt." r*- ,-` - cities to glow—and prevents us from Efficiency is the percentage rating of a seeing the stars. Since it is wasted light,it luminaire that indicates what part of the • • is also wasted energy. bare lamp's lumens leave the luminaire in Battery Park,New York City Many modern lighting fixtures emit any direction. their greatest amount of light at about 70 Lamp is the term a lighting designer _very high output" tubes were used for degrees,which works out well for the uses for a light bulb. street lighting when the only viable com- typical spacing of light poles.In a well- Lumens is the unit of measure of the ietition was mercury vapor,but such sys- designed fixture,the amount of light total amount of light produced by a lamp. ems are rare today.New compact fluores- emitted in the zone between 70 degrees Luminaire is a lighting fixture assem- cent lamps,however,are now widely used and 90 degrees falls off rapidly,so that bly,made up of the lamp,reflector, • 'n interior lighting, and are starting to be virtually no light goes up into the sky. refractor,and housing. onsidered for low-scale exterior lighting. In areas near astronomical observato- ries,one needs to plan with special care. Resources ctant color characteristics and a relatively07111:111Not only is upward directed light damag- in to observation,but the spectral The International Association ung life. g of Lighting Desi ers will composition of the light is critical.Some g g gn SUMMING UP: stray electric light can be filtered out by provide references for people or institu- tions needing independent lighting design Lighting has a significant impact on consulting.For information,contact them sur cities and towns. By night it allows us used,say mercury vapor,filtering them out also filters out much of what they're at: 18 East 16th Street,New York,NY to see every component of our streetscape10003; (212)206-1281. nd the people in it.By day,light poles and trying to see in the sky.Astronomers have the least problem with low pressure The other major organization in the _xtures are a visible presence along our field of lighting,The IlluminatingEn streets.Analyze proposed lighting in terms sodium,but use of that source has g g, gi problems for people and landscape,since veering Society of North America,stresses f plan arrangement; scale and height; it renders everything in shades of brown. lighting education and the development of _ase, shaft and luminaire character; and (Editor's Note:Light pollution poses the technical guidelines.It publishes the IES light color.Think about what you like and type of problem that county or regional Lighting Handbook—the lighting 'on't like in other communities' lighting planning commissions may be especially professionals' "bible." _'stems.The lighting of our streets doesn't well-suited to deal with since it clearly cuts The IES is located at:345 East 47th have to be bland by day and glaring by across—or rather"over"—municipal Street,New York,NY 10017;(212) 705- -'slit. 05--'.ght. borders. For more on light pollution,see 7926. — Robert Prouse is a partner with the firm of H. pages 10-11 of this issue.) • M.Brandston&Partners,Inc. in Neu York City, id is a member of the International Association of Darkness & Light ghting Designers and the Illuminating Engineering •••••-•%.,--,, Kevin Lynch,one of America's most cqciety. Since 1979 Mr_ thoughtful city planners,observed that: Ouse has also been on the "Darkness is a necessary foil for the play of 7tculty of the Parsons School light,as silence is for sound.Outdoor of Design,where he teaches lighting has generally been guided by one the Lighting Design simple rule:as even and as high a level of r_ogram. ;_ { illumination as possible over every square inch.The result has been ghastly... • PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 FEATURE Understanding Light Pollution by David L. Crawford PIMA Cotmn,ARIZONA, ;-.ight pollution is not a matter dark skies, but they also enhance energy_ 01111111i(Light Pollution of h e and death.Yet it is important efficiency. CodeOn an individual level, people can nonetheless, profoundly so. We help reduce sky glow by using night light- 'Purpose...It is the intent of this code human beings lose something of ourselves ing only when necessary, choosing well to encourage,through regulation of types, when we can no longer look up and see shielded fixtures and turning off lights kinds,construction,installation,and uses our place in the universe. It is like never when they are not needed. of outdoor electrically powered illuminat- again hearing the laughter of children;we The stars above us are a priceless heri-- ing devices,lighting practices and systems give up part of what we are. tage—not only for scientific knowledge, which will reduce light pollution and Such a loss might be acceptable if light but also for our identity as human beings. conserve energy while increasing night- pollution were the inevitable price of — time safety,utility,security,and produc- progress, but it's not. Most sky glow, as David L.Crawford,an astronomer at the Kitt tivity.* Peak National Observatory in Tucson,Arizona,is scientists call it,is unnecessary. The light also executive director of the International Dark- The Pima County ordinance requires that obscures our view of the night sky — subdivision applications to indicate the Sky Association. comes mainly from inefficient lighting proposed location and type of illuminat- sources that do little to increase nighttime ing devices to be used,as well as data safety,utility or security. It produces only _ (from the fixture manufacturer)showing glare and clutter, costing more than $1 the angle of light emissions.The ordi- .- - nance also,among other things:prohibits billion annually in wasted energy in the the new installation of mercury vapor United States alone. • — lamps;requires the shielding of many For science,the impact has been even - - ' . • , .. kinds of outdoor lighting fixtures;and more tangible and adverse. Astronomers •- _ - prohibits,in certain areas,the illumina- require observations of extremely faint - - . — • non of outdoor advertising signs and objects that can be made only with large . recreational facilities after 11 pm. telescopes at sites free of air pollution and -_ Copies of the ordinance,as well as urban sky glow. Our experience over the - _ information sheets on various aspects of past two decades has shown that space- . - • Y' light pollution,are available from the based astronomy, far from reducing the . . International Dark-Sky Association (IDA), need for ground-based observations,acts- ,, - - 3545 N.Stewart Ave., Tucson,AZ 85716. ally increases the demand for these facili- ties. -4_„„,..-.•-..• Billboards Reducinglightpollution requires that - 8 qitk� � � public officials and ordinary citizens be _ . -�" _ � " — t ,•, ;_ A typical culverts- , .�, .4 t..c»„ • -- aware of the problem and act to counter it. • ing billboard,seen . .., rte" ,. -1 • r'^' from the side. Low-pressure sodium lights,for example, : ' �*' � .. ....-z---.."` While some of light can replace existing fixtures for most .,,,'•1*-', :. ��s k=;,/,!... ,,,,-,_-.1",-,::- .• — from the fixture streets, parking lots, and other locations. -'=.p .,,t s 1, gets onto the board, They reduce glare and save money. rr L¢ `; '` "` most goes into the : _ Another fairly painless way to reduce k _- — sky and is wasted. ,• sr What can be light pollution is with outdoor lighting K _ ,. t;Y y to improve this control ordinances, over fifty of which . f :7•......,1 kind of lighting?First,the fixtures can be have been enacted throughout Arizona and �--; mounted above the board so they shine down. in several key cities and counties in Cali- •r st.Second more efficient fixtures can be used. :r I fornia and Hawaii. Light Pollution Codes' Third,the lights can be time controlled so These measurestypically- require comms The night sky seen from an urban area. View of they go off late at night. From Light q part of the constellation Scorpius,taken in Pollution:Problems and Solutions (Interna- nines to prohibit inefficient, low-qualivAugust 1988 from Arlington,Virginia, looking tional Dark-Sky Association 1990) lighting. Not only do they help preserve south (five-second exposure). PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 FEATURE - The Death of the Night — by E.Annie Proulx have the habit of looking up At night I lie on the hillside to watch —at hawks and clouds and stars. On meteor showers. Sometimes I can see the SNANARSAWIIIMMAA.,; northern lights,writhing streams of color . clear �_= clear nights 1 like to walk outside in the upper atmosphere,agitated by solar _1:-...A. ' AC ARD `- ` .: ny house in central Vermont and be lifted winds. They look like a million miles of 'ONOMER WHOSE '-into the vast wheel of the glittering sky.As melting ribbon candy,or the brilliant curv- ` MOBSERVATORY",�.,. a child I learned to search first for the Big ing edge of tide on black sand. -1WAS RENDERED USELESS dipper and then, following its pointerA few months ago I drove north from `- -stars, to find Polaris, the locus for sky- Boston to Vermont. It was a clear night, MIRY THE GLARING IrARD ` watching in New England.The easiest con- and in an earlier year I could have seen the -1GHT OF AN UN- - ,tellation to detect was Orion and his -stars or an auroral display through a clean ir f II PERATIVE NEIGHBOR -Lough dog, with its studded collar and windshield. Not this time. All the way, • NT TO COURT?0..,-;-= ,; opeye. That eye is Sinus, a star that is until I was twenty miles from home, the AKE BACK WE"SKY. 'z- wenty times brighter than the sun though sky was obscured by the orange smear of ,, b- , -,ar more distant. - E WON. 7'4:4.,t�, sodium vapor lights along streets and ,, , y -- ." • roads,emanating from parking lots,shop- ,, ,« •• , .-.f- ' , ._. ., -, - .. ping malls,and fast-food parlors.When at •� ... rags°i+ ' 4._ ..Ez,',z . • •- 374°4‘14. ` ' -�-4.i( last I turned onto the dirt road to home,I _ s expected darkness.But here too the night It takes a sort of visual patience to get ...:',...4: - . - Y was stained with light. to know the night.These days I'm remem- ` a'- ' A few decades ago most parking lots bering,rather than seeing, such phenom- "-• •• ." ,. and streets were lit by shielded incandes- ena as gegenschein,or counterglow. This -.• . _ cent lights, and later by mercury vapor is a delicate pale glow like a glass saucer in -t' «' ' "`:- � lights whose cold rays made everyone look the dome of the sky around midnight, a qtr., �_ 's `•. r_• like vampires. Mercury vapor radiation caused by reflected light from the sun, --•i •_ -' was concentrated into relatively few spec- which,at the moment,stands exactly op- • _ •,...'._ ••,'' '._ -" -.i ¢ e , tral lines,and the spread of their light was posite,on the other side of the earth.The _ ,�, .; limited. But sports stadium lights, bill- zodiacal light appears before dawn and af- ` " '`�`' board lights, and backyard floodlights— ter dusk, a cone of luminance emanating ,-;••,..).t.-•;:•,-„,4.,, *..-� ,,, - all glowing with high-pressure sodium that from the unseen sun below the horizon ' : �f;. .- ---..r• i emits a continuous spectrum of radiation and disappearing into the zenith. Neither " r •_ �t7 � —now destroy the darkness in broad and gegenschein nor zodiacal light can be seen ' el ,•t- , devastating ways: poorly designed shields in light polluted skies. : . •s �, allow their light to shoot upward and side- Our children are growing up blind to ` I. . x , , - ways. the sky,the first generation not to know its • _----- light pollution is endemic all over the extraordinary beauty. It is a bitter loss. ,, , earth,and every observatory on the globe r "` E. Annie Proulx lives in the small town of . :- , ....,,,.,-;.--1...---;1!: suffers from it.A few places near observa- 1- - • Vershire, Vermont. She is an author,whose most 1.� "7 " a„• tories—San Diego County,Tucson,Phoe- recent work is Postcards, published by Charles - `£r Y-� . .tita nix,and Flagstaff—have enacted lighting Scribner's Sons.Her thoughts on the night sky were • - C-, :.` , -4ordinances to solve the problem. In War- first published in The New England Monthly,and Jr , ? .,1 ' '' • ,`' saw, Indiana, a backyard astronomer are excerpted here with her permission. '� - whose small observatory was rendered view of the same portion of the ski,but taken useless by the glaring yard light of an un- rom a darker site,near Kitt Peak,Arizona.In -.his location,many more stars,as well as the cooperative neighbor went to court to take Milky Way,are visible. back the sky. He won. — PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1992 r L A 1N 1i 1 .r+ l7 L t1 Vv r It 1 1v1 L 1' Drafting Land Use Findings - by Gary A. Kovacic,Esq.,and Mary L. McMaster,Esq. tole hree recent trends are become more knowledgeable of the legal that each piece of evidence and each logi- grea y increasing the importance requirements involved in land use deci- cal link has been articulated in the find-- sion making, they become increasingly ings. of findings in land use decision able to identify and make use of land use 2.Whenever a land use decision involves making. The first of these trends is in- findings (or the absence of them) to sup- a condition,make sure there is a clear logical— creased judicial scrutiny of land use deci- port their positions,and to judicially chal- link articulated between the condition being Bions. The United States Supreme Court lenge those local decisions. imposed and the impacts of the project.A key decision in Nollan v.The California Coastal The following guidelines are intended factor in the Nollan decision was the Su-— Commission, which largely turned on the to help local decision makers draft find- preme Court's inability to see the"nexus" Court's inability to see an asserted connec- ings that will survive a court challenge. or link that the California Coastal Com- tion between a required condition and a The emphasis is on how to avoid making mission asserted existed between the con-— proposed project, illustrates the key role some common mistakes. dition that was being imposed upon the that findings can play:e0 Nonan...- property owner and the environmental The second trend leading to the in- •',-".4c . ;sf-',<,..•:_:'1.-. 1:44':,::,— impacts of the project. Findings should— creased importance of findings is the ex- - 11IJGFS WILL RIOTT r clearly articulate the connection between panding number and variety of factors that MAYS LIVE THE -. the burdens of a project and the conditions can, and sometimes must, be taken into y. - • .`• _'•: " being iimposed. account in land use decision making. MMISSION'MEMBERS :`_;, — 3Many courts and legislatures across the NEiENEFITOF THE = n If a project has been modified since findings for it were written, make sure that country are acknowledging and requiring )OUBTTID UDGESARL � � - the modifications will not necessitate new or_ considerationof a variety of impacts cre- - �,� zENERA`LLY Nei._._'_s•... revised findings.This issue comes up most ated by local land use decisions. Impacts - -, related to such concerns as regional hous- ,k PATHETIC' MEN:=' frequently in states with environmental in availability, habitat, and aes- E SIONS'ARE ' 7-:'7'1-_-.4.,._j review requirements. Modifications may_g - be required of a project to mitigate envi- thetics,which in the past were not consid- ';t'�. � � moth- ered important in local land use decision"'_ _,.:111. BiGifOU$.ORS` .} ronmental impacts.However,those NCOMPREHENSIBLE. i fications themselves may create new im- making,are becoming increasingly signifi- � . .,, — • o; . �a pacts. Although a new environmental cant considerations. ; * , ,,,� ' review may not be required, the corn- This trend can create two types of y - mission's actions may be strengthened by problems for local planning officials.Offi- — cials may fail to take into account factors 1. State all assumptions. One of the the addition of a new finding on the new or that, in the past,were not important,but easiest"findings pitfalls"for local planning modified impact. Then, if the decision is that now must be considered and dis- officials to fall into is to rely on unstated judicially challenged,there will be a record cussed in their findings.Alternatively,offs- assumptions or to forget to articulate all of of the commission's consideration of that— im cials can be led astray by the large number the logical links in the decision making pact. Developer initiated modifications of impacts potentially involved in their process. For example, every member of a also can call for new findings where they decision. This may cause them to neglect planning commission may know that the change existing impacts or create new" to specify in their findings that their deci- existing traffic on a particular road is bad, ones. sion was based on the legally required con- and will be made worse by a proposed When significant changes to a project siderations—not on the myriad of other development.However,if that observation are made after findings have been drafted,— possibly relevant,but not legally sufficient, is not explicitly stated in the commission's it's a good idea for the commission or board factors that may have been discussed in written decision,it will not be considered to step back and determine whether there is the hearing on the case. by a court reviewing the decision.For par- a need for additional findings, or revi-- Increased community sophistication ticularly complex decisions,it may be help Bions to existing findings. is the third trend that makes the drafting of ful for one of the commissioners,or a staff 4. Use statutory requirements as guide- good findings more important than ever member, to chart out the logic of the lines for your findings. If a state statute or— before. As various groups and individuals commission's decision and to make sure local code or regulation requires specific PLANNING — COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 \eThe Nollan Case In Nollan v. California Coastal Commission,483 U. S.825(1987),the Nollans sought a permit from the California Coastal Com- - mission to tear down their beachfront endings to support a local land use deci- 6.Put your findings in clear and under- bungalow and replace it with a larger ion,make sure your findings meet those standable language. Although judges are home.The Commission conditioned requirements. Check the applicable stat- usually more tolerant of "legalese" than approval of the Nollan's plans on a grant of a public easement across their prop- "le or regulation to confirm that all neces- they are of "plannerese," they generally , The United States Supreme Court ary considerations are addressed both at prefer simple English. It is true that find- struck down the easement requirement 'The hearing,and in your findings. ings often need to incorporate some statu- on the grounds that there was not a Requirements for findings on newly tory language as discussed above. How- ' sufficient"nexus,"or connection,be- merging topics such as regional impacts ever,the language describing the decision _ tween the easement requirement and the "nd new environmental considerations are making process should be clear enough ' actual impacts of the project the Nollans frequently coming into existence.Your le- that the assumptions and the steps in- _ were proposing.The Nollan decision ;al counsel or planning staff member volved can be easily understood and fol- reinforces the importance in the local 'should monitor those developments and lowed.If findings are too obscure to follow land use decision of findings which keep you informed of them. they may not provide the logical support clearly explain the relationship between 5.Avoid findings that merely restate the required.Judges will not always give the , the proposed development and any Taw. Although it is important to specifi- commission members the benefit of the conditions being imposed. cally base findings on statutory provisions, doubt, and judges are generally not sym- ou must do more than merely restate pathetic when decisions are ambiguous or Findings in Sanskrit: -Those provisions.Another easy trap to fall incomprehensible."Findings...- Avoid the mistake made by the into is to simply quote the language from 7. Suspect Classes. Land use appeals drafters of findings supporting an order he relevant statute and state that the con- sometimes allege that a particular class of of the Interstate Commerce Commission -eiitions of that statute have, or have not, people has been discriminated against in of which Supreme Court Justice Black been met without actually applying the the challenged land use decision. Local wrote: "I am compelled to say that the pecific facts of the decision to that statute agencies should carefully prepare deci- Commission could have informed me .....r regulation. Yet, one of the key factors sions that may be challenged as discrimi- just as well if it had written its so-called that a court reviewing a land use decision natory—and discuss the decision before it findings in ancient Sanskrit."Dissenting, All look for is a reasoned application of is adopted with their municipal or county in Chicago&E.I.RR v. United States, ....he applicable statute or regulation to the attorney. The findings supporting a deci- (1963)375 U.S. 150,154. specific facts of the case before it. sion upon which this allegation may be For example, don't drafting findings made, should make it clear that the deci- _hat simply state that: "a variance should sion was not based on race or class. be granted because the landowner wouldGary A. Kovacic and Mary L. uffer a unique hardship under the general SUMMING UP: ey firm are attorneys with the _oning regulations." Instead, include an Courts are generally deferential to- of Sullivan, Workman & Dee in Los application of the facts such as"a variance wards local land use decisions so long as Angeles.Their practice focuses on land lust be granted because the landowner there are adequate findings supporting use and eminent domain litigation.Both /mild suffer a unique hardship under the those decisions. Adequate findings are are members of the California bar,and general zoning regulations based on the fact findings that clearly show that the board . are also members of the American or commission thesired Planning Association. Mr. Kovacic 'hat the lot is irregularly shaped (or what- considered required served as a planning commissioner for ver other hardship factors exist),and ap- factors and that the agency based its deci- the City of Arcadia,California between plication of the general zoning will not sion,in a reasoned way,on legally required 1984 and 1987,and has lectured at the "llow for construction on a large enough or permissible considerations. American Planning Association's ortion of the lot to make development Zoning Institute. Ms. McMaster has a Teasible." Depending on the applicable Master's in urban planning from UCLA, laws and regulations,findings on this issue and served as an editor of the Ecology sually must also explain how the lot re- Law Quarterly while at the University Zeiving the variance differs from other lots of California,Berkeley,Law School. that are similarly zoned. — PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 ETHICS & THE PLANNING COMMISSION Are Your Procedures Fair? by C. Gregory Dale,AICP t is common for communi- that you are even more thorough than the From your perspective,the developer,_ average resident and decide to go to City has had numerous opportunities to con- ties to encourage developers to Hall to review the development applica- vince staff and planning commission of the meet with staff f before they file non. When you speak to staff, however, merits of its proposal,while you,and your— their application,whether it be for a zone you learn that the developer is in the pro- neighbors, have not had a chance to pro- change, planned unit development ap- cess of revising the development plans;in vide any sort of meaningful comment. proval, or subdivision approval. This other words,the plan on record is not cur- Now let's consider the situation out- preapplication — conference is intended to rent or accurate. lined above. It's understandable why a allow staff to give preliminary reactions member of the public would be upset. and guidance to the developer so that is- --.. :._. ,.--, While it may be impossible—as well as sues of concern can be taken into account. - : 1. HE NG _.. - unnecessary— to involve all potentially— This step is generally followed by the for- _--,..7,-2 .MISSION SHOULD Bei;:::. affected parties in all meetings along the mal Manyappcation lf commissions then ENSITIVE TO THE way, it is critical for a planning commis- _.. - _ - , sioner (and planning director) to remem- schedule what are popularly known as 0 IFFICIJLTJOB THAT ber that public participation is more than "work sessions," which are informal ses- 'FSIDENTS'IiAVE IN just something that has to be inserted at a sions where thea application is discussed PP *` particular place into the process in order-- �nlvc�o WE and the developer is present to answer ``. `. • .•r:; -;' - ... to satisfy the letter of the law. The plan- questions. These are usually open to the IEANI•N riR- OMMEN?S .K ning commission should be sensitive to public. Based on this work session, 11D.PA_TIENT&'Ili THE'r the difficult job that residents have in try-— changes are often made to the develop- - A ,I1-1AT "" ��.� - . _,;�, `',� ing to give meaningful comments and pa- ment proposal to address the concerns of tient with the fact that neighborhood i OO_ UPS -,,_ g the planning commission. ° groups are often not as familiar with the— FUTlS. Following this step, the formal plan- -•w .•.y "rules of the game" as are developers — ning commission hearing is held. A pre- �. WJTH THE, though of course there are exceptions. sensation of the proposal is made by the UIS HE E As a planning commissioner,you have_ develo rand thepublic isgiven an op- err-4 .v.,-(6.461:7,-- - `Ain -- Pe swamp,ERS, an ethical obligation to make the process portunity to comment.Additional changes '` ". F ; - , as fair as possible to all the players. That are again made to the development plan to - - ;a Ni �, may mean giving more than the legal mini-— address concerns that were raised at the 1 • mum in terms of notice. It may mean hearing.Finally,the planning commission longer meetings.But it will also mean that will make its decision or recommendation. You then attend the planning corn- residents feel they have been treated fairly— This process appears to allow for a mission public hearing. As the meeting by the planning process. reasoned and rational consideration of a unfolds,you learn that the developer has development proposal, and seems fair to not only been meeting with the staff, but C.Gregory Dale,AICP, is a planner with the — all parties.But is it really fair? has already appeared before the planning planning and engineering Let us look at thisrocess from an- commission in an informal meeting where P firm of Pf lum,Klausmeier fy other perspective. Assume that you are a no notice was given to nearby residents. Gehrum,and works in their r _ r ,, home owner in the immediate vicinity of What with the staff and the developer be- Cincinatti,Ohio office.Greg • " the development proposal. You are well ing on a first name basis and the planning is also a past president of the informed on local affairs,but don't make it commission asking questions based on Ohio Chapter of the a habit to attend all planning commission their previous review, you get the clear American Planning Asso- — meetings or regularly monitor the process. impression that you've missed something. ciation,andfrequent speaker at planning and zoning One day you receive a notice of a develop- On top of that, you've had no chance to workshops. His column appears regularly in the ment proposal in your area,informing you review the current plan prior to appearing Journal. (Editor's Note:When Greg submitted this— that a public hearing has been scheduled at the hearing. All you see are drawings column,he told me it was triggered by a situation pulled out during g�the hearin he recently encountered). before the planning commission.Assume PLANNING COMMISSIONERSJOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 s *Taming Into Trouble... \ rnysicai Fitness: slightly,if at all,from those of previous continued from back cover The r60 generations. In those years after World War II,"country kids"or wheelchair,the infirm can negotiate it with "small town Physical fitness is scarcely an kids"—as they are now beginning to be — ease. old concept. It entered American thinking called—were more or less physically fit. Property owners must now design in the Cold War era,when Eisenhower More than memory confirms this. handicapped-access parking and entrance administration officials,and almost Clacs pictures and family photographs — facilities knowing that far more will use immediately thereafter,President show kids lean to the point of scrawniness. the facilities than the genuinely handi- Kennedy,determined that Americans had In an age before two-car families,kids rode capped. Indeed, my observations suggest grown soft. Softness—on communism or bicycles—and not ten-speeds either- - that the handicapped entrance (and adja- the playground—might lead to the everywhere,often on unpaved roads and cent handicapped parking spaces)are now . triumph of the Soviet Union.A host of shortcuts through woods and fields.In the the most used point of entry at many sites. government-inspired efforts soon most rural and small town places,only _ This area is often filled with shuttling cars, reoriented American life.Against softness, heavy rain kept kids in after school— cars temporarily abandoned by people JFK juxtaposed vigor,and vigor became a tradition dictated that mothers insist on "just running in" to some adjacent build- key term in his three-year presidency. fresh air,and the fitness-inclined federal _ ing,and cars waiting for someone who is American schoolchildren learned to government merely seconded tradition. not handicapped but determined not to compete for coveted President's Council And an utter lack of after school and walk very far. patches and seals,struggling with broad weekend sports opportunities thrust kids More and more Americans no longer jumps and softball-throwing,and running into all sorts of unstructured play spaces. - care to experience space in an intimate way endless races witthemselves,wrth their Despite the presence of sneakers,by —or else do so in private.Many expect to schoolmates,and with communism. midsummer usually decaying from simple exert no effort in moving around, and wear and rot,many kids went barefoot — avoid any place demanding exertion.Only Barefoot Kids part of every day,roaming in woods,on the short-sighted rejoice in the increasingly beaches,across streets,and even riding empty outer zones of national forests,sea- In the•spring of 1987 I published an bicycles. In fact,in an era convinced of the — shores,and grasslands,in the trails so be- article on "Treasured Wastes"in Places, healthful effects of sunshine and not yet reft of people. Smoothing the wilderness, pointing out how the 1960s small-town, accustomed to domestic air-conditioning, half-suburban landscape encouraged many parents scarcely insisted on clothing, paving roads deeper and deeper into the children to modify areas long abandoned letting children roam about in brief shorts, '"natural environment,getting rid of grades, by adults.Vacant lots,disused sandpits, swimsuits,faded jeans,and light shirts— mudholes, and other unpleasant things grown-over cranberry bogs,even and in the case of boys,no shirts at all. only encourages the growing infirmity of saltmarshes all became the province of At the end of the twentieth century —Americans, and the withdrawal of physi- kids building forts,bridges,dams,and much of this seems bizarre to almost all tally fit people into health clubs and other other more-or-less transient structures. In my students.They ask about the perverts indoor, machine-equipped places far re- emphasizing landscape modification, in the woods or driving along in cars, —moved from the 1960s ethic of vigorS) however,I totally ignored the obvious— about the drug dealers in the abandoned No longer is it enough for planners to the ability of the kids to swing hammers farmhouse,about the hospital waste on the simply say that "we see too few people while holding on to the white-pine limbs, beach.They ask about dense vehicular —walking downtown." The key question to lug boards across the low-tide mud,to traffic on twisting roads,about all manner concerns how many people are walking, splash through waist-deep water while of evils they know and respect—includ- period.As a larger percentage of the Amen- pushing a log.The kids involved in ing the possibility of stepping barefoot on _can public reaches retirement age, plan- reshaping the small wildernesses differed a discarded hypodermic needle. ners will confront two groups,one arguing for places to walk and hike,and the other _demanding easy automobile access to ev- 00. John Stilgoeisthe authorofBorderland: • erywhere. In the meantime,if research by Origins of the American Suburb,and other the Centers for Disease Control is any- books and articles on the American —where near accurate, American children landscape.He is the Robert&Lois Orchard11111111111 will become ever more inactive. Planning Professor of the History of Landscape at _,rte board members out hiking around a site Harvard University,and is currently writing '; r• —'' ^ � T on a Saturday morning might well reflect a book on the American seacoast.The photo "3". 'f-'1-•-_,_ _ _ �' • 1`,: on this and ask if they are planning for is of Stilgoe,aground on the mudflats, in a -_ - boat he and his wife built. t `` _ _ people as physically fit as themselves, or _ for what may be the new American popu- lation. PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 INSIGHTS Walking Into Trouble: PLANNING AND PHYSICAL UN-FITNESS one barefoot lately? Every by john R.Stilgoe struggle to keep most parking spaces -- planner owns a vested interest in r within six hundred feet or so of the store w front.Shopping mall developers learn that the question, and especially in 41.- 5 ;' some shoppers now shop in one end of a — the answer.Walking barefoot means more _ ��: 0 ;• mall,then drive around to the other end, than heeding the fading echoes of a long- iIr and shop some more. Urban designers, ago Broadway musical,or aping romattic- S...4� _ and their clients too, know that few city _ evening advertisements for Caribbean i j 1 .. ` . - folk will walk more than a fifth of a mile or beach resorts. It means intimate contact +' - I -f- i so on routine errands. Nothing is new with ordinary landscape, even intimate _" -. ,- about such things, but things are chang- e — contact with the wilderness of mountain i--- . - -. _. . _ : ___ > ing, and changing so rapidly and subtly meadows or sandy beaches.And it means Are these Vermont youngsters the last of a dying that even astute observers miss them. something disappearing from contempo- breed:barefoot kids? As the average age of the national rary American life.Direct physical contact of way.Contemporary American language population increases, planners confront — with physical environments decreases makes difficult an immediate definition the prospect of larger and larger numbers yearly, and erodes entire sections of the simply because many defining words have of"infirm" people as clients, or certainly unseen, taken-for-granted foundations of nearly vanished. Terms like nimble, spry, as users of built projects. It is the infirm— planning. Behind arguments concerning supple, lithe, and limber are remarkably who so often demand "handicapped ac- subdivision guidelines,downtown revital- absent from contemporary speech, gen- cessible"beaches,forests,and other areas, ization, ecological imperatives and other eral-interest writing,and advertising,and because they know all too well that once — important issues snuffles something the old near-synonym,able-bodied,strikes the paved path is built for the occasional equally important but often offensive,cer- many as offensive.Indeed,the entire focus continued on page 15 tainly distasteful, always unnerving to today,especially of the news media,is the — scholar and planner alike.An age wary of appearance of the body, not its capacity. unjust discrimination and unthinking of- But physical capacity is exactly what plan- p L A N N t N G fensiveness,deals hesitantly with the ques- ners must consider. — C' O M M ! 5 5 1 0 N E R 5 tion of physicality,and often prefers to ig- Even the Centers for Disease Control, I nore it altogether. a federal institution increasingly worried Duma Planners tend to be active people. about the inactivity and obesity of the __ While not necessarily athletes, nor even American public,and especially the young joggers or runners or bodybuilders,plan- public,has sounded the alarm. Heart dis- In Coming Issues_„ ners tend to be out-and-about, perfectly ease is now a pediatric disease,and practic- — able to walk over a site, to hike up and ing physicians discover every daythat •Open space zoning and its impacts on development. down Main Street or all over the proposed more and more patients — children in- shopping mall or factory area. Whatever cluded—get no daily exercise. Sitting in •Subdivision regulations—key legal points to be familiar with. — differences of opinion may split their front of video screens at work and at home ranks,planners are usually physically fit. produces overweight people headed for •Design guidelines that help people. Physically fit denotes something other significant medical trouble, as the •How to find and organize information than handsome, voluptuous, beautiful, ma- President's Council now warns in its press you want to put in a map. cho, distinguished, and other terms defin- releases.Back problems,respiratory'prob- •What you need to know about the new ing mere appearance. But physical fitness lems,leg problems,all such derive in large federal transportation law. no longer immediately indicates much to part from a lack of exercise undreamed of • Planning for bicycles — most thoughtful Americans. Often it con- in the 1960s. •And more from our regular columnists! jures up memories,sometimes unpleasant, Overweight adults will not walk far, of high school phys-ed classes and end-of- and many others choose to walk very little — year outdoor tests,and sometimes it con- either.Most planners know this,and when notes brute strength in a weight-lifting sort designing parking lots, for example, PLANNING COMMISSIONERS JOURNAL NUMBER 4 MAY /JUNE 1 9 9 2 camiros SPRING 1992 Consultants in Planning,Zoning, Development Economics,and Landscape Architecture VISIONS FOR THE 90's Runaway development. Rampant speculation. Short- term gain at the expense of long-term growth.Wealth and glamor, poverty and homelessness.The Roaring In this issue... Twenties? Or the Go-Go Eighties? The economic"feeding frenzy"of the Eighties didn't end with a New Airport Takes crash, but most experts believe the Nineties will be a decade of p slow,cautious growth and high uncertainty.Events ranging from Flight . . . Page 3 corporate restructuring to agricultural depression have battered local and state governments across the country.And despite the Camiros Goes East resources poured into economic development and community – redevelopment,many places are no better off than they were ten in Staff News . . . Page 4 years ago. This is not to say that the Nineties lack for opportunities. But A Rose is a Rose good planning will be more critical than ever as we struggle is a . . . City? . . . Page 6 through the new environment. - Economic Restructuring More and more communities are seeking visions of the future • Other companies have been taken over by foreign con- - that reflect key impacts of the 80's: glomerates.The communities in which these companies are (were) located lost not only jobs but philanthropists and • Corporations have been swallowed up in merger-mania boosters with strong ties to the local community. –and have streamlined operations, putting record numbers of managers in out-placement services and unemployment lines. • Large corporations are moving to suburbs and smaller Overall corporate employment has declined, and corporate cities. In 1970, New York was home to 117 major corporate America is saddled with debt as never before. Few companies headquarters; in 1990, only 43. have the money or credit to expand. • Heavy industry has changed. Some of the most badly shaken communities once thrived on meat-packing, steel and textile production and industrial assembly. • ;., • Agribusiness has swamped the family farm. .,...._... .. y-:�j.i,.._.. Although large farms are often more efficient, T y •_ - better able to withstand market fluctuations, and • • t _ w • ;, more competitive globally, they employ fewer •wt'"" '�^ ' =`"=' workers—hastening the demise of many small =7= I towns. •I Many communities are actively seeking visions to guide their planning and actions See Visions,page 2 camiros, ltd. •411 South Wells Street. Chicago, IL 60607 (312) 922-9211 •5832 Winthrop, Indianapolis, IN 46220 (317) 255-4553 •4610 University Avenue, Madison, V. `-3705 (608)233-7904 • 12055 41st Avenue N. Minneapolis, MN 55441 (612)557-1540 camiros, ltd. • Visions,continued from Page 1 • Retail sales are polarizing into mass-market"category kill- Where are the Silver Linings? ers', which offer huge selections at discount prices, and small shops that offer convenience and service over price advan- Change always presents opportunities, and nowadays techno- tages. Zoning codes must be updated to reflect this trend. logical advances lead the way.Workers can now choose places to live with no regard for their employers' locations. This may • Tax credits to encourage construction of rental housing create isolation and reduce accountability, but it also will make - were eliminated. As a result, construction has become more future restructuring less wrenching. expensive, driving up rents and deepening the problems of the homeless and less well-off. The environment has become an important economic factor. Recycling, disaster management, environmental assessment 1 -• I. + • I I I L $ and ecological restoration are growing businesses.Regions with # IX, clean air and unspoiled lands are experiencing mini-booms. ' • *I -,, } ` " I . Some of the hottest growth markets are places like Bentonville, . y_ . ; - --�" � • � � AR, home of WalMart. ., , .- . t� ►,_ -- '?-+ _ wig Technology can also spur entrepreneurial growth.Well over half •• F I le I of all new jobs are created by small businesses, and corporate •• ' ~ . • . 61P- ja lay-offs have given a large pool of talented people the incentive A ‘ '1 to create these businesses.Smart communities are waking up to . •�.r the fact that local start-up, retention and expansion, not corpo- _.4 7:7 _ " rate"white knights",are the real keys to economic salvation.This strategy is the heart of Sioux City's economic development ► � � 11 -� action plan,which was prepared by Cambridge Systematics and s' . • VentureWorks in cooperation with Camiros. -• The communities that thrive will be those which offer quality ` tom` wit `,, living environmentsITt `Ys %,. Technological and Economic Change -0-;.!--... j:� ;= - ��., . ., <r- • ,14,! 4.•i . < WA Small- and moderate-scale facilities typically have a long life •• .:r,kt • 4li �'�®��i - .41 because theycan be recycled. Increasingly, though, communi- �-�_. —' - ."' ties are having to come to grips with reuse of huge parcels.What r i .`kt-,., . r — st,: ! g= ., will Pittsburgh do with its obsolete steel mills? How will rural 1All,tt•./ d-- . �,,,�V.,. ,.� • • communities deal with the loss of the civilian jobs and retail �,n• _ %`'_l.a �;'_ -• ;•A'(— �I i„"' 11_•4,✓; �� .0 support provided by nearby military bases. And what will be- ., ,y � _�___ 911_, come of the land those bases occupy? What will be done with J — \i• € closed commercial airports, which often contain enough land to `� o accommodate all regional growth for 30 years? The trends of the 90's point to the renaissance of the small city such as Cedar Falls, Iowa Technology has brought other kinds of change. High-speed electronics, including computer networks and facsimile ma- The Other Essential Ingredient chines, have enabled businesses to decentralize to less expen- sive locations. Industrial robotics have reduced manufacturing Home-grown business is only one component of success. The employment and further eroded the power of unions. other is that overused and underdescribed trait, "quality of life." The communities that thrive will be those with the amenities Perhaps the biggest change of all has been the economic shift people look for to replace the high incomes that either didn't from production to service. Instead of a paperless society, a materialize or didn't bringthem much satisfaction."Baby-boomers shortened work-week and a leap in prosperity, this shift has want homes to raise families;empty-nesters want communities created mountains of back-up documents,less leisure time,and that invite their involvement;senior citizens want places that are lower profit margins.Wages in many service jobs are lower than affordable, caring and easy to get around," notes Camiros in the manufacturing jobs they "replaced." principal Jacques Gourguechon. see Visions,page 6 Page 2 Spring 1992 camiros, ltd. � --� -- A NEW AIRPORT _ - ` ---sarsaaler-i-,7 .-. - -- __ FOR CHICAGO - — .,p __- --"1:, :ii=;.- __;.. 415 - '111/��YMjq8 AgiliW -_-r�. a• -4'-:. �c E-Sl-•.- \ / ' 7-7-z—f� �,41 -�. 7- --s _ -- --- _ _ _ -- 3 -x�t -;+z�.r- _,,,=1:-L=.-: -_ ___ - i jce • ,1 :--7,1,--__-;- . - r ;/Jl _p�' s. J _ rte. __ - , _:.:,P �e$ __`r P>>" 4�. - f� L'�'-1 .-�fy'-- +- a te t -- _`.: =— o -aa- :��-Mi a �'�� Ii _ kuz:), ...x J� _ 1 . j_ T 7 ? ' ®�-cam f!`f` ~�_•--� (z,-_-_%- _-"..------ t _ y.� - .as-��.. � _ _` �\ \ --/- ! t '.-: . 4r ^int -�.a . • a _�, ia-za=..\\\•...... _ IBM VOW! / ilii ' itiNA:lit' Atiii : al-,1— The Proposed Lake Calumet Airport in Southeast Chicago About once every 50 years or so, a decision must be But times change,and Lake Calumet,like other heavy-industrial made that fundamentally restructures the way an en- areas, slipped into decline. By 1990, only 7,800 jobs remained tire region develops.The States of Illinois and Indiana and on-site, and many of those were in danger of extinction. South the City of Chicago have just made such a decision. Chicago had become one of the most depressed areas in the metropolitan region. Environmental damage and the sheer size The process began several years ago when a group calling itself of the sites involved pushed redevelopment beyond the capacity the Third Airport Coalition determined that O'Hare Airport, the of any single user. nation's busiest,would reach capacity shortly after the turn of the century. In airport planning terms. that's a relatively short time- Except a regional airport. frame.So,even before a regional consensus regarding the need for a new airport had been reached,the Coalition hired aviation Initial analyses of Lake Calumet's potential as an airport site experts and began exploring airport needs and potential sites. were lukewarm. Yes, a major airport would fit on the site, and yes, many jobs would be generated,but the site had drawbacks The first three sites that were identified came to be known as the not found elsewhere:environmental problems,job losses, relo- "greenfield"sites,because all are located well south of Chicago cation needs.The City of Chicago had immense faith in the site's in rural areas. Indiana requested that a site in Gary be added to merits,though,and undertook a planning program to test those the evaluation.And then Chicago offered the most intriguing site merits. of all: the Lake Calumet industrial area. As part of that program Camiros provided an evaluation of the For more than three generations, Lake Calumet was the em- airport's impact on regional development patterns,as well as on bodiment of Chicago's industrial energy. It was home to steel the area immediately surrounding the airport. This involved mills, automobile assembly plants, barge facilities. At one time projecting the development pattern that might be expected to it employed 100,000 people.The entire southern half of Chicago occur in the vicinity of the airport.Camiros delved into population relied on it for jobs and economic vitality. and employment projections, regional and local policies and objectives, and development studies of a dozen other airports around the country. Page 3 Spring 1992 camiros, ltd. - Staff news It soon became clear that Lake Calumet outshone the other sites i Torn Capp recently joined Camiros, for a multitude of reasons: ;`. t. Ltd.as a Senior Associate in the Madi- son office.A communications special- ,. ' • It would provide the only feasible means of rehabilitating r ist and former mayor and planning and recycling the Lake Calumet site. commissioner, Capp brings with him • It would provide more netjobs than any other candidate • a solid understanding of the political process and deep experience in con- site. -=r; sensus-building. • It would act as a catalyst for redevelopment and revital- [> ization of the entire southern half of the metropolitan "Urban planning and development is region. ... no longer a `top-down' process con- • It would require far smaller investments in public and =: _,v. .'?� ducted behind closed doors," says ``.. ." Capp. now a very public process private infrastructure, including highways and sewers. - � "It'sry p - Torn• It would truly act as a reliever for O'Hare by offering with many different interests. A big similar accessibility and travel times. �Pp part ofmyjobwillbetohelpCamiros's It would meet regional and local objectives of containing clients work with and improve that • process." public expenditures, preserving high-quality farmland, and curbing sprawl. Camiros Principal Jacques Gourguechon recently returned from • It would offer a ready pool of employees to both the athree-week excursion through Mainland China.He was prepared airlines and ancillary users. for his trip not only by his son Paul,who teaches English in Taiwan, _ • It would help reduce the subsidy burdens caused by but by Camiros Planner Zhu"Judy"Chen. underutilization and underemployment in the southern portion of the region. And Judy is a native of Hunan. She • It would benefit northwestern Indiana as well as north- studied architecture in China,then eastern Illinois. came to the U.S.in 1989 to earn a Masters Degree in planning from _ ei � - the University of Illinois at Chi- cago.She started working at Cami- * _ ,—•# ros in September 1990. i + Another newcomer to Camiros �'" �k , ��, "'� Chicago is Kathleen"K.D."Kim, - ' :` it: -. ir ba,A. • who emigrated to the U.S. from ' 1 j .. k*-. .., Korea at the age of eight. She - ,at,_ # (�.-I, holds two Bachelor's Degrees,one _ 4.-:- ,. i-- ' �� *`� in planning and another in the his- Zhu Judy"Chen& •'..,•,� *, :; 'rte,f _ tory of art&architecture. Kathleen"KD."Kim 1- . ?"4 Principal Leslie Pollock will speak at the National APA Confer- / s _ ence in Washington, DC, on `The Vision Thing: 10 Hot Cases", i ` which will look at innovative and effective grass-roots community visioning processes. He recently spoke at the Illinois Municipal Lake Calumet Airport would act as a catalyst for the development of League on current issues in subdivision regulations and planning. — the entire southern half of the metropolitan region Senior Associate Michael Blue will also speak at the National APA Camiros Principal Leslie Pollock was pleased to help place the Conference. His topic is how to increase public involvement Lake Calumet site squarely in contention with the exurban sites. through the use of effective citizen surveys. "An opportunity like this comes along once in a lifetime,"he said. "It would be a shame if Lake Calumet got passed over just Principal John Stockham recently led a panel on growth manage- because it's easier to crank up the bulldozers on a rural site." rent at the Dane Co., WI, Environment Conference. Senior Associate Torn Capp was conference coordinator, bringing to- gether 350 leaders from business, government& environmental Apparently the decision-makers agreed: Lake Calumet has organizations. been selected as the preferred site for the new Chicagoland airport.A lot of work remains to be done before the project takes Laura Christensen has temporarily given up planning in favor of off, but it seems the bulldozers have lost this battle, and the motherhood. Twins Lindsay and Ryan were born Thanksgiving entire region has gained. Day. Page 4 Spring 1992 camiros, ltd. �-° , \`-s °� -- On the drawingboard . . . a..�... + )\ •. a •.na, = , Fri./'Irk S ., `�'..`,� • "C �, L Slu'w .ar •`71,.. yCr'.'_.7C "yd.'s LZV..• - _. `` Camiros has been retained by the development firm Gallagher & - « ys. Hen of suburban Chica o to desi n a 1500-acre lanned develo_� °^ ,f ry 9 9 P pR .srom'c�:. � ,.' /.. , menti unincorporated Cook County,near Orland Park, IL.The .'`" ' ' - Spring 71 Creek PUD includes a new mixed-use Town Center and ,...,.e..._, �.? .- p� 5,700 housing arranged ed in traditional subdivisions, cluster Ar. _ '�� t k subdivisions, and mutt family configurations. The population of •"""'" — Spring Creek at full buildout (20-25 years hence) will be about Vioge Nome Deana r- ) (« ....•_ c6 �z-i... -:1--n.= 20,000 people. Camiros recentty completed a Downtown Riverfront Vision Plan for _ - -'� „rat. Cedar Falls, IA. The plan, developed in coordination with a US - � fi � Army Corps of Engineers plan for a major flood protection system, �_ _ :"��'�-.i� "'� combines a strategic plan for downtown with a vision for develop- } merit along a two-mile stretch of the Cedar River. Camiros is • •--''• 'iiimk r ""# = ) -- planning other riverfronts in East Moline, IL and Dubuque, IA. t Z"^sI 1r - Camiros is also working with Madison Gas & Electric Co. in - �` -`•` ./, ,•:1• 4 4'—T a._..., TOWN Madison,Wisconsin to site a major combustion turbine facility in a 1, = , CENTER rapidly developing suburb. In cooperation with the utility's engi- "" ;Js „-! ""'�'� - neers,Camiros is preparing computer-generated visualizations of :..: " Ir; , s� a . . the proposed facility, which will be used to help incorporate the `..::��_ - — ,_ _ facility into the landscape with minimal impacts. .. _-- i� r� Spring Creek Town Center Camiros is assisting Monroe County, IN in developing a new comprehensive plan and zoning ordinance designed to work in Site development will be governed by a set of principles intended to tandem.One of the most important planning issues in the county guarantee good design,environmental sensitivity,and harmonious is protection of the Lake Monroe watershed,which supplies water blending of uses and housing densities. These principles stress - to the City of Bloomington. techniques of compactness and neighborhood character that have recently been termed neo-traditional planning. As a follow-up to its Growth Management Plan, the City of Bloomington, IN has retained Camiros to revise its zoning ordi- Camiros,Ltd.,was retained by the City of Albert Lea and Freeborn nance to ensure that its development regulations conform to its County,MN to develop a poster summarizing Future Visions 2010. overall goals. The poster will be distributed throughout the community to promote the major elements of Future Visions,a process aimed at combat- Camiros is wrapping up a year-long strategic planning process for ting recent economic setbacks and stimulating positive change. Downtown Toledo, OH. The principal issue in Toledo was not physical deterioration so much as the loss of downtown jobs and The Village of Mokena, IL, has retained Camiros to provide leadership.The Strategic Vision for Downtown Toledo is aimed at ongoing planning consultation.In-house staff members handle the re-generating interest in the downtown and building the expertise day-to-day planning and development chores; Camiros offers ex and coalitions necessary to keep it healthy through the next pert advice, completes special projects, reviews development pro- decade and beyond. posals,and provides specialized assistance as needed. TOW' ...SM. '--1='''' .ee --Moans mu. b. 1:23t NMI f —wee re.. ID Me� . l - i _ r' g.-- . .. ._,L, _.;.. ...‘..:.: . _./..... __- _ ..ter ,=__._,.....,., -- _ ., _ .14 .. =,-.. -_r-:_`��__/ --- ' - „ : -_ '. . .=.,._ ._..__. ��. V I—.... 1 Spring 1992 Page 5 camiros, ltd. Page 6 Visions,continued from Page 2 • These trends all point to the renaissance of the small city.While community life,has gained importance as public-private partner- suburbia sprawls outward, creating longer commutes and poor ships supplant government program objectives. community identity, free-standing communities are quietly re- versing decades of decline and offering renewed cultural, recre- Camiros has helped cities as diverse as Toledo,OH,Sioux City, ational and environmental amenities. The lure of the Sunbelt is IA and Bloomington, IN create visions of the future and manage still strong,but a noticeable reverse exodus is bringing talent and the public processes that creating a good vision entails. The – energy back to the heartland. product in each of these communities is as unique as the community itself:a downtown leadership and marketing plan for The most important community asset in this environment is Toledo, a strategic economic plan for Sioux City, and a growth flexibility, and visioning is the key to achieving it. Government, management plan for Bloomington.Good planning will be critical like business, must move away from centralized control. Corn- to communities in the 90's.'To be effective,"says Gourguechon, munities used to do comprehensive plans every 20 years; now "this planning must be based upon strongly held community the time line is 5-10 years.Policies and programs are often dated visions." within five years.And visioning,which incorporates all aspects of THE ROSE OF GALILEE Anew city may soon be rising from the land of Israel,near the Sea of Galilee—a city where people of all faiths will meet to engage in peaceful dialogue and coexist in harmony. The ��r � _ 1�"' name of this visionary city is The Rose of Galilee. !'� � ,"l!_ _. . The Rose would encompass a new university,a medical center, _- -74407 -- 5 1116.. a resort and conference center,residential neighborhoods,small _ commercial districts, and ample open space. Its purpose would -_e not be to integrate all beliefs, nor to encourage people to forfeit cherished values, but to stimulate open discussion and under- 111ItL1 g standin /Wok, �,r'j} ROSE OF GALILEE �T p camiros.ftd. "The idea of a city dedicated to knowledge and understanding 1 CA smt;mmmmmmmmr rather than commerce is a spiritual, utopian vision,°says Cami- ros Principal Leslie Pollock, who has led the planning on the Rose of Galilee project. Rose of Galilee Pian camiros RECE;E��i� BULK RATE U.S.POSTAGE 411 South Wells JUN 1 5 1992 PAIDAurora,IL Chicago, Illinois 60607 CITY Permit#1 Or l:ryKm\Jr--bm .l\. Paul Krauss Planning Director City of Chanhassen 690 Coulter Drive Chanhassen MN 55317 The name Cam ros (kun-meer•ohs) comes from a classic Greek city whose unique development demonstrated how each gene'at on could Ou IC upon the work and needs of others.