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06-16-93 Agenda and Packet AGENDA CHANHASSEN PLANNING COMMIS SI WEDNESDAY, JUNE 16, 1993, 7:30 P.1 FILE CHANHASSEN CITY HALL, 690 COULTER — CALL TO ORDER PUBLIC HEARINGS _ 1. Non-conforming use permit for Minnewashta Manor Homeowners Association Recreational Beachlot. The permit shall describe the nature and extent of the use allowed. 2. Preliminary plat to subdivide 4.47 acres into 7 single family lots on property zoned RSF, Residential Single Family and located at 7500 Frontier Trail, Lotus Lake Woods Leanna Forcier and Hubert V. Forcier. 3. Doug Hanson, West One Properties for a PUD to rezone the property from BG, General _ Business to Planned Unit Development, a preliminary plat to replat Lots 3, 4, and 5, Block 2, Burdick Park into one lot and site plan review for a 16,335 square foot expansion of an office and manufacturing facility located at 7900 Kerber Blvd.,West One Expansion. 4. Rezone 31.83 acres of property zoned A2, Agricultural Estate to PUD, Planned Unit — Development; a preliminary plat to subdivide the parcel into 48 single family lots; and a wetland alteration permit to alter and mitigate wetlands. The property is located west of Galpin Boulevard and south of Hwy. 5, Trotters Ridge, Tandem Properties. 5. John Przymus for an Interim Use Permit for expansion of the Golf Driving Range Maxi- Mini Putt complex to include expansion of the building and a batting cage located on — property zoned A2, Agricultural Estate and located at the northwest corner of Hwy. 5 and Galpin Boulevard, Swings Golf. — OLD BUSINESS NEW BUSINESS APPROVAL OF MINUTES CITY COUNCIL UPDATE — ONGOING ITEMS ADMINISTRATIVE APPROVALS — OPEN DISCUSSION 6. Review Architectural Alternatives for Hanus Building, Fred Hoisington. — ADJOURNMENT NOTE: Planning Commission meetings are scheduled to end by 11:00 p.m. as outlined in — official by-laws. We will make every attempt to complete the hearing for each item on the agenda. If, however, this does not appear to be possible, the Chair person will notify those present and offer rescheduling options. Items thus pulled from consideration will be listed first — on the agenda at the next Commission meeting. CITY OF CIIANIIASSEN 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 10, 1993 SUBJ: Minnewashta Manor Non-Conforming Recreational Beachlot BACKGROUND The Minnewashta Manor Subdivision was platted in 1947. There are 32 homeowners in the association. The association's beachlot is located on Lot 11, Block 3 of Minnewashta Manor. This lot is submerged under water or is below the ordinary high water mark. Therefore, the association does not have any unusable beachlot property. The association is using the right-of- way of Minnewashta Avenue to gain access to the lake. This street was never built and does not serve any homes. There is a gravel access to the beachlot along the extension of Sandpiper Lane and Minnewashta Avenue. Access to the homes in Minnewashta Park, the subdivision to the south, is off of a private drive from Sandpiper Lane. The proposed location of Minnewashta Avenue is under water along the lake side and is not required for any public use. Staff would recommend vacation of this street (Attachment #1). The recreational beachlot is located in a channel/cove off of the main lake. The association was granted a wetland alteration permit to dredge the channel. This dredging went a distance of 950 feet to the Pfeiffer residence and did not extend to the association's lot. The dock for the association extends in front of the Pfeiffer residence in order to gain enough lake depth for docking boats. There is an association dispute as to whether or not the association property was to be dredged. The Pfeiffer want the dock relocated. Relocating the dock would likely result in the elimination of docking rights for the association. The concerns of staff include whether or not the association can meet the dock setback zone and the association's use of the city right- of-way. • t«: PRINTED ON RECYCLED PAPER Minnewashta Manor June 10, 1993 Page 2 The association is requesting 1 dock, 30 feet in length and extending out into the navigable waters. They are also requesting 5 boats to be stored at the dock and 5 boats to be stored on land. An inventory was not taken of this beachlot in 1981. The association has stated that they have had a dock with boats for many years. UPDATE This item appeared before the Planning Commission on November 4, 1992. The item was tabled at that time because it was not clear who was representing the association and staff had recommended the association consider vacating Minnewashta Avenue and a portion of Sandpiper Lane. There were several other issues that were involved, most notably the fact that this beachlot is under water and the access is now the right-of-way for Sandpiper Lane. The staff sees two options if there is continued use of the beachlot; one vacate the street or grant the association the use of the city's right-of-way on Sandpiper Lane. It was thought that maybe the Minnewashta Avenue and a portion of Sandpiper Lane could be vacated and the adjoining property owners could retain a portion of the right-of-way. This would at the least give the beachlot a protected access to the beachlot. This solution presents some problems in that it can be guaranteed who will get the right-of-way. In addition, granting of additional right-of-way to the property owner to the north (Pfeiffer residence) will result in his demand to move the dock further to the south. Locating the dock further into the channel may result in not having enough depth to dock a boat. This may not be an issue if it is determined that no boats are to be docked overnight. Another option for the beachlot is to continue to use the city's right-of-way. Since this street will never be improved by the city because it dead ends into the lake, the city could allow the beachlot association to continue to use the right-of-way. The Pfeiffer had complained about some erosion that was occurring in this right-of-way on Sandpiper Lane and their residence. Mike Wegler, Street Superintendent, inspected the site on June 7, 1993, and noted that no action was needed by the city at this time. He noted that the home owner has put some debris in the flow line and this could be corrected. In addition, the - settling in the yard could be from a number of things and it is unlikely a problem for the City to solve. Staff still has the on going problem as to who represents the association. This association has been less active in the last couple of years and the application submitted by the President James Senst last October does not reflect the interpretation as to the level of use in 1981 that other members of the association believe existed. Staff has attempted to notify all members of the association of this meeting. A new application has been submitted by a long time resident of the association, Mr Art Kimber. He has 5 other members of the association listed on the application as noted in concurrence with the request. Staff is requesting the Planning Commission, through Minnewashta Manor June 10, 1993 Page 3 the public hearing process, interpret the facts as to the level of use in 1981 and the best was to allow the association access either by vacation of the street or authorize of use of the street from the City. Roger Knutson, the City Attorney will be at the Planning Commission to help with these issues. SUMMARY The Association is requesting approval of 1 dock, 30 feet in length from the shore and out into navigable waters, 5 boats at the dock and 5 boats on land. ATTACHMENTS 1. Subdivision Map. 2. Non-Conforming Beachlot Application. 3. 1981 Beachlot Inventory. 4. Map of Wetland Alteration Permit. 5. Note from Mike Wegler dated June 9, 1993 6. Planning Commission dated November 4, 1992 7. Notice of public hearing with property owner names. a A =TART B TA AMP,TS Q C 8i X X 8�j - ■ ; 1 « � M M N M M— ......• .. f wot I, �/ ' ..■ - iiA I:la yr to bold .....' me_R INI �` • atil.:71:..;It;-;111"k4,7- --'-----------------4.-1-77 ...4 -,X.I.01. IL i A1411 it....44-, ridi.-_,1 ,.:::1r...iv, 1.-\• -"toy,-IT.L,-. al, . 1 __-___ ow__Fr„,;•=•......awo....,_ ,„,./ q ,,,,.. lillillithidlill*. -.1"1 e• 11101.711=-, r, Ia. tel.:to 4 _._____ _-_ -_--7.-- ,,,,_.:: V' v j4ri . t 111 LAKE IA qt moo, '^ � LAKE ir' ,I r 1 �iat, N / NNE •' A S NTA °1 '1 soo ..'° `ice , — IN e� _f, / ieFwawAL r000 •_ �C_ �� — rAAsr �G� • t �'11 i __ ...�. 7104)-u = t L/Rf �l. I`� I OSA C a O s:: ; 1I,... 730C u ,.K.a-•a All i •�•. 6:'• — , iii. g , f/ - II• 111.tri '� \ S� - MI IP rroo 0'=111 1 / ti • r Fr � A Er Imo I % wil...,_, .... P" .:o Witt/ _ Cr" _„1 'lb - in 1300 , II i • ai ' J $•00 d .900 %` ' ..---/ s V 8600I I i I 1 f � 1 . —MAN it I'D (CE 0) 1 -P 1 1 1 1 — __....4„, 1 int NON-CONFORMING RECREATIONAL BEACHLOT PERMIT ASSOCIATION P.C. CITY COUNCIL REQUEST RECOMMEND ACTION Association Minnewashta Manor Lake Minnewashta Number of Homes 32 Size, square feet 2,400 sq. ft. UNDERWATER Shoreline 174 feet plat of 1947 163 plat of 1983 Motor Vehicle Access yes Off-Street Parking no Boat Launch no Buildings not requested Picnic Tables not requested .— Grills/Campfires not requested Seasonal Dock 1 (30 feet) Diagram and to get to a navagatible depth Canoe Racks not requested Boats on Land 5 Boats at Dock 5 Boats Moored none 5wimming Beach no Marker Buoys no Swimming Raft no Miscellaneous CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 NON-CONFORMING RECREATIONAL BEACHLOT APPLICATION HOMEOWNERS ASSOCIATION: N/N/ eA,4-.,iTA /"1,4 02 v44•Fies — 4t 31 'c"r«/i,l, //yl', C4 74 EX‘-",p7 Aro h'-/iPo. CONTACT PERS ON: A P r /-r/4-149En ' o .i- _ A¢a- err DiwyEla, ADDRESS: Z.r2e7 7/✓.g - Aery EX CE4s/#4 SS3'/ ,f4/L. TELEPHONE (Day time) '5'75' 7i7G TELEPHONE (Evening): /.7‘K----'75-7c- Please '.7" --'7Y7cPlease provide all requested data consistent with what existed in the summer of 1981. 1. Number of homes in the Homeowners Association _.72- /75% 01 Z/75', Z1 p(Arr /q't7 2. Length of shoreland (feet) /6 7. 7 4177" 1f82 3. Total area of Beachlot (in square feet) 4-PRf,( 2/a a /N / If 6-/ %,vt 4,4.r O/YL y GsyE — 4. Number of docks /4/,PRo x 3o 17-7,-, Ax74-4'0 / Aird/y 7/7f .rte o.e e"of .7- 6-4/4-y o '-r /''To /t/411/I 994134E were-e. 6. Length of dock(s) 7. Number of boats docked T 8. Number of canoe racks /1/64NE - 9. Number of boats stored on canoe racks /VONN (50't4 4 �.�r�E -d' " "' — /qi.qp w.2r) 10. Number of boats moored, i.e. canoes, paddle boats, sailboats. / /Q/w- 11. Number of boats on land U4R/ffp /74W,-r /Wite 72 %f0)/4-17.44. ($) — 12. Swimming beach Yes No Buoys Yes No- 13. Swimming Raft Yes No_1(__ L_ 14. Boat Launch Yes Nom_ ,4 c Ess , ,T Co 1I1 47- oz c — To P0L ' 2 76Y WEA F.enee 4 c 2 r f/ O'el/L 7 t7fI'J ' "0).9 7 s IY E MAL/ vc44Y C0144/4 P OUT CV/H Doc l-' " /V4 v/G hLBt E KIi9T 15. Motor vehicle access Yes No Number of parking spaces 16. Structures, including portable chemical toilets: /)/Z1/1/E- 2820 Tanagers Lane Excelsior, v*: 55331 June 11, 1993 — City of Chanhassen Attention: Mate Aanenscn, Senior Planner Dear Kate, Inasmuch as there ins'.=no way we car be sure of being awarded twenty feet (20' ) of the roadway in a vacating process, we believe that an arrangement with the City of Chanhassen to retain the ownership of the roadway would:be best. Minnewashta Homeowners' Association chould be granted the use of the rcadway for a recreational area and beach lot. We are to keep it clean and orderly, an asset to the community, instead of a dumping area for old snowmobiles, used autos and weeds as it is now. We feel we should have sore claim to it for the following reasons: 1 - We used the roadway for access to our beach lot from 1947 until 1983. 2 - We paid property taxes or. the beach lot from 1947 to 1993 when the DNR determined that the lot 11, block 3, was under navigable water.3 - From 1983 until 1993 we have used the road as lake access (with the approval of the city). 4 - That's 47 years, isn't there some grandfatha,'s act which gives us the privilege to continue use? Possibly the Right of Eminent Domain? Here is a list of current Minnewashta Manor residents who use the dock regularly (the dock now is on the site of Lot 11, Block 3). NAME -STY/ A,vo /'7,q, -J4,//v SET-,q r t ADDRESS 2g 3/ 44,-,./Acc S hof./lE NAME / � f Ts/ ADDRESS 2Q 0./ .-7;?/), G e"e NAME /-6 'AD ft /17'P- - '//,..ii ADDRESS Zs' /a -f/ ,✓�lpip�,� T,aiL NAME /111 /fc, /f!f/Y/PA 1'1 ADDRESS 2-930 11lgrAT4 8..¢y //Er 40 NAME �j,(/ 7-4 / 7 A KE4 e ki/Ff ADDRESS /go0 \.5.13"re .9iPfW.. NAME 74' 14--So -t- 4'A '9 L.f� l/- .r* Z -'- .4zi1r ADDRESS dc<4rlc,Y !/.IGS/ SSG=,e,o4 £ W/7,Y eg.,473" me AGE ..69,4WCW 75%' ✓rte-. 1 Page 2 I am sorry that I was not able to get this form to you sooner, Tom Schoenecker had to go to the airport last night, his daughter is graduating from college today. I filled out the Non-Conforming Beach Lot 4pplication to the best of my ability. I think all facts are correctly stated. I trust that this will be the information you need. Sincerely, Ime Art Kimber Wm bm L +off. JJ., �/ O co• �O' ,?a9/ r CITY 1 /Mj o`v Ut• 10 2&/I �1 O OF CHANHAS�EN „ - �� Asn II 9 Rry i a ; • 7. f 0.5/ ay4o �g4/ r �� — O• 12 r; bo qiQ �� 13• . 4713/`" - ki.R . , �� 6 14 : 8 4 92 I CO �4 aye -1-• wgS • #1U° /... 1 �ypR, o� D, �' .? -TA 29/0 M Q 6 M N A �s� AAR. ate, - .. .� �&.L0 2 v 0 l CO' 2 • sir 7i 7 \ 6 �8r/ — I 3 .713o 5 I �••� .....„----...-=----- 31...,7 \,..: .,. 4 ../ 4'040 ' - -- - - -L ,° ..e Of N \ / 3 5 fr.7d�// be •. / ,713/ /7:a i .. tt: r -- 2 \ � / 7 8 p `� I3 \il .? 7j0 ... . .. X74/ ' )? \'' \ gyp, • 6 ��,`r 3 w f \ 9 C. .7gs\. ; �4� J -�7s/ ' 1 k.,........;_L; , — w k .,\ ' 9 6 �fiSc ` _OUTLOT g \ ''\ I IO i'� Z a�6/. 7 - :�e MI�J. \ 8 .?8/o ' S d 1 /.-______________ /4.7' _i �- ` - .Elk 3 ( SPO ' . / ) ; )) // gSl 27 -. LJJ g -1 BAR I' 26 _ l,' g31--� - • A z= 1NN'25 l4 _ r - '/ `N p'S� `r' �` 22 21 / %% 0. • fievk .., lb PR --1 I..._ --------,.....4 1 _ , _ I.."%,..: 23 • ' $ — PJB' i f i # d. RAIO Y, _..moi;_ - - ' .- +F.`-.r ' ' -�_ -� r..C=:' ',-0-`.r---`-7`:.•:-.-;_._--"..---,.., r-,.m,t,...- - Y: CERTIFICATE OF SURVE `� .. ` � if :..Y PREPAF - FOR, MrNNE'WASNTA f,IOME OWNE'l?S ASSOC. • L F • i f --\\----- •^-77.1377--..- • 1 -�.- -- Ii J �, I C ' 6,4:,.,,_)„,,,,....„._ ._. .C S , LAi1LP�ECc I iN� ON jw O / 1 1 I fk. .• --.i:P / Ik. / -- & r [��'I` DESCRIPTION: �. v �. ` IMS 60 �� Lot it, Block CO / .„,...(1.) ; MINNESOTA. 0 - `.. 1/ k'I (} ` v o - Denotes ir .. -._.;,/ ' a _ t h-. 1 � r VD - cr ii _ ..r . 4.a-.- FILE No 23.73 , .-',) 0-,r ::::. r.-.,,,-,; c----:-\:-..-_--1 ,,T1 i•,;:,- -- -. .-- fr!. ..,:i. ,-. .fl A-Th;.,....44,... ' fl'` 1 , : ,, 1 i I i . f ,• . ..• 41, . 1. 4:a—Tst �:vSAr , -i 4529 • Transfer from No. 4856 Originally registered the 20th day of January 19 '+S VoIUmr: 7 Page bs • -} BEGISTBATIO\ — Sm+'reoMmi.So'ra. • Corr.GEx 49444 Minnewashta Manor Home Owners association a Minnesota corporation. _— box 225W, bo,te 5 4004 City Excelsior tr.l.se Carver wmage4aohorf I'icnescta .Iw..5/4wmse,4/4 b.irsW, in fee simple glad,.;.4104 ..Gfaa.r frau.sranisekggPoseeirl d+try.wsi. kgl9rtiirselak.Asf Lot Eleven (11) block Three (3) Minnewashta Manor, according to the — plat thereof on file and of record office Registrar of Titles, Carver County, Minnesota. On condition that said lands be used for park and recreation purposes for the benefit of the owners of lend in he plot — of said tiinnewashta Manor and subject to the further provision that if said lands cease to be substantially used for nark and recreation purposes as above set cut, then said lanai shall become the property of the County of Carver or its successors to be used for public park purposes. i" Ui D Xibink and ialr..Pisa ete4.4~ar�laal..+dwiriass��irdMacd.A°/erne Arno /ed"' l�irrwa1P-44i+4 44, si/a ,sero illwf i9tlrxrdid s SCneeer 5(hfJ.5 21/4iromoVas Seta uk.a 4.7..:wc.r.6e.o4..�1 ,c.a:�r"y,..f.,/,4, s..../,r,.r..44:4,k...,/‘416.4...54.44.....44,46:. S&l/L�s....oaleyri►.rgpiadmk Aimeld r.loy.ra...44.e. iarati/Gr^+Lal 4444, 0414 1440 41440/14da440414, 7iaalke;t04. l4Aa#.Y.edwrJwwr46.44 icy.s4.,.1LwLG.►a..rC...a!wa.y4.4..4/fli/4f.wWi,4..r4.w�r6: —' . v.4.ra«! iinnewashta (tenor More Owner's Asseniation 0' asi*R`' piPPJU ir ;; is a hlnneso'a corporation _ ,a„rdaj,.,,d4 no Aiaerf. Ai!mem yTherog Af......L...w€,....4. .,Amr......,...1.y4Y...ssLi..fy4-7 .• _. 10 Ar,or July ,/y of 9 A.H. a mom mm A • C0RP0lt:1'�idly tt, sass.... _ - _ ' ___ A..V%a111 l;—IVIINN• _ _ M1nnc,rashte Mnnor• 1!o'r-e Uwner^ Association - TO % The Public + + + • + + + + + ARTICLES OF INCORPORATION i OF MINNEWASHTA MANOR ROME OWNLIIS ASSOCIATION . r We, the undersigned, for Lie purpose of forming a corporation under and pursuant to the provisions of Chapter 317 Minnesota :%Latutes, known as the Minnesota Nonprofit Corporation i Act, dr hereby associate ourselves together as a body corporate and adopt the following Articles of lncorporution: ARTICLE I. The name of this corporation shell be: Minnewashta Manor Home Owners Assecittion. AIITICLa II. The purpose of this corporation shall be: To stimulate the interest of residents of ▪ MinnewasY,tu Manor in community Intercut, health, :safety, and the general welfare of the nably F including butt nota limited too the power co al; tltollease.opurchase,ehold yto lpurpose,its resients in rea; una and improve real tOte. • ARTICLE IIl.. • This Corporation shall not afford pecuniary gain, incidentally or otherwise, to its t members. ARTICLE IV. k The period of duration of corporate existence of this corporation shall be: Perpetual. 1 ARTICLE VI. Excelsior The location. of the registered office of this corporation is Box 225W Route 5, h (Carver County), Minnesota. • ARTICLE VI. The name and oderess of each incorporator of this corporation is: y Jesse PotLratz Route 45 Box 225W Excelsior, Minnesota L. V. Faetkenheuer Route 45 box 228W Excelsior, Minnesota Aaron J. Clem Route 45 Box 203W Excelsior, Minnesota ARTICLE VII. ▪ r The management of this corporation shall he vested in a Board of Directors of not less then two nor more than five members. The first Board of Directors end their names and post office addresses are as follows: Jesse Pottratz Route 45, box 225W Excelsior, Minnesota F J. L. Faetkenheuer Route 45, box 228W Excelsior, Minnesota ▪ 1 Aaron J. Clem Route 45, box 203W Excelsior, Minnesota ARTICLE VIII. M_mhers of the corporation shall not be personally liable for torpor .tions. ARTICLE IX. Thin corporation shall h;Y:c no capital stock. F In Testimony Whereof, we have hereunto subscribed our names this 18th day of March, 1961.' • i Witnesses; JJesse Fottrat Rosemary N:Gr:•: Jesse Pottratz hosert.ary rr:tz t — L. Y. Faetkenheuer L. W. Faetkenheuer Aaron J. C)em Aaron J. Clem STATE OF MINRaICTA ) as. COUNTY OF HENNEPIN ) eared before Mc Jesse Pottratz, L. W. On this 18th day of March, 1961, personally app ftmq Faetkenheuer, arc Aaron J. Clem, to mc known to be the persons described and who executed tthe foregoing Articles of Incorporation of Minnewashta Manor Hone Owners Association, i and they acknowledged that they executed the same as their free act and decd, for the uses and purposes therein expressed. James H. Grathwol JAMES N. GRATHWOL i (NOTARIAL SEAL) Notary Public, Hennepin County, Minn. My ^ommiesinn ex^ire* !"Ay 1, STATE CF N1NN..SOTA DEPARTMENT OF STATE I herby certify that the within instrument 6 was filed for record in this office on the 22 day of March A. D. 1961, at 10:45 o'clock A. M., i and was duly recorded in book N-20 of Incorporations, Jonepage 263. 3novan !• Secretary of State EFiled for record on the 29 day of „arch h. D. 1961 at 8:30 o'clock A. M., Carl W. Hanson, hegister of Leeds .....................-- -------- - — — 11.r, v1. 1oti.; id 1/4,117ild.,:i• )01 UV iiiiiti. :;ol:. -.l.:A.J. ::, knoa.les tb. flirow-ca.:, 1.11,:1111.:::. Corporation Act, •• and lawn nmrnd,,LurV Lnereof and aupplementary thee..1.0dh , o erebh y aeociale ourae 1 v •as us __n 4 . :Jody corporate and adopt the following articles al' Incorporation. Id Alrl'ICLE I. ' r The name of the corporation nhull be: CHANHASSaN WATEHaOHKE, INC. 4 AHTICLE II. . The porpoaes of this corpom.tion shall be: !! _ To enaaae in the businoss of procurine, creating and purveying water to the general public underfranchise arreements with political subdivisions; to buy, cell, decl In, lease, hold or improve real estate arm personal property; to sell, lease, mortiare or otherwise dispose of lanu, tenements or other property of the company; to construct, erect, equip and repair build- ings anu other structurea on land oared by this company, or by others, and to advance money , to and enter into contracts and arrangements of all kinda with builders, property owners, . . political subdivisions, and others, for the purpose of owning, leasing managing, and operatingI a waterworks system with all its appurtenances. To suoscribe for, contract to purchase, purchase, own, hold, sell, assign, transfer, cortOace, pledge one otherwise dispose of shares of stocks anu bonds, debentures, securitios, real estate mortrages and notes of ny other corporation or corporations or individuals, with the right to exercise all the yIghts, powere.and privileges of ownership, including the right to vote there on. TM's corporation shall also fi have the right to buy, sell and generally deal in Its own stock./ 4 a To borrow money for any of the\purposes of this corporatipt, and to give security by pledging or mortgaging all or any part of the real estate or/personal property owned by the _ corporation, and to create, issue, dr' w, accept and negotiate bonds, mortgages, bills of exchange, promissory notes or other obl,ieutions, whether negotiable or non-negotiable. To do any and all of the above aniahere in the United ataLes, either in its own behalf o - on behalf of other persons, firms or cornrations. A.TICLE III. . , Its duration shall be perpetual. -- ARS CLE IV . . The locution and post office address o its !egistered office in this State shall be .. P. C. box 35, Chanhassen, County of Carver an .state of Minnesota. . . AlrfIC V. The amount of stated capital with which Aa's corporation will begin business will be - -- not less than One Thousand ane no/100 (t1,000.08 Dollars. ARTICLE The shares of stock of this corporation shal be with a par value of One Hundred Dollars I ...• (t100.00) and the total authorizeu number' of shares shall be two hundred and fifty (250), wrich shall be issued in such manner and at such tim:s and in such amounts and for such ccnsiderations as may / • -- be fixed and determined by the board of Directors. / ARTICLE VII. The management of this corporation shall be vested i a Board of Directors of not less than two i2) nor more than five (5) in number. The f. st Beard of Directors and their i ranec anu post o:'fice addresses are as follows: : hobert,A. acao le r, box 35, Chanhan. -n, Minnesota ___ Celine:R. Scholer, box 35, Chanhassen;,Minnesota James. N. Gratnwol, box 391, CaanhassenaMinnesota I; The Board of Directors shall have the right to make and alter the By-Laws of this corporation as proviced by law. ARTICLE VIII. , _ Th s officers of this corporation shall be a president, vice-presidont1 secretory 1'1 • and treasurer. Any two a/ said offices, except that of president and vice-president cay be held by the same person. /The officers of this corporation shall be elected at the first meeting of the Board of (irectors. / ARTICLE IX. The directors named above shall hold their offices as such until the next annual _ meeting of this corporation to be held on the first Tuesday of March, 1962, at 10:00 A. M. 1!. St its principal place of business, at which time and annually thereafter a Hoard of Directors Shall be elected by the shareholders of the corporation. The Board cf Directors shall have [ autnority to chanae the date of the annual meeting. Immediately after the election of the directors, or as soon thereafter as practicable, the directors shall meet and select from _ their number the officers of this corporation, who shall hold office until their successors have been duly elected and qualified. : il ARTICLE X. • The names and addresses of each of the incorporators are: 11 Robert A. Scholer, box 35, Chanhassen, Minnesota . . ."-- Celine a. .Scholer, box 35, ChanhHssen, Minnesota I _ James N. Grathwol, box )91, Chanhassen, Minnesota .. IN ESTIMOW! WHaaEOP, we have hereunto set our nanda this 22 day of March, 1961. Hobert A. Scholer 11 ' —aaaa____ hobert .. Scholer Gerald 1.. Nehe. Celine 1 . _ Kerber . Celine h. acholer a....- STATE OF ElNNE,UTA. ) 7 . Jamesjr.ehs II.l.rw°1 s. CDUNT! OF ME0hEaIN ) 'N.NIaa.. • f On this 22 day of March, 961, personally appeaare before me Hobert h. Scholcr, Celine N. acaoler and James I . Urathwo , to me known to be the peruona named in and wno executed the' foreaoinc Articles of Incorporataan eactaa<nowledgad this to be his free act and decd i for the uses and purposes therein expre.ced. a....„.....„.:erold E. Neher ...-- GEHALD E. NEHER (NCTAhIAL SEAL) 'Noaary Public, Carver County, Minn. , r My Commission axeires Jan. 15, 1966. STATE OF MINNESOTA 1.&.1+ .TMENT OF STATE I hereby certify that the within instrument was filed for recort.-th" this office on the 22 day of March la.- U--1961, at 10:45 o'clock A. M., and was au...11 recorded in book N-20 of Incorporations, on pare 251. 0 . Filed f r record on tre 29 day of March A. V. 1961 ::3;r: .--•"-- ) __ ___ •--- -• -- Carl W. Hihson, h30"o':::::a:. H.,a_ _ Secretary of State -_,_ ----____ 1 ------ --___ ___ _ ____ Reginter of Deeds ,aa......: 4..r.A4,--..4- Zi&yoir 1 t.,991.23 • _ 1 h.....lci........t,i, nICL:.,ti...clim AMENDED AND LIMITED Na-02733-E)1 PROTECTED WATERS P.A. Number 1NNESOTA 89-6229 Department of )Natural Resources PERMIT Davison of Waters SupersedeA prey mus permit 1sued Jstary iC gPursuant to Minnesota Statutes, ater c, a on a oasis of a me is fd rto cation contained in the _ permit application, letters, saps and plans submitted by the applicant and others supporting data, a:l :f wnich are made a part hereof by reference, PERMISSION IS HEREBY GRANTEE) to the applicant named below to change the course. current, or cross section of the following: Protected Water . County Lake Minnewashta (10-9) Carver Name of Applicant Telephone Number (include Area Code) Minnewashta Manor Shoreowners' Association c/o Pat Pfeffer (612)474-9454 Address (No. C Street, RFD, Box No., City, State, Zip Code) 2850 Tanagers Lane , Excelsior. MN 55331 Authorized to: excavate up to 4000 cubic yards from an existing channel at Minnewashta Manor. Dimensions of excavation are limited to: 950' long, 15' bottom width, 4' deep (bottom elevation 939.3 NGVD, 1929) with 2:1 (horizontal:vertical) sideslopes on the lakeward side and up to a maximum of 7:1 sideslopes on the landward side or extending to the existing natural ordinary high water elevation (NOHW) of 943.3, whichever represenrG the lesser distance_ The raxiri,r trip v{rlth Shall he ST feet_ Purpose of Permit: Expiration Date of Permit Navigational access channel maintenance November 30. 1989 Property Described as: Block 3, Minnewashta Manor County Nh'} Section 4, Township 116 North, Range 23 West Carver As Indicated: (8) As Indicated: (11) the normal ordinary high Does not apply water elevation 943.3 (NGVD, 1929) This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This permit is permissive only and shall not release the permittee from any liability or otligaticn imposed by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in force subject to al. conditions and limitations now or hereafter imposed by law. 2. Th.s permit is not assignable except with the written consent of the Commissioner of Natural, Resources. 3. Tina Regional Hydrologist shall be notified at least five days in advance of the commencement of the work a..thcri:ea — hereunder and shall be notified of its completion within five days thereafter. The notice of permit iss_e: by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations. 4. No change shall be made, without written permission previously obtained from the Commissioner of Natural Resources, — in the dimensions, capacity or location of any items of work authorized hereunder. 5. The permittee shall grant access to the site at all reasonable times during and after construction to a6t`orized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. b. This Permit may be terminated by the Commissioner of Natural Resources at any time he deems it necessary f: - the conservation of water resources of the state, or in the interest of public health and welfare, or f:r vic:a:i: oc any of the provisions of this permit, unless otherwise provided in the Special Provisions. 7. Construction work authorized under this permit shall be completed on or before date specified above. :ccn vri:ter• request to the Commissioner by the Permittee, stating the reason therefore, an extension of time may be cctaire:. B. The excavation of soil authorized herein shall not be construed to include the removal of tr:ari: ra:te^ '.a _ s indicated above) unless the area from which Such organic matter is removed, .s impervio_s, :r is sea.e: the application of bentonite after excavation. 9. In all cases where the doing by the permittee of anything authorized by this permit shall involve t'ie taxing, using, or damaging of any property rights or interests of any other person or persons, or of any cuaiiciy owre: lands or improvements thereon or interests therein, the permittee, before proceeding therewith, sail :otain tie written consent of all persons, agencies, or authorities concerned, and shall acquire all ore:erty, rigs -- and interests necessary therefore. • STATE OF ADEPARTMENT OF NATURAL RESOURCES PHONE hc2.96-7523 METRO REGION DIVISION OF WATERS FIDE NO 1200 Warner Rd. , St. Paul, 1.2; 55106 January 11, 1989 Minnewashta Manor Homeowners Assoc. c/o: Mr. Clifford Reep Minnetonka Portable Dredging 500 West Lake St. Excelsior, MN 55331 Dear Mr. Reep: RE: PERMIT APPLICATION #89-6229, CHANNEL EXCAVATION, LAKE MINNEWASHTA (10-9) , CARVER COUNTY Department personnel have completed review of your application for a permit to work in protected waters. Under Minnesota Rules Part 6115.0080, the department cannot issue a protected waters permit until the applicant has paid an additional application fee based upon the cost and complexity of the proposed project. The additional application fee for your project is based on the following parameter: 900 FEET OF SHORELINE AFFECTED 3200 CUBIC YARDS OF FILL OR EXCAVATION TOTAL ADDITIONAL APPLICATION FEE $230.00 Please submit this fee via check or money order made payable to the "Department of Natural Resources", 1200 Warner Road. , St. Paul, Mn. 55106. Under Minnesota Rules Part 6115.0080, if the additional application fee is not received within 30 days of this notice, your permit may be denied. The permit to be issued to you will authorize the following work to be done in protected waters: excavate channel along Minnewashta Manor, Block 3. Please remember that we cannot issue your permit until you have paid all required fees. If you have any questions, please call this office. Sincerely, .......--',4*.:7:44/47 :4,-......----- Kent Lo►ckesmoe Assistant Director cc: Pat Pfeffer K93 AN EQUAL OPPORTUNITY EMPLOYER Mr. Pat Pfeffer Minnewashta Manor Shoreowners' Association Page Two If you have any questions regarding this matter, please contact Area Hydrologist Mike Mueller at 296-7523. Sincerely, Kent Lokkesmoe Assistant Director Enclosure cc: USCOE Carver SWCD City of Chanhassen Minnehaha Creek WSD J. Parker, AWM - B. Gilbertson, AFM J. Fax, St. Paul Waters Lake Minnewashta (10-9) file To Minnewashta Manor Home Owners' Association, Inc. , Members: — Here are some items that should be of interest to all members: 1- Gloria Corpian tells us that our annual picnic is scheduled for Saturday, August 27, 1983. More details will be given you as they are finalized. 2- We have been advised that the tax base on lot 11 has been reduced from $5500.00 to $1500.00 (resale value). Taxes are calculated at 40% of resale times the current mill rate of 107.564. 1982 taxes were $236.66, 1983 should be about $64.00. 3- We are continuing our inquiry with the DNR for restoring lot 11. So far it doesn't look very favorable. Ther insist, so far at least, that the cause of the trouble be eliminated before restor- ation be considered. WE NEED TO HAVE LOT 11 SURVEYED to estab- lish just where the boundaries are. There is a $300.00 contri- bution on hand, also several hundred dollars in our treasury. We need a few more dollars from the members to get the job done ! PLEASE - let's have some input from the membership and get this job done and behind us. 4—. 4- We have been successful in getting some much needed help from the good people at City Hall in Chanhassen. Minnewashta Ave. (now Sandpiper Trail) has been set aside for our exclusive use as lake access in exchange for our work of filling up the holes and keeping it clean and orderly. We will have a letter next week setting down the exact details, which appear to be this: We may clean up the docking area, that is, manually remove the floating cattails and aquatic grass, weeds, etc., in the dock- ing area. .WE NEED HELP! Let Howard Schmidt and/or Art Kimber know who can be called on to do this job. We may not, and PLEASE DON'T leave your boats on the roadway. We are allowed only 10 docking spaces at the dock (5 each side) . From past experience this should handle our needs--only one boat per family, and rotate time if we have to. 5- This arrangement with the city is only temporary! They may choose to pursue vacating procedures--replot the area southeast of Sandpiper Trail and change Minnewashta Avenue--who knows? It could happen any time--a year, 10 years, never! Who knows? The city is going to do some work on a storm sewer, drain, what- ever it takes to keep the rainwater flowing down Tanagers Lane . from flooding Pfeffer's house and garage. Pfeffers may need some help in relocating or disposing of their stuff now in the roadway. When the final word on the clearing of Minnewashta Ave. is received, perhaps we can be of some help to them in cleaning it up. From then on it's our job. In closing, we all lost a very good friend and neighbor when God called Loretta Miller home. Our heartfelt sympathy to her family goes with this note--and our door is always open. Come visit us whenever the days get long. Sincerely, Art and Ronnie Kimber July 13, 1983 — DATE: July 13, 1983 TO: The Members of Minnewashta Home Owners ' Association, Inc. Attached are the revised by-laws for your association. They are the rules by which we operate our association, please refer to them whenever there is a question about conducting the business of our associa tion. There are a few articles that we should note carefully: Your officers are elected for one year only. Your c-ommittee chairpersons are appointed by the president, subject to the approval. of the Board of Directors. These chairpersons also .serve only one year; they may, however, be reappointed by the incoming president and approved by the incoming Board of Directors. One year's officers are not authorized or privileged to extend the term of office of any chairperson, nor their responsibilities for a period longer than one year. If we find that we need new direction for our efforts in conducting the business of our association that cannot be handled by the present by-laws; refer to Article XI, Section 1. Follow the directions set forth there to revise, delete, or introduce new articles. These by-laws are on file at the Carver County Recorder's Office, Carver County Courthouse, Chaska, Minnesota ART KIMBER • C ) X-'1/ LiL 1.�1,L •k. • T � iirse."-M- ..4-7.-tp i r0 }�_ C t_ 1 3 1 q7 �3 i\.��t- .�.• J G�''rr' •J"��—kf.! y ce6/..i.�"C ,/ i v J_ L-?-7L.Jc•C pZ LG-� L 12R/zfw2zstzzsRs ... .� A , 7h Z4 44 the debut i - u.e o neww 4 hta I"anA t-i4 m4. Thank4 to Tom Schoenecke.t of the, name.! Octobe.t 1, 1983 Feet-ing t Vection Set Su-weg. Re4u Mete wilt. be a mteetAng Ptopo4t.t.ian R: (abandon .the tot) 2 Pt the o 4 e 04 e.L.ec t-in4 Ptvpp 4i inn B: (;igh DIU). . . 4 1984 o Lce tis o4 the lllano.t Ptapa4t.t ion Qthe t: 21 Honeown.e'4 R44 'n on Octal/et 17, 1983, 7:30 p.m. at the Ptopa4t,ti.on Othet, wa4, .in e.{ .ect, Xtinbet'4 hau4e. Plea4e a "m,i.ddLe-off-,the-toad" pa4iti.on which mark gout caten.dat and 4a.id, "Le t'4 accept the ci.tg'4 a-.;e t o; - pLan on being g thele! the u4e o; fl nn.ewa4hta Avenue, 4x it up, and Let it go at that". &au t i.{-i-cation P4oiec t4 nointrattng Committee ;.irtL he wotk 34 out TaLL weathet hatd4, thee, ate two pitot.e.ct4 we could do .in the Eang thanks to B i,(.L. X i.l,Gg, ne.igh.bo Ah.o o d. Tho 4 e ate: pta nt ng Ruth Sch.:..id t and Xathg Hawt cg dot 4htub4 bg. out rarw2 4t.gn4 and cLea2L 4e2c:-ing a4 the ncn,ir at.ir g COM- f,".innewa4h.ta Avenue (btu4h, weeds, etc). m,it t ee thio g ea t. The O to t o o; i.i,w ne in t.ete4 t ed in h.e Lp.in g out candi.date4 dot o1.{Lce ate: on eit est apt both o; the4e wo.tk pLan4, Pte idem. . �eotge flock ptea4e tt the IT,i.e.Lke'o. Toad and (ap.antg ) wilt PLLow of alt LLLce-Pte4. . . I ie.LLe wo,keno r r Sec e 444. . . .Catot Ha gbe tg T tea 4 u tet. . . .Ruth ,c ezaid,t f-itecto t . . . .fn-t4 co e.de rimi- 'ano t-44m4 nccotding to out bg.-taw4, ?aut. Schumache J. home a{,tett two "addt.tLonaL nor-inert i.an4 nag be we.ek4 at the ha4pJAat and 4utgetg on h,i.a made torn the ;taut pitovLded that tight ;oat a;.test it tongLed with the Lawn the cor,4ent o; the pe44on4 nocwz- a.owet one euening ,in Septembet. He ha4 a aced ha4 been obtained". 4peciat tit; on h.i4 foot which enable-4 him to walk and get a to and white h.i4 toe4 Tho4e e.Li.gibte to vote wilt continue to heal. be aeabet4 .in good 4tanding who have paid 1983 due L7,4 the date. ...4k o� the neeting. lJoutd arvtane be .irt,teJtested in attend- ing m.eetin.g4 o; the flL-Lr.etonka School Boatd and keeping the I"arwt aduL ed o; peAtinent i44ue4? ;Jackie l ietke ha4 o44ted to ttg The Ca4e of the li'-e44-eng 7.ackni4 and keep teack o4 Chanha44eh Planning and Cttg ha ppen.ing4. Dote than one pet4 on C4U-44 La4t 4een at the Gcan.o.t ptciLc be .involved and attendance at meet.ing4 couLd cutting the 4t2ing4 with the bat- be 4hated. Ptea4e colt ;ackLe th-i4 Loo n4 on the endo a the k.id4 ' a p,:.eat4 to go u. ank.Le4. Rru,one who can heLp 4oLue .... the ca4e, pLea4e catt Stele Pe te/4on. ne i,ghbothood new4? Catt 474-8379. .",''��'7E•✓T 6p/S1 ' ct /C6 -- /o.c • Constitution and By - Laws of Minnewashta Manor Home Owners Association Article I — Name The name of this organization shall be Minnewashta Manor Home Owners Association, Inc. Article II — Purpose The purpose of this Association shall be to stimulate the interest of residents of Minnewashta Manor, in community interests, health, safety and general welfore of the residents in the area. Article III — Policies This Association shall be noncommercial, nonprofit, nonpolitical and non- sectarian. The name of the Associationor its officers, in its or their official capacities, shall not be used in any connection with a commercial or with a political campaign. Article IV - Membership and Dues Section I. Membership in this Association shall be open to all property owners who own land or reside in the plat of Minnewashta Manor. Section 2. An eligible property owner may become a member of this Associ— ation upon remittance of an initiation fee of Twenty Dollars ($20.00) plus the pro rata share of the cost of all improvements to real estate owned by the Association assessed against the eligible owner's property and unpaid and annual dues of fifteen dollars ($15.00). Section 3. The fiscal year of the Association shall be the same as the calen- dar year. Article V — Officers and Directors Section 1. The officers of the Association shall be a President, a Vice President, a secretary and a Treasurer. There shall be one additional director, a preceding board officer, elected by the membership at an annual election. Section 2. These officers and directors shall constitute the Board of Directors which shall manage all the business of this Association. Officers and directors shall be members of the Association and shall serve without compensation. Section 3. Three or more members of the Board of Directors present and voting at a meeting shall constitute a quorum. (1) �U� Article VI - Duties of Officers and Directors Section 1. The President shall (a) preside at meetings of the Association and of the Board of Directors; (b) appoint all committee chairmen subject to the approval of the Board of Directors; (c) be an ex-officio member of all committees. Section 2. The Vice President shall act as an aide to the President and in the absence of the President, shall perform all the duties of that office. Section 3. The Secretary shall keep an accurate record of all meetings of the Associ- ation and Board of Directors; he shall give proper notice of meetings to members and directors; and shall perform such other duties as may be deligated to him by the Board of Directors. Section 4. The Treasurer shall keep an accurate account of all monies of the Association received and disbursed. He shall deposit all monies, drafts and checks in the name of the Association in such banks and depositories as a majority(_ of the Board of Directors shall designate from time to time. He shall have power to endorse all notes, checks and drafts received by the Association. He shall disburse the funds of the Association only as ordered by the Board of Directors, and all checks must be countersigned by at least one other duly-elected officer of the Association. He shall render to the President and Directors, whenever required, and also at the annual meeting, an account of all transactions as Treasurer and of the financial condition of the Association. An audit shall be made at the end of each fiscal year of the Treasurer's report. Section 5. The Board of Directors shall not contract any corporate liability for more than three hundred dollars ($300.00) without first calling a meeting of the membership and receiving approval of two-thirds of the membership in writing. Article VII - Meetings Section 1. Meeting of the membership will be held bi-annually or at the call of the Board of Directors. Section 2. One meeting for the purpose of electing officers and a Director will be held in October. A second meeting for the purpose of handling general business will be held in January. Time, date and place to be determined by the appropriate presiding board of Directors. Section 3. The Board of Directors shall meet from time to time, and at such time and place as may be determined by a majority of its members, provided that a minimum of four meetings is held each year. Special meetings of the Board of Directors may be called by the President or by any two directors. Notice of such special meetings shall be given by the secretary to each director at least twentyfour (24) hours in advance by mail, telegraph, telephone or in person. (2) /c'7 Article VIII . Committees Section1. Standing committees shall be Civic (schools, township planning, roads etc.), Finance, Membership (telephone), and recreation (boat slip and playground area). Special committees may be named from time to time as seems necessary in the opinion of the Board of Directors. Section 2. All chairmen of standing committees shall be members of the Board of Directors and shall present plans for the approval of that Board. Section 3. Chairmen of standing committees can appoint committee members from the membership. Article I X - Nominations and Elections Section1. The terms of the officers of this Association shall be for one (1) year. Elected members of the Board of Directors shall s erve for a one year term. All officers and elected members of the Board of Directors shall assume the responsibilities of their offices on January 1, following their election. Section 2. A Nominating Committee of not more than five (5) members shall be named by the Board of Directors at least thirty (30) days before the annual election meeting. It shall be the duty of this committee to submit the name of one candidate whose consent has been obtained for each office to be filled. Additional nominations may be made from the floor provided that the consent of the person nominated has been obtained. Public notice of the election meeting and report of the Nominating Committee shall be given not less than fifteen (15) days prior to the date of the meeting. Section 3. All those who are members in good standing on the date of the official publication of notice of meeting shall be entitled to vote at the election meeting. a Plurality of those present and voting shall constitute an election. _ Section 4. In the event of but one (1) nominee, it shall be in order to instruct the Secretary to cast the elective ballot. Article X - Resignations and Vacancies Section 1. The resignation of any member of the Board of Directors shall be submitted in writing to the President and shall take effect when accepted by the Board of Directors. Section 2. The Board of Directors shall fill all vacancies in officer and director positions of the Association occuring between elections by a majority vote of the remaining members _ of the Board, such appointment to remain in effect until the next annual meeting when an election will be held. Vacancies shall be filled within thirty (30) days or before the next meeting of the Board. (3) /0c9 Article XI - Amendments Section 1. These By-Laws may be amended at any meeting of the membership by two-thirds of the members in writing provided that written notice of the proposed amendments has been given to the members at least fifteen (15) days prior to the date of the meeting at which the amendments are to be considered. Article XII Roberts Rules of Order Revised shall govern the conduct of corporate affairs where no — specific provision has been made in these By-Laws. APPROVED BY THE MEMBERSHIP May, 1983 Alan Tollefson -- Se�ry "7/444s 4.,s cs4%.t. 4-( 3G ahrr (4) /O.9 • March 8, 1993 IN RE: your vote on the extension of MMHOA membership In reply to the Question about accepting non-resident or non- - property owners for membership_ into ?'innewashta Manor Home Owners ' , Inc . : It would seem to me that there are some very important questions that must be answered before we can vote yes or no on that question. First, we must consider the Articles of Incorporation (granted March 18, 1961) : Article 1--Name : Minnewashta Manor Home Owners, Inc . — Article 2--The purpose of this corporation shall be to stimulate the interest of the residents of Minnewashta Manor in community health, safety and the general welfare of the residents in the area , and do all things reasonably necessary to fulfill its porpose, including buttnot limited to the power to lease, put- - chase , hold and improve real estate . Article 3--This corporation shall not afford pecuniary `air, incidentally or otherwise, to its members . irticle '--The period of duration of corporate existence : corporation shall be perpetual. The corporation shall be a nonprofit corporation, • pursuant to the provision of Chapter 317 of ?;ir_nesota Statutes. ?Members shall not be personally liable for corporate obligations . There shall be no capital stock in this corporation. f:rticle 5--Membership ai;d dues Section 1: Membership in this association shall be open to all property owners who own land or reside in the platted area of Minnewashta Manor (one may choose to;;belong or not ) . — believe that inasmuch as they do not meet the. require- ment (the section west of the Manor is now shown in Survey #10 as Tract A, also the land belonging to Arnie and Mrs . Neumann is in another development called Manor Park . Residents of both areas could have a conflict of interest with the residents of the I:anor. I assume they could be given an associate membership (social) — and not be obligated financially, to the Manor, as we in the Eanor would not be obligated to help in the development of their area. _ Then membership would be strictly nor.-voting, a social member- ship. As of this date ( arch 1, 1981) the records have been searched — by the Carver County Bureau of Records and we found •a verifica- tion of these facts : The property at 2841 Sandpiper Trail and 2831 Sandpiper Trail was developed under the Plat of Minnewashta Park Addition, and the property of 2961, 2941 and 2971 Washta Bay Road is _ listed under Survey #10. Tract A. There is no evidence that it has ever been added to the plat of Minnewashta Manor (See Document #3239, Certificate 1973, Book 7, Page 143, dated 13th of March, 1947. ) — They are not owners of property in or residents of Minnewashta Manor so do not qualify for membership in our Homeowners ' Associatimn. Furthermore, there is, inasmuch as they are undeveloped, a question of 'conflict of interest ' (Boat dock cost and maintenance, maintenance of Minnewashta &venue for lake access, furnish them with dock space (not enough now for eligible...mtmbers living in the Manor) allowing people living outside the Manor to have a voice in propositions requiring a 2/3 majority vote, pro or con, hry issue:. — : hen they developed the Minnewashta Woods addition, the pec;.le of the Manor considered this same proposition, and after careful consideration voted against it, aminly because we would lose control of our Homeowners ' kssociatien. Cne or two items that must be noted : Expenditures over P300.00 — and changes in the By-Laws : The officers and committee members are not authorized to act independently of the members in onr1 standing. — \The members must be polled for their decisions , twO thirds of themembers must eitherpprove or disapprove the matter to make it S C . Cne last item : on or about October 1, 1983, the proposition of vacating Minnewashta Avenue was presented to the association. :?e voted on three propositions : l-igro;nngdj(the lot (2 votes) — 2--take legal action against the XT. (this required '800.00 in advance for court costs (4 vote a) , and, 3--accept a middle of the road position and accept the city' s offer of the use of Minnewashta Avenue as our lake access, fix it up and let it go at that (27 votes) . That same proposition is being extended now. We should be receiving a letter tc that effect within a few days The CityPlanning Commission said they could not guarantee the commissioner 's division of prorerty if the road was vacated . 47/. ,47 MR. PETERSON, REGARDING YOUR QUESTION CONCERNING MY OPPOSITION TO AN ADDITIONAL SECTION OF DOCK BEING ATTACHED TO THE EXISTING HOMEOWNERS DOCK IN THE NORTHERLY DIRECTION, I SHOULD LIKE TO STATE MY OPPOSITION. THE ADDITION OF ANOTHER DOCK SECTION WILL BE VERY APPARENT TO MY VIEW FROM MY DECK WHERE CONSIDERABLE TIME IS SPENT DURING THE SUMMER. OBVIOUSLY THIS WILL IMPOSE A CONSIDERABLE EYESORE. LOGICALLY HAD NOT I AND OTHER CHANNEL SHORE MEMBERS SPENT APPROXIMATELY $25000 TO DREDGE THE CHANNEL AND IMPROVE THE DEPTH YOUR ORGANIZATION WOULD NOT CONSIDER THE ADDITION OF ANOTHER DOCK SECTION. IN OTHER WORDS IMPROVING THE CHANNEL IN FRONT OF MY PROPERTY WILL HAVE A NET RESULT OF AN OVERALL DETRIMENT TO MYSELF AND FAMILY, THIS IS NOT RIGHT IN MY OPINION. I HAVE NO OPPOSITION TO IMPROVING THE EXISTING DOCK SINCE IT IS CURRENTLY A HAZARD TO ANYONE WHO USES IT, BUT I AM OPPOSED TO ANY ADDITIONAL DOCK AREA. WHEN THE WATER LEVEL REACHES ITS NORMAL HEIGHT THE ORGINAL DOCK LOCATION WILL ALLOW ADAQUATE DOCKAGE AREA. SINCERELY, HERB PFEFFER Dear Herb & Pat, Stew Peterson and I were discussing the dock drawings that I had done for the Homeowners Association of which you and I are members. — It was brought to my attention that you objected to the extension on the proposed dock. — I think you and we share a lot of common conditions. We've got the easement that many people believe to be public, and it's not. — We also have to watch everyone to the east of us drive their boats in and out of the channel at (now) fairly close range. However, that is part of lake living and weknew that (or mostly understood that) when we moved in16 years ago. The Homeowners Association does own a piece of property there and does have a road to it. And I agree that fixing the present dock is necessary, but I don't agree that the extension will be that obvious and it is, — in fact, necessary at this time. The Homeowners could not participate in the dredging because the DNR would not allow it. (Which frankly does not make any sense at all) We've got some complaints here and as you know.. it cost us too. But let's remember that we're a community and there must be some give- and-take. At any rate, the extension won't even come over to your property line. — It will blend in quite well I'm sure. The Homeowners will be cleaning up the road-way which will affect you directly because you have things — stored there but it will look better for everyone concerned. When the water does come up, if the dock has been a real 'eyesore", I'm sure the Homeowners would oblige you and remove that extension. I must take this opportunity however, to disagree with what you said about this extension being a "considerable eyesore and a detriment".. . I think that is truly a bit of a stretch. Your Sincerely, an Tollefson • READY MIX BITUMINOUS - PAVING - MILLING - RECYCLE YARDS NAPA I DW EST ` ....7.1,.. ..,...•,—, SP EDEN PRAIRIE 937-8034 ORPORATION NEW BRIGHTON 636-3707 ! . 6350 Industrial Drive 1400 010 Highway 8 OFFICE 937-8033 BOX 5477 — HOPKINS, MINNESOTA 1 #0_ _ . -- . - "eflaAr 47-6-03,---. ."1"0; ,-rf-f--e--Z"..,p if," a/ 4 iiitr -.. /404 "Ie.-74 •e411 6.•4 l.,4"41 ,017-ye:le.e.%,4f,e-- . S�,c Ill.‘idr. c/amu% . . i-A-;/-,d' A r 0=.i l le-ef ..Z, ,00.- . - 1 ,op-,-,_iejzt, ./_ ,tom, s AC.® % Planning Commission Meeting November 4 , 1992 - Page 56 Erhart : Second . Ledvina moved , Erhart seconded to table the the Non-Conforming Use Permit- for ermitfor a Recreational Beachlot for Minnewashta Manor Homeowners Association for further review _ All voted in favor and the motion carried . PUBLIC HEARING: WETLAND ORDINANCE AMENDMENT AMENDING THE WETLAND ORDINANCE . Public Present: Name Address Frank Svoboda Bear Lake Wetlands Center 22752 CR 7 , Hutchinson , MN Tom Kotsonas 8001 Cheyenne Avenue Jo Ann Olsen presented the staff report on this item . - Batzli : Philosophically , for the people that weren 't part of the wetlands/SWMP committee , why is it better to provide a buffer strip and _ allow buildings closer to the wetlands and under the old system where there was a 75 foot setback? Olsen: The old system with the 75 foot setback did maintain a structure - to be back further . But we were having lots of problems where there 'd be a manicured lawn or there 'd be alteration right up to the edge of the wetland and we were finding that that was actually causing more harm to — the wetland than the structure . And we 're finding , in speaking with other wetland experts , that it 's not necessary that 75 feet isn 't protecting the wetland necessarily . All it really is is visually and _ that if you have a buffer strip that 's protected and it has that vegetation there to provide habitat and food for the wildlife and also it just provides protection from actual alteration to the wetland itself . That that 's more important and that a deterrent for being provided with - that buffer that we could allow the structure to be closer . And actually it 's not the structure 's aren 't really moving from 75 feet to 40 feet . That includes the buffer strip so at a minimum the buffer strips I - believe are still 50 feet . The structures would still be 50 feet from the wetland edge . So that 's still a pretty substantial setback . Batzli : I 'm sorry , minimum , as long as it 's not a utilized use . Olsen: Right . Batzli : So Ag-Urban above , it would be 50 minimum . Natural 60 . Pristine 150 . Olsen: Right . Utilized , we 're saying that that 's not even a wetland. That 's a storm water pond and that 's the way it should be considered . So that 's our philosophy on that . I don 't know if Frank wants to add any more on that but . — Planning Commission Meeting November 4 , 1992 - Page 55 Herb Pfeffer : My name is Herb Pfeffer , 2850 Tanager Lane . I live in Lot 10 . That 's my residence there and as long as this is going to be tabled , I suppose that 's fine because I can come up with more data at a later date but the only problem I have with the lot , or with the dock is that originally when I moved in it was a single , two plank dock going straight out from actually the road . I think it was 4 years ago when we had the drought we dredged the channel out . At that time a T was added . An L was added to the dock to get access to the water which was navigable so to speak . But that does put it right on my lot line into their dock . And I haven 't had a problem yet but there 's nothing to prevent anything from happening I suppose in the future . Legally to have water go down again and let 's say a pontoon is placed at the end of that L section , which basically is over my water which is my lot . See the way this was plotted out , what 's shown there is the high water mark . The low water mark is , I mean this is the low water mark that you 've got up there . The high water mark is to a point where right about in that intersection where it says Lot 10 and the angular effect . That 's about where the water is right now . So if you extrapulated and assumed the dock was out to the end of that lot line , and then go say another 20 feet with a boat or a pontoon or something like that , well that would really obstruct my view . I wouldn 't care for that one bit because that would be on my property . - Batzli : So the dock , the addition of the L shape was within the last several years? Herb Pfeffer : Yes . And now apparently that 's illegal because it 's on the lot line . Aanenson: I spoke to Mr . Pfeffer this week . That 's why I got a legal opinion on this issue . The dredging did not go to the beachlot 's lot . It stopped at the edge of Mr . Pfeffer 's property . In order to get the depth of the boats , they bring it all the way up to the edge of the property . Batzli : But what we 're trying to do is determine the intensity of the use of the beachlots back in 1981 . And so . Herb Pfeffer : In '81 there was no L . Batzli : Right , and so if we were to allow them to put in the L , if you will , it 's my understanding that we might be able to put some sort of condition on that since that would be an intensification of the use over a period of time . So I think what we should do is table this and that needs to be resolved to everyone 's obviously satisfaction here so that we don 't intensify the use over what it was in 1981 , but at the same time allow them some use of their lot . Herb Pfeffer : Fine with me . Thank you . Batzli : Did you want to address the Commission? Okay . Thank you for coming in . Is there a motion to table this matter? Ledvina : So moved . Planning Commission Meeting November 4 , 1992 - Page 54 Batzli : Okay . I 'd like to hear first from the President of the Association if I could . Don Crenshaw: My name is Don Crenshaw . I live at 2961 Washta Bay Road and a situation 's arisen that the Association 's not very well aware of what the Council wants from us or where the situation is . Unfortunately our little corner of Chanhassen likes to think it 's in Excelsior and we for example don 't get the Villager . So no one in our neighborhood was aware of this meeting and this being on the agenda . One letter arrived - to someone in the neighborhood that eventually , through a series of phon' calls , got to me late last night and I 'm here basically in a situation of ignorance trying to gather as much information as I can to represent the _ Association . Batzli : Do you understand that what we 're doing here is a process of bringing in all of the old time beachlots? Are you generally aware that _ that 's why we 're here tonight? Don Crenshaw: Yes I am . — Batzli : Have you had a chance to look at the application that was submitted on behalf of your Association , even though you didn 't know it _ was being submitted? Don Crenshaw: No I haven 't . When I found out about that last night , I made efforts to get in touch with Jim Senst and I talked to him but - didn 't get a chance before I had to come to the meeting to actually get < look at what he submitted . Aanenson: The gentleman that had to leave , it 's the other gentleman in the association that has seen that . Let me just clarify why you didn 't get notice . What we 've done with these is we 've worked through the Association President . We notice everybody on the lake so there are some people that did get notice in the Association that are lakeshore owners . Otherwise what we 've done is work through the Association President , that 's where there was a downfall . It was our understanding that he was the Association President and since he sent me back the application , that 's what I was under the assumption of , so I apologize for that . Batzli : So if you had your druthers tonight , while we 're figuring out our issues on access and things like that , would you want this matter tabled so you can review your application to see if it 's what your association wants? Don Crenshaw: Yes , please . Batzli : And you now have his name and address so we can send notice to the right people? I would like to hear if either one of the other two gentlemen that have stayed , if you have any other comments . I don 't mean_ to cut you off but if either of you two have something to say , I 'd be happy to hear you tonight so that you don 't have to come back in or you 're always welcome to come back in next time this is on our agenda . Whichever you prefer . Planning Commission Meeting November 4 , 1992 - Page 53 PUBLIC HEARING: NON-CONFORMING USE PERMIT FOR A RECREATIONAL BEACHLOT FOR MINNEWASHTA = MANOR HOMEOWNERS ASSOCIATION LOCATED ON THE NORTH SIDE OF LAKE MINNEWASHTA _ Public Present: Name Address Wayne Holzer 2911 Washta Bay Road , Excelsior Don Crenshaw 2961 Washta Bay Road , Excelsior Herb Pfeffer 2850 Tanager Lane Kate Aanenson presented the staff report on this item . Farmakes: Are you comfortable with the documentations that we 're holding — these other applicants to? They they really address that . In general terms that addressed that but it says that there was no record . Aanenson: Right . The gentleman that had to leave earlier was a Mr . Kimber and he 's lived in that neighborhood for 20 some years I believe . 25 years . And he had numerous documentation . He also did , we were trying to find a letter that was sent to him by Bill Monk that said if we vacated this street , that the Association would get all rights to that street vacation . In speaking with Roger Knutson today , the City Attorney , he said normally it 's turned over to the court and it 's split 3 ways so again , what we are recommending , if he can get , if the Association can get this property owner . This property all right here is served by private drive so a majority of this underneath here is under water . If this gentleman here is willing to quit claim to them his portion of that , that would give them more access because otherwise all they have is a very narrow strip . There 's nowhere to stand or anything like that . So all they do is go down there . Launch their boats or use the 2 boats that are at the dock . Erhart : So are you proposing to table this? Aanenson: No . I think the Association may want it tabled because I think that they 're feeling like , let me pass this picture around that was given by Mr . Kimber , the gentleman that had to leave , showing you how they get access . Batzli : In the meantime , since several people have stayed , I do want to hear from them . If the three of you , do any of you , I should say , are any of you with the Association? Don Crenshaw: Yes , I 'm President of the Association . Batzli : Are you other two gentlemen here on this issue? Are you with the Association? Herb Faber : I 'm a member of the Association but I live on the canal there so I was here as a matter of interest . .r S ..„.• .01"1.rif td- _ f. Ilia r "I": iiitet i_ NOTICE OF PUBLIC HEARING ry�---= �1 �1I!°111 ,NK AN " ' Sub �+ �, ;. PLANNING COMMISSION MEETING) lie- j' \ - Wednesday, June 16, 1993 - 7:30 P.M. r`� L,,,,� ��,,� City Hall Council Chambers K E �11�� p • ' , — 690 Coulter Drive w a s N r A AE Project: Minnewashta Manor Non- �; _ _ . -AtRir F7 Conforming Recreational ., I — Beachlotr�� , Developer: Minnewashta Manor , �..�^'' 9 I Homeowners Association 13 ,`` o Location: Lake Minnewashta 44. - , a I c\ -i Notice: You are invited to attend a public hearing about a development proposed in _ your area. Minnewashta Manor Homeowners Association has applied for a non-conforming use permit for their recreational beachlot. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Planning Commission Chair will lead the public hearing — through the following steps: 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. _ 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. Questions or Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Kate Aanenson at 937-1900. If you — choose to submit written comments, it is helpful to have one copy to the Planning Department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on June 3, 1993. y r. ts\.. ), 4i < LL CHARLES ANDING HELEN M ANDING CHESTER LOBITZ 3631 SO CEDAR 1708 EAST 57TH STREET 3637 SO CEDAR EXCELSIOR, MN 55331 MINNEAPOLIS, MN 55417 EXCELSIOR, MN 55331 NICHOLAS F HAWLEY NICHOLAS F HAWLEY ANDREW L JENSEN 1920 SO 1ST STREET 1920 SO 1ST STREET 3705 SO CEDAR APT 1 APT 1 EXCELSIOR, MN 55331 MINNEAPOLIS, MN 55454 MINNEAPOLIS, MN 55454 DAVID HEMPEL BLAKE HORTON CLIFF PEDERSEN 3707 SO CEDAR 3711 SO CEDAR 3713 SO CEDAR EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 -RICHARD ANDING KEVIN EIDE TIM SCHWEIZER 3715 SO CEDAR 3719 SO CEDAR BOX 115 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 NORWOOD, MN 55368 WILLIAM HAUGH RAFAEL FERNANDEZ DANIEL HERBST 3727 SO CEDAR 7620 CRIMSON BAY ROAD 7640 CRIMSON BAY ROAD EXCELSIOR, MN 55331 CHASKA, MN 55318 CHASKA, MN 55318 JAMES REYNOLDS PATRICK BAUER FRED C HYDE 7660 CRIMSON BAY ROAD 7404 FRONTER TRAIL 3740 PURITAN DR -CHASKA, MN 55318 CHANHASSEN, MN 55317 BRUNSWICK, OH 44212 FRED HYDE ROBERT J ROY DONALD SUEKER 109 GOOD LUCK LANE 3110 DARTMOUTH DR 3111 DARTMOUTH DR _OARS, PA 16046 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 JOSEPH FIEDLER TED I BIGOS JOSEPH BOYER 3121 DARTMOUTH DR 3221 HIGHWAY 7 3630 VIRGINIA AVENUE :XCELSIOR, MN 55331 EXCELSIOR, MN 55331 WAYZATA, MN 55391 _!AMES GINTHER THOMAS MERZ STEVE MARTIN 3131 DARTMOUTH DR 3201 DARTMOUTH DR 3211 DARTMOUTH DR rXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 OHN WEBER PAULA ROETTGER PAULA S ROETTGER -.220 DARTMOUTH DR 3221 DARTMOUTH DR 3221 DARTMOUTH DR EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 ARVID OAS MARY J. MOORE WARREN HANSON 3230 DARTMOUTH DR 3231 DARTMOUTH DR 3241 DARTMOUTH DR EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 SCOTT HANSON KURT WEIMER ANTON GUENTHER 6201 DOGWOOD 6211 DOGWOOD 6221 DOGWOOD EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 KENNETH HOGAN JEFF STEINKE CHARLES E ELY 6231 DOGWOOD 6240 DOGWOOD 6241 DOGWOOD EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 TOM ADCOX WILLIS MACKLIN TOM HUNTINGTON 6250 DOGWOOD 6251 DOGWOOD 6300 DOGWOOD EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 CARL A. FLOREN ALLEN CLAPP MARK LEITNER 6301 DOGWOOD 6310 DOGWOOD 6311 DOGWOOD EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 MELVIN OESTREICH MICHAEL SAUL AND CARLSON FRANK MITCHELL 6320 DOGWOOD 6321 DOGWOOD 6330 DOGWOOD EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 ALLEN LEIDING ROGER SPENCER MURIEL DRESSLER 6331 DOGWOOD 6340 DOGWOOD 6341 DOGWOOD EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 MICHAEL SCHACHTERLE JOE KASPER ROGER W. OAS 6350 DOGWOOD 411 CIMARRON CIRCLE 7301 DOGWOOD EXCELSIOR, MN 55331 Excelsior, MN 55331 EXCELSIOR, MN 55331 ANN OLSON MARTIN JONES JANET M QUIST ETAL COLDWELL BANKER 7321 DOGWOOD 7331 DOGWOOD 17601 HIGHWAY 7 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 MINNETONKA, MN 55345 RICHARD LUNDELL JOHN T FOLEY PETER BRANDT 7341 DOGWOOD 80 SO INDIAN ROCKS ROAD 7570 DOGWOOD ROAD EXCELSIOR, MN 55331 BELLEAIR BLUFFS, FL 33540 Excelsior, MN 55331 _TOM RUHLAND MARVIN ONKEN JAMES THOMPSON 6211 GREENBRIAR 6221 GREENBRIAR 951 PENAMINT COURT EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 Excelsior, MN 55331 RICK AMENT MCINERNY PATRICIA HARLAN WATERHOUSE 6301 GREENBRIAR 6311 GREENBRIAR 6321 GREENBRIAR CHANHASSEN, MN 55317 Excelsior, MN 55331 Excelsior, MN 55331 C L JOHNSON CHRISTOPHER BAKER OLIVE G SCHMIERER 6331 GREENBRIAR 6340 GREENBRIAR 6341 GREENBRIAR - Excelsior, MN 55331 EXCELSIOR, MN 55331 Excelsior, MN 55331 STEVE EMMINGS ANNALEE HANSON EDWARD MONSER 6350 GREENBRIAR 6400 GREENBRIAR 3920 HAWTHORNE CIRCLE Excelsior, MN 55331 Excelsior, MN 55331 EXCELSIOR, MN 55331 DAVID PETERJOHN EDWARD V. OATHOUT REMAX RESULTS 3921 HAWTHORNE CIRCLE 3940 HAWTHORNE CIRCLE JULIE SAHLEN/SUITE 206 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 277 COON RAPIDS BLVD COON RAPIDS, MN 55433 SAMUEL POTTS JAMES J MOORE ED PETERSON --3628 HICKORY 3630 HICKORY 2219 ARTHUR STREET NE EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 MINNEAPOLIS, MN 55418 GREG BOHRER ALFRED SMITH TIMOTHY RAIDT 3706 HICKORY 3714 HICKORY 3715 HICKORY -EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 MARVIN YORK TIMOTHY NELSON JOAN E RASK 3716 HICKORY 3724 HICKORY 1030 BRIDGE STREET EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 SHOREVIEW, MN 55126 -LOUIS PARSONS SUSAN MORGAN KEVIN GUTZKE 3732 HICKORY 3734 HICKORY 3735 HICKORY :XCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 : & W PROPERTIES ROY LEACH MICHAEL D TIMM -P.O. BOX 275 3738 HICKORY 3733 HICKORY ROAD CHASKA, MN 55318 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 JOSEPH BOYER THEODORE BIGOS KENNETH C DURR 3630 VIRGINIA AVENUE 3221 HIGHWAY 7 4830 WESTGATE ROAD WAYZATA, MN 55391 Excelsior, MN 55331 MINNETONKA, MN 55345 RICHARD ZWEIG ROBERT W HEBEISEN THOMAS WRIGHT 3601 IRONWOOD 3607 IRONWOOD 3611 IRONWOOD EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 DONNA HOELKE JOSEPH W MITLYNG SCOTT GAUER 3621 IRONWOOD 3800 LONE CEDAR LANE 3820 LONE CEDAR LANE EXCELSIOR, MN 55331 CHASKA, MN 55318 CHASKA, MN 55318 JOSEPH STASNEY ARNOLD HED STEPHEN VONBEVERN 3840 LONE CEDAR LANE 3860 LONE CEDAR LANE PO BOX 874 CHASKA, MN 55318 CHASKA, MN 55318 CHANHASSEN, MN 55317 ARNOLD HED GARY MECUS JAMES LIPE 3860 LONE CEDAR LANE 3861 LONE CEDAR LANE 3880 LONE CEDAR LANE CHASKA, MN 55318 CHASKA, MN 55318 CHASKA, MN 55318 DANIEL HUDSON MICHAEL A JUREWICZ GORDON FREEBURG 3881 LONE CEDAR LANE 3890 LONE CEDAR LANE 3891 LONE CEDAR LANE CHASKA, MN 55318 CHASKA, MN 55318 Chaska, MN 55318 DAN PETERJOHN JOEL ANDERSON JOHN FERM 3892 LONE CEDAR LANE 3894 LONE CEDAR LANE 3895 LONE CEDAR LANE — CHASKA, MN 55318 CHASKA, MN 55318 CHASKA, MN 55318 JEROME S AHLMAN DAVID TESTER TERRANCE JOHNSON 3896 LONE CEDAR LANE 3897 LONE CEDAR LANE 3898 LONE CEDAR LANE CHASKA, MN 55318 CHASKA, MN 55318 CHASKA, MN 55318 JOHN MERZ RAYMOND BERRY GERALD KELLY 3900 LONE CEDAR LANE 3830 MAPLE SHORES DR 3841 MAPLE SHORES DRIVE CHASKA, MN 55318 Excelsior, MN 55331 EXCELSIOR, MN 55331 GERALD E BARBER EAGLE FOOD CENTERS INC SCOTT HOWARD 2201 STREET ANDREWS CIRCLE PO BOX 6700 3861 MAPLE SHORES DR BETTENDORF, IA 52722 ROCK ISLAND, IL 61204 Excelsior, MN 55331 GERALD BARBER SUSAN L JASIN BRADLEY D. STRAKA _ 2201 STREET ANDREWS CIRCLE 425 CHAN VIEW #312 3881 MAPLE SHORES DR BETTENDORF, IA 52722 CHANHASSEN, MN 55317 Excelsior, MN 55331 BARBARA SCOULER LANCE PARROW/MARY KRASKY LANCE PARROW 3890 MAPLE SHORES DR 38000 CAMDEN STREET #106 1652 CHURCH LAKE ROAD — Excelsior, MN 55331 FREMONT, CA 94536 VICTORIA, MN 55386 DENNIS W SHAFER KIRK EDWARDS TIM JENZER 3901 MAPLE SHORES DR 3911 MAPLE SHORES DR 3920 MAPLE SHORES DR Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 _DAVID B. FREE THOMAS GIESEN KEN DURR 3921 MAPLE SHORES DR 3930 MAPLE SHORES DR 4830 WESTGATE ROAD Excelsior, MN 55331 Excelsior, MN 55331 MINNETONKA, MN 55345 KEN DURR MR DANA JOHNSON TIMOTHY COLLERAN —4830 WESTGATE ROAD 50 PLEASANT LANE W 6560 MINNEWASHTA PKWY MINNETONKA, MN 55345 TONKA BAY, MN 55331 EXCELSIOR, MN 55331 KENNETH LUND CHARLES F. ANDING THOMAS ALLENBURG 395 HWY. 7 6601 MINNEWASHTA PKWY 6621 MINNEWASHTA PKWY —EXCELSIOR, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 DALE MENTEN ZOE BROS JAMES AND JEAN WAY 5630 MINNEWASHTA PKWY 6631 MINNEWASHTA PKWY 6641 MINNEWASHTA PKWY _xcelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 —LEE ANDERSON JAMES LARKIN ROBERT M. JOSEPHS 6651 MINNEWASHTA PKWY 6671 MINNEWASHTA PKWY 6701 MINNEWASHTA PKWY :xcelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 IARVEY L SOBEL THOMAS MCRAITH DEL SCHOTT —1331 HILLSIDE DR 7028 RED CEDAR COVE 7034 RED CEDAR COVE RENO, NV 89503 Excelsior, MN 55331 Excelsior, MN 55331 ATRICIA A BIXLER AURETHA J SMITH GARY NELSON _038 RED CEDAR COVE REKORP FINANCIAL 7048 RED CEDAR COVE Excelsior, MN 55331 PO BOX 343 Excelsior, MN 55331 SHAKOPEE, MN 55379 • RALPH KARCZEWSKI WARREN RIETZ DAVID C. PRILLAMAN 7054 RED CEDAR COVE 7058 RED CEDAR COVE 7064 RED CEDAR COVE Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 BERNARD GAYTKO ROBERT E BOYER RED CEDAR COVE ASSN. 7068 RED CEDAR COVE 7074 RED CEDAR COVE PAT KAREZEWSKI Excelsior, MN 55331 Excelsior, MN 55331 7054 RED CEDAR COVE EXCELSIOR, MN 55331 RED CEDAR COVE ASSN JOHN MANEY DONALD W BITTERMANN DC PRILLAMAN 7078 RED CEDAR COVE 7085 RED CEDAR COVE 7064 RED CEDAR COVE Excelsior, MN 55331 Excelsior, MN 55331 EXCELSIOR, MN 55331 LOUIS GUTHMUELLER LURA L GENZ JAMES HOFER 7095 RED CEDAR COVE 7096 RED CEDAR COVE 7098 RED CEDAR COVE _ Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 TIMOTHY FISHER RICHARD SCHLENER T.J. SCHWABA 7099 RED CEDAR COVE MINNCAST 3603 RED CEDAR POINT DR Excelsior, MN 55331 200 NE SO COMMERCE CIR. Excelsior, MN 55331 FRIDLEY, MN 55432 DOUG ANDERSON PAUL W LARSON LUMIR PROSHEK 3607 RED CEDAR POINT DR 3609 RED CEDAR POINT DR 5704 DEWEY HILL ROAD Excelsior, MN 55331 Excelsior, MN 55331 MINNEAPOLIS, MN 55435 MARK BROECKERT NANCY RADDOHL EMIL SOUBA 3616 RED CEDAR POINT REMAX RESULTS 14025 VALE COURT CHANHASSEN, MN 55331 332 SECOND STREET EDEN PRAIRIE, MN 55344 EXCELSIOR, MN 55331 K LOCKHART STEVE KEUSEMAN ERIC BAUER 8549 IRWIN ROAD 3622 RED CEDAR POINT DR 3624 RED CEDAR POINT DR MINNEAPOLIS, MN 55437 Excelsior, MN 55331 Excelsior, MN 55331 BIRUTA M. DUNDURS LINDA JOHNSON TOM PARADISE 3627 RED CEDAR POINT DR 3629 RED CEDAR POINT DR 3755 RED CEDAR POINT DR Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 RICHARD COMER ROBERT OSBORNE BERNARD LEACH 3800 RED CEDAR POINT DR 3815 RED CEDAR POINT DR 3820 RED CEDAR POINT DR Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 EDWARD ALLERMAN JAMES GULSTRAND KENNETH SMITH — 3821 RED CEDAR POINT DR 3831 RED CEDAR POINT DR 3837 RED CEDAR POINT DR Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 HORACE LEACH KEVIN CLARK GARY COBB 3840 RED CEDAR POINT DR 3841 RED CEDAR POINT DR 3859 RED CEDAR POINT DR Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 LOUIS ZAKARIASEN JAMES CONNOR ROBERT BAUER 3861 RED CEDAR POINT DR 3901 RED CEDAR POINT DR 2700 SANDPIPER TRAIL _ Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 — RONALD STEVENS RICHARD NEWMAN FRANK SCOTT 2720 SANDPIPER TRAIL 2721 SANDPIPER TRAIL 2730 SANDPIPER TRAIL Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 DAVID JAMESON HARLAN NINOW STEPHEN HUGHES —2731 SANDPIPER TRAIL 2740 SANDPIPER TRAIL 2741 SANDPIPER TRAIL Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 MARK KINNICH DOUG ROPER R HINDERAKER 2750 SANDPIPER TRAIL 2751 SANDPIPER TRAIL 2800 SANDPIPER TRAIL Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 HOWARD SCHMIDT TOM SHOENECKER A M WEIMERSKIRCH ?810 SANDPIPER TRAIL 2820 SANDPIPER TRAIL 2831 SANDPIPER TRAIL —.xcelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 -HENRY NEUMANN WILLIAM NAEGELE RALPH HEGMAN 2841 SANDPIPER TRAIL 4300 BAKER ROAD 6361 MINNEWASHTA WOODS DR Excelsior, MN 55331 MINNETONKA, MN 55343 Excelsior, MN 55331 J ARBARA WINTHEISER FLORENCE BISCHOFF WILLIAM MCDANIEL 3321 SHORE DR 3331 SHORE DR 3341 SHORE DR -xcelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 ONALD CARSIK F DENTON WHITE HENRY ARNESON - 342 SHORE DR 3351 SHORE DR 3401 SHORE DR Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 RUTH AHLCRONA D POSTHUMUS TUSSEY COLDWELL BANKERS BEST 3420 SHORE DR 3421 SHORE DR 17601 HIGHWAY 7 Excelsior, MN 55331 Excelsior, MN 55331 MINNETONKA, MN 55345 JODE PROPERTIES DAVE ANDERSON MORRIS MULLIN 21020 RADISSON ROAD 3441 SHORE DR 3451 SHORE DR EXCELSIOR, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 FRANCIS FABER RICHARD WING PER JACOBSON 3471 SHORE DR 3481 SHORE DR 2840 TANAGERS LANE Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 HERB PFEFFER JIM SENST GENE FURY 2850 TANAGERS LANE 2820 WASHTA BAY ROAD 2821 WASHTA BAY ROAD Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 IVAN MIELKE KRISTEN ORTLIP LESLIE MICHEL 2830 WASHTA BAY ROAD 2831 WASHTA BAY ROAD 2840 WASHTA BAY ROAD Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 JEANNINE HUBBARD HAZEL ANDERSON HARRY NIEMELA 2841 WASHTA BAY ROAD 2851 WASHTA BAY ROAD 2901 WASHTA BAY ROAD Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 JOHN SCHUMACHER WAYNE HOLZER GLADYS FERM 428 SO MISSISSIPPI RIVER 2911 WASHTA BAY ROAD 2920 WASHTA BAY ROAD ST PAUL, MN 55105 Excelsior, MN 55331 Excelsior, MN 55331 NORMAN CASPERSON WILLIAM J KILBY ALAN TOLLEFSON _ 2921 WASHTA BAY ROAD 2930 WASHTA BAY ROAD 2931 WASHTA BAY ROAD Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 WILLIAM KILBY GLENN COPPERSMITH GEORGE HOCK 2930 WASHTA BAY ROAD 2941 WASHTA BAY ROAD 2950 WASHTA BAY ROAD EXCELSIOR, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 KELLY SHEEHAN DONALD CRENSHAW ROBERT CHRISTIAN 2951 WASHTA BAY ROAD 2961 WASHTA BAY ROAD 2971 WASHTA BAY ROAD Excelsior, MN 55331 Excelsior, MN 55331 EXCELSIOR, MN 55331 TIMOTHY S. ENGMARK RON LUDWIG _ 2811 NO MANOR 2821 NO MANOR 2831 NO MANOR Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 DENNIS HANSEN ROBERT BAUER RONALD STEVENS 6450 PLEASANT VIEW CIRCLE 2700 SANDPIPER TRAIL 2720 SANDPIPER TRAIL Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 —RICHARD NEWMAN FRANK SCOTT DAVID JAMESON 2721 SANDPIPER TRAIL 2730 SANDPIPER TRAIL 2731 SANDPIPER TRAIL Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 HARLAN NINOW STEPHEN HUGHES MARK KINNICH 2740 SANDPIPER TRAIL 2741 SANDPIPER TRAIL 2750 SANDPIPER TRAIL Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 )OUG ROPER R HINDERAKER HOWARD SCHMIDT _2751 SANDPIPER TRAIL 2800 SANDPIPER TRAIL 2810 SANDPIPER TRAIL Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 TOM SHOENECKER A M WEIMERSKIRCH HENRY NEUMANN ?820 SANDPIPER TRAIL 2831 SANDPIPER TRAIL 2841 SANDPIPER TRAIL —1Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 DEAN BERSIE STEWART PETERSON ART KIMBER 7800 TANAGERS LANE 2810 TANAGERS LANE 2820 TANAGERS LANE `:xcelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 VARY OLSEN TODD PEDERSON PER JACOBSON 2821 TANAGERS LANE 2837 TANAGERS LANE 2840 TANAGERS LANE xcelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 MICHAEL ARONE HERB PFEFFER GORDON D GOEDE z841 TANAGERS LANE 2850 TANAGERS LANE 2851 TANAGERS LANE Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 -IM SENST GENE FURY IVAN MIELKE B20 WASHTA BAY ROAD 2821 WASHTA BAY ROAD 2830 WASHTA BAY ROAD Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 LESLIE MICHEL JEANNINE HUBBARD 2831 WASHTA BAY ROAD 2840 WASHTA BAY ROAD 2841 WASHTA BAY ROAD Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 HAZEL ANDERSON HARRY NIEMELA JOHN SCHUMACHER 2851 WASHTA BAY ROAD 2901 WASHTA BAY ROAD 428 SO MISSISSIPPI RIVER Excelsior, MN 55331 Excelsior, MN 55331 ST PAUL, MN 55105 WAYNE HOLZER GLADYS FERM NORMAN CASPERSON 2911 WASHTA BAY ROAD 2920 WASHTA BAY ROAD 2921 WASHTA BAY ROAD Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 WILLIAM J KILBY ALAN TOLLEFSON WILLIAM KILBY 2930 WASHTA BAY ROAD 2931 WASHTA BAY ROAD 2930 WASHTA BAY ROAD Excelsior, MN 55331 Excelsior, MN 55331 EXCELSIOR, MN 55331 GLENN COPPERSMITH GEORGE HOCK KELLY SHEEHAN 2941 WASHTA BAY ROAD 2950 WASHTA BAY ROAD 2951 WASHTA BAY ROAD Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 C I T Y 0 F PC DATE: June 16, 1993 \ L N CC DATE: July 12, 1993 Y , . CH +� i� CASE #: 93-10 SUB By: Al-Jaff/Hempel STAFF REPORT PROPOSAL: Preliminary Plat to Subdivide 4.47 Acres into 7 Single Family Lots, Lotus Lake Woods Z LOCATION: 7500 Frontier Trail. West of Frontier Trail and east of Del Rio Drive. a V APPLICANT: Leanna M. & Hubert V. Forcier 18515 6th Avenue North Plymouth, MN 55447 Q PRESENT ZONING: RSF, Single Family Residential ACREAGE: 4.47 acres (gross) 4.15 acres (net) DENSITY: 0.63 u/a (gross) 0.59 u/a (net) ADJACENT ZONING AND LAND USE: N - RSF; Single Family Residential S - RSF; Single Family Residential E - RSF; Single Family Residential W - PUD; Planned Unit Development Residential WATER AND SEWER: Available to the site WPHYSICAL CHARACTER.: The area has rolling hills and the site is heavily wood. An F. existing single family residence occupies the southeast portion of the site. 2000 LAND USE PLAN: Low Density Residential Lotus Lake Woods June 16, 1993 Page 2 _ PROPOSAL/SUMMARY The applicant is requesting approval to subdivide a 4.47 acre parcel into 7 single family lots. The site is located west of Frontier Trail and east of Del Rio Drive. Access to the subdivision will be provided from two separate directions by an extension of Del Rio Drive's cul-de-sac from the west and Frontier Trail from the east. A single family residence currently occupies Lot 7. The residence is proposed to be either burned by Chanhassen Fire Department, demolished or moved by the applicants. The proposed subdivision will create property lines that will run through the existing residence. Moving the residence must take place prior to approval of the final plat to eliminate the creation of a non-conforming situation. All of the proposed lots meet or exceed the minimum requirement of the Zoning Ordinance with the exception of Lot 1, Block 1, which has a street frontage of 72 feet. The Zoning Ordinance requires a 90 foot frontage. Staff is recommending that the applicant revise the final plat and provide the required 90 foot frontage. The average lot size is 25,829 square feet. Sewer and water service to this area is available. The majority of this site is heavily wooded. The applicant has used design measures to preserve the majority of the trees. However, we believe that by allowing the applicant reduced front yard setbacks, additional trees could be preserved. Staff is also recommending the applicant provide an inventory of all trees proposed to be removed. Those trees will then have to be replaced on a per inch caliper bases. A preservation easement over the area highlighted in Attachment #2 is required as this portion which is entirely wooded. This easement will prevent any construction from taking place and subsequently preserving the trees. One of the most significant features of this site is that it contains a ravine and major overland flowage. Through it, a large residential area located around the Chan View subdivision, drains directly over the hill and into Lotus Lake in an uncontrolled manner that contributes to the substantial degradation of water quality in the lake. This area has been identified as a water quality "hot spot" by the Chanhassen Surface Water Management Plan. Last year the SWMP Task Force considered undertaking a water quality improvement project in this area but concluded that it was excessively expensive due to the need to acquire property. When the owner of this parcel met with staff, we realized that we had an opportunity to allow development to occur in a manner that addressed the water quality needs of the community and provided for a cost sharing program. This analysis was documented by a feasibility study prepared for the city by Bonestroo Engineering. The feasibility study details the construction of a two stage NURP basin as well as cost sharing for the improvements. Generally, the developer is going to be liable for all costs that can be attributed to accommodating impacts from the proposed 7 lot subdivision with the city being responsible for the remainder. A copy of the feasibility study is attached for your review. Staff believes that this represents an excellent example of the value of comprehensive surface water planning as undertaken by the city. We are going to be able to achieve having a high quality and sensitively designed subdivision that at the same time resolves Lotus Lake Woods June 16, 1993 Page 3 a major water quality problem that is experienced by the entire community that utilizes or cares about Lotus Lake. This project is able to be undertaken in a highly cost effective manner because of this coordinated approach and the cooperation of the developer. The Park and Recreation Commission is recommending that park fees be paid in lieu of park land. Staff believes that this plat request is a reasonable one and is generally consistent with guidelines _ established by the city's Comprehensive Plan and Zoning Ordinance. We find it to be well designed with only modest revisions being required. We are recommending that it be approved with conditions outlined in the report. PRELIMINARY PLAT The applicant is proposing to subdivide a 4.47 acre site into 7 single family lots. The density of the proposed subdivision is 0.63 units per acre gross, and 0.59 units per acre net after removing the roads. All the lots meet or exceed the minimum 15,000 square feet of area, with an average lot size of 25,829 square feet. All of the proposed lots meet the minimum requirement of the Zoning Ordinance with the exception of Lot I, Block 1, which has a street frontage of 72 feet. The Zoning Ordinance requires a 90 foot frontage. Staff is recommending that the applicant revise the final plat and provide the required 90 foot frontage. Grading and Drainage The site is proposed to be graded for house pads, a cul-de-sac and a two-cell storm pond. The City has a unique opportunity here to piggyback onto the developer's project. This property is one of the last undeveloped parcels prior to storm water discharging into Lotus Lake. Therefore, it is highly advantageous for the City to work with the applicant and create a joint storm water retention pond facility on this site for storm water quality and quantity purposes. On February 22, 1993, the City Council authorized preparation of a feasibility study for storm water improvements in this site. On May 10, 1993, the City Council accepted the feasibility _ report prepared by Bonestroo & Associates and authorized preparation of a joint cooperative agreement between the City and developer for constructing, maintaining and funding the improvements outlined in the feasibility report. This agreement is in the process of being drafted by the City Attorney. The attached preliminary grading plans include the recommended storm drainage improvements as outlined in the feasibility study. The only additional recommendation staff has at this time is to consider the possibility of extending the proposed 42-inch culvert from underneath Frontier Lotus Lake Woods June 16, 1993 Page 4 - Trail up to the pond outlet, thus eliminating the ditch section along Frontier Trail. This can be further addressed during the plans and specification review process. The site grading will remove a number of trees on the property; however, a reforestation plan could be developed in conjunction between the applicant and the City as a part of the agreement to be developed. Staff is also requiring an inventory of all trees proposed to be removed. The inventory will aid in the reforestation process as staff is recommending trees be replaced on a per inch caliper. — Utilities The parcel is able to be serviced by municipal sanitary sewer and water service. The applicant is proposing to extend sanitary sewer and water services to the individual lots from Frontier Trail as well as extend the existing sewer and watermains from Del Rio Drive into a proposed cul-de- sac and stubbing out individual services for the three lots. Detailed construction plans in accordance to the City's latest edition of standard specifications shall be submitted for review and approval by the City. The applicant should enter into a development contract with the City to - guarantee installation of the public improvements. Extension of utility service stubs to Lots 4 and 5 should be extended in the same location to minimize disruption and tree removal. Those two lots should also share a common driveway. The driveway shall follow the utility service alignment. The shared portion of the driveway shall be built up to a 7 ton design and 20 feet in width. This process will eliminate the need for the grading and the 12 inch RCP's proposed at the northeast corner of Lot 5, and consequently saving all the trees at that corner. Streets The plans propose extending Del Rio Drive into a cul-de-sac to service Lots 1, 2 and 3. The proposed lots adjacent to Frontier Trail will access directly from Frontier Trail. Individual service driveways are proposed. Construction of the cul-de-sac on Del Rio Drive shall be in accordance with the City's standard street specifications. Detailed construction plans should be submitted to the City for review and approval. A portion of the applicant's parcel extends onto Frontier Trail right-of-way. The applicant is — dedicating that portion to the city. Lotus Lake Woods June 16, 1993 Page 5 Erosion Control Type I silt fence is proposed along Frontier Trail and the lot grading adjacent Del Rio Drive. Additional silt fence should be placed on the slope after the storm sewer is constructed from Del Rio Drive. Interim erosion control measures shall be in accordance to the City's Best Management Practice Handbook for erosion and sediment control. Miscellaneous The existing house on the parcel is assumed to be razed. The necessary demolition permits and well abandonment permits will need to be acquired through the City and the State. The final plat shall dedicate a 20-foot wide drainage and utility easement over the existing sanitary sewer and storm sewer line which intersects Lots 1, 2, 4 and 7, Block 1. The final plat _ should also dedicate sufficient drainage and utility easement over the ponding areas for construction and maintenance purposes. Park and Recreation The Park and Recreation Commission recommended the City Council require full park fees be paid as a condition of approval of Bluff Creek Estates. Fees to be paid at the time of building permit approval in the amount of the park fee in force at the time of building permit application. COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Home Home Area Width Depth Setback Ordinance 15,000 90' 125' 25'/30' front/30' rear 10' sides BLOCK 1 Lot 1 21,500 72* 183.5 Lot 2 27,300 62 162 Lot 3 20,500 209 215 Lot 4 42,900 100 345 Lot 5 15,000 90 169.5 Lotus Lake Woods June 16, 1993 Page 6 Lot 6 23,400 200 179.5 Lot 7 30,200 133 211.6 * Variance required: Proposed Lot 1, Block 1, has a lot frontage of 72 feet. The zoning ordinance requires single family parcels to have a lot frontage of 90 feet. The applicant shall revise the plat to reflect a minimum lot width of 90 feet. Tree Preservation The grading plan shows the vegetated areas and the amount of tree removal. The site contains — significant forested areas that should be preserved as best possible. The forested areas contain large, mature hardwoods. The forested areas are on the steeper elevations of the site. Some of the vegetation is in locations where extensive grading is required to develop the site. The - grading of the site for streets, utilities and lot preparation is resulting in the loss of a number of trees. Custom grading on all lots is required to allow each site to be prepared for the individual house rather than mass grading the site at the beginning of the project. A tree preservation plan will be required for all lots. I — All of the vegetated areas that are being saved shall be preserved by a conservation easement. Attachment #2 reflect the approximate location of the easement. Staff is also requesting a tree - inventory of all trees proposed for removal on the site. This list should show what type and size of trees are on the site and the type and size of trees being removed. A reforestation plan will attempt to replace all those trees being lost due to grading and placement of services. The city can require caliper replacement of trees. Staff is recommending that the applicant work with staff to develop a reforestation plan to replace the tree removal. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Subdivision #93-10 as shown on the plans _ dated May 13, 1993, subject to the following conditions: 1. 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 fort City Council approval. 2. The applicant shall apply and obtain permits from the Watershed District, DNR and other appropriate regulatory agencies and comply with their conditions of approval. Lotus Lake Woods June 16, 1993 Page 7 3. 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. 4. Proposed Lot 1, Block 1, has a lot frontage of 72 feet. The applicant shall revise the final plat to reflect a minimum lot width of 90 feet. 5. 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 the city's (BMPH) 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. 6. The applicant shall enter into a joint cooperative agreement with the City for construction, maintenance and cost sharing of the storm water improvements as detailed in the feasibility study prepared by Bonestroo & Associates dated April, 1993. 7. The applicant shall work with the City in developing a reforestation plan on the site. This plan shall include a list of all trees proposed to be removed and their size. The vegetated _ areas which will not be affected by the development will be protected by a conservation easement. The tree preservation easement shall be reserved over the area shaded in Attachment #2. The conservation easement shall permit pruning, removal of dead or _ diseased vegetation and underbrush. All healthy trees over 6" caliper at 4' height shall not be permitted to be removed. Staff shall provide a plan which shows the location of the conservation easement and the applicant shall provide the legal description. 8. The applicant shall provide a 20-foot wide drainage and utility easement over the existing storm sewer and sanitary sewer lines in Lots 1, 2, 4 and 7, Block 1. 9. The applicant shall dedicate drainage and utility easements on the final plat rights over all ponding and drainage areas. 10. The existing house on the property shall be razed prior to final plat approval. The applicant shall be responsible for obtaining the necessary perrnits from the City and State. 11. Extension of utility service stubs to Lots 4 and 5 shall be in the same location to minimize disruption and tree removal. Those two lots shall share a common driveway. The driveway shall follow the utility service alignment. The shared portion of the driveway shall be built up to a 7 ton design and 20 feet in width. 12. The existing 15 foot drainage utility easement through Lot 7, Block 1 shall be increased to 20 feet wide. 13. The front yard setback can be reduced to 25'. Lotus Lake Woods June 16, 1993 Page 8 14. The applicant's engineer shall review the lot grading on Lots 1 through 3, Block 1 to see if adjustments can be made to push the building pads closer to the front property line in an effort to reduce tree loss on said lots. 15. All lots shall be custom graded and shall provide a tree preservation plan for staff approval prior to issuance of a building permit. Staff shall have the right to require a change in house pad and location if it will result in saving significant vegetation. A snow fence shall be placed along the edge of the tree preservation easement prior to grading." ATTACHMENTS 1. Feasibility study dated April, 1993, prepared by Bonestroo & Associates 2. Location of tree preservation easement. - 3. Final plat dated May 13, 1993. __�aa ._ . 1 4 t la 1 tr. e , , ..... . , .. eh - / 1 4i: -ii ' Jx it � -i. \ ,s6\ 1 -.-, k ir..._-; — a \ \ ] i ` W i ii `1,,- hl 1 :', ' j /11 •r / it T fl,LI 1 k -' 7 le .11 • [II j pk. r b [I i ErM ' 411100 .' 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Mark D.Wallis P.E. • Bonestroo Robert W Rosene.PE' Keith A Gordon.PE Primp J.Pyne.PE. Maes 8 Jensen.PE Joseph C.Anderuk PE Robert R.Pfefferle.P.E. Agnes M Ring.AJC.P. L.PrulLp Graver le PE. Mar L.Sorvaia.PE. Richard W Foster.PE. Thomas Peterson.PE Rosene Richard E.Turner.PE. David Loskota.PE. MichaelC.Lynch.PE. Gary D Knstoftz.PE. — • MS— Glenn R.Cook.PE. Robert C.Russel(ALA. James R Malancl.P.E. F.Todd Foster.PE. Anderlik & Thomas E.Noyes PE. Jerry A.Bourtfon.PE Jerry D Pertzsch.PE. Keith R Yam PE. Robert G.Scnunncht.PE. Mark A.Hanson.PE. Kenneth P Anderson.PE. Douglas J.Benot PE. Associates Susan M.Ebenrn.C.PA. Michael T Rawnann.PE Mark R Roes P.E. Shawn D Gustafson.PE. — 'Senior Consukant Ted K.Field.PE. Mark A.Sera.P.E. Cecaio Owner PE Thomas R.Anderson.ALA. Gary W Monen.P.E. Charles A.Erickson Engineers & Architects Donald C Burgartlt.PE. Dane)J Edgerton.PE. Leo M Pawelsky Thomas E.Angus PE. Alan Rick Schmidt P.E. Harlan M.Olson Ismael Martinet PE. Phfp J.Caswell.P.E. James F.Engelhardt — FEASIBILITY REPORT FORCIER PROPERTY AT FRONTIER TRAIL STORMWATER QUANTITY AND QUALITY ANALYSIS CITY PROJECT 93-6-3 — CHANHASSEN, MINNESOTA APRIL 1993 — 1. INTRODUCTION - PRELIMINARY COMMENTS The Forcier property development is a 7 lot, 4.5 acre subdivision located west of the intersection of Frontier Trail and Frontier Court, south of Lotus Lake. The location of the — development is shown in Figure 1. Although the Forcier property development only subdivides 4.5 acres, any storm higher than a 10-year will produce some runoff into the development from the 63 acres of upstream land. This — natural overland drainage route goes through a ditch located where the ponds are proposed (See Figure 2). The existing 36-inch trunk system can handle peak flows up to a 10-year storm. The development must provide ponding and outlet structures large enough to safely handle the difference between 10-year and 100-year peaks, and keep high water levels 2 feet below the lowest — house. Stormwater quality is a very important factor in this area because of the lack of upstream treatment and the proximity to Lotus Lake. The SWMP identifies this area as a high priority _ location for stormwater quality improvements. Any amount of stormwater quality pretreatment 39313.rpt 1 ATTACHMENT 2 2335 West Hlahwav 36 • St. Paul. MN 55113 • 612-636-4600 performed at the development would both increase the treatment efficiency and reduce the cost of future downstream ponds. 2. ANALYSIS OF ALTERNATIVES Several alternatives were modeled to identify the most cost effective drainage elements that would meet water quantity and quality criteria. The following is a summary of the alternatives modeled: A) One Pond versus two Ponds Alternative: The small stormwater quality treatment efficiency obtained with one pond, and the high amount of excavation necessary to provide the required acre-feet of wet volume with only one pond, eliminated this alternative in an early stage of the analysis as a cost effective alternative. In addition, the 6-foot drop between the East and West ponds would have made very difficult the construction of one single pond, due to the limited area available and minimum side slope requirements. B) Water Ouantitv versus Water Oualitv Design: Due to the small size of the ponds, using them to limit peak flows during a 100-year event was proved to have no impact in reducing the cost of the downstream trunk system. On the other hand, rising the normal water levels of the ponds to obtain the maximum wet volume possible for stormwater treatment purposes was proved to be the most cost effective alternative. _ C) Culvert versus Broad-crested weir at the West Pond Outlet: To prevent oil spills and debris from going into Lotus Lake, the West pond requires a skimmer structure. Although the cost of a 36-inch RCP outlet culvert is higher than its equivalent Broad-crested weir, the higher cost of the skimmer structure for a Broad-crested weir outlet makes the weir alternative more expensive overall. 39313.rpt 2 • , I •�[t' f^� ,�t 2S^��..� f S" '�art` _ ,-h. • =It. �' w. _ ,fix""" -<r-r ~ } I ..n -.' .�'r. s' A `3 3 r. z 1 f h r/I� .. �� 7,.....11t:--i"1, �,rq 1 ~ �P-�-5 ',...,_" 4.1.-...•e. .-r .. �N/ / y�1.rr. h '� • 3 rt.,-7. , • I` i t .t � : : fi. -�.c tai ifsx T: �F= ��` EEL �^•, / ,+! ! , -fes+.• , J _ i ... -; \^ Lac -- �' YT 's.,. r .^t tiA �y�.�r.6.2 - "---.:47"-- `-.: _;,+"•.� = t �• •H ."" Y.. .1 S.r,•�ee.ric... t./ ^L`.�.. iflM.L +Y, nr�� o„aw,,,,., ,.�A_• ��,y♦ i , • i.. ii"-?k.,' ••"-(tt. ....zt_ =rt+'f � ':.i. E t 1 s•• k t . t-�aE,sem f k4/ •i EI r r= , „&'i r...'" ' 4.6'r TAKE 4�*IF n -• PROJECT' LOCATI0 • ie.. s _ _ " t i1 ; ,.,5 , jt •'_.-•= r"'`' `\� i i • 77"""1---7--f-1174"" -7--f—.� 4"^err r.jr j i£:.=I /�.... • ---: ; — . -7----.. „-- : ,..1, i , % ..ctl :rie.ja________:„--1,...5:1;_j ,-----L---.17..=--f:47 j 150 'r `� ; i. '-, ., ,w s • "Scale in feet --et: „r -`�-_. ---� r-'.=--- . .e;, _ ,��,`' LOCATION MAP JJ Bonestroo Rosene mcl AnderHk& CHANHASSEN, MINNESOTA FIGURE 1 Associates FORCIER PROPERTY AT FRONTIER TRAIL Engineers& Architects 2335 West Highway 36 _ 39313RC3.DWG MAR., 1993 COMM. 39313 St. Paul, Minnesota 5511. 3. PROPOSED IMPROVEMENTS: The proposed improvements for the Forcier property are shown on Figure 2. The following is a more detailed description of each one of the improvements: A) Connection of 24-inch Water Oualitv Trunk The 24-inch trunk is proposed to handle flows up to a 2-year storm (design storm) from the upstream 63 acres. The flow will be diverted to the 24-inch trunk by means of a 2-foot high concrete wall built in the 8-foot catch basin as shown in Figure 3. Flows above a 2-year storm will overflow the wall into the existing 36-inch trunk. The inlet and outlet invert elevations of the proposed 24- - inch stormwater quality trunk are 919.2 and 918.7 respectively. The total length of the proposed trunk is 40 feet. Other proposed improvements are: * Remove existing C.B. * Build new 8-foot diameter C.B.M.H. * Connection of 24-inch trunk to new C.B. * Riprap and restoration work. B) Construction of the West Pond The west pond will be excavated to provide 0.33 Ac-ft of wet volume with a NWL at 918.7 (See Figure 2). The pond area at NWL is 0.1 acres. Pond slopes of 10:1 are recommended for safety reasons in the first 1 foot of drop. Slopes of 3:1 and 2.5:1 are also recommended for the water quantity and quality portions of the pond respectively (See Figure 2). Other proposed improvements are: * Outlet structure: 36-inch RCP, 25 feet long, 5% slope, Invert = 918.7, flared outlet end. * Skimmer structure * Seeding with mulch * Riprap and restoration work 39313.rpt 4 C) Construction of the East Pond The East Pond will be excavated to provide 1.01 Ac-ft. of wet volume with a NWL = 915 (See Figure 2). The Pond area at NWL is 0.25 acres. Pond slopes of 10:1 are recommended for safety reasons in the first 1 foot of drop. Slopes of 3:1 and 2.5:1 are also recommended for the water quantity and quality portions of the pond respectively (See Figure 2). Other proposed improvements are: * Outlet structure: 14' wide rectangular, broad-crested, grassed weir, 4% downstream slope at Invert = 915.0. * Seeding with mulch. — * Outlet channel realignment. D) 42-inch RCP Crossing Frontier Trail The existing 36-inch CMP at Frontier Trail needs to be replaced by a 42-inch RCP with a new inlet invert elevation at 910.5 and outlet invert elevation at 909.8. The slope for the new 42-inch will be 0.9%. The existing 36-inch CMP can not handle 100-year storms without producing a serious backwater effect on the East Pond. To ensure the 2 feet minimum freeboard in lots 5 and 6 and protect Frontier Trail, we need both to replace the existing culvert and lower the existing invert elevation. The lowest house floor elevation at lots 5 and 6 should be at a minimum of 919.0. It is also possible to add another 30-inch RCP, at an invert elevation of 910.5, to the existing 36-inch CMP to provide the 100-year storm capacity. This option is not contemplated in the cost estimate included in this report. Other proposed improvements are: * Inlet and outlet flared ends * Remove and replace existing bituminous path * Riprap and inlet and outlet excavation and restoration 39313.rpt 5 4. MODEL_RESULTS 4.1. Stormwater Quantity — Table 1 shows a summary of the stormwater quantity model input and results. Figure 2 also shows some of these results. _ TABLE 1 STORMWATER OUANTITY INPUT AND RESULTS — Stormwater Existing Culvert at Quality 36-inch RCP West East Frontier Trunk Trunk Pond Pond Trail Storage volume (Ac.ft) -- -- 0.45 0.34 -- NWL (ft) -- -- 918.7 915.0 -- - HWL for 100-year (ft) -- -- 922.5 916.3 914.0 _ Area at NWL (Ac) -- -- 0.10 0.25 -- Area at HWL (Ac) -- -- 0.15 0.28 -- Outlet structure -- -- 36" RCP 14' weir 42" RCP — Peak outflow (cfs) 25.0 48.0 52.7 52.8 58.5 Invert elevation (ft) 919.2 919.2 -- -- 910.5 Length (ft) 40.0 165.0 -- -- 85.0 — Slope (%) 1.0 1.7 -- -- 0.9 39313.rpt 6 4.2 Stormwater Quality Table 2 shows a summary of the stormwater quality model input and results. Figure 2 also — shows some of these results. TABLE 2 — STORMWATER QUALITY INPUT AND RESULTS _ Normal Pond Area Wet Outflow P-Removal Water Level NWL Volume P-Concentration Efficiency (ft ) (acres) (Ac-ft) (ppb) (%) — West Pond 918.7 0.1 0.33 342.0 24.0 East Pond 915.0 0.25 1.01 222.4 50.6 3931.rpt 7 4 -n 0 N ,m^ 8m c. Z V/ A b f z L10 11—^1 tc'O^' P -0 N b X m ---- � O O m ( Y\ mMI Z77 to l i m w 30 `\,„ \ \ I \1.0\\ • \i O\• 4% I\, \` \il \ I\1 \ w �Cit N W ; I K a;(e) \ 1 f(Vi (1%-";\ NN \ 0 ( 1`11 M ;fi I o , % II 1 \ e ...4____ (n �•� �` O /��/ p Z r-= 7 1 0 0 m O1 T I t� 1 .4 / GI CC V7 C. .SI%N '!. '1 .-0 E -c v) o n uu \ / co O x nl . . i O.. 4. n /, / m— O Z O m �i r-- "u \lilt 0- i 1 N X 1��1 1� ' 110 1,r\ / to w; / Z N W Flt 11 1.0 li r� 'P'� 'C. u., � 1,i �'I mJ D '1' N i ' 1 - f*1 j ri' N , 1 /' /ri!* '\ ',' g.' iissoP ,t, o tio�e :viol :U^'-> Z mVi L'1!I `111,1, AA! �' x u "II f u: 1 0 10 .p x m1 rf, -i 15 x>Z�� 11 v� ” ox c 8o-. 4 coos>;` Q) liji \�� m __ o x a n• OOlaII �m,' i -3VI- _, C M AO / `, D�N• \ pnDZco11O� /1 'S. c46:,D�ONi x ..•• W • •X go 0r)) \ oo — j N O tD la N _ rJ .. • __ 7.4 � . i iO-t" \ Si; Co 0 -, 7 a) • ...., "<?‘ \0 CA\ 0 0 -7 c 8' cr-� N •I PROPOSED TRUNK EX. TRUNK OVER FLOW EX. TRUNK f 1 i 1 X 36 RCP <-~ .. 24" 36"RCP / 1 1 ; Dia. / N I 11 — — CONCRETE WALL SECTION — DETAIL OF STORMWATER QUALITY - DIVERSION STRUCTURE jr1 Bonestroo f Rosene Sall Aiik h& — CHANHASSEN, MINNESOTA FIGURE 3 Amies FORCIER PROPERTY AT FRONTIER TRAIL 39313RC2.DWG VAR., 1993 COMM. 39313 5. COST ESTIMATE A summary of the estimated construction costs (without including Engineering, Fiscal and Administrative costs) for each one of the proposed improvements is shown in Table 3. TABLE 3 CONSTRUCTION COST SUMMARY Improvement Construction Cost Connection of 24-inch Water Quality Trunk $5,600 Construction of the West Pond $11,525 Construction of the East Pond $6,200 Replacement of Existing 36" CMP by a 42" RCP at Frontier Trail $9,475 Table 5, at the end of this report, shows itemized costs for each improvement and includes Engineering, Fiscal and Administrative Costs. Costs for the 24-inch water quality trunk includes the replacement of the existing C.B. 2 by an 8-foot diameter C.B. manhole. The excavation cost for both East and West Ponds has been estimated at $2.00 per cubic yard. This cost assumes that most of the dirt will be used in-place for grading. It is important to point out that any change in the assumed excavation cost will affect the total sharing cost by the City described in the next section. East pond costs also include the realignment of the outlet channel going into the Frontier Trail culvert. Costs for the upgrading of the Frontier Trail culvert include removing and replacing existing bituminous roadway at the culvert crossing. 39313.rpt 10 6. COST SHARE The following is a description of the proposed cost sharing by the City of Chanhassen and the developer of the Forcier property at Frontier Trail. 6.1 Connection of 24-inch Water Quality Trunk — This connection has the purpose of diverting runoff from the 63 acres upstream the Frontier development into the proposed ponds for water quality treatment. Although runoff from lots 1 and 2 will go into the existing 36-inch trunk and then into the proposed 24-inch trunk, its contribution to the total flow will be very small. Therefore, the City should contribute 100% to the cost of this improvement. 6.2 Construction of West and East Ponds It was estimated that the developer would have had to provide 0.72 Ac-ft. of wet volume to bring the 4.5 acres of development to NURP stormwater quality standards. The proposed improvements show 1.34 Ac-ft of wet volume provided. The 0.62 Ac-ft. of extra excavation should — be credited to the developer by the City. Therefore, the excavation and seeding costs of the proposed improvements should be shared - 46% by the City and 54% by the developer as shown in Table 4. The 100-year peak flows have not changed because of the stormwater quality improvements. Therefore, all outlet structures to handle 100-year storm events should be provided by the developer. The skimmer structure proposed at the West pond would have been a City's requirement for final approval of the plans, and therefore should be provided by the developer. 39313.rpt 11 6.3 Culvert at Frontier Trail The existing 36-inch CMP at Frontier Trail needs to be replaced by a 42-inch RCP (or equivalent) at a lower invert elevation to meet the 2 feet minimum free board in lots 5 and 6. The necessity for replacement of the existing 36-inch CMP, or addition of 30-inch RCP, is originated by the proposed house elevations in lots 5 and 6. On the other hand, this culvert will also be serving a 9-acre area north of Lot 5, as well as other areas upstream the development. For these reasons, the replacement cost should be shared 50% by the City and 50% by the developer as shown in Table 4. The other possibility is for the developer to provide the additional 30-inch RCP culvert needed to handle 100-year peak flows at Frontier Trail. The estimated construction cost for this 30-inch RCP culvert is $6,320 as shown in Table 5. TABLE 4 PROPOSED CONSTRUCTION COST SHARING BY CITY AND DEVELOPER City's City's Developer's Developer's Improvement Share Cost Share Cost 24-inch Water Quality Trunk 100% $ 5,600 0% $ 0 Ponds excavation and seeding costs 46% $ 4,690 54% $ 5,510 Outlet structures from ponds 0% $ 0 100% $ 7,525 42-inch Culvert at Frontier Trail 50% $ 4.737 50% $ 4.738 TOTAL $15,027 $17,773 39313.rpt 12 TABLE 5 PRELIMINARY COST ESTIMATE FOR STORMWATER QUANTITY/QUALITY IMPROVEMENTS AT THE FRONTIER PROPERTY ON FRONTIER TRAIL 24-INCH WATER QUALITY TRUNK _ Quantity Unit Item Cost 40 LF 24" RCP, cl 5 @ $35.00/LF $1,400 1 EA 24" RCP Flared end (a) $400.00/EA 400 — 1 EA Connect to C.B. @ $700.00/EA 700 5 CY Riprap (a) $40.00/CY 200 1 LS Remove existing C.B. @ $400.00/LS 400 1 EA 8' diameter C.B.M.H. @ $1,750.00/EA 1,750 1 EA 2' high diversion structure @ $500.00/EA 500 1 LS Restoration work (a) $250.00/LS 250 CONSTRUCTION COST $5,600 — 25% Engr., Fiscal & Admin. 1.400 TOTAL COST $7,000 39313.rpt 13 WEST POND Quantity Unit Item Cost 2,100 CY Common Excavation @ $2.00/CY $4,200 0.5 AC Seeding with mulch @ $700.00/AC 350 25 LF 36" RCP, cl 5 @ $55.00/LF 1,375 1 EA Skimmer structure @ $4,000.00/EA 4,000 15 CY Riprap @ $40.00/CY 600 1 EA 36" RCP flared end @ $1,000.00/EA 1,000 CONSTRUCTION COST $11,525 -" 25% Engr., Fiscal & Admin. 2.900 TOTAL COST $14,425 EAST POND _ Quantity Unit Item Cost 2,650 CY Common Excavation @ $2.00/CY $5,300 0.5 AC Seeding with mulch @ $700.00/AC 350 100 SY Sodding overland weir @ $1.50/SY 150 1 LS Outlet channel realignment @ $400.00/LS 400 CONSTRUCTION COST $6,200 25% Engr., Fiscal & Admin. 1.500 TOTAL COST $7,700 39313.rpt 14 42-INCH RCP CROSSING FRONTIER TRAIL Quantity Unit Item Cost — 85 LF 42" RCP, CL 5 @ $65.00/LF $5,525 2 EA 42" RCP Flared end @ $1,100.00/EA 2,200 15 CY Riprap @ $40.00/CY 600 1 LS Remove existing 36" CMP @ $400.00/LS 400 1 LS Inlet/Outlet excavation and restoration work @ $250.00/LS 250 1 LS Remove/Replace exist. bituminous roadway @ $500.00/LS 500 — CONSTRUCTION COST $9,475 25% Engr., Fiscal & Admin. 2.375 — TOTAL COST $11,850 30-INCH RCP CROSSING FRONTIER TRAIL Quantity Unit Item Cost 85 LF 30" RCP, CL 5 @ $42.00/LF $3,570 2 EA 30" RCP Flared end @ $700.00/EA 1,400 — 15 CY Riprap @ $40.00/CY 600 1 LS Inlet/Outlet excavation and restoration work @ $250.00/LS 250 — 1 LS Remove/Replace exist. bituminous roadway (a> $500.00/LS 500 CONSTRUCTION COST $6,320 _ 25% Engr., Fiscal & Admin. 1.580 TOTAL COST $7,900 _ I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under ' — the laws of the State off/Minnesota. Wek?).e4t Z�/ _ Robert G. Schunicht Date: April 8. 1993 Reg. No. 12105 39313.rpt 15 _ PC DATE: 6/16/93 3. \ ISL. CITY OF CIIANHA! SEN - CC DATE: 6/28/93 CASE #: 93-1 PUD �-r By: Al-Jaff STAFF REPORT PROPOSAL: 1. Preliminary Plat and Preliminary/Final PUD Development Plan Approval for Rezoning of Property from BG, General Business to PUD, Planned Unit Development Z 2. Comprehensive Plan amendment to allow light industrial use on property guided for commercial use — Q 3. Site Plan Review for a 16,335 Square Foot Addition V ...1 LOCATION: 7900 Kerber Boulevard - Chaska Machine and Tool, Inc., Lots 3, 4 and 5, — Block 2, Burdick Park e" APPLICANT: Doug Hanson — Q 17001 Stodola Road Minnetonka, MN 55345 PRESENT ZONING: BG, General Business /kin by City Administrator ACREAGE: 97,163 square feet 2.2 acres rsea—;% 7 1:- tifierl DENSITY: n/a Rejected Date Dste Submitted to Commission _ ADJACENT ZONING AND LAND USE: N - BG, vacant Date S,, T•neo to Council S - Highway 5ffwin City Western Railroad - Q E - PUD, Market Square/City owned outlot — - d W - PUD, Target — Li WATER AND SEWER: Available to the site. W PHYSICAL CHARACTER.: The site has an existing light manufacturing building with — r- a parking lot, landscaping and utilities. Mature trees (f) occupy the southerly portion of the site. 2000 LAND USE PLAN: Commercial Chaska Machine June 16, 1993 Page 2 — PROPOSAL/SUMMARY The applicant, Doug Hanson, was involved in the initial development of this site and has requested approval to expand the existing building onto Lot 3, Block 2, Burdick Park. The site is located north of Highway 5 and the Twin City Western Railroad, west of Market Square, and — east of Target. It is an "L" shaped parcel with an area of 2.2 acres. The proposal consists of a preliminary and final development plan for rezoning from BG to PUD, site plan approval and a comprehensive plan amendment. Preliminary plat approval is also being requested. Conceptual — approval was given by the Planning Commission on March 17, 1993, and by the City Council on April 12, 1993. Chaska Machine and Tool, Inc., which is a light manufacturing facility with an employment base of 40 (30 during the day shift and 10 during the evening shift), occupies the building. The shifts are from 6:30 a.m. - 4:30 p.m. and 4:30 p.m. to 3:30 a.m. The business is a metal stamping facility and the loading dock/truck activity is minimal and is only used during the day. The zoning of the property has been changed, since the original approval, from I-1, Industrial to BG, — General Business. This was done under an effort to remove non-conforming uses from the CBD in support of redevelopment efforts. The BG, General Business District does not permit industrial uses such as manufacturing. Therefore, the existing use is now non-conforming and — cannot be expanded. There is one lot left vacant adjacent and to the south of the existing building (Lot 3, Block 2, Burdick Park). This parcel is owned by the Chanhassen HRA. The existing building and Lot 3 are located at the end of Kerber Boulevard, between Market Square and Target/City owned outlot. The site is bordered to the south by Highway 5 right-of-way. Staff visited the site to — determine how the existing use fit in with the newly developed properties adjacent to it and to determine if the site was suitable for commercial uses. The remaining lot (Lot 3) is less than an acre in size, is not easily seen from West 78th Street (where it would receive access) or Highway — 5 and abuts the rear parking lot and outdoor storage area of Market Square and Target. With these circumstances, staff did not feel that a new user would find this site to be appropriate for a commercial use. Also, staff felt that the existing facility was low level industrial and has proven to be compatible with the surrounding property and uses. Both the existing building and vacant parcel have poor visibility from W. 78th Street and virtually no visibility from Hwy. 5. We concluded that retail commercial uses were not likely to be a realistic option in this area and — support the request to rezone both parcels to allow for an expansion of the existing use. The only option the applicant has to expand the site is to rezone the property to IOP, Industrial Office Park or PUD, Planned Unit Development. Staff did not feel rezoning the site to IOP, Industrial Office Park was appropriate. We did not wish to open the site up to any industrial use. Instead we recommended the applicant apply for rezoning to PUD, Planned Unit Development. The intent of a PUD is to develop flexible zoning while creating a higher standard of Chaska Machine June 16, 1993 Page 3 development. Part of the PUD process is to establish development standards by which the site plan will be required to adhere to. This PUD will be governed by the final development plan. The overall preliminary site plan appears to be in order and well designed. Staff has been working with the applicant for a few months and the plans have gone through some changes since it first appeared before the Planning Commission and City Council. The intended use of this building is office, light manufacturing, and warehousing. Standards are proposed to be incorporated with the PUD agreement that would limit all future use of the site to low impact ones consistent with its surroundings. We are proposing that significant new plantings of over- story trees be provided between the site and Hwy. 5 to expand the "Target" forest to the east. Some trees will be lost after placing the new addition. Also there is limited space where trees can be placed on site. Therefor, staff is recommending 10 trees be placed on Outlot A, Crossroads Plaza (fountain site). Originally, the applicant was proposing to develop the site in two phases. However, on June 2, 1993, staff was informed of a change of plans and that the applicant was proposing to complete both phases with this proposal. The proposed 16,335 square foot addition will take place as soon as the City approves the proposal. Staff found that the expansion will actually bring the site closer into compliance with the hard surface coverage maximum of 70%, decreasing it from the current 80.27% to 70.3%. Staff is recommending that the hard surface coverage be decreased to comply with PUD standards. The comprehensive plan designates this property as commercial. The comprehensive plan will have to be amended as part of the application process to designate the subject site as industrial. The project is expected to receive Tax Increment Financing assistance through the City's Housing and Redevelopment Authority. _ Staff believes the proposal, combined with conditions proposed by staff, will be effective in providing satisfactory development. Through the PUD ordinances, the proposed expansion to the facility will be allowed and the city will be able to maintain control on the improvements and uses. Staff finds the proposed PUD, plat and site plan to be acceptable and is recommending approval of the preliminary and final stage of the PUD plan, preliminary plat, comprehensive plan amendment, and site plan subject to proposed conditions. BACKGROUND On April 16, 1973, the subject site was zoned I-1, Industrial. On June 12, 1978, the City Council approved a site plan for an office/warehouse/manufacturing facility on Lots 4 and 5, Burdick Park. The site plan was approved with conditions and a variance to setback requirements (see Attachment #1). The site was developed meeting the original conditions of approval. Chaska Machine June 16, 1993 Page 4 — On March 17, 1993, the Planning Commission reviewed a concept plan for the expansion of the existing building and unanimously recommended approval of it, with an added condition of an _ improved architectural appearance to the building and the incorporation of transit planning to the site design. On April 12, 1993, the plan was reviewed by the City Council and approved as recommended by the Planning Commission. — REZONING Justification for Rezoning to PUD The applicant is requesting to rezone 2.2 acres from BG, General Business to PUD, Planned Unit — Development. The following review constitutes an evaluation of the PUD request. The review criteria is taken from the intent section of the PUD Ordinance. Section 20-501. Intent Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfer of density, construction phasing and a potential for lower development costs. In exchange for this enhanced flexibility, the city has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the other, more standard zoning districts. It will be the applicant's responsibility to demonstrate that the City's expectations are to be realized as — evaluated against the following criteria: Planned unit developments are to encourage the following: 1. Preservation of desirable site characteristics and open space and protection of sensitive — environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. Finding. There is a stand of trees located on the southwest corner of the site. These trees are an extension of a significant wooded area, owned by the HRA, separating the Target site from the subject site. These trees include oak, elm, ash, basswood and box elder. — Staff is recommending a preservation easement over the southwest corner of the site be dedicated, so that the trees are preserved. These trees are highly visible from the Hwy. 5 corridor and their preservation will be an asset to the city. They will offer some — screening of a portion of the building and all loading areas. We are also requiring the addition of 5 new over-story tree plantings in this area to expand upon the preserved forest. Also, due to limited on site open space, staff is recommending 10 trees be place — on Outlot A, Cross Road Plaza. _ Chaska Machine J upie 16, 1993 Page 5 2. More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. Finding. There is one lot left vacant adjacent and to the south of the existing building (Lot 3, Block 2 Burdick Park). This parcel is owned by the Chanhassen HRA. The existing building and Lot 3 are located at the end of Kerber Boulevard, between Market Square and Target/City owned outlot. The site is bordered on the south by Highway 5 right-of-way. Staff visited the site to determine how the existing use fit in with the newly developed properties adjacent to it and to determine if the site was suitable for commercial and therefore, commercial zoning should be maintained. The remaining lot (Lot 3) is less than an acre in size, is not easily seen from West 78th Street (where it would receive access) or Highway 5 and abuts the rear parking lot and outdoor storage area of Market Square and the Target Store. With these circumstances, staff did not feel that a new user would find this site to be appropriate for a commercial use. Also, staff felt that the existing facility was low level industrial and has proven to be compatible with the surrounding property and uses. 3. High quality design and design compatibility with surrounding land uses, including both existing and planned. Site planning, landscaping and building architecture should reflect higher quality design than is found elsewhere in the community. Finding. The applicant is proposing to use materials compatible with the existing building. Typically with a PUD, the city would require higher quality architectural design than what exists and is being proposed. Staff worked closely with the applicant to improve the image of the entire building. The Planning Commission and City Council approved the Concept plan with the condition that "The expansion of the building shall match and enhance the architectural design of the existing building." In order to meet this condition, the applicant will paint the rock face concrete block which is the main material used on the building. The building architectural facade will also be revised by removing the existing cedar hand split roof shingles over the entrance canopies and replaced with colored ribbed steel panels to accent the building. There will be a total of four entrances/canopies that will be alike in appearance and they will be illuminated by recessed lights above the doors. These panels will be similar in style to the Target and Market Square buildings. The applicant is proposing to use that same accent color to paint three stripes, 8 inches wide, around the building. The first stripe is proposed to be painted above the windows, the second below the split faced block, and the third band will be around the edge of the top of the building. Staff would prefer to see the proposed painted stripes be replaced by glazed tile to fit in with the architectural theme set by Target and the Market Square Shopping Center to accent the building. The applicant is also proposing to remove the existing roof top wood screen to replace it with steel siding panels, to be painted a color that will not stand out. Chaska Machine June 16, 1993 Page 6 4. Sensitive development in transitional areas located between different land uses and along significant corridors within the city will be encouraged. Finding. Staff is recommending additional landscaping be provided along the south. The back of the building will be against the trees and all loading will be screened from view. It will also expand upon a protected forest area considered important as part of the Highway 5 corridor. 5. Development which is consistent with the Comprehensive Plan. Finding. The Comprehensive Plan guides this area for commercial development. A guide plan amendment is being requested and proposed for approval by staff for reasons outlined previously. 6. Parks and open space. The creation of public open space may be required by the city. Such park and open space shall be consistent with the Comprehensive Park Plan and overall trail plan. Finding. The Park and Recreation Commission has recommended that park and trail fees be received in lieu of park and trail dedication. 7. Provision of housing affordable to all income groups if appropriate with the PUD. Finding. Not applicable to this proposal. 8. Energy conservation through the use of more efficient building designs and sightings and the clustering of buildings and land uses. Finding. Chanhassen is actively involved with public transportation. The applicant has requested from Southwest Metro Transit to provide public transit to the site probably as dial-a-ride or van pool service. A list of all employees, the time their shift begins, and place of residency was submitted with the application. Information will be made available to the employees regarding bus schedules and park and ride lots locations. Also, the city is one of the few suburban communities that is able to have a pedestrian oriented CBD. This is made possible by the creation of a centralized "downtown." There is a park and ride facility in the area and the downtown is connected by sidewalks. 9. Use of traffic management and design techniques to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Chaska Machine June 16, 1993 Page 7 Finding. Access to this site will be from Kerber Boulevard, via West 78th. The City Council has recently approved the location of 4 traffic signals on West 78th Street. This will help regulate traffic, which will allow easier access into the site. The PUD ordinance establishes a same minimum district size but allows the city to waive this standard under several conditions. We find that the proposed request is consistent — with condition #1 & #2 as follows and are recommending that the area requirement be waived. Section 20-503. District size and location. _ (a) Each PUD shall have a minimum area of five (5) acres, unless the applicant can demonstrate the existence of one of the following: — (1) Unusual physical features of the property itself or of the surrounding neighborhood such that development as a PUD will conserve a physical or topographic feature of importance to the neighborhood or community. (2) The property is directly adjacent to or across a right-of-way from property which has been developed previously as a PUD or planned unit residential development — and will be perceived as and will function as an extension of that previously approved development. — Summary of Rezoning to PUD Rezoning the property to PUD provides the applicant with flexibility but allows the city to — request additional improvements and some of the site's features can be better protected. The reduced standards allow the expansion of a light manufacturing nonconforming business in the CBD. In return for reducing the standards, the city is receiving: • Screening of undesirable view of loading areas _ • Preservation existing and requiring additional trees • Improved architectural standards and appearance including; entry ways, roof top screening, uniform architecture • Encouraging Public Transit PRELIMINARY AND FINAL STAGE PUD PLAN APPROVAL Development Standards/Site Plan Review — Staff is proposing the following development standards be used for this PUD plan and incorporated into the PUD agreement. Chaska Machine June 16, 1993 Page 8 — a. Intent The purpose of this zone is to create a PUD that would allow the expansion of an existing office/light manufacturing use. It is intended that this use be operated and maintained to preserve its low intensity character to ensure its compatibility with surrounding uses and the greater Chanhassen Central Business District. b. Permitted Uses The permitted uses in this zone are limited to the light industrial/office or less intensive uses than the existing use. The uses shall be limited to those as defined herein. If there is a question as to the whether or not a use meets the definition, the Planning Director shall make that interpretation. 1. Light Manufacturing* 2. Retail** 3. Newspaper and small printing offices 4. Veterinary Clinic 5. Animal Hospital 6. Offices *Light manufacturing is subject to the following limitations: - no visible emissions of smoke - no noise emissions exceeding the MnPCA standards measured at the property line. - No outdoor,unscreened storage of materials,trash storage, shipping pallets or other materials - overnight parking of a maximum of four trucks - all parking must be accommodated on-site — **Retail uses are subject to the following limitations: - signage consistent with approved sign package - retail uses must be consistent with the site's restricted parking c. Setbacks The setback of the majority of the building has been set by the existing portion. The _ addition will maintain a minimum of 50 feet from Kerber Boulevard, and 55 feet from Highway 5. In the PUD standards, the building setback is 30 feet from any local street/public right-of-way, and 50 feet from arterial and railroad lines. The proposed addition is located 46 feet from the Railroad Right-of-Way on the most southerly corner. Staff is recommending the design be revised to maintain the required setback. The Chaska Machine June 16, 1993 Page 9 parking setback on the west received a variance on June 12, 1978, to allow a zero setback from the lot line. d. Development Standards Tabulation Box USE Lot Area Bldg. Sq. Parking Impervious Bldg. Parking ft. Surface Setback Setback Ordinance 5 acres 43 70% North-30' North -20' required South- 50' South-20' West-30' West-20' East-30' East-20' Existing 49,138 19,980 67 80.27% W-45/N-25 W-0/N-25 E-55/S-80 E-20/S-na Proposed 48,025 16,335 59 60.33% W-45/N-na **** Addition E-50/ W-0/N-na S-46*** E-20/S-20 Total 97,163** 36,315 59 70.3%* s.f./2.2 acres * The PUD standard for hard surface coverage is 70%. The existing impervious surface exceeds the requirements, however, with the proposed addition, the impervious surface will be brought very close into compliance. Staff is recommending that a revised plan be submitted showing less hard surface coverage to bring the plan into compliance with the 70% maximum. ** The City Code requires a minimum area of five (5) acres for a PUD unless the applicant can demonstrate unique physical features of the site. There is no way for the site to contain five acres as it is abutted by Highway 5, Pica Drive, city property and Market Square. The site is also located adjacent to the Target PUD. For these reasons, we believe it is reasonable to waive the 5 acre standard as allowed by the ordinance. Waiver of PUD minimum area requirements is recommended. *** The PUD standard for structure setbacks from Railroad Right-of-Way is 50 feet. The proposal is illustrating the building at 46 feet. Reducing the size of the building will ultimately reduce the hard surface coverage. Revised plans shall be submitted showing the required setback. **** Existing variance. Chaska Machine June 16, 1993 Page 10 e. Building Materials and Design Applicant's Proposal. The developer is proposing that the addition use the same concrete block material as the existing building. The entire building will be painted. The ceder wood shingles will be removed and replaced by ribbed steel panels. The roof top equipment's existing screening is proposed to be removed and replaced by steel panels. Existing 3 foot wide rusty doors will be removed and replaced by new ones, and the introduction of three painted stripes on the building for accent. Finding. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. 1. All materials shall be of high quality and durable. Concrete block, same as the type used on the existing building, shall be used. Color shall be introduced through colored block. Glazed tile should be used to create the accent 8" wide stripes on the building rather than paint. 2. All accessory structures shall be designed to be compatible with the primary structure. All ground mounted equipment, trash storage, etc. to be fully screened by compatible masonry walls. 3. All roof mounted equipment shall be screened by materials compatible with the building. Wood screen fences are prohibited. f. Site Landscaping and Screening Applicant's Proposal. The applicant has prepared a landscaping plan that shows the addition of 12 trees. The existing trees along the southwest corner of the site will be preserved. The landscaping plan could do a better job of buffering parking lots and breaking up the expanse of the building. Tree preservation is a positive, if minor, element. Finding. In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened. Fifteen additional trees shall be provided. Five trees shall be located along the south portion of the site, and 10 trees on outlot A, Crossroads Plaza. They are required to extend the protected forested area eastward. Ultimately, we anticipate there being additional plantings on city-owned land further to the south. This reforestation is consistent with the goals of draft Hwy. 5 planning efforts and to screen less desirable views of the south edge of the CBD. Trees should be over- story and selected from the approved tree list. All plant materials must meet minimum Chaska Machine — June 16, 1993 Page 11 — size specifications. Tree plantings may be installed partially on city owned land located adjacent to the site. — 1. All open spaces and non-parking lot surfaces shall be landscaped, covered with plantings and/or lawn material. — 2. Unscreened outdoor storage is prohibited. 3. Loading areas shall be screened from public right-of-ways. 4. Tree preservation areas shall be clearly staked and marked by snow fence prior to the start of grading. Staff will use its discretion to require minor revisions to — grading including the potential use of retaining walls, if it appears that tree preservation will benefit. Protected trees lost due to development activity shall be replaced on a caliper inch basis. 5. A satisfactory letter of credit to ensure compliance with approved plans shall be provided prior to the start of grading. g. Signage No signage is proposed at this time, however, the site contain an existing wall mounted sign. 1. Each business shall be allowed one wall mounted sign. The total of all wall mounted sign display areas shall not exceed fifteen (15) percent of the total area — of the building wall upon which the signs are mounted. 2. All signs require a separate permit. 3. The signage will have consistency throughout the development and will use materials compatible with the building. Signs shall be an architectural feature,and — shall not be solely mounted on a pole of a foundation. 4. Consistency in signage shall relate to color, size, materials, and heights. 5. Temporary signs will be allowed in a manner consistent with the city sign code. — h. Lighting _ Recessed light will be introduced. These lights will be located above the entrance doors, and tucked under the new canopies. Chaska Machine June 16, 1993 Page 12 — Finding. — 1. All light fixtures shall be shielded high pressure sodium fixtures. Light level for site lighting shall be no more than '/ candle at the property line. This does not — apply to street lighting. 2. Glare, whether direct or reflected as differentiated from general illumination, shall -' not be visible beyond the limits of the site from which it originates. 3. Lights shall be on a photoelectric cell to turn them on and off automatically as — activated by yearly conditions. 4. Light poles shall use shoe box light standards. Streets/Access/Parking Access to the site is obtained via Picha Drive and Kerber Drive. There are two access points onto Picha Drive which eventually leads into Target. Staff is recommending a stop sign be _ installed at each exit point on Picha Drive. There will be a total of 59 parking stalls. The City Code would only require 43 parking spaces (including one for a company vehicle). Therefore, 59 parking spaces are not necessary and the applicant can remove some of the parking area and — replace it with landscaped open space. Some of the proposed parking is an extension of existing parking at the rear of the building. The applicant is proposing to continue to have this parking adjacent to the westerly lot line with no setback. This area abuts open space that has existing — vegetation and which will never be developed. Staff would prefer to keep the parking in this area rather than add parking to the front of the building. Therefore, staff does not object to keeping the zero setback for the rear parking. Utilities The existing building is connected to municipal sewer and water. The plans propose to extend another sewer and water line to serve the building expansion. The appropriate connection and hookup fees will be required at the time of building permit issuance. — Grading and Drainage The grading plan does not indicate the existing underlying ground contours. It is difficult to determine the amount of earthwork involved with this expansion although it appears the end use contours are acceptable. A storm sewer line is proposed to be extended from the existing storm sewer in Picha Drive near the Target entrance to the southwest corner of the parking lot. The catch basin will catch runoff from the new parking lot, driveway and building rooftop areas. The _ Chaska Machine June 16, 1993 Page 13 storm sewer will convey runoff to the newly created retention pond on the Target site. Since the storm sewer connection is within the City's boulevard, the applicant should escrow $500.00 to guarantee boulevard restoration. Connection to the City's storm sewer will need to be inspected by City staff. The site plan proposes concrete curb and gutter around the perimeter of the new driveway and parking lot. The existing westerly parking lot behind the building currently sheet drains westerly into the woods. Staff is comfortable with this drainage pattern and recommends no further drainage improvements at this time. Staff is requesting site drainage calculations prepared by a professional engineer be submitted to the City for review. Erosion Control _ Erosion control measures are not illustrated on the plans. Staff recommends that erosion control fence (Type I) be installed along the easterly, southerly and a portion of the westerly property line at the grading limits. Based on the landscape plan, it appears all disturbed areas will be restored with sod. Park and Recreation The property will be subject to park and trail fees. These fees are to be collected at the time of building permit application at the rate then in force. Current industrial/commercial fee rates are $3,000/acre for park, and $1,000/acre for trail. In determining the acreage to be assessed, the Park and Recreation Director was unable to locate the building permit file for the existing building. Assuming that the platting incorporates both lots and that the original permit did not include park and trail fees, the entire plat (95,394 sq. ft.) will be subject to fees. If fees were paid on the original permit, only the addition (34,236 sq. ft.) will be subject to park and trail fees. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval to rezone 97,163 square feet of BG, General Business to PUD, approve preliminary and final development plans, preliminary plat approval and comprehensive plan amendment from commercial to office/industrial as shown in plans dated April 19, 1993, revised June 4, 1993, and with a waiver of the 5 acre minimum PUD zone requirement subject to the following conditions: 1. Preliminary and final plat approval combining Lots 3,4 and 5, Block 2, Burdick Park into one lot with appropriate easements. All typical utility and drainage easements shall be dedicated to the city on the final plat. Chaska Machine June 16, 1993 Page 14 2. Rezoning approval from BG, General Business to PUD, Planned Unit Development. 3. The expansion of the building shall match and enhance the architectural design of the existing building. Rock face concrete block shall remain as the main material used on the building. All ceder wood shingles shall be replaced with ribbed steel panels. However, the accent stripes shall be created by using glazed tile and not paint. The use of glazed tile will fit in with the architectural theme set by Target and the Market Square Shopping Center to accent the building. 4. There shall be no unscreened outdoor storage permitted. Existing outdoor storage to be placed in approved, screened enclosures. 5. The hard cover surface of the site (the three lots) shall not exceed 70%. The setback of the building shall maintain a minimum setback of 50 feet from the railroad right-of-way. — Revised plans reflecting those two elements shall be submitted for staff review. 6. Prior to rezoning and development, the applicant shall purchase the property in question from the HRA. 7. Transit planning shall be incorporated into this development. 8. The applicant shall submit detailed storm sewer calculations prepared by a professional engineer for the City to review. — 9. The applicant shall provide a $500 security for connection to the City's storm sewer line and boulevard restoration on Picha Drive. This fee will be refunded upon satisfactorily — completing connection and restoration of the City's boulevard. 10. Type I erosion control fence shall be installed around the perimeter along the grading limits. 11. Park and trail fees shall be paid at the time of application of building permit. 12. Approval of the minor comprehensive plan amendment by the Metropolitan Council. 13. Stop signs shall be installed at the exit points to Picha Drive. 14. Meet the conditions of the Fire Marshal. 15. Fifteen over story trees shall be added. Five along the south portion of the site, and 10 trees on outlot A, Crossroads Plaza. Chaska Machine June 16, 1993 Page 15 16. The PUD Agreement shall include the following conditions: a. Intent The purpose of this zone is to create a PUD that would allow the expansion of an existing office/light manufacturing use. It is intended that this use be operated and maintained to preserve its low intensity character to ensure its compatibility with surrounding uses and the greater Chanhassen Central Business District. b. Permitted Uses The permitted uses in this zone are limited to the light industrial/office or less intensive uses than the existing use. The uses shall be limited to those as defined herein. If there is a question as to the whether or not a use meets the definition, the Planning Director shall make that interpretation. 1. Light Manufacturing* 2. Retail** 3. Newspaper and small printing offices 4. Veterinary Clinic 5. Animal Hospital 6. Offices *Light manufacturing is subject to the following limitations: - no visible emissions of smoke no noise emissions exceeding the MnPCA standards measured at the property line. - No outdoor,unscreened storage of materials,trash storage, shipping pallets or other materials - overnight parking of a maximum of four trucks all parking must be accommodated on-site _ **Retail uses are subject to the following limitations: signage consistent with approved sign package retail uses must be consistent with the site's restricted parking ATTACHMENTS 1. Staff report and minutes dated April 12, 1993. 2. Letter from the applicant dated June 4, 1993. 3. Addresses and work shifts of Chaska Machine and Tool employees to start the transit planning process. 4. Plans dated April 19, 1993, revised June 4, 1994. iTY OF Pr" DATE: 3/17/93 p — �� CC DATE: 4/12/93 • ClIANIIASSEN �y CASE #: 93-1 PUD By: Olsen/v STAFF REPORT L PROPOSAL: Concept plan approval to allow property zoned BG, Geneial Business to be 1 rezoned to PUD, Planned Unit Development Action by City Admrnistratar ZZ FirdorsewA- LOCATION: 7900 Monterey Drive - Chaska Machine and Tool, Inc. le lt=d� Lots 3, 4 and 5, Burdick Park t=d pat, 4— co' 9 3 Date Submitted to Commission CL CLDate Submitted to Council 1 Q APPLICANT: Doug Hanson 4-I _`I 17001 Stodola Road Minnetonka, MN 55345 L PRESENT ZONING: BG, General Business L ACREAGE: 95,394 square feet DENSITY: n/a ADJACENT ZONING AND LAND USE: N - BG, vacant S - Highway 5 E - BG, Market Square/City owned outlot W - PUD, Target w WATER AND SEWER: Available to the site. I-- PHYSICAL CHARACTER.: The site has an existing light manufacturing building with parking C]) lot improvements, landscaping and utilities. 2000 LAND USE PLAN: Commercial t -- 6900�c '4ca ` .'1'-- LOTUS Y`‘i, , , Q -. ,-‘s.\ ..1-•••L. -tr•P - 7 .• * - .--7-7; -- (- 2..‘:‘..-‘ licli; --, a. -,Ry.:r; • , ,`ma• y .- % 7-1 , 1 r--- / ., • \ r.; y k-�11 -. - -� ,.f. 1 , ',_a_.-- + ' . 1 t Com/• -i •'- 9i f -4-,,-- .�' ' ^7 • 1 -moi " fig, '``I ' V�1 j,11-__4,N7-1,.--/ • T. - ...+ ` N 7 71-- _< ----1�0?-•- 11 7230 011 . \�S . .� ,,� L A K E D• , • •i ... sit: TWINMAPLE LANE 7- ... ..>, 'ii .' ,\ at* 3 ' \- NiT,, �' i�. - J •� • - - — 300 bra' - /, li • ,---__/1,'IA*. V• BASSWOOD CIRCLE 111,4 -.-- -- , E ' NI A --- 74 00 i r 13 - . .81 Tr , ' . a-ti u. ,<i . R 12in �.- '�9 [% iig '�;`+��1► • , , ( f rani - p Y Wo - i .� - � _ _ off � �P�R/� w a '`u(� ' '� N aim— asiri H o 5 .1 •/0. 9 /.. - I ! 1 - ! ,a • _ AgLA ow vi . it . 41aill -oRt-i_ al • . . ...._ •••• ,-,. . . .ri d . 2 - _ . I CT) E . _ limp- - '® i'. . ;mom= " 78TH ST MIMI ,- - - -E3Qp_ci; ( .11rimpuE3 I \ IN 110P%-- si. __ - 1 BH . . fto„ r. ptiliv owt- . ,F. III A .,--____....____,- ' m . . ` S AKE DR:V: / 1 ` I .__1- T !- � �.. ._ % \ S in '� HANHASS N ... err. l �_/� \Pi l _ —- ice; t.° EST.QTES i■ r M/N/ PARK mi-\ rahalp• • •IIGHWA g --.071: ii II .04,7 tc cc �I _o_ , .)_.)\ � �,Wili r y! %116 --8100 . : 0 __Lt ;,...A. ,.!.,,,,A„,,,..1-404•t:A. ..,::* I v_ 1 _ 17-7, N • - � ■r t �' •c ——8200 Ill - '`` �R►C'�' MARSH . � im 1 LAKEs. 1 $INNEN PARK - — --830) CIRCLE UD-R \ LAKE SUSAN - - {�� N. �•♦moo ' I R/CE M • 'SN LAKE '\ S / ,, N West One Expansion Chaska Machine March 17, 1993 Page 2 BACKGROUND _ On April 16, 1973 the subject site was zoned I-1, Industrial. On June 12, 1978, the City Council approved a site plan for a Office/Warehouse/Manufacturing facility on Lots 4 and 5, Burdick — Park. The site plan was approved with conditions and a variance to setback requirements (see attachment #1). The site was developed meeting the original conditions of approval. PROPOSAL/SUMMARY The applicant, Doug Hanson, was involved in the initial development of the subject site and has — requested approval to expand the building onto Lot 3, Burdick Park. Chaska Machine and Tool, Inc., which is a light manufacturing facility with an employment base of 40 (30 during the day shift and 10 during the evening shift) occupies the building. The shifts are from 6:30 a.m. - 4:30 p.m. and 4:30 p.m. to 3:30 a.m. The business is a metal stamping facility and the loading dock/truck activity is minimal and only used during the day. The zoning of the property has been changed, since the previous approval, from I-1, Industrial to BG, General Business. The BG, General Business District does not permit industrial uses such as manufacturing. Therefore, the existing use is now non-conforming and cannot be expanded. There is one more lot left vacant adjacent and to the south of the existing building (Lot 3, Burdick Park). This parcel is owned by the Chanhassen HRA. The existing building and Lot _ 3 are located at the end of Monterey, between Market Square and Target/City owned outlot . The site is bordered to the south by Highway 5 right-of-way. Staff visited the site to determine how the existing use fit in with the newly developed properties adjacent to it and to determine if the site was suitable for commercial and therefore, should be maintained as commercial. The remaining lot (Lot 3) is less than an acre in size, is not easily seen from West 78th Street (where it would receive access) or Highway 5 and abuts the rear parking lot and outdoor storage area of Market Square. With these circumstances, staff did not feel that a new user would find this site to be appropriate for a commercial use. Also, staff felt that the existing facility was low level industrial and has proven to be compatible with the surrounding property and uses. The only options the applicant has to expand the site is to rezone the property to IOP, Industrial Office Park or PUD, Planned Unit Development. Staff did not feel rezoning the site to IOP, - Industrial Office Park was appropriate. We did not wish to open the site up to any industrial use. Instead we recommended the applicant apply for rezoning to PUD, Planned Unit Development. This will allow the proposed expansion to the facility and also allow the city to maintain control on the improvements and uses. The comprehensive plan designates this property as commercial. The comprehensive plan will have to be amended as part of the application process to designate the subject site as industrial. The first step in this process is the concept plan approval. The concept plan allows the applicant to receive direction from the Planning Commission and City Council as to whether they will approve the proposed rezoning. West One Expansion Chaska Machine March 17, 1993 Page 3 PUD The City Code requires the PUD to only be used for the use for which the site is designated in the Comprehensive Plan. As stated above, the property is designated as commercial, and if the PUD is to be approved, the Comprehensive Plan will have to be amended to designate the site as industrial. The City Code requires a minimum area of five (5) acres for a PUD unless the applicant can demonstrate unique physical features of the site. There is no way for the site to _ contain five acres as it is abutted by Highway 5, Pica Drive, city property and Market Square. The site is also located adjacent to the Target PUD. For these reasons, we believe it is reasonable to waive the 5 acre standard as allowed by the ordinance. The current building is 19,980 square feet and is located on two lots (Lots 4 and 5, Burdick Park). The total area of the two lots is 61,158 square feet. The building is one story and is made of square block with canopies over the entrances. There is parking located at the front and rear of the building. There is no setback for the parking to the rear of the building. This was permitted with a variance in 1978. The applicant is proposing to expand the existing building by 12,735 square feet with a future expansion of 5,400 square feet. The use of the building and expansion will remain the same, which is Chaska Machine and Tool - light manufacturing. The expansion of the building will be of the same material, color and architectural design as the existing building. There are a total of 65 parking stalls which could be provided. Typically with a PUD, the city would require higher quality architectural design than what exists and is being proposed. Since the desire with this situation is to have the expansion match the existing building, staff would agree to the proposed architectural design. The applicant is providing for 65 parking spaces. The City Code would only require 43 parking spaces (including one for a company vehicle). Therefore, 65 parking spaces are not necessary and the applicant can remove some of the parking area and replace it with landscaped open space. Some of the proposed parking is an extension of existing parking at the rear of the building. The applicant is proposing to continue to have this parking adjacent to the westerly lot line with no setback. This area abuts open space that has existing vegetation and which will never be developed. Staff would prefer to keep the parking in this area rather than add parking to the front of the building. Therefore, staff does not object to keeping the zero setback for the rear parking. The hard surface coverage has not yet been calculated, but it cannot exceed 70%. The landscaping plan will have to show existing and proposed vegetation and shall meet the new landscaping regulations. Outdoor storage will not be permitted. RECOMMENDATION Rezoning the property to PUD will allow the expansion of the existing use which has proven to be compatible to the site and surrounding uses. The rezoning will also allow the business to remain in the city and the development of a lot which might otherwise remain vacant if it West One Expansion Chaska Machine March 17, 1993 Page 4 remains zoned commercial. A PUD allows the city more control over the development of the site, such as improved landscaping and site specific conditions (i.e. no outdoor storage). If the site remains as is, it is non-conforming and the city has less control over the site. Since this is only concept plan approval, staff will be recommending general conditions. More detailed review of specific plans (i.e. utilities, grading, landscaping, etc.) will take place at the next phase of approval. Planning Staff recommends the Planning Commission recommend approval of the concept plan request to rezone Lots 3, 4 and 5, Burdick Park from BG, General Business to PUD, Planned Unit Development with the following conditions: 1. The applicant shall receive and meet the conditions of the following approvals: a. Preliminary and Final Plat approval combining Lots 3, 4 and 5, Burdick Park into one lot with appropriate easements. b. Comprehensive Plan amendment changing the land use designation from Commercial to Industrial. c. Site Plan approval for the building expansion. d. Rezoning approval from BG, General Business to PUD, Planned Unit Development. 2. The site plan shall have to maintain the proposed concept plan, with the proposal being an expansion of the existing building for use by the existing use, light manufacturing. A higher intensity industrial use will not be permitted at this site. 3. The expansion of the building shall match the architectural design of the existing building. 4. There shall be no outdoor storage permitted. 5. All rooftop equipment shall be screened. 6. The hard cover surface of the site (the three lots) shall not exceed 70%. MANAGER'S COMMENTS: Which came first--the chicken or the egg? In this case, staff decided that the Planning Commission's thoughts and concerns should be obtained before asking the HRA if they want to sell their land. Given the battles which occurred in attempting to move Hanus, Hendrickson Dry West One Expansion _ Chaska Machine March 17, 1993 Page 5 Wall, Instant Web, FMS, etc., out of downtown; I must admit that an expansion of an industrial user is of concern. Paul advises me that those concerns can be alleviated through the PUD — contract. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the concept plan request to rezone Lots 3, 4 and 5, Burdick Park from BG, General Business to PUD, Planned Unit — Development with staff's recommended conditions and adding the following: 7. Prior to rezoning and development, the applicant shall purchase the property in question — from the HRA. 8. Transit planning shall be incorporated into this development. CITY COUNCIL RECOMMENDATION Staff recommends the City Council approve the concept plan request to rezone Lots 3, 4 and 5, Burdick Park from BG, General Business to PUD, Planned Unit Development with the following conditions: 1. The applicant shall receive and meet the conditions of the following approvals: a. Preliminary and Final Plat approval combining Lots 3, 4 and 5, Burdick Park into one lot with appropriate easements. _ b. Comprehensive Plan amendment changing the land use designation from Commercial to Industrial. c. Site Plan approval for the building expansion. — d. Rezoning approval from BG, General Business to PUD, Planned Unit Development. — 2. The site plan shall have to maintain the proposed concept plan, with the proposal being an expansion of the existing building for use by the existing use, light manufacturing. A higher intensity industrial use will not be permitted at this site. 3. The expansion of the building shall match the architectural design of the existing building. 4. There shall be no outdoor storage permitted. West One Expansion Chaska Machine March 17, 1993 — Page 6 5. All rooftop equipment shall be screened. _ 6. The hard cover surface of the site (the three lots) shall not exceed 70%. 7. Prior to rezoning and development, the applicant shall purchase the property in question from the HRA. 8. Transit planning shall be incorporated into this development. ATTACHMENTS — . 1. Variance Contract for building. 2. Staff report dated May 7, 1979. — 3. Planning Commission minutes dated March 17, 1993. 4. Concept plan. CITY OF CHANHASSEN HANSEN & KLINGELHUTZ CONSTRUCTION, INC . VARIANCE CONTRACT FOR BUILDING AT BUILDING AT PICHA DRIVE AND MANDAN DRIVE WHEREAS, application has been made by Hansen & Klingelhutz Construction, Inc . , a Minnesota corporation, as the developer of a tract of land lying within the City of Chanhassen, and more particularly described on Exhibit A attached hereto and made a part hereof; and by West I Properties, a partnership consisting of Jeffery E. Swedlund, Roxanne Swedlund, Douglas M. Hansen, Beverly J. Hansen, Thomas A. Klingelhutz, Catherine M. Klingelhutz, and Robert 0. Nyen, as the proposed owner and operating entity of a 19 , 000 square foot combina- tion office/warehouse/light manufacturing building, hereinafter referred to as "The Building" , to be constructed upon the above described tract of land. (Said corporation and said partnership are hereinafter referred to collectively as "The Applicants") ; and WHEREAS , the subject property is presently zoned I-1 , Industrial District; and WHEREAS , the Applicants have requested certain variances from the literal provisions of applicable Chanhassen Ordinances ; and WHEREAS , §462 . 357 , Subd. 6 of Minnesota Statutes, and §22 . 02 of the Chanhassen Zoning Ordinance authorize the Chanhassen City Council to impose conditions upon the granting of such variances to insure compliance and to protect adjacent properties; and WHEREAS , a public hearing was held by the Chanhassen Board of _ Adjustments and Appeals on July 6, 1978 to consider public comment on said variance requests; and WHEREAS , the Chanhassen City Council has , by its resolution — dated June 12, 1978 , approved the development plans and certain variance requests of the applicants, as hereinafter described in Paragraph 2 , subject only to the issuance by the Chanhassen Board of Adjustments and Appeals of a recommendation that certain variances be approved; and WHEREAS, the Chanhassen Board of Adjustments and Appeals, by its resolution dated July 6, 1978 , approved the proposal of the Appli- cants as hereinafter set forth; and WHEREAS, the above described resolutions were adopted subject to and on condition that the applicants enter into this variance contract; and WHEREAS, the Chanhassen City Council has determined that the proposed development as described herein substantially complies with the standards set forth in the second full paragraph of §22 . 02 of the Chanhassen Zoning Ordinance; -1- NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City" ) of the Applicants ' development plans and the approval of the above described variance requests, the City and the Applicants agree as follows : 1 . Improvements by Applicants . Applicants agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the site plan and landscape plan described in paragraph 2 below: a. Parking lot and access driveway grading, stabilizing, and bituminous surfacing, b. concrete curbs and gutters abutting all parking lot areas and access driveways, except the western edge whereon a rolled bituminous curb shall be installed, c. storm and surface water drainage, d. boulevard sodding or seeding of uniformly good quality, and e. grounds lighting. 2. Scope of Development Governed by Exhibits . The exterior dimensions , architectural design, decorating scheme, grading plan, loading dock configuration, and placement of structures shall be in conformance with that certain Site Plan dated April , 1978, Site Plan — dated May, 1978 , Landscape Plan dated April, 1978, undated Ground Floor Plan, undated Exterior Elevation Drawing, Street Construction Plan dated April 13 , 1978 as revised by the City Engineer on April 21 , 1978, and Storm Drainage Plan dated April 13, 1978 as revised by the City Engineer on April 21 , 1978 , all of which are on file in the office of the Chanhassen Zoning Administrator in File P-481. The building shall be constructed of stacked square block except for a decorative band of vertical fracture block creating a relief effect shadow line. Said block shall be painted in tones of gray or white. The canopies depicted on said elevation drawings shall project outward six (6) feet and night lights shall be provided to illuminate all entrances to the Building. 3. Effect of Conflicting Ordinance Provisions . The parties hereto acknowledge that the development as described in paragraph 2 above conflicts with the literal provisions for setbacks, load dock con- figuration, front yards, side yards, and rear yards contained in SS12 . 05, 12 . 08 and 9 . 07 of the Chanhassen Zoning Ordinance. The parties hereto furtheracknowledge that, in accordance with the above described resolutions of the Chanhassen Board of Adjustments and Appeals and the City Council, the proposed development may be constructed in conformity with the various plans which are described in paragraph 2, above. 4 . Outside Storage Prohibited. With the exception of trash facilities as hereinafter provided, and with the exception of licensed vehicle parking as hereinafter provided, no equipment or other personal - property shall be stored or displayed outside of the building. -2- 5. Overnight Parking Requirements. No motor vehicle of larger than 9000 lbs. licensed gross weight shall be parked overnight except in parking spaces #39-58 as shown on parking layout dated 5/78. This area shall permit overnight parking for larger licensed vehicles not to exceed 8 ' x 24 ' . Applicant agrees to review parking within the designated area (parking spaces 39-58) on or about November 1, 1979 ; and further agrees that in no case shall boats be parked (stored) on the property, and that parking within the designated area shall be tenant oriented parking only. 6 . Parking Lot Configuration. Off-street parking facilities shall be constructed in accordance with the Site Plan described in Paragraph 2 above with the following modification: a. All parking spaces shall be clearly delineated or marked as such and shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet exclusive of aisles and maneuvering space. b. A clear aisle width of at least eighteen (18) feet shall be provided for all parking spaces located easterly of the building. 7. Schedule of Work. The Applicants further agree that they shall commence work hereunder immediately, and shall have all work done and improvements fully completed to the satisfaction and approval of the City on or before August 1 , 1979. The Applicants shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Applicants of the existence of causes over which the Applicants have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. 8. Grading Plan and Lighting Plan. No Certificate of Occupancy shall be issued and the Applicants shall not occupy the building until the Applicants ' final grading plan has been reviewed by City staff for purposes of verifying that said grading plan is in complete conformity with all of the provisions of the within permit and contract. Said final grading plan shall include existing contours , proposed grading elevations , drainage configurations , storm water drainage configurations , spot elevations , proposed = access driveway road profiles , location and candlepower of all illuminaries , and locations of exterior trash storage areas . 9 . Sign Plan. The Applicants agree to prepare and submit to the City a sign plan, which shall include location, type and dimensions of all proposed exterior signs. No exterior signs shall be erected and no sign permit shall be issued until after said sign plan has been reviewed by the City for purposes of verifying that said sign plan is in conformity with app' icable city ordinances . -3- 10 . Landscape Plan. The Applicants agree to prepare and submit to City staff a final landscape plan which shall include location, — type and diameters of proposed plantings, description of and locations of all screening devices, and location and elevation of proposed berms . No landscaping permit shall be issued and the Applicants shall perform — no landscaping until after said landscape plan has been reviewed by City staff for purposes of verifying that said landscape plan is in conformity with all of the provisions of the within contract. 11. Reimbursement of Costs . The Applicants shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the administration and enforcement of the with- in contract, and the performances thereof by the Applicants . 12 . Performance Bond. For the purpose of assuring to the City that the improvements to be by the Applicants constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Applicants shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, Applicants agree to furnish to the City a cash deposit in the amount of $15, 000 . 00 or in lieu thereof, a corporate surety bond in said amount approved by the City and naming the City as obligee thereunder, being conditioned upon the performance by the Applicants of their obligations hereunder, said sum being equal to 110% of the total cost of such improvements as estimated by Schoell & Madson, Inc . , the City Engineers . 13 . Public Welfare . The establishment, maintenance and operation of the use shall not be detrimental to, nor endanger the public health, safety, comfort or general welfare. 14 . Screening . All trash areas, mechanical equipment, compressors and air conditioning equipment, including roof top equipment, shall be screened from view from West 78th Street, Mandan Drive, and Picha Drive. 15 . Nuisance. The activities conducted on the premises shall not cause the emission of noxious odors , nor cause objectionable noise . The proposed use shall not be injurious to the use and enjoyment of other _ property, nor diminish nor impair property values in the immediate vicinity. 16 . Public Address System. No public address system or other — audio paging system shall be utilized on the subject property which emits noise in excess of the standards set forth in the Chanhassen Zoning Ordinance and all regulations amendatory and supplementary thereto, which standards shall be binding upon the Applicants . 17 . Other Regulations . The Applicants shall comply with all City Ordinances , state laws, and regulations of state agencies and depart- ments . -4- 18 . Proof of Title. Upon request, the Applicants shall furnish the City with evidence satisfactory to the City that they have acquired fee title to the subject property. 19 . Erosion Control . The Applicants, at their expense, shall provide temporary dams, earthworks , or such other devices and practices, including the seeding or sodding of graded areas , as shall be needed, in the judgment of the City Engineer, to prevent the washing, flooding, sedimentation or erosion of lands and roads within and outside the sub- ject property during all phases of construction. Applicants shall keep all streets free of all dirt and debris resulting from construction by the Applicants or their agents upon the lands described in Exhibit A hereto. 20 . Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Applicants , the Applicants ' contractors or subcontractors, materialmen, laborers , or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agree- ment or the performance and completion of any work and improvements hereunder; and that the Applicants will save the City, the City Council , and the agents and employees of the City harmless from any and all claims, damages, demands , actions or causes of action arising therefrom and the costs , disbursements and expenses of defending the same. 21 . Written Work Orders . The Applicants shall do no work nor _ furnish materials for which reimbursement is expected from the City unless a written order for such work or materials is received from the City Manager. Any such work or materials which may be done or fur- nished by the Applicants without such written order first being given shall be at its own risk, cost and expense, and Applicants hereby agree that without such written order, Applicants will make no claim for com- pensation for work or materials so done or furnished. 22 . Liability Insurance . The Applicants shall take out and main- tain, until the time of completion of the Building and the improvements _ described in 1il above, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Applicants ' work or the work of their subcontractors , or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $100, 000 for one person and $300, 000 for each accident; limits for property damage shall be not less than $100, 000 for each accident. The City shall be named as co-insured on said policy and the Applicants shall file a copy of the insurance coverage with the City . 23 . Remedies Upon Default. a. In the event the Applicants shall default in the performance of any of the covenants and agreements herein contained, and — such default shall not have cured within ten (10) days after receipt by the Applicants of written notice thereof, the City, if it so elects , may cause any of the improvements described in 11 above to be constructed and installed, and may cause the entire cost thereof , including all reasonable engineering , -5- legal, and administrative expense incurred by the City, to be recovered as a special assessment under Minnesota Statutes _ Chapter 429, in which case the Applicants agree to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. App- _ licants further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Applicants ' real property described on Exhibit A for any amount so unpaid, and the City shall have the right to fore- close said lien in the manner prescribed for the foreclosure of mechanic 's liens under the laws of the State of Minnesota . b. In addition to the foregoing, the City may also institute legal action against the Applicants and the corporate surety on their performance bond, or utilize any cash deposit made hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements . In the event of an emergency, as determined by the City engineers, the notice requirements to the Applicants shall be and hereby are waived in their entirety, and the Applicants shall reimburse the City for any expense incurred by the City in remedying the condi- tions creating the emergency . c. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within variance contract, to restrain or abate violations of the within variance contract, or to prevent use or occupancy of the proposed Building. 24 . Address of Developers . The address of the Applicants for purposes of this development contract and for purposes of notice under this contract shall be: Box 207 , Chanhassen, Minnesota 55317 . 25 . Successors and Assigns . It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure- to the benefit of their respective successors and assigns . IN WITNESS WHEREOF , the parties hereto have caused these presents to be executed on this day of , 1978 . CIT CHANHASSEN HANSEN & KLINGELHUTZ CONSTRUCTION, INC. ` awl � I /., _ By �. .10‘. By ;�. �..,..1•_„ /; 1 I • Mayor Its - - ATTEST: /' �L T And / , , y0-7, {" City Hager `" ts `� / r -6- WEST I PROPERTIES / Je fk E . Swldlund, a Partner - „ Roxanne Swedlund; a Partner / / 4t* .'- Doglas/M. Hansen, a Partner • IA II, Beverly J.(•, 9sen, !a Partner - 7ir,,-,,, ; ('./117:./, (/ /74- Thomas A. KlingeIhutz, ,Partner i, - s. / ,--z .-'-- Catherine >Catherine M. Klingelhutz, a Partner -r--, I: T .) ii gi - Royrt 0. Nyen, a Partner - - STATE OF MINNESOTA ) ss . COUNTY OF 6,a/w.) ) On this /L- "4 day of 7ha-c-s--' , 197', before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority - of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation r Notary Pu is a •:.-�- KAREN J. ENGELHARDT -7- € 1 i�� NOTARY PUBLIC-MINNESOTA \ ' ](�� CARVER COUNTY \w,.......- 1Ay Cb•tuniss,....�..:..:es Oct. 11.1M5 v+. STATE OF MINNESOTA ) ss . COUNTY OF ) On this day of , 1978 , before me, a notary public within and for said county, personally appeared — and , to me personally known, who, being each by me duly sworn, did say that they are respectively the and the of the corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said — instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ) ) ss . COUNTY OF ; �_L_� '- ) On this Ste'' day of 7-)1 .1 , 1979, before me, a notary public within and for said c unty, personally appeared JEFFERY E. SWEDLUND, to me personally known, who being by me duly sworn did say that he is a partner of the partnership named in the foregoing _ instrument, and he acknowledged to me that such partnership executed the same . 1 . 4V-i:� — Notary Public STATE OF MINNESOTA ) ss. COUNTY OF !1 �� ) On this day of `7i��c , 1979, before me, a notary public within and for said comity, personally appeared ROXANNE SWEDLUND, to me personally known, who being by me duly sworn did say that she is a partner of the partnership named in the foregoing instrument, — and she acknowledged to me that such partnership executed the same. Notary Public STATE OF MINNESOTA ) ) ss . _ COUNTY OF h ti4 t- ) On this day of �1 �s- , 1979 , before me, a — notary public within and for said county, personally appeared DOUGLAS M. HANSEN, to me personally known, who being by me duly sworn did say that he is a partner of the partnership named in the foregoing' instrument, and he acknowledged to me that such partnership executed the same. {tiL6z,-;(, a . Notary Public /z - -8- STATE OF MINNESOTA ) ) ss . COUNTY OF (("L"` 1/ ) On this 0 day of , 197,,, before me, a notary ]7�,L� public within and for said county, personally appeared BEVERLY J. HANSEN , to me personally known, who, being by me duly sworn, did say that she is a partner of the partnership named in the foregoing instru- ment and she acknowledged to me that such partnership executed the same. Notary P is STATE OF MINNESOTA ) ss . COUNTY OF dQ uti t' ) On this $ ` day of 72)Ccv- , 1979, before me, a notary public within and for said coun€y, personally appeared THOMAS A. KLINGELHUTZ, to me personally known, who, being by me duly sworn, did say that he is a partner of the partnership named in the foregoing instrument andhe acknowledged to me that such partnership executed the same. 4'(t '/u_c&iz, a A//c-7tti7/_ STATE OF MINNESOTA ) Notary Public ss . COUNTY OF On this " day of , 1979, before me, a notary public within and for said county, personally appeared CATHERINE M. KLINGELHUTZ, to me personally known, who, being by me duly sworn, did say that she is a partner of the partnership named in the foregoing instru- ment and she acknowledged to me that such partnership executed the same. d �✓�L�zf 1,�;L Notary Public STATE OF MINNESOTA ) _ ) ss. COUNTY OF ) On this //,'"11day of 7�..c , 1979, before me, a notary public within and for said county, personally appeared ROBERT 0. NYEN, to me personally known, who, being by me duly sworn, did say that he is a partner of the partnership named in the foregoing instru- - ment and he acknowledged to me that such partnership executed the same . .67 Notary g isc-iJ KAREN J. E'�GEL 'IARDT Fl.'c_•�.M'N!JESOTA 11� r— CqR�LF; COUNTY 1�y Commis'�n Ea✓nes Oct.11.1*es -9- :... HANSEN & KLINGELHUTZ CONSTRUCTION, INC. VARIANCE CONTRACT FOR BUILDING AT PICHA DRIVE AND MANDAN DRIVE EXHIBIT A Lots 4 and 5, Block 2, Burdick Park Addition, according to the map or plat thereof on file and of record in the office of the County Recorder _ in and for Carver County, Minnesota. -10- /0 CITY OF11111111!iiirCHANHASSEN - 7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317 (612) 474-8885 sew by City Adoinista toT PLANNING REPORT Ends DATE: May 7, 1979 ReJ Oats TO: City Manager, Don Ashworth Acte sc'x,ttd t0 �`Tm FROM: Assistant Manager/Planner, Bob Waibel �' a Ccuncn SUBJ : Development Contract Amendment Request, H & K Warehouse, Burdick Park APPLICANT: Hasen and Klingelhutz PLANNING CASE : P-481 Petition The applicants are requesting to amend Sections 4 and 5 of their proposed development contract with regards to overnight motor vehicle parking . As shown in the attached planning commission minutes of April 4 , 1979 , the planning commission moved to recommend that "the council amend the development contract, item 4 be amended to read licensed vehicle parking, item 5 increased the weight restrictions from 7 , 000 to 9, 000 lbs for overnight parking on the east and south, that outside storage be confined to the west side of the building with no storage of vehicles larger than 8 x 20 feet. " This office recalls that during the site plan review of the subject — proposal , the plans were presented in a manner indicating that the bay doors on the building were designed so that they could accomodate various types of construction equipment mounted on trailers. Based upon the concerns of the planning commission during site plan review regarding the issues of storage and parking on the subject property, and the fact that many service vans and pick up type vehicles are licensed at 9, 000 lbs. , I recommend that Section 5 of the development contract be amended to read that no motor vehicle larger than 9 , 000 lbs. licensed gross weight shall be parked or stored outside of the building on the subject property between the hours of 2 : 00 a.m. and 6 : 00 a.m. on any day. Furthermore, I recommend that all vehicles to be stored overnight shall be self propelled light duty over the road vehicles , and that permission be restricted to the west property line only. C I TY 0 F - CIIANHASSEN 7610 LAREDO DRIVE•P.O. X 4 • H BO 1 7•C A NH ASSEN, MINNESOTA 55317 (612) 474-8885 - PLANNING REPORT DATE: April 2, 1979 TO: Planning Commission and Staff FROM: Assistant Manager/Planner, Bob Waibel SUBJ: Development Contract Review for H & K Warehouse APPLICANT: Hansen and Klingelhutz Construction, Inc. PLANNING CASE: P-581 This item was before the planningcommission at it' s regular February 28, 1979 , meeting, at which time the planning commission wanted staff _ to look at alternative amendments concerning the overnight parking at the H & R warehouse site in Burdick Park. From an administrative standpoint, I believe that staff is not authorized to enter into amendment negotiations until the city council so directs that the development contract might be amended. • What is needed at this time, is a polling of the planning commission, - and a motion resulting from that polling stating how and if the development contract should be amended. This motion will be submitted concurrently with the staff recommendation to the city council for their consideration. Based upon the recollection that the initial plan proposal, was pre- sented so as to indicate -that the door bay heights.. were adequate to clear equipment on trailers , I recommend that section 5 weight restrictions be increased to vehicles no larger than 9 ,000 lbs . , that this provision apply only to the western side of the property , and that the vehicles eligible for overnight parking shall be self- propelled light duty over the road vehicles. • CITY OF • CHANHASSEN 7610 LAREDO DRIVE.P.O. BOX 147•CHANHASSEN, MINNESOTA 55317 • (612) 474.8885 PLANNING REPORT DATE: February 28 , 1979 TO: Planning Commission and Staff FROM: Assistant City Manager/Planner, Bob Waibel SUBJ : Development Contract Amendment Request APPLICANT: Hansen and Klingelhutz Construction, Inc. PLANNING CASE: P-481 Attached hereto you will find the letter of amendment request of behalf of Hansen and Klingelhutz and involved section of the development contract. As stated in section 5 , no motor vehicle larger than 7 , 000 lbs . be permitted to be parked at the site between the hours of 2 :00 a.m. and 6 : 00 a.m. on any day. The second page of the Hansen and Klingelhutz letter of January 18, 1979 , appears to imply that a business leasing must have the right to park a truck, trailer and equipment if need be . The attached planning commission minutes of May 10 , 1978, state that materials will be _ stored outside but vehicles may be parked outside and that an adequate development contract controlling the visual quality of the grounds should be implemented. From my recollection, I believe that it was also stated at site plan review that bay doors of the structure were desiged as such to allow equipment of tenants to be stored indoors overnight. It is for these reasons , that I recommended that section 5 of the development contract be amended to read that no motor vehicle larger than 9 ,000 lbs. licensed gross weight shall be parked or stored outside of the building on the subject property between the hours of 2 : 00 a.m. and 6 :00 a.m. on any day. Furthermore the motor vehicles to be stored outside shall be self-propelled light duty , over the road vehicles . - ;� kyr• , ,,h//�^ ./ C;:y AdrrJn sfrafci+ /�, Referred To; , M3 or Council Attowy.�` c� Erg., �sr HANSEN & 1;cesu.sr KLINGELHUTZ F`'``'°y== construction, inc. Vett �liairt,s tt Press Other `� DATE: January 18, 1979 Date /7-77— TO: L " JTO: City Manager, Don Ashworth AND the City Council FROM: Hansen & Klingelhutz Construction, Inc. SUDJ: City Development Contract for Industrial Building on Manadan Drive Upon reviewing the City contract for our industrial building on Mandan Drive in Chanhassen and having some experience in the leasing process of the building, we find that we cannot live with the restriction as stated in item 5 (overnight parking prohibited). We would like you to reconsider this portion with the following changes: 1. Change 7000# to 9000# gross weight so it may include all vans and pick up trucks commonly licensed at 9000#. 2. Change this overall restriction to apply to vehicles in the — front area of building only-not to include parking restrictions on the side or rear of our private property. I recommend this for the following reasons: 1. Many ordinary vans and pick ups are licensed for 9000. 2. By changing the restriction to apply to the front of the building only, you will still accomplish what I think you are intending to do, which is keep the appearance of the site in front neat and clean looking with no large vehicles parked in front. The rear and south of the building will be screened by the building itself which is approximately 18' high. 3. We are completely screened in the rear by the woods which I assume will likely remain. The tree line is an asset of great value especially along the lot line to whomever owns the property. cont. • 7198 FRONTIER TRAIL • CHANHASSEN, MINNESOTA 55317 • (612) 474-4146 HANSEN & KLINGELHUTZ construction, inc. Industrial Bldg. Contract cont. Page 2 We request this change not because we expect a mess but because a business leasing here must have the right to park a truck, trailer, equipment if need be. This should be a lessors right in Eden Prairie, Edina, Chanhassen or wherever. I assure you, backed by our reputation in dealing with you in the past, that our building and site will be kept neat and clean in front and back with no trace of junked cars or trucks etc. as seen in other parts of Chanhassen. Please consider this seriously since it is very important for us to succeed in leasing the building. I hope you will approve this change _ and we will do ourpart in policing ourparking so the overall appear- ance is pleasing. Sincerely, �.t4-' til �, s✓�+-�. 7' • f/x .11 Douglas N. Hansen Thomas 0. IO.ingeLhutz 7198 FRONTIER TRAIL • CHANHASSEN, MINNESOTA 55317 • (612) 474-4146 Planning Corr*nissior Meeting May 10 , 1978 _7- SITE PLAN REVIEW - nANSEN & KLINGELHUTZ : Ton, _.lingelhutz , Doug Hansen, Jim Hawks , and Jeff Swedlund were present . H. & K. are proposing to construct a 19 , 800 square foot office/warehouse facility on Lots 4 and 5 Burdick Park. The property is currently zoned I-1 and is shown on the HRA plan as General Business . Sewer and water are available to the property. The proposed building has seven 30 ' x _ 90 ' bays and approximately 600 square feet of that will be office . Seventy-six parking spaces are shown but some may have to be eliminat( I near the loading dock. No materials will be stored outside but vehicles may be parked outside. The building will be eight inch concrete blocl— with a fractured block band along the top for decoration. Walter Thompson moved to recommend the Council look with favor on the Hansen and Klingelhutz office/warehouse facility subject to : 1 . That an adequate development contract controlling the visual quality of the grounds be implemented. 2 . That the proposed rear yard setback be allowed as submitted . 3 . That parking up to the westerly property line be Permitted. 4 . That the clear aisle widths by the loading docks be increased to meet ordinance standards . 5 . That the loading dock width be increased to 12 feet . 6 . That the berm at the north access on Mandan Drive should not exceed 22 feet in height . 7 . That more detailed information be supplied concerning the outside storage facilities . 8 . That information regarding the architectural treatment of the building be furnished. 9 . That plans for signage be submitted for Sign Committee review. 10 . The developer submit a lighting plan for review by the Planning Commission. 11 . The front yard setback is 23 feet. The ordinance calls for a 30 foot front yard setback. 12 . The developer consider 45° angle parking along the west property line. The Guide Plan and CBD Plan show the area to the west to be something other than R-1A, therefore, the Planning Commission recommends a side yard variance be granted. Motion seconded by Jerry Neher and unanimously approved. Dick Matthews moved to adjourn. Motion seconded by Les Bridger and unanimously approved. Meeting adjourned at 12 :30 a.m. Don Ashworth City Manager NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City" ) of the Applicants ' development plans and the approval of the above described variance requests, the City and the Applicants agree as follows: 1 . Improvements by Applicants . Applicants agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the site plan and landscape plan described in paragraph 2 below: a. Parking lot and access driveway grading, stabilizing, and bituminous surfacing, b. concrete curbs and gutters abutting all parking lot areas _ and access driveways, except the western edge whereon a rolled bituminous curb shall be installed, c. storm and surface water drainage, d. boulevard sodding or seeding of uniformly good quality, and e. grounds lighting. 2. Scope of Development Governed by Exhibits. The exterior dimensions , architectural design, decorating scheme, grading plan, loading dock configuration, and placement of structures shall be in conformance with that certain Site Plan dated April, 1978, Site Plan dated May, 1978, Landscape Plan dated April, 1978, undated Ground Floor Plan, undated Exterior Elevation Drawing, Street Construction Plan dated April 13, 1978 as revised by the City Engineer on April 21, 1978, and Storm Drainage Plan dated April 13, 1978 as revised by the City Engineer on April 21 , 1978, all of which are on file in the office of the Chanhassen Zoning Administrator in File P-481. The building shall be constructed of stacked square block except for a decorative band of vertical fracture block creating a relief effect shadow line. Said block shall be painted in tones of gray or white. The canopies depicted on said elevation drawings shall project outward six (6) feet and night lights shall be provided to illuminate all entrances to the Building. 3 . Effect of Conflicting Ordinance Provisions. The parties hereto acknowledge that the development as described in paragraph 2 above conflicts with the literal provisions for setbacks, load dock con- figuration, front yards, side yards, and rear yards contained in SS12. 05, 12. 08 and 9 .07 of the Chanhassen Zoning Ordinance. The parties hereto furtheracknowledge that, in accordance with the above described resolutions of the Chanhassen Board of Adjustments and Appeals and the City Council, the proposed development may be constructed in conformity with the various plans which are described in paragraph 2, above. 4 . Outside Storage Prohibited. With the exception of trash facilities as hereinafter provided, and with the exception of motor vehicle parking as hereinafter provided, no equipment or other personal property shall be stored or displayed outside of the building. -2- •5 . Overnight Parking Prohibited . No motor vehicle of larger than 7, 000 pounds licensed gross weight shall be parked or stored outside of the Building on the subject property between the hours of 2 : 00 o'clock A.M. and 6 : 00 o 'clock A.M. on any day. The Applicants acknowledge that their acceptance of the foregoing restriction was the keystone to the City' s action approving the variances requested by the Applicants , and further acknowledge said restriction must be strictly complied with and may be enforced by the City in proceedings at law or in equity. 6 . Parking Lot Configuration. Off-street parking facilities shall be constructed in accordance with the Site Plan described in 112 above with the following modification: a. All parking spaces shall be clearly delineated or marked as such and shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet exclusive of aisles and maneuvering space . b. A clear aisle width of at least eighteen (18) feet shall be provided for all parking spaces located easterly of the Building . 7 . Schedule of Work. The Applicants further agree that they shall commence work hereunder immediately, and shall have all work done and improvements fully completed to the satisfaction and approval of the City on or before ,;�� i , 1971i .. The Applicants shall submit a written schedule indicating the proposed progress schedul.. and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Applicants of the existence of causes over which the Applicants have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. 8 . Grading Plan and Lighting Plan. No Certificate of Occupancy shall be issued and the Applicants shall not occupy the Building until the Applicants ' final grading plan has been reviewed by City staff for purposes of verifying that said grading plan is in complete conformity with all of the provisions of the within permit and contract. Said final grading plan shall include existing contours, proposed grading elevations, drainage configurations , storm water drainage configurations , spot elevations, proposed access driveway road profiles,- location and candlepower of all illuminaries, and locations of exterior trash storage areas . 9 . Sign Plan . The Applicants agree to prepare and submit to the City a sign plan, which shall include location, type, and dimensions of all proposed exterior signs . No exterior signs shall be erected and no sign permit shall be issued until after said sign plan has been reviewec by the City for purposes of verifying that said sign plan is in confor- mity with applicable City ordinances . -3- ti Planning Coirmissic Seting April 4 , 1979 -3- from Chapparal would be reduced from about 113 cfs prior to development to 54 cfs after development. The Engineer is engaged in a study to determine whether this reduction in flow is enough to eliminate the existing erosion problem in the creek. Additional controls within the Chapparal development are not recommended. The storm sewer system has adequate capacity except that a second catch basin should be added in the most southeasterly cul-de-sac. The watermain in Kerber Blvd. should be 18 inch instead of 16 inch. The slopes on the pond should be 3 :1 or possibly 4 :1 for maintenance and safety reasons . Pat Swenson moved to recommend the Council grant final approval of the plat as proposed with the shifting of the boundary of the second addition to encompass the southern boundary of the road (Exhibit A, Road A) and subject to the conditions of staff. Motion seconded by Mal MacAlpine and unanimously approved. DEVELOPMENT CONTRACT AMENDMENT - HANSEN AND KLINGELHUTZ , BURDICK PARK: Tom Klingelhutz and Doug Hansen were present requesting amendments to items 4 and 5 in their development contract. Mal MacAlpine moved to recommend the council amend the development contract, item #4 be amended to read licensed vehicle parking, item #5 increase the weight restriction from 7,000 to 9 ,000 lbs. for overnight parking on the east and south, that outside storage be confined to the west side of the building with no storage of vehicles larger than 6 x 20 feet. Motion seconded by Jerry Neher and unanimously approved. MC GINN LOT SPLIT : LOT 4 , BLOCK 1, HARVIR HILL: Mr. McGinn is seeking approval to subdivide Lot 4 , Block 1, Harvir Hill into two lots . Pat Swenson moved to hold a public hearing on April 25 , 1979 , to consider the lot split conditioned upon receipt of an abstractor 's _ certificate by April 9 . Motion seconded by Mal MacAlpine and unanimously approved. THE BALTIC COMPANY - SITE PLAN : The Baltic Company is requesting rezoning of Lots 1 and 2 , Minnewashta Park from R-1 to C-1. The property currently is the site of Cermak Sales and Service. Reynold Roberts , representing the owners, gave a presentation. They are proposing to remodel the existing building into an office building. The remaining structures and equipment would be removed from the property. Eleven parking spaces would be provided on the east side _ of the building. The Baltic Company would be the owner/user of the building. The Assistant City Attorney asked for vertification of ownership of the property. Mal MacAlpine moved to hold a public hearing on April 25 , 1979 , to consider rezoning from R-1 to C-1 subject to proof of ownership. Motion seconded by Jerry Neher and unanimously approved. CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION{ APPLICANT: �% PROJECT NAME 14) .-.-C Ode E}IPF, ► Dr ) LOCATION "•700 (V,..-)f f i Q\tf E, LEGAL DESCRIPTION LorS 3 ¢s 1l — / PRESENT ZONING b REQUESTED ZONING P PRESENT LAND USE DESIGNATION V4eAtJT) Lor 3 REQUESTED LAND USE DESIGNATION L iv, A UFA C71,1 ti G.— DFF t Cf ted!-'5E. REASON FOR THIS REQUEST Fi.Pf oS i oi) ,- •T2 rvc. — Sc 'T'- iSC7-72s D7 LD 3 rP_DI*/ C ,d ,SEI) H P.A. This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information - and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. — This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the - authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further — understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's Office and the original document returned to City Hall Records. - Signature o,Applicant Date •/\.;�u.t.�� /-; Uf�, � z-/6 .. 93 Signature.2f Fee Owner Date Application Received on Fee Paid Receipt No. This application will be considered by the Planning Commission/Board.of Adjustments and Appeals on )1;117 I E `— • - -2117sw cc(:)143 . ' -1 --15 zj . rry . ors NOTICE OF PUBLIC HEARING .i: 1 J . IM 11111111 lis ,.rte PLANNING COMMISSION MEETING Wednesday, March 17, 1993, 7:30 P.M. 13G i/ ■mo B a City Hall Council Chambers - P • 'DRIVE- 11% lall 690 Coulter Drive ' . �I Project: Concept Plan for Ra . , i . yi.,) '"� •� i� i West One Expansion1L " �—� Developer: Doug Hanson P ,y - ( , West One Properties _°, 4 .. _... ... Location: 7900 Monterey Drive • ,.0\ , -,-, 4 ��l I ` f' /" f - i • Notice: You are invited to attend a public hearing about a development proposed in your area. Doug Hanson proposes to rezone property zoned BG, General Business to PUD, _ Planned Unit Development for a manufacturing and office expansion located at 7900 Monterey Drive. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Planning Commission Chair will lead the public hearing — through the following steps: 1. Staff will give an over view of the proposed project. — 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The — Commission will then make a recommendation to the City Council. Questions or Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Jo Ann at 937-1900. If you choose _ to submit written comments, it is helpful to have one copy to the Planning Department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on March 4, 1993. ),. .1,�� 3 — Frontier Development Corp. —c/o Bloomberg Companies, Inc. B. C. Burdick Bloomberg Companies, Inc. P. 0. Box 730 426 Lake Street 545 West 78th Street Chanhassen, MN 55317 Excelsior, MN 55331 P. 0. Box 730 Chanhassen, MN 55317 Roberts Automatic Products, Inc. Lutheran Church of the Living E. Jerome Carlson —880 Lake Drive Christ Instant Web, Inc. Chanhassen, MN 55317 Box 340 6950 Galpin Lake Road Chanhassen, MN 55317 Excelsior, MN 55331 Twin Cities & Western Railroad Dayton Hudson Corp. _723 11th Street East c/o Target Stores Glencoe, MN 55336 33 South 6th Street Minneapolis, MN 55402 Planning Commission Meeting March 17 , 1993 - Page 60 becoming real intense and irritating the people around them and over crowding the lake . Okay? _ Gary Carlson: I think we should accept your recommendation . . . Batzli : Okay . Gary Carlson: Because two things will happen . First of all , when you say launch , a boat and trailer . . . If someone sees that it 's a , the only people- who will launch will be my neighbor . . .but if you say launch and I tell everyone there 's going to be a launch . Batzli : Well we 're going to say no launch in a minute so don 't worry about that . Gary Carlson: If you say no launch , fine . Batzli : Okay . Do we have a motion? Ledvina : I would move that the Planning Commission recommend the approva of the Non-Conforming Recreational Beachlot permit application by Schmid ' . Acre according to or consistent with the request and specifically with these exceptions . The number of boats docked to 1 . Number of boats on - land being 1 and an exception to the request for a boat launch . No boat launch . Batzli : Is there a second? Mancino : Second . Batzli : Is there any discussion? Ledvina moved , Mancino seconded that the Planning Commission recommend approval of Non-Conforming Use Permit for a Recreational Beachlot for Schmid 's Acres with the continued use of one dock , 1 boat parked at the dock , 1 boat parked on land , off street parking for 10, 1 canoe rack , and- no boat launch permitted . All voted in favor and the motion carried unanimously. Batzli : When does this go to the Council? Aanenson : It should be on April 12th . PUBLIC HEARING: CONCEPT PLAN TO REZONE PROPERTY FROM BG , GENERAL BUSINESS TO POD , PLANNED UNIT DEVELOPMENT FOR EXPANSION OF AN OFFICE AND MANUFACTURING FACILITY LOCATED AT 7900 MONTEREY DRIVE , WEST ONE EXPANSION , DOUG HANSON . WEST ONE PROPERTIES . Jo Ann Olsen presented the staff report on this item . Chairman Batzli called the public hearing to order . Doug Hanson: I 'm Doug Hanson . I live in Minnetonka . Planning Commission Meeting March 17 , 1993 - Page 61 Batzli : I 'm sorry . Before you start in , I have one more question of Jo Ann . Are you done with the rest of your staff report? Olsen: I was just going to finish to say that there used to be 5 users in this building . As Chaska has expanded , they 've pushed them out . He , Doug Hanson who will be explaining that he is proposing with this expansion that he will locate his own construction business there also and I believe a plumber . So I think we need to have it clear exactly who would be using that site . Farmakes : Can I ask for some additional site plan , I guess this isn 't site plan review but some concept on how this is in relationship to the Burdick property that still remains behind Target and that road going in . I believe we might have a few drawings in the back of there of Target , but we don 't see that on any of this . The relationship of this building to the area behind Target and the drive in , the service road that goes back behind there . Olsen: Right here is . . .Market Square . . . This is Pica Drive and this is where you get into Target . . . Farmakes: But there still are some lots I believe behind Target . There 's 2 lots . Olsen : . . .where the trees are? Farmakes: Okay , down there by your stomach . Batzli : But is this contingent upon , I mean looking at Don 's comments here . Is this all contingent upon , rezoning this PUD can be made contingent upon the HRA selling this hunk of land? Olsen: Well they have , they own it and they have total control now . Batzli : Yeah but I don 't want to rezone this PUD . Olsen : If the HRA . Batzli : Well it says here , isn 't this hunk , is this a proposed expansion? Is that going on land that 's owned by the HRA right now? Olsen : Correct . Right . Batzli : So can we make this contingent , because I don 't see in any of the conditions that this is contingent upon them getting all the property under common ownership . Olsen: Sure you can . Batzli : If they don 't do that , then there 's no point in us rezoning these individual little parcels PUD . Olsen: Exactly . Planning Commission Meeting March 17 , 1993 - Page 62 Batzli : Okay . Please , go ahead . Doug Hanson: I 'm Doug Hanson . I was one of the builders , the partner of - Tom Klingelhutz back in '78 . We had about 5 previous people as tenants i there . It was office/warehouse . DayCo Concrete was in there . Vernco Maintenance . Frontier Meats . There was an auto body shop in there and there 's another one but I can 't think of what it was . But eventually Chaska Machine has taken over the whole operation and they 're in a position to expand . They would like to stay there if they could . We would , I have a company , Hanson Hometech . We do residential remodeling . work with my two sons . Steinkraus Plumbing would be another tenant and w would share a small area in the very end of this building . About 2 ,000 square feet . We would share the office and the secretary/receptionist . - That type of thing . Otherwise it 's mainly for Chaska Machine . And the future expansion area would be for them also as they grow . There 's 5 ,400 square feet in the proposed expansion . . . The highway is here and the railroad tracks is here . . . Batzli : Okay . Does anybody have any questions? Harberts : I have a comment . Chaska Business Machines as well as the Target area , if you recall when Target came before the Commission there was a transit element involved and it 's simply because of the amount of - traffic and trips that would probably be generated in the Target area . Chaska Business Machines is one of the businesses that are being targeted for reverse commute opportunities . Basically bringing people from the inner city out to a possible location such as Chaska Business for employment . And because of the location , and what could potentially happen with these other areas , my comment is that I would like to have Southwest Metro involved in the , if this thing goes forward , to add that transit element in here because I see a potential high demand for public bus service to bring potential workers out to this area . Especially with Target . . .and what I 'm seeing right now is basically maybe just adding like a bus shelter or a bus stop or something in that turn around area . That circle , that cul-de-sac little thing . So I 'd like to encourage that Southwest Metro become involved with this conceptual site plan design to _ insure that it 's transit friendly and that it continues to fill that reverse commute strategy . Olsen: By transit friendly you mean that a bus can get in there or a vane' Harberts : More a van but just basically putting maybe a bench or a bus shelter or something . Simply , you know with Chaska Business Machines is expanding . They 're going to expand their work force . They 've already been identified as a company out in Chanhassen to promote reverse commute . So I just think that they 're a top candidate to really focus in on making sure that this facility is transit friendly . That would be basically the same concept that you see presented to you when you looked at the Target site plan . Batzli : Any other comments right now? Okay . Did you have anything else Doug Hanson : I 'm here to answer any questions . Planning Commission Meeting March 17 , 1993 - Page 63 - Batzli : Okay . We 'll probably ask them in a minute . Is there anyone else from the public that would like to address the Commission? Okay . Is there a motion to close the public hearing? Ledvina moved , Scott seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. - Mancino : I have one question . Batzli : Go ahead . Mancino: My big question is , is that the comprehensive plan that was done in 1992 designated this property as commercial even when Chaska Machine and Tool were there at the time . I 'd just like to hear the rationale behind that . Why did they not , when Chaska Machine and Tool were in there at the time in 1992 , designate it as industrial? Or light manufacturing . - Batzli : Because we 're trying to get all the manufacturing out of the city and we assumed that once they were ready to leave or we 'd buy them out , it would be commercial property . It 's downtown . Farmakes: But the ensuing developments that occurred basically boxed in that property from any reasonable access or for potential client , retail client to see it . It just isn 't going to happen . You 're going to have to - know it 's back there because you 're not going to see it from anywhere else . Mancino: So commercial , is that only retail or could that be office? Farmakes : Well it possibly could be office . Mancino : It could be an office . So it could still be commercial and not be retail but be . - Farmakes: That 's correct . Batzli : And that 's the big issue . Farmakes : Except most of our office buildings are retail . We 've heard arguments about that before too . That 's what they wind up being . Harberts: But isn 't the office industry also telling us that it 's going to be another 10 years before that market comes back around? - Farmakes: That 's how things progressed in development of the city . Eventually come the lawyers . . . _ Mancino: The industrial is an anomaly there . The way it looks right now and to keep adding onto it and make it even bigger , it just doesn 't fit . That 's all I have . Batzli : Jeff . Planning Commission Meeting March 17 , 1993 - Page 64 Farmakes : It would depend on how they would revision that building . I have I think real sympathy that that particular piece of property would not work as a retail and I 'm not sure that the foreseeable future if it 's- feasible to consider it as a business area . It is sort of a little hold over pocket from a failed development many years ago of , I remember seeing , I will build on this site your company sign , I don 't know a decade at least . I never saw one of the properties being sold . I 'm not sure that this is going to be something that 's going to be easy for the City t� deal with as to what they 're going to do with this . This may be a reasonable alternative . JIt isn 't very low impact area . It 's going to be basically surrounded by other buildings and the only way you 're going to be able to see it is for a very brief time as you drive over the bridge . Certainly one of the possibilities is giving it a facelift and eliminatir- any of the types of objectionable industrial use that 'd be incompatible such as on site storage of machinery or materials that would be objectionable . Expanding that type of useage I think would be the wrong way to go . But I think from a conceptual point of how we 're looking at this , I wouldn 't turn it down flat and say that 's not a reasonable alternative to use this property . I 'd leave that up to the applicant as to how they would soften that connection of an industrial use with what i on the plan that designates it as a commercial area . In other words , the more you could make it look like a business building , office building , the better off a case could be made that that was being done as a solution . That 's my comment . Batzli : So right now you 'd be willing to look at it as a PUD or wouldn 't_ you be willing to vote on the concept and rezoning? Farmakes: As I understood it , what we 're looking at here today is just the concept itself . . .correct? - Batzli : Right . Farmakes : We 're not voting to make this a PUD today? Conceptually yeah . Harberts : What message are we sending to the HRA though? Batzli : Yeah . Farmakes: Well we really don 't . - Batzli : If we vote on it conceptually that we like it , then they 're going to get the impression that we ' ll approve it or something soften down the road . Harberts: Or we cave in on something . Farmakes : That 's difficult to do here because we 're really looking at a very preliminary concept . What we 're looking at here . We 're not looking at any detailing or what they 're planning on doing with the building other than expanding the connection use . Batzli : But it sounds like , I 've heard one person say this isn 't appropriate . You say maybe , if it 's done right . Planning Commission Meeting March 17 , 1993 - Page 65 Farmakes : Correct . Batzli : Okay . Doug Hanson: Could I say something? Batzli : Sure . Doug Hanson: I plan to follow the building that 's there . It 's a 20 ,000 square feet building there and I just , all you 're seeing is another 30 foot and a turn and another 60 foot . And so there 's really not much different on the front so I would follow the same site , the same architecture that 's there right now . Farmakes : In long term use for downtown and if you 're looking at where in the long term in the market developed for business/office type market , which is not , I don 't believe here yet or we haven 't seen that demonstrated by our developers . We do have a fairly limited amount of space downtown where that would go so that 's another thing for consideration in reviewing this . I 'm just saying that it 's how far down the line you wish to look for this type of useage . This is a possible solution for the existing building and I don 't think that I 've got enough information to go one way or the other . Scott : If from a manufacturing standpoint , could you tell us , and especially me , what happens in that building? What do you do in there? When you manufacture . Manufacturing . . . Doug Hanson : Okay , it 's Chaska Machine and Tool and punch presses and they make parts for machines . They 're shipped all over . Scott : Custom fabrication . Doug Hanson: Yeah . Just small , mainly small parts . Scott : So you guys basically take , your raw materials are metal? - Doug Hanson: Yep . Scott : Metal castings? Doug Hanson: No metal , sheet metal . Scott : Pretty much sheet metal? Doug Hanson: Stamped parts and machine parts and things like that . Scott : Okay . So as far as any sort of , and then the scrap , basically a scrap hauler takes it away and recycles it or something? Doug Hanson : Yeah , it 's recycled . Right . Scott : Okay . And then as far as , is there any sort of hazardous material that we could probably get some fumes? Planning Commission Meeting March 17 , 1993 - Page 66 Doug Hanson : No . Scott : You know when I was down there , it was hard for me to tell but my opinion is conceptually I don 't have a problem with this at all . Granted there 's some architectural features on some adjacent buildings that need to be considered but I figure , it seems like this property is probably no that useful for something else and if these guys happen to grow out of it or , I mean office warehouse is pretty useful space . But then you 've got an industrial , a couple of things in the TIF district that have some of - that empty space anyway . So I mean you 're right , the market isn 't there . But conceptually I don 't have a problem with it and from a standpoint , they 've got a business running here . They 're looking at expanding . It looks like a logical alternative , so that 's my opinion on it . Batzli : Okay , Matt . Ledvina : I share the same sentiments as Joe here . I think this seems to be a reasonable extension of the existing use . I guess in looking at some of the conditions in the staff report here , we have on number 3 the expansion of the building shall match the architectural design of the existing building . And we looked at , recently we looked at , was it . . .and we changed that building to , or we suggested the developer change the building to include some pitched roof elements and I think you could easily do the same thing for the expansion and make it work . Because muc of the building is , you know has a flat roof and then you can have an entrance or something like that that has a pitched element to improve the - architecture or increase the standard or whatever . So I think we could change that to say matching and enhance the architectural design . But I guess other than that , I agree . It 's kind of a weird little corner and if it can be expanded to an increased use by . . .use , I think it should be done . Batzli : Okay . Ladd . Conrad: I saw an interesting figure tonight . An acre of commercial land sells for $130 ,000 .00 in Chanhassen . An acre of industrial land is a little bit over $40 ,000 .00 . And so what 's the implication of value . As you talk industrial , there 's a gap between that and what commercial property is valued at . How does this impact our decision? Olsen : Well in the value of it , and all of that kind of gets back to the HRA . It 's their final decision whether or not to sell it , and that 's where we got involved in this because of the HRA wanting to know , is this - an option . What were the options and so the Manager 's comment is right . Which one goes first . If they choose to not sell it and feel that they could sell it commercial and receive more money , that 's their decision I - think . As far as us , I don 't know that we 're involved in that . Conrad: Okay . From a planning perspective , I have no problems with that at all . Batzli : That 's it? Conrad : That 's all there is . Planning Commission Meeting March 17 , 1993 - Page 67 Batzli : Okay . Diane . Harberts : I have no problem with it . Again , I just want to recommend there be some transit planning , and that 's for the future . Batzli : Okay , is that it? . . .Ladd 's remark that from a planning perspective I have no problem with this at all . I 'm more on Jeff 's wavelength . It probably could be done if it 's done right and I guess I 'd give it a shot at a conceptual stage and let the HRA determine whether it 's a smart move to sell it for a third of the price that they could maybe get doing something else . Given it 's location . Maybe they can 't . I would add one condition that any approvals that we 're doing tonight is contingent on the applicant 's purchase of the land , which it 's shown on . The plans we 're looking at . The additional lands . Olsen : So you would not like to see this proceed until he 's actually finished that deal? The conceptual plans . Batzli : Well , I find it difficult to move too far down the road if the HRA isn 't willing to do it . Olsen : Right , I agree . Doug Hanson: I 've given them a purchase agreement and they 're just holding it until it goes through here . Batzli : Right . But I 'm just saying that if the HRA at their next meeting , after we approve this says they 're not going to sell you the land , then one of our conditions was that they sell you the land . Doug Hanson : Yeah , I agree . I can 't do anything otherwise . Batzli : Okay . Is there any other discussion? Ledvina : I move that the Planning Commission recommend approval of Concept Plan Request to Rezone Lots 3 , 4 and 5 , Burdick Park from BG , General Business to PUD with the following conditions as outlined in the staff report subject to the following modifications and additions . Condition number 3 should read , the expansion of the building shall match and enhance the architectural design of the existing building . The addition of condition 7 which would read , prior to rezoning and development , the applicant shall purchase the property in question . And condition 8 , that transit planning be incorporated into the development . Batzli : Is there a second? Harberts: Second . Batzli : Is there any discussion? Ledvina moved , Harberts seconded that the Planning Commission recommend approval of the concept plan request to rezone Lots 3, 4 and 5, Burdick Park from BG , General Business to PUD, Planned Unit Development with the following conditions: Planning Commission Meeting March 17 , 1993 - Page 68 1 . The applicant shall receive and meet the conditions of the following approvals : - a . Preliminary and Final Plat approval combining Lots 3 , 4 and 5 , Burdick park into one lot with appropriate easements . b . Comprehensive Plan amendment changing the land use designation from commercial to industrial . c . Site Plan approval for the building expansion . d . Rezoning approval from BG , General Business to PUD , Planned Unit Development . 2 . The site plan shall have to maintain the proposed concept plan , with the proposal being an expansion of the existing building for use by the existing use , light manufacturing . A higher intensity industrial use will not be permitted at this site . 3 . The expansion of the building shall match and enhance the architectural design of the existing building . 4 . There shall be no outdoor storage permitted . 5 . All rooftop equipment shall be screened . 6 . The hard cover surface of the site ( the three lots ) shall not exceed 70% . 7 . Prior to rezoning and development , the applicant shall purchase the property in question from the HRA . 8 . Transit planning shall be incorporated into this development . All voted in favor and the motion carried unanimously. PUBLIC HEARING: ZONING ORDINANCE AMENDMENT TO THE CITY CODE TO DEFINE DOCK SETBACK ZONES . Public Present: Name Address Jeff Kvichang 6681 Horseshoe Curve ( The following people signed the public hearing sheet but had left by thi: point in the meeting . ) Randy & Rayma Smith 429 Pleasant View Greg & Barb Hedlund 748 Lake Point Donald & Beverly Hanson 8516 Great Plains Blvd . City Council Meeting - April 12, 1993 Councilwoman Dockendorf moved, Councilman Mason seconded to approve the purchase agreement for the school/recreation property acquisition at the corner of Galpin Boulevard and Highway 5 as presented. All voted in favor, except Councilman — Senn who opposed and the motion carried with a vote of 4 to 1. Mayor Chmiel: As concerns were mentioned previously. Thank you. 4 to 1. CONCEPT PLAN TO REZONE PROPERTY FROM BG, GENERAL BUSINESS TO PUD, PLANNED UNIT DEVELOPMENT FOR EXPANSION OF AN OFFICE AND MANUFACTURING FACILITY LOCATED AT 7900 MONTEREY DRIVE, WEST ONE EXPANSION, DOUG HANSEN, WEST ONE PROPERTIES. Paul Krauss: What you're being asked to review tonight is a concept plan approval to rezone a property that 's zoned 8G and contains Chaska Machine Tool Company and an adjacent parcel to PUD. I'll just summarize the kind of points that we were hitting on. We were originally approached by the owner who wished to expand his property. It 's a non-conforming a use. It is an industrial use in the heart of the city's central business district . However, when we looked at it in detail and with what has occurred around it , we realized that while it 's in the heart of the CBD, you can't get to it or see it from anyplace else in the CBD and we looked at what kind of reasonable use can this be put to. There's an adjoining lot that 's owned by our city HRA. Basically the existing facility sits right over here. The lot that 's owned by the HRA is down there in the valley below Highway 5. We went through and tried to figure out if any commercial, retail/commercial or office uses could legitimately go there. Retail/commercial, it 's almost as bad a spot for retail/commercial as the back part of the Dinner Theatre is. I mean you just can't , and that even has better visibility. You just can't see it . It doesn't have the kind of traffic that would induce people to come to their business. You've got the whole back of Market Square. I knoL, the loading dock's facing you. You have the entrance to the loading docks for Target . Possibly office might go there if there was a market for office but even then what we're finding these days is most office users want visibility and you know that they want signs and just about everything that a retail use wants. What we have is an existing business that is doing well and a desire, as we usually have, to keep them in the community and to try to work with them. What that led us to is the conclusion that maybe we ought do something a little different here, i.e. look to getting some property back on the tax rolls by legitimizing what 's now a non-conforming use. It didn't seem to detract any from the central business district . In fact it 's home to people who work and presumably do their business downtown. The HRA owned property is not being used for anything at the present time and it 's, we're not sure what we would ever use it for constructively down there. We were concerned that all the trees that we worked very hard at saving for Target not be damaged by this and we concluded that none of the trees would be damaged. SO we came up with the idea of coming up and rezoning this thing to PUD and actually doing a guide plan amendment that basically legitimizes the fact that Chaska Took is there. Would allow them to expand but through the use of the PUD place some pretty significant guidelines on what kinds of uses can be allowed and how development should look and operate down there. We clearly didn't want to zone it IOP where then anything goes and you can have a turkey processing plant or whatever else down there. It 's just not appropriate but as a light office industrial use compatible with what it is now, hopefully incorporating some aesthetic and landscaping improvements, we really couldn't see what the harm was. And because of that we proposed that this rezoning and guide plan 29 City Council Meeting - April 12, 1993 amendment be considered. We took it before the Planning Commission and they agreed that it had some merit . So tonight we're bringing forward that request to you. It is a concept . It 's non-binding. Basically we're asking you to look favorably upon that and if you do, they'd come back in with their formal — presentation and design package. There is a list of proposed conditions that has been attached and the Planning Commission added a couple. That basically placed some limits on what the property can be used for and some guidance as to what we'd be looking for when they brought back in a site plan. With that we are proposing that it be approved. Mayor Chmiel: Thank you Paul. Is there someone here from the Chaska Machine — Tool Incorporated that would like to address us? Doug Hansen: My name is Doug Hansen. I was a partner with Tom Klingelhutz when we built this building and just to give you a little background. Chaska Machine is a solid company and they had about 1/3 of the building when we built it and as they grew they took over the space of DayCo Concrete, Frontier Meats, an auto body shop, Lakeside Equipment and last was VernCo Maintenance that moved to Chaska. Chaska Machine is a solid company and they've had steady growth and they really want to stay here. He approached me about it after talking to the city that there was a possibility that this could be, they could stay right here and expand right here. I've got a building and remodeling company with my two sons called Hansen Home Tech. We, together with Steinkraus Plumbing, would share about 2,000 feet in the southeast end of the building. A small bay. And _ like I say, this building's been there about 15 years and we've had a good record with the city and they'd like to stay here and they'd like to expand here. If you have any questions. Mayor Chmiel: Do you have any concerns regarding the recommendation from the Planning Commission? As well as the conditions that were established on that? Doug Hansen: From a cost standpoint I would like to maintain the exact appearance of the addition. What 's exposed, the new part is just from here. The parking lot is right in here now. So the new part is just this end here and I would like to. . .a couple hundred feet long. . . I would like to maintain that single appearance. Decorative block, two rows of decorative block tied in with the windows. . . Mayor Chmiel: Okay, thank you. Council. Richard. Councilman Wing: I don't have anything. Mayor Chmiel: With all the respective conditions that are contained within. Councilman Wing: This is just conceptual so I've got a couple comments on preliminary and final . I just want to make sure that trees are there. But it 's not the time so, I'd like to see it properly landscaped and it will be. That 's all. I think PUD's the way to go. I'm ready to approve this. — Mayor Chmiel: Okay, Colleen. Councilwoman Dockendorf: On condition number 8, where transit planning shall be incorporated into this development . I have a feeling Diane put that in. Does 30 City Council Meeting - April 12, 1993 that mean there will be a bus turn around? Paul Krauss: Well, I'm really not certain. Mayor Chmiel: In the front door and out the back. Paul Krauss: I mean clearly this isn't going to be large enough to have any kind of facility. However, what we've been asking business people to do, in fact Jerome Carlson who was here earlier tonight has been very cooperative. We've asked them to allow us to work with their employees to survey them and develop packages so that Southwest Metro can offer to tailor transit service. The Dial-a-Ride service or van pooling, or just make them aware of the over the road long distance services they offer. That 's probably going to be sufficient . I'm not really sure where Diane was leading that one but that 's my guess. Councilwoman Dockendorf: Okay. Other than that , you know I drive past that area 2 or 3 times a day and I never noticed it until I got this packet . And went oh, there's a building there? So I don't have any problem with the use. I think it 's a good use for that space. Mayor Chmiel: Thank you. Michael. _ Councilman Mason: Briefly, I shared the Manager's comments about expansion of industrial use I think is a concern but on the other hand, our fine City Planner also says that this will be alleviated through the PUD and I agree. It looks good to me and Chaska Machine I think has done a fine job. . . Councilman Wing: But who does the hiring and firing? Since you said the Manager's comments, my ears perk up a little. Councilman Mason: I certainly go along with the concept plan. Mayor Chmiel : Chicken or the egg? Councilman Mason: Yeah, that too. Mayor Chmiel : Thank you. Mark. Councilman Senn: The existing operation, and I guess over the years even a number of the building tenants down there but Paul, when you talk about PUD's, how do you exactly plan on controlling the use under the PUD? Paul Krauss: What we would propose to do Mark is the PUD contract , agreement that would be filed with the property would set very explicit guidelines as to what types of uses could be there and how they'd have to limit their operations. For example, limits on outdoor storage and truck boxes and heavy equipment that you can hear outside the building and those kinds of things. We can place those limits on it . The goal is to limit any adverse impacts that might accrue and really not limit them as to who's going to be occupying the building, because that can chance over time. Councilman Senn: What 's the underlying zoning that remains in place? 31 City Council Meeting - April 12, 1993 Paul Krauss: It doesn't under our ordinance. Once you zone it to PUD, that is the zoning. There's nothing underlying it . You basically void out what 's under it . Councilman Wing: This would be a great place Paul for automotive uses. Right behind Target 's loading dock and the hardware store's loading dock. Mayor Chmiel: For future thought . Any other questions Mark? Okay. I guess I don't have any real concerns. I think that as Paul has indicated in here that the concerns can be alleviated through the PUD contract and in that particular case I would request a motion for the approval of the concept plan with the conditions of the Planning Commission. Making sure that , or I should say City Council recommendations with items 1 thru a, b, c, d, items 2 thru B. Councilman Wing: So moved. Councilman Mason: Second. Councilman Wing moved, Councilman Mason seconded to approve concept plan request to rezone Lots 3, 4 and 5, Burdick Park fro• BG, General Business to PUD, Planned Unit Development with the following conditions: 1. The applicant shall receive and meet the conditions of the following approvals: _ a. Preliminary and Final Plat approval combining Lots 3, 4 and 5, Burdick Park into one lct with appropriate easements. b. Comprehensive Plan amendment changing the land use designation from commercial to industrial. c. Site plan approval for the building expansion. d. Rezoning approval from BG, General Business to PUD, Planned Unit Development . 2. The site plan shall have to maintain the proposed concept plan, with the proposal being an expansion of the existing building for use by the existing use, light manufacturing. A higher intensity industrial use will not be permitted at this site. 3. The expansion of the building shall match the architectural design of the existing building. 4. There shall be no outdoor storage permitted. 5. All rooftop equipment shall be screened. 6. The hard cover surface of the site (the three lots) shall not exceed 70%. 7. Prior to rezoning and development , the applicant shall purchase the property _ in question from the HRA. 32 City Council Meeting - April 12, 1993 8. Transit planning shall be incorporated into this development . All voted in favor and the motion carried unanimously. DISCUSS TESTING FOR AEDES TRISERIATUS (LASCROSSE ENCEPHALITIS) MOSQUITO ON CITY PROPERTY. Todd Hoffman: It seems as though we just put to rest this issue. However, it is mosquito treating season once again. They are out spreading the briquettes across our city. I've received calls from residents wondering what is going on so if you've heard anything to date, they are out . In preparing for the operations, the upcoming operations of the MMCD, Mr. Ross Green, the District 's Public Information Representative called to ask for a clarification in regard to the testing for the Aedes Triseriatus or the LaCrosse Encephalitis mosquito in our city parks. Specifically Mr. Green asked if the district would be allowed to test for that type of mosquito which can carry LaCrosse Encephalitis in city parks and if sufficient levels of mosquitoes were found, to apply chemical treatment . It is important to understand that that has not been the case in the past . They have never found sufficient levels so it 's not as though it 's a big concern but I think they are on their toes so to speak in this regard and they just want to make sure everything is clear. The staff's recommendation is that the MMCD be allowed to test for the Aedes Triseriatus mosquito in the city parks and if populations warrant control, that the application of approved treatment — substances only be allowed upon the city being notified and the area for treatment having been conspicuously posted 24 hours prior to the treatment . That was one area that they had agreed to undertake. The posting of public open — space when they're treating. However what they did is posted one 4 x 8 post at the entrance to the park so we're asking that they make it a little bit more noticeable. In addition it is requested that staff be contacted prior to their first testing so we can observe exactly what this testing procedure includes. — From what I understand they go around in areas likely to hold, harbor this type of mosquito with a vaccum cleaner and if in 5 minutes they suck of 2 of this type of mosquito, which I'm not sure I could identify them from any other mosquito, but if they do that , then they'll tell you they want to treat for LaCrosse Encephalitis carrying mosquito. There is no one here from Mosquito Control District . I take it with the recommendation in their affirmative, that — they weren't concerned. Mayor Chmiel: Good. Thank you. Any concerns of Council? Councilwoman Dockendorf: Have we done this in past years? Applied this treatment? — Todd Hoffman: Not to my knowledge in city parks, no. But in other areas of the city they have. Councilwoman Dockendorf: No adverse affects? Todd Hoffman: Again, not to my knowledge. They've done this on private property. Mayor Chmiel: Anyone else? Can I have a motion? 33 CITY OF _ 110:0 „ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM — TO: Jo Ann Olsen, Senior Planner FROM: Todd Hoffman, Park and Recreation Director DATE: April 26, 1993 SUBJ: Chaska Machine This memorandum is to verify that as a part of the platting of West One Properties (Chaska _ Machine), the property will be subject to park and trail fees. These fees are to be collected at the time of building permit application at the rate then in force. Current industrial/commercial fee rates are $3,000/acre for park, and $1,000/acre for trail. In determining the acreage to be assessed, I was unable to locate the building permit file for the existing building. Assuming that the platting incorporates both lots and that the original permit did not include park and trail fees, the entire plat (95,394 sq. ft.) will be subject to fees. If fees were paid on the original permit, only the addition (34,236 sq. ft.) will be subject to park and trail fees. - pc: Todd Gerhardt, Assistant City Manager - is t 4: PRINTED ON RECYCLED PAPER - CITYOF 0‘,„ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: JoAnn Olsen, Senior Planner FROM: Mark Littfin, Fire Marshal DATE: February 26, 1993 SUBJ: Site Plan Comments - "West One Properties" I have reviewed the site plan for the "West One Properties" proposed addition and future expansion, and have made the following comments: 1. Proposed addition must be fire sprinklered. Pursuant to the UBC 1988 edition. 2. "No Parking, Fire Lane" signs must be installed as indicated on the submitted site plan. Pursuant to 1988 UFC Sec. 10.207(m). Signs must be installed per Chanhassen City Policy #06-1991 (copy enclosed). 3. Policy #07-1991 "Pre Fire Plan" drawing shall be submitted to the Fire Marshal for approval (copy enclosed). 4. Have Chanhassen Engineering Department verify turning radius around building to assure Fire Department vehicle access. 5. Have building owner provide to the Fire Marshal and Building Official the type of business if known that will be moving in. tPRINTED ON RECYCLED PAPER CITY OF . , yam- i � '� ;� „h ,.- „,. i J ImoCHANHASSEN , 1,...._ ,.F.,,,i✓i� `I t'f IP 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 � t -vigor (612) 937-1900 • FAX (612) 937-5739 l CHANHASSEN FIRE DEPARTMENT POLICY REGARDING PRE-PLAN Prior to issuing the C.O. , a pre-plan, site plan shall be submitted to the Fire Department for approval. The following items shall be shown on the plan. 1) Size 11" x 17" (maximum) 2) Building footprint and building dimensions 3) Fire lanes and width of fire lanes 4) Water mains and their sizes, indicate looped or deadend 5) Fire hydrant locations 6) P. I .V. - Fire Department connection 7) Gas meter (shut-off) , NSP (shut off) 8) Lock box location 9) Fire walls, if applicable 10) Roof vents, if applicable 11) Interior walls 12) Exterior doors 13) Location of fire alarm panel 14) Sprinkler riser location 15) Exterior L.P. storage, if applicable 16) Haz . Mat. storage, if applicable 17) Underground storage tanks locations, if applicable 18) Type of construction walls/roof 19) Standpipes Chanhassen Fire Department Fire Prevention Policy #07-1991 - Date: 01/16/91 Revised: Approved - Public Safety Director Page 1 of 1 0. f.4. PRINTED ON RECYCLED PAPER CITY QF A.)._ dc. ._. , -..t - ri CHANHASSEN ;-i. t ity .. .-"i. ,,.:, ,.:- _ r,' (+. Jam.- -- I... -‘'`...1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 CHANHASSEN FIRE DEPARTMENT POLICY REQUIREMENTS FOR FIRE LANE SIGNAGE 1. Signs to be a minimum of 12" x 18" . NO 2 . Red on white is preferred. - PARKING FIRE 3 . 3M or equal engineer's grade LANE reflective sheeting on aluminum is preferred. 7\ 4 . Wording shall be: NO PARKING FIRE LANE 5. Signs shall be posted at each end of the fire lane and at least at 7 ' 0" 75 foot intervals along the fire lane. 6. All signs shall be double sided facing the direction of travel. - 7. Post shall be set back a minimum of 12" but not more than 36" from the curb. - - 8 . A fire lane shall be required in (NOT TO GRADE front of fire dept. connections SCALE) extending 5 feet on each side and - along all areas designated by the Fire Chief. ANY DEVIATION FROM THE ABOVE PROCEDURES SHALL BE SUBMITTED IN WRITING, WITH A SITE PLAN, FOR APPROVAL BY THE FIRE CHIEF. IT IS THE INTENTION OF THE FIRE DEPARTMENT TO ENSURE CONTINUITY THROUGHOUT THE CITY BY PROVIDING THESE PROCEDURES FOR MARKING OF FIRE LANES. Chanhassen Fire Department - Fire Prevention Policy #06-1991 Date: 1/15/91 - Revised: Approved - Public Safety Director Page 1 of 1 If t O' . PRINTED ON RECYCLED PAPER Sharmin AI-Jaff April 29, 1993 Page 2 EROSION CONTROL Erosion control measures are not implemented on the plans. Staff recommends that erosion control fence (Type I) be installed along the easterly, southerly and a portion of the westerly property line at the grading limits. Based on the landscape plan, it appears all disturbed areas will be restored with sod. RECOMMENDED CONDITIONS OF APPROVAL 1. The applicant shall submit detailed storm sewer calculations prepared by a professional engineer for the City to review. 2. The applicant shall provide a $500 security for connection to the City's storm sewer line and boulevard restoration on Picha Drive. This fee will be refunded upon satisfactorily completing connection and restoration of the City's boulevard. 3. Type I erosion control fence shall be installed around the perimeter along the grading limits. ktm c: Charles Folch, City Engineer WE=T ONE PROPERTIES ADDITION June 4, 1993 Mr . Chairman and members of the Planning Commission . I am Doug Hansen, one of the original builders, and present owner, with Bob Nyen of Chaska, of West One Building. There has been a change in our plans, although the original concept of the building is the same, Chaska Machine decided they wanted more space, so the project is to be done in one single and final phase instead of two as originally proposed in the sketch plan review. I am proposing the size of the building expansion to be reduced from 18 . 135 sq . ft . to 16 , 335 sq . ft . 2, 700 sq . ft . will be shared by our firm. Hansen Hometech, Inc . and Stienkraus Plumbing. The remainder of the space will be used by Chaska Machine & Tool . Nom Chaska Machine & Tool , Inc . is a short-run stamping company serving primarily the Minnesota and Iowa business area . Their present employment is 40 . 10 people on the night shift , and 30 on the daytime shift . This expansion will add approximately 10 additional employees soon, but they contemplate more in the future . Chaska Machine & Tool started irr 1972 in Chaska , Minnesota, and moved ved to Chanhassen in 1979 . The management of the r:uiness is James N. Lund, President , Excelsior, Mn . - Daniel Lund, Manager , Hopkins , Mn. and Ronald Kaliher, Plant Supervisor, Chanhassen, Mn . Hansen Hometech, Inc . is a building/remodeling firm consisting of myself , Doug Hansen, and 2 sons, Steven & Gary Hansen, building in the southwest metro area . We have been in business since 1982 when Hansen & Klingelhutz Construction, Inc was terminated. We have 5 employees . Steinkraus Plumbing, of Chanhassen, has 6 employees and has tentative plans to share office/warehouse space with us . Through this plan, I hope we are meeting your concerns . They are mine as well ! IMPROVED APPEARANCE In order to improve the architectural appearance of the existing building , the cedar handsplits roof shingles over the entrance canopies will be removed and the roof area would be covered with ribbed steel panels of an accent color as per the colored rendering . These panels will be similar in style RECEIVED with Target and Market Square . This color would be tied in with an 8" wide painted band above the windows, an 8" band just below the split faced block, and a band around the JUN 0 7 1993 CITY OF CHANHA:-.,- Page 2 Cont . - West One Properties Addition) top . The metal flashing on the top edge would be painted this color to form the top band . The posts would be covered with steel for durability and appearance . The whole building — exterior will be painted in a light color grey or one to be decided . There will be a total of 4 entrances canopies that will be alike in appearance and they will be illuminated by — recessed lights above the door. The rooftop air conditioners are small to cool the small office area, and only stand 21 " high . Therefore we are — planning to replace the wood screening and erect panels of horizontal steel siding of a color that will not stand out as they will hardly be noticeable . — the original 3 ' steel doors are rusted and will be replaced when the new addition is being built . PUBLIC TRANSIT Another issue we would like to address is the availability of public transit and anything Chaska Machine might do to encourage the use of transit service to the site . We have obtained a list of employees and the city where they live . We will follow up on this to see what can be done . TRUCK PARKING In the past , we have had permission to park trucks overnight . Trucks are a necessary part of the business here, but at this time we could be limited to no more than eight . (no semi ' s or semi-trailers) . This parking could be limited to the rear- . hidden from view. Chaska Machine may have 2 trucks (a stake truck and a van-type for hauling product ) and Steinkrause plumbing may have 3 or 4 trucks (plumbing Van- type . Our firm may have an enclosed van-type in the future PARKING AND HARDCOVER I have lost sleep over this one . . . . I think the worst scenerio is to end up with not enough parking . I know what Hopkins went thru, and the struggle of other businesses around here have gone through over the lack of parking . Brad even has concerns about Market Square . We are on the western border of the suburbs . Many of the employees from Chaska Machine come from the west where they must use cars and need parking . - Chaska Machine will grow in employee numbers in the future . Our company, Hansen Hometech, needs about 5 spaces and P'€tc e 3 (Cont : West. One Addition) Stienkraus Plumbing -5 spaces, this may change , but I do know that it is very logical to have at least what I have now for a 20, 000 ft . building, as it changes to a 36 , 335 ft . building . Because of the hardcover limitations , there is a net loss of 10 spaces from the existing parking at this time . We have reduced the size of the building and the parking. I feel very strongly that 59 spaces are absolutely necessary with people coming and going in the course of business activities . Who knows what the future holds, or if Chaska Machine will be here forever? I want to avoid a situation where people will be forced to park in the street or at Market Square , and where I would have to go back to the city to request more parking. PARK AND REC . FEE I will pay the fee on the new addition, not on the existing building which has been there 15 years . This would not be fair and has legal implications . ADVANTAGES OF THIS PROJECT TO THE CITY: This addition cleans up and makes immediate good use of the remaining lot and allows Chaska Machine to remain in Chanhassen. They are a solid company and have been an asset to the city, providing jobs and income to the surrounding businesc , as well as real estate tax imcome to Chanhassen. The improvements made to the existing building, as well as the addition, will be refreshing and fit well with the surrounding Market Square Complex . The hardcover area is reduced from over SO% to 70% by the addition of lot. 3 to the layout . The timing is important to Chaska Machine , as they need the space as soon as possible . Thank you for considering this project . D_Dug Hansen West One Properties b 000 0 0�0 CHASKA MACHINE & TOOL, INC. _ A SHORT&LONG RUN METAL STAMPING COMPANY CITY OF CHANHASSEN ATT: SHARMIN HERE ARE THE ADDRESSES & WORK SHIFTS FOR OUR EMPLOYEES. DOUG HANSON REQUESTED THAT I GIVE THESE TO YOU. LET ME KNOW IF YOU NEED ANY ADDITIONAL INFORMATION. DAN / .7 „..0000 Box 446 • 7900 Monterey Drive • Chanhassen, Minnesota 55317 (612) 934-5473 • FAX (612) 934-7676 • V""• L -... \\ S -1-.:(...... . U 0 Q { 1 W 2 a>v LL z — W ;We) ;Ill0 p, I aEn fm a.0 2�?2<< Z --1aD W —� O w¢ _.- 1.4 io'� Qn f- iN� N ' J t41 � I-In >y>UO Sf W 41 W NI, F- gI�ID U �.-D W 7 OV>< , C� P J :C1fr W :(V[V N •�r� N [O1�p¢ a.w,N,�~,aa z> al .1 ,, C.) 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U CASE #: 93-2 PD I By: Olsen:v STAFF REPORT PROPOSAL: 1) Rezoning of 32.5 acres of A2, Agricultural Estate to PUD, Planned Unit Development 2) Preliminary Plat to subdivide 32.5 acres into 49 single family lots 3) Wetland alteration permit to fill portions of Ag/Urban Wetlands and to Z create additional wetland areas (,) LOCATION: West side of Galpin Boulevard, approximately / mile south of Hwy. 5 APPLICANT: Tandem Properties James R. Hill, Inc. 0. Suite 310 Suite 120 7808 Creekridge Circle 2500 West Co. Rd. 42 Bloomington, MN 55439 Burnsville, MN 55337 1 PRESENT ZONLNG: A2, Agricultural Estates ACREAGE: 32.5 acres gross 19.7 acres net (not including streets & wetlands) DENSITY: 1.5 units/acre gross 2.5 units/acre net ADJACENT ZONLNG Q AND LAND USE: N - A2; vacant S - A2; nursery/ag E - A2; single family W - Chaska w WATER AND SEWER: Sewer and water are currently being extended to the site. PHYSICAL CHARACTER.: The property contains two existing single family residences. The subject site is a combination of two separate parcels. The site contains wetland areas and significant trees. • 2000 LAND USE PLAN: Residential Low Density Trotters Ridge PUD June 16, 1993 Page 2 SUMMARY/BACKGROUND The applicant is proposing to rezone the property from A2, Agricultural Estate to PUD, Planned Unit Residential and to subdivide the site into 49 single family lots. The property is within the MUSA line and can be subdivided into 15,000 square lots. The proposal is for a PUD so that flexibility can be applied to accommodate features of the site (wetland areas, mature vegetation and two existing homes). The proposal meets the requirements for a PUD and staff is recommending approval of the rezoning. The preliminary plat meets the requirements as listed by the PUD ordinance. The lot areas are 11,000 square feet and above, and the average lot area is above 15,000 square feet (17,547 sq. ft.). The applicant is proposing a 50' right-of-way, for which the Engineering Department is requesting justification (such as increased tree removal) for reducing the right-of-way from 60'. The applicant is saving the majority of the mature trees and will be providing custom grading and custom house pads to work around trees designated for preservation. The Park and Recreation Commission is requesting dedication of land for passive park use and for the dedication/construction of trails. There are four city protected wetlands on the site which have been classified as Ag/Urban. The applicant is proposing minor alterations to the more degraded wetlands to accommodate usable back yards and buffer/setbacks. Staff is comfortable with the proposed wetland alterations. Staff is recommending approval of the rezoning, preliminary plat and wetland alteration permit with the listed conditions. REZOtiING' PLANNED Unit DEVELOPMENT The applicant is proposing to rezone the property from A2, Agricultural Estates to PUD, Planned Unit Development. The property was recently brought into the MUSA line with the amendment to the Comprehensive Plan. For the property to be developed as a PUD with smaller lot sizes, the site must be rezoned and utilities must be brought to the site. The city is in the process of extending utilities to the site. The City ordinance requires the following for a Planned Unit Development General Standards A Planned Unit Development allows lot sizes down to a minimum of 11,000 square feet (excluding identified wetland areas from lot area calculations). The average lot sizes for the entire PUD shall maintain a minimum area of 15,000 square feet. 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 a 12'0x 12' deck without intruding into any required setback area or protective easement. Each home must also have a minimum rear yard of 30'. The rear yard area may not be encumbered by the required home/deck pads or Trotters Ridge PUD June 16, 1993 Page 3 by wetland/drainage easements. It may include areas with steep terrain or tree cover. Additional PUD requirements are as follows: Minimum lot width at building setback - 90' Minimum lot depth - 100' Minimum Setbacks: _ PUD exterior- 30' Front Yard - 30' Rear Yard - 30' Side Yard - 10' The front yard setback may be waived if environmental protection will be enhanced. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features. A landscape plan providing boulevard plantings, exterior landscaping and rear yard landscaping is required as part of PUD approval. Also, architectural standards are required. FI\DINGS The applicant is proposing some lot sizes under the typically required 15,000 square feet, reduced right-of-way (50' instead of 60'), variances to wetland regulations and variances to setback requirements. Therefore, the applicant applied for a PUD zoning. The site contains features that lends itself to a PUD. The site contains several mature vegetated areas and wetlands. There also are two existing homes which the applicant is planning to keep and must work around. The proposed lot sizes range from 11,000 square feet (net, not including wetland area) to 33,075 square feet (net). These lot areas meet the requirements for a PUD. The applicant has demonstrated that adequate building pads can be located on the lots. The lot width, depth and setbacks required by the PUD regulations are all being met. There are some lots with less than 90' frontage at the front lot line, but which do have the 90' at the building setback. There are also lots which will have a reduced front yard setback of 25'. The applicant is proposing to have a 50' right-of-way rather than the required 60' width. The reduced right-of-way reduces the _ setbacks into the lots and has been used several times with recent developments to limit the amount of alteration to sensitive features of the site. The Engineering Department strongly supports maintaining a 60' right-of-way and unless the applicant can prove that sensitive features are being saved by the reduced right-of-way. The Engineering Department has requested justification for a 50' right-of-way from the applicant. At the time of writing this report, the applicant has not submitted justification and therefore, the Engineering Department is requesting — that the 60' right of way be maintained. Trotters Ridge PUD June 16, 1993 Page 4 The site contains significant vegetated areas. Where vegetation does not exist the applicant is providing landscaping. Specifically, there will be a landscaped buffer area between the proposed lots and Galpin Boulevard and the property to the south. Staff is recommending additional landscape buffering between the westerly lots and the adjacent property which is an industrial use and visible from the subject site. Any lot which does not have existing trees must have landscaping provided. The City is considering requiring two overstory trees per lot instead of the one tree per lot. The Lake Susan Hills PUD 9th addition required the applicant to provide two overstory trees per lot. Since this proposal is also a PUD, we are requesting that the applicant be required to provide in the front yard two overstory trees per lot for any lot that does not already have two trees in the front yard. The trees have to be from the city list. SUMMARY OF PUD/REZONLNG The Comprehensive Plan designates the property as Residential Low Density, with a net density of 1.2 to 4.0 units per acre. The rezoning would be consistent with the designated land use. The proposal meets the requirements of a Planned Unit Development. One of the reasons that the applicant proposed a PUD was to be permitted the reduced right-of-way. The applicant is also using the flexibility for the setbacks and lot areas. If the applicant is not permitted the reduced right-of-way, the need for reduced setbacks will be increased and the PUD designation will allow this. The city will be achieving additional landscaping along the perimeter of the site and within the individual lots. Additionally, the applicant is dedicating an area of land for passive park purposes. This park land will become part of a large park complex that is being assembled by the city over several parcels. Staff is recommending rezoning the property to PUD-R. PRELIMLNARY PLAT The applicant is proposing to subdivide 32.5 (net) acres into 49 single family lots. The site contains 5 wetland areas, mature vegetation and two existing single family residences. The net acreage of the site, once right of way and wetland areas are removed, is 19.7 acres. The gross density is 1.5 units/acre and the net density is 2.5 units/acre. Both densities are well within the land use designation of residential low density. The lot areas range in size from 11,000 square feet (net) to 33,075 square feet (gross). As a PUD, the site can contain lots down to 11,000 square feet (net) and must maintain an average lot area of 15,000 square feet. The average lot area is 17,547 square feet. All of the lots meet the requirements for a PUD. The site is divided into two blocks. Block 1 contains 33 lots around the perimeter of the site. Block 2 contains 16 lots (including the two existing homes) in the center of the site. The site is bordered by Galpin Boulevard along the easterly border, agricultural uses to the south, industrial uses (Chaska) to the west and a large Ag/Urban wetland to the north. Trotters Ridge PUD June 16, 1993 Page 5 — STREETS The preliminary plat proposes a 50-ft. wide right-of-way with a 31-ft. wide back-to-back urban street section, which is the city's typical street design, although the 50-ft. right-of-way is below the city's standard right-of-way (60 feet). The developer has expressed to staff a desire to use a 50-ft. right-of-way in an effort to reduce grading and preserve trees, but staff has not seen the benefit other than increased lot size in compromising the street right-of-way width from the city's ordinance. The applicant was to submit to staff a detailed plan indicating the actual benefits between a 50-ft. wide right-of-way versus the typical 60-ft. wide right-of-way. As of preparation of this report today, staff has not received any of the documentation. Therefore, staff recommends the street right-of-way be the standard 60-ft. width. Street grades are proposed between 6% and 0.50%, which are within the city's standards. Due to topographic constraints, such as existing homes and vegetated areas, a couple of sharp curves are proposed with the street layout. Staff is generally comfortable with this layout, but the layout will require additional traffic signs and speed advisory signs when the streets are completed. The applicant is dedicating an additional 17 ft of right-of-way along Galpin Boulevard (CR 19) as requested by staff and Carver County. Staff had some concerns regarding turn lanes into the site. The Carver County Highway Department has recently completed a study and has indicated that only a right turn lane on southbound Galpin Boulevard will be required (see Attachment No. 5). Detailed construction plans and specifications for the street and utility improvements will be required for review by staff and City Council approval. Both street and utility improvements should be constructed in accordance to the city's latest edition of Standard Specifications and Detailed Plates. The site has two existing homes which will require relocation of the driveways. Both driveways should be relocated so they are perpendicular to the new street. One of the driveways is currently gravel. With relocation of the driveway, it is recommended that the applicant/homeowner be required to have the new driveway paved with a hard surface, such as bituminous or concrete, to help minimize erosion to the new street. Driveway access to proposed Lot 33, Block 1 and Lot 9, Block 2 should be from the street on the west side of the lot from a traffic safety standpoint and to minimize tree loss. UTILITIES Municipal sanitary sewer and water service to the site is contingent upon the City Council authorizing Phase II of the Upper Bluff Creek Trunk Improvement Project 91-17B. The public hearing for the trunk improvement project is scheduled for City Council consideration on June 14, 1993. The site is included in the scope of the trunk improvement project and is proposed to be assessed. The site consists of two parcels being combined, the Johnson parcel (25.0151800) Trotters Ridge PUD June 16, 1993 Page 6 and the Carlson property (25.0160100). The estimated trunk sanitary sewer and water assessment for this site, based on the proposed 49 lots, is $110,005.00 ($970 sewer and $1275 water per lot). The proposed utilities are fairly well laid out in the development. Fire hydrants have been reviewed by the Fire Marshal and are in accordance to his comments. Detailed construction plans and specifications for the utility improvements will be required for staff review and City Council approval. All utility and street construction shall be in accordance with the city's latest edition of Standard Specifications and Detailed Plates. There are two existing homes within the development. According to city ordinance, existing homes within 150 feet of the sewer lines shall be required to connect to the sewer lines within 12 months of the lines being operational. The applicant and/or homeowners will be required to meet this condition. GRADING AND DRAINAGE Site grading appears to be minimal in the wooded areas. Similar to Lake Susan Hills West 9th Addition, topographic constraints have made it difficult in placing the streets and house pads. The overall plan is fairly well laid out considering the constraints. A couple of items that should be addressed is the proposed grading on Lots 12 and 13, Block 2. The grades are such that runoff will be directed fairly close (10 feet) to the house pad location. It is recommended that use of retaining walls in the property to be able to divert lot drainage away from the house would be beneficial. Another item of concern is that there is no drainage outlet from the wetland located on Lots 7-11, Block 2. A storm sewer outlet will need to be developed to control the water level in the wetland and convey the runoff through the storm sewer system eventually to water treatment facilities downstream. The last concern staff has is with the drainage from the neighboring parcel to the south. Based on field observations, the lowland directly south of Lot 2, Block 1 drains northerly towards the development. It is recommended that a storm sewer system be extended along the lot line to convey drainage from the low lying area to maintain the neighborhood drainage pattern. Staff received no soil boring information on this site. Based upon inspection, it appears soil conditions may contain high moisture content and therefore a drain tile system should be included in the street construction where adjacent lots will not be able to discharge sump pumps into a storm pond or wetland. The plans propose a series of storm sewers to convey street and overland storm runoff to pretreatment ponds prior to discharging into wetlands. A quick review of the preliminary plans revealed additional storm sewers will be needed. This will be further addressed during the plan and specification review process. Two pretreatment ponds are proposed prior to discharging into the wetlands. Since the city has not implemented the overall Comprehensive Stormwater Management Plan, the applicant will be required to follow current ordinance standards regarding storm ponding and discharge rates. The applicant will be required to provide an outlet control structure in each pond to maintain the pre-developed runoff rate into the Trotters Ridge PUD June 16, 1993 Page 7 wetlands. The final plat should provide the appropriate utility and drainage easements to access the ponding areas for maintenance purposes. Utility and drainage easements outside the right-of- way should be a minimum of 20 feet in width. The overall grading plan proposes to maintain for the most part the existing drainage patterns. Slope stabilization methods in accordance with the Best Management Practices Handbook (BMPH), such as wood fiber blankets and Type III erosion control fence, should be utilized. Additional erosion control fence (Type I) should be included along Lots 11-14, Block 2 outside the street construction limits. TREE PRESERVATION/ LANDSCAPING The site contains significant stands of trees and is similar to Lake Susan Hills 9th Addition. Staff has worked with the applicant to preserve as many of the trees as possible. Similar to Lake Susan Hills 9th Addition, there will be custom grading for the vegetated lots. The applicant has submitted a tree survey and the grading plan shows which trees will be affected. The applicant will design the house pads to fit within the trees designated for preservation. As we did with Lake Susan Hills 9th Addition, staff will require the list of trees designated as being saved (see list from applicant) to be preserved as a condition of approval. This means that the house pads will have to accommodate the trees designated for preservation. The tree survey lists a total of 542 significant trees on the site and the plan is resulting in the removal of 85 trees (16% of the trees are being removed). The list of trees submitted by the applicant provides the number the tree is labeled and the size and type of tree. The plans submitted by the applicant label the trees only by their size and type. The number that the tree has been tagged is not on the plans. Therefore, staff cannot confirm which trees on which lots are being removed. We can see from the grading plan which trees will be affected, but need the complete information to draft a condition specifying which trees will be permitted to be removed. This information will have to be provided prior to the application continuing to the City Council. Where vegetation does not exist, the applicant is providing landscaping. Specifically, there will be a landscaped buffer area between the proposed lots and Galpin Boulevard and the property to the south. Staff is recommending additional landscape buffering between the westerly lots and the adjacent property, which is an industrial use and visible from the subject site. Any lot which does not have existing trees must have landscaping provided. The City is considering requiring two overstory trees per lot instead of the one tree per lot. The Lake Susan Hills PUD 9th Addition required the applicant to provide two overstory trees per lot. Since this proposal is also a PUD, we are requesting that the applicant be required to provide in the front yard two overstory trees per lot for any lot that does not already have two trees in the front yard. The trees have to be the preferred species from the city list. PARK AND RECREATION The Park and Recreation Commission reviewed the aforementioned preliminary plat on April 27, 1993. Dick Putnam of Tandem Properties was present representing the applicant. Issues of Trotters Ridge PUD June 16, 1993 Page 8 concern to the Park and Recreation Commission in regard to the proposed plat include the preservation of a portion of the wooded areas of the site in an unaltered condition, the acquisition of property encompassing the large northerly-most wetland, the granting of trail easements as required by the Recreation Section of the Comprehensive Plan and as required by the plat, and the construction of a trail skirting Outlot A. Preservation of Wooded Areas As you are aware, one of the original conceptual plats depicted a north cul-de-sac penetrating the northwest property line to gain access to the O'Shaughnessy (Pemtom) and Opus properties. This area is a heavily wooded knoll which slopes into wetland areas on three of four sides. During preliminary staff meetings with the applicant, the city's desire to preserve portions of this area was communicated. The applicant responded by dismissing the north cul-de-sac and reserving a small triangular-shaped parcel for park dedication. Acquisition of Property Encompassing the Large Northerly Wetland It is the city's desire to acquire ownership of the portion of the wetland, City No. A16-7(1), bordering the most northerly lots found in the plat. Early editions of concept plans indicated private lot lines extending into this area terminating at the property border. Through communicating our desires to the applicant, Outlot A has been expanded to encompass this area. Granting of Trail Easements A 20-ft. trail easement is necessary along Galpin Boulevard/County Road 117 to accommodate the construction of a trail. Construction of a Trail Segment Skirting Outlot A During a site inspection, it was determined that the applicant would proceed with the mapping of the trail to be located parallel to Outlot A, commencing in the northwest corner of the property and terminating at Galpin Boulevard (see Attachment A). It was agreed that the applicant would construct this trail allowing the alignment of the trail in relation to the lots to be at their discretion. This trail is to include a connection to the proposed road in the vicinity of Lots 17 and 18 or 26 and 27, Block 1. These trail alignments are not shown on any of the proposed plans that I have seen to date. It should be noted that a discussion of the consequences of squeezing lots between the wetland and the proposed road alignment coupled with the construction of a trail in the rear yards in the area of Lots 25-29, Block 1 were discussed. One alternative to this design would be to shift the road even further north in this area and reconfiguring the plat. Trotters Ridge PUD June 16, 1993 Page 9 } WETLAND ALTERATION PERMIT The site contains 5 wetland basins. The city has classified all of the wetlands within the city. The wetland shown as Basin C (on the separate plan sheet) is not considered a wetland by the city. Basin C is clearly a manmade wetland with the remnants of a concrete base for a diving board and a concrete edge, but because it does have open water and wetland vegetation, the applicant's consultant did include it as a wetland. Staff considers there to only be four wetlands on site which are protected by our ordinance, Basins A, B, D and E. All of these wetlands are classified as Ag/Urban wetlands. Basin C would be classified as a Utilized waterbody and not a protected wetland. _ The applicant is proposing to fill the entire area of Basin C to create a building pad. Since the city does not consider Basin C a protected wetland, staff does not object to this. The only concern that staff would have is that the water and runoff currently accommodated by this ponding area continue to be accommodated on-site. The applicant has done this. Basin A is located in the west/central area of the site and is classified as an Ag/Urban wetland by the city. The wetland is in good condition and is one that should not be filled or altered to a lesser classification. Staff recommends that Basin A be maintained in its natural state or that it could be expanded for mitigation. The applicant is proposing to increase Basin A by .05 acres at the northeast corner of the wetland and maintain the rest in a natural state. Basin B is classified as Ag/Urban and is the large wetland located on the northern portion of the site. This wetland is in a degraded state from having a beaver dam removed and the water level reduced. Once the wetland stabilizes with the new water level, it should be a nice Ag! Urban wetland. The applicant is proposing to create a mitigation area adjacent to Basin B. The mitigation area will be .38 acres in size. The applicant is also proposing to create a storm water pond adjacent to Basin B and is proposing to fill .12 acres of the wetland to create a building pad for Lot 29, Block 1. The proposed fill in Basin B within Lots 28 and 29, Block 1 will also move the wetland edge away from the house pad and allow the required setbacks to be maintained. The applicant is proposing similar filling of Basin D, to allow the wetland setbacks to be maintained and to provide a usable backyard for the lots. In both cases of filling within Basins B and D, the wetland areas proposed to be filled are in degraded states. The applicant is mitigating the wetland areas being removed on a 1:1 ratio in wetland areas that are in better condition and will benefit by being expanded. Staff felt, in areas where the wetlands are in a degraded state, that it is more beneficial for the lot to meet the required setbacks and provide useable backyard, then have variances to the wetland setbacks. Originally, staff stated that we would not recommend altering a wetland to "fit" in another house pad, and that the applicant would have to request a _ variance to the setback (which would most likely be recommended against) or the lot would have to be removed. After visiting the site and seeing the restrictions due to the wetlands and trees, and seeing the condition of the wetlands (Basin D has cattle in it), staff no longer objected to the proposed filling of the wetland areas. Basin E is also classified as Ag/Urban and is in a degraded state. The applicant is not proposing any alteration to Basin E. The applicant is providing the Trotters Ridge PUD June 16, 1993 Page 10 required setbacks around all of the wetland boundaries and is providing the required buffer areas (0' - 20' buffer with an average of 10' and 40' setbacks). MISCELLANEOUS There appears to be an existing private driveway easement over the parcel for one of the existing homes. This should be resolved or abandoned prior to the final plat being recorded. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of rezoning 32.5 acres of property zoned A2, Agricultural Estate to PUD, Planned Unit Development, approval of the preliminary plat (93-2 PUD) to subdivide 32.5 acres of property into 49 single family lots, and approval of a wetland alteration permit (93-2 WAP) as shown on the plans dated June 4, 1993, and subject to the following conditions: 1. The landscaping plan shall be amended to include landscaping between the westerly lots and the industrial land to the west where vegetation does not already exist, and two front — yard overstory trees shall be required for each lot where two trees do not exist. 2. A revised plan shall be submitted which provides information on tag number, size and type of trees. 3. All trees designated for preservation shall be protected by a snow fence 11/ times the diameter of the drip line prior to any alteration of the site. Any understory vegetation within the snow fence shall also be preserved. 4. Each of the lots shall have a woodland management plan developed by the developer prior to issuance of certificate of occupancy. The woodland management plan shall be developed by a licensed forester approved by the city. A copy of the woodland management plan shall be kept in the building permit file and a copy will also be given to the homeowner. 5. Unless a lot already has two overstory trees in the front yard, additional overstory trees, from the city's approved list, shall be planted in each lot so that there are two overstory trees in each front yard. If this has not been accomplished prior to the issuance of a building permit for a lot, before a building permit is issued, arrangements must be made to have the trees planted within one grading season after the building permit is issued. The city should require security to guarantee compliance. Trotters Ridge PUD June 16, 1993 Page 11 6. The wetland boundaries including buffer areas will have a monument designating it as protected wetland at each lot line. 7. All utility and street improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detailed Plates. Detailed street and utility plans and specifications shall be submitted for staff review and City Council approval. 8. The applicant shall apply and obtain permits from the Watershed District, DNR, Carver County Public Works, MWCC, Minnesota Health Department, and other appropriate regulatory agencies and comply with their conditions of approval. 9. The applicant shall enter into a development contract with the city and provide the necessary financial security to guarantee compliance with the terms in the development contract. 10. All areas disturbed during site grading shall be immediately restored with seed and disc- mulched or wood fiber blanket or sod within two weeks of completing site grading unless City's Best Management Practices Handbook planting dates dictate otherwise. 11. Utility drainage easements outside the street right-of-way should be a minimum of 20 feet in width. The applicant shall dedicate drainage and utility easements over all ponding and wetland areas on the final plat . 12. The street right-of-way should be increased to 60 feet in width. 13. Preliminary and final plat approval should be contingent upon the city authorizing Phase II of the Upper Bluff Creek Sewer and Water Improvement Project 91-17B. 14. All driveways shall access the interior streets. No driveway access will be allowed onto Galpin Boulevard. Driveway access to Lot 33, Block 1 and Lot 9, Block 2 of the preliminary plat shall be from the street on the west side of the lot. The two existing driveways shall be realigned perpendicular to the new street and paved with a bituminous or concrete surface. 15. The applicant shall be responsible for construction of a right turn lane on southbound Galpin Boulevard into the site in conjunction with the overall site improvements. 16. The applicant shall provide sanitary sewer and water service to existing home sites. In addition, they will notify the property owners of the city ordinance requiring connection to municipal sanitary sewer. Trotters Ridge PUD June 16, 1993 Page 12 17. The applicant shall provide a storm sewer outlet for the wetland in Block 2. 18. The applicant shall extend the storm sewer to maintain the neighborhood drainage pattern through Lot 2, Block 1. 19. The applicant shall supply detailed storm sewer calculations for a ten year storm event and ponding calculations for retention ponds in accordance with city ordinance for the city engineer to review and approve. 20. The applicant's engineer shall review the lot grading on Lots 13 and 14, Block 2 to divert drainage further away from the house. 21. Additional erosion control fence (Type I) shall be extended along Lots 11-14, Block 2 along the street boulevard. 22. Drain tile will be required behind the curbs in those areas where sump pump discharge will not be directed into the storm pond or wetland area. 23. The proposed street names "Trotters Lane" and "Trotters Circle" are unacceptable. The city current has a "Trotters Circle." To avoid duplication, new names must be submitted to Public Safety for approval. 24. A ten foot clear space must be maintained around fire hydrants, i.e., NSP, NW Bell, cable boxes, street lamp, trees, shrubs, etc. Pursuant to Chanhassen City Ordinance, Section 9-1. 25. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. The roads shall be in place before construction on new dwellings start, which are greater than 150' from County Road 117. 26. Fire hydrants are not shown on utility plan. Hydrant spacing is not to exceed 300', beginning at County Road 117. 27. Fire hydrant caps must be painted per Chanhassen Engineering specs. 28. Indicate lowest floor elevations and garage floor elevations for each house pad on the grading plan before final plat approval. 29. Submit details on corrected pads including compaction tests, limits of the pad and elevations of excavations to the Inspections Division. A general soils report for the Trotters Ridge PUD _ June 16, 1993 Page 13 development should also be submitted to the Inspections Division. This condition must be met before any building permits are issued. 30. The dedication of Outlot A as park and open space. This dedication to include a survey of the property and field staking of property corners and lot intersection points. Transfer of fee title of this property shall occur through an unrestricted warranty deed at the time of platting. The applicant shall receive 50% park fee credit, or $300 per home, for this dedication. The balance of the park fees being collected at a rate of 50% of the park fee in force upon building permit application. At present this fee would be one-half of$600, or $300. 31. The applicant shall provide a 20-ft. wide trail easement along the entire easterly property line. This trail corridor is identified in the city's Comprehensive Plan and no trail fee credit shall be granted for said easement. 32. The applicant shall map and construct a trail paralleling Outkot A as described herein and as depicted on Attachment A. Any easements for trail purposes which are necessitated by this alignment shall be conveyed to the city. The applicant shall receive full trail dedication fee credit for this condition. The entirety of this trail shall be constructed above the 933 elevation mark." ATTACHMENTS 1. Memo from Todd Hoffman dated June 11, 1993. 2. Memo from Mark Littfin dated April 27, 1993. 3. Memo from Steve Kirchman dated May 10, 1993. 4. Letter from DNR dated May 5, 1993. 5. Letter from Carver County dated June 9,1993. 6. Tree survey. _ 7. Letter from James R. Hill, Inc. dated June 4, 1993. 8. Compliance table. 9. Letter from Summit Envirosolutions dated April 30, 1993. 10. Letter from Tandem Properties dated May 5, 1993. CITY QF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 _ (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Jo Ann Olsen, Senior Planner FROM: Todd Hoffman, Park and Recreation Director DATE: June 11, 1993 SUBJ: Preliminary Plat, Trotter's Ridge The Park and Recreation Commission reviewed the aforementioned preliminary plat on April 27, 1993. Dick Putnam of Tandem Properties was present representing the applicant. Issues of concern to the Park and Recreation Commission in regard to the proposed plat include the preservation of a portion of the wooded areas of the site in an unaltered condition, the acquisition of property encompassing the large northerly-most wetland, the granting of trail easements as required by the Recreation Section of the Comprehensive Plan and as required by the plat, and the construction of a trail skirting Outlot A. Preservation of Wooded Areas As you are aware, one of the original conceptual plats depicted a north cul-de-sac penetrating the northwest property line to gain access to the O'Shaughnessy (Pemtom) and Opus properties. This area is a heavily wooded knoll which slopes into wetland areas on three of four sides. During preliminary staff meetings with the applicant, the city's desire to preserve portions of this area was communicated. The applicant responded by dismissing the north cul-de-sac and reserving a small triangular-shaped parcel for park dedication. Acquisition of Property Encompassing the Large Northerly Wetland It is the city's desire to acquire ownership of the portion of the wetland, City No. A16-7(1), bordering the most northerly lots found in the plat. Early editions of concept plans indicated private lot lines extending into this area terminating at the property border. Through communicating our desires to the applicant, Outlot A has been expanded to encompass this area. is �0:1 PRINTED ON RECYCLED PAPER Ms. Jo Ann Olsen June 11, 1993 Page 2 Granting of Trail Easements A 20-ft. trail easement is necessary along Galpin Boulevard/County Road 117 to accommodate the construction of a trail. Construction of a Trail Segment Skirting Outlot A During a site inspection, it was determined that the applicant would proceed with the mapping of the trail to be located parallel to Outlot A, commencing in the northwest corner of the property and terminating at Galpin Boulevard (see Attachment A). It was agreed that the applicant would construct this trail allowing the alignment of the trail in relation to the lots to be at their discretion. This trail is to include a connection to the proposed road in the vicinity of Lots 17 and 18 or 26 and 27, Block 1. These trail alignments are not shown on any of the proposed plans that I have seen to date. It should be noted that a discussion of the consequences of squeezing lots between the wetland and the proposed road alignment coupled with the construction of a trail in the rear yards in the area of Lots 25-29, Block 1 were discussed. One alternative to this design would be to shift the road even further north in this area and reconfiguring the plat. To comply with these directives by the Park and Recreation Commission and staff, the following conditions of approval in regard to parks and recreation are applicable: 1. The dedication of Outlot A as park and open space. This dedication to include a survey of the property and field staking of property corners and lot intersection points. Transfer of fee title of this property shall occur through an unrestricted warranty deed at the time of platting. The applicant shall receive 50% park fee credit, or $300 per home, for this dedication. The balance of the park fees being collected at a rate of 50% of the park fee in force upon building permit application. At present this fee would be one-half of $600, or $300. 2. The applicant shall provide a 20-ft. wide trail easement along the entire easterly property line. This trail corridor is identified in the city's Comprehensive Plan and no trail fee credit shall be granted for said easement. 3. The applicant shall map and construct a trail paralleling Outlot A as described herein and as depicted on Attachment A. Any easements for trail purposes which are necessitated by this alignment shall be conveyed to the city. The applicant shall receive full trail dedication fee credit for this condition. The entirety of this trail shall be constructed above the 933 elevation mark. - .` • � 1, \ i 7. \ f ' .-/_ •\� 1 1 i � ; �r �' \. k `\:/\:111\\4\''''\.:/::/,' �� X \�� , ,141.1 _ii % s.k '. t t 1 I ,. . b .,, ,/„„/< . _ __ .... . , „ ; , . ., ,./.. y ti,,,- ., ... „ , , . . _____. _ / 1 , L,/ 111 , ;i /,i � � �r`.,� /// / 1� SII III / / � ,, , ., , I I'IIII.a ,„ C **h//1/!A/ / ; ' /1111 - sill ' 0 2 ' /I/1 If(//_ii0)7„i \ -. CV - / r • ' , . //Ix 1 _- I , /a / Y / 6% t : / // . yy 4 • trl _ c. \,'„ =II I 1.i md a1 *: / i ;j I. 1�/ • • - . r a I — .. t m , , . � '� i ,. , 4r o . i �' ...,... y -_tv� / _ I k r // �` f11 k 4�/ �,, 1 - i ' =t, tel\ ' / C I TY OF 1 ‘ CHANIIASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 �-r - (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Jo Ann Olsen, Senior Planner FROM: Mark Littfin, Fire Marshal DATE: April 27, 1993 SUBJ: Trotters Ridge, Planning Case 93-2 PUD and 93-WAP I have reviewed the site plans and have the following requirements: 1. The proposed street names 'Trotters Lane" and "Trotters Circle" are unacceptable. The City currently has a "Trotters Circle". To avoid duplication, new names must be submitted to Public Safety for approval. 2. A ten foot clear space must be maintained around fire hydrants, i.e., NSP, N.W. Bell, cable boxes, street lamp, trees, shrubs, etc. Pursuant to Chanhassen City Ordinance Sec. 9-1. 3. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities. The roads shall be in place before construction on new dwellings start, which are greater than 150' from County Road 117. 4. Fire hydrants are not shown on utility plan. Hydrant spacing is not to exceed 300', beginning at County Road 117. 5. Fire hydrant caps must be painted per Chanhassen Engineering specs. PRINTED ON RECYCLED PAPER CITY OF ‘ ‘ CHANIIASSEN _p, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Jo Ann Olsen, Senior Planner FROM: Steve A. Kirchman, Building Official AWy2l /l DATE: 05/10/93 - SUBJECT: 93-2 PUD and 93-2 WAP (Trotters Ridge) Background: I have reviewed your request for comments on the above referenced planning case, and have some items that should be added as conditions of approval. Analysis: Problems have occurred with dwellings on corrected pads being too large for the pad or missing the pad. Soil conditions for future additions are also a concern that will inevitably have to be addressed. Details on corrected pads must be furnished to the Inspections Division. Pads that are corrected at the time the streets are installed should be submitted to the Inspections Division before City acceptance of the subdivision. Data on lots that are - individually corrected may be submitted before the certificate of occupancy is issued. Details on corrected pads should include a soils report, compaction tests, the limits of the corrected pads and elevation of the excavation. Standard designations (L0, R, SE, SEWO, TU, WO) for proposed dwelling types, lowest floor elevations and garage floor elevation need to be indicated on the drainage plan to insure an adequate plan review by the City. Discontinuous, widely separated streets with the same name or number designation have proven to be confusing for emergency personnel. Although the - City is addressed with a grid system, an older or more well known street always seems to get responded to first in an emergency. The less well known street is "discovered" afterwards or when emergency equipment is already headed in the wrong direction. if, t 11 ii Or PRINTED ON RECYCLED PAPER Jo Ann Olsen —05/10/93 Page 2 Recommendations: Staff recommends the following be included in the conditions of approval: 1. Indicate lowest floor elevations and garage floor elevations for each house pad on the grading plan before final plat approval. 2. Submit details on corrected pads including compaction tests, limits of the pad and elevations of excavations to the Inspections Division. A general soils report for the development should also be submitted to the Inspections Division. This condition must be met before any building permits are issued. 3 . Rename both proposed streets, and submit proposed new names for review before final plat approval. STATE OF • S2' ., - ._ ilitt K Kr LE ZOO `if Q m � "99: - i DEPARTMENT OF NATURAL RESOUR EySR METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55 06 `fit~� PHONE NO. 772-7910 FILE NO. - Jo Ann Olsen May 5, 1993 Planning Department — City of Chanhassen 690 Coulter Drive, P.O. Box 147 Chanhassen, Minnesota 55317 RE: TROTTERS RIDGE, JAMES DEVELOPMENT COMPANY, CITY OF CHANHASSEN, CARVER COUNTY Dear Ms. Olsen: We have reviewed the site plans dated 4/19/93 (received April 21, 1993) for the above-referenced project (portions of sections 16 and 15, T. 116N, R. 22W) and have the following comments to offer: 1 . The project site does not contain or appear to involve any public waters or public waters wetlands; therefore, no DNR public waters permit is required. 2 . No DNR shoreland management or floodplain concerns were noted. 3 . There appear to be wetlands on the site that are not under DNR jurisdiction. The U. S. Army Corps of Engineers should be consulted regarding pertinent federal regulations for activities in wetlands. In addition, impacts to these wetlands should be evaluated by the City in accordance with the Minnesota Wetlands Conservation Act of 1991. 4 . Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. 5 . If construction involves dewatering in excess of 10, 000 gallons per day or 1 million gallons per year, a DNR appropriations permit is required. You are advised that it typically takes approximately 60 days to process the permit application. Thank you for the opportunity to comment. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist cc: James Development Co. Bob Obermeyer, Riley-Purgatory-Bluff Creek WSD Joe Yenta, USCOE Wayne Barstad AN EQUAL OPPORTUNITY EMPLOYER Cpw4, J.- % %%1,1 1y g CARVER COUNTY COURTHOUSE 600 EAST 4TH STREET PUBLIC WORKS DEPARTMENT / CHASKA,MINNESOTA 55318 (612)4481213 , itrNEsO COUNTY OF CAQVEQ June 9, 1993 CITY OF ��j Mr. Dave Hemple r 1 OANHnASSEN City of Chanhassen MLI J 690 Coulter Drive, P.O. Box 147 JUN i 0 Chanhassen, MN 55317 1993 RE: Trotter's Ridge Access ENGINEERING DEPT. CSAH 19 ( Galpin Blvd) Dear Dave: We have completed our sight survey at the proposed access to Trotter's Ridge located on CSAH 19 (Galpin Blvd.). Following is a summary of our findings: Stopping Sight Distance (3.5 ft. eyesight to 0.5 ft. object) 40 MPH 45 MPH 50 MPH Desirable distance: 325 feet 400 feet -475 feet Minimum distance: 275 feet 325 feet 375 feet Measured distance: 370 feet 370 feet 370 feet Intersection Sight Distance (3.5 ft. eyesight to 4.0 ft. object) 40 MPH 45 MPH 50 MPH Desirable distance: 650 feet 800 feet 1000 feet Measured distance: 565 feet 565 feet 565 feet As you can see by the numbers, the proposed location meets the desirable stopping sight distance for a 40 MPH roadway. Regulatory speed on this road is 50 MPH. The stopping sight distance of 370 feet is close to meeting the minimum 50 MPH sight distance. _ On the intersection distance, it would appear that if a vehicle turned northbound from this entrance just before a northbound vehicle was visible to the south, the northbound vehicle, if traveling at 40 MPH, would need to reduce their speed by about 5 MPH in order not to over take the turning vehicle. Considering the close proximity of this entrance to the CSAH 18 intersection to the south, I would expect the speeds at this location would be in that 40 to 45 MPH range. It does not appear that any special intersection design, such as a by pass lane, is necessary at this time. Affrrmahe Anion/Equal Oppominitt Emploter Pnnted on Rent-led Paper • The County would require construction of a right turn lane. An access permit will be required from the County. The developer should contact our office to obtain the permit forms and the turn lane requirements. We would also ask that consideration be given in the landscaping plan to try to _ improve the sight distance at the access by keeping trees and bushes back from the roadway. Please convey this information to the developer. If there are further questions,feel free to contact me at your convenience. Sincerely, William J. Weckman, P.E. Assistant County Engineer MAY-24-'93 MON 09:28 ID:JAMES R HILL INC TEL NO:612 890-6244 #435 P02 tIA6N4E2T Tree No. Size/Type Removed/Save 1 38"B0 2 34"B0 3 22"B0 R 4 17"80 R 5 14"B0 R 6 23"B0 R 7 22"B0 R 8 28"B0 R 9 20"A R 10 32"BW 11 15"IW R 12 24"B0 13 TWIN 14"B0 14 36"B0 15 24"WO 16 38"BO 17 24"B0 18 201'80 R 19 32"80 R 20 15"B0 21 32"BW 22 30"RO 23 24"B0 24 18"BO R 25 30"WO 26 24"B0 2724"WO R 28 24"WO R 29 24"BO 30 30"B0 31 32"B0 32 24"B0 33 30"BO 34 44"B0 35 30"B0 36 36"80* 37 18"WO 38 15"A R 39 30"M 40 18"80 41 36"WO R 42 12"A R 43 16"BO R 44 30"B0 R 45 16"BO MAY-=4-'5I MON 09:2E ID:JAMES R HILL INC TEL N0:612 690-6244 $3435 P03 Tree No. Size/Type Removed/Save 46 24"RO 47 24"B0 48 TWIN 12"B0 49 24"RO 50 18"A 51 18"BO 52 12"BO R 53 18"B0 R 54 18TTM 55 24"M 56 24"M 57 20"B0 58 36"BO 59 30"B0 60 20"A 61 12"A 62 16"M 63 18"A 64 36"B0 65 32"B0 66 24"RO 67 36"B0 68 12"IW 69 26"RO 70 26"Bo R 71 20"B0 _ 72 24"B0 73 32"WO 74 20"WO 75 32"WO R 76 32"BO 77 24"BO R - 78 20"B0 R 79 TWIN 18"B0 80 18"0 81 32"RO 82 16"M 83 14"A 84 20"A 85 TWIN 14"BE 86 46"B0 87 32"R0 88 30"80 89 30"B0 90 30"B0 MAY-24-'97 MON 09:29 ID:JAMES R HILL INC TEL N0:612 890-6244 224.75 PO4 Tree No. Size/Type Removed/Save 91 30"B0 92 30"B0 93 12"B0 94 30"RO 95 34"RO 96 30"RO 97 32"B0 98 30"B0 99 30"80 100 26"80 101 12"BE 102 32"B0 103 14"A 104 30"8O* 105 26"B0 106 30"80 107 18"80 108 26"B0 109 24"B0 110 24"B0 111 36"B0 112 24"BO 113 14"B0 114 33"B0 115 30"B0 116 30"BO 117 20"BO 118 36"B0 119 30"B0 120 12"E 121 12"WO 122 12"A 123 TWIN 21"CDC 124 18"CW 125 20"CW 126 2-"Cw 127 12"A 128 12"Cw 129 12"M 130 30"A 131 12"Cw 132 12"A 133 14"A 134 TWIN 17"A 135 TWIN 11"A Tree No. Size/Type Removed/Save 136 TWIN 12"A 137 5: 16"A 138 6"C 139 6"C 140 8"C 141 22"B0 R 142 247'B0 R 143 20"B0 R 144 12"B0 R 145 24"80 146 18"BO 147 38"B0 148 27"BO 149 15"13O R 150 26"B0 R 151 22"B0 R 152 12"E R 153 20"13O R 154 18"M R 155 15"B0 156 18"B0 R 157 3-"B0 R 158 24"BO 159 24"B0 R z 160 24"B0 R 161 32"BO R 262 36"0 163 26"B0 164 30"M R 165 36"RO* R 166 24"B0 167 16"BE 168 12"BE 169 38"RO 170 12"M 171 36"RO 172 24"RO 173 24"RO* 174 14"RO 175 24"RO 176 16"RO 177 18"Bo 178 12"E 179 32"RO 180 12"E MAY-24-'93 MON 09:29 ID:JAMES R HILL INC TEL NO:612 890-6244 #435 POE Tree No. Size/Type Renoved/Save 181 22"RO 182 30"RO 183 28"R0 184 16"80 185 30"B0 186 32"M 187 12"B0 188 20"M 189 20"B0 190 24"RO 191 30"RO 192 30"80 193 24"B0 194 26"80 195 32"B0 196 12"E 197 18"E 198 20"C 199 26"B0 200 36"WO 201 40"WO 202 24"80 203 36"Bo 204 18"Bo 205 26"W0 206 24"WO 207 24"WO 208 26"B0 209 24"B0 210 16"B0 211 18"B0 212 20"RO 213 30"RO 214 30"RO 215 22"RO 216 16"B0 217 24"B0 218 24"B0 219 30"B0 220 14"80 221 24"B0 222 12"B0 223 20"B0 224 22"BD 225 40"RO MAY-24-'93 MON 09:30 ID:JAMES R HILL INC TEL NO:612 690-6244 u4So HUe Tree No. Size/Type Removed/Save 226 15"BO 227 20"BO — 228 16"B0 229 TWIN 19"B0 230 16"BO — 231 24"BO 232 18"WO 233 26"RO — 234 15"RO 235 36"RO 236 18"RO — 237 30"BO 238 30"RO 239 18"BTR 240 18"BIR 241 18"RO 242 24"WO 243 34"B0 244 20"RO 245 24"A 246 15"BE 247 15"BE 248 15"A 249 18"M 250 12"A 251 18"BO 252 15"BP 253 22"BP 301 18"BO 302 21"80 303 18"BO* 304 34"RO 305 18"B0 306 3-"BO 307 12"A 308 30"B0 309 32"BO 310 32"80 R 311 28"80 312 30"BO 313 32"BO 314 42"BO R 315 30"BO R 316 38"80 317 28"B0 MAY-24-'93 MON 09:30 ID:JAMES R HILL INC TEL NO:612 693-6244 13435 P38 Tree No . Size/Type Removed/Save 318 16"B0 319 30"BO 320 28"B0 R 321 20"BO R 322 34"B0 323 14"E 324 14"RC 325 24"RO R 326 18"BO R 327 28"80 R 328 38"BO 329 27"B0 R 330 26"8O R 331 28"80 R 332 18"RO 333 16"s0 334 36"B0 R 335 22"B0 R 336 30"B0 337 36"BO 338 22"B0 339 34"B0 340 16"A R 341 20"BO 342 24"B0 343 29"B0 344 2B"B0 R 345 24"80 346 32"B0 347 34"B0 348 TWIN 14"BC 349 22"B0 350 28"BO 351 34"B0 R 352 36"B0 353 33"80 354 36"B0 355 26"B0 356 26"B0 357 22"RO* 358 34"80 359 42"B0 360 34"BO 361 24"BO 362 12"p Tree No. Size/Type Removed/Save 363 16"P 364 14"RO 365 26"B0 R 366 23"P 367 21"B0 _ 368 16"B0 369 21"BO 370 35"B0 371 32"B0 372 22"80 373 36"BO 374 32"BO 375 17"B0 376 32"B0 377 31 'BO 378 38"Bo 379 29"B0 380 38"BO 381 30"80 382 29"BO 383 26"B0 384 33"B0 385 37"B0 386 26"B0 387 24"BO R 368 42"B0 389 18"RO 390 23"RO 391 13"BC 392 17"A 393 32"BO 394 29"B0 395 23"B0 396 30"B0 397 30"B0 398 21"B0 399 22"BO 400 16"BO 401 29"BO 402 18"80 403 34"B0 404 22"RO 405 24"RO 406 30"B0 407 30"BO* 'i% 429 22"B0 430 10"PE R 431 24"BO 432 34"BO 433 30"B0 434 35"B0 435 37"B0 436 22"80 437 32"BW R 438 30"BO 439 32"B0 R 440 40"BO R 441 31"80 R 442 TWIN 12"E 443 12"A R 444 12"A R 445 12"A Ft 446 12"RC R 447 13"CW R 448 18"B0 Ft _ 449 26"B0 450 36"BO R 451 32"B0 R 452 32"B0 R 461 38"WW R 462 38"R0* 463 TWIN 16"WO R 464 36"BO R 465 10"RC R 466 8"RC R 467 15"A R 468 TWIN 14"A R 469 TWIN 14"A R 470 17"A R 471 18"A 472 13"A 473 13"A 974 13"A 475 TRIPLE 12"A 476 TRIPLE 13"BW 477 14"A 478 8 : 16.75"BW _ 479 TRIPLE 14"WW 480 16"E, 13"A, 13"WW 481 14"BW -.vv v .. ►.. .. �.. .... 461 14"BW 482 16"BE 483 18"BE 484 24"B0 465 30"B0 486 22"B0 487 24"B0* 488 TWIN 18"BO 489 16"B0 490 18"B0 491 17"B0 492 18"B0 493 22"B0 494 14"B0 495 29"Bo 496 24"B0 497 26"B0 --N.., - ,. MAY-24-'93 MON 09:32 ID:JAMES R HILL INC TEL NO:612 892-6244 $4435 F10 • — Tree No. Size/Type Removed/Save 498 30"B0 499 16"BE 500 13"BE 501 14"B0 502 34"RO 503 24"B0 504 15"E 505 16"E 506 24"RO 507 30"B0 508 18"RO 509 38"B0 510 22"BE 511 34"B0 512 26"B0 513 28"B0 514 24"B0 _ 515 15"BO 516 26"B0 517 29"B0 _ 518 28"B0 519 24"B0 520 26"B0 521 27"B0 522 29"B0 523 30"B0 _ 524 18"B0 525 35"B0 526 38"B0 527 16"B0* 528 22"80 529 21"B0 530 20"80 531 13"80 532 16"BO 533 16"BO 534 24"WO 535 28"BO 536 18"B0 537 17"B0 538 25"BO 539 27"B0 540 19"BO 541 28"B0 542 36"BO jiJAMES R. HILL, INC. PLANNERS ENGINEERS SURVEYORS 2500 WEST COUNTY Roo 42, SUITE 120, BURNSVIILE, MINNESOTA 55337 (612) 890-6044 FAX 890-6244 _ June 4, 1993 Ms . JoAnn Olson - City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Re : TROTTERS RIDGE JRH Project No. 3520 Dear JoAnn: The purpose of this letter is to describe the design of a shallow water marsh to replace the Agriculture urban wetlands that will be affected by the above referenced project . The existing wetlands for the project have been described and — delineated by Summit Envirosolutions in the letter report dated May 19, 1993 . The mitigation presented on the wetland mitigation plan will occur in two locations . One mitigating pond of 0 . 38 acres will occur in the northwest corner of the site adjacent to wetland B. The second mitigating pond of 0 . 05 acres will be an expansion of the existing wetland Basin A. The mitigation proposed to replace the impacted wetlands is a shallow water marsh. The construction of the shallow water marsh will improve the aesthetics of the area . The construction of the shallow water marsh adjacent to Wetland Basin B shall be as follows : 1 . Constructed with irregular side slopes to create shallow water. The pond will be constructed with curvelinear to irregular sides . 2 . The bottom of the pond will be constructed with a clay liner together with six (6) inches of topsoil taken from the impacted wetlands and placed over the clay liner to encourage the growth of the native wetland vegetative species . 3 . The average water depth shall be 2 . 04 feet . Ms. JoAnn Olson _ June 4, 1993 Page 2 4. The maximum water depth shall be 4 feet . 5. Approximately 31 percent of the wetland area will be less than 1 foot deep, and approximately 44 percent will be greater than 2 feet deep. 6. Wetland species will be planted in areas that are less than 3 feet deep. The drainage area of the proposed shallow marsh wetland is approximately 5 acres . The 0 . 05 acres of mitigation will be to create additional open water surface with a depth of 2 to 4 feet. Attached is the lot tabulation. If you have any additional questions, please call . Sincerely, JAMES R. HILL, INC. 6 Joel G. Cooper P .E. Vice President, Engineering JGC/kmn enclosure cc: Dick Putnam Jim Ostenson John Prins TROTTERS RIDGE LOT TABULATION LOT LOT LOT FRONT WETLAND BUFFER NET LOT AREA WIDTH DEPTH SETBACK SETBACK STRIP UPLAND Block 1 1 17, 000 116 ' 152 ' 30 ' N/A N/A 17, 000 2 15, 225 95 ' 157 ' 30 ' N/A N/A 15, 225 3 14, 457 91 ' 158 ' 30' N/A N/A 14, 457 4 15, 625 90 ' 158 ' 30 ' N/A N/A 15, 625 5 16, 425 90 ' 163' 30 ' N/A N/A 16, 425 6 18, 025 94 ' 195' 25' 40' 0' 11, 905 7 19, 050 94 ' 235' 25' 50' 10 ' 11, 000 8 19, 200 100 ' 250' 30' 50' 10 ' 11, 605 9 20, 790 90 ' 250 ' 30' 60' 20 ' 14, 165 10 21, 060 93 ' 225' 30 ' 60 ' 20 ' 20, 830 11 26, 060 85 ' 218 ' 25' 50 ' 10 ' 14, 900 12 34, 540 90 ' 290' 30' 50 ' 10 ' 15, 285 - 13 21, 330 90 ' 170 ' 30 ' N/A N/A 21, 330 14 14, 500 90 ' 148 ' 30 ' N/A N/A 14, 500 15 13, 600 87 ' 155' 30 ' N/A N/A 13, 600 T 16 13, 800 87 ' 155 ' 30 ' N/A N/A 13, 800 17 18, 200 85 ' 170 ' 30 ' N/A N/A 18, 200 18 26, 700 80 ' 240 ' 30 ' N/A N/A 26, 700 - 19 27, 200 90 ' 210' 30' N/A N/A 27, 200 20 36, 900 100 ' 250' 30' 60 ' 20 ' 33, 075 21 27, 200 105 ' 255' 25' 60' 20 ' 19, 575 - 22 23, 100 102 ' 235' 25' 60 ' 20 ' 19, 500 23 21, 700 100 ' 212 ' 30 ' 55 ' 15 ' 21, 700 24 21, 100 100 ' 210 ' 30 ' 55 ' 15 ' 21, 100 25 18, 700 107 ' 215' 30 ' 55' 15 ' 18, 700 26 16, 800 95 ' 170 ' 30' 55' 15 ' 16, 800 27 15, 800 90 ' 155' 30 ' 50 ' 10 ' 13, 710 28 18, 500 90 ' 165' 25' 40' 0 ' 11, 000 29 32, 700 90 ' 240 ' 30' 40' 0' 14, 370 30 18, 400 90 ' 170' 30 ' N/A N/A 18, 400 31 15, 000 90 ' 157 ' 30 ' N/A N/A 15, 000 32 13, 875 94 ' 147 ' 30 ' N/A N/A 13, 875 33 14, 000 97 ' 142 ' 30' _ N/A N/A 14, 000 TROTTERS RIDGE LOT TABULATION LOT LOT LOT FRONT WETLAND BUFFER NET LOT AREA WIDTH DEPTH SETBACK SETBACK STRIP UPLAND Block 2 1 18, 900 116' 167 ' 30 ' N/A N/A 18, 900 2 18, 600 110 ' 180 ' 30 ' N/A N/A 18, 600 3 16, 400 92 ' 180 ' 30 ' N/A N/A 16, 400 4 14, 725 98 ' 155' 30' N/A N/A 14, 725 5 13, 125 87 ' 138 ' 30' N/A N/A 13, 125 6 17, 500 90 ' 170' 30' 60 ' 20 ' 17, 465 7 21, 300 90 ' 230 ' 30' 60' 20 ' 17, 000 8 32, 900 90 ' 265' 30' 60' 5' 28, 365 9 24, 700 105' 260 ' 30 ' 60' 5' 21, 055 10 32, 900 200 ' 165' 30' 50' 10 ' 23, 400 11 31, 300 240 ' 155 ' 30' 40 ' 0' 23, 435 12 17, 400 90 ' 155' 30 ' N/A N/A 17, 400 13 17, 400 105 ' 155' 30 ' N/A N/A 17, 400 14 16, 300 100 ' 180 ' 30 ' N/A N/A 16, 300 15 16, 900 125 ' 145' 30 ' N/A N/A 16, 900 16 14, 800 98 ' 155' 30' N/A N/A 14, 800 7 * Summit Envirosolutions April 30, 1993 James Ostenson James Development Company 7808 Creekridge Circle • Suite 310 • Bloomington, Minnesota 55439 Subject: Wetland Delineation and Regulatory Ramifications Trotters Ridge Residential Development NI/2 of the SE'A, Section 16,Township 116N, Range 23W Chanhassen,Minnesota Summit Project No. 930480 Dear Mr. Ostenson: Summit Envirosolutions, Inc. (Summit) has, upon request, delineated the wetlands on the above referenced site. We have prepared the following field report and regulatory ramifications. The subject property is located west of County Road 117 and north of Lyman Boulevard in Carver County. Initial field work (wetland delineation) was performed on the afternoon of March 9, 1993. A verbal agreement was made the following day to perform additional work, outside the scope of services. The remaining field work was performed on March 11 and March 29, 1993 (after snow melt). METHODOLOGY Wetlands were identified and delineated using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (Interagency Task Force on Wetland Delineation, 1989) and the 1987 Corps of Engineers Wetland Delineation Manual (U. S. Army Corps of Engineers, 1987). The wetland basins was classified according to the methodologies set forth in Wetlands and Deepwater Habitats of the United States (FWS/OBS Publication 79/31; Cowardin et al. 1979) and Wetlands of the United States (USFWS Circular 39; Shaw and Fredine 1971). 10201 Wayzata Boulevard, Suite #100 • Minneapolis. MN 55305 • (612) 595-8888 • FAX(612) 595-0888 Offices: Minneapolis, Minnesota • Milwaukee, Wisconsin James Ostenson April 30,1993 Page 2 Summit Project No. 930480 CHARACTERISTICS OF THE WETLAND BASINS The wetland boundaries were staked by Summit personnel and incorporated into the Preliminary Grading and Erosion Plan prepared by J. R. Hill, Inc. Five wetland basins (A, B, C, D, and E) were identified during field reconnaissance on the subject property. Basin A Basin A, near the center of the property is a seasonally flooded palustrine wetland (PEM1C; Circular 39 Type 3) supporting sedges (Carex spp.) with a few green ash (Fraxinus Pensylvanica) and dogwood (Cornus stolonifera) plants on the fringe. According to the Carver County Soil Survey, the basin is located in an area of soils characterized as Cordova silty clay loam; which is listed as a hydric soiL The upland west of the basin supports Kentuky bluegrass • (Poa pratensis), white clover (Trifolium pratense), and common dandelion (Taraxacum officinale). The areas north and south of the basin support common buckthorn (Rhamnus cathartica) and burdock (Arctium minus). The area east of the basin has been filled in places to accomidate passage for vehicles. Basin B Basin B, on the north boundary is a seasonally flooded, palustrine scrub-shrub/emergent wetland (PEM 1 C/S S 1 C; Circular 39 Type 2/6). The uppermost fringe is only temporarily flooded after spring melt Only the southern portion of the basin lies on the subject property. Dominant species in wetland B are cattail (Typha latifolia), red osier dogwood (Cornus stolonifera), willows (Salix _ spp.), green ash (F. pensylvanica), and lesser duckweed (Lemna minor). The Carver County Soil Survey characterizes the soils within these basins as Cordova silty clay loam and peaty muck. Both of these soil types are listed as hydric soils. Basin C Basin C, is a partially drained/ditched seasonally flooded palustrine emergent wetland (PEM1Cd; Circular 39 Type 3) located east of basin A. Dominant vegetation is cattail (Typha latifolia) with a few dogwoods (C. stolonifera) and willows (Salix sp.). Soils in the area are classified as Cordova silty clay loam, which are considered hydric. A drainage swale is located in the northeast portion of the basin and is thought to convey water northward toward Basin B during periods of high water. Basin D — Basin D, in the south-central part of the subject property, is a saturated/semipermanently flooded palustrine emergent wetland (PEM1B/C; Circular 39 Type 2/3) supporting sedges (Carex spp.) and reed canarygrass (Phalaris arundinacia). The eastern-most portion of this basin was James Ostenson April 30,1993 Page 3 Summit Project No. 930480 excavated in the past to serve the needs of livestock. The excavated portion of the basin likely _ remains inundated through most of the summer. Snowmelt overflows toward the west and into Basin E. The entire basin shows evidence of extensive cattle traffic. Basin E Basin E is a saturated palustrine emergent wetland (PEM 1 B; Circular 39'Type 2). Dominant vegetation is reed canarygrass (Phalaris arundinacea) with scattered dock (Rumex sp.) and smartweed (Polygonum sp.). Soils are classified as Cordova silty clay loam by the Carver County Soil Survey. This basin has been saturated throughout the month of April, but will likely dry up by summer. It is not included in the City of Chanhassen's wetland inventory. Basins Adjacent to the Property A Type 2/6 wetland (sedges and 'willows) lies outside the western property line. Only a minimal portion lies inside the subject property, approximately 20 square feet. The portion that lies outside (west) of the subject property remains undisturbed, however fill along the fence has eliminated most of the original hydrology available to the cast side. The remnant wetland is a saturated palustrine emergent wetland (PEMB; Circular 39 Type 2) dominated by sedges (Carex spp.). The basin will not be altered by the proposed project. There is a narrow strip of hydric soil located in the southeast corner of the subject property, however, the wetland hydrology was disturbed by fill associated with the driveway and road construction and thus does not meet the wetland criteria at present. This area is not classified as wetland on the National Wetland Inventory map nor on the City of Chanhassen's wetland maps. PROJECT IMPACTS Wetland impacts associated with the proposed project will be limited to two basins. According to the Preliminary Grading and Erosion Control Plan by J. R. Hill, Inc. the development will not • - impact basins A, B, and E. However, the proposed project is will require that approximately 0.33 acres acre of fill be placed in Basins C and D. Basin C would be entirely filled by the proposed project for the construction of a residential street within the development (Trotters Court) and for the construction of housepads on lots 33 and 34. Basin C has a total acreage of.26 acres. A small portion (0.07 acres) on the east end of Basin D would need to be filled to accommodate the construction of houses on lots 6, 7 and 8. Placing fill in this portion of the wetland will allow Trotters Lane to be constructed farther to the south and avoid destroying several mature burr oaks to the north. The portion of the basin that is proposed to be filled was altered in the past and is currently used as a pond for livestock. James Ostenson April 30,1993 Page 4 Summit Project No. 930480 REGULATORY ANALYSIS The following is an analysis of the potential ramifications associated with wetland impacts that are anticipated as a result of site development. Minnesota Department of Natural Resources The Minnesota Department of Natural. Resources (DNR) lists all Circular 39 Type 3, 4, and 5 wetlands larger than 2.5 acres in incorporated areas on its Protected Waters Inventory. These basins are not listed on the Protected Waters Inventory,thus it should not be necessary to obtain a permit from the DNR to authorize alterations to these basins. U.S. Army Corps of Engineers The wetland basins are within the permitting jurisdiction of the U.S. Army Corps of Engineers (Corps) under Section 404 of the Clean Water Act. The Corps has issued a nationwide Section 404 permit for up to a half acre of fill in isolated wetlands without notification to the Corps and between a half and three acres in such basins with predischarge notification (see 33 CFR 330.5 (a)(26)(ii)). The proposed amount of fill is less than one-half acre, and therefore, the project should be eligible for certification under the above-mentioned nationwide permit.. The Corps should be contacted to corroborate this interpretation. Minnesota Pollution Control Agency The Minnesota Pollution Control Agency (MPCA) has provided blanket 401 Water Quality Certification for the above described nationwide permit. Both the Corps and the MPCA have voiced concerns over existing wetland basins receiving direct, concentrated stormwater inputs. These agencies consider the diversion of urban stormwater into existing wetlands to be an adverse impact and, in some cases, have required mitigation for that impact. Minnesota Wetland Conservation Act of 1991 With the passage of the Wetland Conservation Act of 1991 (Act), wetlands on this site are now under the jurisdiction of the Board of Water and Soil Resources (BWSR). During the interim period between January 1, 1992 and July 1, 1993, the responsibility for administering the provisions of this legislation fall to the local unit of government (LGU). In this case, the City of Chanhassen is acting as the LGU. _ We have reviewed the various exemptions contained in the Act and find no exemptions seem to apply to this basin. Therefore, the project will need to be certified by the LGU as having complied with the provisions of the Act that apply during the interim period. The Act dictates that restoration or creation of replacement wetlands only be considered after an applicant has James Ostenson April 30,1993 Page 5 Summit Project No. 930480 demonstrated that the impacts cannot be avoided, further minimized, corrected, or eliminated over time. These provisions require that all wetland impacts incurred during this period be offset by wetland creation or restoration at a 1:1 acreage ratio and be located in the same watershed or county as the impact. In addition to the requirements of the Act, The City of Chanhassen will require a Wetland Alteration Permit for wetland fills of any size in compliance with local ordinance. Under the ordinance, unavoidable impacts will require compensation at a ratio required by state law (1:1 until July 1, 1993). Also, wetland buffer strips and principal structure setback are required for all wetlands, be they avoided, altered, or mitigated. Clean Water Act Section 402 (P) of the Clean Water Act mandated the U.S. Environmental Protection Agency to develop regulations for storm water. The MPCA has the authority to regulate the storm water program which is considered part of the National Pollution Discharge Elimination System (NPDES) program (Minnesota Rules Chapters 7001, 7002, and 7003). A storm water permit is required for construction activities disturbing five acres or more. COMPENSATORY MITIGATION The proposed compensatory mitigation for the subject site will comply with the Act's 1:1 acreage ratio by creating 0.36 acres of wetland. The proposed wetland mitigation plan includes a 0.33 acre basin in the northwest corner of the site near Basin B and .03 acres adjacent to the west border of Basin A. The mitigation areas are intended to be similar to existing basins and, therefore, should be designed to the extent possible to have bottom contours that approximate those of the existing basins. Summit recommends that the mitigation areas be subcut to a depth 6-12 inches below the desired bottom elevation. The basin should then be lined with 6-12 inches of organic soils to be excavated from filled wetland areas. This lining of organic soils should provide a seed source sufficient to facilitate the establishment of wetland vegetation within the mitigation area. Mitigation basin should be designed with irregular edges and irregular bottom contours. Sideslopes should be no steeper than 5:1; sideslopes of 10:1 or greater are preferable. If on-site soils demonstrate significant permeability, consideration should be given to lining the mitigation area with clay or other impervious materials prior to lining the basin with organic soils. Stormwater runoff from the site will be diverted through two sedimentation ponds, one located southwest of Basin A and the other south of Basin B. Stormwater will not be discharged into basins C, D, or.E. All runoff from the site will be treated prior to discharging to wetlands. No mitigation credit is being claimed for the sedimentation basins. James Ostenson April 30,1993 Page 6 Summit Project No. 930480 LIMITATIONS OF WETLAND ASSESSMENT - Summit's opinions, conclusions and recommendations were based in part on information Summit obtained and evaluated from current sources including the client, and municipal, state, and federal agencies. Verification of the authenticity or accuracy of this information is not warranted by Summit or included in Summit's scope of services. Summit's report was prepared in accordance with Summit's general conditions and terms, and no other warranties, representations, or certifications are made. Field reconnaissance was completed during winter season, and therefore only two of the wetland indicators (vegetation and hydrology)could be observed on a minimal level. The basins were field checked on April 28, 1993 and slight adjustments were made and documented. _ We appreciate the opportunity to present this analysis. If you have questions or would like further assistance, please contact our office. Sincerely, Summit EnvirosoIutions, Inc. Matthew T. Snebold Biologist — .� s. �•" Dawn '. Kreft Natural Resource Department Manager cc: Joanne Olson, Senior Planner, City of Chanhassen Dick Putnam, Tandom Properties John Prins, Realty House Joel Cooper, J.R. Hill Inc. TANDEMJames L.Ostenson PROPERTIES Richard A.Putnam BROKERS•PLAN"VERS•DEVELOPERS Z' y'"431ra/ l 5 .24/1 e. a c L211G t uai/ e'Vt w 4e1t=1 i ; 14t4r-- 04-0 • 1 11,dt_s/L &Q , Q u h c>1^tAtrrce.y/A,93nat..a..41r + r u�T L/147i /49 G/i!G&y °. -42MA& s \tir;461-i4-cPCzel- r--) ?ri‘eG6gtet,tif 1-Lue 7146CVm:e9C ive,rikP p_z{Lic). t/t) frle r/T5 4c.f.).4>ree 04- Teye7 ' V-C- 4741--e,r P(4/ air ,V111)1 hetr,- "e/1 1W?fol/f5fi /ZepAA/•- 2765 Casco Point Road •Wayzata,Minnesota 5391 • Office&Fax (612)471-0573 nrxicA200 0 szno4pdv, a5co c1 ] vg5; °, c5pco IogoRocc• crg /o4C $ n5ff • 0 • C aç &11fl E : :oo ' O ' c Q � • Ppv ,iF., 0 5;4 " 1 $ r' ntt 7 ..71 a. ?pl. > 8 ttm„, Fh (9, -- ED. 0 to tt CA . r ax. nc g 5 • 0 a c c0 .•Tp ; Io o ,& g• co & 0 . co 0.. " rA 1:4 $ Sn' a . --‘- $ 'T' ..iITRLiR1 ! cn aka c , o •. rt" 9 ° C c 1F1I r"' cPri5co. pn � aQ. 0' I1IIUU A_-,' 0=� ��pp liml § ; ri" ...- el: s go. . 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AU. 1 6 �.\ a f- E b 9p , :. - � 4 i � � `• -, � .:.-::.xi.-. ,*. isc% _ cu \\ -'-( : �, . ic) \iii \ i O 1 6 °Th,ia •Z 2 'r • , • N L `� i42 ac t 00 v� @ ate` �� 00 w �^ .-. Q •.. ._- �c - .l }C[\,‘ G N• R \ f 0 O o ^ 418 i-.' --1s Z cC v - V x �t ` iu } a co a0 0 CC ) ) - Ic f tit j '-‘; ' u ' - . - 'II . •N a, — +, c r' co• ' ,d o l rV�I/'�' 1 t O . 1 I - i L f • , w N O A. 4 • i N :b= N . r a 314140:;,.4..W. 3 r � 1 i i p i.pi, - t; N y - .�. mow. ,• ? . , ' h _, � ` ` ,-, P -• r 8c a " N • O �• � ' ' r• ` • • = r F- _-2 0O ti y • • 43.-b� ° � ' ti.� _ Ki,dW -•-a . " --r4`� fesy � I 9 a ?.__ yN ': r4 tioitr t — c. zee . 6 ; O -,4 % 4 \ A 14 • 1 I Te /W / y z ` i • \ ; -�� '� (iSEcb)\ al fib. ..........------------;:i4e. ----r-Z- . s _ O1111111111111111111111111111111111111. _ GQ-� 2 ' A IllIA°° -- c.``TTEe 64- a 1.111) It' .,as 0 .A 5 .° . • 402t1.0 a r.F4 j.�1 gal -...14. ' C1 t + +12"1. . _�. -r Ft • w Np g i Qr°e' s5.o 1 ri' 115. 0 <` op:;� Fs I1 I Bp., gra u 0 �P '�% I — o u ( •t' / D I IA " P." 1 Li ---1- 4'co. yi, /?/) I (s� �3o.gtGI co ja.owscd8 ��' g' 3 sr�u II uJ al I004,4 / io it s,...c..,4.r 6,04. 0 x uta, (900.4 :I' I crl 3 ` \ wft.`�[� 4/d: I 6J11 1 ate►!�`rr �N' .4 0 E- ..: 1 I fn u I or y- " E4 W Mra12.tNCa I Q a latiwit 1 }> P411.CAN E E LT IL I-ry I G.& Er",V r - I r n . up; 2q.c'-:-:c'-:-: ` _J 1 4Q° 904..4 -- 1 15,2.1 - • log [ So i N 8G°2.01.44,"‘,..j o 1 Denotes Iron Monument Proposed Top of Foundation Elevation = goco x 100.0 Denotes Existing Elevation Proposed Garage Floor Elevation = 90co.5 (100.0) Denotes Proposed Elevation Proposed Lowest Floor Elevation = 6909 . -�----- Denotes Direction of Surface Drainage I hereby certify that this is a true and correct representation of a survey of the boundaries of: LoL 6, Block3, J iWSIC 60 .11121 PRAIRIE, Hennepin County, Minnesota. And of'the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. As surveyed ¢y me this 16th day of February , 9 93 /Ale/. (/ 4' Xiiie/7/7 / - ' Thomas S. Aerriquis t Registered Land Surveyor, inn. Lic. No. 7725 A ;e.., ',`"- 40iCERTIFICATE OF SURVEY — \ SATHRE-BERGOUIST, INC. •,,0, ' for n 4 "QP a ISD SOUTH 9RCAOWAY.WAYZATA, MN 55391 ) 12 .rpt �.e. : 1612) 476-8000 FAX 476-0W4 r�[ro J. PAUL, ST};RNS & CO. , INC. r . 0 i i , Consultation Done For: `,;Itsi \! r, I r /1•Ve,,, Name t)'C PJ"�Y�Ct vv-1 441/,1 / tIV,Ati;,A 10# I��% Address L CCiS C C R= �.�� ✓4 — kk'l i �i city IILIGU )rt-i-cA State mrJ zip 5539 I Phone (H) 41H Z (w) "III CS73 RainbowTreecare 4601 Excelsior BNd,Suite 300 Consultation Date of Consultation Feb I I B 1 0 9 3 St. Louts Paric,MN 55416 (612) 922-3610 Form Consulting Arborist 'Jame 4 L-c`r Df' Yard Site Inspection Construction Site - Injury Prevention Evaluations Conversations ❑ Trees checked for diseases & insects. Cl Trees checked for girdling roots. ❑ Long term energy depletion / decline. — ❑ Trees checked for hazardous conditions. (23 Discuss roots in soil (Most in top 6"). ❑ Trees evaluated for pruning needs. ® Soil compaction & grade changes. ❑ Shrubs evaluated for pruning needs. ❑ 30% damage of 1/2 the roots rule. — ❑ Soil checked for compaction. ® Clean cut roots during excavation. ❑ Soil moisture evaluated. Q House placement discussed. ❑ SoiliTissue sample need evaluated. ❑ Utility line placement discussed. - ❑ Stressed tree - Starch analysis. 0 Sewer or drain field placement. ❑ Salt injury evaluated. ❑ Foundation soil disposal. ❑ Growth nodes examined for history. ❑ Building waste material disposal. — ❑ Mower & whip damage evaluated. ® Importance of fencing. ❑ New tree planting depths examined. ❑ Fence placement agreed upon by all. ❑ Truck & equipment parking. — ❑ Building material storage. Conversations ❑ Oak Wilt discussed. ❑ Do agreements work for the builder? - ❑ Above items discussed. ❑ Tree care history discussed. Evaluations ❑ Importance of Rootcare for urban soils and trees. - Cl Lawn service / Herbicide, Fungicide, & Fertilizer ❑ Tree treatments for unavoidable damage. use discussed. 0 Trees checked for hazards. _ ElSprinkler system use discussed (watering). ElOption of aeration system evaluated. ❑ Necessity of preparing trees for injury. — ,r0-,,4s-to,),, Pape Comments_r ( Fee ifff 6 . ?e ,-,,, id rC cy,c.S tc\-, o 1'l.CvSE 4-4-nes 1 f1DoN f\i/S (1`;f.l ctx;il _ +2 Ell.....) i..4 G c;t1 L.,E'St -5'cE.c of IG} r«.�t-er .it,c,, nor--I1i sick -�c,r Hourly Rate45.`—. Yvtro(io-h) •n (Yuccr,ra-tL\- - s, tsss -ff.c. I,iskorlEJ �n �l•1-'' N. sIct.e of Min. Charge -1S°' lo-f, IV Chcrr� (511 kt(i f o i, cf # Hours I + I 7 Ilc lo}) hu> "3 Ela�c�r�t ciacl a ,r c., Total Cost 592 — 41i,i CC' c((j,•ni14i1 S'k iS. 1ZeC��,'nn,e.,cded red,V?CVll(, �}� r L.-048 : D;S(v55c,1 kc-'k }'16.11;x.,} ill CaI ti,::{•dS. DISC,:;si(--i ('iSSlblt fc,,1�:A C- 14'' ASI, �, iZ" Ii �,-.k ; :k Q.cili4uft 1oca110n of h.�.,,e L driVfi.r,.i/. . _....,. /.. . IL.. , ,A-4,-u ,,,,,,l• J. PAUL STERNS & CO., INC COA RAC•TDRS OF FINE CONS7RUC77ON Major Remodeling -Design -Fine Homes FAX TRANSMISSION f TO: 7)/c TN�'I <",/-0 5'73 FROM• O DATE: 6 - % /q_ I �D TIME NUMBER OF COPIES; not Including this cover sheet 4 'Ye-4�' /ate/5 QIP 40VaQ sG(.. 46A01:404, 17ere2 4eivoi 4' eeZeld-e4 —)/4/1 !` Please contact us it copy quality Is not Acceptable ? .--054e.. )/cry 1 7 .e -t-G Z-e-tw 74-he, 4774c 9 Rev/Ser, �S c/ife Y-V roc ?z!Z Mo AGtr /;inm-e-. Z T ,¢i::).€0erts -7-4.74,4 T 4- -tort) 77/ V ' 4e, 4 c, ./yoxv 19 2 To \5.}t c, Cc NS9&-- a - 77 'Q$ Gly 7.44e, C'e&Wy2ti i eve- k'/cc,„ .1-14 -C. 7D ieQr+9erpr.„- 2 N/C,icGrC ?/cee 4pc P4s� -e7 11s /4)-4/ i /, r/►// is AeChop7 ' .. 14 SOUTH BROADWAY AVE. WAYZATA MINNESOTA 55391 (612) 473-2241 `f•t4"OAtS 12'OaK c •I t"• • ®t. o (�03 ` 4�A �� — �Z�_ 1 '� 20 ' i �ti A_ J. *6-'6 `� an.�Qf 1 i • 1 ♦ 1 . • 4�,. 2o•oa3 + �• ' —s f t v l E S •t •' 30 �.J • +moi • im'a ,� �� ; .--- -`1""--a. \ . -----Cr.., e , "„; ift:3411 .,, r • o r •,. • 4 t»a ti.' I ;.i 1‘, 10\. % -:.:i:'::::'.7';'*:•.:"..: ...;;:':,:!if::!:-:':;•..:::::.-.::::...:.::.:,:.::.:-:i,,::::,..:,...: :::1 O ��"li • s • 7 I 41 illiiiii V I k i2''ASH - ..._ IIV I t\040:Vas, ' ft, ' • . - -- ,,. III • ?"ASH -5 :I•CH_R -::... 1 i$ 4 CAE a. "1'CHE .' O� C?iE•-.• „ • 2t?"Cr,ER •� I I l V• 'edge? 1". 12"a5:i t6 CHt=R Q! •� .D 91► 4 AS• Pi 1•I4"CHER ... 3 ;74. i t2' :M1 ; b�14'ASH 1Zw ��p� � �asu ! • !7 `6 'C'+ P. TJ .-711 \ec. o V• • '2 CHER Aa ly1 !4"C' • = � : It •+,2"CHER s_ I CEDAR �� `� 't._: 1 �• N 2 �5'. �` {6"ASH ,L I� a s•1 .\ 0 , 1111. ?•CEDAR off •I4"!�S ,�� O2 c: .or. • •t 4. ../ . '... y E. 1 \ ' , i .. 1 • • •t T e.,...i.:.......:1..:..:. 11 • i 611 -e- • " ! 7 _ : .... . :• :......,r,;.-.. - 1 • i .. /'1 1 / % .V, M 7 t2 • ' ASS . Q t �� r Q A \ "3 • • ` . f , ' I• • ' k. 0 /1/ .'' i 4r •• l -', �,' o" 1l.1 )W/ ': \-1 CC ) 1 ► ' EXIST n 1 r 1511 SOUTH BROADWAY AVE. WAYZATA MINNESOTA 55391 (612) 473-2241 do ._ . 1‘c6 si . rI t• • • 'fr �4r j ` 4 .. vi, ..#.1. - .4) ..--- I #1161lovo__41 l . 1r - \,,, et &I* +111PiAif c, 1-(4i riittCt do • --‘ *4;ts o 1 tictija, ett,&H. 4tVIIIA 4) LW tqlri IV W .04 4040(AA f ((V sAkitt r modbA lit 4- c01 e/o Q A. t'}tv1c•,V, fs.-eZickieS, (f t,�,,yj`';j F�'i��,t,�t Consultation Done For: 7 `��,1�i�1L ' ,/i� �`ir , Name JCin err°Cc!0 4, �l t, ,i '04.1;), J. l�u3l Stens Co, Inc. t �1 l A I/ d%)/, Address t��`�m kvi All iii City L 3crk- State MN Zip ' 53� I Phone (H) (W) Rainbow Treecare 4601 Excelsior Blvd,Suite 300 Consultation Date of Consultation 2/ S/' 3 St. Louis Park,MN 55416 1 (612) 922-3810 Form Consulting Arborist L0-CSDn - Yard Site Inspection Construction Site - Injury Prevention — Evaluations Conversations Cl Trees checked for diseases & insects. ❑ Trees checked for girdling roots. Long term energy depletion / decline. • X Trees checked for hazardous conditions. 16'NjK Discuss roots in soil (Most in top 6"). CI Trees evaluated for pruning needs. ,,.xll vel o ,J Soil compaction & grade changes. ❑ Shrubs evaluated for pruning needs. eab1E t1- ❑ 30% damage of 1/2 the roots rule. ❑ Soil checked for compaction. Y% r'' '`a' IFf Clean cut roots during exchvation. - ❑ Soil moisture evaluated. R House placement discussed. ❑ Soil/Tissue sample need evaluated. ❑ Utility line placement discussed. ❑ Stressed tree - Starch analysis. ❑ Sewer or drain field placement. - ❑ Salt injury evaluated. Foundation soil disposal. ❑ Growth nodes examined for history. .0 Building waste material disposal. ❑ Mower & whip damage evaluated. 121Importance of fencing. - ❑ New tree planting depths examined. ❑ Fence placement agreed upon by all. 1;21 Truck & equipment parking. joh" ` Id( jg Building material storage. «''""'`'"'ca.-ike _ Conversations ❑ Oak Wilt discussed. neressitvs ❑ Do agreements work for the builder? b1f r ❑ Above items discussed. ❑ Tree care history discussed. Evaluations ❑ Importance of Rootcare for urban soils and trees. ❑ Lawn service / Herbicide, Fungicide, & Fertilizer ❑ Tree treatments for unavoidable damage. - use discussed. ❑ Trees checked for hazards. ❑ Sprinkler system use discussed (watering). ❑ Option of aeration system evaluated. ❑ Necessity of preparing trees for injury. cke1'' ' W Comments Fee - Lal * `o { me-1 w.44,, John rc yirdi ri J Cz,,5 f rucfit\ przacfrces 4.,zt ,....id 4 I-se( Sao(' e . DISC0:6 t rFCexur+3- P'1'°c dune S Hourly Rate '$ gS °' .. Min. Charge �}So- r 10,4_ ,s &1„k_c ect ab ,v... ?lob ° s;y. .. r,, k,-1c.,,,y; ete... # Hours C6;LAc t b3 b.,,,^ �l,1D cr s(c.'(; -mss see Ci- n� �,a<1, g sp,l( . sLL ? -6,,,,,,� � ��1 Total Cost � -=1‹, .-2(( - 17,,,r Lc ' (NR -fD-(ci5+ --S, 19?-,3). A c4 . ekboJC '. I4 (.'1�(!•\ (f([%") t� , I'•r,{,,VJ , ,* ,-...,,u ►\kfcC G. ('...ViF fin' -t,1 iVnid�.-\c . _I" l� `:F'•`1i - • 1 1 , /I' kk% li;N1km,111 /// odAtt Rain b owTreeca re 4601 Excelsior Blvd. f St. Louis Park, MN 55416 922-3810 • Information for After We Pruned Your Trees Thank you for choosing Rainbow TreeCare to prune your valuable trees. It is our intention that you be entirely satisfied with the quality of work performed. If there is anything that is not exactly how you want it, please call us so we may return and complete the work to your specifications. We want you to call if things aren't what you expected, even if you notice a problem 6 months from now. Proper pruning is a very difficult and dangerous job. If it is done correctly, it will leave a tree more healthy and vital as well as help it coexist with it's neighbors and your house. There are a number of different ways to prune a tree. If your interested in more information on why we pruned your tree the way we did, please call. We're happy to talk to you anytime. If there is snow on the ground (I know that it's hard to imagine if it's summer now) and we weren't able to do our standard excellent cleanup, we will be back in the spring. We've put you on a list. If the snow melts in your yard and you're wondering where we are or if you just want it done quickly, call so we can put you at the top of our list and get your yard cleaned up. We, at Rainbow TreeCare, believe that our job is only partially done after the work is completed. We are available to come look at your trees or answer questions if you ever feel there may be a problem. Thank you for your business. Rainbow TreeCare e ' ft VT -t : Customer Service'E'valuatiog s,:: . u In order to continually improveor:service; *e.are biways seeking — critical evaluations of our work. Giving.us syour'Opinions will help us to maintain and improve upon our high levelsof quality-and service. Please fill out this -form and return it to us with your payment... 1. Please rate your Consulting Arborist: '1., i �`` �`1 r.„ ` ' 1 x--_,41445,„.•.--1,-.•,;,.....:.., • Cf.$ '1 _'s- if.~17.i1 i ., 1 x'! w —,it-!+.vs+o .Y' t V ikV• '47-4 ' 2. How would you rate our field staff?5-M4ti_�,a •'-,,41 .1 ,_,-2 "�3,-.7:---.',4',X•. rt -ik k+-... t' • .. .. �,��rt-`�-�e S'}+'-{C`. `" eft 1 r�'-tiy ' ��a�>• �-��L- ?��.r.•� • . 3. Please grade your overall .�1:riit i 2 • �.• : -'`- =' % ;' 4. Our work is heavily influenced by many factors beyond our oontig (i,e. L conditions, spray timing, and healthy equipment) and we are sometimes unable to Complete . _ work when it was initially scheduled. If this happened to you, were you called and made -.. aware of the situation? Y N N/A. ' 'r ` ` "r I' ; j z. ._ • 5. !Did anything happen to upset you? Y 4:�N'(If sb, what waa it?) ti>:;,Y t; _` t , r art' :;' i r • -, ._ :,)f? . a_ >t}.::,v Vii;;=tt- - -1 . , • . . It.. a`. ,-.: '1,.t .tt'# ;3.*L . . % 6. Did we keepall of our promises? Y N not,^what was not^t t e 'fit'" " • : - • :•. ... .. .1. 1-'1 5 ..-i;'�.�ir .,«'� - ,•. ! 3¢!A _ 7. Would you use our services again? . y• T , +� t 8. Is there anything else you would like to tell us? , ; °?> 4 ^ ' ` ' ; ` �' '.'. *' , 1 + . ; i. h '• Name: :.:-..---.1-.,,..;....-.,-....-:.1.--::iPone: t . ..c_: Y=;,s-. ._ •.. _ ..a..z _ .• } Y Type of work performed: Trim & Removal. '''k :-= .. ' (Please circle Insect or Disease Control.' ,- • - _� ' _- those that apply) Aeration/Fertilization. h.--q-..-1,,--,,,„--..;,1217.,4 -!-..-,.,. + 3t 1v = Elm Protection. Y �-:, '•'7— :- `:s .y Thank You - . - . s 4441 '•-04-rl1 I!-,`'Tr•v 14'0l'i,- i 1-1 ' ' 11 CITY OF ' , , CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 .7".411 MEMORANDUM TO: Jo Ann Olsen, Senior Planner FROM: Steve A. Kirchman, Building Official Allk. DATE: 06/07/93 SUBJ: 91-1 IUP (Swings Golf) The following are Inspections Division staff comments on the above referenced permit application. 1. I could find no record of a building permit for the fence around the property. Permits are for fences are required by City Code.The requirement to secure a fence permit was also a condition of the grading permit (#4232) issued in October, 1990 . 2 . The applicant has already begun construction of the addition to the existing office and poured the slab for the new building. A stop work order was issued on 04/07/93 . 3 . The applicant has not continued to provide septic pumping receipts. Required sanitation facilities on the property do not meet current code, nor are the existing sanitation facilities served by an onsite sewage treatment system. Holding tanks were permitted because the originally designated treatment sites were destroyed. Holding tanks are, in staff ' s opinion, the least desirable alternate system permitted by code. It is recommended that the site be inspected by the Resource Engineering, The City's onsite sewage treatment consultant, to determine if suitable treatment sites are available. An approved onsite sewage treatment system should be installed, if site(s) exist prior to approval of further expansion. to PRINTED ON RECYCLED PAPER b. C I T Y 0 F PC DATE: 6/16/93 CC DATE: 7/12/93 C HAN H A S S E N CASE #: 91-1 IUP ��-- By: Olsen:v STAFF REPORT PROPOSAL: Interim Use Permit for Expansion to Swings Golf Site Driving Range and Miniature Golf Course Z LOCATION: Northwest Corner of Hwy. 5 and Galpin Boulevard V7750 Galpin Boulevard Q. APPLICANT: John Pryzmus 0. 642 Santa Vera Drive Chanhassen, MN 55317 PRESENT ZONING: A2, Agricultural Estates odic by City Mministnt+R ACREAGE: 18.1 acres ,5,, u' DENSITY: E' Cat ADJACENT ZONING Pith $i;bmitted to Commission AND LAND USE: N - A2; contractors yard S - A2; single family residence re s��T nes t� c�� ii E - A2; single family residence +,.... W - A2; vacant c] WATER AND SEWER: There are no municipal services available to the site IL) PHYSICAL CHARACTER.: The site contains a Class A wetland in the northwest corner and has been improved to contain a miniature golf course and driving range. 2000 LAND USE PLAN: 1995 Study Area Swings IUP June 16, 1993 Page 2 PROPOSAL/SUMMARY The applicant, John Pryzmus, is requesting permission to expand the Swings Driving Range and Mini-golf facility which was approved as a conditional use permit in 1987. The expansion to the site will be processed as an interim use permit in the A2, Agricultural District due to ordinances that have been changed since the original approval. The applicant is requesting an interim use permit to permit expansion to the site in the form of an accessory building, expansion to an existing building, batting cages, parking area, and berming and landscaping. Much of the expansion requested for approval has already taken place illegally (expansion to existing building, slab for new building, parking area and berming). The city has a long history with this site. Some of the past experiences include revocation of the conditional use permit (1987), denial to reinstate the conditional use permit (1987), approval of a new conditional use permit (1987), and review of conditions of the conditional use permit showing conditions not being met and illegal expansion of the site (1988). In the fall of 1990, the applicant started new activities on his site. Staff placed a stop work order and processed a grading permit. As part of the grading permit, the applicant was required to receive amendments to conditions of approval and permission to expand. After several contacts by staff and the initiation of legal action, the applicant submitted an application for amending the existing conditions and for expansion of the site in 1991. The application was tabled by the Planning Commission because there were so many original conditions of approval that had not been met and/or had been violated. Mr. Przymus was directed to meet all original conditions of approval _ prior to continuing with the process. Mr. Przymus did meet the three outstanding conditions (as follows) but did not pursue continuing the application. 1. Receive a certificate of occupancy for the existing building. 2. Provide a pumping contract and copies of pumping receipts for the holding tank. 3. Apply for a fence permit. In 1992, staff contacted Mr. Przymus, stating that he must complete the application process since he had expanded the site illegally. Mr. Przymus wanted to wait to see the outcome of the Hwy. 5 Task Force since his site is in the Hwy. 5 Study Area. While "waiting" for the outcome of the task force, Mr. Przymus again made illegal improvements to the site (storage and building slab). The city cited Mr. Przymus for building without a permit and he has now submitted another revised site plan with the proposed improvements. The site is now designated as 1995 Study Area by the Comprehensive Plan. The Hwy. 5 Task Force is reviewing suitable uses from the subject site and a frontage road will be impacting the site. At this time, the Hwy. 5 Plan has yet to be completed and there are several viable routings for the access boulevard that are currently being evaluated. Underlying the proposed expansion are two facts. First, everything has been illegally performed prior to receiving approval from the city, and secondly, the site is using a holding tank. Holding tanks are to be used only as an Swings IUP June 16, 1993 Page 3 alternative system. Mr. Przymus had two areas for septic sites which are the required systems but with alteration of the site, the area for the two septic sites has been disturbed. The following report goes into detail with each subject. Staff is recommending denial of any expansion to the site. The applicant has continued to illegally expand the site, so that approvals are after the fact and the site improvements are not _ always up to city standards (holding tanks vs. septic, etc.). In the event that the PCA determines that approval is warranted, staff is establishing conditions we believe should be considered. BACKGROUND On November 16, 1987, the City Council approved a zoning ordinance amendment to permit golf driving ranges with or without miniature golf courses as a conditional use in the A2, Agricultural Estate District The Council also adopted standards to evaluate conditional use applications. They are as follows: a. The location of the driving range is limited to being adjacent to TH 5 and TH 212, an access must be from a collector or arterial which leads to TH 5 or TH 212. b. The hours of operation shall be from sunrise to sunset. c. Provision of adequate parking areas and submission of a landscaping plan in conformance with the Zoning Ordinance. d. No site shall be located within 500 feet of a single family residence. e. Buildings on the site may not exceed 800 square feet and shall be painted in earth tones. On November 16, 1987, the City Council also approved the conditional use permit for John Pryzmus for a golf driving range and miniature golf course subject to the following conditions: 1. Submission of a revised grading plan by December 1, 1987, showing the proposed limits _ of grading, methods of erosion control where necessary indicating the size and revised location of the parking lot and club house 150 feet from the centerline of Co. Rd. 117, and proposed berm areas around the putting green and miniature golf course area. The parking area shall be paved. City staff shall review and approve said plan prior to activity occurring on the site. 2. Submission of a revised landscaping plan by December 1, 1987, to add a 2 foot evergreen hedge and 6 foot trees in front of the proposed parking area. City staff shall review and approve said plan prior to activity occurring on the site. Swings IUP June 16, 1993 Page 4 3. Fencing on the property shall not exceed 6 feet 6 inches in height unless authorized by a conditional use permit. 4. The two septic system sites along Co. Rd. 117 shall be protected from grading activities and shall be staked and protected in the field. _ 5. The applicant shall install a holding tank and shall comply with all the requirements of Ordinance No. 10-B. A copy of a contract with a licensed pumper shall be provided prior to issuance of the septic permit. 6. The applicant shall comply with the requirements of the Watershed District, Fish and Wildlife Service, DNR and any other legal jurisdiction as it relates to utilization of the site. 7. There shall be no alteration to the wetland area except for the planting of grass seed and periodic disking of the site. There shall be no filling, grading or other alteration unless approved by the City Council through the wetland alteration permit process. 8. The applicant shall provide proper financial security in the amount of 110% of the cost of the improvements to the site prior to December 1, 987. — 9. There shall be no light standards on the premises. Hours of operation shall be from sunrise to sunset. - 10. The applicant shall pay all fees incurred by Resource Engineering by December 1, 1987, and shall be responsible for future fees if services by Resource Engineering are determined to be necessary. On August 22, 1988, as part of the conditional use permit, an annual review of the conditions was performed by staff. Several conditions of approval had not been met. The applicant requested Council approval of the changes he had made to this site. The City Council tabled review of the Pryzmus conditional use permit until the Planning Commission could review an amendment to the Zoning Ordinance and the conditional use permit to permit the items that the applicant requested. On September 21, 1988, the Planning Commission reviewed the zoning ordinance amendment request to standards for golf driving ranges with or without miniature golf courses and an amendment to the conditional use permit for the Swings Golf Driving Range and Miniature Golf. The applicant was requesting approval for installation of light standards, installation of a sign, installation of video games and extension of hours of operation. Most of these improvements were already installed by the applicant. The proposed improvements required amendments to the approved conditional use permit and amendments to the zoning ordinance. The proposed zoning Swings IUP June 16, 1993 Page 5 ordinance amendments were to the standards for conditional use for golf driving ranges with or without miniature golf courses to permit: 1. Installation of a sign advertising the facility is permitted, however, in no case shall the sign exceed 32 square feet. 2. No more than 10 video games, including pinball machines or other mechanical, electrical or electronic machine be installed. This does not include vending machines for food or soft drinks. The Planning Commission was then asked to review amending the conditional use permit to allow the following changes to the original conditional use permit: 1. Light standards on the property shall be limited to 75 watt lights not to exceed 3 feet in height to be located in the miniature golf course area. Lighting may be located on the building for security and to illuminate the driving range tees to the west. In no case shall any lights be directed on adjacent properties or glare onto abutting road right-of-ways. 2. No more than 10 video games, including pinball machines or other mechanical, electrical or electronic machine be installed. Vending machines dispensing food and soft drinks may be installed. - 3. Hours of operation shall be from 8:00 a.m. to 11:00 p.m. 4. Installation of 22 six foot evergreen trees along TH 5 and Galpin Boulevard. After discussion of the item, the Planning Commission unanimously recommended tabling action on the zoning ordinance amendment and the conditional use permit amendment until staff came back with more information. The Planning Commission had the following comments: _ 1. The Planning Commission was fairly unanimous in requiring the applicant maintain the originally approved hours of sunrise to sunset. _ 2. The Planning Commission agreed that the applicant should be permitted some form of signage but the sign should not be illuminated. The Planning Commission also directed staff to come back with a proposal for an acceptable sign within the agricultural district. 3. The Planning Commission agreed that ten should be the limit of number of video games allowed. The Planning Commission also discussed whether or not video games should — be licensed by the city. The Planning Commission directed staff to come back with information on whether or not licensing should be required. Swings IUP June 16, 1993 Page 6 _ 4. The final item of discussion was the lighting. The Planning Commission felt that the applicant should only be permitted lighting for security purposes. With the turnover in Planning Staff, this item was not further pursued. Since this case was last reviewed by the Planning Commission and City Council, the ordinance has been amended to allow golf driving ranges with or without miniature golf courses as an interim use permit in the A2 District instead of a conditional use permit. The reason for this was that golf driving ranges with or without miniature golf courses were considered more of a temporary use which should have a set termination date. Therefore, any expansion to the site must now be considered as an interim use permit and will have a termination date established as part of the permit. In October, 1990, staff noticed grading activity taking place at the Swings Golf site on the northwest corner of Galpin Boulevard and Hwy. 5. The applicant, John Pryzmus, was creating a berm along Galpin Boulevard, clearing out an area for potential future parking/drainage area and providing a second area of driving tees for the driving range. The City required the applicant to stop work on the site and to apply for a grading permit. After working with the applicant, a grading permit was issued with the following conditions: 1. The earth berm along Galpin Boulevard (Co. Rd. 117) shall be continuous two-tier, two foot high rock retaining walls, not to exceed an accumulative height of four feet in lieu of the three foot high earth berm previously required. 2. Provide the city with a financial security in the form of a letter of credit or cash escrow in the amount of $1,000 to guarantee erosion control measures and site restoration. 3. All disturbed areas shall be seeded and disc mulched or sodded prior to November 15, 1990. 4. The grading permit fee shall be calculated according to the 1988 Uniform Building Code Table No. 70-B for grading 400 cubic yards of material. 5. Erosion control measures (hay bales) shall be maintained throughout until vegetation cover has been fully reestablished and removal is authorized by the City Engineer. 6. Any future expansion or grading activities will require another permit application and will also require an approved site and/or grading plan by the Planning Commission and City Council prior to commencement. 7. The grading activity that has occurred adjacent to the creek located on the northerly portion of the property shall be removed back to a point to be determined in the field by city staff. Swings IUP June 16, 1993 Page 7 8. As agreed, the expansion to the parking lot and driving range is not permitted without receiving an amendment to the conditional use permit to allow expansion of the existing facility. This expansion is not included in the administrative grading permit. Therefore, the driving tee and parking lot must be removed or transformed into berming purposes. 9. A building permit is required for the installation of the fence proposed around the site. The activity occurring at the site was an expansion of the conditional use permit for the golf driving range and miniature golf course. As part of the grading permit approval, the applicant was required to submit an application for an amendment to the conditions of the conditional use permit and for expansion of the site. On November 28, 1990, staff sent John Pryzmus a letter stating that the grading completed on the site was acceptable if approved as part of the amendment. A condition of the grading permit was that an application for an amendment to the conditional use permit must be submitted and approved by the city. Staff requested the applicant to submit a complete application by January 7, 1991. Attached to the letter, staff also enclosed an application form and a list of the required information for a complete application. Staff did not receive the required application by the January 7, 1991, deadline. On January 11, 1991, staff submitted another certified letter to Mr. Pryzmus again reminding him of the condition of approval of the grading permit and that the deadline of January 7th had not been met. Staff provided the applicant with a second opportunity to make an application by Tuesday, January 22, 1991. The letter further stated that if a complete application was not received by January 22nd, the city would place the conditional use permit on a future City Council agenda for consideration of revocation. As of March 20, 1991, an application had not been submitted by the applicant nor had the applicant made any effort to contact staff. Staff then scheduled this item on a City Council agenda as consideration of revocation of the conditional use permit. The problem with revoking a conditional use permit is that any of the conditions regulating the use of the site are then void and the activity then becomes a non-conforming use. The city must then either pursue discontinuing the use on the site or have the applicant go through the conditional use permit process again with new conditions to bring the site into compliance. The preferred option is for the city to initiate enforcement action against the applicant. The applicant will be criminally cited and, if found guilty, will be required to bring the site into compliance. Initiating the enforcement action will start the process immediately instead of being postponed until revocation of the conditional use permit has been processed. Therefore, staff has initiated the enforcement action through the City Attorney's Office instead of pursuing revocation of the conditional use permit. In March, 1991, the applicant submitted an application. The enforcement action is still in place should we need to use it if the applicant does not complete the application process and meet any conditions. Swings IUP June 16, 1993 Page 8 PROPOSAL The applicant is requesting an interim use permit for expansion to the Swings Golf Driving Range and Miniature Golf Course. Golf driving ranges with or without miniature golf courses used to be a conditional use permit in the A2 District and are now an interim use permit Interim use permits allow a use for a brief period of time until a permanent location is obtained, or while the permanent location is under construction, and allows a use that is presently acceptable but that with anticipated development will not be acceptable in the future. An interim use permit is permitted if the following is found: 1. Meets the standards of the conditional use permit set forth in Section 20-232 of the City Code. 2. Conforms to the zoning regulations. 3. The use is allowed as an interim use in the zoning district. 4. The date of event that will terminate the use can be identified with certainty. 5. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. 6. The user agrees to any conditions that the City Council deems appropriate for permission of use. The items for consideration as an interim use permit is the expansion to the driving range — (expanded illegally), a proposed building (not yet constructed, but the building slab has been illegally installed), parking lot expansion (expanded illegally), batting cages (proposed), the sign (installed illegally) and video games (installed illegally). INTERIM USE PERMIT FOR EXPANSION OF THE SITE The main issue with any type of expansion on the site is with the provision of bathroom facilities. The site is located outside the MUSA line and service connaot be provided at this time. Currently, the site only has a holding tank. Two septic sites were shown and approved with the conditional use permit. The applicant constructed the existing clubhouse prior to receiving City Council approval for the conditional use permit and the building was constructed without a building permit and without required bathroom facilities. The city permitted the installation of a holding tank instead of requiring hook up to a septic system. It is unclear why Swings IUP June 16, 1993 Page 9 exactly this was permitted. The City Code requires buildings to provide bathroom facilities and outside of the MUSA line they must be hooked up to a septic system. The existing holding tank and separate bathroom was allowed only as an alternate system. A condition of the holding tank was for the applicant to get a pumping contract and to submit pumping receipts to the city. The city has received the pumping contract but is no longer receiving pumping receipts. Further accentuating this problem is the applicant has graded and destroyed the approved septic sites. Since a majority of the site has been altered, it may be difficult to locate two new acceptable — septic sites. The applicant has a history of making improvements to the site without first receiving the required approval and then after the fact, requesting approval. This puts staff, the Planning Commission and the City Council in a difficult position. If the applicant had first come in for approval for the expansion, there may not have been any objection to what was being proposed and conditions making the expansion acceptable could have been enforced. Instead it is difficult to recommend approval when, once again, the applicant understood the process, ignored it and expects approval after the fact. Putting past history aside, the following is a detailed review of the interim use permit issues. Expansion to the Driving Ranee and Berming The applicant expanded the driving range with tees and sandtrap at the northeasterly corner of the site, adjacent to Galpin Boulevard and Bluff Creek. The applicant also provided a berm along Galpin Boulevard and adjacent to Galpin Boulevard in the northeast corner of the site. The activity was illegal in the terms of expanding beyond what was approved with the original conditional use permit and grading without a grading permit. The applicant did receive a grading permit, after the fact, for the berm along Galpin Boulevard. All of the other grading activity, including the berm and tee areas adjacent to Galpin Boulevard, were not part of the grading permit and have not received city approval. These activities were tied to receiving city approval with application for expansion of the site. The original conditional use permit had 94 parking spaces. Currently, there are approximately 82 parking spaces. The 94 parking spaces were shown on the original plan to accommodate a large batting cage/indoor activity building. This building was not permitted so the reduced — number of parking spaces were permitted. The expansion of the driving range will not require additional parking and can be accommodated with the existing parking. The berm areas are serving to enclose the proposed parking expansion, building and batting cages. The berms will not intensify the use of the site and if properly stabilized would be _ acceptable to staff. A detailed grading and drainage plan is required for these alterations to be approved. Swings IUP June 16, 1993 Page 10 Proposed Buildine The plans submitted by the applicant show a proposed building located in the northeast corner of the site at the corner of the two proposed berm areas. The proposed building is 1092 square feet in size which exceeds the maximum square footage of a building permitted by 292 square feet. The standards for driving ranges and miniature golf limit the size of a building on site to 800 square feet and of earth tone color. Staff therefore cannot permit the proposed building to be installed since the area exceeds what is permitted as part of a driving range and miniature golf course and would serve to intensify use of the site. A new building would have to meet building code and provide bathroom facilities hooked up to a septic system. Further expansion to the site should not be permitted until the existing property is brought up to code and that a proper septic system is installed with the addition of proper bathroom facilities and/or until the property is brought within the MUSA line and can be serviced by city sewer and water. The proposed building exceeds the permitted size of 800 square feet. Therefore, staff cannot recommend approval of the proposed building. Batting Cages On the plans submitted by the applicant, there is an area shown for batting cages. It is unclear whether a building would be provided for the batting cages of if the batting cages would just be located outdoors. Once again, the inclusion of batting cages will increase the use of the site which is not being serviced properly with bathroom facilities. Therefore, staff would have to recommend against the addition of the batting cages. Parkin 2 Area The applicant is currently creating an additional parking area. The site has been graded and is being surfaced with a gravel. Staff visited the site on May 8, 1991, and placed a stop work order to prevent the applicant from continuing work on the parking lot area. The existing parking lot area adequately serves the existing use. If the addition of the batting cages, building, additional tee area and sandtrap are not approved, then the need for additional parking area is not required. Should the expansion of the site be approved, staff would recommend that the parking area be paved with bituminous surface and curb and gutter and that detailed grading and drainage plans be provided. Video Games The applicant is requesting permission to maintain the video games located in the existing building on the site. Currently, there are 7 video games located within the building. When the Planning Commission last reviewed this item, it was discussed that up to 10 video games could be permitted within the building. This was not addressed as part of the original conditional use Swings IUP June 16, 1993 Page 11 — permit. Therefore, if the Planning Commission and City Council agree that video games could be permitted on the site, the condition allowing the video games would have to be part of the new interim use permit. Sign The last time that the Planning Commission reviewed this issue, there was discussion on whether or not the applicant should be permitted a sign at the site. It was felt that the applicant should be allowed a sign to advertise his business but that the zoning ordinance should be amended to allow signage in the Agricultural District. Since this area is in such a transitional area with the Comprehensive Plan showing it as the 1995 Study Area, staff would prefer not to amend the zoning ordinance to allow signage in the Agricultural District but instead is recommending that the sign be permitted as an amendment to the original conditional use permit. The existing sign is a 3 sided sign with each sign face 3' x 6' for a sign face total of 18 square feet. During the previous discussion, a sign of 32 square feet was going to be the maximum size of signs permitted. Since the sign would be approved specifically for this site and is accessory to the use, staff is recommending that the existing sign be permitted as part of the original conditional use _ permit and that the size of each sign face shall not exceed 18 square feet. The applicant will still be able to maintain the 3 sides to the sign. Miscellaneous The applicant is installing a chain link fence throughout the site. The fence requires a building permit. The applicant should be required to receive the permit for the fence. SUMMARY The Planning Commission and City Council have the following options to consider: 1. Recommend denial of the interim use permit and proposed existing expansion of the site and pursue, through legal action, having the site being brought back into compliance with the original conditional use permit.. 2. Recommend denial of any expansion of the site until the site is brought up to code, i.e. hook up to septic system site, meet any existing and new conditions of approval, then expansion of some sort could be considered. 3. Recommend approval of the proposed expansion, all or part, and approve the proposed changes as an interim use permit with a date established for removing the business once the MUSA line is expanded to include the site. Swings IUP June 16, 1993 _ Page 12 Should the Planning Commission and City Council recommend approval of any expansion of the site, it should be made with the condition that the whole facility must be approved as an interim use permit and that the applicant agree to the City revoking the existing conditional use permit. This combines the facility under one permit and allows the city to set a date when the use must be terminated. This would be advantageous by consolidating a confusing issue. Also, the site is located in the proposed 1995 Study Area. The result of the study area could greatly affect what uses would be compatible at this site. A termination date could be when the property is within the MUSA line and/or when the 1995 Study Area is completed. If expansion is approved, staff would recommend the following conditions: 1. The existing conditional use permit shall be revoked by the City Council and the existing and new facility will become an interim use permit. 2. The site will be brought into compliance with City Code and conditions of approval. This includes hooking up to an approved septic site. 3. A grading and drainage plan shall be submitted by the applicant and approved by staff prior to any more alterations are made to the site. 4. Any parking areas shall be paved with bituminous surface. Curb and gutter may be required by the City Engineering Department after review of the grading and drainage plans. 5. The building cannot exceed 800 square feet. RECOMMMEYDATION Staff recommends the Planning Commission adopt the following motion: 1) "The Planning Commission recommends approval of a conditional use permit to permit a 3 sided, 18 square foot sign to advertise the Swings facility. 2) The Planning Commission recommends denial of the interim use permit request for any other improvements to the site for the following reasons: a. The existing site is serviced by holding tanks and any further expansion of the site should be properly serviced by a septic system site. - b. The applicant has expanded the site without prior approval of the city. c. The site is not in compliance with approved city permits." Note: If the application is denied, staff will continue to work with the applicant to bring the site into compliance. Swings IUP June 16, 1993 Page 13 ATTACHMENTS 1. Letter from Steve Kirchman dated April 8, 1993. 2. Letter from Jo Ann Olsen dated December 9, 1992. 3. Letter from Jo Ann Olsen dated May 20, 1991. 4. Planning Commission minutes dated May 15, 1991. 5. City Council minutes dated November 16, 1987. 6. Planning Commission dated April 22, 1987. 7. Planning Commission minutes dated September 21, 1988. 8. Conditional Use Permit dated November 16, 1987. 9. Letter from DNR dated June 7, 1993. 10. Letter from Carver County Engineer dated June 9, 1993. �ia CITY OF IIANIIASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 - (612) 937-1900 • FAX (612) 937-5739 April 8, 1993 Mr. John Przymus 642 Santa Vera Dr. Chanhassen, MN 55317 Re: Illegal construction @ 7750 Arboretum Blvd. Citation #054487 Dear Mr. Przymus: Enclosed is a citation charging you with building without a permit. An interim use permit and a building permit are required for the addition to your building and the slab at the north end of the property. Contact Jo Ann Olsen from the Planning Department at 937-1900 to apply for the interim use permit. Upon approval of the interim use permit you may apply for a building permit in the Public Safety Department. Work on the addition may not continue, nor may the addition be used for any purpose until proper permits have been issued by the City. The same condition apply to the slab. Periodic inspections will be made to insure compliance. The slab and addition may remain as is until permits have been issued or until May 31, 1993 whichever comes first. Application for the interim use permit must be made immediately to insure its being placed on the agenda in time for you to meet the May 31 deadline for removal . Continuation of work on the addition and/or slab or use of either will result in further legal action. Sincerely, I � Steve A. Kirchman Building Official cc: Scott Harr, Public Safety Director Jo Ann Olsen, Senior Planner Building file - 7a0 Arboretum t0' PRINTED ON RECYCLED PAPER CITYOF . CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 December 9, 1992 Mr. John Przymus 7476 Saratoga Drive Chanhassen, MN 55317 Dear John: In the spring of 1991, the Planning Commission tabled action on your application for an interim use permit for expansion to Swings until you accomplished the following: 1. Receive a certificate of occupancy for the existing building. 2. Provide a pumping contract and copies of pumping receipts for the holding tank. 3. Apply for a fence permit. These three items have been completed. The city is requesting that you continue with the interim use permit process so that a decision can be made on the expansion that occurred with the Swings facility in 1991. As you recall, the expansion was an illegal expansion to a conditional use permit in that you did not receive permission from the city to add to the business. The city will be scheduling the interim use permit to again be reviewed by the Planning Commission on January 20, 1993. Please contact me by January 4, 1993, so we can go over the report together. Should you have any questions, please feel free to call me at 937-1900. Sincerely, ^ Jo Ann Olsen Senior Planner pc: Paul Krauss, Planning Director Dave Hempel, Sr. Engineering Technician Steve Kirchman, Building Official Elliot Knetsch, City Attorney's Office t4? PRINTED ON RECYCLED PAPER CI:10111i#11) Y CF • 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 May 20, 1991 Mr. John Pryzmus 642 Santa Vera Drive Chanhassen, MN 55317 Dear John: The following is a list of items that need to be accomplished prior to the Planning Commission reviewing your application: 1. The existing building must receive a certificate of occupancy. 2 . A pupping contract and copies of pumping receipts for the holding tank must be submitted. 3 . Apply for a fence permit. Staff needs detailed plans on the proposed parking lot, batting cages, new building, grading and drainage prior to reviewing and establishing conditions on the property expansion. I have attached a list which shows what is required on a site plan. Please follow this list for a complete application. After speaking with Barb Dacy and Ron Julkowski, we found that the holding tank was permitted after you had raised issues with the cost of the septic site and the fact that the facility is a seasonal use. It is unclear how the condition requiring connections to a septic system of the Uniform Building Code was avoided, but we have been told by Barb and Ron that the holding tank was permitted with the following conditions: 1. It was only for the existing use. 2 . A pumping contract and receipts were required. 3 . The two existing septic sites had to be preserved. Mr. John Pryzmus May 20, 1991 Page 2 Should you wish to continue with your current application -and have it reviewed by the. City Council on June 10, 1991, please let me know. Otherwise, we will bring it back before the Planning Commission once the existing site is brought into compliance and a complete application has been submitted. Should you have any questions, please feel free to contact me. Sincerely, Jo Ann Olsen Senior Planner JO:v pc: Steve Kirchman, Building Official Elliot Knetsch, City Attorney City Council Planning Commission Planning Commission Meeting May 15 , 1991 - Page 9 Batzli : Well I think , not to put words in his mouth that that 's the walk in height and then you have a peak . Is it 7 feet at the highest? At the peak? Peter Moscatelli : Yeah . I can 't imagine , it certainly wouldn 't be more than 7 1/2 or 8 feet . Very close to 7 feet . There 's a requirement on the pitch which it has to . . . I would try pretty hard to keep it within . Conrad: But it 's also dug into the hill . Peter Moscatelli : Yeah . The hill would . . .probably at least that high . Conrad: Visually I think it 's going to be . . .uncertain with some of our _ standards and I 'm making a point . Emmings: Okay . And for his benefit this will go to the City Council when? . June 10th? — Olsen: June 10th . PUBLIC HEARING: INTERIM USE PERMIT FOR THE EXPANSION OF THE DRIVING RANGE AT SWINGS GOLF RANGE ON PROPERTY ZONED A-2 AND LOCATED AT THE NORTHWEST CORNER OF HWY 5 AND GALPIN BOULEVARD , JOHN PRYZMUS . Jo Ann Olsen presented the staff report . Chairman Emmings called the — public hearing to order . Emmings : John , do you want to address us on this at all? John Fr>'zmus : Yeah . Emmings : If you could come up here please . — John Pryzmus: Just a couple things . The plan that I used when I did the alterations was a plan that you have had . It was done by a landscape — architect in 1986 so that 's with the berming and what was proposed in 1986 is what we had . And I just had never finished anything north of the parking lot so up until this point , I did all the berming from the north of the parking lot to the end and I did an additional berm to screen my equipment because the equipment is then sitting in the parking lot . And so the additional berm to the north . Now as far as the additional tee area , you know it 's not at this point , and never will be , it 's for the golf pro — and his student . I just wanted him to be away from the rest of the people and the club which is coming out so staff is protraying it as a big expansion to my operation . It 's just one person teaching another person how to golf back there . The batting cages would be all outdoors . There would be nets similar to . . . And the building there would be for the golf pro for his office and you have TV 's in there to review your video of your swing and that . Then I would have it for an additional storage for the winter . My equipment is getting pretty beat up . I can 't keep anything Planning Commission Meeting May 15 , 1991 - Page 10 running when it has to sit out in the snow banks all winter so I would , - that 's why I need , I was proposing to have another building like the one up above although the berming that I 've done with the landscaping would pretty much screen it . I don 't even know if you 'd be able to see it from the road . It 's set down in back of the berms so what I 've done so far to this point is pretty much landscaping and the dirt I moved was for the landscaping and now the site for the proposed batting cages would be , you wouldn 't have to do any more work to it so in effect while I was doing all my landscaping , I was moving dirt from strategic areas . As far as sewer , I had paid a sewer operation to come out and we had planned on having a bermed septic system and somebody somewhere , it wasn 't me , decided I - couldn 't have that and they made me put in the tanks . I didn 't know anything about the tanks . All of a sudden that 's what my option was . I didn 't have any other option . So even though I had already paid for all of _ the technical work for the sewer , somewhere I suppose being that there will be sewer and water out there , they didn 't want to have another septic system put in there for something . - Erhart : Excuse me . Who 's they? Was it the City? Join Pryzmus: The staff . City staff , yeah . It wasn 't me . Erhart : Can you respond to that? Olsen: It 's unclear exactly why the holding tanks were approved and I 'm not sure , was it Machmeier and Anderson that you worked with on the septics? — John Pryzmus: I think they came out . They were recommended by the City to come out and do the soil testing . Larry Vandeveire had set out , I hired Larry Vandeveire to set out to do the septic system . But now as far as the _ tank itself , it gets pumped whenever it gets 3/4 full . Jeff Swedlund stops by . He works closely with the people of Chanhassen so it said in the report that they never get a report . He works with the City . I don 't know who he reports to but he pumps it . He goes by every day so he checks 'it and we 've never had . I mean if 3 more people used my tank it would cost me more to pump it but it isn 't going to cause any effect on the environment or anything else . The septic company just comes and pumps it and at this - point I don 't know . When it gets 3/4 full and then he checks it and that 's maybe once every 2 weeks , 3 weeks . So I would say with my total expansion proposal , I 'm not going to have but 30-40-50 more people with the batting cage , maybe more than that in the real peak season right away in the spring but if it fills up every week I 'll just have to pay to have it pumped every week instead of every 3 weeks . So it 's not an environmental problem to have a tank . I thought once the city staff made me do it , I thought it was - a great idea . You know as long as they 're going to put in , we 're going to have the MUSA line out there someday anyway , then all we have to do is just hook up to the MUSA line and I don 't have a big septic system to deal with . But like I say , I didn 't , that wasn 't something I just dreamt up . Emmings : Just one question John . I 'm sure everybody up here would like to hear an explanation as to why we see a history like this . Why it appears Planning Commission Meeting — May 15 , 1991 - Page 11 from what we have in front of us and from our prior experience with you and with your facility , why we 've imposed conditions in the past that have not been fulfilled on the one hand. On the other hand , you 've repeatedly improved the site or made alterations to the site without getting prior approval from the City and I 'd like to know why . John Pryzmus : Well first of all , I didn 't write that story. If I 'd have — wrote the story it would have read a little different . I just explained to you when I came up here that that plan was submitted in 1986 and it went all through the process . I didn't get it all done at the time because — financially I couldn 't . Once I didn 't get the building , I didn 't get all the berming done and all the trees planted and I just worked at it when my money became available to do the whole expansion . And all of the trees and all the berming . I don 't know if you ever go by there but every year I 'm — doing more and more and it 's always to enhance the beauty of it . It 's always landscaping . I haven 't built anything . I haven 't built one more building . I haven 't built anything and I still haven 't . — Emmings: Are you putting up a fence? John Pryzmus : That was part of the original approval . I was supposed to have a fence not over 6 feet high in the Minutes of a deal a long time ago and I put the posts in 3 years ago but being that I have to go back and forth with dirt and trees and landscaping , I 've never put the fence up . I 've had the wire ever since and I just never put the fencing on but that was a part of the original approval . Emmings : Alright , thanks . Is there anybody else here from the public who wants to be heard on this application? Is there a motion to close the public hearing? Conrad moved, Batzli seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed . Ahrens: I think the site is a real good site for all the things that the applicant is trying to do here . I think it looks to me like there wasn 't a lot of capital to begin with to develop all the things he needed to develop it from so he 's tried real hard it looks to me , even though there 's been a lot of problems with the city and I 'm not sure who's to blame for those problems . But it seems to me he 's trying real hard to make it into a nice place . Even though he 's got some problems with completing a lot of these — things he 's trying to do as far as landscaping goes . I have a problem with the whole holding tank sewer issue and I don't understand. If the City approved holding tanks , why the City is now forcing him to install a septic — system . Olsen: The only reason we could figure out why they would have approved the holding tank is that the two approved septic sites had been altered . There was a lot of grading taking place out on the site where the two sites were supposed to be preserved and from what I can tell from the correspondence that those sites were lost when the applicant was grading on — the site and his only alternative then was to not be permitted what he had Planning Commission Meeting May 15 , 1991 - Page 12 or to hook up to the holding tank . It 's not clear . It 's just all of a .. sudden he was allowed to have the holding tanks . Ahrens: But they were approved . And it doesn 't seem to be causing any large problem out there . It has been pumped . Olsen: I don 't know . We don't know how often he 's pumping . We 're not getting . Ahrens: There 's no impact on the environment or anything like that? Olsen : If it 's being done properly but we don 't have , one of the conditions of the holding tank was that he do , he does have them pumped and that he does provide us with those records and we haven 't received those . Ahrens: Is there any reason why he couldn 't continue using those besides , I mean . Olsen: I 'm not sure what kind of capacity . . . Kirchman : The capacity of the tank can be whatever the size of the tank is . So there wouldn 't be a problem with continued use . Ahrens : There would or would not? Kirchman: It would not be a problem with continued use if there are no other sates available for septic . I guess our feeling is , the individual sewage treatment rules from the State of Minnesota prohibit holding tanks if septic sites are available . There were two sites available at one time and they were apparently destroyed . If the use on the site doesn 't intensify , holding tanks were approved and I would suggest we let him continue using those as long as we 're provided with a pumping contract and records of pumping as originally agreed on . However , if the use is intensified , then I would suggest that the applicant search the site to find if there are any acceptable sites for sewage treatment mounds and put in treatment sites . Ahrens : Are there any acceptable sites? Kirchman: We don't know . He 's got a lot of acreage out there . If it 's all been disturbed then there would be no sites . It has to be on undisturbed soil and he would have to get someone out there to investigate as he did before and rope the sites off and protect them from any construction activity until the septic systems are put in. John Pryzmus: I think at the time the only site that was available was the site to the north of the parking lot . That 's where the two sites were . There was going to be a hill and berm system . And at that time they were both approved and they were roped off . Then once they sit , and I don 't know why the tank became an option but once it was , then that site was not preserved anymore . There weren 't any other sites because it was all altered . Planning Commission Meeting May 15 , 1991 - Page 13 Ahrens: There are no other sites is what you 're saying? John Pryzmus: No . Everything had been scraped. . . You have to stay so far -- from the creek and you have to . . . Olsen: But those were two sites that were protected and that was very _ clearly understood that they were supposed to be preserved so . Kirchman: We don 't know when the sites were disturbed . If they were disturbed after he put his holding tanks in or before . We 're assuming that — they were disturbed before because I can't imagine why we would have forced him to have holding tanks when he had two sites that were roped off and protected . That 's the whole idea of it was to have sites available for septic so our assumption is that they were disturbed before the holding tanks went in . The reason the holding tanks were allowed was because the sites were disturbed and there were no available sites . But here again we don 't have any records to back that up . — Ahrens : What are the issues involved? I guess I really don 't understand still why the holding tanks aren 't satisfactory even if he expands the site . Kirchman: Well , holding tanks traditionally have problems in that they _ deteriorate under ground and they get cracks and they leak . Pumping has always been a problem . Getting the pumping contracts . Getting them pumped out properly and then properly disposing of the septage after they 're pumped . So that is why an individual or a septic site is the preferable — way t,r treat sewage as opposed to pumping . Ahrens: But if it 's maintained well and . — Kirchman : If it 's maintained well . Ahrens: I mean septic systems can leak too right? Kirchman : Well , if they 're designed correctly they work . Ahrens: Right . But if the holding tanks are designed correctly and they 're maintained they ' ll work too right? Kirchman: That is correct . However , another point is that State Statute says that if another site 's available , he can 't have holding tanks . So if sites aren 't available and that 's no choice , then that would be his only alternative . Krauss : If I might add too , there 's a policy question involved here . We 've just gone through a 2 year effort to get the MUSA line moved and I think you 're all familiar with that . One of the concepts with the MUSA line that the Metro Council feels strongly about , I think as a policy question we should feel strongly about . Is that areas outside the MUSA line should not be on the metro service system . That 's the whole point of it . Holding tanks get around that . Basically we 're not having on site Planning Commission Meeting May 15 , 1991 - Page 14 disposal . All that stuff is trucked to where we do have a site and dumped into our system and it 's the City that 's paying for the treatment of this stuff . I 'm sure there 's some kind of a drop charge . . .but it gets at , you know there 's a related issue that , remember several years ago Mills Fleet Farm was talking to the Metro Council about some sort of special allowance to allow them to have tankage for on site systems on the presumption that they could be developed as a rural use . Well , I mean this is sort of an oddity and we 're willing to live with this oddity as a status quo . But - there 's some policy limitations if you 're allowed to expand based on the use of the tank and it goes against the building code , it goes against Metro Council policy and it goes against what I think is good rational policy for us to adopt in the City as well . Ahrens: I don 't argue with you on that Paul . It 's just that it was approved by the city at some point and the approval may have been against - public policy at that time but there was an approval for him to use that . Olsen: But not necessarily for expansion . Ahrens : No , but the expansion here involves some batting cages , a building that 's going to contain , it 's not really going to increase the use by that much . They 're going to have a storage area for some equipment and what say' , a video? Johr. P7).2MUs : A TV screen to show your , the pro uses a video camera when he give= hi- golf lesson . . . Right now he 's using his van . He has a generator in his van until we get an acceptance . Ahrens : It just doesn 't seem like the use is going to be that intensified . I mean it 's not like the State Fair or something where you 're going to have thousands and thousands of people going through every day . - Krauss : We don 't have good numbers for this but I think it should be clear too that the applicant is desiring to have substantial increase in on site parking . Ahrens: Well that also may be a very optimistic move . Krauss : They get pretty busy . Ahrens: Yeah they do but most people go on the site for about an hour and then leave . Anyway , do you plan to have as many , I mean the area . . .is huge for the batting cages . John Pryzmus: No , mine would be about half that . You would never have - more than , well the person that comes to hit will spend about a half an hour hitting softballs and so right now I don 't have any parking problems at all . I 'm assuming that I could but with my berming and with my design and I think Dave , when I was doing the landscaping , I already predesigned to make sure the drainage goes into a holding area with rock and so it seeps out into the grass . We won 't make any- additional runoff . . . You can have . . .rraybe 10-15 more people there but we don 't get hardly any use of the Planning Commission Meeting May 15 , 1991 - Page 15 bathrooms . That 's why , and really I will have Jeff drop off the receipts of his pumping . I thought 'he was doing that . I didn 't know there was even — a problem with the septic until a couple days ago . But there is very little use of that facility at this point . People that hit golf balls come there and they 're there for about half an hour . Ahrens: Yeah , I can 't imagine . John Pryzmus: They do use it periodically but it 's not something where you — have dinner and you sit there for an hour and a half or two and drink a lot of liquids and then use the bathroom . Ahrens: No , I agree with that . That 's reasonable and I 'm going to — recommend approval of this despite the problems . However I would like to condition that on you coming into compliance in at least the landscaping areas and the berming . That was an issue? I don 't have a problem with the — building . It 's going to be the same size as the existing building . It 's not a very large building . I don 't see that the use of the bathroom facilities is going to increase that much to require a septic system , to — require that the applicant have to comply with septic system requirements . I think a holding tank , if the City wants to require conditions that he submit the receipts . Are there receipts of the pumping of the holding tank= or something or regulate the upkeep of the holding tanks , I 'd go — along with that but I think it 's sufficient for the use that 's there now and ti-at will be there when the expansion takes place . Emmings: Time out . Your recommendation is that we approve the sign and the 10 video games and otherwise deny any improvements until everything he 's been required to do in the past has been done , right? Ahrens : Correct . Emninc= : And the alternative they 're asking for Joan is , if we 're going to — aprr;v: expansion , then they want us to table it so they can develop conditions . Are you saying something different than that? • Ahrens: Their recommendation is that we approve the sign and the video games and that we deny the improvements to the site period . Emmings : Okay . Is that what you 're saying? — Olsen: Right . On page 13 at the bottom we were saying that should you recommend approval , that we would recommend tabling until we can . — Emmings: Wait a minute . We have too many conversations going here . Batzli : Take charge . Emmings: I think if we followed your recommendation we 'd be denying the expansion . The other improvements that he wants . And I take it that we 'd — consider those again once he 's done , lived up to all the conditions that have been imposed on him in the past that he has not yet? Planning Commission Me..,:ing - May 15 , 1991 - Page 16 Olsen: Right . That 's one of the options . That 's correct . Emmings: Okay . But if there 's going to be approval , you want it tabled so you can develop conditions? Olsen: Correct . Emmings: Alright . And I want to know if when you said you 'd like to see this approved , if you 're saying something different than one of those two things? Ahrens: I 'm recommending that we approve the sign. The interim use permit to permit the signage . - Emmings: Okay . And? Ahrens: And the expansion of the site . Emmings: With what conditions? That 's the problem I 'm having . We don 't have conditions . We have a few here from the staff but the staff says they don 't feel they 've developed , adequately developed conditions for an approval . Or are you just going to approve it the way he wants to do just whatever he 's proposing? Ahrens: Well there are existing , I 'm a little confused about this . There are existing conditions of approval as I understand it . Olsen: Correct for what was approved . Ahrens: . . .conditions . - Olsen: Well those were just some . Giving you a start on what we would be requiring . Like grading and drainage plans . - Ahrens: Those are just some . That 's not a complete list? Olsen: No , it 's not a complete list because we need more , to really recommend approval we need more complete plans . It 's still not real clear the parking that he 's proposing . Emmings: Well , we don 't know if he 's proposing batting cages inside or outside . If it 's inside , what the building 's going to look like . If it 's outside , is it going to be lighted . Ahrens: I thought it was outside . Olsen: We don't know that . - Emmings: Well it may be . Ahrens: He said yes . Emmings: But he hasn 't submitted a plan in enough detail for the staff to even look at it Joan I think is the problem . Planning Commission Meeting May 15 , 1991 - Page 17 Ahrens: Maybe we 're looking at this prematurely then , the whole deal? Olsen: For approval , yes . Emmings: Okay . Why don 't you think about it . Ahrens: I will Steve . How much time do I have? Emmings: 4 minutes . I 'll be back . — Batzli : By the time it gets back to her , she 'll have a lot more. . . Farmakes: The plan that I 'm looking at right now says '86 . This plan showing vegetation that 's planned or is it also showing existing vegetation? There 's a notation on the north side that says existing vegetation and it 's got a little arrow . Is that the only tree we 're — looking at that 's still standing or , I was out at the site today and there seems that there 's some vegetation that 's not on this plan . Do you intend on altering the vegetation as it stands now or where the batting cage area — is or the parking area is by there? John Pryzmus: No I basically , other than we 're doing a massive flower planting . . .geraniums this past weekend and another 600 vinca vines and — we 'll be doing a couple thousand petunias but I will be adding shurbs and trees periodically but I 'm about 95% done . I mean the berms with the evergreens and the shurbs and the willows and a lot of the trees have — stayed there . I saved them all . They 're expensive so I tried to save as many trees as I can . This spring now I planted 21 more Black Hills spruce in case someday the willow trees , you know I have to take the willow tree — down or something . I 'm trying to replace . . . Farmakes : Do you intend on cutting down many trees that are there now? John Pryzmus: No , not at all . Farmakes: So your intent then is to . . .this plan here eventually when you — have the funds to do it? John Pryzmus: Yeah . This is, I 'm done . I mean I don't have to move any , — all the dirt I moved was for the berming purposes and the planting of the trees and the flowers and making the flower beds . In other words we 're just about done with making our planters and what have you . We 've got about a . . .and flower planting is what we 're doing now . — Farmakes : In the plans that you submitted in 1986 , was there a batting cage listed in there? John Pryzmus : No . On that particular plan , where the batting cage was going to go , there was a proposal for an indoor golf and batting building . Farmakes: What would be the maximum height of that cage? Is that a tent structure with a . . . John Pryzmus: Yeah . From the berm , maybe only 5 feet above the berm . It would be , I designed it when I was building the berm pretty much contained Planning Commission MeL ._ing - May 15 , 1991 - Page 18 within my area . That 's the tree planting , what have you . I would hope that you could . . .as far as seeing additional building going on now . . .what I 'm proposing now . The new building I 'm proposing is set inbetween two berms and you won 't see it from the road . The batting cages will be , you ' ll be standing where you won 't be able to be seen from the road . The machine will be pitching up from down . You know the balls will run down . I don 't know if you 've ever been to a batting cage . Farmakes : Yes . John Pryzmus: Some of them the ball comes rolling back down this way and — then it goes on an elevator . These would go down . You know I think they made a note that there was some washing . Well my berms all the grass has started to come down . I 've sodded around into there . . .but I didn 't do - anything with that area that would be . . .I think I 'm going to put blacktop and then carpet instead of like . . .has concrete . - Farmakes: Do you have any architectural things that you 've submitted? Does the staff have anything as to the height of this cage or whether or not it would be seen or would be screened? Olsen : We haven 't received anything . Farmakes: So it wasn 't submitted in '86 and it 's not submitted now? John Pryzmus : I said what was submitted in '86 was what I 've done so far . The berming and planting and that . On the plan in '86 there was an area right where I put one of the teaching holes . Farmakes : So it wasn 't your intent to build these batting cages or whatever until you submitted the proper? John Pryzmus: Right . Until I get the plans . What I 'm saying is , I didn 't do anything basically that was illegal like it makes it sound like I was - doing all kinds of things illegal . I was planning on coming and getting a permit for the batting cages once I can financially do it . I won 't be able to financially do it this year but I am getting , I 'm basically getting _ pressure from the city saying I 'm expanding without permission so now I 'm going to get a permit hopefully and I 'll maybe for next year . . . Farmakes: Well , I have some concerns . One is the maintenance on the - holding tank . The other one is I 'm a little , this is sort of the second time around and there seems to be a bit of an attitude problem on some of this stuff for development and it seems naive to me to think that if you 've got approval on plans in 1986 or 1987 that you believe that construction is alright to begin in 1991 . Times change . Ordinances change and I don 't think it enhances that attitude or a working relationship with the city to _ get into this sort of thing . I hope that 's changed or that that attitude will change . I like the facility . I 've used it with my children and I agree . It seems that the landscaping and so on , they 're making an effort to improve it and make the place look nice and I hope that that continues . — And I hope that the relationship that you have with the City staff , maybe it will improve . Maybe it 's a matter of circumstances . I hope that 's the case . I guess I would approve this with conditions and I believe also that one of those conditions should be that we should hold that until he Planning Commission Me, _ing May 15 , 1991 - Page 19 conforms to some of the points that city staff has listed on here . That 's the extent of my comments . Batzli : A year and a half ago I started out by saying I have a real tough time being objective on this application . It seems like he does something and then we find out and he says , oh by the way can I have that . That 's — kind of irritating . I 'm starting to sound like a broken record I guess but I guess I 'd like to see follow through on both sides . If we have conditions and if we have these things , you know both sides I think have to show a little bit more commitment to following through on these things that we agree on and I 'm not convinced yet that if we come up with conditions that we 're going to get anywhere with them . So I don 't know exactly what kind of conditions we 're supposed to put in here . If that means he — complies with them 5 years down the road , does that mean he complies with them right away? I like the facility . I 've used it . I think it 's actually an asset but the cavalier attitude about doing things and then — coming in after the fact is irritating . I still try to look at this objectively but that 's tough to get over . That part of it . I think that given the fact that we imposed the holding tank on him as a condition and _ he 's made the investment in that , if in fact he can get the contract in here and demonstrate that it 's pumped regularly and what have you , I don't see why we would make him go to a drainfield kind of thing . I 'd like to see this tabled . I 'd like to see the staff work with him . See if we can — work with him and come up with something and a time table for doing these things . If we 're just going to put conditions on here that says he 's going to do something and not put a time table where if he doesn 't have it done , — then what 's the point? That 's all I have . Ellcon: I would recommend denial of the expansion until he brings it up . I don 't know that I would be heavy duty on the septic system though if we 've — already said it 's okay to have a holding tank . But I think that if some of the other things haven 't already been met like he needs a certificate of occupancy , let 's get it all cleaned up . Since the batting cage is probably — a next year apparatus and things later , I 'd rather not see myself approving all that until the rest is cleaned and totally agreed upon between the two and then move forward with the next request . Conrad: When the holding tank was put in , do we inspect that? Steve Kirchman : We inspected the installation . The only inspection is , — it 's a manufactured tank . We just take a look at the installation to make sure that it was properly installed . Conrad: So can you have different conditions of holding tanks? Can it be used or do they have to be new when they go in? What are the standards? I don 't know what we 're talking about . Is this a metal? Is this synthetic? What is the holding tank? Steve Kirchman: It 's a concrete , basically a septic tank is what it is . It 's concrete and it comes in different sizes . It 's got to be water tight . — It 's got to have a manhole cover and two clean outs on each end . Conrad: And how do we know that it was when it went in? Steve Kirchman: It was inspected when it went in . Planning Commission Meeting May 15 , 1991 - Page 20 Conrad: So we know that it was good. When it went in , it was a state of the art holding tank? Steve Kirchman: That 's correct . Conrad: Okay . There are some things that I think just have to be brought up to standards before I even consider anything here . And John , I think we like the facility out there . I think people are using it . I just really want to see the few things . The things that have not been done . I don't want to consider anything , sign , video , anything until I can see what I perceive to be some simple things just done . Some things that haven 't been approved . The flood light issue is still there and my understanding is they weren 't approved except for security and apparently maybe not on but they 're there and pointed in the wrong direction or something . I 'm not sure about the fence . The fence was not approved in the beginning? Olsen: On the exterior , yes . There 's now fence on the interior and now - the ordinance requires you to get a permit for fencing . Conrad: So it was , say it again Jo Ann? Olsen: There was fencing shown on the first approved plan along Galpin and TH 5 . That 's where there 's posts and now there 's some internal fencing also . Again , they just need to get the permit . It 's real simple . Make - sure the height is the right height . Conrad: You know , that seems like a simple thing to do . The permit for the fence . I think the building has to receive the Certificate of Occupancy . There 's just some simple things but until they 're done , I really don 't wart to see anything . I just want to get rid of this and it has to be done right before we take a look at any sort of expansion . And I - think these are real simple things . They 're not difficult but I 'm not budging on that until they 're done . - Erhart : Let me try to get clear in my mind . What is the problem? What do you think they 've done? What do you think they haven 't done and what do you think they have done? What 's not conforming today in your mind Jo Ann? Okay , I aot one . You think there 's flood lights? Olsen: Right . There are flood lights out there for lighting after hours . The hours were set at sunrise to sunset . So that 's one issue that we - haven 't . Erhart: How many flood lights are out there? Olsen: How many? Erhart: Yeah . Olsen: There are about , I noticed about 2 or 3 along TH 5 on the telephone poles or whatever and they were on the building . Saw it on at least 2 sides . 3 sides? 2 sides? Erhart : And who are you? Planning Commission Meeting May 15 , 1991 - Page 21 Steve Kirchman: Steve Kirchman. I 'm a building inspector . Erhart: Alright . I don 't know , did you introduce yourself or did I miss _ that? • Olsen: I kind of introduced him . Ellson: Jo Ann introduced him while you were sleeping . Erhart: While I was sleeping? Okay . John, what are the flood lights _ for? Are you using them? What are you using them for? John Pryzmus: Yeah , we use them for up lighting on all the shurbs is what the original approval was on it . Erhart: To do what? Up lighting? John Pryzmus: Yeah . You know they 're only like this high off the ground and to shine on all the paths . Erhart : For what? People to get around after dark? John Pryzmus : Yeah . Erhart : So you are , you 're using the facility as a business after dark? John Pryzmus : The miniature golf has been open yes , after the sun went — down . Erhart : And that 's not permitted . Olsen: Not permitted . Erhart : Okay , so in fact you are using it after dark and that wasn 't permitted . Okay . What else? You 're saying you have some internal fences? Olsen: He just needs a fence permit for that . _ Erhart: If Bluff Creek Golf Course came in and wanted to put up a fence between their club house and the first tee , would they just do it or would they come in? Ellson: If you wanted one you 'd have to come in . Olsen: I can 't tell you what they would do . They would be required to get a permit . Erhart : Is there any limit to how short the fence can be? Let 's say they wanted to put up cedar rails or something . Olsen: It 's still a fence . You know we don't have a limit on how low it — can go but how high it can go . The video games is another thing which . Erhart : Hang on . Let me get this clear in my mind . So you think there 's — some internal fencing going on not shown . Planning Commission Me._,ing - May 15 , 1991 - Page 22 Olsen: I know there is . Erhart : On a golf course you can 't move fences without a different site plan? Olsen: Yeah , if it 's different from the site plan. The only fences are agricultural . Steve Kirchman: The only issue here is he has to come in and get the permit . Nobody 's objecting to his fence but he does need a permit for his perimeter fence . He just has to come and get a permit . Erhart : Okay . What else then? You said there 's some grading going on? - Emmings: He got a permit for that didn 't he? Olsen: He got a grading permit for some of the grading . Correct Dave? But some of it still was going to be part of this whole permit because it included some of the tees . The parking lot . Grading for where the batting cage is and the drainage . We don 't have any plans on that . We don 't have the detailed grading . Erhart : How many cubic feet are being graded? - Olsen : We wouldn 't know . We need to know that . Erhart : what does the ordinance read? Olsen: It 's 50 cubic yards . Erhart : Is it more than that or less than that? Hempel : Definitely more than that . - Emmings: He needs a certificate of occupancy is another one Tim . Erhart : Yeah , I 'm getting to that . Before we get to that one , any other ones? Conrad: He needs to supply us with a schedule of the pumping of the septic tank . Erhart: I 'm waiting for that one for last . Olsen: The video games . It 's the hours of operation . Erhart : Yeah , I got that one . Olsen: He is currently putting in the parking lot . It looks that way . Erhart : Was that on the '86 plan? There 's so much stuff here . Okay , let 's go back to the septic system . If you look at the conditions on page 3 there . Condition 4 is that two septic sites be protected from grading . In condition 5 it says the applicant shall install a holding tank . Why would we have done that? Planning Commission Meeting May 15 , 1991 - Page 23 Olsen: Where are you? Erhart : Your page 3 of the report . On the bottom there . 4 says two septic system sites shall be protected from grading activities . Then you go on with item 5 , the applicant shall install a holding tank . — Olsen: Shall comply with ordinance 10B . That 's where it , I remember that there was conversations between the applicant and I believe Don and Barb . Do you remember? — John Pryzmus: I don 't remember why it was changed from septic . Erhart: This was part of the conditional use . These were the conditions to the conditional use permit right? Olsen: I believe that it was one of the issues was cost of installing . My — recollection was that the applicant wanted the holding tank . I remember that there was a meeting in Don Ashworth 's office I believe with Barb . Erhart : Before it went to Council . Alright , so let 's not try to do that . Let 's go back to Steve . Your letter then . Essentially is it clear to everybody that we gave him , per your letter here , essentially approved a holding tank? Steve Kirchman: A permit was issued for the holding tank and the installation was inspected and approved . — Erhart : Okay . Then you go on to say , I strongly urge that no further development be permitted on the property until existing violations are corrected . This would include installation of an approved septic system . Does that contradict what? Steve Kirchman: Well , State Code requires that if you 've got sites — available , that you have to have a septic system . Erhart : I understand but . — Steve Kirchman: If the possibility exists that there are no available sites . So if there are no available sites , then he has to continue with that holding tank . Erhart : I understand but I guess what I 'm saying is , I think there 's a tremendous insensitivity here . This memo drives a lot of what 's going on — here . Steve Kirchman: I realize that . — Erhart : Okay . On the one hand it says that we 've told John and gave him a permit to put in this holding tank and then a few inches down the paper here you 're saying don 't do anything here until this comes into conformity — essentially . Steve Kirchman: As I said earlier , I 'm assuming the reason that we let him put in a holding tank was that the original septic sites were disturbed . That 's just an assumption on my part . I don 't know why anyone would let Punning Commission Mecing _. May 15 , 1991 - Page 24 him put in holding tanks . Erhart: I don 't think that 's the point . The point is if you 've given him approval , then you 've given him approval . I don 't think we can go back - then and said gee whiz , you can 't do anything because . Olsen: But that is , you know the whole driving force behind this report . That 's one of the reasons . It 's also that there 's additional . Erhart : Well that seems to be the only major one of all these . I guess establishing whether they can continue using the , whether he can expand using the holding tank or not . I guess my recommendation I think is pretty much along with everybody elses . I guess overall I think the facility is fine and useful to people here and John has made his way of trying to make - things work . On the other hand I think sometimes , I think we have to be a little more sensitive to these styles of businesses . Not everybody is able to put in a plan , able to work in a normal , timely fashion. And if we _ preclude that process , I think we preclude a lot of creativity . On the other hand it appears to me like John seems to be alittle more organized today than I think when he started in 1986 and so I think we 're both learning on how to get along a little bit better here . Both John and the - city . The issue on the septic system , I realize that the Code says you can 't , we 're not supposed to go in disturbed areas but that 's , practicality is that you can make systems work in disturbed areas . Steve Kirchman: I disagree . If the area 's been disturbed , then it just destroys the properties of the soils of accepting effluent . The effluent may not show but it also won't get treated . Emmings : Can you do it in a mound? - Erhart : Essentially when you go and do a septic system you do disturb the soil . And certainly in a mound . Steve Kirchmen: No , you don't . Erhart : You just lay it on top? Steve Kirchmen: You lay it on top and you have to use track machinery and you 're not allowed to drive a truck over the surface where the mound is to go . Erhart: Well anyway , I think obviously the tank is working and I don't see that this is , it appears that it can work . Steve , I think you 're saying _ that it can work properly if properly maintained . On the other hand , I would prefer to see a septic system . On the other hand , when do you expect the sewer line to be put through here? Krauss: Well we 're looking at serving the area behind , across the street from this site hopefully next Friday . Theoretically , but this area is not included in the MUSA line expansion . This area is the study area so there would be no service to this property in the foreseeable future . Erhart : So that 's what you , the other thing is I think it 'd be to their advantage to get this as an interim use permit so I 'd agree with your Planning Commission Meeting May 15 , 1991 - Page 25 recommendation to try to , anyway try to get it to that so we can tie some _ kind of date on this . So I guess I 'd go along with staff 's recommendation in terms of approving with the video games and trying to get interim use permit and try to come back with , table it and come back . I guess I 'd like to see him clear up , maybe Steve or someone to try to clear up a uniform recommendation on whether this holding site or septic system or something so it 's a little clearer at the next meeting . And then have conditions . Olsen : Yeah , we ' ll confirm the capacity and things like that . Erhart : That 's finally it . Emmings: Okay . I 'm going to adopt Brian 's comments and Ladd 's comments just to shorten things down . I 'm not going to , I don 't care too much about the sign or video games . Whether we do something with that but he has to do , in my mind , he has to do what he said he would do in the past or fulfill the conditions that were imposed on prior approvals before I 'm willing to look at any expansion . And that 's primarily because although I 'm sure that John has his own version of how things have evolved out there , all I 've seen here over the years is John filling in the wetland . Being told to stop . Coming in and asking for a permit . Being denied . And now he 's doing something else and he 's being told to stop and he 's coming in again for a permit after the fact . I think he 's had enough interaction with the City to know that he should come here first and he hasn 't been willing to do that so I 'm not willing to look at an expansion until he gets — everything up to snuff . If it was one time I could understand it but it hasn 't been one time . This is at least the third time that I can recall sitting here and looking at this and maybe it 's the fourth . So that 's where I stand . Is there a motion? Conrad : Yes . I move that we table action until the applicant brings the , satisfies the staff 's concerns about the previous conditional use permit . Batzli : Second . Emmings: Is there any discussion? - Conrad moved , Batzli seconded to table the Interim Use Permit for Swings Golf until the conditions of the Conditional Use Permit are satisfied . All voted in favor except Ahrens and Erhart who opposed and the motion carried with a vote of 5 to 2. Emmings : Do you want to put the reasons on the record? Ahrens: Well I 've been thinking about this and I can go along with the staff recommendation on this for approval of the Interim Use Permit for denial of expansion of the site . Erhart : What was your second one? Ahrens : Basically the staff 's recommendation . Denial of the expansion but that the staff continue to work with them to bring the site into compliance . Planning Commission Meeting May 15 , 1991 - Page 26 Erhart : Okay and I think that was what I was thinking . That 's what I was voting for denial . So if that 's what it is , that was mine . Conrad: Now with my motion , I just want to make sure that the tank , the holding tank . It is permitted so we 're not asking staff at this time to figure out how to do a drainfield . We 're not asking John to do that . We are bringing it into conformance with the previous conditional use permit and what the city has granted John to do . Emmings: And you 're not in any way discouraging them from continuing to work together to bring it up to snuff and then look at a proposal when they 've got one . Conrad: That 's all I want . I just don 't see there are a. lot of things that you have to do John . I just do want , I want to force you and the staff doing things together the right way . We 're not trying to be the bad guys . I want to do it the right way so we can review this without having some history and some negatives out there . Then we can take a look at the real issues . Emmings : Right . I think we ought to at this point take a quick break for a North Stars update . PUBLIC HEARING: ZONING ORDINANCE AMENDMENT TO AMEND THE CITY CODE TO CREATE A BLUFF LINE PRESERVATION SECTION . Emmings: I understand that you 're recommending that we table this matter so that we can notify affected property owners and then hold a public hearing and complete the official map . What should we do on this tonight? I think that 's obviously the thing to do . Olsen: Look at the map . Krauss: We 'd like you to look at the preliminary draft of the official map we had . We 'd also like to discuss some standards with you that are in the ordinance . In fact Jo Ann and I had a long conversation . After coming back from the bluff hike , Bluff Creek hike , my personal opinion is that some of the standards that the DNR recommended aren 't adequate to protect what we want to protect over there . One of the other things we wanted to do , first of all what we 're proposing is an ordinance based on an official map rather than a we know it when we see it approach and so to designate where this thing is . You should know though that when you see this map you ' ll see it . It really does interfere indirect with a lot of properties up there and a lot of property owners may fell disinfranchised by it and I think that the environmental benefits of this have to be so , in addition we have to have some mechansim wherein existing situations are grandfathered . Not made non-conforming but grandfathered so we accept the status quo . Ellson: That couldn 't expand? Would that be grandfathered? Krauss: Well no . I think we 'd like to work out some language where they could if there wasn 't prejudice against them because they happened to build earlier . The other thing that we 'd like to do too for the public is , Dave City Council Meet — November 16, 1987 be willing to support a situation in which he would grant the city an easement. If the City wants to build a trail on both sides of CR 17, I think we should be willing to pay for it but I'd like to have that option available to us. I think that saves Mr. Patton's feeling that it's costing the development money because you're simply giving us an easement and yet it protects the ability of the City to come back and build a trail later. Councilman Johnson: I thought that was what the Park and Rec was asking for anyway. Councilman Boyt: What we agreed to the other evening was that Mr. Patton would build the trail on both sides of CR 17 and I think Park and Rec said that if he chose not to build it, there would be a reduction in the trails fees. I think since then we have increase the amount of trails we've asked Mr. Patton to build in this development and quite possibly it's reasonable to ask for an easement. Councilman Boyt moved, Councilman Horn seconded that the applicant provide an easement on one side of County Road 17 for the future development of a trail, to be built by the City, if a trail on both sides of County Road 17 is deemed necessary. All voted in favor and motion carried. REVIE4v SWINGS RECREATION PROJECT, JOHN PRYZMUS, APPLICANT: 4 A. ZONING ORDINANCE AMENDMENT TO INCLUDE GOLF DRIVING RANGES AS A CONDITIONAL USE AND MINIATURE GOLF COURSE AS AN ACCESSORY USE, 2ND AND FINAL READING. — — — B. APPROVAL CONDITIONAL USE PERMIT DOCUMENT. Barbara Dacy: I do need a clarification on one of the proposed conditions of the conditional use permit but as to the zoning ordinance amendment, the Council needs to act on the 2nd and final reading on the zoning ordinance amendment to allow golf driving ranges as a conditional use with or without miniature golf as an accessory use. The five conditions that the Council put in their motion from May 4, 1987. The Council approved the conditional use permit and also acted to deny the wetland alteration permit so the Council needs to authorize execution of the conditional use permit which staff has prepared in Attachment #2. If I could review briefly one of the conditions. On the graphic here the big blob, if you will, is the wetland area in the northwest corner of the site. The orange area is where the miniature golf course is going to be located. The gray area is where the parking area is proposed to be then there was a small clubhouse building located here. This colored scare is the proposed batting building at that time. building was not approved as part of the conditional use The battinghi over here represents the septic system sites adjacent to Galpin and this . area site plan shown here was submitted in conjunction with the landscaping and that landscaping plan is proposed to be the installation of a numerllan of deciduous trees and also proposed construction of berm areas which are represented in green. The applicant also proposed nciaround the perimeter of the site as well as a fence around the maxi putt and mini putte 19 • 04( City Council Meeting - November 16, 1987 area. So the conditional use permit has been designed to follow up on the elements that was represented by the applicant on his site plan and landscaping plan. In number 1 the first permit requires submission of a revised grading plan showing the limits of grading, methods of erosion control and indicating the revised location of the parking lot and clubhouse. As you recall, the applicant had originally intended in altering the wetland area and creating a pond back here and to lower the elevation of the hill over in this area for the construction of a batting building. Since the wetland alteration permit was denied and since the batting building was not included in the approval, the applicant has changed his plans so that we would like to reduce • the size of the hill in this area and second of all, if you will recall, Carver County had a condition that the setback area for the parking lot and the clubhouse building be measured from 100 feet from the center line of Galpin Blvd.. I apologize to the applicant also and to the Council, but the way that first condition should read is with the 50 foot structure setback in the A-2 district, the first condition should read, indicating the revised location of the parking lot and clubhouse 150 feet from the center line of CR 117. That would take into accomodation the additional right-of-way needed for CR 117 as well as the 50 foot setback. I think that was discussed all along. I made an error in the footage from the center line of Galpin Blvd.. The size of the parking lot was primarily based on the use of the batting building. • Provided on the plan here is construction of 92 spaces. The batting building is not being included, there is no reason to have that size of a parking lot so what the first condition is saying is that the plan should show the revised location of the parking lot and I'd like to add the revised size and location of the parking lot and clubhouse so that the applicant is proposing to reduce this in size, that's fine. Finally, the plan indicated that the parking area - was to be bituminous and again I apologize, that should have been specified in the first condition there. Also, the ordinance does require that all parking areas should be lined by concrete curb also so the Council may want to discuss that in more detail tonight but in order to match our ordinance, a sentence should be added that the parking shall be paved and lined with concrete curb. The second condition was commented on the previous staff report back in May that in order to be consistent with our landscaping ordinance, 6 foot evergreens and 2 foot evergreens should be placed between the parking areas and Galpin Blvd.. The proposed fencing of the site, the applicant indicated to me that it would be approximately 5 feet and it should not exceed our 6 feet in conformance with our ordinance. Number 4 and 5 really go together. As you recall, the bathrooms were to be located in the batting building area. The applicant has found a better location for mound systems over in this area. If the batting building is no longer there, the bathrooms are to be placed in the clubhouse, the applicant's has a couple of options. He can either pump the effluent to a septic system site to the north, install a holding tank or install temporary Satellites on the property so what staff is recommending that if the septic system sites are not to be used, then we recommend installation of a holding tank rather than installation of Satellites. In any case however, we want to insure that septic system sites are protected out in the field and are not altered in case they are removed or needed by the applicant. If the applicant is to install a holding tank, then the copy of the contract with a licensed pumper should be provided. Six, the applicant shall comply with all the requirements of the Watershed District, Fish and [:: Wildlife and DNR. Because the applicant will be submitting a revised grading 20 247 City Council Meeting - November 16, 1987 plan, the Watershed District approval will be necessary in that case. The applicant will have to receive their authorization. Now, as to the wetland alteration permit, Council action again was to deny that on May 4, 1987. The applicant is proposing to plant grass seed in this area on a regular basis in order to pick up the balls from the tee area. Because this area has been farmed in the past on a consistent basis, staff did not feel that planting grass seed periodically would be adverse to the wetland areas. We prepared a permit to allow seeding of the site. If that is not consistent with what the Council feels was their action on May 4, 1987, then that needs to be corrected. Number 8, to insure completion of the grading improvements and the parking lot improvements and so on, we ask that the applicant submit a letter of credit in the amount of 110%. The Council discussed at the last meeting and made a condition the zoning ordinance amendment to include the use that the hours of operation would be from sunrise to sunset and therefore there would be no lighting unless that was a specific condition of approval. Finally, there is an outstanding bill incurred by Mr. Machmeier and Mr. Anderson. We're requiring that be paid and if an additional review would be necessary for the mound septic system sites beyond our current staff, that would be necessary that a condition that those fees would be paid by the applicant also and that is consistent with all of our applicants for any of our subdivision or any type of applicant in the rural area. Mayor Hamilton: I can think of one question offhand. You said we wanted to have curb in there. I guess I don't recall that in the rural area for any type of a use like this and I guess the only one I can think of that would be fairly similar would be the mini-storage area. I don't believe that we required curb and gutter in that area. Barbara Dacy: For Mr. Brown's there was I believe the main access drives, ingress and egress points to the development. Mayor Hamilton: Right but not the whole, what you would consider the parking area. Barbara Dacy: Right. Tonight I was indicating that the curbing and the paving and the bituminous issue was not even discussed at the May 4th meeting. I was merely pointing out that our ordinance requires it. That paved be lined with concrete curb so you're consistent with the ordinance. Mayor Hamilton: Okay and I was just questioning that wondering if that's consistent with what we do in the rural area. If that's what our ordinance says, I guess that surprises me. Barbara Dacy: Staff has been consistent in recommending that that be installed. Mayor Hamilton: I'm sure you have but my question is still the same. Is it the ordinance that it would be installed in the rural areas? Barbara Dacy: Your question, have you approved it in the past? 21 2415 City Council Meeting - November 16, 1987 Mayor Hamilton: No, does it say that in the ordinance? That rural areas put in parking for whatever use you're going to use, you have to have curb and gutter. Barbara Dacy: The ordinance does not specify if it's urban or rural. It says if you have a parking area, it has to be paved and you have to have concrete curb. Mayor Hamilton: Alright, so that's something that the Council could decide whether or not we want to have that right? Staff is recommending that the applicant do put that in. I'm also curious about the wetland now. The drawing that you were showing us there and the portion in green is supposedly the wetland. Who's definition of the wetland is that? Barbara Dacy: We asked the applicant at that time, what we use as the definition of edge of the wetland is where the reed grass vegetation starts and stops. That was one factor because the reed grass was predominant in this area. The other reference that we used was the official Chanhassen wetlands map that was on file. This part of the area does reflect on the contour that's located on the wetlands map. Mayor Hamilton: What class wetland was that? Barbara Dacy: It was a Type II, Class B. Mayor Hamilton: Is that the lowest grade you can get? Barbara Dacy: There's Type I which is the lowest. Mayor Hamilton: So it's next to the lowest and that area had been farmed for years if I remember correctly. I still, in being consistent with what I've said in the past, I don't believe that's a wetland and I would like to see some evidence if it is. I think the applicant ought to be allowed use in that area. It may have been a wetland at one time and John filled it. Right or wrong it's something that's been done. I think that he's said that at that far north end of that there is a pond or he would construct a pond that could be used as a wetland or as a retention area for runoff to go into the creek. I would prefer to see that done since he's filled the area already, allow him to use it. I guess I have stated that previously and I still feel the same way. I think anybody would have a hard time going out there and I don't care if it's Mrs. Rockwell or our staff and proving that that is in fact a wetland. I don't think there's any evidence out there. Do council members have any questions of the staff? Councilman Horn: one of the things that we requested when we reviewed this last time was to get a general policy on allowing this type of use from the Planning Commission. I didn't see any record that they had given us a guideline on this issue. Barbara Dacy: As I interpretted the Minutes after reviewing them, that topic was discussed but then I believe it was Councilman Geving saying you have to decide on a particular issue at hand tonight and that two motions occurred. 22 249 City Council Meeting - November 16, 1987 So that item has not been brought back to the Planning Commission for review given Council's action. Councilman Horn: If you read further in the Minutes it said that, yes we had to act on this issue this evening but part of our problem with acting that evening was that we didn't have the guideline and what we said is, that we should go back and get a guideline as to what type of uses we should allow and where we should allow them and what kind of criteria we should put on those kinds of uses. Specifically the issue of the batting area had come up and that is not addressed anywhere. We also described the fact that if you read our ordinance it doesn't allow a golf course anyplace in the City without a conditional use permit. That was another one of the issues that we wanted to address and brought back to us for us to act on. Now we come back to this issue again and we don't have any further recommendations or any further guidance on this thing and it seems like we've lost a lot of time where we could have been making a policy on that so once again instead of proactive, we're retroactive. Barbara Dacy: I guess I disagree because the five conditions that the Council eventually approved were the specific recommendations of the Planning Commission and they made a specific statement saying that the batting building of the commercial recreational uses was not appropriate in the rural area. But they did distinguish between driving ranges and miniature golf courses. They declined to act on the golf course issue because that was not brought up to them at that point although I recall that the Planning Commission did say that they would all agree that a golf course should be allowed in the rural area. Basically what the Council has approved was the Planning Commission recommendation. Councilman Horn: That's true but what we also asked for was that the issue of golf courses in general be addressed in terms of our overall ordinance and I don't believe it has. Barbara Dacy: Yes, they have not addressed that but I guess I still don't understand how that issue would relate to Mr. Pryzmus' application because I don't think the driving range and miniature golf course is clearly a distinct use than a golf course. Councilman Horn: What you're telling us is that there is no anomaly to the ordinance to date. That this is a very clear cut issue from our ordinance. Barbara Dacy: The Council acted to approve the Planning Commission recommendation for the golf driving ranges and miniature golf courses. They did not address a golf course issue at all. Councilman Horn: I understand that. Based on the current ordinance? Barbara Dacy: Right. Councilman Johnson: As I said in May, I think we should allow at least the seeding in that area to make the area useful. I do not think we should make major grading changes to that area. It still, with the proper seeding, will 23 250 City Council Meeting - November 16, 1987 — function as a nutrient drain the wetland area. This is another example of how the TH 5 corridor there needs to be looked at. We are in that process, I guess looking at the entire downtown to TH 41 as part of our comprehensive plan. John Pryzmus: As far as if I can have it, whatever you decide as far as the curbing we can go ahead and do that but what I worked with staff is after the 11 inches of rain, I went down there and mowed that area a week and a half later and there wasn't even any water there so I'm not worried about filling in the wet area at all. One thing that I would like to propose is the batting cage or our proposal there was a batting building. It was consistent with my financing and that project was...to make it financially feasible. I needed the batting cage or the indoor golf and batting. As far as the density of the area coincides with miniature golf and driving range. Also, when people are using that, they won't really go off the site so if I could reconsider to add that building as a utility building, that would be the only thing. Other than that, I won't be doing anything in the low land at all other than seeding it. As far as the grading permit, that goes along with the miniature golf now and we won't put any fill in the low area, we'll just knock down the one hill and just push it to the back. There will be a very minimum amount of grading on the site. So if you would reconsider allowing having a utility building to make it financially feasible. .. Mayor Hamilton: That's an entirely separate issue. I guess if you want that — to be reconsidered, you'll have to bring it back at another time. Do you have any problems with the conditions 1 through 10 that were outlined by the conditional use permit? Were those conditions acceptable to you? John Pryzmus: The curbing and? Mayor Hamilton: There are 10 conditions. Have you had a chance to review then? John Prymmus: I didn't. Councilman Boyt: Did you fill in the wetland? John Pryzmus: Yes, I filled in part of it. Councilman Boyt: Did you have a permit to do that? John Pryzmus: There isn't any wetland on the property. I have a letter from the DNR stating that it's not a protected wetland. Councilman Boyt: Well the City considers it a wetlands and you filled it in without a permit, is that correct? I just want to get a clear status on how we lost the wetland. My understanding is we lost the wetland because you filled it in. Mayor Hamilton: That's correct. 24 251 City Council Meeting - November 16, 1987 Councilman Boyt: What you're basically asking to do with the wetlands and what the City proposes is a wetland, is to seed it, mow it, treat it like any other piece of ground. I would like to ask the staff, is this going to impede it's ability to do what it's doing now? Barbara Dacy: When Dr. Rockwell visited the site last spring, she commented that the area is really not acting as a good place for habitat which is one of the criteria for a wetland. It's main function was serving as an area for recharge and a storm water retention area before it gets to a creek along the north side of the property. Staff felt that because there was going to be no additional fill or alteration of the property, that it would continue to be maintained the way it was in the last several years, that we felt that the seeding would not affect that function at all. Councilman Boyt: Now I heard something about an offer to build a pond on the property as a holding pond. I think that's a reasonable offer and we should take you up on that. Barbara Dacy: That was part of the original wetland alteration permit request that was denied by the Council so if you're proposing to do that, he would have to reapply for that. Councilman Boyt: How are you proposing and how would you like to alter that wetland any differently than what you propose to do now? John Pryzmus: You means as far as building a pond? Councilman Boyt: No, as far as the particular wetland. Is that where you are proposing to build your pond? John Pryznus: Yes it would be down at the end of the road area. Councilman Boyt: Alright, so what other kinds of changes were you proposing to make in the wetland? John Pryzmus: All I want to do is just like I have there on the sewer. Councilman Boyt: Do we have any difficulty with him improving the wetland? We ocean to have set a precedent indicating agreement to do that before. Well Jay, maybe when it gets to be your turn you can comment on that. Then the other situation I have is on the parking lot. As I read the ordinance, it's a little different than staff is interpretting it. It says on page 1247, in multiple family, business, office and industrial districts. We're not in any of those so it does state that a person needs to have some sort of dust free, all weather surface and concrete curbing. It's real specific as to where in the city we can require that. I believe this is an agricultural district? Mayor Hamilton: It's A-2. Councilman Boyt: I think given the surface area, it probaby makes sense to Lput a concrete curb around this but I don't think the city ordinance requires it. I think it's kind of comrnen sense if you're going to put a hard surface 25 v City Council Meeting - November 16, 1987 on that much ground to have some means of controlling the runoff from that. So to kind of summarize where I'm at right now, on the wetland, if you're going to improve it, I can certainly be convinced that grading and seeding is appropriate since it doesn't seem to interfere with what it's doing now. On the curbing, I'm okay with going on the curbing whichever way you want because our ordinance doesn't require it as I read it. However, I would certainly look favorably upon putting concrete curbing around your parking area. My biggest concern is that we're sitting in an agricultural area and we are producing what I think is going to be a tremendous traffic generator. A collector into this particular spot. Business Week in the last month had an article that indicated that miniature golf courses are doing quite well. I think we see an example of that on TH 7 and TH 101 and I think we should view this as a permanent structure and not as a temporary structure until something better comes along. I don't know that we've done a traffic study. Have we done a traffic study? Barbara Dacy: No we have not for this. - Councilman Boyt: I gather that we're saying we're preparing to approve something that I think will generate a great deal of traffic. Is a county study done? Barbara Dacy: The County has reviewed the site plan. Their recommendation was that the access be located 300 feet to the north of the intersection. Councilman Boyt: Maybe people who are more familiar with that particular intersection than I am can add to more that. Barbara Dacy: We do have books upstairs from the Institute of Traffic Engineers that estimate the amount of traffic to be generated from miniature golf courses and retail uses and so on. I think when we went to through the _ process last spring the major concern was the batting building because that would generate more traffic on a consistent basis. The miniature golf course traffic would be seasonal in nature. Peak periods would be on Saturday and Sunday and evenings. Councilman Boyt: You're saying when the traffic load would tend to be lighter on TH 5, this... Barbara Dacy: It's considerably less than a retail use or commercial recreational use. Councilman Boyt: You don't consider this to be comparable with a retail use? Mayor Hamilton: I guess if we did a traffic study it would probably show us what we already know and that's that TH 5 is overused and if we have another use along the highway it's going to continue to overload it some more. I have no other comments on the two proposed items before us. Councilman Boyt: Then we're saying we make this amendment that anyone in the agricultural area can come in and apply for a miniature golf course and a golf driving range? 26 25:3 — City Council Meeting - November 16, 1987 Mayor Hamilton: Right, as a conditional use. Councilman Boyt: And basically we can only turn down a conditional use request when there is some overriding concern. We can't do it because the neighbors don't wan€ it there? Mayor Hamilton: Conditional use has always given us a great deal of latitude. Roger Knutson: You have a good discretion on it. You can't turn it down because the neighbors don't like it. They frown on that. You have to exercise your own judgment. • Mayor Hamilton: That's true Bill. Unfortunately that's the case. Councilman Horn: I believe that one of the requirements we put on here is that it be located adjacent to a major road with an off street access. Councilman Johnson: From a collector or an arterial. Not just an off-street access. Councilman Horn: Which will limit it to some degree. Councilman Johnson: There aren't that many sites who could develop this. We specified rn 5 and TH 212. We're not opening this up to the entire A-2 district. Mayor Hamilton moved, Councilman Horn seconded to approve the Zoning Ordinance Amendment Request *82-4 to amend Article V, Section 3(4) to allow golf driving ranges with or without miniature gold courses as a conditional use in the A-2, — Agricultural Estate District and to amend Article V, Section 9(14) to allow standards for golf driving ranges with or without miniature golf courses: 1. The location of the driving range is limited to being adjacent to TH 5 and TH 212 and access must be from a collector or arterial which leads to TH 5 or TH 212. 2. Hours of operation shall be from sunrise to sunset. 3. Provision of adequate parking areas and submission of landscaping plan in conformance with Article VIII of the Zoning Ordinance. 4. No site shall be located within 500 feet of a single family residence. 5. ' The building to be constructed on any site would be a maximum of 800 square feet and shall be painted in earth tones. All voted in favor and motion carried. Mayor Hamilton: Item b is to approve the Conditional Use Permit document. The applicant has said that he hasn't reviewed the 10 items. Is there a motion to handle item 6(b)? 27 Gr eJ�'x City Council Meeting - November 16, 1987 Councilman Johnson: Did the applicant get this? Mayor Hamilton: I don't think so. You've been working with him rather closely, it's hard to believe he hasn't. Barbara Dacy: I know the packet was sent out to you on Friday. You have not received it? John Pryzmus: I've been out working at the site so I haven't gotten my mail. Barbara Dacy: It was sent to the Saratoga Drive address. Councilman Johnson: While we have a slight break here, Bill was talking about the wetlands down there. By improving the wetlands, I do have a slight opinion on that. If we're not building the batting cage, which at this time we aren't, our amount of impervious surface being added to the area are minimal. The amount of increase runoff that would require an increased _ holding pond should be minimal. If we can keep that area as an infiltration area versus a holding pond area, I personally believe it would be best served to keep it in the same use as what nature has it now. Not necessarily making a holding pond in a wetland is an improvement to the wetland in my opinion. Certain wetlands have certain purposes. This wetland and the area adjacent to it appears to be a infiltration area. Unfortunately there's about a foot of dirt in many areas on top of what used to be the wetlands but I think if we dug deep enough we would find the wetland that was there. At this time, if we had approved the other building there, then I would be insisting upon a holding pond to slow down the runoff going into the creek there but at this time I don't think there's a great need to try to improve that wetland. When you try to improve something, you sometimes may screw it up. Councilman Horn: It's already broken. Mayor Hamilton: But it's broken like Clark says. It could be improved I would think dramatically because if you walk back there there's nothing there and it could be improved to be something. Councilman Johnson: Aesthetically yes but hydraulically I'm not sure if the improvement will be any different. I haven't seen any facts or figures to say it. As an area of infiltration and recharge of ground water, it will continue function as such. You put it in as a pond and we have a better mosquito breeding area. Councilman Boyt: The holding pond isn't in the condition in the condition as it stands. I would like to see it put in. I think it could help it improve . Mr. Pryzmus seems be willing to put it in. Is it acceptable to amend the wetland alteration permit? the Councilman Johnson: denied it. Barbara Dacy: If you wanted to provide for a conditional use permit, you could include it in condition number 1 by saying, submission of a revised 28 City Council Meeting - November 16, 1987 grading plan by December 1st indicating location of a holding pond. Mayor Hamilton: I guess I was thinking of the same thing but I would like to see John be encouraged to come back and request a wetland alteration permit again showing what y he's going to do with the pond. I guess I'd kind of like to see because you at one time agreed that you would do that. Just improve the pond in the north end. Then we would have some idea of what it's going to look like and what he's going to do because I think you would still like to have a permit. John Pryzmus: I'm working with Bill Engelhardt right now and we're working on the changeover from the filled in areas to put a pond in there and have him _ and the DNR decide how big and whether they think it should be there. Mayor Hamilton: Okay, and then that could be a part of your request for a wetland alteration permit coming back to us at another time. John Pryzmus: It would be nice to have that as a condition if you'd let me have my batting building. Mayor Hamilton: There's no reason, if you want you can ask for both of those again. I can't tell you to or not to but if that's something you want to do, that's something you have to decide if you want to come back and request one or either or both, that's up to you to make that request. Councilman Johnson: John, do you want this pond? — John Pryzmus: I think as far as from the area, the pond isn't going to hurt me. Councilman Johnson: What about the septic systems? You talked about the conversion there to a holding tank versus a septic system. Barbara Dacy: No, there's no change proposed with that. Conditions 4 and 5 remain the same. Councilman Horn: We could include an asphalt curb. Councilman Johnson: I prefer to get sheet flow off of the parking area. Mayor Hamilton: I would too. I don't know that much about water runoff but it would seem that if you have water running off, don't you decrease the amount of velocity coming off of an area by doing that. That's what we're always trying to do. Barbara Dacy: That be addressed and reviewed by staff. Mayor Hamilton: It seems like we always talk about decreasing the velocity and that would scorn like that might do that. Maybe it doesn't, I don't know. Councilman Horn: Let's leave off everything with curbs. 29 City Council Meeting - november 16, 1987 Gary Warren: We'll look at that with the plans that came in. Mayor Hamilton: I guess I'd be curious to know if it does or doesn't. Councilman Horn moved, Mayor Hamilton seconded to approve the Conditional Use Permit Document as presented with the following amendment to the first condition: 1. Submission of a revised grading plan by December 1, 1987 showing the proposed limits of grading, methods of erosion control where necessary, indicating the revised size and location of the parking lot and club house and 150 feet from the centerline of County Road 117, and proposed berm areas around the putting green and miniature golf course area. The parking lot shall be paved. City Staff shall review and approve said plan prior to activity occurring on the site. All voted in favor and motion carried. CONSIDERATION OF ALLOWING HUNTING NORTH OF TH 5, DNR CONTROLLED GOOSE HUNT. Mayor Hamilton: We've had an opportunity to see one of these previously and Jim has made some recommendations to us. Reading through Jim's recommendations saying the ultimate solution though may be the elimination of hunting all together within the city limits of Chanhassen I couldn't agree with less. I don't think that's the ultimate solution at all. There are areas in the city where you can hunt especially around Rice Marsh Lake or swamp or whatever you call it. There are a number of areas south of TH 5 that are certainly acceptable for shotgun hunting of birds and fowl but perhaps not any longer of deer. Although there is enough open space so I think slug hunting is probably pretty safe also but to get to the real problem, these dog gone geese. Personally I guess, unless everybody wants a report from Jim, I would really like to -cc us just say no hunting north of TH 5 period. Whether it's a special hunt or non-special hunt so you don't run into the same problems we did last time. That was a mess. Councilman Boyt: I think that we have a tremendous problem with the geese in this city. As much as I like to see them fly, I understand that a good many people don't like to see them on their yard and what they leave behind. I would think that it is a difficult issue where we allow people to hunt north of TH 5. I agree with you by the way on hunting south of TH 5. I think that there are still some areas where people should be able to hunt in Chanhassen given the level of development as it is right now. I would like to see us look at some sort of reasonable guideline that Mr. Chaffee could use in doing a preliminary screen on a request. Whether it's north or south. I would think something in the neighborhood of 1,000 yards from any home. Mayor Hamilton: Feet or yards? Councilman Boyt: No, yards. The reason I say yards is because that's basically the maximum carrying distance of a shotgun. It's not going to carry there with any ability to do anything. Gentlemen, I can assure that if you 30 Planning Commission Me. ing April 22 , 1987 - Page 27 configuration of the roadways that that come before the Planning Commission for review. All voted in favor and motion carried . Siegel moved, Headla seconded that the Planning Commission recommend approval of the Wetland Alteration Permit #87-6 with the following conditions : 1. The Class A wetland shall be preserved by a conservation easement established at 75 feet from the ordinary high water mark . 2. The applicant shall provide drainage easements over the ponding areas throughout the site and not allow any alteration to the areas . All voted in favor and motion carried . Erhart: Can you explain what item number 2 in your recommendation means . Olsen: What they are providing, in what they call a storm water easement, I'm just making sure that they definitely provide easements over that and that those are protected areas so they won ' t be altered . Erhart : Altered? Olsen : Such as mowing the lawn . SWINGS RECREATION, LOCATED ON THE NORTHWEST CORNER OF HIGHWAY 5 AND CO. RD. 117 , JOHN PRYZMUS , APPLICANT: A. ZONING ORDINANCE AMENDMENT REQUEST TO AMEND THE A-2, AGRICULTURAL ESTATE DISTRICT TO ALLOW GOLF DRIVING RANGES, MINIATURE GOLF COURSES AND INDOOR BATTING BUILDINGS AS A CONDITIONAL USE. - B. CONDITIONAL USE PERMIT REQUEST FOR A GOLF DRIVING RANGE, MINIATURE GOLF COURSE, AND AN INDOOR BATTING BUILDING. C. WETLAND ALTERATION PERMIT REQUEST TO FILL IN A CLASS A WETLAND. Barbara Dacy presented the Staff report on the Zoning Ordinance Amendment - request . Conrad : Where else would a golf driving range be in the city? Dacy: Currently a golf driving range is not listed in any other commercial districts so basically a golf course or golf driving range is not a permitted or conditional use within the City of Chanhassen . Planning Commission Mecing April 22 , 1987 - Page 28 Conrad : Can you refresh my memory why that is? I'm looking at some notes where we specifically said we did not want that in agricultural area and I - have a hard time recalling that . Dacy: What happened was , during the Zoning Ordinance review process we met _ several times in 1985 and 1986. The Bluff Creek golf course now is a non- conforming use as a golf course but we do recall discussion that the Commission did have problems with a golf driving range in the rural area. You didn't think it was appropriate. It created some traffic along those roads so it wasn't approved as a part of the new Ordinance thus the application . Conrad: John, you are the applicant. Specifically John we're talking on the zoning and before you tell us what your range and what your configuration would look like. I don't know how I can limit you to just one subject. You are asking for a zoning change or you are asking to amend the Ordinance based on a project that you've got. I don't want to review the project yet. I really do want to review the concept. Of the three things that you've asked for , in general in the City of Chanhassen. Can you keep - us away from your project for a while? Do you have anything to tell us about driving ranges in Chanhassen? Persuade us that we should have driving ranges in Chanhassen is what my challenge to you would be. • John Pryzmus : On page 8, basically my feelings in the Chaska Herald is an ad I developed. I spent a lot of time with the people planning the driving range out there now. I've been in front of the City Council about two - months ago and at that time we didn' t have the total plans and the layout of the new facility. It had been approved originally five years ago for a driving range and I never did open it. I worked on it gradually over the - last 5 years and being that the little one I had in town , there was no development on it, I never had a reason to open the new one. I brought in people from Chicago, John Jacobsford Golf and we went and looked at every _ driving range in the Twin Cities area and there are a lot of driving ranges that aren't kept up very well and a lot of them are just an intern use for a piece of property until you put it into an industrial park or whatever. You aren't going to buy an industrial park for driving ranges but you do buy a — driving range for industrial parks. With this project, I'm not proposing it to be used as an industrial park down the road. It's a half a million dollar project that should enhance the recreational facilities for the _ community. In all the response I've had, they are 100% for the project. I feel by getting community support, I feel that I want to show the Council and the Planning Commission that not only do I want to make a business venture out there, I've already spent a lot of money buying the land. I — bought it on a contingency that I could have a driving range then that was approved so I guess what I want to do now. I originally proposed a miniature golf in my original proposal and that was turned down but what I — want to do is make it financially feasible for me to do it as an investment and also make it a good thing for the community. With the nature of TH 5 and there is not really a traffic problem. These numbers might not all be _ right but you have approximately 20,000 cars going by there a day so there won't be a traffic impact. They would be coming off of TH 5 and going down Planning Commission ME ing April 22 , 1987 - Page 'z9 100 yards on a major collector road which is tar . Conrad: John, I think you are getting into the specifics of the project and_ I'm really trying to focus on the Ordinance itself right now. We have to look at the Ordinance and say does it make sense to allow driving ranges? Does it make sense to allow some buildings out there and you can come back in a few seconds to talk on the specifics but anything else that you can share with us in terms of, I know they are real closely tied together. John Pryzmus : I guess maybe if I could just answer any questions you have _ because if I start rambling on and on I might get back into that. If there are some questions as far as if it will be compatible. My neighbors out there , I have a group home to the west of me and contractor yards to the north of me. Dale Green has a farm to the south of me. A guy named Larry - Van DeVeire has the land to the east of me and I talked to him and he feels it's commercial. One of the gentlemen here, John Hennessey, he has the land to the northeast corner of me so basically what I 'm trying to do by getting - community support is not set a precedence in allowing any kind of commercial project. Like Barb stated, a driving range needs a lot of land. It isn't like putting a gas station out there. The miniature golf and the batting cages, the three of them blend together to make it financially feasible first of all but they also make it a nice project for the people in Chanhassen. Like you just had on your map, each developer gives park space. They put in baseball diamonds. The City is acquiring property to add three - more diamonds just a mile to the east of this project. They are putting lights on the park because there is such a demand for a recreational facilities and as a private developer, there won't be any city money or anything like that. This will be a private venture so I think it would just be in asking too with what the City already is doing with their parks and with their recreational facilities . Roger Schmidt: I live out in that area. I guess my thinking is that I haven't seen a driving range yet in the metropolitan area that I think is a definite asset as far as aesthetics go on the community. They are usually located in more of a business area or with a golf course and even a golf course is stuck back in a corner someplace where they aren't that visible. Being a resident of that area, I'm somewhat concerned that we'll probably end up with a very similar situation that you have with 90% of the other driving ranges and I'm very much concerned from the standpoint that I don't see the City doing much policing in the area of taking care of what's out there right now. That's been, for several years, right now it's nothing but - a junk pile and we've had comments from people out-of-town and in town asking us what's going on over there and it's kind of embarrassing for us to have to admit that we're living in an area that looks like that. I think that particular spot, as far as driving ranges within the City, I think there probably are spots for them but that particular one, I would think you look at it as your western gateway into town and I think you should look at that as something that you don ' t want to build up with things that probably aren't going to be complimentary to the City. You have to decide whether that is a complimentary activity or not and obviously the other thing that I'm concerned about is the commercialization of the district. It's not Planning Commission ME ing April 22, 1987 - Page „e allowed as far as your zoning now and I think people kind of go by the zoning issues when they decide to locate there and you don't arbitrarily change them so I think you should give that serious consideration also . Headla moved, Emmings seconded to close public hearing on the Zoning Ordinance Amendment . All voted in favor and motion carried . Headla: I don't understand why having a driving range, and the batting thing and the miniature golf is different but I don't see why a driving range would be of any benefit. I think there are several downside aspects of it but I don't see any upside aspects except the person running the range. I think the people surrounding that might suffer. Conrad: You've got to consider them like a golf course. People use it. Driving ranges are used . Headla : Then if I look at the location, then I wonder about Galpin Blvd.. I'm on that road quite a bit. I ride a bike on that and right now, I don't like the way the cars are on there. Do you have any idea how much traffic comes and goes from one of those facilities? Pryzmus: I'm sure there will be some major amount of traffic. I don't know what you consider major but most of it will be coming off of TH 5 so they would be coming off TH 5 down 100 yards and turning in there. The traffic study we do have a parking lot scheduled for 16 spaces. We overbuilt the parking lot basically. I would say a full driving range wouldn't have more than 3 or 4 cars at a time. That's comparing apples to oranges because that was a temporary thing and basically the people would want something to do down on West 79th Street where this will be a business that will be maintained . Siegel : I can't recall discussing our reasons for excluding golf courses from the A-2 district. Dacy: I can't pinpoint the date. We did go back and look through the files . It was a fairly short discussion. Siegel : What was the justification or the reasoning behind us or staff recommending the exclusion from the A-2? Dacy: The way it was proposed, it was listed because it was consistent with our prior Ordinance. However, it was the specific recommendation to have — golf courses and driving ranges removed . Siegel: In essence what we're doing is removing any possibility of having a golf course or driving range in the City of Chanhassen . Dacy: That ' s correct. The Bluff Creek golf course is now non-conforming . — Siegel : Well , that doesn't make sense to me. It just doesn't make sense. If somebody came in with a plan for a beautiful golf course in the rolling Planning Commission Meccing April 22 , 1987 - Page 31 hills of Chanhassen, I'm sure the City Council and the city Planning Commission would jump at the chance to invite them in with open arms to develop that as such. In lieu of that, I look at that piece of property an I guess I'm new to the history of it and I guess the applicanthas been remiss in some respects in his follow through in what he has been planning for that. In all due respects, I think we should approach this as a new application for such use and look at it in that light. I think it will be an improvement on that corner and to me the location is marketable as a driving range and as a miniature golf course. I tend to favor that. Unless- there is more stronger objections to granting a conditional use permit in the Zoning Ordinance , I would favor it. Emmings : I agree with Bob 100% that I can't imagine why we wouldn' t have golf courses and driving ranges as a conditional use in the A-2 district. 1 don't have any problem with that. I agree with the Staff that miniature golf courses and indoor batting buildings such as this don't belong out there and belong in a commercial district. Then having said that, I guess putting a miniature golf course with the rest of the things that are here , the driving range and whatever a maxi-putt and putting green business all seems to be pretty cohesive and make sense in this particular project so I 'n having some problems with this. I don't have any problem with the driving range being a conditional use in the A-2. I don't think there ought to be,• _ in condition 1, I don't agree that they ought to be abutting collectors. I think they should only be on arterials. On major streets, I think we want to lean that way towards major roadways. I think the second condition is very important that they only be operated from sunrise to sunset. I think that's adequate in the summer time and I think the lights would be a real problem for anyone who lived around it. I guess that's all I got. Erhart: I disagree regarding the issue of whether we should allow golf courses and these things in the A-2 area. I agree with Bob. I think we really overlooked something in golf courses and I don't know enough that we can lump practice areas in that or not so I don't have a strong feeling about that. I do have a strong feeling about buildings in the A-1 and A-2 areas. These metal buildings and they tend to be the area that acts as a transitional area from agricultural to the residental. In south Chanhassen - where people have built these metal buildings out in the country and I don't know for what reason, where they have not been part of a farm homestead , they are really an eyesore. Even though some of them are well kept up, they_ don't fit so with respect to that, I would real against, that batting practice thing requires metal or any kind of a major industrial type, any kind of a non-farm building or a non-house, I don't think it ought to be part of the A-2 or A-1. I think it should not be part of the A-2 district. I agree with Steve entirely as far as the driving range. I guess as long as it's on TH 5 with the correct word is major arterial , I guess it's okay. Certainly the one the John ran just west of the City here, as long as there wasn't any buildings and the grass was mowed, I didn't think it was an eyesore at all. Regarding the building on the other hand, if we're going to put a driving range in here, you probably have to have some small building to keep the tractor and stuff out of the rain so I guess I wouldn't mind a small wooden garage or something just to maintain that kind of thing but Planning Commission Mc ing April 22 , 1987 - Page 32 certainly not a permanent industrial type building. I agree the hours ought to be sunrise to sunset. The second concern, I think in the A-2 area is to emphasize that we do not want retail business in the A-2 area. For example , I can't have a retail nursery on my nursery farm. I can have wholesale but you can't have retail. 'Again , reflecting on that, we have to be real careful if we're going to use it at all , I think it should be on TH 5. That is the only appropriate place to have this in the City. So the rest of the commission can think about that retail issue and we've got to be real careful about that. We consistently said we do not want retail business activities down there. I like 4 that certainly it should not be within 500 feet of a single family residence. Our wholesale nursery and contractor yards basically have to fit with that rule. Conrad : I have nothing more to add. I think golf courses and driving ranges are appropriate in Chanhassen. I don't think that buildings out in that area , specifically indoor batting buildings, is what I want to see but to use the land that way, I think is appropriate. I would vote for that type of a use in a A-2 district. My only comments other than that are we should have, if we make a motion in favor , somebody might want to work the word golf course in. We don't need to and maybe a golf course is a whole different set of circumstances. I don't know. The other part that I would _ like to see is an intent statement in terms of why we're allowing this and I guess one of the intents that I would see as a conditional use, is to minimize impact on neighbors in terms of noise, traffic and lighting. I think we need some kind of intent statement along with this if we do choose to allow this as a conditional use . Emmings: I wouldn't like to see golf courses included tonight for two reasons. First of all , it's not in front of us and that always makes me uncomfortable but secondly, Staff has obviously thought through the kinds of conditions we should impose on a driving range, if we' re going to allow that as a conditional use and I don't see that they have had the opportunity to think through conditions for golf courses as a conditional use and maybe that ought to come back as a separate item. Conrad : That ' s a good point . *At this this point a motion was made and the following discussed occurred. Conrad: Steve, did you leave out miniature golf courses on purpose? Emmings : Yes . Siegel : Does the miniature golf course, in the eyes of us here, reflect as a retail establishment? Would that be the objection to including that _ miniature golf course as a conditional use? It borders in the area of retail establishment and service recreational type business. _ Emmings : The way I think about a miniature golf thing fits into a commercial area. It's compact. You can't put a driving range in just a city lot. You need some room. Miniature golf courses don't bother me in Planning Commission ME ing April 22 , 1987 - Page 33 the City, they bother me to think about them being out in the A-2. It just doesn ' t seem to fit at all . Siegel : I guess I tend to think of it as a similar type of use to a golf driving range especially in conjunction with it. If we were to talk about specifics, put a bunch of miniature golf courses 2 miles apart, maybe that would be a little bit different but we're talking about is a proposed complex here. Not one being here and one being 1 mile down the road and another one a mile down the road all in the A-2 district so I think it's a little bit different when you're looking at it as a package as just one - thing. Emmings: Let me ask in that regard, let's say that we have passed this Zoning Amendment to allow it as a conditional use, if we were somehow persuaded that a miniature golf place fit in with this particular driving range project, could we allow it? Dacy: What I hear you saying is that you feel that the driving range and the miniature golf course really should act together and not a stand alone miniature golf situation so if you wanted to phrase your approval in the framework that golf driving ranges subject to these conditions. Miniature golf courses as an accessory use to the golf driving range, that would be an option. You couldn't have a miniature golf course without a driving range along with it. If that's what you're saying. Siegel : I guess to me it makes sense. The whole idea of having a miniature golf course , especially when you think about fathers and mothers going out to a golf driving range and they've got a place for their kids to spend some time. It's sort of a natural. I'm surprised there aren't more combinations like that around . Emmings : If we could , I guess what I would like to do since I made the motion , is leave my motion out there the way it is and then maybe you can make a second motion to talk about miniature golf as an accessory use to the driving range. Would that be alright? Dacy: Yes , and then you should look at what a miniature golf course is. It- does require more lights. You have the windmills and the people to hit the ball through and so on so you have to consider those visual aspects also. It is different than a driving range. Erhart : I would like to see us go back and spend some more time on this one and define it a little bit better. I'm really against putting anything in the A-2 area that visually is not consistent with either residential or agriculture and I think you can make a driving range consistent with agricultural but I think we ought to define what the landscaping is going to be. Buildings in some kind of terms. What buildings can be put on there? I've seen driving ranges with 16 foot high fences and then in a couple years they're falling down. Emmings: Tim, don't we retain complete control over that when it's under Planning Commission Meeting April 22 , 1987 - Page 34 our conditional use? That to me is the whole reason that it should be in there as a conditional use rather than a permitted use because we retain a lot of control over the plan and the landscaping and what the buildings are going to be . Headla : I doubt that you have that much control over a conditional use. It has to get pretty bad . Emmings : No. When the plan comes in Dave, we look at it before anything gets built and we say we only allow you to build it if you do the landscaping this way. If you show us the plan for the building you're going to build and we approve it . Headla : I 'm referring to Tim' s comments . Emmings: You're talking about maintaining it after it's built. That's always a problem yes . Headla : I think Tim made the comment very well in that a conditional use permit is very hard to police at times. I think a good example of that is - the horse riding farm. Once they were in there and there was a dust problem, and I was involved with that to some extent, it's hard to say you people created 80% of the dust. It's pretty hard to shut them• down because there is nothing to enforce that. Once they were in there, they were in there . Dacy: The advantage to the Zoning Ordinance now is that, that original — conditional use permit was approved several years ago and we do a lot more restrictions in our current ordinance and that's the purpose of this amendment process is to establish those type of conditions. If you wanted - to add no metal buidlings on the golf driving ranges or a suggested condition, just authorize a building to take tickets or whatever, can't exceed 800 square feet. I don't know but you have that ability to establish conditions through this process. Emmings: There are two other things. A conditional use permit can be revoked if they don't live up to the conditions. Mr. Pryzmus has already — found that out on one occasion. That's worked here. To say that a golf driving range or golf course doesn't fit in the A-2, means that we're banning all driving ranges and that doesn't make sense to me. They are a _ conditional use, not as a permitted use just so anybody can put on anywhere they want to , as a conditional use . Conrad : Tim , you would like to see other conditions in that other than what — we' ve got. Is that true? Siegel: We're talking about the Zoning Ordinance amendment now, not the — conditional use permit right? Dacy: Yes . Planning Commission Meeting April 22 , 1987 - Page 35 Erhart : We could put it in the Zoning Ordinance so we have driving ranges are permitted as long as the club house is kept to a 35-40, we can put that - in there if we want and one storage shed. You could add those as part of the Zoning Ordinance. On the other hand, I guess if all we're allowing is that the driving range it wouldn't make any economic sense to put much more _ than that on it. Just a small garage and small clubhouse. Maybe it would police itself. The other thing I would be more inclined to go along with is if we actually restricted it to TH 5 or TH 212 but I will not vote for it if this can be put on TH 101 or Lyman Blvd . . I just think that ' s dead wrong . Headla : What are we really voting on now? Conrad : We're voting on an Ordinance change and as Steve's motion said, he is recommending that golf driving ranges be a conditional use in the A-2 district. We're not talking about John's proposal now. We're talking simply about, is it appropriate to allow driving ranges in Chanhassen because right now you can ' t have them. Headla : So if we were to say no, we don't want any of this. We do what the- Ordinance says as is. That does not prohibit anyone from coming in and getting a conditional use? Conrad : They can't get a conditional use because it's prohibited right now, There is no way to apply for a driving range right now. Headla : It is explicitedly prohibited? Dacy: Yes . The use is not allowed in any district . Conrad : But what we're saying in this request is , we will allow it as a conditional use but Dave, nobody can come into town right now and build one. John wants to build one and he's got to have us effect the Zoning Ordinance right now if he ' s to build anything . Dacy: If I can make one more comment before you take action on that motion. On the collector and arterial condition, it concerns me if you do limit it to just two highways or to an arterial because to me that construes that you can only get access from that arterial highway. We wouldn't want to create a driveway situation off of TH 5 so the benefit of having a collector in there, in this particular situation, is that you can have access of the major street. All the streets in the rural area are collectors or arterials anyway but I think we should preserve the arterial to keep that flow through traffic and not allow addition interruption . Erhart: What about stating within 700 feet of TH 5 or TH 212. Have access from. . . Dacy: You are saying more of a location? Erhart: Yes exactly. What you're talking about is putting a retail business out in the rural area and I think the only place you want to do Planning Commission Meeting April 22 , 1987 - Page 36 that is on TH 5 or TH 212. Dacy: Then in that case I guess• I would recommend that you look at amending - number 1 to location near an arterial street with access to a collector or arterial . Again , it all depends on it ' s location . Erhart : It could be a collector but as long as it was on TH 5 or TH 212. The access points can be on the collector . Dacy: It is subjective because where do you draw the lines? At 500, 1,000 or 1, 500? Emmings: What if we said location on an arterial with access to a collector for ingress and egress? Siegel : Wouldn't that be part of the conditional use instead of the Zoning Ordinance? Dacy: Yes , the benefit of the conditional use will allow you to look at the individual case . Emmings : No . My motion is going to leave that in and I ' ll tell you why. — Conrad : Leave what in? Emmings : It' s going to leave in a condition that will state that it will be _ located on an arterial with access to a collector for ingress and egress and the reason is , if someone comes in and our ordinance already says they can only look at places along arterials, we're going to have a lot less trouble with those people than if they come in and say, okay I want it over here and - your Ordinance doesn ' t say I can ' t . Erhart: But you've got Pioneer Trail and TH 101 and Lyman Blvd. are all arterials . Dacy: As the motion is on the floor now, item 1 is location on an arterial street as identified in Article VI , Section 25. Conrad : Steve , do you want to amend that? - Emmings: Yes. Again, I think it should be located on an arterial street with access to a collector for ingress and egress. I guess what we're saying is we don't want them just anywhere in the agricultural district. We want them on major roadways but we don't want their driveway coming onto that major roadway. We want them like here, on a corner where they've got access to a collector so the turn can be made off of TH 5 onto Galpin and then get in and out on Galpin so they aren't actually turning off that arterial. They don't have their driveway on the arterial but we want them located on major roadways rather than just scattered anywhere. Planning Commission Meering April 22 , 1987 - Page 37 Siegel : Now where are we Mr. Chairman. We've had a motion and a second and we ' re in discussion stage and he wants to make an amendment to his motion? - Conrad: That's correct so I withdraw my original second and second your motion on your change Steve just to get this going. Is there anymore discussion? Erhart moved, Headla seconded to amend the motion to limit the golf driving ranges must be adjacent to either TH 5 or TH 212 and access must be from a collector or an arterial which leads to TH 5 or TH 212. Erhart, Emmings and Headla voted in favor and Siegel and Conrad opposed the amendment, and motion carried . Emmings moved , Conrad seconded that the Planning Commission recommend to amend the Zoning Ordinance to allow driving ranges in the A-2 district as a conditional use with the following conditions : 1 . The location is limited to being adjacent to TH 5 and TH 212 and access must be from a collector or an arterial which leads to TH 5 - or TH 212. 2. Hours of operation shall be from sunrise to sunset . 3. Provision of adequate parking areas and submission of a landscaping plan in conformance with Article VIII . 4. No site shall be located within 500 feet of single family residences . All voted in favor except Headla who opposed . Headla: The reason being that I think there are far too many negatives situations that can happened as compared to the upside advantages. In respect to both the adjacent landowners and the City. Conrad : John we'll bring you back on board. We're going to open up the public hearing for the second stage of this which is where you are asking for a conditional use permit. You are asking for a golf driving range. Barbara , because we have turned down a miniature golf course and/or batting _ building , should John continue to pursue and present his proposal in full? Dacy: I think so. Pryzmus : Basically, financially I can't even proceed, by taking out the miniature golf and the indoor activities, financially for me, it makes it impossible. What you basically did was take away the foundation and the walls and you're giving me the roof so I can't enter into a contractual agreement with the City to spend $300,000.00 to basically make a beautiful driving range. I already have the driving ' range sprinkler systems already in. The tee area is already built. The greens are already done. The sandtrap is there. The classified parking lot that we originally was agreed Planning Commission Meeting April 22 , 1987 - Page 38 upon five years ago is in and I need to do some minimal grading to open it up. So when you mentioned that the miniature golf, this is a sports complex. Not just a temporary use driving range. The miniature golf as you see on I-494 on the strip where it's all concrete and also in Excelsior where they have all rock, now on my developmental plan we are using approximately, I haven't walked and measured it all off, but for the batting - cages and the miniature golf, we're using with parking somewhere around 6 acres. 5 to 6 acres in a commercially zoned area would make it financially impossible, especially when you build a building that's going to conform with all the buildings in the industrial park. But getting back to what is going to be nice for the community, as Roger said , it is part of the gateway from the west. With the landscape architecture plans that we have submitted and this will all be done through the City, we will be adding anywhere from 4 to 8 foot berms throughout the miniature golf. They will be maintained by a neighbor out there. I have a full time manager hired to run it. A full time grounds keeper. He will be there 5 days a week, or 3 or whatever it takes. The trees , we will basically have up lighting on all the berms with the shurbs. There are, even though it hasn't been maintained as an arboretum right now, most all the trees are planted. There will be another additional 100 some trees planted. I appreciate your voting to allow' - driving ranges but I don't know what you want me to sign in a contractual agreement to do what when I can't have basically two-thirds of what I'm proposing. The building itself and where it's situated, this plan was drawn - up before we decided where the on-site septic system would go and with the additional setbacks, the building can be set back 100 feet. With the bank being taken down 10 feet and the berm coming up 4 feet so this building would absolutely, that's 14 feet in itself and the building is only 15 feet high. No it goes from 14 feet to 15.8 basically with a flat roof. The building would be all cedar on the outside. The roof is metal but when I insulate it, it would be like a compco roof. There is a neighbor that lives south on TH 101 that is getting a price together for me now so the building would not be a tin shed. In this area there is permitted use. In fact, I have to get financing on the building so I would have to come to the City to get a building permit to build a contractor's yard, a nursery, a hog farm or whatever. I'm going to have to do something with the property and the building is already there so I do have to do something with it and I just felt that for the community and the neighbors, with all the landscaping. It used to be a tree farm so there are already 300 some trees , I think the two , the miniature golf and the driving range are just a natural. People are going to come out. If you have any children, how many people say, what can we do mommy or what can we do? There's nothing to do in Chanhassen. That's the biggest thing ever since I've been here for 13 years, there's nothing to do in this town. Here we have no booze. We have basically no noise. Golf balls don't make any noise. We have no dust problem. We really have no problems other than something that should be nice for the community. The cost of the building in the central business district, I just sold a piece of land that this would basically be the only place in Chanhassen that it could go right now and that land with the building that it would take , would cost a couple million dollars. Financially you could never do that project here so the citizens of Chanhassen won't have this project. The location out there, being that it is on a major highway. It is not conducive to Planning Commission Meeting April 22 , 1987 - Page 39 estate homes. When you have 20, 000 cars driving by every day, everyone knows what the land, I paid $4 , 000.00 per acre for 5 years ago when the land was going for a lot more because people aren't buying it for farmland. I did buy it on a contingency that I could have the driving range so by not being able to show you what-.we're using pictures and dimensions from courses in California and Florida and I want this to be the nicest and well thought out miniature golf course. If you've ever played mini-putt over in Minnetonka, we measured that out and wanted to at least have the trees and shurbs and greenery that they have. We aren't proposing any elephants or ducks or geese or anything that's going to look bad. I want it to be fun. We're going to do a lot of underground things with PVC. Little kids like when the ball disappears and then it comes up. The mini-putt, to get back to what mini-putt and maxi-putt is, a mini-putt for kids anywhere from 4 or 5 years old up to 9 or 10. You take them to a real tought miniature golf course and they get very discouraged. Everybody likes to do good so it would be a real interesting little course but their ball always winds up in a good spot so they can score good but it won't be interesting enough for your 11, 12, 13 and your adults so the maxi-putt would be that. I'm trying - to get something for the whole family. The batting cages, I don't know if any of you have ever had children in Little League but the worse thing that can happen is when your little guy strikes out twice in a row and he comes back crying. When I was in the Jaycees we bought one batting machine for the CAA but there just isn't enough time for all the little kids to use that one batting machine. The building itself would be basically not seen from the highway. Right now, in a farm zoned area, you can build basically whatever you want for a hog farm , dairy farm , whatever. I want to have a lot nicer building than that. It's going to be totally screened but by taking away, like I say, the foundation. I appreciate your motion to allow the driving range. Dacy: Given their action, the next item on the agenda is literally a conditional use permit for a driving range. You have a couple of options. - You can withdraw that application right now so they would not carry out the review of the driving range and the matter would just go on to Council to determine the Ordinance amendment but if they do allow the driving range and- everything else, it will have to come back and go through the plan review. So , do you want them to carry out the review just for the driving range or are you withdrawing your application at this point? Pryzmus : I want the driving range but what I'm saying is I can't really enter into any contracts if I only have the driving range. I appreciate your motion for the driving range. Conrad: John, I think there was some sensitivity to the miniature golf here. It wasn't voted that way but there was discussion. City Council may entertain that thought. I don't know just because we voted one way. I think they will be consistent in some of the things that we're saying. I think some philosophical things will carry out based on what we're saying but I'm sure that miniature golf is totally out but I don't know if you want to carry it forth . It ' s really up to you. Planning Commission Meeting April 22 , 1987 - Page 40 - Pryzmus : I want to carry it forward . Dacy: What we could do is, this is going to the Council on May 4th, you _ ,could come back to the Planning Commission on May 13th for permit review if it ' s approved . I know you have some timing restrictions . Pryzmus : That is to enter into another agreement so they have the site plan and other additional uses . Okay. Dacy: I would have to come back and you probably wouldn't get approval - before June 1st. It would be more time if they don' t review it. Pryzmus : But they can't review it if you are going to leave the motion standing just for driving range. Let's just take the driving range and I'll have to spend another month. I don't know what else to do because you've made the motion and that ' s your feelings so I don' t have an option. - Conrad: Well , you probably do. I guess Barb is just giving you some advice. What did you two decide? Dacy: I think you are asking us to go ahead and review just the golf driving range . • Siegel : You still want it to go before Council in total? Pryzmus : I want it to go before Council in total because if I don ' t . . . - Dacy: Okay, then the Conditional Use Permit and the Wetland Alteration Permit, they will make a motion to table that pending Council final action on the Ordinance amendment . Pryzmus : Let's do the wetland. We can do the wetlands now because that's part of the driving range . That has nothing to do with the miniature golf . - Dacy: So you are saying to go ahead with the driving range? Pryzmus : Yes . Conrad : Okay, this is a public hearing . Any comments? _ Siegel moved, Erhart seconded to close public hearing. All voted in favor and motion carried . Emmings : One thing that I notice that there is in the landscaping it says - existing ash , 2 to 2 1/2 inches in diameter and points to that whole long row of trees . When I drove by there tonight , I didn ' t see any trees at all . Dacy: There are trees out there. There are a number of trees out there as John has mentioned . They are small . Emmings : 2 1/2 inches in diameter? Planning Commission Meeting April 22 , 1987 - Page 41 Dacy: Some are but not all . Emmings : And does it go across the whole property the way it's portrayed on this? Dacy: It's along TH 5, yes . Some, I think may be dead. A lot of them didn ' t have leaves on them as of yesterday. Emmings : Put in a condition that they have to be living trees? Dacy: They are identifying existing conditions. The specific thing that the Commission should address is the appropriateness of the lighting and the fencing proposals. Those are some of the things that Staff kind of flagged out. With just the driving range, there was a taller lighting standard in the southwest corner. Your previous motion was for the operation of the driving range from sunrise to sunset so in my mind that lighting scheme falls out and you need to address that one way or the other. Headla : What does he need the lighting for? If you don't give him lights, that kind of insures that it doesn ' t go past sunset. Dacy: I realize that. I was just saying that I wanted to make sure that the Commission was comfortable with that . Emmings: Is there any reason they have the lights? That you would want the lights? Pryzmus : As you know, there is a group home west of me. I'm not saying anything bad about group homes but the contractor's yard, the residents over here, everyone in the farm community has security lights and a person could get in and raise all kinds of heck with the putting green or whatever and I feel that I need some security maintenance out there. With the putting green being in the southwest corner, that will give me the security down there. I also had security on the front of the indoor activity building but I wouldn ' t propose any more lighting than the average farm has. Emmings: How tall is that light? How high above the ground is that light itself? Pryzmus : I don ' t know what NSP puts in . Emmings : It ' s just one of those standard lights? Pryzmus : It's a standard light that would be on a farm. The other thing, I guess I cut it short when the public hearing was closed but as far as the fencing , there will be the fencing around the perimeter of it will be the same as Prince's fencing down the street. It will be the black fencing and the fencing on the west and across the north border will be the fencing that's out there. It is a silver fence but it will all be 6 feet high. There won't be any need to protect any roads or anything. The driving will be hitting to the north . Planning Commission Meeting April 22 , 1987 - Page 42 Emmings : Barbara , I see one light . Are there more? Dacy: Yes, the light in the southwest corner is the only one that you had shown on the plan outside of the putting area. The miniature golf course lights but if the miniature golf course is not there, then those lights fall out . Other than those , that was the only light , correct? Pryzmus : We have lighting on the path underneath the trees . Dacy: For the tee area . Pryzmus : This is a path in back of the tee area . Dacy: You ' re saying these are 10 feet in height? Pryzmus : Yes, those are 10 feet in height. They would be a down light. It was to light the path but if we ' re not going to be open. . . Dacy: Along the tee area they are proposing a series of 10 foot lights there . Pryzmus : In back of the tee area there is a path. I put trees every 30 feet and then they are diagonally across from one another and the lights would be in the tree area . Dacy: But again , if they condition from sunrise to sunset and they are not there for security reasons . Headla : Where would that 6 foot fence be? Pryzmus : A 6 foot fence would surround the whole property. Headla : Everytime you drive by TH 5 you see a big black fence . Pryzmus : Yes , it would be about the same as the arboretum fence only it would be black . It would be the same as Prince ' s fence down half a mile . Headla: Have you people seen that fence? Go take a look at it. Pryzmus : If you don't like black fence, I don't have to put it. I thought maybe you would like it because it was the same as Prince' s . Conrad : In trying to understand Staff's analysis of the wetland. In Gary's report, are those conditions bundled in to the Staff recommendations? Dacy: Yes . Conrad: And Gary, basically you have a lot of concerns with the area from a wetlands standpoint and some other things. Were your conditions as stated, were they worded so that if we decided to allow filling in the wetlands, these things have to be done? I didn't see a statement that said that. I Planning Commission Meeting April 22 , 1987 - Page 43 saw Rockwell's comments saying that the wetlands shouldn't be filled in. That there are some senstive areas and whatever. How do I interpret your comments at the end on the attachment? Warren: I admit it got a little confusing as we got into it. In trying to - interpret our Wetlands Ordinance, that was part of the thrust that I was responding to some of the deficiencies that the submittal has in relation to the Wetlands Ordinance. I guess the final bottom line of my comments would be that if you go ahead that the recommendations that I have shown should be enforced as far as sedimentation basin and then some of these things. I guess in general that ' s where I was coming from. Conrad: In brief, I'm not sure that I've seen a hardship or a real reason to allow the filling in of the wetlands. I would have a tough time going along with. I don't think the measures pointed out are necessary. I prefer to keep the wetlands operating. It appears from Rockwell's comments, I wasn't sure about the trade-offs that she was mentioning. I was having a tough time interpretting that . Dacy: When we went out to inspect the site , as you know, the area has been cultivated. What she came back and said was that it's not good for habitat purposes. However , it is performing some type of function for storm water run-off to Bluff Creek. All that's out there now are the regrasses and so on. It is not protected by the DNR because of their particular restrictions on vegetation and so on. What she said was that they have looked at the situation where, as in the Centex case, if you alter one part of the wetland, if you improve another part of it, they will accept that. In this case, the applicant has no access to other property. He doesn't own any other property that contains additional wetlands area. He would have to - gain that easement right over to do that. If you deny the wetlands alteration permit , you would in effect deny use of the property as a driving range . Conrad : There are two issues here. As a conditional use permit for the golf driving range. There is also a wetlands alteration permit that we have to respond to also. As I said, based on the Ordinance for the wetlands alteration permit, we haven't solved the problem. There hasn't been a trade. It's almost impossible to solve the problem with the wetland and therefore, I guess I would have a tough time. I don't see how he can maintain the ordinance and the intent of the ordinance with the current proposal . Is there a motion? Siegel : Barbara, don't your recommendations make the wetlands permit applicable to the wetland ordinance? Dacy: Yes. That's true. However, because we are unsure about what would happen to the ordinance amendment in the first case, we really didn't specify a motion as we do in other cases but Gary correct me, your conditions are directed toward gaining additional information and recommending a permit sedimentation basin there if alteration was allowed . Panning Commission Muting April 22 , 1987 - Page 44 Warren: Right . Siegel : And some of Gary's recommendations were contingent on the total project. Not just the .golf driving range right? Warren : My recommendations are based on the total project . Siegel : You had something about run-off from the building . Warren : That ' s correct . Siegel : In lieu of that, does that make any change in your recommendations set by Staff? - Dacy: As far as the drainage issue, it eliminates additional hard roof area, that calculation from the drainage but I think the overall drainage plan and so on still remains intact. All of these conditions could be applied for a recommendation of approval except for number 1. If you have some type of preference for the lighting scheme and you should probably identify the hours of operation if you are going to recommend approval . - Siegel : I thought we already did that with the previous motion? Dacy: Yes, you did but I guess I would prefer that you clarify it in this application . Emmings : If someone were to vote to deny the wetland alteration permit would it make the conditional use permit moot? Dacy: Yes . Emmings moved , Erhart seconded that the Planning Commission recommend denial of the application for the Wetland Alteration Permit. All voted in favor except Siegel and motion carried . Siegel : I thought I was assured that Staff would ensure with their recommendations to satisfy the alteration permit. Conrad : You can minimize the impact on the wetland but the Ordinance says . Siegel : In essence, we are denying the property owner any use of his land . Conrad : No. For a golf driving range because he apparently needs more property. — Siegel : I fail to see the effect of a golf driving range on a piece of bare land to me is less impact on it than any other type of use. — Emmings : He has to fill in the wetlands to use it as a golf driving range. Planning Commission Meeting April 22 , 1987 - Page 45 Siegel : I still disagree. I think Staff came up with recommendations that - the applicant could adhere to and meet the use of the land for his purpose. • Pryzmus : That piece of land has been farmed for 100 years. It was homesteaded and last year with the wettest year we ever had, it was down twice in the spring and in the fall. There has never been any water standing there and so, when you reach your Ordinance about what is a Class A wetland or what is a protected wetland, it's anything that is going to have any water if there is a 100 year rain. Basically, most of your communities are built to Class A wetlands according to that Ordinance so I don't want you to get real carried away with thinking that I'm filling in a lake. It's a piece of farmland. It's low and it's advantageous to me to put in a couple feet of fill so my ballpicker, when it's raining, won't squeeze the balls into the ground. There isn't going to be any change. There isn't going to be any buildings close to the creek. The water will still flow very smoothly. It's going to be nothing but mowed grass and so I think sometimes you're getting a little carried away with what I'm doing in there. The wetlands seems to throw the trigger so address that. It is a farm. It - always has been a farm. There are no cattails. There has never been standing water there ever . I drove through there the other day with my pick-up. Now, it's been a dry spring. Last spring it was the wettest spring we've had for years so it's not wetlands so I want people to realize that. WETLAND ALTERATION PERMIT TO INSTALL THE LAKE ANN INTERCEPTOR AND LAKE VIRGINIA FORCEMAIN IN AND NEAR CLASS A AND CLASS B WETLANDS ALONG THE ALIGNMENT RUNNING SOUTHEASTERLY FROM TH 41 TO TH 5, THROUGH CHANHASSEN LAKES- BUSINESS PARK, NORTH OF LAKE SUSAN AND INTO EDEN PRAIRIE, METROPOLITAN WASTE CONTROL COMMISSION , APPLICANT. Public Present : Leander Kerber 1620 Arboretum Blvd . Barbara Dacy presented the staff report on this item. Leander Kerber : I have concern with it because it's going to go right across the south end of my property on TH 5. I have the property between the City park and the nursery. My question is, as long as it's zig-zagging _ around, why don't they cross the highway down the road 500 feet to 1,000 feet and stay off of my property. Another question is, am I going to be assessed for that now or when am I supposed to pay for it or am I going to have to pay? If so, why? Dacy: The interceptor at this time is not proposed to be assessed during this year and in 1987. The Metropolitan Council will not allow us or allow property owners in that owner to hook up into that interceptor until after the year 2000 so there are no assessments at this time. Planning Commission Meeting September 21 , 1988 - Page 30 Batzli : I know we did . Emmings : The City Council didn ' t but we did . Batzli : I know but there was no residence at all . We never discussed turning it down because the residences wasn ' t located there . PUBLIC HEARING: GOLF DRIVING RANGE AND MINIATURE GOLF COURSE OPERATION, PROPERTY ZONED A-2, AGRICULTURAL ESTATE AND LOCATED AT COUNTY ROAD 117 AND HWY. 5 , JOHN PRYZMUS . A. ZONING ORDINANCE AMENDMENT TO CHAPTER 20 , ARTICLE IV, DIVISION 3, REGARDING STANDARDS FOR GOLF DRIVING RANGES WITH OR WITHOUT MINIATURE GOLF COURSES TO PROVIDE REGULATION OF SIGNAGE , TO PROVIDE REGULATIONS AS TO LIGHT STANDARDS AND TO ESTABLISH HOURS OF OPERATION BEYOND SUNSET. B. CONDITIONAL USE PERMIT AMENDMENT TO INSTALL LIGHT STANDARDS , EXTEND HOURS OF OPERATION BEYOND SUNSET AND PERMITTING THE INSTALLATION OF A SIGN . Public Present : Name Address John Pryzmus Applicant Mike Klingelhutz John Hennessy Jo Ann Olsen presented the staff report . Chairman Conrad called the public hearing to order . John Pryzmus : The hours of operation obviously will be determined as the season goes . Right now I close at 8: 00 at night. The season will be ending here in another month so we ' re closed for 6 months approximately. . . The sign that I put up was the same sign that was approved . A 12 x 8 plywood sign . . . The video games , the City Council I guess we were trying to accomodate children so. . . Other than that, I didn' t think originally the Council had . . .on trees and berming . Now, I think we' ve added 16 more . . .on the site right now. Light standards , basically there isn' t anything that the Council said . . .light standards of a baseball figld or something like that. . . It does help. I ' ve kept the lighting at a minimum so I can extend my hours . When it starts getting dark and people can ' t . . . two closest competitors of mine are 7 Hi and Excelsior . Excelsior . . .days and weekends . The guy at 7 Hi . . . John Hennessy: I live across the street from this thing . So far he has run a pretty good operation. . . . the basic guidelines of the basic. . . I Planning Commission Meeting September 21 , 1988 - Page 31 was not in favor of this at all at the beginning . . . I was vehemently opposed to it . . . . • Mike Klingelhutz : I was planning on . . . it ' s kind of pretty. Batzli moved, Headla seconded to close the public hearing . All voted in favor and the motion carried . The public hearing was closed . Emmings : I just want to ask a few clarifying things here . When he got his conditional use permit from the City Council , did it in fact prohibit from having lighting? Olsen : Condition number 9 of the conditional use permit , there shall be no light standards on the light premises . Hours of operation shall be sunrise to sunset . Emmings : It says no light standards . Do we have a problem with the language there? Was the intention that he should not have lighting? Olsen : That hours should be from sunrise to sunset . Emmings : And I understand he went ahead and put up lights out there? ( Olsen : Yes . Emmings : As far as the hours of operation are concerned , I understand you ' ve been given sunrise to sunset , is that correct? _ Olsen : Yes . Emmings : And has he abided by that? Olsen: No . Emmings : He ' s been using his lights to stay open later . He just said something that sounded like , regarding the sign that sounds like it conflicted with what we have here . He said he was allowed a sign. Was he _ allowed to have a sign? Olsen : No . . . Emmings : I have trouble looking at this , just like concerns of fairness , making me want to help somebody like Stockdale who comes along . I have trouble looking at this objectively because everytime Mr . Pryzmus comes in - here , he ' s already done what he's asking us to do. As I recall , he asked us for a wetland alteration permit after he ' d been told by the City to stop filling in the wetland. We wound up denying that . I 'm not sure I can be real objective about looking at this proposal . Just off the top, trying to be as objective as I can, I don ' t see any reason to change it from sunrise to sunset . He ' s talking about his competitors at the 7-Hi and Excelsior but neither of those places are located in the A-2 district - and I don ' t think we can lose sight of the fact that this is going on in Planning Commission Meeting September 21 , 1988 - Page 32 C the A-2 district . 7-Hi is on a commercial corner and Excelsior is next to a McDonalds and next to a car wash . That ' s not really analogous . But again , trying to be a *little objective about that when we have neighbors out here, a couple of them, who said it' s not really offensive. We got a letter from Art Partridge that doesn ' t agree with that but that may be a personal point of view. I don ' t see any reason to change the hours . Sunrise to sunset seems to be good enough and that may eliminate his need for lighting . As far as the sign goes , if he ' s going to have his business out there , it seems to me and I wish Tim were here to comment on this , but I wouldn' t have any problem with him having a sign except again, we' re in the A-2 and I don ' t know if we want to start putting up signs out there . The sign ordinance again is one of those ordinances that is meant to be restrictive and it ' s not permitted in the A-2. As far as the video games go, that seems to me to be a reasonable accessory use to a minature golf . I don ' t have any real problem with the limitations that they ' ve proposed here. Ellson : Already saying that it has been approved , starting from there , I know that there was an awful lot of hub bub in the past about even allowing . . .but I think miniature golf is a good addition from the standpoint , we voted down a community center . There really isn ' t a lot of places for younger people to go. They' re not old enough to drink . They can ' t go to certain places . They end up hanging around by the McDonalds or they' re accused of rather , you see these kids hanging around different 7 places and I think when I was this age, I played the miniature golf all ` the time . Until 11 : 00 during high school and what have you. It ' s a nice safe place to be. . . to places they could be. I think once you say you ' re a miniature golf course , it almost comes to reason that miniature golf course stays open late and has those younger kids at it and you offer them video games and those are your major customers . The fact that we already _ said you can have miniature golf here I think is an indication to do all of that so I would agree that those hours are good . I would like to see those good outlets for younger people to have an extra night. I can see the video games and the like as well . Batzli : I 'm going to play devil ' s advocate . I think that that would have been swell had we not said that they' ve got to be right next to TH 212 or TH 5 and I don ' t know as though I want my kid hanging out by the highway at 11 : 00 at night. I think the video games do attract them to that. I think that ' s exactly right but I think we created you 've got to be in a traffic corridor to have one of these things and now we' re going to try and encourage younger kids to go. I didn' t know that that was the initial intent so much as it was going to be something where the little kids go play miniature golf while dad takes his swings . Not to be sexist but I thought that was the original intent rather than we' re going to create a haven for kids late at night so I have a hard time with that. I know what you ' re trying to say and I would agree except for that I don ' t think that ' s what we were initially trying to create with this type of a situation . I think they do need a sign of some kind . I again have a real tough time with this being objective because I kind of echo the sentiments of Steve . It does seem like what happens is that he does it and then he comes in when we find out that he does it and says , oh , by the way, can I have that? That ' s kind of irritating . I would basically, other than Planning Commission Meeting September 21 , 1988 - Page 33 allowing the small sign, not want to change anything . Wildermuth : Jo Ann , there isn ' t any signing allowed in the A-2 district now? No signage? Olsen : Not for the advertising of a business . Wildermuth: I wonder if the City Council was thinking when they approved - this permit and there was no provision for a sign . I do think that the ordinance needs some modification for some kind of a sign. If we ' re going to allow commercial businesses in A-2 districts , there ' s got to be some kind of provision for a sign. I don ' t think operating late into the night is appropriate . We' ve either got to look at rezoning or restrict the late hours of operation of the business . A-s far as video games are concerned , _ I guess if I had an objection there , if the Carver County police blotter shows some sort of problem, I guess I don ' t have a feeling one way or the other . Headla : John , do you have a well out there? John Pryzmus : Yes , I do. Headla : And a septic tank, sewer system? John Pryzmus : Yes . Headla : What do you size that for? 2 people or 20 people? John Pryzmus : What the City Council has done at this point was include a holding tank and we have a contract to have it pumped . So we have a men and women ' s bathroom and then there 's a gauge on it and they pump it. The_ well is just like a 4 inch well . Just to comment on the thing about danger , we are putting a fence up so there will be a 6 foot and 4 foot fence . Kids won ' t be able to get onto the highway. They will have to go through the building to get anywhere in this development and back out through this building to get out of there . Headla : We almost religiously watch businesses on TH 5 and no retailing and even though a well and septic system, I think we' re in like a real gray area . I don ' t think we should have even allowed that. I don ' t think you want , we ought to have lights . I don ' t think it ' s appropriate for that area . I think it should be sunrise to sunset. The video games , you _ know John , you and I talked about it when you were here before and the intent was to provide, I don' t want to say minimal but only an adequate number to , if a kid came over with his dad , he 'd play video games while his dad swung but that ' s all . It wasn ' t to attract anybody in to play video games . I 'd like to see us stay at that . Put on a limit to the number of games . I 'm certainly not the one to determine that limit . Maybe _ John has got some good input on the variety but I think we ought to stress that there should be a parameter that it ' s only for to accomodate the customer ' s children while they' re there at the golf. I do like the pondscaping . It is very good. That ' s all I have. Planning Commission Meeting September 21 , 1988 - Page 34 John Pryzmus : If you want me to comment on the video games . That building is just a little over 800 square feet so you get a pop machine and the candy machines and change machines , you can ' t get over 8 or 9 machines in the place so it never could become an arcade. A video arcade type of place . . .which means there are some top video games but . . . 40 or 50 kids coming out to hang out, we just couldn ' t accomodate them. We wouldn ' t . I have a manager and basically gearing it towards the professional , serious golfer . The miniature golf course were designed and built tough . . . .one small course for little kids . I think we ' re trying to accomodate the whole family. It 's not that big a building so an arcade part of it won ' t fit . Conrad : My brief comments are very in sync with what I 've heard . Based on the intent of the agricultural area and what we' re trying to do in the A-2 district , I think some things are not in sync with what is here and I think lighting standards and late night operation are simply not in sync with what we ' re trying to do in the A-2 area . I think sign installation is important but I think what I 'd like to do there is talk about passive signage rather than active signage. Again , if we ' re in daylight hours , if we ' re operating in the daytime, I think we can have signage that is not neon signage, that may fit in character with the area . I think if we allow the business to be there, I think it ' s appropriate to let them advertise that they' re there . There' s no reason we should prohibit that but I also think because of the agricultural area , the sign has to be consistent with that area itself which means we restrict neon and aggressive flashing , we always restrict flashing but we may want to dictate a few more restrictions in terms of signage. However , I do believe it ' s appropriate for a business that we ' ve allowed to go in . Never been an advocate of video games out there so I have a tough time recommending a number on that. I think the purpose on that and the reason that we felt that it could possibly go out there was simply using the land as it was and keeping some of the character of the land at the same time . _ I 'm not sure video games is in sync with my understanding of that . I think Jo Ann , what you presented us tonight is a zoning ordinance amendment but basically as I read that , it ' s an updated zoning ordinance for the conditional use. You ' ve basically worked in the current conditions with the recommended conditions , or Barbara has . I 'm not sure adminstratively how to handle this . I think we have to go through one item at a time and decide whether we feel it should be incorporated into the amendment and more than likely I don ' t see , if anybody agrees with me , our signage comments , I don' t see us approving this tonight . I see staff coming back with a recommendation if we believe signage, or anything . If we want lighting I think there has to be standards for lighting . Wildermuth : There should be a lighting standard and I think we ought to address this issue that . . . it ' s an accessory business function . Batzli : I think in essence it changes depending upon whether you allow lighting . Because if you allow light , let ' s say you allow the driving range can only be operated from sunrise to sunset but you allow the miniature golf to be lit , then I think we do get a kids hang-out more . Although it was an accessory use during the day, perhaps it becomes the dominant use at night . I think that ' s an issue that has to be addressed Planning Commission Meeting September 21 , 1988 - Page 35 before we tap all the other ones . Whether we ' re trying to promote that . Conrad : Promote what? Batzli : Nighttime use . Conrad : By agreeing with allowing nighttime lighting , you ' re going to tell us right? Batzli : Well , yes and no. Are we allowing nighttime lighting for the driving range or for the miniature golf course? Conrad : We don ' t know. Emmings : To take what Brian is saying one step further , he split them in half. Are we talking about lighting for a driving range and are we talking about lighting for the miniature golf. The miniature golf , originally we only approved that as an accessory use to the driving range which was supposed to be the primary use . Batzli : There ' s a lot to talk about here. Conrad : Let ' s talk about it . Do we want to be as routine as going through these and give direction to staff on the various issues? Which ( ones to pursue . I think that ' s what we have to do. Emmings : Are you talking about tabling this? Conrad : I think we have to table it because it ' s certainly not in the form tnat I feel comfortable with if we were to send anything along unless _ we reject it all . But I think there ' s some valid things that we should look at. In terms of lighting , we ' ll go through the three items that we ' re talking about , in terms of lighting , what do we want to do in terms of lighting? In the agricultural area for this type of a use, are we comfortable with the daytime hours or do we feel that we should allow, and what ' s permitted based on the conditional use permit is the driving range and the miniature golf . Do we want it to occur at night , and I 'm not against what Annette says , having recreational opportunities here because I think we then to zone those things out of town and I 'm not against that . Yet on the other hand, looking at the ordinance, and looking at the purpose of the A-2 district , what do you think? I ' ll just go around . Emmings : Sunrise to sunset . Ellson : 11 : 00. Batzli : I could a little bit after sunset but not to 11: 00. You can fish a half hour after sunset . Conrad : But do you want lighting standards so you can operate the operation in the dark for miniature golf and the driving range? Planning Commission Meeting September 21, 1988 - Page 36 Batzli : I 'm torn because I have gone to driving ranges at night and I 've enjoyed it immensely but from a planning perspective in the A-2 district along a highway, I don' t know if I want it at night. Emmings: You have to declare yourself. One declarative sentence. Batzli : Sunrise to sunset. Wildermuth : Sunrise to sunset. Headla: Sunrise to sunset. Conrad : I 'm comfortable with that too. So what we' re saying is no nighttime use. Olsen : What we have, we have the proposed amendments to the zoning ordinance on page 4, (b) would remain as it is originally. The hours of operation shall be from sunrise to sunset. Do you want to just go through these? Would that be easier to go through each one of these? Emmings: (a) already exists right? Olsen: Right . CEmmings : We' re not talking about changing (a) . -" Olsen : And (c) is the same . (d) would be the same. (e) , (f) and (g) are the ones that you would need some discussion on. Conrad: So now we' re getting to request number 2. Installation of the sign. Steve , do you agree with signage in this area? Emmings : I like very much what you said about not illuminated signs . Some sign that would be visible in the daytime and would be not visible at night. Conrad : Annette , you can' t agree with Steve. You can' t because you want to operate at night so you would have to lean. . . Ellson : You took away my night so. . . Conrad: You' ve got to be consistent here. Ellson : Yes , I 'd like to see a sign. . . Conrad: So some kind of sign. r Batzli : Small sign. Wildermuth.: I 'd like a small sign. IL- Headla : . . .we' ve got to do signage. Planning Commission Meeting September 21 , 1988 - Page 37 Conrad : I guess on that one , Jo Ann I think you should bring back to us a recommendation on what kind of• signage would be appropriate out there . We ' re not trying to hide , it was approved to go in and it is a big area but we don ' t want it illuminated. We ' re not trying to scare the neighbors - but we have to inform people that it ' s there. Video games , installation of video games . Dave, we ' re going to start at your end. Do you think they should be allowed and if so, I think based on City Council ' s _ directive and Jo Ann, does City Council like the video games? Olsen : I think they liked them. Conrad : So based on what they feel , we ' re being real arbitrary here . I don ' t know if 2 or 5 or 8 , I don ' t have a clue what the right number is and I hate to get into games when you start dictating some of that stuff . -- Is there a number that you want to hange your hat on and say this definitely is a secondary use to the primary purpose of the site? Is there something that you feel good about? Headla : No, I 'm not that familiar with video games to hang a number on . . . . 100 video games but if you ' ve just got a coin machine, yes that ' s different. I think we should send a signal we ' ve got to limit the number and let that number be negotiated between the staff and John . But with the clear intent , it ' s a passive situation for people to entertain while some of those other things. . . Pretty soon we ' ve got another 1, 100 square _ ( foot building with more video games in it . Conrad : Do you think the building , like John said , the building is going to dictate what he can put in it. Is that a better way of doing it? The - City Council allowed an 800 foot building . Wildermuth : The City Council could allow a 5, 000 square foot building. Headla : Yes , I ' d like to see the number of games set because I don ' t know, the next thing may have another building . Wildermuth : I think we ought to have an ordinance requiring licensing of video games and that ordinance should be a parameter or index of the number of video games per square foot . . . Conrad : What do you think Brian? Batzli : I think 10 is a great number . Seriously, I never considered that prior to 10 seconds ago. I think that 's probably a pretty good idea . In the meantime , I think in this instance , I think 10 is a fairly good number . Actually, it might depend more so on the number of spots you have for people using the driving range than square footage of the building . It seems to me that it would be more appropriate to link it to that. 10 might be a good number . Headla : How about linking it to parking spots? Batzli : Perhaps parking spots . I think it should be an accessory use . Planning Commission Meeting September 21 , 1988 - Page 38 -C Wildermuth : It should definitely be low because you ' re outside the MUSA line. Batzli : I think it should be clear that it ' s installed as an accessory use too . Ellson : What number did they decide on , 10? 10 or under sounds fine to me. According to this , it says one time the City defined an amusement arcade as having more than 5. It sounds like it ' s an arcade if you have 6. If you don ' t want it be an arcade, than it gets back to 5. I don ' t mind it being there . The number doesn ' t really make a big deal to me. . . Emmings : The number obviously is arbitrary and if 10 makes people happy, it would make me happy too . I think one way to be sure that this stays an accessory use is the hours that the building can be open would be the same as the driving range . You can ' t have that building open and the driving range not open. Headla : That ' s a good point . Conrad : You want to come up with an ordinance to license and what ' s the purpose of doing that? What does that do for us? Wildermuth : It . . .concentration so thereby you control . . . CConrad : Is that common to do? Are you making this up? Wildermuth : I know of other cities that have licensing requirements for doing that . . Conrad : What do we do in Chanhassen? Olsen: I don ' t think we have a license for games . I could check with Public Safety, I know we just passed a solicitor ' s ordinance . Emmings: Did you say what you thought about video games? Conrad : The first time through I sure did . I don ' t like them but specifically in terms of numbers , I don ' t care. It ' s arbitrary. I don ' t like arbitrary numbers . It ' s almost like the 1 mile radius for a contractor ' s yard . Emmings : We do it all the time . Conrad : I think tying it to hours of operation is real valid but I think we definitely want to make it a secondary use to the site which is real - important . I guess Jo Ann what I 'd like _us to do is have you come back and talk about the benefits of licensing . If we need that and maybe somehow give us a way to say, a way to say 10 is a number or 100 is a number but for us to pick out something. I 'm comfortable with the building size , to tell you truth , limits it but I don' t think everybody else here is so we need some planning input to tell us how to do it . Based on square footage. Based on parking stalls but very definitely Planning Commission Meeting September 21 , 1988 - Page 39 based on a secondarysupportive use pp e to the prime use . Okay, we' ve talked about those three. That means that we should table this item. Emmings moved , Wildermuth seconded that the Planning Commission table both the Zoning Ordinance Amendment to Chapter 20, Article IV, Division 3 and the Conditional Use Permit Amendment until staff can come back with more information. All voted in favor and the motion carried . Olsen : Did you want to , just for my benefit , the conditional use permit , _ we do have specific conditions for those light standards that are on there . I was wondering what I do with the conditional use on that part . Wildermuth: Just take the lights right out . Conrad : The lights are gone. Olsen : You don ' t want lights? Then number 3 would be whatever we come up with and 4 would change to sunrise/sunset. Emmings : Wait a minute . Conrad : I think your wait a minute is probably valid . CWildermuth: This ordinance is for this particular driving range and miniature golf course , right? Emmings : No . Anyone that would come up . They' re dependent to TH 5 and TH 212 and it would affect anyone that would come in under , so it ' s general too . Conrad : It ' s being done in response to what he ' s already done and we' re approaching it from a forget about him for the time being. Should we take a look at . . . Wildermuth : There should probably be some room in there somewhere that would allow a nighttime operation so we probably ought to leave the lights in . Batzli : The next issue is , what if we ' re allowing a golf course with a driving range and they want to put up some lights? If it ' s a private course? Emmings : That ' s different use . Batzli : It ' s in A-2 . You could put it in the A-2 . This would cover it . Emmings : Here you have the driving range as a primary use. There you' ve got a golf course as an accessory use that ' s a driving range and I think we can probably. . . Here , Jo Ann , in her conditional use permit discussion on number 2 , she says he can light for security. It should be allowed for that so we ' re going to have to look at that . Planning Commission Meeting September 21 , 1988 - Page 40 CWildermuth : But in an A-2 area , probably the security lighting allowance would be the same as any farm. Batzli : Why were the tees to the left going to be illuminated? Emmings : So you could use them. Olsen : We' ll come back with the amendment and at that time you can adjust for the specific conditions of the conditional use. SITE PLAN APPROVAL FOR A SELF-SERVICE CAR WASH AND AUTOMOTIVE SERVICE STATION LOCATED ON PROPERTY ZONED BH, BUSINESS HIGHWAY LOCATED AT THE NORTHEAST CORNER OF TH 5 AND TH 101 , AMOCO. Jo Ann Olsen presented the staff report. Jim Filippi : My name is Jim Filippi and I 'm with North Star Engineering Consultants and I prepared the plans here. I represent Amoco Oil Company who is , by the way, the property owner of record on this . The only property owner of record and I think there' s been some confusion over the years as to where that ownership lies but in fact Amoco Oil Company is the owner of record. What I 'd like to do is just pass around an artist' s rendering of what it is we ' re proposing to build . Then what I will do , if C I may, because of the lateness of the hours , is I will address very quickly some of the peripheral site issues because I think what we ' re talking about , as you can boil the entire issues on this site right down to this one curb cut right here and whether it ' s a single driveway or two driveways with the curb cut and that' s the only issue that really stands up when everything is said and done . We ' ve gone through the staff report . The parking is one issue identified as needing 5 spaces instead of 4 which we have proposed . We were reading the ordinance as basing it on 1 per 200 square feet of retail store area which in this case is 724 and that includes the coolers , actually 528 . The entire building is 1, 030 and that includes storerooms and the restrooms and the corridor areas and is not in fact retail space . In addition , the service station characteristic of this , which is what it is , an automobile service station, calls for 4 parking spaces and 2 for service bays which we do not have any service bays so therefore we feel our parking requirements would be 4 . Handicap spaces are provided at the rear adjacent to the 2 handicap ramps along the sidewalks adjacent to the building . We have an issue that staff has indicated that , I think that is discussed in vehicular service area or the driveways should be pulled back 25 feet . We feel that applies to the parking and parking areas and in fact Section 20-1191 from the regulations requires only a 10 foot strip of land between the abutting right-of-way and the vehicular use areas which includes driveways under your definition required and along TH 5 we do meet that 10 foot requirement. So we don' t feel that we do have a variance or any other necessity to move the proposed driveway access areas along TH 5. Conrad : Jo Ann , what ' s your response? CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT 1 . Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for : A golf driving range with a miniature golf course . 2 . Property. The permit is for the following described property in the City of Chanhassen, Carver County, Minnesota: See Exhibit A. 3 . Conditions . The permit is issued subject to the following conditions : 1 . Submission of a revised grading plan by December 1 , 1987 , showing the proposed limits of grading, methods of erpsion control where necessary indicating the size and revised loca- tion of the parking lot and club house 100 feet from the cen- terline of County Road 117, and proposed berm areas around the putting green and miniature golf course area. The parking area shall be paved. City staff shall review and approve said plan prior to activity occurring on the site. 2 . Submission of a revised landscaping plan by December 1 , 1987 , to add a 2 foot evergreen hedge and 6 ' trees in front ofthe proposed parking area. City staff shall review and approve said plan prior to activity occurring on the site. 3 . Fencing on the property shall not exceed 6 feet 6 inches in height unless authorized by conditional use permit. 4 . The two septic system sites along County Road 117 shall be protected from grading activities and shall be staked and protected in the field. 5 . The applicant shall install a holding tank and shall comply with all the requirements of Ordinance No. 10-B. A copy of a contract with a licensed pumper shall be provided prior to issuance of the septic permit. 6 . The applicant shall comply with the requirements of the Watershed District, Fish and Wildlife Service, DNR and any other legal jurisdiction as it relates to utilization of the site. 7 . There shall be no alteration to the wetland area except for the planting of grass seed and periodic disking of the site. There shall be no filling , grading or other alteration unless approved by the City Council through the wetland alteration permit process . 8 . The applicant shall provide proper financial security in the amount of 110% of the cost of the improvements to the site prior to December 1 , 1987 . 9 . There shall be no light standards on the premises . Hours of operation shall be from sunrise to sunset. 10 . The applicant shall pay all fees incurred by Resource • Engineering by December 1 , 1987 , and shall be responsible for future fees if services by Resource Engineering are deter- - mined to be necessary. 4 . Termination of Permit. The City may revoke the permit following a public hearing under any of the following circumstances : material change of condition of the neighborhood where the use is located; violation of the terms of the permit. 5 . Criminal Penalty. Violation of the terms of this conditional use per it is a criminal misdemeanor . Dated: . \, l 7 CITY OF HANHASSEN // 1/4 Its Ma or By: /4 Its Clerk STATE OF MINNESOTA) l ss COUNTY OF CARVER ) The regoing instrument was acknowledged before me this 42,,ArJ-day of , 19i? , by Thomas L. Hamilton, Mayor, and Don Ashworth, City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation. C=d) K" ."N J. E�"'��=JT Notary •ub is _ -to nO;'Sr PU_UC - f' _IOTA ft's' CAF'.[n - TY s�J My o°'".-�u: n eai;;-.s t_-1C>41 City Council Meeting ist 22, 1988 /• Councilman Johnson: By our next Council meeting? Mayor Ha<<ilton: Sure. September 12th. -11 Councilman Johnson: Would you like to add that to the motion Bill? To bring us a schedule by September 12th? Councilman Boyt: Sure. Councilman Boyt moved, Councilman Horn seconded to approve the Assumption Seminary timetable for securing the buildings on the property as proposed and to direct staff to bring an updated schedule back by September 12, 1988. All voted in favor and the motion carried. REVIEv7 PRYZMUS DRIVING RANGE AND MINIATURE GOLF COURSE. Barbara Dacy: The applicant is here tonight also and we've reviewed the Conditional Use Permit and what exists out on the property today. The summary on page 4 identifies 3 items which I believe we resolved and then possibly a fourth one would be also removal of the building parts that are located between the parking area and the street. Two items were not discussed during the most recent application process in 1987 and 1988. Those two issues were installation of video games and vending machines and the installation of a sign. As to the sign, that is a typical accessory feature to an operation such as this but video games were not discussed at all. Mayor Hamilton: John, do you have anything you want to present? John Pryzmus: I guess I really don't. I opened up on the 5th of July and it's been a long hot summer.. . The progress so far has been a little slow. .. Some of our plants and trees will be later on in the fall. As far as the steel building, I'm working right now on selling it. I don't know, I'd prefer to get it sold rather than try to find someplace to store it. If it's a sight problem and I don't get it sold by next month, what I possibly could do.. .so it wouldn't be visible. Like I say, it's been slow but everything is coming together. Mayor Hamilton: You're willing to put the culvert in and the driveway? That apparently wasn't done. You've got to put a culvert in there. The evergreens you're going to do. Have you gotten permission from MnDot to put them in the right-of-way? John Pryzmus: The culverts are all in. Mayor Hamilton: No, I mean the trees. Barbara Dacy: There are no trees in the right-of-way. Mayor Hamilton: The berm was supposed to be located right? Barbara Dacy: If he wanted to install the berms that he had originally indicate.:, they would have to. City Council Meetic,y • 'ugust 22, 1988 John Pryzmus: The berms are there. As far as the trees, I won't be able to plant, only 2 feet out of the right-of-way so I will be working with the Arboretum. Right now they have some different planting shurbs that I'd like to plant all along the site. .. I'll put the evergreens inside of the fence. Mayor Hamilton: And you're going to take the lights down that you've got in there as recommended by staff? The lights that you had put out there, you're going to remove those? John Pryzmus: At this point, all my competition has lights. I wouldn't financially be able to compete with them so at this point, I guess I won't. Mayor Hamilton: So you want us to shut you down then? You're not in conformance with your conditional use. It was frau sunrise to sundown. John Pryzmus: That was back when we had the sunrise and sunset. In the original, when just the driving range was approved and I guess we didn't go over it all... Mayor Hamilton: Any questions? Jay, anything? Councilman Johnson: Yes, I want to know how the kids are enjoying the cigarette machine. You say your vending machines were for the children. I don't _.cc, I'm an anti-smoking advocate to a point, I don't see encouraging. I believe smokers need their own little roam they go off into and fill each other's lungs but I don't see at a family recreational facility that we should be selling cigarettes. I'd like to ccc, if we're going to consider it, I don't have any . problems with one or two video machines as long as we don't became a video arcade where the primary purpose is to play video games. As a slight accessory to putt-putt, on a hot summer day came in and cool off for a while and play a couple games of Donkey Kong or whatever, no big deal to me but if you start getting 10 or 15 video games in there and the place turns into a teenage video hang-out, that's going to be a problem. Cigarette machine is definitely a problem with me. John Pryzmus: I have no problem. I don't smoke and I don't have any problem with taking that out. They put them in there. I didn't ask for it. It was part of what came with the machines. Councilman Johnson: You can blame us. John Pryzmus: Well, it don't matter... Councilman Johnson: Does that sign need a sign permit or anything Barb? Normally you can get such and such a sign if you have a business right? Barbara Dacy: Right. A permit would be required except we amended the ordinance to allow a driving range and miniature golf course. Unfortunately we didn't address in detail of how big the sign should be. Councilman Geving: I think John you made a lot of progress out there. I'm pleased to see it's coming along. The few things that we've got remaining here are pretty minor. You apparently are working towards getting those trees in this fall and you indicated there were berms there, I don't remember seeing any 61 - -City Council Meeting - .t 22, 1988 berms but if that's in the conditional use permit, we ought to look at that. There seems to be a difference of opinion between yourself and the staff on 17- where the berms are or where they should be. How many video games are there out there? John Pryzmus: There's foogball and hockey. Mayor Hamilton: There must be 4 or 5 I suppose. Councilman Geving: Okay, I guess when we discussed this way back when we were talking about the difference between a business having 1 or 2 machines versus an arcade and I think we came up with, is 6 the magic number? Do you recall that 6 is an arcade? Barbara Dacy: There are no definitions. Councilman Geving: Okay, I guess maybe we were thinking of that at one time. I don't see any big problem with the few items that we've got here. The only one that we did have a lot of discussion over John was the light standards. That there wasn't to be any lighting on the facility. I don't have a real hard feeling about that but I think if we're going to go that route, we're going to have to come back and talk about it again because I can see where that would extend your business day. Does it give you another half hour or something? John Pryzmus: What it does is, in the evening as the sun goes down, before it gets too dark, I would assume that, I've talked with all the neighbors and it will keep it open on a nice evening for another half hour-45 minutes rather than sunset. Basically I've kept my standards. Floods up on the out lights and keep them shining down. I'm not putting then in a high place like a ballpark or anything like that. I wasn't... Councilman Geving: I think our discussion when we talked about lights were something far different than what you've got out there. I think we were thinking that we wouldn't let John have these big light poles and lots of problems with any neighbors that might object to that but I see no objection to what's out there now. I don't have any problem with that John except that it's not on your conditional use permit. That's all I have. Councilman Horn: I guess I don't have any problem with the sign. To me it looks like a reasonable sign for that kind of a business but again, I supposed we should discuss that.. . Mayor Hamilton: That can be discussed through the ordinance process. Councilman Horn: I also agree about the lights. I don't see anything. The lights are mainly in the mini-putt area aren't they? The lights are mainly in the mini-putt area? John Pryzmus: Yes, they follow the path. There are two rows of trees that follow the path and they shine towards the mini-putt area. .. Councilman Horn: I realize we didn't allow those but again, Dale said we had envisioned something totally different. I also agree that there should be _ vending machines out there. People should have access to pop. You don't have 62 City Council Meetin, (gust 22, 1988 any water on the site do you? Like a water fountain so this is really the only thing. . . John Pryzmus: Yes, I haven't had it hooked up yet. I do have a. .. Right now I have the Pepsi-Cola Company with automatic cooler. Like I say, the cigarette machine wasn't one of the machines that I had brought it. The vending' company - brought it in. I didn't order it and I can have them take it out of there. .. As you get the grass to start growing out there and eventually. . . As you come in there's one berm that's maybe 7 feet high in front of the building, but some of that might even. .. but I will be working on it right on through the fall to hopefully. .. Councilman Horn: I don't have any problem with anything I see out there. My only recommendation would be that I think it would be better, and you may disagree with this, to come to us with what you've done and we would agree with it. Whereas to go ahead and do it before we get a permit to do it can sometimes cause yourself more grief. John Pryzmus: There are some things that I changed.. . Councilman Boyt: I see where staff recommends 8 foot evergreens instead of 6 foot. Barbara Dacy: Yes but since the berms are 6 feet, there's a disagreement so.. . Councilman Boyt: I didn't hear it as a point of disagreement along the highway. John Pryzmus: I don't think that would be done... Not all of them, everyone is put on the road. The shorter ones will be put inside. Councilman Boyt: I hope you're successful with this. I've got to tell you that it bothers me when anyone intentionally violates the standards the City has set for their development. You won't convince me John that when you put those light - standards in you thought the City gave you approval to do that. What that means is, you decided that you're going to do that business the way you need to do that business arra then you'll cane back to the City and get approval. I don't _ think that's a smart business approach. I think that we should definitely look at the sign to be sure that it fits within the standard size for signs. I suspect it does. The light standards, we need to have those inspected by staff to be sure that they're directed so they don't shine on the highway at all and good luck. I hope to get out there and use it sometime. Barbara Dacy: Given the Council's discussion, I guess what I would suggest is that the applicant apply to amend his permit regarding the light standards and the sign issue or the Council look at a ordinance amendment. Councilman Boyt: I think we should consider hours of operation too. Mayor Hamilton: Yes, I think John should come back, hours of operation, light standards and the trees. • John Pryzmus: I'll bring that up to staff this week. 63 City Council meting - t 22, 1988 — Mayor Hamilton: So we need to table this until, oh and the sign also should be a part of that. — Bernie: I have not been following this but I am wondering why the restriction is placed on a businessman to have restricted hours when the competition certainly dictates that putt-putt courses, their best hours are from 8:00 to 10:00 at night. I'm wondering why his position is so unique that we should have to restrict him from sunrise to sunset? Mayor Hamilton: When we first looked at this Bernie, John had a hand drawn plan that he brought in here and the neighbors objected to it. We tried to work with John all the way through this process and it's been kind of one frustration after another and just as it occurs now he's got lights out there that were not approved and he goes ahead and puts them up there without getting permission frau the City. If he wants to have lights out there, he should cane in here with a plan like anybody else that's going to try to do something. To just go ahead and do it, like Bill says, that's not the right way to do it. This was several years ago when the first plan came along and we said we weren't going to allow him to have the high pole standards and at that time was when we said sunrise to sunset would be his operation. So I think since that time John has talked with the neighbors and they have seen that it's not going to be the nuisance that they thought it was going to be but he's got to cane back to us with an amended plan to try and change it. John Pryzmus: .. .I have worked with the neighbors. .. Councilman Johnson: When you started talking about your water system, I hope you realize that when you start serving that water to people, either in that machine or in that water fountain, you have created a public water supply by State Law and you have to do certain water quality tests on that on a routine basis. You'll need to coordinate that with the County Health Department. You'll need to do that and file your reports of this. At one of my rural plants I work with, they have one coffee machine that is hooked up to water, otherwise they have bottled water everyplace. We got stuck because you have more than 25 _ employees there, as a public water supply system. So you're in the sane boat there so watch out for that one. Mayor Hamilton: He hasn't hooked it up yet. Councilman Johnson: It's a fairly simple test and I think they're probably going to be annual tests, I'm not sure. Our test requires to be once a year testing for bacteria and that kind of stuff. Mayor Hamilton moved, Councilman Geving seconded to table review of the Pyr anus Driving Range and Miniature Golf Course until a plan is brought back with additional information. All voted in favor and the motion carried. REQUEST FOR KENNEL PER'IIT, 1630 LAKE LUCY ROAD, PHIL MATHIOWETZ. Jim Chaffee: Mr. Mathiowetz is here who is the applicant for the kennel permit. He is here because we've had complaints from a neighbor, Mr. Krueger, which I'm sure Council is well aware of since he was sending all the information on the 64 CITY of ,\ cHANHAssEN :� _ . • . . ., . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 f " (612) 937.1900 • FAX (612) 937-5739 October 25 , 1990 Mr. John B. Pryzmus J . P. Links , Inc. 7750 Galpin Boulevard - Chanhassen , MN 55317 Re: Grading Permit Application for Swings Golf Range - Amended Conditions of Approval Grading Permit File No. 90-32 Dear Mr. Pryzmus : This letter is a followup to our meeting on Tuesday, October 23 , 1990 with Planning Director , Paul Krauss , regarding the con- - ditions of approval for your grading permit. As agreed, a permit will be issued contingent upon the following conditions: 1 . The earth berm along Galpin Boulevard (County Road 117) shall be continuous two-tier, two foot high rock retaining walls , not to exceed an accumulative height of four feet in lieu of the three foot high earth berm previously required. 2 . Provide the City with a financial security in the form of a letter of credit or cash escrow in the amount of $1,000 to guarantee erosion control measures and site restoration. 3 . All disturbed areas shall be seeded and disc mulched or sodded prior to November 15, 1990. 4 . The grading permit fee shall be calculated according to the • 1988 Uniform Building Code Table No. 70-B for grading 400 cubic yards of material. 5. Erosion control measures (hay bales) shall be maintained throughout until vegetative cover has been fully re- • established and removal is authorized by the city engineer. 6 . Any future expansion or grading activities will require another permit application and will also require an approved • site and/or grading plan by the Planning Commission and City Council prior to commencement. / John B. Pryzi,._s .011/// October 25 , 1990 Page 2 7. The grading activity that has occured adjacent to the creek located on the northerly portion of the property shall be removed back to a point to be determined in the field .by City staff . 8 . As agreed , the expansion to the parking lot and driving range is not permitted without receiving an amendment to the Con- - ditional Use Permit to allow expansion of the existing faci- lity. This expansion is not included in the administrative grading permit. Therefore, the driving tee and parking lot must be removed or transformed into berming purposes. 9 . A building permit is required for the installation of the fence proposed around the site. If you are in agreement with the aforementioned conditions of approval , the City is prepared to issue and grant you a grading permit for berming purposes , including site restoration. Upon receipt of a check for $84 and security in the form of a letter of credit or cash escrow in the amount of $1 , 000, I will process your application and issue you a grading permit. If a grading permit is not obtained and complied with, the site must be restored to original grade and condition as soon as possible and no later than November 15, 1990. Failure to comply with either scenario may result in further action by the City. • If you have any questions, feel free to contact me. Sincerely, CITY OF CHANHASSEN • David C. Hempel Sr. Engineering Technician • DCH: jms c: Gary Warren, City Engineer Charles Folch, Assistant City Engineer Paul Krauss , Planning Director Steve Rirchman, Building Official • Roger Gustafson, Carver County Engineer Bob Obermeyer, Riley-Purgatory-Bluff Creek Watershed District CITY OF1041°1111 C A NIIASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 January 11, 1991 CERTIFIED Mr. John Pryzmus J. P. Links, Inc. 7750 Galpin Boulevard Chanhassen, MN 55317 Dear Mr. Pryzmus: On November 28, 1990, the City sent you a letter in regards to your grading permit #90-12 . The letter stated that a condition of the grading permit was for you to submit a conditional use permit and site plan review application for expansion of the Swings Golf site. The City established a deadline of January 7, 1991, for receipt of the application. As of January 11, 1991, the City has not received the application, nor has any contact been made by you to the City. The City will grant one last extension until Tuesday, January 22 , 1991 , for the application to be submitted. If the complete application is not received by January 22nd, the City will place your conditional use permit on a future City Council agenda for consideration of revocation. Should you have any questions, please feel free to contact me. Sincerely, ;,\ 39c0,7-„7-, o Ann Olsen Senior Planner JO:'v CITY OF 111111011rCHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: JoAnn Olsen, Senior Planner FROM: Steve A . Kirchman, Building Official OWL-) DATE: May 8 , 1991 SUBJ : Planning Case IUP 91-1 ( Swings Miniature Golf ) It is not clear from the building file why a holding tank was originally permitted on this property . Minnesota Rules chapter 7080 " Individual Sewage Treatment Standards" was in effect at the time of building permit issuance , and septic sites had been designated on the approved site plan. The holding tank is a prohibited installation . A permit , however , was issued requiring a pumping contract with receipts being sent to the City. These conditions have never been met . The approved building plans require sanitation facilities and ventilation conforming to UBC 705 . These requirements were never met . The only inspection requested by the contractor was the final , despite required inspections being noted on the approved plan. The final inspection did not pass , and no Certificate of Occu- pancy has every been issued. I strongly urge that no further development be permitted on the property until existing violations are corrected. This would include : 1 . Installation of an approved septic system with an alternate site protected . 2 . Existing building must be brought up to code and a Cer- tificate of Occupancy issued . 3 . Application for fence permit must be made and approved or fence removed . . .13 w N 0.0 _ 4 O< Q. p= O L...< '°"� it O ^O"c 7 0 "d A"t O O p ? v D g 3:2.: 5 g.2 3 v �a cb e < m N g o 9 ax N a y � � m $ a. „, ca N � � 5,..c) f ago c C = n 5 sg $ - 5 X070 E m 5 E• :. a ^ 7 N g _ 9 7 `� r9 7 7 7'"W' S �' f n '�' O n ° 4' E d w v Q N d g ° oo a m �+ < 3 m g w a 8 5"' 01 0 5- s 5 Cr ; flu w O 5 a. w ° � � m ., v E.v - 27u, '' " 01 8v^ r� - r5mK5n 7d � '-00N �, r:-. 6 a ' C A n 7 hiE�E ��, 7 00 ' w < :-1 p, 7 c 7 n ^I N rD a O n m p �O 7�p m�G Q. ° O ^ b0'V Q. p� Z '+ C O 11 Oo n "< 5 0. 9 a A 6 n "t--d ,�,, 3 w c p ? p ? .'_. F ..., 5- �. re 00 5 o -v g c c5noK 5 ° N ° = � 7 5' 0 g' K `to ° 7- � u c o o .n. N 3 N o F "oco 7�c 5 N 7 a o C - 7 7 w E. w _ o 5,ti n 5 7- o pa p0 N v - c C !o - 7 • �- w 7' O 7' 5 d A }Y pg fir. 7 m F rj pp < r, ° v' < ¢ t� 7• m V d % 4. - m 5 0. Op •G w 7 ro a n A O .� 7MD 00 n g w E �'. _ 0.]. N 0. N " t� Ww00 5 7 p C �. O• TO �. 7 filifil w 7 S iUli 11tH ryA. CO po 7 IJU R. C 2 • O Ug5. 6 ' sy a �_ �' 76 5 �. ° O S. °. y 5 E n v w a r' w•rr " v 5N ce. a 0 a c7m 7- m ? S w ^ 700 'ao -n- - < .� v p g r 5� ?_ m o 0. 7 ° c a oo g n .. m w g.m P. F 7 0. m ^ 7 �` < Et g m 2 N m -' r n 5 ip 7 N -..!<'' 00 m m c . r9 w'C1 VO eo 0- P. rmi^, a '� q 5 7 r, a � o � g d 05f n'0• o. E. Ugn „ ns r c '^' N .. w E m rnr.0p N 5 m N v 0. 7. g m - w rG 3 7 T v w °� N 7 �° a7 c w e -< < ° C ? O p $ C 7 c c P. a H. O. w y• - �y p S. w 7 t -p ^ 0. m 0. m 7 ^ 0. G ^ 7 d 7 `� 0. raj O C 7c'00 O' N C -.- m S .... C "< . 7 w O ^ V O na „ C ', 7 'd L 0 v 0. �7, 7 � G m G v S. 7 � R ° c, n= = C S c aSC n G. g , C '0 C n 5. a m - c -7 _ 7 -, n: Councilman Wing: On that subject? I wanted to comment Don that on this approval of agenda, that was a new term to me and I wasn't quick enough. I was waiting for approval of the agenda and then I realized I was supposed to speak. _ I would just request , if I'm not out of order, a quick comment under item 7. Council Presentations. On the next Council agenda I'd just like to have the issue of the, I'd like to hear the 'report from the University of Minnesota Goose Removal program and how it affects the City and the possibility of continuation for 1991 and subsequent years. I would just like to, for your sake Mr. Mayor, just put on the record these pictures of my dock. July, 1990 after the goose removal last year. — Councilwoman Dimler: Ah, that 's phospherous loading for sure. Councilman Wing: My request is that it simply be placed on the agenda next meeting. Mayor Chmiel: In other words, where Bambi goes nothing grows. Okay, we'll move on to our administrative presentation. ;14 UPDATE ON SWINGS CONDITIONAL USE PERMIT. SENIOR PLANNER. Jo Ann Olsen: Last fall the owner of Swings started to do some grading on his site without a permit . We went out to put a stop work order on the site and he did pursue with a grading permit but what he was doing actually ended up being an expar-sion of the conditional use permit above what was approved. So as part of that grading permit he had to make an application to come in for am amended conditional use permit so that he could bring his site into compliance. He has not done this after contacts by staff. So originally we were going to bring it on the agenda for consider of revocation of the CUP or the conditional use permit . Instead what we're going to do is just have the attorney's office _ pursue John with a letter stating that he is in violation of the conditional use permit and pursue it that way and hopefully get him to make an application. If not, we will go after him against the violation of the conditional use permit . We felt this was a better way. If we revoke the permit , then actually those conditions are no longer there for us to enforce and we might as well get to the legal process now. I know that John was in today and was aware of this and said he was going to be here but I don't see him. Just wanted to make you aware that we 're doing this internally and that 's it. We'll let you know what happens. Mayor Chmiel : Is there anyone else that would like to address the issue? Don Ashworth: If I may. I did see John in this afternoon. He did seem happy . . .so I'm assuming that he read the report and he's accepting that. Mayor Chmiel: There's only one thing on item number 3 that I looked at. It says prior to November 15, 1990 or should that be 1991? Jo Ann Olsen: No. That was part of the original grading permit so that was 1990 that he had to do that . Mayor Chmiel: Any discussion? John, would you like to come up? Just state your name and address please? 21 City Council Meeting - M; -h 25, 1991 John Hennessy: John Hennessy, 7305 Galpin Blvd. . Mr. Pryzmus is doing I'd say a respectable job out there as far as appearance of the project and everything. The only thing that concerns me is something a little more generic. It 's the precedence that the City is setting. There's no bite to the ordinance. I mean he was out there for a month and a half without a permit . I mean how does this go on that long? I see the City cars going up and down Galpin Blvd. so I know they're doing inspections out there in Pheasant Hills and other places along our road. So why do things just keep going on and on without any enforcement? And this isn't the first time. John's been battling with the City for as long as we've lived there, 8-9 years. It 's well meaning and everything. Mayor Chmiel: Maybe somebody would like to address that specific question. Jo Ann Olsen: As soon as we were alerted to that he was grading illegally out there we did put a stop order immediately. That doesn't necessarily stop him. So what we did try to do is try to work with him to get the site, because when we were made aware that it was already, there were piles of dirt . There were piles of dirt up against the creek also so what we tried to do is to get the site restored as best possible. That's where we went through the grading permit with him to hopefully get him to comply with that and he did pull the dirt back. But I know that it looks like we're not doing anything but actually we are working on it . John Hennessy: well I know it 's not like you have nothing to do up here. Jo Ann Olsen: But it takes a while you know as far as going through that grading pernit and then also to get him to comply. John Hennessy: Has the area to the creek been restored as far as drainage? Jo Ann Olsen: Yes. They pulled the dirt back from the creek. From the edge of the creek. He didn't really get into the creek to impact it. Yes, we pulled the dirt back and got that out of there. That was our main concern. John Hennessy: Okay. Thank you. Don Ashworth: If I could partially respond as well. And again, I haven't talked to Joh recently on this item but we had come to agreement with him as to things that he was to do out at that site. Then he ran into some difficult financial times and literally it was not until the City had actually consummated _ the acquisition of the property downtown that a number of financial conditions that were following John around were actually cleared up. I know during those negotiations he had continued to state to me, Don I'd like to get this thing wrapped up and get some money available because I really want to take and clean up the golf course project but I just haven't been able to do a thing out there because of some of these other problems. He should have gotten a hold of us and verified what he was doing but I guess that's just not John. Mayor Chmiel: Mr. Emmings. Steve Emmings: Mr. Pryzmus has been in front of the Planning Commission several times and I know this is one of those cases where the City keeps bending over backwards and is not met halfway and I know there are some new Council members 22 City Council Meeting - 3rch 25, 1991 who may not be aware of the whole history but I know we've chased him out of the wetland in the past and told him he can't fill in there. He filled in there once before without permission and we chased him out of there and now it sounds like he's working down by the creek. There's no question in my mind he knows full well that he's doing things that the City would not permit and he seems to • just do what he wants to. I think_•it 's important to put that into perspective with it . • Mayor Chniel: Good. Thank you Steve. Any other discussion? Hearing none, I will make a motion to adjourn the meeting. Councilman Workman: So moved. Mayor Chmiel: Is there a second? Councilwoman Dimler: Second. Mayor Chmiel moved, Councilwoman Dialer seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 8:45 p.m.. Subr, itted by Don Ashworth City Manager Prepared by Kann Opheim 23 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: �C 1 �\ OWNER: (--'Y\� ` J "11 C[ ADDRESS: ") S6 CC t t r 1 AI A /14 ADDRESS: c,C S4 rj,`f (-)0.<,23_ PC..AS .L tti t 1,.` S 1. .�_ 14 4 -1 TELEPHONE (Day time) 541 - TELEPHONE: / - 7 -� G' 1. Comprehensive Plan Amendment 11. Subdivision Conditional Use Permit 12. Vacation of ROW/Easements 3 Grading/Excavation Permit 13. Variance 4. . Interim Use Permit 14. Wetland Alteration Permit 5. Notification Signs 15. Zoning Appeal 6. Planned Unit Development 16. Zoning Ordinance Amendment 7. Rezoning 17. Filing Fees/Attorney Cost 8. Sign Permits 18. Consultant Fees 9. Sign Plan Review 10. Site Plan Review TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must included with the application. Twenty-six full size folded copies of the plans must be submitted. 81/2" X 11` Reduced copy of transparency for each plan sheet. * NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME •d? 'SCk) t.14- - 'J LOCATION c--)'7 S4 GfLPivc e1L) 1 LEGAL DESCRIPTION - PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST - This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of - ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge- I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's - •ffice and the ori.'._I document returned to City Hall Records. 0 171-/4 - V _ * nature of Applican' Date g ature of Fee Owne Date A. .lication Received on Fee Paid Receipt No. This application will be considered by the Planning Commission/Board of Adjustments and Appeals on . STATE OF JUN, C`tiC ��4Q DEPARTMENT OF NATURAL RESOURCES GI: : Ms. Jo Ann Olsen City of Chanhassen June 7 , 1993 Page (2) a. The vegetation and topography should be retained in a natural state in the shore impact zone. The minimum shore impact zone is a 25' strip along both sides of the creek. b. The structures in the development should be screened from view from Bluff Creek using topography, existing vegetation, color, and other means approved by the city. 5 . Bluff Creek should be labelled as a Public Water such in future plans. 6. Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. 7 . If construction involves dewatering in excess of 10, 000 gallons per day or 1 million gallons per year, the contractor will need to obtain a DNR appropriations permit. You are advised that it typically takes approximately 60 days to process the permit application. 8 . Construction activities which disturb more than five acres of land are required to apply for a stormwater permit from the Minnesota Pollution Control Agency (Scott Thompson @ 296- 7203) . Thank you for the opportunity to comment. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, Joe Richter Hydrologist cc: Riley-Purgatory-Bluff Creek WSD USCOE Chanhassen Shoreland File Chanhassen Floodplain File 5, :1: CARVER COUNTY COURTHOUSE �` 600 EAST 4TH STREET PUBLIC WORKS DEPARTMENT \ \ / CHASKA,MINNESOTA 55318 (612)44812134 .cr j CL < <a r1 A'NES0 COUNTY Of CA XL C!Ty Ur �r+,_iy7PtiSLf! �.e June 9, 1993 TO: JoAnn Olsen, Chanhassen Senior Planner FROM: Bill Weckman, Assistant County Engineer SUBJ: Interim Use Permit Swings Golf Following are comments regarding the Interim Use Permit request for the Swings Golf proposal transmitted to Carver County by your memorandum dated May 19, 1993. 1. Right-of-way widths listed in the Eastern Carver County Transportation Study for roadways functionally classified as Collector (Class I) are: _ Urban Undivided Rural Undivided 2-lane Roadway 2-lane Roadway Minimum Recommended Minimum Recommended 80' 100' 110' 120' Urban Undivided Rural Divided _ 4-lane Roadway 4-lane Roadway Minimum Recommended Minimum Recommended 100' 110' 190' 200' County Road 117 (Galpin Blvd.) is functionally classified as a Collector (Class I) roadway in the Eastern Carver County Transportation Study. The 33 foot from centerline corridor shown would not provide for a potential minimum 80 foot corridor. This corridor would not meet the needs for an urban roadway. Allowance for future roadway needs should be considered in the expansion plans. 2. Any public utility lines that are to be installed within the CR 117 right-of-way are subject to the utility permit requirements of Carver County. 3. Any proposed grading and installation of drainage structures within the right-of-way of CR 117 is subject to review and approval of the County Highway department. 4. Development activities (including the installation of both public and private utilities needed to serve the development site) that result in any disturbance of the county highway right- of-way (including turf removal, trench settlements, erosion, and sediment deposits) need to be completed in a manner that leaves the right-of-way in "as good or better condition" than what existed prior to construction. Affirmative Arttin/Equal Opprntunin Empliiyr- Printed on Rendell Paper 5. Any trees or landscaping completed within the right-of-way must be approved by the County. When locating shrubs and trees, consideration should be given to maintaining an acceptable sight distance at the proposed intersection. Any trees or shrubs — overhanging into the right of way could be subject to trimming for safety or overhead utility consideration. Thank you for the opportunity to comment on this proposal. CHANHASSEN PLANNING COMMISSION REGULAR MEETING MAY 19, 1993 Chairman Batzli called the meeting to order at 7:40 p .m . MEMBERS PRESENT: Joe Scott , Nancy Mancino , Brian Batzli , Matt Ledvina , Ladd Conrad , and Jeff Farmakes MEMBERS ABSENT: Diane Harberts STAFF PRESENT: Paul Krauss , Planning Director ; Kate Aanenson , Senior Planner ; and Dave Hempel , Asst . City Engineer PUBLIC HEARING: CHANHASSEN VENTURE , INC . WHO PROPOSES TO CONSTRUCT AN 18,522 SQUARE FOOT BUILDING , AN UPPER AIR INFLATION BUILDING FOR LAUNCHING BALLOONS . AND A FUTURE NEXRAD RADAR TOWER FOR THE NATIONAL WEATHER SERVICE ON PROPERTY ZONED PUD-IOP, PLANNED UNIT DEVELOPMENT-INDUSTRIAL OFFICE PARK , LOCATED EAST OF AUDUBON ROAD AND SOUTH OF HIGHWAY 5 IN THE CHANHASSEN BUSINESS CENTER . Public Present: Name Address Greg Doeden 8480 Swan Court Ross Huseby 1431 Heron Drive Ken O 'Konek 1421 Heron Drive Jerry Krieger 2800 Wayzata Boulevard Joe Edeskuty 406 Cimarron Circle Gay Schmidt 8301 Galpin Boulevard Mark Anderson 1441 Mallard Court Kate Aanenson presented the staff report on this item . Chairman Batzli called the public hearing to order . Larry Predwick : First of all let me begin by saying that the National Weather Service is in the process of beginning , or not beginning but in the early stages of a rather large scale modernization effort across the entire country . We 're taking advantage of a lot of new technology which is coming to age right now . We 're working our weather service operations into a format that each office , unlike what we do right now . For example in Minneapolis , at the airport we have what we call a State forecast office . That State forecast office is basically responsible for the majority of the forecasts and the warnings , especially for winter events and so on , that cover the entire state of Minnesota . We 've got local field offices , such as International Falls , up at Duluth , Rochester , St . Cloud and so on that provide some detailed local services . The organization that we 're going into in the future will result in just about each one of the new field offices , which in the state of Minnesota will be at Duluth . Will be at Minneapolis . Then a flank up near Fargo . Or actually Grand Forks . Over _ at LaCrosse and down at Sioux Falls . Is that each one of those offices will , for all practical purposes be equal in the type of service that they will be providing . One of the corner stones behind this new field structure is the new radar system that we are in the process of installing . Planning Commission Meeting May 19 , 1993 - Page 2 The Weather Service is already under contract with the Paramax Corporation to purchase and install this new equipment . It is , to say the least , a major change in the technology that we 're using today . We would be obligated to go through some sort of a change even if it was not for the new capabilities of the system , because quite frankly the radar equipment that we 're using today , we number systems . We call them , like for example you 've heard the number 88-D . WSR 88-D stands for Weather Surveillence Radar , Model 88 Dopler . The reason that the 88 is there is that stands for the year in which the design was locked into place and started using that - level of technology . The current system that we have today , for example the International Airport here , and also at a number of other places around the country is a WSR 57 . Maybe that will tell you at what point that radar was built . In other words , in 1957 that 's the type of technology that we 're using right now and quite frankly we 're the only federal agency that teaches it 's technicians how to maintain vaccum tube technology . Because that 's how old this equipment is . So we would have to replace it no matte what . An important aspect of this technology is , it gives us the ability to look at the atmosphere , especially storm structure in a manner in which we 've never been able to do before . As best as I can maybe give you an - analogy . If you 're familiar with CAT Scan or maybe better correctly an analogy of an MRI . We can do now to the atmosphere with this type of technology what an MRI can provide a doctor with being able to look at the human body in all three dimensions . And also pick out whatever dimension that they want to look at . So consequently it 's important where we place this particular piece of equipment . You 've heard the term an X-ray I 've used and let me begin here by giving you a little quick update on what these terms Nexrad means . Next generation weather radar . It 's going to provide a continuous scanning of the atmosphere , contemplation of severe weather , percipitation estimates and early detection of tornadic storms . _ The system is being jointly paid for by three agencies . The Department of Defense , the Federal Aviation Administration and the National Weather Service . The primary function of this new particular technology is that we 're going to be able to increase the average tornado warning time , improve the accuracy and descriptions about the locations and severity of thunder storms developing a distinction between severe and less severe storms . And just this whole list of things that you can see here which is- not really possible with the level of technology that we 're working with today . For all practical purposes today , the only thing that our radar can look at is what we call reflectivity . This particular new piece of equipment gives us the ability to look at all of these different types of parameters . And I think out of this whole thing there 's about 500 and son._ odd different , individual subsets of this that we can look at . These radars are being placed in a national network . This will give you an idea- of the rough distribution and it 's important where we place these things because what we want to be able to do is to best we can , to cover the entire United States . This particular slide right here shows the coverage at 10 ,000 feet for the country from the network that we 're planning on putting in and with the exception of these places that you see out here , way out west , which is due to extremely high mountains and so on . And also there 's very , very low densities as far as population is concerned . There 's a few places that we 're not going to be able to cover as well as we 'd like . The systems that are going to cover the state of Minnesota are depicted in this slide . See we ' ll have one up here . Actually this is a - little town called Mayville . Weather Service office will be located at Planning Commission Meeting May 19 , 1993 - Page 3 Grand Forks . And then there will be a radar located at Duluth , the one here in Minneapolis and one at LaCrosse , Quad Cities , Des Moines , Sioux Falls . This will give you an idea of the approximate level of coverage . Placement of these is rather important because of the ability to be able to look at the vertical structure of the storms and the atmosphere . It 's the objectives to place these things in the approach zone of severe weather to the largest population center that we 're attempting to cover , which in this particular case is going to be Minneapolis . That 's why in this particular slide you see what the approach zone of blizzards is . Frontal systems . The approach of severe storms , which are also the . . .producers . So it 's important that we place these radars as best we can in certain geographic locations . Also to take advantage of certain topographic features which helps what we call surpress ground clutter . And this is the projected coverage of the radar located at the site that we picked here . This is what we see at 2 ,000 feet or above . 4 ,000 feet and above and 6 ,000 feet and above and the reason that these elevations are what they are , is due to the earth curvature . Unlike conventional radars , this particular piece of equipment operates in an entirely different mode and this slide right here hopefully will give you some idea of what happens . Is that the radar operates at a minimum elevation of a half degree above the horizontal . It makes a complete sweep and automatically tilts up to another half degree and makes a complete sweep . It goes up again and makes another tilt . Makes _ a complete sweep and so on . So it goes through 14 elevations in 5 minutes in this particular mode , what we call volume coverage pattern 21 . It will do it in 6 minutes at 9 elevations and there are several others and so the end result is , is that we wind up getting a volume coverage of the — atmosphere and this will kind of graphically give you an idea of what that looks like . From that then we can go back and because of the computer power that 's available today in fairly small and compact systems , we can go _ and analyze the atmosphere in a manner in which we 've never been able to do before . The site that we picked is actually somewhat of a compromise because there are other sites we looked at and the simple fact of the matter is , this is the best site for the available dollars and cents . And without going into any more details , here 's another couple things here . Since the last meeting that we were at , I brought along a couple of interesting little pictures here that we talked about but I really wasn 't able to show the last time I was here . One of the things that we ' ll do , and why we 're working with the FAA on this is because the system will give us the ability to look at the upper part of the atmosphere in a manner in which we 've never been able to do . Every 6 minutes we ' ll get a complete wind profile . And why the FAA is interested in this is because it also helps provide input as far as information related to wind sheer . I think it goes without saying that if we could prevent one aircraft , commercial aircraft accident as a result of this piece of equipment right here , it would have more than paid for itself a thousand times over . Another thing we can look at , and this is one that I took off of a radar down at Kansas City a few days ago where we had a rather sizeable severe weather event go through . The system can sit there and monitor storms that otherwise we would have to do manually , and one of the things that you will notice that this little juncture right here . See that little circle . What the computer has done is it has analyzed a spot right there and said that at this location the computer has identified what we call a mezzlocyclone . And indeed , because of this particular little indication right here and the subsequent issuing of a tornado warning , about 10 minutes later a tornado Planning Commission Meeting May 19 , 1993 - Page 4 did touch down in this location and moved across just to the north of Kansas City and consequently we were able to provide additional warning time , lead time that we 've never been able to do before . And lastly , thiE is a picture that I took off of the radar at , this occurred last Sunday night . This is from Wichita , Kansas where we had the system operating . You ' ll notice around here in this particular location , correlate this to the percipitation amounts and what it showed here , which we would have not seen before , is we detected percipitation amounts in the 6 to 7 inch range_ in less than 3 hours . And consequently we were able to put up flash flooc warnings for Coffeeville , Kansas considerably earlier than we would have otherwise and potentially may have saved a number of lives in this area because of the indications that we got from here . And as it turned out , y . received an official report , unfortunately had we had to wait on that and not have this radar picture , that report didn 't come in until the next morning but the report came in , 6 .7 inches of rain in a 2 hour period of _ time . So as a result of having this kind of technology available to us , a were able to do a lot better job in protecting both lives and property within that particular community . And with that , that in a nutshell is basically what we 're going to be doing and some information pertaining to - the radar . The only other thing that I might mention regarding the site is , is that one other thing that will be going on there , and some questions had come up about it and that is the launching of a small instrument - package twice a day . What we call an upper air sounding . And I might point out that the balloon that will be released is about twice the size of , and by the way this is what will go right here . Will be released twice a day from a balloon , or carry a balloon that 's about twice the size of this screen and just for informational purposes . Here 's an example of the little instrument package that it will carry . This particular piece of equipment right here is only a shelter for parabolic reflector in there that does not have any radiating characteristics at all . All it 's doing i it 's tracking a little radio signal that comes from this instrument right here . If you 've ever heard of a radio . . . , that 's what it 's called . So , with that I ' ll , unless you have any questions . Batzli : What happens to the instrument once the balloon decides to come down? Larry Predwick: The instrument actually is carried aloft , it gets up to sometimes as high as 50 ,000 to 60 ,000 feet . There is a parachute that 's - connected to it and whenever the balloon bursts , then the instrument is brought back to ground via this parachute . And normally that 's anywhere from 50 to 60 miles down wind and we get about half of these , not half but_ maybe 40% of these are returned . You 'll find on the side of this it says , Notice to the Finder . This instrument is the property of the U .S . Government and explains what it is and inside of it there 's a little mailing package and we just simply ask people to drop the entire package - inside the mailing package and give it to the postal service and they senc it back . And they 're reconditioned and re-released again . The only ones we generally don 't get back are the ones that go into mountains and the ones that we release off the east coast of the United States . Those we rarely see . Any other questions? Batzli : Are you going to address the issues regarding public health? Planning Commission Meeting May 19 , 1993 - Page 5 Larry Predwick: If you 'd like me to do that now , I 'd be more than happy to . Batzli : Why don 't you give us an overview . Larry Predwick: One of the things I think that is a misconception about the radar equipment that we 're using is that , first of all the system is in what we call a volume coverage type of scanning mode . In other words , the lowest elevation at which the antenna can come down to is a half degree above the horizontal . And then the majority of the time , approximately 5 minutes out of every 6 , the antenna is actually raised looking above the horizon . The way these types of radars operate is that they emit a short pulse of energy , literally measured in microseconds . That 's a millionth of a second . Then the radar transmitter turns off and it sits there and listens and waits for that signal to come back . And in a 24 hour period of time , the radar is in a radiate mode less than 3 minutes out of the entire day . The rest of the time that radar is sitting there listening for signals to come back . The Weather Service has studied this extensively in terms of it 's health aspects and this particular document right here , which was issued in April , 1993 , is a supplemental environmental assessment of the effects of electromagnetic radiation from a WSR 88-0 . Now I might point out in here that there are 30 pages of scientific studies that have been conducted with regards to the bio effects of radiation on the human body and these are all referree studies I might point out . And the bottom line of all this is , is that at the face of the antenna , 20 feet away from the actual face of the antenna , the average radiation emitted is .9 _ milowatts per square centimeter . At the ground level it 's .000043 . The standard by the American National Standards Institute is set at 5 milowatts per centimeter . I might point out that that is 8 , no . That 's 12 times less than the average amount of radiation that somebody would receive in 6 minutes in the sun . In terms of the system that we 're operating at ground level , that 's 10 ,000 times the radiation level from that radar unit . 10 ,000 times lower than the minimum standard established by the American National Standards Institute . Now the reason that we 've done a lot of research into this was because people have asked the questions and also we 've got employees that work there and we 're just as concerned about their _ safety as people that are living in the area near this . I think it 's safe to say , no pun intended , it 's a pretty safe piece of equipment . Is that enough , or would you like me to go into more detail? Batzli : We may have some more questions later . That 's fine . Aanenson: Okay , I think it 'd be appropriate then to maybe let Wayne go through and talk about the building layout itself and maybe just before he starts . Just to get you oriented a little bit . The access off of Lake Drive East , as mentioned . The radar , which will be , it 's actually from the top of Audubon Road it will be about 107 feet which is another reason that the staff felt good about this . This site is actually recessed and it 's lowering the height and the impact of that tower . We ' ll be behind that facing , actually facing Audubon . Then behind that , which is closer to Bluff Creek Estates , will be the upper air inflation building . So I ' ll let Wayne walk through all that . Wayne Perlenfein: Kate has done an excellent job . I 'm Wayne Perlenfein with the architectural firm that 's been hired . . .national standards building Planning Commission Meeting May 19 , 1993 - Page 8 Aanenson: Okay . Let me just talk about the concerns . Wayne talked about the parking issue that we 've already addressed . The other issue is the — landscaping . When we put the PUD together , it was a requirement that the had to do perimeter landscaping and as part of the PUD do some unifying themes , street lighting , streetscape along that interior street . In addition , we put a requirement that each site would have to go through anc provide a separate landscaping plan . We feel on this site that additional landscaping is required and we specifically mentioned again a lot of your view off of Audubon is not going to be seen because you 're going to be looking over the top but we felt , looking from the interior of the street , Lake Drive , that additional landscaping should be placed on the front of that building . And we 've recommended tree species on that . The other — issue is , we have the requirement for fencing of rooftop equipment . In this circumstances we felt , it looked a little contrive to put the fence up there so what we had recommended is the hipped roof that 's over the main _ entrance , that that roof , a canopy be carried over all 4 sides . It 'd probably be easiest just to refer to this . If you look at this drawing , this element here with the fencing . We feel it 'd be much more appropriate to take this feature and put this on all 4 perspectives where the roof equipment would be . To get the back view , where you 're looking from Audubon . Instead of turning your back to that side altogether . . .and leave the fencing off and put the rooftop equipment . . .nice architectural feature— so the back has a better appearance . Batzli : Have you taken a look at doing that? Wayne Perlenfein: The foodchain for this type of building , I can 't make those changes without authorization from the contracting officer or my employer , Chanhassen Venture . We support , from an architectural perspective , landscaping the site . We support Kate 's analysis of the fror tier look to the front and back . We supported the idea of embellishment and redefining of this front in the areas of development , especially from — the back and we have passed that on . So in the process . . .based on your request , will then go to my employer who will then pass it on to the federal government . . .and I 'll work with staff to achieve . . . Batzli : The contracting officer is with which department? Wayne Perlenfein: The contracting officer is the people . — Batzli : Which is? Larry Predwick: The Special Engineering Project Office . It 's an element of the Department of Commerce . National Oceanic . . . Batzli : So you 're getting funds from DOD but we 're dealing with civilian ,- the Department of Commerce? Larry Predwick: Cepo does the design work or oversees or monitors the design work for the National Weather Service for all these agencies . The tri agencies that are involved , yes . Batzli : Okay . So the contracting officer is civilian? Planning Commission Meeting May 19 , 1993 - Page 9 Larry Predwick: That 's correct . Wayne Perlenfein: Basically , just for general knowledge , the federal constructs buildings two ways . They own where they come in with Big Brother and do their thing or they go through a private developer . This is going to be leased back to them . So that 's why we 're getting involved . . . But we support it and look forward to being able to make the changes wherever it comes down to . Aanenson: So just to go along with that , the fact that it 's leased is one of the concerns that the staff had . Originally , when the Weather Service approached the city is that we wanted a leased building so there will be taxes paid on this property . It won 't be a tax exempt property . Since it is leased , there will be taxes paid on that . The other issue was , we talked about the signs . The signs are in compliance . We ' ll have a monument sign which is one of the requirements of the PUD adjacent to Lake Drive . There was the Fire Marshal put in specific conditions specifically about the upper air inflation building and the fact that there is flammable materials being stored there . That will have to be constructed per their specifications . The other condition that we have on here is that around the bottom of the radar tower for security reasons they do require fencing around there . Again , more than likely you won 't be able to see that fencing because of the topography but we do want that . There is a walking trail along there . We do want that to be a green vinyl type fencing . Other than that , we feel that the type , the construction of the building being all brick . The materials as shown are consistent with the PUD and we feel it 's an attractive building . It will be attractive from the lakeside . Again , you 're not going to see much of it from the Audubon Road view . Other than that we would recommend approval of the site plan with the conditions as amended as we 've given you . The 15 conditions . We 'd recommend approval . Batzli : Okay . This is a public hearing . If there 's anyone else that would like to address the Commission , I ask that you come up to the microphone and give us your name and address for the record . And we invite your comments if you 're here to ask questions or give us your comments tonight . Is there a motion to close the public hearing? Conrad moved , Scott seconded to close the public hearing . All voted in favor and the motion carried. The public hearing was closed. Batzli : Ladd , I 'm going to lead off with you but I want to ask one more question that I forgot to ask of the applicant . And that is , the balloons — are hydrogen balloons , are they not? Larry Predwick: The gas that we put in them is hydrogen , yes . The hydrogen is stored in the typical metal cylinders that you find , for example like a welding shop or anything like that . There 's no bulk storage of hydrogen . And the only amount to be used would be whatever it would take to fill a balloon . A few cubic yards of gas to fill a balloon probably twice the size of that screen right there . Batzli : So that 's stored indoors though? Planning Commission Meeting May 19 , 1993 - Page 10 Larry Predwick: It 's stored indoors . It 's stored in a specially constructed facility to protect it from any risk of . Aanenson : It 's stored in this part of the building . Yeah , and here 's where it showed how it 's stored . Wayne Perlenfein: They store 14 cylinders is all . There 's very limited storage . We 've given a list of the flammable . . . Larry Predwick: It meets National Fire Codes . Virtually all over the country . Batzli : And you will have an emergency generator so you will be storing either diesel or gasoline? Larry Predwick: Yes . Batzli : Okay . And where 's that stored? Wayne Perlenfein: It 's in a separate building directly behind this building , away from this . . . Larry Predwick: It 's right here . The radar has an emergency generator bt it 's inside one of the shelters that comes along with the equipment . And it 's self contained and everything in the inside . Wayne Perlenfein: Next to the , we call it the EGG storage building is above ground . . . Batzli : What kind of volume of diesel do you store there? Larry Predwick: In the radar shelter there will be , about 250 gallons . It 's enough to get us by for about 3 or 4 days . And in this one , not her( I 'd say it 's probably about a 500 or 600 gallon tank . Just estimating right now . Batzli : Okay , Ladd . Conrad: A few questions . Paul or Kate , who on the staff has signed off c-i the health risk? It appears that there 's not much but who is? I 'm not going to say it 's good or bad or whatever but what person from staff has read the 3 inch report and said everything 's hunky dorey? Krauss : Well none of us you know is technically competent to sign off on anything . However we have , it 's probably fair to say , skimmed the documentation . When I first started talking to the Weather Service 4 yeas—; ago , because that 's 3 or 4 years ago when it first came up . I asked that question back then and got a huge presentation on it . A couple volumes of material . I 've also had an opportunity to bounce it off of professional planning associated . . .various issues . Ionizing and non-ionizing radiatioi is one of them . They don 't deal specifically with this use but near as I can tell , the information was consistent with what I was reading . We 're _ taking the information at face value . We think it was very well put Planning Commission Meeting May 19 , 1993 - Page 11 together and assembled and we didn 't see any glaring holes in it but again we 're not experts in that area . Conrad: So who signs off and says that there is no health risk? Krauss: There 's no need for anybody to sign off on anything . Conrad: But I just . Batzli : He 's using signing off euphemistically . Krauss: Well , if we 're speaking in euphemisms , I mean you 're talking about what in our professional judgment and good conscience would be acceptable . Conrad : Well , you 're not a health care expert so I guess I wouldn 't ask you . Krauss: No . We 're certainly not competent to do that . — Conrad: They 're presented a deal and I trust that some documentation 's been done and there isn 't a risk . I haven 't read it and I just would like somebody to say , yes . Based on looking at the conclusion , the residents who are here , that there is not , in our perception . Aanenson: There was a neighborhood meeting held April 28th . Conrad: And I 'm sure the neighbors . Aanenson : And at that meeting there were quite a few other experts , including a doctor that provided much more detail , technical information . We didn 't have that here at this meeting . That 's why we had a separate neighborhood meeting . So I think the comfort level of the technology was increased during that meeting . At least it was for myself too . Going through and explaining how this works and hazards and that sort of thing . Larry Predwick: If I could add something here . This is a document that is prepared by Stanford Research Institute , which is an organization that is a branch of Stanford University . And they were hired by the primary contractors on this project to locate the most desireable sites to meet the technical standards for siting this piece of equipment . And part of this document is an environmental impact study and this is done for each and every site . This one right here happens to be the one for the site off of , I forgot the name of the road . Aanenson : Audubon . Larry Predwick: Audubon Road . And what it confirms is all of the other studies that have been done is that the radiation level is significatly , and to the tune of approximately 10 ,000 times below the standard . The occupational standard set by the American National Standards Institute . American National Standards Institute called ANSI . Established a level which they felt was an acceptable level from an occupational risk point of view . And what the study 's in this particular document and the other one that I brought with me , that 's supported by just enormous amounts of Planning Commission Meeting May 19 , 1993 - Page 14 dome on the radar . The picture you passed around was white . Is that what the color is? Larry Predwick: There are actually 4 different possible colors that coulo be used but white is the predominant color because I think the architect _ maybe can confirm this . But by and large structures of that type are less obtrusive with that kind of color against the background skies opposed for example , there is color that 's green . The only places where we 're using that is in heavily forested areas that are usually conifers . — Conrad: So what 's the color proposed for this site? Wayne Perlenfein: It 's white . 'G Conrad: It is white . Because? Wayne Perlenfein: You will notice it less than the other colors . Conrad: What are the other options besides green? — Larry Predwick: There 's a tan and a green . I 'm sorry , I should have saia there was 3 , not 4 . Conrad: Jeff , what do you think about that in terms of standing out? Farmakes : Well I usually like my radar towers . . . I had comments on that .— It would seem to me to be the same as any other water tower . Conrad : Well water towers usually stand up . They 're atrocious colors typically and it 's like we 're trying to make them stand out and not blend in . Farmakes: Usually they take a horizon color that minimizes the view under certain light . Obviously with all the different weather we have here , you 're going to , a light blue water tower is going to stick out on a gray day . So it just depends on , I would agree that white would probably be tf--, minimum . Batzli : Tan is , you 've seen Tonka Bay 's water tower? Isn 't that the tan one? I mean that thing just looks terrible sitting there . Conrad: Yeah . And the blue 's . Batzli : No offense Tonka Bay . Larry Predwick : I should point out that we are somewhat limited in the colors we can choose because of the pigments that are in paint can serve e a reflector of the signal that 's being transmitted by the system so we do have a limitation and that 's one of the reasons why we just have gone with those three . In addition is the fact that the aesthetic of any other colc really we found , from an architectural point of view , don 't pan out very well . Planning Commission Meeting May 19 , 1993 - Page 15 Conrad: I 've always wondered why gray was not a color that is used for water colors . It 's probably not pretty when you see it on a swatch book but when you think of blending in and not being obtrusive , the gray seems like it fades in . Why not? Wayne Perlenfein: Psychologically it 's a very drab color . After the meeting we can discuss the psychology of colors if you 'd like . Farmakes: You 're supposed to stay indoors on a gray day . Batzli : But with the new weather station we 're not going to have any gray days are we . Is that it? Okay , Matt . Ledvina : Well I took a look at the information that was provided , and I 'm not expert but I 'm comfortable with the level of work that 's been done and obviously they 're establishing these sites all over the United States and I 'm not saying just because it 's been done before that everything is known but I feel they 've obviously had to think this thing through very carefully in terms of how many they have , whatever hundreds of this things around the United States . So I guess I 'm comfortable with the safety concerns that may be out there . I was , there 's one area that , well actually two areas that I am concerned about and the first one being the grading plan for this site . I took a look at the plan and I don 't really understand the extent of the grading . Essentially all 10 acres is graded and I calculate that , there 's 10 feet of soil that 's removed from the entire 10 acres . So that 's about 200 ,000 cubic yards of soil . And I just , I don 't understand why that 's being done . I understand that this is part of a larger PUD but it 's hard to put that amount of earthwork in perspective when you have just this small area here . So I don 't know , maybe you could comment on that Dave . Hempel : Sure . As you previously mentioned , this is only one of the lots of the overall development . The developer is coming in for a site grading plan , or permit , excuse me . At the May 24th City Council meeting . With that I 'm coordinating the grading on this site as well as the remaining portions of the site . With this particular phase , there is generating quite a bit of excess material . Proposing to stockpile the excess material in two locations . One location would be directly southwest of this . I do have an overhead I could put up there . Ledvina : Are the grades approved for Lake Drive West? Hempel : That 's correct . Ledvina : Are they in a conceptual stage or are they in? Hempel : . . .stage at this point . We have already installed a trunk watermain through the proposed alignment of Lake Drive West so we . Ledvina : Is that what 's happening out there right now? Hempel : That 's correct . The dark shaded area below the building site is a proposed stockpile area proposed by the developer of Chan Business Center . I 've put a limitation of height of 12 feet on that stockpile area with — slopes 3: 1 off of it . That material will be reused with the second phase Planning Commission Meeting May 19 , 1993 - Page 16 of the development , as you continue to the west , the site does drop off and needs to be filled and build up the pads for the future lots . They still - anticipate till -anticipate though that there will be excess material needed to be hauled off the site once the overall , both phases are completed . Ledvina : And I guess that grading plan gets to another question . I don 's know what the value of standing on Audubon Road is and seeing the top of this building . I don't see the value in that . You know , and especially when we 're taking 10 feet of soil off of the site you know overall . I 'm also concerned about how the grades match in on the west side of the property . Now that 's not part of the PUD , am I right? Hempel : That 's outside of the first phase of development . Ledvina : Okay . Would that area be graded in even to match it because there 's roughly a 10 foot drop on , a 10 foot bank . Hempel : On the preliminary grading plan for the whole development they do kind of show a lot benching approach . It will not be level . It will be - benched so you will have a significant drop for the lots . Aanenson: Matt , I think some of the confusion is , we 're doing the grading_ plan for the Chan Business Center , Phase 1 . And then this grading plan is if I understand what your question is , but then there 's this grading plan specifically . I think it 'd be helpful if David explained the limits of , maybe show on here the limits of the grading for Phase 1 of the , because they have to put the road in . Lake Drive East so I think maybe that 'd be helpful . Ledvina : Lake Drive West? Aanenson: Excuse me , Lake Drive West . Yes . Hempel : The first phase of . . .The two stockpile areas I had mentioned , on€ was located in this area here . The other small area down here . It 's possible if they have additional users of this property coming up here in the near future this summer , that they may expand the grading limits further out in this area as they start working on the cul-de-sac . Aanenson: We do know the Jehovah Witness will probably be coming through this summer so that 's this corner piece up in here so there may be additional grading . And they 'll have access . That 's the only one we 've allowed access onto Audubon so they won 't have to grade that whole site . Ledvina : Could I just stop you? Do we have an overall grading plan for this development? — Hempel : We have a preliminary grading plan for the overall development , yes . Aanenson: We approved with the Chan Business Center , yes . Ledvina : And that 's already been approved? — Planning Commission Meeting May 19 , 1993 - Page 17 Aanenson: The preliminary one . That 's what Dave 's saying . This final one that he 's drawing for you right now , that 's going to the Council on Monday night . Ledvina: And then the other area that I 'm concerned with relates to the landscaping plan . Given the grading plan that we see here , the existing trees that the developer shows are totally removed from the site . There 's no possible way of saving one of those trees . Aanenson: The trees along the back fence line? Toward Bluff Creek Estates? Ledvina: Right . Aanenson: We raised that as an issue that we 'd like to see those preserved . Ledvina : This would be to the south then? Aanenson : Yeah . Straight south along , actually they 're in this area right in here . The tree line back in here . Krauss : The trees follow the old fence line from the . . . Ledvina : And those trees will be saved? Aanenson : We 'd like to see if we can work around them . Hempel : We believe the grades can be adjusted to save the stand of trees along that fence line property . Ledvina : And well I guess just in general , I 'm concerned about the landscaping plan . Essentially we really don 't have anything and . Aanenson: Well , they just submitted what was required under the PUD , which we 'd already seen . We wanted an additional site plan for this . Ledvina: So what we have in this set of plans is what 's required under the PUD? Aanenson : What the , yeah for the perimeter . What Ryan submitted as part of the PUD requirements . Ledvina : Okay . Wayne Perlenfein: If I could clarify that . What we had submitted is our interpretation of how you guys . . .putting landscaping on the site . If we are in error , we will increase it . Or if by . . . Krauss : Yeah , I think that 's the bottom line here . There 's actually two sets of landscaping . The one we thought the developer was . . .The other one was on a site by site basis and . . . Planning Commission Meeting May 19 , 1993 - Page 18 Batzli : Well in your mind , should the perimeter landscaping count towards partial satisfaction of what they have to install? Krauss: No , it does not and in fact the . . . Batzli : Okay . Matt , the outcome of this grading . You know , just grade the thing flat . Remove 10 feet of dirt . Is there something that you think should be done rather than doing it that way? Ledvina : Well yeah . I really think that the landform should be saved as much as possible here . We 're taking , granted it 's an open area but we generally like to see development that 's sensitive to the existing contour-> and it seems to make sense . We don 't like to have our landscape totally changed as development comes in . And also from the developer , I don 't see the value in moving all this dirt . Obviously if there 's additional phases- down the road , maybe that can be justified but it 's , as I look at this as 1 single lot development , and I didn 't really have a good handle as to what , you know how it fits into the grand scheme of things but I just don 't care for the way it 's laid out . I think there should be less grading . Wayne Perlenfein: . . .the grade elevation of the proposed building . . .more than willing to work with staff to accomplish that . Ledvina: Well I think that would be an important start . There 's all kinds of problems with the way I see the neighboring property lines and _ essentially you 're digging this thing down into this hole and of course t< the north and east , this will open up but still . Just it doesn 't look right to me . Batzli : Kate , is that current map up there oriented with north up? Befoi � you just take it down . Aanenson: I 've got a grading one that will give you contours . I think there 's a lot of history that we should talk about before we talk about changing the grade . I was going to change the contours . This would be _ south and this is the railroad tracks . Audubon Road . . . As you recall , wf put this all slopes towards this Outlot A , which we preserved . That the City 's going to purchase . We changed the flood plain to put in a NURP pond which we 're draining down towards to pretreat the water before it goes int-> the flood plain . When we looked at this top initially we knew this would be one office building , there may be another oriented towards Audubon Road where there 's higher visibility but we envisioned this park as an - industrial park . When this user is an office use and it 's a beautiful building , it certainly would make sense to look at this . But if it were an industrial type building , which a lot of these uses are going to be . An industrial with an office component , I 'm not sure , with maybe larger spanses of walls , I 'm not sure we 'd want to be seeing quite that much of the building . So it 's kind of user issue with that too . And raising what it does to the rest of the visibility . Some of the other sites to the residents to the south . As far as some of the other utility issues , Dave maybe can speak to some of those . Hempel : It was my suggestion in the staff report to raise it up 4 feet of so just to serve as a sanitary sewer for Audubon Road instead of waiting Planning Commission Meeting May 19 , 1993 - Page 19 for the interior improvements to be done . And in conversations with the civil engineer , he had some concern with the driveway grade out to the proposed street of Lake Drive West . They were getting up close to 7% and there will be an occasional tractor trailer entering and exiting the site and he had some concerns with the driveway grade if we do raise the building so . The intent now is to bring sanitary sewer in from the west to be able to serve this building so my concern I guess was raising the building has been resolved essentially . As far as the grades go out there . I think they are counting on this fill material for future use . I 'm not saying they can 't go back to the drawing board because this isn 't cast in stone yet to adjust other grades out there to make up the less cutting . Ledvina : Well if there 's less cutting here , there will be less filling on another site and maybe that 's . . .that way . I don 't know . I guess when I see 10 acres totally graded , it makes me nervous . But again , I didn 't have the perspective of the whole development in that , frankly that happened before my time so I 'm not understanding what all happened back then . So I guess in general I would support an amendment that would raise the grade of the building let 's say 6 feet . I think that 's a start . And I think the soil borings can be adjusted down the road . When the other parcels are developed . Batzli : What do you think of staff 's argument that we might not want to look at the building . I mean we 're trying to save landform but maybe there 's a corresponding viewpoint of the neighbors next door that if they can be dug down into a hollow , great . Ledvina : Well , I don 't know . I 'd rather not look at a roof if I was driving by . I 'd rather see the building that 's there , and this is an attractive building . Wayne Perlenfein: You 're going to be hard pressed to see the roof . You 're 100 feet away . You have to look through the development of a parkway , bike trail . You 're 15 feet below . . .and now you want to bring it up to the roof . . . Batzli : We don 't have an elevation view from the road do we? Aanenson: Yes we do . Batzli : Ask and we got it . Aanenson: This one , you ' ll have to put it in perspective . We did this during the , when we put the Chan Business Center together . This would be Audubon Road here and this is showing a . . . kind of give you an idea . Batzli : This is going to be a one story building? Aanenson: Yes . So you 'd be below that . Ledvina : What 's the distance between the road and the building? Batzli : In our case Kate . Not in that drawing . Planning Commission Meeting May 19 , 1993 - Page 20 Aanenson: Oh from this one? Oh , it 's 100 feet . Batzli : How far away from the road is this building? Aanenson : I have it in the report here , hang on . Hempel : It must be about 440 approximately . Aanenson : Yeah . 300 plus I think is what . Batzli : Okay . Ledvina : No further comments . Batzli : Okay , Joe . Scott : So what I 'm hearing as far as the , Dave you can help me out here . The grades for the street out in front has already been set . If the building is moved up 4 feet , that 's where you get the 7% grade from the street , for the semi 's and all that kind of stuff . Hempel : That 's correct . Scott : I understand that . We 're 400 feet from Audubon . But in my mind I 'm thinking of the nexrad tower is 130 some feet off the ground . Wer there any objection or questions or so forth by the residents in the area . any questions about that particular visual impact? Aanenson: There was some and we put a picture in there showing what it would be in relation to a water tower . Give you scale and Dave had told n _ that 's a similar height to some of the water towers we have in the city . There was a concern of whether or not it would be lit , and it 's my understanding that there 's just a small red light on the top . Scott : There 's a light but there 's no beacon . Aanenson: Right . Larry Predwick: That may not even be required on this particular tower because the only requirements are when they 're at least 200 feet or higher Scott : Okay , that 's an FAA requirement . Larry Predwick: That 's correct . Any tower that 's over 200 feet are required to be lit . In this particular case this will not be anywhere near air space . Controlled air space . We probably will not have any requirement to light it . Scott : The only additional comment I 'd like to make is , I contacted a person from Crossroads Medical Center who had a background with the Armed Services and he had provided me with a huge stack of , you guy 's probably know what the acronym NIOSH is . What is that? NIOSH . I think there 's a National Institute of Safety something or other . But anyway . Planning Commission Meeting May 19 , 1993 - Page 21 Larry Predwick: Oh , ANSI . Scott : No , it wasn 't ANSI . But anyway , some reports that I had read through and it looked like the Kansas City facility was studied and a couple of other ones and it was , the findings were the same . The radiation levels were miniscule and so forth , so I mean personally I don 't have a problem with that . And I really appreciated your comments on the angle of the beam with regard to the horizon . That was very , very helpful and I appreciated your efforts in simplifying this so we could at least get a grasp of it . I support the project . I don 't have any further comments . Batzli : Okay , thank you . Jeff . Farmakes: Well first of all , I think I 'd like to say that in this world of change , it 's nice to know that the government can still come up with an acronym for an unbelieveable amount of things . I agree with Ladd to start out with . I think it would be prudent for the city at least to look into or follow up where this radar is and in reading the study , or the information that we have here , it says the general public . Then it clarifies or quantifies it by saying that , in a few instances some people have problems with it . What are those problems? People get radio reception in their fillings or I mean , what is it? It doesn 't clarify what those problems are . Is there a response to that? Larry Predwick: Are you directing the question to us? Farmakes: Yes . Larry Predwick: I think maybe some of this may be due to the fact that there 's been a lot of media attention to some of the aspects of electro magnetic radiation along high voltage power lines and things like that this . There 's been a fair amount of publicity related to that . And I think that things have to be put into perspective . This type of system and the radiation that it emits is entirely different . For example , labeling the . . .power line is miles so that the bioeffects are , in other words the _ entire area is placed within the effect of that wave . We 're talking here about a wavelength of 10 centimeters . Entirely different . We 're talking , there 's no way to compare the two in terms of making an analysis between the effects of let 's say , what you may have seen in a lot of unreferreed science magazines , if you will . As opposed to the type of equipment that we 're operating here . A lot of these type of systems operate in a continuous radar operating mode . Our radiating mode . Microwave towers for example that transmit data communications on a continuous basis . Are in a continuously operating transmit mode . This one is not . It 's only operating in a transmit mode less than 3 minutes a day and most of that time it 's looking up in the air . Farmakes : So there is no substantiated complaints anywhere where this radar currently operates? Larry Predwick: There is absolutely no evidence to suggest or to support a linking between any health hazard with this type of equipment . Planning Commission Meeting May 19 , 1993 - Page 24 Aanenson : Correct . Batzli : I think it will be an asset to Chanhassen . It 's low intensity use . I think it 's a good use for this type of area in Chanhassen . I 'd also recommend that we get an expert , someone like Vern Albertson at the University of Minnesota who 's the assistant head of the electrical engineering department . Someone like that who can come in and say , yeah . These levels are accurate and they 're well below levels , you know . National levels is I think all we need . There are other consultants in the Twin Cities as well that do that exact thing . But someone like Vern Albertson . He 's , obviously at the University of Minnesota , he 's about as neutral as we can get . As far as the elevation of the building , I wouldn 't be adverse t— having staff work with the architect to look at that but I 'm concerned tha if we raise this , we end up raising the other buildings and that 's something we don 't want to do . And so I 'm not sure what we do about that .— Do you have any thoughts on that Paul? I mean is this going to be a big deal if we start raising the elevation of all the other lots in this PUD? Krauss: I think it 's fair to say nothing is as simple as it might seem . You 're dealing with a site that has to balance and it 's something that we can go back and look at . We ' ll try to work towards that . We understand where you 'd like to go but at the same time we 'd like the ability to make — recommendation to City Council based on what , we can certainly move in tha direction . That it be looked at . Batzli : Okay . Those were my comments . Is there a motion? Conrad : Yes . I would make a motion that Planning Commission recommend approval of Site Plan #93-4 for the National Weather Service subject to th conditions listed in the staff report 1 thru 15 with two additional conditions . Number 16 . Staff to review the health issue and seek out a third party opinion . Condition number 17 . Staff to review the impact of - elevating the building site by 6 feet and report the pros and cons to the City Council . Batzli : Is there a second? Mancino: Second . Conrad moved , Mancino seconded that the Planning Commission recommend approval of Site Plan #93-4 for the National Weather Service subject to the following conditions: ._ 1 . The final plat of CBC-Phase I shall be recorded with Carver County . 2 . Detailed storm drainage calculations for a 10 year storm event shall be submitted to the City for review and approval . Depending on the storm sewer calculations , the City may require additional catch basins and/or pipe . 3 . A revised site grading plan incorporating the final approved grading plan for CBC-Phase I , including the trail location through the site , shall be resubmitted to the City for review and approval . Planning Commission Meeting May 19 , 1993 - Page 25 4 . The proposed site grading along the south property line shall be revised to save the existing stand of trees . 5 . All landscaping materials , i .e . trees and shrubs , shall be planted outside the proposed street right-of-way and not over any public utility lines , i .e . sanitary sewer lines and watermains . 6 . The site plan shall be amended to show the additional right-of-way and drainage and utility easements that will be conveyed to the City with the final plat of CBC-Phase I ( 17 feet of right-of-way and 25 feet of drainage and utility easement ) . 7 . The property will be responsible for its share of the pending Upper Bluff Creek Trunk Sanitary Sewer and Water Improvement costs ( Project No . 91-17A ) . 8 . Grading and site preparation for the Weather Service will only be allowed after the underlying PUD and development contract has been recorded . Surety will be in place for the grading of both sites . 9 . The landscaping between Lake Drive and the NWS building should be a combination of deciduous and conifer trees , with some ornamental placed in an informal setting . Additional landscaping for the buffer strips should be deciduous trees including more Sugar Maples , Lindens , Marshall Ash and conifers should include more Austrian Pines and Spruces . 10 . Signs require a separate permit and shall be consistent as shown on the site plan dated April 16 , 1993 . 11 . Compliance with the conditions as stated in the memo from the Fire Marshal dated May 12 , 1993 . _ 12 . Compliance with the conditions in the memo from the Building Official dated May 10 , 1993 . 13 . The hipped roof entrance canopy shown over the main entrance shall be placed over the two front entrances . In addition , two hipped canopies shall be placed on the rear of the building to provide screening for the roof top equipment . 14 . Fencing around the Nexrad Radar shall be green vinyl . The color of the brick on all of the buildings shall be brown and tan . 15 . A waiver to the parking standards shall be given; 52 parking stalls shall be provided based on the maximum number of employees as 50 with 36 generally working at one time . If the number of employees changes , the parking will be re-evaluated and more parking may be required . 16 . Staff shall review the health issue and seek out a third party opinion. Planning Commission Meeting May 19 , 1993 - Page 28 Batzli : But you 're going to bring in a cable into the building . Is that going to be a regular trencher that 's bringing that in with or is it goinc to be one where . Applicant : It will be conduit in the ground. It will be down 15 inches - into the ground . It will be a 4 inch conduit . Batzli : Are you going to be laying it , slit laying it or is there where a. you dig it up and you lay it in and then you backfill over it? Applicant: I 'm not certain but normally when we put conduit down, we have to dig . . .but I 'm not a cable expert . Normally if you bury . . . Is your — concern? Batzli : Just the resodding of that area rather than reseeding . Krauss : Yeah , you should include restoration of any disturbed area . Batzli : But the condition here that it 's just reseeded rather than soddec And if they 're going to be digging up a yard wide trench , I 'd rather see them resod it . Those were the two items I had . Does someone have a motion , unless there 's other discussion? Scott : I move that the Planning Commission approve Site Plan Review #93-3 as shown on the site plan received April 19 , 1993 subject to the existing = conditions numbered 1 thru 5 . Batzli : Is there a second? Mancino : Second . Batzli : Okay . Any discussion? — Conrad: Were your comments incorporated in Joe 's motion? Batzli : No , they really weren 't . I think if you added after the word , Best Management Practice Handbook , kind of a comma . Except that any trenching performed shall be resodded . That would take care of one of them . Krauss : I had written in for myself , if I could suggest a condition 6 . That the City Attorney insure that provisions exist to guarantee U .S . West— will complete the improvements . Batzli : Okay . That takes care of my other one . Scott : I agree . Batzli : Who seconded the motion? -- Mancino : I did . I second that . Planning Commission Meeting May 19 , 1993 - Page 29 Scott moved , Mancino seconded that the Planning Commission recommend approval of Site Plan Review #93-3 as shown on the site plan received April 19, 1993, subject to the following conditions: 1 . Site restoration shall include sodding between the building and driveway and one roll of sod adjacent to the outside edge of the new driveway surface . The remaining disturbed areas may be reseeded and mulched in accordance with the City 's Best Management Practice Handbook , except for any trenching performed shall be sodded. Ten coniferous trees shall be added to the west of the proposed addition . The most northerly proposed tree shall be moved further to the west . The applicant shall consult with BRW while preparing their landscpaing plan so that planting can be coordinated with the city 's landscaping plans . 2 . Extension of sewer and water service to the proposed building will be the responsibility of the applicant . In addition , the applicant shall pay the appropriate utility hook-up and connection fees ( $5 ,850 .00 ) at the time of issuance of building permit . 3 . Erosion control fence ( Type I ) shall be installed along the south perimeter of the site improvements . 4 . The applicant shall install a 12 foot wide bituminous driveway turn around per the attached detail in conjunction with the overall site improvements . 5 . A pitched roof shall be used as shown in Scheme B on the site plan dated April 19 , 1993 . 6. That the City Attorney insure provisions exist to guarantee that U.S . West will complete the improvements. All voted in favor , except for Matt Ledvina who did not vote, and the motion carried . Batzli : And this goes to City Council when? Krauss : The same date . 14th of June . Batzli : Very good . Thank you for coming in . Planning Commission Meeting May 19 , 1993 - Page 30 NEW BUSINESS: Batzli : Next on our agenda , we have an item of new business that I 'm goii � to kind of insert via judicial fiat or something like that . Matt , can you tell me if you gave drafting a letter to the HRA a shot? Ledvina: I 've started it and I will finish that hopefully this week and send it out to all of you for your review and hopefully input . And possibly by the next HRA meeting , which would be in about a month . Batzli : Because tomorrow they are , HRA 's meeting tomorrow or is it next week on Thursday? And one of the items will be an update on the center . - Community center . So I think the quicker , you know I don 't mean to push you but if we do it , we should do it right away so our voice counts . Ledvina : Right , I understand . And I will be at the meeting tomorrow and I 'll let them know that we 're going to be sending them a letter regarding some of our thoughts on the community center . Batzli : Just so that everybody recalls . Matt volunteered to draft a letter and send it around to all of us for our review , which synthesized our discussion of the community center that we had at our last meeting and gave some recommendation and direction . Mancino: Which it sounds like they 're now calling the recreation center . Krauss : Well , if I could add . You know the name seems to change week by week . But one of the things we discussed at a staff meeting late last week was how best , what 's the best way of carrying this thing forward . How Bo - we get more of a consensus of opinion? How do we get , I think Jeff 's periodically brought up the concern for , you know what is the perceived need for different things . How do we bring the community in and I 'm prett ' sure it 's going to be announced tomorrow but we 've pretty much agreed tha' what we 'd like to do is develop a professional brochure that outlines the scope of the project . What could be in it . What it might cost and how that might be done . Where it might go and do that in coordination with retaining a firm like Professional Decisions . PDI . They 're a survey fir; that virtually every community that has done a community center has used to not only gardner support but gain a better understanding of what 's needed -- and what 's not needed . So I think that we 're moving forward on that froni almost as much , if not more than spitting out additional plans . APPROVAL OF MINUTES: Chairman Batzli noted the Minutes of the Planning Commission meeting dated May 5 , 1993 as presented . CITY COUNCIL UPDATE: Krauss: Well I 've got a few things for you in this packet and I 've started to put in an adminstrative attachment . Sort of the same way we do for Cil' Council so you can be kept posted on a variety of things . Briefly the Ci' Council did approve Lake Susan Hills 9th and they were quite complimentary I thought to the work done by yourselves and Jo Ann and I think it was deserved . We got a pretty dandy project out of that one . We have a project coming in in the near future . You ' ll see a subdivision on Fronti( • Planning Commission Meeting May 19 , 1993 - Page 31 Trail for Forcier . This was a site that was identified in our SWMP program as being pretty important for water quality improvements . We have a large area of the area north of downtown Chanhassen that just drains over a hill and through a ravine and tears out considerable parts of the ravine and dumps it into Lotus Lake . When we started talking to a developer on this , Dave and I recognized that we had an opportunity to get a lot of bang for the buck . In working with the developer and in working to resolve the SWMP issues at the same time . The long and the short of it is , a project that Bonestroo was estimating would cost between $100 ,000 .00 to $150,000 .00 we think we 're going to be able to get it done , achieve probably 78% to 80% of what we need to have done in that area for something on the order of $30 ,000 .00 with the City 's share being about 20 . So I think it 's a great example of the return that you can expect for the investment in the SWMP program . Not only are we going to be offering to mediate a very significant problem for Lotus Lake , but we 're doing it for a third to a quarter of the money that we thought it should have cost had we done the project independent of having a plan . In terms of some other things that are in your packet . I guess Todd threw in a memo from HGA . . .try to explain that . I don 't know . . .There 's some real interesting dialogue that I 've started with the Watershed District , Riley-Purgatory . It 's rather involved . I guess if any of you are real interested in that , I 'd be happy to sit down and talk to you about it but the Watershed District , in our _ opinion , the relationship with the Watershed District has not been a real wholesome or successful one of late . Their responsibilities seem quite redundant . We have expertise that they haven 't been employing . We have people out in the field checking developments . We 're going to have a completed plan that we meets all kinds of new State standards that their 's does not . And frankly we haven 't been getting good communication back from them on a lot of things . So I put together a letter that laid out all the — issues and I asked them to respond back and thus far I haven 't heard . It probably applies to all our watershed districts but most of our interaction in most of the city is with Riley-Purgatory . So again , if any of you want additional details on that , please feel free to give me a call and I ' ll explain it to you in detail . Batzli : Was Mr . Fiskness not on our original SWMP committee or he had - started originally attended those meetings? Krauss : Conrad was never on it . I notified him and Bob Obermeyer , the District Engineer , of all of our meetings . Conrad 's a resident of the city and he has attended , I don 't know , about a third of the meetings . We did ask that they send their engineer so that we could dialogue with him and coordinate with him and the Watershed District Board refused to do so . They said it would cost money and they didn 't feel like spending it . Conrad: I think that 's a good move on their part . Krauss: Had some real good news today . Did I ever show you the model? Batzli : Of the walkway? Ledvina : The pedestrian bridge? Krauss: Yeah . Planning Commission Meeting May 19 , 1993 - Page 32 Ledvina : I 've got it right here . I was going to try to scoop you on that but , the ISTEA enhancement recommendations that the City of Chanhassen waE- their project is recommended for funding through the State of Minnesota . Krauss : We just heard we got a grant for $280 ,000 .00 . Batzli : That 's for the walkway? Krauss : For the pedestrian overpass . Now it 's a project that we designec to have a 30% city role . I mean this was a cost sharing project . The total cost on it is estimated to be about $400 ,000 .00 . That included some land acquisition . But of course we wanted something more than just the prefab bridge . We wanted something that was architecturally significant . So we were pretty pleased with that . I mean there was . Mancino : That 's great news . Krauss : They had $77 million of requests for $10 million worth of funds . And near as we could tell , MnDot ran the program and MnDot kept a line share of the money for their own projects but of the independent communities that were funded , we got probably one of the largest allocations . Ledvina : We picked the right type of project because there were 28 . Scott: Yeah , the intermotal . Aanenson: We put it in two categories to make sure . Scott : I thought maybe you 'd get awarded twice then . Ledvina : 28 of the 34 projects that were recommended related to bicycle and pedestrian type uses . Batzli : On an intermotal note , what happened to our , or what 's happening to our bridge for Highway 5 over Bluff Creek? Krauss: It 's still in the process . Batzli : But that , is it for sure that we 're going to get a bridge or is i still a possibility that we get a 20 foot diameter culvert kind of a deal? Or is that what we 're shooting for at this point? Krauss : What seems to work best at this point , I don 't think the Highway Task Force has an official position on which one is most optimal . It 's clear that we 'd prefer a clear span bridge . Everybody would . The cost - gets very , very significant . For a fraction of the cost , a third of the cost of a bridge , they 've come up with an alternative they call a bebo culvert which is a culvert that 's a different shape and it can be 20-25 feet high in the middle and is quite wide at the bottom and it would be daylighted in the middle , in the median . And large enough that you 're getting air and light through it and everything else and it 's not the little box tunnel that is in Eden Prairie by Mitchell Lake over there . Planning Commission Meeting May 19 , 1993 - Page 33 Batzli : Is that for wildlife or people to go through? What do they expect to go through there? Aanenson: People . Mancino: Well the deer will . Batzli : I always saw deer over the highway there to go down to the lake so I assumed that maybe they were installing it to try and . Krauss: Deer will only go under a real open bridge and if you have some good clearance . They won 't go through anything pretty much . Scott : What about that impact study that was dealing with, I 'll say frontage roads , although that 's not the correct term . Krauss : Access boulevards . Scott : I 'm sorry . Access boulevards . Krauss: Politically correct word . Scott : Well I 'm probably one of the least politically correct individuals but what 's the deal on that? Weren 't they talking about June? Aanenson: Yeah , they 're still scheduled . As a matter of fact . Krauss : The environmental assessment . One of the things that 's , hasn 't held it up , made it a little more involved is the State Historic _ Preservation Office changed the ground rules on what they expected on their cultural resources survey . . . indian mounds and historic structures . They 're requiring that a geomorphologist , I have no idea what that is , be brought into the program . Somebody who can apparently ascern what 's beneath the soil structure . That 's being done . It added some cost and it added a little bit of time but we still want to keep on track for having this document done by the end of June . Scott : Well how much more? Krauss: How much does a geomorphologist cost? Apparently $11 ,353 .00 . Scott : Isn 't that about a 10% increase on the EA? Krauss: That 's correct . Mancino: Who pays for that? Krauss: We do . The HRA is . Now keep in mind that this whole project is being done with the understanding that this is going to result in a very significant cost share by MnDot . In essence we 're front ending costs that they might have done if you gave them an extra 3 , 4 , 5 , 10 years . But they 've agreed in principle to fund the construction of most of the boulevard and they more recently agreed in principle to fund the acquisition of right-of-way for a lot of it . Also , with this Planning Commission Meeting May 19 , 1993 - Page 34 geomorphologist , we 're going back in and correcting their environmental work-up that was done for TH 5 a number of years ago . So they can keep - their project on track and they expect , or we expect them to reimburse us for that when the project comes due . Batzli : Two comments here quickly . One is , on this HGA letter . The las' sentence reads , there was a majority vote for proceeding with a recreatioi. center . I assume from Ladd that he was forced to say majority vote rather than unanimous because of the no vote that Ladd cast for me at that meetirt when I wasn 't there so I appreciate that . Thank you . Conrad: No Brian , thanks for leaving . OPEN DISCUSSION: AUTO RELATED USES. Batzli : Blame it on me . And are you going to touch on Highway Business zoning before we get into the auto related uses here? Krauss : It 's one and the same . Batzli : Well , the one was to preclude them from every zone and I thought the other one was going to be , discussion of making it a conditional use . _ Or isn 't that true . We 're going to have to kind of discuss this all as one? Krauss: Yeah , let me brief you on what the City Council has asked for , a. � I 'm not sure how to handle it . I think you 're all aware of the bruhaha that occurred with the Abra/Goodyear stuff and it 's not likely to go away . We don 't have that many sites left that are zoned BH . In fact , Kate did t' a map which I meant to take down here but forgot . It 's sitting on my des' but we looked at sites where these things could conceivably occur . There are at least 2 individuals on the City Council who are quite adamant that _ there never be another auto related use ever again in Chanhassen , as near as I can tell . Scott : That 's Mark and . Krauss: And Dick Wing . Mancino : And why? Batzli : None of us have cars . Krauss: Well yeah , it 's hard for me to be , I ' ll try and be as impartial I can . I think everybody acknowledges that most auto related uses fall into the obnoxious category . I mean they 're things you tend to try to screen . They 're things that tend to look ugly . They 're things that tend to involve . . .attract cars and traffic and noise and whatever else . Mark Senn raised a considerable issue about the location of those two uses which he perceived to be , I don 't know how else to say but on his side town . Like why is everything being put there . I mean there"s never been an intent to put it one way or the other . It just kind of happened wherever the 8H district happened to be . Planning Commission Meeting May 19 , 1993 - Page 35 Batzli : Does he live in that area behind McDonald 's there? Krauss : No , but up TH 101 . Coming away from that there was a great deal of concern expressed and I don 't honestly know if it was in the heat of the moment or what , staff was directed to come back with some analysis of completely eliminating auto related uses from the city from ever happening again . I put together a memo which is in your packet which inside it deals with that particular question . I tried to rephrase the question as to what exactly do you mean? Drive up banks are auto related uses . The Country Hospitality Suites is a drive thru . Everything is in one way , shape or form . Do you strictly mean those things that have drive-up windows or those things that cater to automobile service , and it seems that that 's what they 're focusing on . Those two items . We had a discussion at a work session . I was out of town for that . Jo Ann covered that for me . One of the things they pointed out is if you just wipe out the auto related uses from the BH district , which is what some of them are proposing , you 've just made every existing one non-conforming which means that if they have a fire , or if the businesses they catered for a period of time , they 're out . I mean you can 't put it back again . It 's fair to say there 's some divergence of opinion on this , I suppose on the Council . Mike Mason said he seemed to remember going to a McDonald 's once and he even thought he got gas once or twice a few years ago . And if you 're building a full service community and a downtown , it 's reasonable to have some variety of uses . Well the Council , we were asked to come back and find out if there 's a strategy you can use to do these things . To accomplish this goal . Roger Knutson wrote back and said yes , you can eliminate all auto related uses . What Roger didn 't say , and what the Council , some of the rest of the Council knew is , is you can 't say we eliminate all of them except when we feel something is good about it and when they demonstrate , and one of the things that came up is , that they should demonstrate that there 's a need . I have a personal and ethical question for that . When Little Ceasar 's Pizza opened up , we didn 't say demonstrate that there 's a need for another _ pizza place in town . What is a need? I mean this country 's based on the fact that if there 's a market . . .and somebody wants to take a crack at filling it , it 's their business . It 's not our business to regulate nor to create monopolies . Scott : Well this is my opinion . My opinion is , is that a lot of this is , it 's masquerading as something else . Someone 's making a taste call but it 's masquerading it . So they 're trying to make it appears as though it 's something else . It 's only my personal opinion it 's pretty bogus . I mean if someone follows our standards as they exist today , they 're entrepreneurs . I mean they 're not obviously throwing their money away . So they 've done their market research and they 've figured it out and it 's , at least from what I 've seen , a majority of those people have been working very closely with city staff to make sure that it looks decent . I just , I think it 's inappropriate to try to exclude certain types of services just because they 're not tasteful . I mean yeah , there 's illegal businesses and all that kind of stuff but if it fits the land use . Personally I just _ think that 's totally inappropriate for them to be getting involved . And you 're right . We ' ll let people do , we 'll let people conduct certain types of businesses as long as we think it 's okay . I mean you 're absolutely right . Your memo raised a good point . Be up front . Say what you 're trying to do and then yeah , you can legislate if you will . But yeah , I Planning Commission Meeting May 19 , 1993 - Page 36 have a real problem with that kind of thought process . The old gasoline alley context . - Batzli : Well yeah but , I think there 's a valid point to be made here and that is , let 's assume for a minute that the intent is not to completely eliminate them but to make sure that we either have adequate controls or that they 're going in the proper zones where they 're not viewed as potential , I don 't want to use the word eyesore but that 's the only one that comes to mind . Because I think typically , or more recently as peoplE- have developed these kind of retail malls , and suddenly rather than retai) part of the mall you see a Tires Plus and a tune up place and a brake and muffler place and once one is in , it seems like they kind of feed on each _ other . Suddenly you have a Goodyear and Firestone across the street from each other doing the exact same thing . And you end up with this little area of all , and I 'm going to call them auto related uses but what I mean is auto service related uses . And I think the residents in that particuli area fear that for one reason or another . And when I look at Eden PrairiE especially right on the western side of Eden Prairie Center , where the Tires Plus and I think they 've got a Goodyear and they 've got all these things . All clustered right in that one area . I don 't view it as an eyesore or as a problem or noxious fumes or anything else . It 's a retail area and these uses are , actually fit in quite nicely with you know a restaurant 100 feet away and you 've got guys changing tired on the other side . Scott : Yeah , and they have architectural standards . Batzli : Now don 't get me wrong . I think that whole area is an absolute disaster as far as getting around within that shopping area . But that 's - not the fault of the people that located their stores there . That 's the developer and the City of Eden Prairie making a rat maze of little things . Scott : That 's going to be downtown Eden Prairie by the way . You 're familiar with the project they 're planning for there . Batzli : Yeah . So , but I don 't know . I don 't want to eliminate them . If- we fwe don 't have the proper controls of they 're in the wrong district , let 's talk about that but . Farmakes: I don 't think that any car service place is going to put in an operation here unless it 's adjacent to Highway 5 . Scott : Absolutely . Farmakes: Or Highway 5 or 41 . Mancino: What about 212? Batzli : No , they ' ll want to put it along 212 . Farmakes: They want the impressions of automobiles going .by on a daily basis with high numbers that are going to see their signs and see their services . The reason being is because it 's the people who are driving car--; and they 're going to need tires and they 're going to need service and Planning Commission Meeting May 19 , 1993 - Page 37 they 're going to need gas . Those typical service operations , no matter where you go . You go to Rochester , Duluth or New Ulm , those particular operations are serviced but they 're not equated with the quality to the operation itself . Many of them are like Rapid Oil Change . They 're basically a shell building with a large type signage operation that is advertising to the highway and they 're going to provide service to the community but they 're certainly not going to provide any architectural investment in the community and I think that 's where the grade , that 's where we 're butting up against . Do we have this vision as to what we 're looking for along Highway 5 is some sort of advertisement for our community and what the practicality of business is , is that they 're trying to sell tires . Not our community . Scott : Well , but then we 've got hamburgers and we 've got gas stations and we ' ll have perhaps a full hotel and so forth . Farmakes: But to a more extent those are more customer friendly operations in how they look . It 's far easier to talk a franchiser operation where you 're going to have people coming into , sitting down and consuming your product , whatever it happens to be versus somebody who 's dropping their car off for an oil change . If you look at the type of structures that are going up , Rapid Oil or Goodyear Tire . You saw the list of the buildings that we got . There 's one from column A , one from column B and virtually they were essentially all the same thing . They were a square building with minimum of architectural investment . And that 's simply not what they need to provide for their business . They don 't need that and anything that we ask them to put in addition to that , as an investment to our community on Highway 5 is simply not in their best interest . _ Batzli : An option then may be , if we don 't want a bunch of free standing square buildings where we have to fight tooth and nail , is to require that they come in as a retail block similar to that Eden Prairie one or the mall over in Hopkins . That type of thing where they come in unified and we get to deal with them all at once . Scott : And then you have this big control of signage . Batzli : Right . Mancino: And the setbacks from the neighborhood . Krauss : We tried with Goodyear/Abra to do that and we didn 't have any tools to do it . I guess for us though , it 's not so much the use as what you 're going to require them to do . You 're going to require them to perform . I had a guy in here yesterday , in fact it was Russ Pauly , from Pauly 's who 's looking to do a car wash in town . Of course my first reaction was oh geez . I don 't feel like getting dragged through another one right now . But I laid down a bunch of guidelines and they 're looking at a very visible site where it would be with a building , similar to a building that was put in Wayzata with pitched roofs . It 's in the tax increment district so we can crank on it pretty well . Earth bermed and heavily landscaped on the Highway 5 side so you really won 't see directly into anything . Planning Commission Meeting May 19 , 1993 - Page 38 Batzli : Is it brushless? Krauss: Yeah . Scott: We ' ll be there . Krauss: But you 're making it perform and once you make it perform , I don , see what the issue is . I mean it doesn 't matter what 's inside . I think the Council , and I think yourselves too where we 're put between a rock a - hard place . I mean you had this old commercial area that was it appropriate or was it inappropriate to be put , for McDonald 's to be put where it is but it was there . You had a neighborhood who reacted , and has.. reacted over 10 years , with a good deal of hostility to anything happenin< over there that 's commercial . We understand that . The reaction 's nature. but , and then you have the heightened sensitivity for what we could expect along Highway 5 and the frustration that the ordinance isn 't in place and it wasn 't in the tax increment district so we didn 't have any carrots or sticks to fix it and at that point you had exactly what Jeff described and they said , well this is the standard building we do . And we did make there- change hemchange it . I mean I don 't think that what was out there , in the conventional sense , what was approved is half bad . I mean yeah , I would have liked the tools to do better but the buildings that finally resulted _ were better than they started with . Yes , they could have been better yet The sites are very heavily landscaped . They 're set back far from the highway . I mean in the very least they 're going to look a whole lot better than the Goodyear building in Eden Prairie that we drove past tonight as matter of fact . Batzli : The western set facade wasn 't approved , was it? -- Krauss : Western set? Oh no . You mean with the little stick thing coming , oh no . Farmakes : I think if Abra and Goodyear and 10 ,000 Auto Parts , whatever they were looking at there . We have a finite amount of land there . And really if it 's a given that it 's going to be along , that development 's going to be along Highway 5 , there isn 't that much land left there . And you get a large block of auto related businesses going on there , you 've really defined the area . I don 't think you 're going to get a Bachman 's _ there . I don 't think you 're going to get other types of developments . Once you define it , say similar to how Menard 's is out there where they have a large strip of auto related businesses in a row and there 's sort of a wetland and then there 's retail continuing farther down . It doesn 't se( like once you lay into that that you 're going to get away from it . Krauss: But there is no more land over there . There 's one site left and -- it 's on Lake Street . Lake Drive . Everything beyond that is part of the IOP area that DataSery owns . So that 's a case in point of , I mean they 're kind of shutting the door after the cow 's gone . We have the one other BH _ site is the one next to the Chan motel on Highway 5 . Another one is the one the HRA owns next to the Americana Bank . Of course we own it so we ci I do whatever we like . Councilman Senn raised some issues with the Target site plan . That Target site plan which was designed to restrict fast food operations . Was . . .to be a detriment because , in restricting it it allowe< Planning Commission Meeting May 19 , 1993 - Page 39 2 . You know where it could have originally allowed 5 I suppose . Now it allows 2 , and he raised some concerns with that . Now we share the concerns . That 's why the PUD was structured to require architectural standards and whatever else . Anyway , what I need from you is some kind of a sense , I mean fundamentally , is there a sense of the Planning Commission on auto related uses? I need to go back to the Council with a couple of different options and say , really what do you want me to do here . Because I know we 're going to get hit up side the head the next time an auto related use comes down regardless and I don 't think it 's going to be in the too distant future . Farmakes : If there is , if we do have a given , if you agree with the fact that any type of auto related use is going to be along , development 's going to be along Highway 5 , Highway 7 or 41 or 212 in the future perhaps . If it 's going to be along a highway , how much , say in the near term , 5 years . How much land do you see being developed? Krauss: There 's not a lot , and again if you have a map that shows . Farmakes: . . .auto related use . Krauss : We have . Aanenson: There 's the Charlie James property . Krauss : Well , yeah . But that 's general business . Aanenson: A gas station could go there . _ Krauss : Yeah . Well , he already had approval for a Quik Stop at one point there and never built it . You have the James piece . You have the one I mentioned next to the motel . You have the one the HRA owns and you have the outlots and Target . That 's it . Conrad: I think we should , let me interrupt you Paul . Just two quick thoughts . When we designed the BH district it was for auto related uses . Mancino : It was? Conrad: It was . I was here . That 's why we had it . That 's where we were going to cluster everything . That was the intent . Batzli : Highway Business? Conrad: Highway Business . That was the intent . We could have them in downtown Chan . We thought let 's cluster them out in the highway . Okay , so _ now the question is , was that a right or wrong decision? Well , maybe we should revisit that one . I 'm still pretty comfortable with it . But I guess what I 'd like to see staff do , apd I don 't know what the timeframe here is . Is for staff to come back and maybe , and show us where , how many . How much land is left and just have a little map and we can take a look at it and then we should decide if we have the standards in place to control those particular parcels and if we see any changes . That way maybe City Council will believe that we 're taking a look at it from a thoughtful , Planning Commission Meeting May 19 , 1993 - Page 40 future perspective . I don 't see the problem . I honestly don 't . I think we 're doing exactly what we said we were doing and I really don 't have the same sensitivity to the entrance of Chanhassen that maybe some of the Council members do . Farmakes: I think that the retail and the gas is not necessarily the sam- type operation that you would get with retailing auto service projects . Tires , parts , things of that nature . It seems like gas is going more and more crossover retail . They 're not just selling tires and they 're not doing car repair . They 're selling gas and they 're selling milk and so on But if you carry , it wouldn 't seem to me that the service items would cari ,• out of downtown but the possibility of the gas and retailing might . We were looking at that commercial area , you 're talking about commercial west of town on Highway 5 . A stop and go type thing or Brooks market type operation or Total . And if longer term , if they build a 212 or something , those would be other auto related uses . But that would be a much longer time frame that we 'd be looking at . Krauss: Well but anything in a longer time horizon on Highway 5 , anything_ beyond the summer is going to be subject to the overlay district that you 're going to develop . Anything that 's not currently zoned BH is going to be covered by that or be in a PUD and give you a lot of extra control . All the remaining sites , except for the one in front of Abra/Goodyear , behind it I guess , is in the tax increment district which typically means they 're going to ask the HRA for the 3 year increment deal which means we have the ability to ask for improved standards in return . Again , I mean I- want to respond positively to the direction I 'm getting from the Council but I 'm not exactly sure what it is . So that 's why I wanted to bounce it off of you . Farmakes : In discussing with them really briefly , weren 't they concerned about the fact that they were going to get a car dealership or that sort of thing going on along Highway 5? Krauss : It 's never been , nobody 's ever , well . We talked with one about 3-4 years ago but it 's never been broached and there 's no sites large enough to get one . Farmakes : I thought I heard the Mayor say something about he didn 't want any car dealerships coming in here . I thought that might have percipitatE but other than that I haven 't heard anyone being anti-car . Krauss : It might not be fair to the Council but I think a lot was said in- the heat of the moment with angry residents and being confronted with one project after another . Farmakes: The Chan Estates development over there is what you 're talking about? Scott : I heard an interesting comment from Gene Borg who built that McDonald 's down there . He said you know it 's kind of interesting is that when I got that thing in there , people just raised all sorts of heck and now their kids work here . From the standpoint of , I certainly don 't have _ any problems with auto related uses there and also given the zoning . GivE Planning Commission Meeting May 19 , 1993 - Page 41 the types of uses that we 're looking at . It seems like the thing that we really need to be concerned about is what does it look like , because I mean _ there 's the gateway ideas that Jeff and I were talking about but it seems like , from what I 've seen of the plans and working with city staff , the buildings have turned into , oh . It 's an Abra but it 's a good looking Abra . Or it 's a Goodyear . It 's a good looking Goodyear . Personally I think we should be concerned with signage and the visual impact of what it is and in the grand scheme of things when you 're coming in , when you look on the right hand side and you see Lotus Lawn and Garden , you know , I 'd rather see open space buildings are more particularly attractive to me . However , if it 's an appropriate use for that land , and the architectural police to make sure that it looks decent , and you follow down the street and you see a gas stations are uglier than heck . So it 's kind of like , I think that 's an improvement over a McDonald 's and a gas station . So personally , I think it 's an appropriate use and we just police the outside of the building and signage . That 's my simple world that I live in . Batzli : Paul , don 't we have an additional ordinance with respect to location of gas stations with respect to each other and residential lots? Krauss: It only pertains to convenience stores and yeah , there is a setback of gas pumps to residential structures . Batzli : I thought it was in relation to each other as well . Krauss: Yes . Batzli : Does that apply throughout all districts? _ Krauss: For that use I believe it does because I think it was done , if I 'm not mistaken , it was done as a conditional use permit standard . But that also grew out of kind of , I mean it started before I came here . I finished it up but it grew out of . Batzli : Well there was a fear we were going to get one on 4 corners facing each other and that kind of thing . Krauss: Right . Gary Brown 's proposal . Batzli : What with the Holiday station and everything else . Ladd , since you admitted that you were here when you put these various categories , in general business district one conditional use is major auto repair and body shops and convenient stores with gas pumps and motor fuel stations . All this stuff . I thought what I heard you say was that you wanted to put it all in the Business Highway and not in the General Business . Conrad: We were trying to put highway oriented uses on the highway . So highway meaning quick in, quick out . And typically that related to auto . Batzli : But now that our 8G district , if you will , includes Target and areas like that , is it still appropriate to put those uses there or do we want to cluster them all in just this one little narrow strip in the whole city? Planning Commission Meeting May 19 , 1993 - Page 42 Conrad: I would not like to see , well . I don 't like auto related businesses . They 're typically not attractive and I had a concern with putting them in the downtown area Brian . They are legal to some extent . I 'm not sure . Batzli : Conditional uses . Conrad: They just tend to be asphalt . To me they broke up a downtown that had some continuity . Like a lot of other business , any kind of franchise - type operation tends to divide a downtown area up into parking lot , building , parking lot , building and I really did , I personally did not walk to see that in downtown Chanhassen . Batzli : Well let 's assume for a minute that the general business distric wouldn 't be a good place to put these . And we decided that we wanted to eliminate them as conditional uses . That would tend to drive those businesses even more into the BH district , which is what the residents th, and Councilman Senn are kicking about . I mean if you want to make sure they all go in that one spot , that 's one way to do it . Conrad : Again , I guess I 'm not even sure of the problem and that 's why I was saying to Paul , I 'd just like to see the spaces that people can move into . I can 't any decisions right now . I 'd like to see staff show us where they can move in and how many we 've got and , we don 't have , you knot . We 've talked about this before . If your car breaks down , other than Gary Brown 's little place , that 's the only service station you can go to right now to get your car fixed in town . I don 't think we really have , I don 't have the impression that we have , I have the impression we don 't have enough auto related . Batzli : Sinclair or whatever that place is , don 't they fix cars there? Aanenson: There 's one in the industrial park . Farmakes : There 's a radiator place . That 's where they probably should be , like Lake Susan over there . Scott : But who else is going to buy that land and build something on it? I mean you 're looking at fast food . You 're looking at gas . You 're looking at auto related uses . Farmakes : I 've always thought car repair should go in an industrial area but it doesn 't coincide with their advertising . Scott : No , because they need that repetitive drive by and then when you need it , you know where it is . Farmakes : But no other businesses enjoy that necessity . Scott : Well like J & R Radiator I think is a really good example because the only way I found out about it is I went into Brown 's with a radiator problem and they said , oh we get our radiator 's fixed over there , and I went what? So they do mostly work for gas stations . Planning Commission Meeting May 19 , 1993 - Page 43 Farmakes: If you were doing a Mac truck repair , you 'd be in an industrial area . Discernably , as far as what they 're doing , it just happens to be a little larger . . . Batzli : Well , it 's the advertising drive by . Well Paul , why don 't , let 's proceed along Ladd 's proposed plan which is , let 's take a look and see if there really is a problem . Now that we 've talked about it for a half hour . We don 't know if there 's a problem yet . Scott : I don 't think there is one . Conrad : Mr . Chairman , could I just go back to an item on the entertainment complex? Batzli : Sure . Conrad: I 'm going to say this for Paul 's benefit . The memo that was done from Curt Green , I don 't think really says what came out of that meeting at all . I 'm not convinced that Plan 10 was , it indicates that some decisions were made out of it . Boy I tell you , I don 't want anybody to believe that this is something that I thought reflected the comments that I heard that night . It reflects what he heard but . Scott : Well that 's what he wanted to hear . Conrad : I don 't know , you know . It 's obviously from memory and boy , I don 't even like it being public record to tell you the truth . It 's almost like it 's steering , it might steer somebody who forgot what went on at that meeting and that is not it . This does not document the concerns that I _ heard . The concerns that I heard were , we don 't have any plan that 's viable on the desk . The concerns that I vocalized was to have some kind of an indoor center , or city complex that community could gather in . And I saw some support . I guess I wasn 't the only one that thought that . Batzli : When Ladd raised that early on , before I left , there were not only numerous heads shaking but several people spoke and seconded that idea in concept and that 's nowhere to be found in this memo . Krauss: You know what? It 's like mercury . It keeps dancing all over the place . I think they 're on plan 13 or 14 now and I know the one that I saw the last time did have a lot of community space . Did have the high open entrance that made it real appealing and did incorporate I think , some of the things that they were hearing . Whether it was all of it or it meets your goals or not , I honestly don 't know . Conrad: Yeah , I just wanted to make the point . Not to resurrect all the negatives but just to say , I don 't believe this . And if you 're ever in a position of people asking your opinion of what went on, because that 's not it . Farmakes: Have you ever seen a development use be so fluid as to what it 's going to be . I mean we 've worked on this from the inception of where the community center 's supposed to be now , what 6-7 years . And yet really no definitive , hard marketing information for needs analysis has ever followed Planning Commission Meeting May 19 , 1993 - Page 44 that . I know that the earlier commissions did some but this sort of is almost , it 's a grab bag of possibilities to be used with no hard information and analysis , any hard information to follow it at all . Krauss : I raised , I mean I 've heard you say that often enough Jeff and when we had the department sitting down on this , I kept on belaboring the - point and that 's how we sort of , that 's how we came around to the idea of the brochure . What Todd Hoffman will tell you though is , he 's got realms of data about who 's using programs . How many people they 're turning away - from programs . Per capita rates of how many basketball teams you get and how many rooms you have to rent and if that 's the rate we experience with 14 ,000 people , what 's it going to be when we have 25 ,000 people . I mean that kind of stuff he can put together . Farmakes: Sure , but can it be put together in a logical sequence? That 's a building , a purpose and location for the correct solution to those problems? Not that it couldn 't be but I 'm just saying it hasn 't been offered in such a way and I think how many versions has come from this recently is reflected with the confusion that 's involved there . It 's almost like we have a fixed amount of money . We know we want to put it there . What the heck do we come up with to figure out to do it? It seems to me that , if you 're looking at a location for that particular service , you 're going to wind up where it fits on a couple really good and the resl of them are thrown in just to make the tenant list . And that concerns me Scott : In this situation , I mean where it 's so chaotic and there 's no clear direction , I think this is a great opportunity for the Planning Commission to just say , and this is kind of what you 're working on is , here 's the one pager that says this is what . . .and here are the responsible_ parties . Park and Rec should do this and , some people may find that noviceably offensive but there really isn 't anybody who 's saying , hey . Dc you know what the problem is . If we don 't , here 's where the data can come from and so I think what we 're driving at is a direction , to give some direction from this body and then yeah . Put a brochure together and kind of like they did with the bond referendum . They knew what the problem was . They surveyed and they found that the people didn 't really believe it or really understand it . Krauss: That 's exactly the kind of brochure and same organization . . . Farmakes: There are two types of brochures . One sells ideas and the othe one forms ideas . Krauss : Well , and this one doesn 't need to sell . The ones that I 'm familiar with and you have copies of them all upstairs , were selling bond issues . The likelihood here is that we won 'd need to sell a bond issue . We just want to gather a community consensus on whether this is a reasonable thing to do or not . Farmakes : I 'm backing up to my earlier community civic center development- Mancino : So you 're trying to get buy in from the community? Planning Commission Meeting May 19 , 1993 - Page 45 Krauss: They 're trying to get comments and buy in and understanding . And again , the financing is all open . One of the reasons it 's where it is is because in the tax increment district , you only have the ability to build it if it doesn 't go above a certain number , or out of tax increment funds . Anyplace else we don't have that ability . And then there was some talk _ about doing that for most of it and then going out for a small bond issue . But the thing has been fluid . I mean not too long ago it was a conference center that was being driven by the fact that the hotel wanted to expand , which was a reasonable idea . Then tacking recreational facilities onto it . And then when push came to shove , we found out the hotel was a ghost . I mean they may want to expand but they wanted us to find all the costs and carry all the charges and they may rent the rooms from us on occasion . Well that wasn 't going to work . Then there 's all kinds of interations with Bloomberg and , I mean these kinds of negotiations go on with virtually every project we do . You just don 't normally know about it . And this is a _ much more public kind of format . Now ultimately you do hear about projects but it 's when they 're pretty well defined . Batzli : Do you know what the driving force is to include a pool in the project? Do you understand that? Because clearly the School District will build a pool out at the elementary school if it 's needed . Krauss: No . No . That 's not true . Batzli : Well , that was what was said to us at the meeting was that they came in and the first thing they said was , are you going to build a pool or should we at the elementary site? That 's what Don said . You 're telling me they said something else . Krauss : We met with them this morning . The pool wasn 't going . . . I mean it 's conceiveable that a pool could be built out there but it 's wholly at city expense . The school doesn 't need one for a grade school . Mancino : But again , it is a TIF district and there is money to build a pool there . Krauss: It is a TIF district out there . We already spent considerably sum of money to buy the land . We want to spend money to build the bridge under Highway 5 and various other things . Batzli : My only point is , the plans that we 've seen so far don 't include the rooms that were apparently the initial driving force to this whole thing . The meeting rooms , that type of thing . Krauss: The most recent plan , the one that I saw on Monday does include substantial meeting rooms . It does include a very large multi purpose room that can be broken up and reassembled . You can hold affairs there and that kind of thing . Batzli : Does it have 2 gyms , 4 racquetball courts and a pool? Krauss: I believe so . Batzli : How do they bring that in under $6 million? Planning Commission Meeting May 19 , 1993 - Page 46 Scott : They can 't . Krauss: I think one of the gyms was shown as a future phase . If my memo serves . Don 't quote me on that because I mean , I 've seen so many of these plans I kind of lose track of it . -_ Batzli : No , my point was . They keep on including the same things and juSL kind of shuffling them around like it 's a shell game and the numbers always come up that we can 't afford it . And I 'm just wondering why we have this perceived notion that we have to build a pool in this location . Is it because this is supposed to be a kid area where , unless there 's a pool they won 't come or I mean I guess I don 't understand . Krauss : Well , there 's a part of it that I can 't speak to directly but I think a lot of it 's coming from Todd Hoffman and the perception of what Park and Rec believes is important to support their functions and communis functions based on their day to day interaction with these things . And I mean Todd and I kid each other about it . I mean he 's very single minded and he is the Park and Recreation Director . That 's what he cares about . mean the rest of it is peripheral . And when he says well I want to build this pool and I 've got to get more TIF money and your senior project just died , I go the hell it did . We 're still building a senior project and - we 're going to , I mean there 's a lot of give and take that goes on . Again I think what 's different here is you 're being exposed to a lot of it . Toad does have numbers to back up his stuff but we want more than numbers and _ that 's why we 're talking about bringing in Southside Consulting Firm , or survey firm . Farmakes: I still , for the life of me can 't figure out how they can defii-) from marketing information how that 's the draw for children . Not unless they have a drivers license . I can 't for the life of me . It 's inaccessible for children in that location . Batzli : Paul keeps telling us that our downtown is pedestrian friendly though . Krauss: Well , and one of the things that I don 't like about this plan , oi.� of the things I don 't like about plan 14 or whatever it is , is because of the most recent iteration of the deal with Bloomberg , we lose the pedestrian access to 78th Street . Batzli : That has to be in there or you don't have my vote on it ever . _ Scott : Yeah , you 've got to be able to go from downtown . Batzli : That 's ludicrous . Krauss : Now Bloomberg wants , I mean his component is he wants to keep the retail a retail space in the Frontier Center so he has leaseable stuff . He 's concerned that if there 's an entrance there , that he loses parking . You 've got to make sure that people don 't park there . Batzli : Hog wash . Hog wash . Pure hog wash . Planning Commission Meeting May 19 , 1993 - Page 47 Krauss : Well , I have the same concern . Batzli : You have the concern that there won 't be parking for the retail? Krauss: No . I do have a concern . There will be some conflict there . I think you can sign it adequately and make it more convenient for people to park around the back . Batzli : That whole discussion assumes that all the traffic will be coming from the northeast part of the city which it will not be once the city develops . Krauss: You 're probably right . Batzli : And once the city develops and Highway 5 and you start developing the southern part of the city , it was all going to come from the south . There 's not going to be a single person dropping off kids on the north side of the building . Krauss: Well , I don 't think that 's true though . Batzli : No . The entire area north all goes to Minnetonka . You 're not going to see anybody coming from the north . Krauss : You 're going to have , I mean everything north of Highway 5 is going to feed this access boulevard which is 78th Street . Batzli : The people north of TH 5 , a large chunk of them all go to Minnetonka . Not one of them is going to go this community center on a regular basis at all . Krauss : Where in Minnetonka? Batzli : Minnetonka School District . They 're not going to do this . They 're not going to go to it . Scott: Well , you could talk about north of Lotus . Batzli : They don 't go to Chanhassen/Chaska stuff . Farmakes: I would still define it and I 'm almost certain the marketing information 's going to show this , that that should be defined as an adult recreation center . For the square footage that it is and the amount of people that it will serve . That 's just my opinion . There 's just no way you can convince me that that 's a kids center . I wouldn 't drop my kid off _ there . Batzli : I will maybe . But I go to Minnetonka so I wouldn 't do it . Farmakes : I wouldn 't want them walking through a 200 car parking lot . No way . Batzli : Well , yeah . I don 't know . One final thing , because this is going to be ongoing obviously . Existing use zoning down in the business fringe/ Planning Commission Meeting May 19 , 1993 - Page 48 on the bluffs . Can we put that somewhere? I asked Jo Ann to put that on our schedule . Krauss: Well it 's been on our schedule . Aanenson: That 's Jo Ann 's project . Batzli : Yeah , but I don 't see it on here anymore . Did it , it somehow fell off . What happened to business fringe? Krauss : Did it fall off? Batzli : I think you bumped it right off of here . Krauss: It must have been a Freudian slip of the pen . Batzli : Your list got too long . It fell off onto page 2 or something . I mean it 's been on there for years and suddenly it was gone . It 's my one issue . My one issue that I 've been on the Commission now for 5 years and we haven 't been able to get to it . Krauss : So as long as we keep it off you ' ll stay on the commission . Batzli : Anybody else or shall we adjourn . Scott moved , Conrad seconded to adjourn the meeting . All voted in favor and the motion carried. The meeting was adjourned at 10:20 p.m. Submitted by Paul Krauss Planning Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING MAY 19, 1993 Chairman Batzli called the meeting to order at 7:40 p .m . MEMBERS PRESENT: Joe Scott , Nancy Mancino , Brian Batzli , Matt Ledvina , Ladd Conrad , and Jeff Farmakes MEMBERS ABSENT: Diane Harberts STAFF PRESENT: Paul Krauss , Planning Director ; Kate Aanenson , Senior Planner ; and Dave Hempel , Asst . City Engineer PUBLIC HEARING: CHANHASSEN VENTURE , INC . WHO PROPOSES TO CONSTRUCT AN 18,522 SQUARE FOOT BUILDING . AN UPPER AIR INFLATION BUILDING FOR LAUNCHING BALLOONS , AND A FUTURE NEXRAD RADAR TOWER FOR THE NATIONAL WEATHER SERVICE ON PROPERTY _ ZONED PUD-IOP, PLANNED UNIT DEVELOPMENT-INDUSTRIAL OFFICE PARK . LOCATED EAST OF AUDUBON ROAD AND SOUTH OF HIGHWAY 5 IN THE CHANHASSEN BUSINESS CENTER . Public Present: Name Address Greg Doeden 8480 Swan Court Ross Huseby 1431 Heron Drive Ken O 'Konek 1421 Heron Drive Jerry Krieger 2800 Wayzata Boulevard Joe Edeskuty 406 Cimarron Circle Gay Schmidt 8301 Galpin Boulevard Mark Anderson 1441 Mallard Court Kate Aanenson presented the staff report on this item . Chairman Batzli called the public hearing to order . Larry Predwick : First of all let me begin by saying that the National Weather Service is in the process of beginning , or not beginning but in the early stages of a rather large scale modernization effort across the entire country . We 're taking advantage of a lot of new technology which is coming to age right now . We 're working our weather service operations into a — format that each office , unlike what we do right now . For example in Minneapolis , at the airport we have what we call a State forecast office . That State forecast office is basically responsible for the majority of the forecasts and the warnings , especially for winter events and so on , that cover the entire state of Minnesota . We 've got local field offices , such as International Falls , up at Duluth , Rochester , St . Cloud and so on that provide some detailed local services . The organization that we 're going into in the future will result in just about each one of the new field offices , which in the state of Minnesota will be at Duluth . Will be at Minneapolis . Then a flank up near Fargo . Or actually Grand Forks . Over at LaCrosse and down at Sioux Falls . Is that each one of those offices will , for all practical purposes be equal in the type of service that they will be providing . One of the corner stones behind this new field structure is the new radar system that we are in the process of installing . Planning Commission Meeting May 19 , 1993 - Page 2 The Weather Service is already under contract with the Paramax Corporation to purchase and install this new equipment . It is , to say the least , a - major change in the technology that we 're using today . We would be obligated to go through some sort of a change even if it was not for the new capabilities of the system , because quite frankly the radar equipment_ that we 're using today , we number systems . We call them , like for example you 've heard the number 88-D . WSR 88-D stands for Weather Surveillence Radar , Model 88 Dopier . The reason that the 88 is there is that stands for the year in which the design was locked into place and started using that level of technology . The current system that we have today , for example the International Airport here , and also at a number of other places around the country is a WSR 57 . Maybe that will tell you at what point that radar was built . In other words , in 1957 that 's the type of technology that we 're using right now and quite frankly we 're the only federal agency that teaches it 's technicians how to maintain vaccum tube technology . Because _ that 's how old this equipment is . So we would have to replace it no matt4 - what . An important aspect of this technology is , it gives us the ability to look at the atmosphere , especially storm structure in a manner in which we 've never been able to do before . As best as I can maybe give you an - analogy . If you 're familiar with CAT Scan or maybe better correctly an analogy of an MRI . We can do now to the atmosphere with this type of technology what an MRI can provide a doctor with being able to look at the human body in all three dimensions . And also pick out whatever dimension that they want to look at . So consequently it 's important where we place this particular piece of equipment . You 've heard the term an X-ray I 've used and let me begin here by giving you a little quick update on what these terms Nexrad means . Next generation weather radar . It 's going to provide a continuous scanning of the atmosphere , contemplation of severe weather , percipitation estimates and early detection of tornadic storms . The system is being jointly paid for by three agencies . The Department of Defense , the Federal Aviation Administration and the National Weather Service . The primary function of this new particular technology is that _ we 're going to be able to increase the average tornado warning time , improve the accuracy and descriptions about the locations and severity of thunder storms developing a distinction between severe and less severe storms . And just this whole list of things that you can see here which is- not really possible with the level of technology that we 're working with today . For all practical purposes today , the only thing that our radar can look at is what we call reflectivity . This particular new piece of equipment gives us the ability to look at all of these different types of parameters . And I think out of this whole thing there 's about 500 and sor,s: odd different , individual subsets of this that we can look at . These radars are being placed in a national network . This will give you an idea of the rough distribution and it 's important where we place these things because what we want to be able to do is to best we can , to cover the entire United States . This particular slide right here shows the coverage- at 10 ,000 feet for the country from the network that we 're planning on putting in and with the exception of these places that you see out here , way out west , which is due to extremely high mountains and so on . And also there 's very , very low densities as far as population is concerned . There 's a few places that we 're not going to be able to cover as well as we 'd like . The systems that are going to cover the state of Minnesota are depicted in this slide . See we 'll have one up here . Actually this is a - little town called Mayville . Weather Service office will be located at Planning Commission Meeting May 19 , 1993 - Page 3 Grand Forks . And then there will be a radar located at Duluth , the one here in Minneapolis and one at LaCrosse , Quad Cities , Des Moines , Sioux Falls . This will give you an idea of the approximate level of coverage . Placement of these is rather important because of the ability to be able to look at the vertical structure of the storms and the atmosphere . It 's the objectives to place these things in the approach zone of severe weather to the largest population center that we 're attempting to cover , which in this particular case is going to be Minneapolis . That 's why in this particular slide you see what the approach zone of blizzards is . Frontal systems . The approach of severe storms , which are also the . . .producers . So it 's important that we place these radars as best we can in certain geographic locations . Also to take advantage of certain topographic features which helps what we call surpress ground clutter . And this is the projected coverage of the radar located at the site that we picked here . This is what we see at 2 ,000 feet or above . 4 ,000 feet and above and 6 ,000 feet and above and the reason that these elevations are what they are , is due to the earth curvature . Unlike conventional radars , this particular piece of equipment operates in an entirely different mode and this slide right here hopefully will give you some idea of what happens . Is that the radar - operates at a minimum elevation of a half degree above the horizontal . It makes a complete sweep and automatically tilts up to another half degree and makes a complete sweep . It goes up again and makes another tilt . Makes a complete sweep and so on . So it goes through 14 elevations in 5 minutes in this particular mode , what we call volume coverage pattern 21 . It will do it in 6 minutes at 9 elevations and there are several others and so the end result is , is that we wind up getting a volume coverage of the - atmosphere and this will kind of graphically give you an idea of what that looks like . From that then we can go back and because of the computer power that 's available today in fairly small and compact systems , we can go _ and analyze the atmosphere in a manner in which we 've never been able to do before . The site that we picked is actually somewhat of a compromise because there are other sites we looked at and the simple fact of the matter is , this is the best site for the available dollars and cents . And without going into any more details , here 's another couple things here . Since the last meeting that we were at , I brought along a couple of interesting little pictures here that we talked about but I really wasn 't - able to show the last time I was here . One of the things that we ' ll do , and why we 're working with the FAA on this is because the system will give us the ability to look at the upper part of the atmosphere in a manner in _ which we 've never been able to do . Every 6 minutes we ' ll get a complete wind profile . And why the FAA is interested in this is because it also helps provide input as far as information related to wind sheer . I think it goes without saying that if we could prevent one aircraft , commercial - aircraft accident as a result of this piece of equipment right here , it would have more than paid for itself a thousand times over . Another thing we can look at , and this is one that I took off of a radar down at Kansas - City a few days ago where we had a rather sizeable severe weather event go through . The system can sit there and monitor storms that otherwise we would have to do manually , and one of the things that you will notice that _ this little juncture right here . See that little circle . What the computer has done is it has analyzed a spot right there and said that at this location the computer has identified what we call a mezzlocyclone . And indeed , because of this particular little indication right here and the - subsequent issuing of a tornado warning , about 10 minutes later a tornado Planning Commission Meeting May 19 , 1993 - Page 4 did touch down in this location and moved across just to the north of Kansas City and consequently we were able to provide additional warning time , lead time that we 've never been able to do before . And lastly , thiE is a picture that I took off of the radar at , this occurred last Sunday night . This is from Wichita , Kansas where we had the system operating . - You ' ll notice around here in this particular location , correlate this to the percipitation amounts and what it showed here , which we would have not seen before , is we detected percipitation amounts in the 6 to 7 inch range_ in less than 3 hours . And consequently we were able to put up flash flooc warnings for Coffeeville , Kansas considerably earlier than we would have otherwise and potentially may have saved a number of lives in this area because of the indications that we got from here . And as it turned out , H received an official report , unfortunately had we had to wait on that and not have this radar picture , that report didn 't come in until the next morning but the report came in , 6 .7 inches of rain in a 2 hour period of time . So as a result of having this kind of technology available to us , L. were able to do a lot better job in protecting both lives and property within that particular community . And with that , that in a nutshell is _ basically what we 're going to be doing and some information pertaining to the radar . The only other thing that I might mention regarding the site is , is that one other thing that will be going on there , and some questions had come up about it and that is the launching of a small instrument package twice a day . What we call an upper air sounding . And I might point out that the balloon that will be released is about twice the size of , and by the way this is what will go right here . Will be released twice a day from a balloon , or carry a balloon that 's about twice the size of this screen and just for informational purposes . Here 's an example of the little instrument package that it will carry . This particular piece of equipment right here is only a shelter for parabolic reflector in there that does not have any radiating characteristics at all . All it 's doing i it 's tracking a little radio signal that comes from this instrument right here . If you 've ever heard of a radio . . . , that 's what it 's called . So , with that I 'll , unless you have any questions . Batzli : What happens to the instrument once the balloon decides to come down? Larry Predwick : The instrument actually is carried aloft , it gets up to sometimes as high as 50 ,000 to 60 ,000 feet . There is a parachute that 's - connected to it and whenever the balloon bursts , then the instrument is brought back to ground via this parachute . And normally that 's anywhere from 50 to 60 miles down wind and we get about half of these , not half but- maybe 4Q% of these are returned . You 'll find on the side of this it says , Notice to the Finder . This instrument is the property of the U .S . Government and explains what it is and inside of it there 's a little mailing package and we just simply ask people to drop the entire package inside the mailing package and give it to the postal service and they send it back . And they 're reconditioned and re-released again . The only ones we generally don 't get back are the ones that go into mountains and the ones that we release off the east coast of the United States . Those we rarely see . Any other questions? Batzli : Are you going to address the issues regarding public health? Planning Commission Meeting May 19 , 1993 - Page 5 Larry Predwick: If you 'd like me to do that now , I 'd be more than happy to . Batzli : Why don 't you give us an overview . Larry Predwick: One of the things I think that is a misconception about the radar equipment that we 're using is that , first of all the system is in what we call a volume coverage type of scanning mode . In other words , the lowest elevation at which the antenna can come down to is a half degree above the horizontal . And then the majority of the time , approximately 5 minutes out of every 6 , the antenna is actually raised looking above the horizon . The way these types of radars operate is that they emit a short pulse of energy , literally measured in microseconds . That 's a millionth of a second . Then the radar transmitter turns off and it sits there and listens and waits for that signal to come back . And in a 24 hour period of time , the radar is in a radiate mode less than 3 minutes out of the entire day . The rest of the time that radar is sitting there listening for signals to come back . The Weather Service has studied this extensively in terms of it 's health aspects and this particular document right here , which was issued in April , 1993 , is a supplemental environmental assessment of the effects of electromagnetic radiation from a WSR 88-0 . Now I might point out in here that there are 30 pages of scientific studies that have been conducted with regards to the bio effects of radiation on the human body and these are all referree studies I might point out . And the bottom line of all this is , is that at the face of the antenna , 20 feet away from the actual face of the antenna , the average radiation emitted is .9 milowatts per square centimeter . At the ground level it 's .000043 . The standard by the American National Standards Institute is set at 5 milowatts per centimeter . I might point out that that is 8 , no . That 's 12 times less than the average amount of radiation that somebody would receive in 6 minutes in the sun . In terms of the system that we 're operating at ground level , that 's 10 ,000 times the radiation level from that radar unit . 10 ,000 times lower than the minimum standard established by the American _ National Standards Institute . Now the reason that we 've done a lot of research into this was because people have asked the questions and also we 've got employees that work there and we 're just as concerned about their safety as people that are living in the area near this . I think it 's safe to say , no pun intended , it 's a pretty safe piece of equipment . Is that enough , or would you like me to go into more detail? Hatzli : We may have some more questions later . That 's fine . Aanenson: Okay , I think it 'd be appropriate then to maybe let Wayne go _ through and talk about the building layout itself and maybe just before he starts . Just to get you oriented a little bit . The access off of Lake Drive East , as mentioned . The radar , which will be , it 's actually from the top of Audubon Road it will be about 107 feet which is another reason that the staff felt good about this . This site is actually recessed and it 's lowering the height and the impact of that tower . We ' ll be behind that facing , actually facing Audubon . Then behind that , which is closer to Bluff Creek Estates , will be the upper air inflation building . So I ' ll let Wayne walk through all that . Wayne Perlenfein: Kate has done an excellent job . I 'm Wayne Perlenfein with the architectural firm that 's been hired . . .national standards building Planning Commission Meeting May 19 , 1993 - Page 6 for this use . By way of clarification , there are 3 structures that will gp on this site in terms of buildings . Not 2 . We have the major building , which is the research facility for the monitoring and forecasting of the weather . . . There 's about 17 ,500 square feet . Behind it we have a generator and storage building of approximately 800 square feet and then out in back we have the upper air inflation building , that you 've been speaking about . . . So there are those 3 major structures . Besides the 2 , and you can ask the question later of Larry , the configuration of the two — towers that sit on the site . One satellite and one . . .excess radar which 9 in the package . . . The building itself , the major building is a masonry building constructed of 3 types of brick . We 've brought the sample that the government typically uses for your consideration . A majority of the building is this , with some accent banding and then some 8 x 8 colors here The storage building out back is constructed of the same material , the same colors and the upper air inflation building is a block building with integral color that compliments it . 10 feet away you wouldn 't know it 's not brick and Kate has a picture that she . . . The building is straight forward . I might draw your attention to the fact that the site plan that _ I 'm looking at here is somewhat different from the one that you have in your packet . We had had a conversation with Kate after our submittal to you where we discussed landscaping location in a general sense and also in the parking . . .respond very quickly so we increased the parking . And we 'vE- moved some landscaping . . .but other than that the site plan is what you ha' , in your package there . It 's a 10 acre site . Approximately 2 acres is covered by either flexible pavement , asphalt parking or building - structures . We have an open area . . .The elevation as shown on our drawing right now , to the finished floor is at 938 or roughly 38 feet . To the best of my understanding . . .given by the PUD people , Audubon Road is about 62 . _ Okay? So you can see that our building , you 're going to look down onto i1 , The view that you see here , the perspective , is a frontal view . You 're going to be looking at the back and Kate . . .so the building itself is nestled , if you will , into the side of the hill . Non-obtrusive . It 's dove in the site . . .we 're looking at a building height of about 15 feet . There are projections . . .so we 're at approximately , if you stand on the pavement on Audubon , the top of our building is 10 feet . So it 's at about eye leve-1 you 're at 15-16 feet above the roof . We believe that the landscaping provided by the PUD and the park development along Audubon will more than screen the building . The nexus radar tower , I forget the overall height of that . Larry Predwick: Actually the height would be about 136 feet . Wayne Perlenfein: Considering it 's location , it 's about the size of a water tower and will be projecting , because here again the position of the site , it will be about 20 feet above the tree line . You 're not going to _ have this symbol out there . . .That 's pretty much it for the building . . . Batzli : Kate . Did you have a chance to look at these modified plans? Aanenson: Yes . We talked about the parking . That 's in the report specifically that we had mentioned , the maximum number of •employees that this building , they project to be 50 , with 36 at one time . Obviously , there 's going to be tours available so we felt that , this Code requires 8( Planning Commission Meeting May 19 , 1993 - Page 7 We felt that was much more than would be needed at the site so we felt that giving a variance allowing for 52 seemed appropriate for the . Batzli : But have you looked at this plan for compliance with your additional landscaping and things like that? Aanenson: No . We 've talked about the 52 and he showed me where he was going to put them on . I haven 't sat and physically looked to make sure that 's where they are but we talked about it . Wayne Perlenfein: The plan that you see here is the original plan the Weather Service presented to you in it 's early stages about a year , two years ago . What we did is we classified the building to a research facility and did . . .so once it was reclassified as an office building , and it kind of falls between the area as to what you want to call it . Aanenson: Your question is specifically , have I looked at that plan? Batzli : Yeah . Aanenson: No , but I told them where we wanted the parking over the phone so that 's . Wayne Perlenfein: And my answer is yes because this is exactly what was given to you a year or 2 ago and all we did was put it back on . . . Batzli : But this plan comes after the one in our packet? Aanenson: Correct . Batzli : And there are other conditions which we 're looking at and I 'm wondering if this has satisfied those additional conditions? Aanenson: No . There 's some other ones too . It might be appropriate now just to go through some of those if you 'd like . Batzli : Well let me ask the architect or the applicant . Have you looked at our staff report and is there any conditions in there that you don 't agree with at this time? Wayne Perlenfein: I think that there 's a , for lack of a better word , some tweaking that has to go on . Has to happen . For example , the matter of how you define the amount of landscaping by your rules and regulations . We ran the numbers and it depends on , are you counting the development on site as being site landscaping or is it a separate entity altogether? If it is , we 're overlandscaped so by your formula we don 't need any landscaping . If it is a separate issue by PUD regulations cannot be counted , then we 're under landscaped . That 's an issue we want to work with staff on to make them , we have to meet somewhere . So that 's why we have not endeavored to _ relandscape the entire site after that submittal because we don 't know to what degree the PUD landscaping is going to count or qualify . Batzli : Okay . Thank you . Kate . Planning Commission Meeting May 19 , 1993 - Page 8 Aanenson: Okay . Let me just talk about the concerns . Wayne talked about the parking issue that we 've already addressed . The other issue is the landscaping . When we put the PUD together , it was a requirement that the ,• had to do perimeter landscaping and as part of the PUD do some unifying themes , street lighting , streetscape along that interior street . In addition , we put a requirement that each site would have to go through anc provide a separate landscaping plan . We feel on this site that additional landscaping is required and we specifically mentioned again a lot of your - view off of Audubon is not going to be seen because you 're going to be looking over the top but we felt , looking from the interior of the street , Lake Drive , that additional landscaping should be placed on the front of _ that building . And we 've recommended tree species on that . The other issue is , we have the requirement for fencing of rooftop equipment . In this circumstances we felt , it looked a little contrive to put the fence up there so what we had recommended is the hipped roof that 's over the main r entrance , that that roof , a canopy be carried over all 4 sides . It 'd probably be easiest just to refer to this . If you look at this drawing , this element here with the fencing . We feel it 'd be much more appropriate to take this feature and put this on all 4 perspectives where the roof equipment would be . To get the back view , where you 're looking from Audubon . Instead of turning your back to that side altogether . . .and leave the fencing off and put the rooftop equipment . . .nice architectural featurE- so the back has a better appearance . Batzli : Have you taken a look at doing that? Wayne Perlenfein: The foodchain for this type of building , I can 't make those changes without authorization from the contracting officer or my employer , Chanhassen Venture . We support , from an architectural perspective , landscaping the site . We support Kate 's analysis of the froi._ tier look to the front and back . We supported the idea of embellishment and redefining of this front in the areas of development , especially from - the back and we have passed that on . So in the process . . .based on your request , will then go to my employer who will then pass it on to the federal government . . .and I ' ll work with staff to achieve . . . Batzli : The contracting officer is with which department? Wayne Perlenfein: The contracting officer is the people . Batzli : Which is? Larry Predwick: The Special Engineering Project Office . It 's an element of the Department of Commerce . National Oceanic . . . Batzli : So you 're getting funds from DOD but we 're dealing with civilian the Department of Commerce? Larry Predwick: Cepo does the design work or oversees or monitors the design work for the National Weather Service for all these agencies . The tri agencies that are involved , yes . Batzli : Okay . So the contracting officer is civilian? Planning Commission Meeting May 19 , 1993 - Page 9 Larry Predwick: That 's correct . Wayne Perlenfein: Basically , just for general knowledge , the federal constructs buildings two ways . They own where they come in with Big Brother and do their thing or they go through a private developer . This is going to be leased back to them . So that 's why we 're getting involved . . . _ But we support it and look forward to being able to make the changes wherever it comes down to . Aanenson: So just to go along with that , the fact that it 's leased is one of the concerns that the staff had . Originally , when the Weather Service approached the city is that we wanted a leased building so there will be taxes paid on this property . It won 't be a tax exempt property . Since it is leased , there will be taxes paid on that . The other issue was , we talked about the signs . The signs are in compliance . We ' ll have a monument sign which is one of the requirements of the PUD adjacent to Lake _ Drive . There was the Fire Marshal put in specific conditions specifically about the upper air inflation building and the fact that there is flammable materials being stored there . That will have to be constructed per their specifications . The other condition that we have on here is that around the bottom of the radar tower for security reasons they do require fencing around there . Again , more than likely you won 't be able to see that fencing because of the topography but we do want that . There is a walking _ trail along there . We do want that to be a green vinyl type fencing . Other than that , we feel that the type , the construction of the building being all brick . The materials as shown are consistent with the PUD and we feel it 's an attractive building . It will be attractive from the lakeside . Again , you 're not going to see much of it from the Audubon Road view . Other than that we would recommend approval of the site plan with the conditions as amended as we 've given you . The 15 conditions . We 'd recommend approval . Batzli : Okay . This is a public hearing . If there 's anyone else that _ would like to address the Commission , I ask that you come up to the microphone and give us your name and address for the record . And we invite your comments if you 're here to ask questions or give us your comments tonight . Is there a motion to close the public hearing? Conrad moved , Scott seconded to close the public hearing . All voted in favor and the motion carried. The public hearing was closed. Batzli : Ladd , I 'm going to lead off with you but I want to ask one more question that I forgot to ask of the applicant . And that is , the balloons _ are hydrogen balloons , are they not? Larry Predwick: The gas that we put in them is hydrogen, yes . The hydrogen is stored in the typical metal cylinders that you find , for example like a welding shop or anything like that . There 's no bulk storage of hydrogen . And the only amount to be used would be whatever it would take to fill a balloon . A few cubic yards of gas to fill a balloon probably twice the size of that screen right there . Batzli : So that 's stored indoors though? Planning Commission Meeting May 19 , 1993 - Page 10 Larry Predwick : It 's stored indoors . It 's stored in a specially constructed facility to protect it from any risk of . Aanenson: It 's stored in this part of the building . Yeah , and here 's where it showed how it 's stored . Wayne Perlenfein: They store 14 cylinders is all . There 's very limited storage . We 've given a list of the flammable . . . Larry Predwick: It meets National Fire Codes . Virtually all over the country . Batzli : And you will have an emergency generator so you will be storing either diesel or gasoline? Larry Predwick: Yes . Batzli : Okay . And where 's that stored? Wayne Perlenfein: It 's in a separate building directly behind this building , away from this . . . Larry Predwick: It 's right here . The radar has an emergency generator bL it 's inside one of the shelters that comes along with the equipment . And it 's self contained and everything in the inside . Wayne Perlenfein : Next to the , wecall it the EGG storage building is above ground . . . Batzli : What kind of volume of diesel do you store there? Larry Predwick: In the radar shelter there will be , about 250 gallons . - It 's enough to get us by for about 3 or 4 days . And in this one , not her( I 'd say it 's probably about a 500 or 600 gallon tank . Just estimating right now . Batzli : Okay , Ladd . Conrad: A few questions . Paul or Kate , who on the staff has signed off ( ) the health risk? It appears that there 's not much but who is? I 'm not going to say it 's good or bad or whatever but what person from staff has read the 3 inch report and said everything 's hunky dorey? Krauss : Well none of us you know is technically competent to sign off on anything . However we have , it 's probably fair to say , skimmed the documentation . When I first started talking to the Weather Service 4 yea) ago , because that 's 3 or 4 years ago when it first came up . I asked that question back then and got a huge presentation on it . A couple volumes of material . I 've also had an opportunity to bounce it off of professional - planning associated . . .various issues . Ionizing and non-ionizing radiatio) is one of them . They don 't deal specifically with this use but near as I can tell , the information was consistent with what I was reading . We 're taking the information at face value . We think it was very well put Planning Commission Meeting May 19 , 1993 - Page 11 together and assembled and we didn 't see any glaring holes in it but again we 're not experts in that area . Conrad: So who signs off and says that there is no health risk? Krauss : There 's no need for anybody to sign off on anything . Conrad: But I just . Batzli : He 's using signing off euphemistically . Krauss: Well , if we 're speaking in euphemisms , I mean you 're talking about what in our professional judgment and good conscience would be acceptable . Conrad: Well , you 're not a health care expert so I guess I wouldn 't ask you . Krauss: No . We 're certainly not competent to do that . Conrad: They 're presented a deal and I trust that some documentation 's been done and there isn 't a risk . I haven 't read it and I just would like somebody to say , yes . Based on looking at the conclusion , the residents who are here , that there is not , in our perception . Aanenson: There was a neighborhood meeting held April 28th . Conrad: And I 'm sure the neighbors . Aanenson : And at that meeting there were quite a few other experts , _ including a doctor that provided much more detail , technical information . We didn 't have that here at this meeting . That 's why we had a separate neighborhood meeting . So I think the comfort level of the technology was increased during that meeting . At least it was for myself too . Going - through and explaining how this works and hazards and that sort of thing . Larry Predwick: If I could add something here . This is a document that is _ prepared by Stanford Research Institute , which is an organization that is a branch of Stanford University . And they were hired by the primary contractors on this project to locate the most desireable sites to meet the technical standards for siting this piece of equipment . And part of this document is an environmental impact study and this is done for each and every site . This one right here happens to be the one for the site off of , I forgot the name of the road . Aanenson: Audubon . _ Larry Predwick: Audubon Road . And what it confirms is all of the other studies that have been done is that the radiation level is significatly , and to the tune of approximately 10 ,000 times below the standard . The occupational standard set by the American National Standards Institute . American National Standards Institute called ANSI . Established a level which they felt was an acceptable level from an occupational risk point of view . And what the study 's in this particular document and the other one - that I brought with me , that 's supported by just enormous amounts of Planning Commission Meeting May 19 , 1993 - Page 12 research , is that the radiation level from this particular device , at ground level , is 10 ,000 times below that occupational standard established by ANSI . Mancino: What happens when you have other radiation coming from TV towers=. or radio and you have them all converging in the same place? Does that happen? Larry Predwick: Standing in this room right now there 's electromagnetic radiation coming from , if we put a radio receiver down here , we 'd probabl) pick up a dozen stations from Minneapolis and who knows how many from surrounding communities . There 's radiation from the atmosphere on a - continuous basis , produced either artificially or natural . Simple fact of the matter is , this particular type of equipment right here produces what 's called non-ionizing radiation . Which means then that the own net effect i that if you were to receive radiation emitted by this device , the only effect is it would heat up the subject in which , that 's being radiated . Maybe I can touch on this . This is how much radiation you would receive in 6 minutes if you were in the middle of the summertime , under the sunshine . 80 milowatts per square centimeter in that 6 minute period of time . The ANSI standard is 5 for occupational safety . New microwave oven is .0060 10 feet away from it . Cordless telephone .00027 and our 's at 85 feet from the base of the antenna is .00023 . So the point being I guess is , when you asked about is this , in relation to the standard that 's been set by the American National Standards Institute , is it is considerable to_ the point of 10 ,000 times below their standard in terms of occupational safety . Conrad: I 'm not trying to turn into an expert on this , because I have to - trust the experts but with those numbers , the only thing that I 'm trying t clarify is a resident may be there for 50 years and this is on 24 hours a day . And that 's the only impact that I 'm trying to assess . Larry Predwick : But remember , the radar is not radiating 24 hours a day . The radar is radiating , at the most , only 3 minutes collectively out of the entire 24 hour period and 80% of that time it 's radiating up into the atmosphere not even horizontally . The lowest elevation angle at which the radar can come to is a half degree above horizontal . It is physically prohibited by a metal ring from going below that . It physically cannot dc that . So when you say it 's radiating . Yes , it 's radiating but it 's radiating less than 3 minutes out of the entire day . What it does is it sends out a short pulse of energy for just a few microseconds . That 's a _ millionth of a second . The rest of that time it 's sitting there iisteninc for that signal to come back . Batzli : Have you , it sounds and I don 't know if this is true or not . It sounds like you 've perhaps done these presentations to other cities that have installed these types of radars . Larry Predwick: We have one in Kansas City that 's actually closer to a residential area than the one here . Batzli : And in those developments , have those communities brought in experts to take a look at the findings and say? Planning Commission Meeting May 19 , 1993 - Page 13 Larry Predwick: Absolutely . Okay , and they were more than satisfied with them . The City of Pleasantville , Missouri . Which is about 35 miles southeast of downtown Kansas City . Batzli : The City brought in someone? — Larry Predwick: The City reviewed these documents , yes . And for whatever it 's worth , that is a developing subdivision for which the developer has indicated that there has been absolutely no impact on the development and _ the sale of the property . As a matter of fact , they 've raised the price of the property and it 's still selling . And there have been none of the residents in the area that have , and quite frankly it 's going to be , it 's less landscaped than this particular site here will be . Batzli : Okay , thank you . Ladd , you know there are EMI , RFI , to use electro mechanical lingo , type experts in the Twin Cities . And clearly - they 'd be able to look at that stuff and say , yeah . This stuff is accurate or yeah , this is kind of what the power level would be of a site like this . I mean are you looking for an expert to be retained by the City for some money and say , yeah . These studies are accurate . We 're aware of them and this is the fair scoop . Conrad: It sounds like the problem is so minor . Yet on the other hand , I 'm not sure . And that 's why I was asking staff if we had a health expert or somebody that could look and just come to a bottom line conclusion and say yeah . Based on what I 've read . I don 't want to say that it 's , I believe them . I have to believe right now that it 's probably pretty safe but I guess it is a risk . Batzli : I worked at a company that built monitors for computers and you know several times a month we 'd get letters from people saying , is it safe to sit in front of this monitor all day . And most of the studies say yes . A couple of them come out and say no , and what do you do? Nobody knows — what the long term effect of some of this stuff is . They 're still studying it . And if you believe the power levels that they 're talking about , then it 's awfully minimal compared to just walking around everyday . But you 're _ right . We could hire somebody to say , yes . These numbers are accurate . You know , given the kind of power signal they 're generating and their modulation pulse with or whatever they 're doing there , you know they kick out a pulse and then sit there and listen for however many microseconds . — And you know , is that what we 're going to be looking for? Somebody that can take a look at that . — Conrad: I don 't know . I guess I was looking for a Public Safety Director to read it or somebody that was on staff but , that just went through that , not 300 pages but to reassure me . Batzli : But they don 't have anybody on staff that 's going to be that much of a . — Conrad: I 'm interested in what everybody else has to say and again I don 't want to react . It just seems like it might be prudent to have somebody take a look at that . . . The only other question I have is , the color of the Planning Commission Meeting May 19 , 1993 - Page 14 dome on the radar . The picture you passed around was white . Is that what the color is? Larry Predwick: There are actually 4 different possible colors that could be used but white is the predominant color because I think the architect _ maybe can confirm this . But by and large structures of that type are les: obtrusive with that kind of color against the background skies opposed fo, example , there is color that 's green . The only places where we 're using that is in heavily forested areas that are usually conifers . Conrad: So what 's the color proposed for this site? Wayne Perlenfein: It 's white . Conrad: It is white . Because? Wayne Perlenfein : You will notice it less than the other colors . Conrad: What are the other options besides green? Larry Predwick: There 's a tan and a green . I 'm sorry , I should have said there was 3 , not 4 . Conrad: Jeff , what do you think about that in terms of standing out? Farmakes : Well I usually like my radar towers . . . I had comments on that It would seem to me to be the same as any other water tower . Conrad : Well water towers usually stand up . They 're atrocious colors - typically and it 's like we 're trying to make them stand out and not blend in . Farmakes : Usually they take a horizon color that minimizes the view under certain light . Obviously with all the different weather we have here , you 're going to , a light blue water tower is going to stick out on a gray day . So it just depends on , I would agree that white would probably be tf_, minimum . Batzli : Tan is , you 've seen Tonka Bay 's water tower? Isn 't that the tan - one? I mean that thing just looks terrible sitting there . Conrad: Yeah . And the blue 's . Batzli : No offense Tonka Bay . Larry Predwick: I should point out that we are somewhat limited in the colors we can choose because of the pigments that are in paint can serve e a reflector of the signal that 's being transmitted by the system so we do have a limitation and that 's one of the reasons why we just have gone with_ those three . In addition is the fact that the aesthetic of any other colc really we found , from an architectural point of view , don 't pan out very well . Planning Commission Meeting May 19 , 1993 - Page 15 Conrad: I 've always wondered why gray was not a color that is used for water colors . It 's probably not pretty when you see it on a swatch book but when you think of blending in and not being obtrusive , the gray seems like it fades in . Why not? Wayne Perlenfein: Psychologically it 's a very drab color . After the meeting we can discuss the psychology of colors if you 'd like . Farmakes: You 're supposed to stay indoors on a gray day . Batzli : But with the new weather station we 're not going to have any gray days are we . Is that it? Okay , Matt . Ledvina : Well I took a look at the information that was provided , and I 'm not expert but I 'm comfortable with the level of work that 's been done and obviously they 're establishing these sites all over the United States and I 'm not saying just because it 's been done before that everything is known but I feel they 've obviously had to think this thing through very carefully in terms of how many they have , whatever hundreds of this things around the United States . So I guess I 'm comfortable with the safety concerns that may be out there . I was , there 's one area that , well actually two areas that I am concerned about and the first one being the grading plan for this site . I took a look at the plan and I don 't really understand the extent _ of the grading . Essentially all 10 acres is graded and I calculate that , there 's 10 feet of soil that 's removed from the entire 10 acres . So that 's about 200 ,000 cubic yards of soil . And I just , I don't understand why that 's being done . I understand that this is part of a larger PUD but it 's hard to put that amount of earthwork in perspective when you have just this small area here . So I don 't know , maybe you could comment on that Dave . Hempel : Sure . As you previously mentioned , this is only one of the lots of the overall development . The developer is coming in for a site grading plan , or permit , excuse me . At the May 24th City Council meeting . With that I 'm coordinating the grading on this site as well as the remaining portions of the site . With this particular phase , there is generating quite a bit of excess material . Proposing to stockpile the excess material in two locations . One location would be directly southwest of this . I do have an overhead I could put up there . Ledvina : Are the grades approved for Lake Orive West? Hempel : That 's correct . Ledvina : Are they in a conceptual stage or are they in? Hempel : . .stage at this point . We have already installed a trunk watermain through the proposed alignment of Lake Drive West so we . Ledvina : Is that what 's happening out there right now? _ Hempel : That 's correct . The dark shaded area below the building site is a proposed stockpile area proposed by the developer of Chan . Business Center . I 've put a limitation of height of 12 feet on that stockpile area with slopes 3: 1 off of it . That material will be reused with the second phase Planning Commission Meeting May 19 , 1993 - Page 16 of the development , as you continue to the west , the site does drop off and needs to be filled and build up the pads for the future lots . They still anticipate though that there will be excess material needed to be hauled off the site once the overall , both phases are completed . Ledvina : And I guess that grading plan gets to another question . I don ' know what the value of standing on Audubon Road is and seeing the top of this building . I don 't see the value in that . You know , and especially when we 're taking 10 feet of soil off of the site you know overall . I 'm also concerned about how the grades match in on the west side of the property . Now that 's not part of the PUD , am I right? Hempel : That 's outside of the first phase of development . Ledvina : Okay . Would that area be graded in even to match it because there 's roughly a 10 foot drop on , a 10 foot bank . Hempel : On the preliminary grading plan for the whole development they do kind of show a lot benching approach . It will not be level . It will be benched so you will have a significant drop for the lots . Aanenson: Matt , I think some of the confusion is , we 're doing the gradinp- plan for the Chan Business Center , Phase 1 . And then this grading plan if I understand what your question is , but then there 's this grading plan specifically . I think it 'd be helpful if David explained the limits of , _ maybe show on here the limits of the grading for Phase 1 of the , because they have to put the road in . Lake Drive East so I think maybe that 'd be helpful . Ledvina : Lake Drive West? Aanenson: Excuse me , Lake Drive West . Yes . Hempel : The first phase of . . .The two stockpile areas I had mentioned , one was located in this area here . The other small area down here . It 's Possible if they have additional users of this property coming up here in the near future this summer , that they may expand the grading limits further out in this area as they start working on the cul-de-sac . Aanenson: We do know the Jehovah Witness will probably be coming through this summer so that 's this corner piece up in here so there may be additional grading . And they ' ll have access . That 's the only one we 've _ allowed access onto Audubon so they won 't have to grade that whole site . Ledvina : Could I just stop you? Do we have an overall grading plan for this development? Hempel : We have a preliminary grading plan for the overall development , yes . Aanenson: We approved with the Chan Business Center , yes . Ledvina : And that 's already been approved? Planning Commission Meeting May 19 , 1993 - Page 17 Aanenson : The preliminary one . That 's what Dave 's saying . This final one that he 's drawing for you right now , that 's going to the Council on Monday night . Ledvina : And then the other area that I 'm concerned with relates to the landscaping plan . Given the grading plan that we see here , the existing trees that the developer shows are totally removed from the site . There 's no possible way of saving one of those trees . Aanenson: The trees along the back fence line? Toward Bluff Creek Estates? Ledvina : Right . Aanenson: We raised that as an issue that we 'd like to see those preserved . Ledvina : This would be to the south then? Aanenson: Yeah . Straight south along , actually they 're in this area right in here . The tree line back in here . Krauss : The trees follow the old fence line from the . . . Ledvina : And those trees will be saved? Aanenson : We 'd like to see if we can work around them . Hempel : We believe the grades can be adjusted to save the stand of trees along that fence line property . Ledvina : And well I guess just in general , I 'm concerned about the landscaping plan . Essentially we really don 't have anything and . Aanenson : Well , they just submitted what was required under the PUD , which we 'd already seen . We wanted an additional site plan for this . Ledvina : So what we have in this set of plans is what 's required under the PUD? Aanenson: What the , yeah for the perimeter . What Ryan submitted as part of the PUD requirements . Ledvina : Okay . Wayne Perlenfein: If I could clarify that . What we had submitted is our interpretation of how you guys . . .putting landscaping on the site . If we are in error , we will increase it . Or if by . . . Krauss : Yeah , I think that 's the bottom line here . There 's actually two sets of landscaping . The one we thought the developer was . . .The other one was on a site by site basis and . . . Planning Commission Meeting May 19 , 1993 - Page 18 Batzli : Well in your mind , should the perimeter landscaping count towards partial satisfaction of what they have to install? Krauss: No , it does not and in fact the . . . Batzli : Okay . Matt , the outcome of this grading . You know , just grade the thing flat . Remove 10 feet of dirt . Is there something that you think should be done rather than doing it that way? Ledvina : Well yeah . I really think that the landform should be saved as much as possible here . We 're taking , granted it 's an open area but we generally like to see development that 's sensitive to the existing contou' s and it seems to make sense . We don 't like to have our landscape totally changed as development comes in . And also from the developer , I don 't see the value in moving all this dirt . Obviously if there 's additional phases down the road , maybe that can be justified but it 's , as I look at this as i single lot development , and I didn 't really have a good handle as to what , you know how it fits into the grand scheme of things but I just don 't care for the way it 's laid out . I think there should be less grading . Wayne Perlenfein : . . .the grade elevation of the proposed building . . .more than willing to work with staff to accomplish that . - Ledvina: Well I think that would be an important start . There 's all kinds of problems with the way I see the neighboring property lines and essentially you 're digging this thing down into this hole and of course tc the north and east , this will open up but still . Just it doesn 't look right to me . Batzli : Kate , is that current map up there oriented with north up? Befoti you just take it down . Aanenson: I 've got a grading one that will give you contours . I think there 's a lot of history that we should talk about before we talk about changing the grade . I was going to change the contours . This would be south and this is the railroad tracks . Audubon Road . . . As you recall , wE put this all slopes towards this Outlot A , which we preserved . That the City 's going to purchase . We changed the flood plain to put in a NURP pond which we 're draining down towards to pretreat the water before it goes ini , the flood plain . When we looked at this top initially we knew this would be one office building , there may be another oriented towards Audubon Road where there 's higher visibility but we envisioned this park as an industrial park . When this user is an office use and it 's a beautiful building , it certainly would make sense to look at this . But if it were an industrial type building , which a lot of these uses are going to be . An industrial with an office component , I 'm not sure , with maybe larger spanses of walls , I 'm not sure we 'd want to be seeing quite that much of the building . So it 's kind of user issue with that too . And raising what it does to the rest of the visibility . Some of the other sites to the - residents to the south . As far as some of the other utility issues , Dave maybe can speak to some of those . Hempel : It was my suggestion in the staff report to raise it up 4 feet of so just to serve as a sanitary sewer for Audubon Road instead of waiting Planning Commission Meeting May 19 , 1993 - Page 19 for the interior improvements to be done . And in conversations with the civil engineer , he had some concern with the driveway grade out to the _ proposed street of Lake Drive West . They were getting up close to 7% and there will be an occasional tractor trailer entering and exiting the site and he had some concerns with the driveway grade if we do raise the building so . The intent now is to bring sanitary sewer in from the west to be able to serve this building so my concern I guess was raising the building has been resolved essentially . As far as the grades go out there . I think they are counting on this fill material for future use . I 'm not saying they can 't go back to the drawing board because this isn 't cast in stone yet to adjust other grades out there to make up the less cutting . Ledvina: Well if there 's less cutting here , there will be less filling on another site and maybe that 's . . .that way . I don 't know . I guess when I see 10 acres totally graded , it makes me nervous . But again , I didn 't have the perspective of the whole development in that , frankly that happened before my time so I 'm not understanding what all happened back then . So I guess in general I would support an amendment that would raise the grade of the building let 's say 6 feet . I think that 's a start . And I think the soil borings can be adjusted down the road . When the other parcels are developed . _ Batzli : What do you think of staff 's argument that we might not want to look at the building . I mean we 're trying to save landform but maybe there 's a corresponding viewpoint of the neighbors next door that if they can be dug down into a hollow , great . Ledvina : Well , I don 't know . I 'd rather not look at a roof if I was driving by . I 'd rather see the building that 's there , and this is an attractive building . Wayne Perlenfein: You 're going to be hard pressed to see the roof . You 're 100 feet away . You have to look through the development of a parkway , bike trail . You 're 15 feet below . . .and now you want to bring it up to the roof . . . Batzli : We don 't have an elevation view from the road do we? Aanenson : Yes we do . Batzli : Ask and we got it . Aanenson: This one , you ' ll have to put it in perspective . We did this during the , when we put the Chan Business Center together . This would be Audubon Road here and this is showing a . . . kind of give you an idea . Batzli : This is going to be a one story building? Aanenson: Yes . So you 'd be below that . Ledvina : What 's the distance between the road and the building? Batzli : In our case Kate . Not in that drawing . Planning Commission Meeting May 19 , 1993 - Page 20 Aanenson : Oh from this one? Oh , it 's 100 feet . Batzli : How far away from the road is this building? Aanenson: I have it in the report here , hang on . Hempel : It must be about 440 approximately . Aanenson: Yeah . 300 plus I think is what . Batzli : Okay . Ledvina : No further comments . Batzli : Okay , Joe . Scott : So what I 'm hearing as far as the , Dave you can help me out here . The grades for the street out in front has already been set . If the building is moved up 4 feet , that 's where you get the 7% grade from the - street , for the semi 's and all that kind of stuff . Hempel : That 's correct . Scott : I understand that . We 're 400 feet from Audubon . But in my mind I 'm thinking of the nexrad tower is 130 some feet off the ground . Was there any objection or questions or so forth by the residents in the area - any questions about that particular visual impact? Aanenson: There was some and we put a picture in there showing what it ss would be in relation to a water tower . Give you scale and Dave had told n that 's a similar height to some of the water towers we have in the city . There was a concern of whether or not it would be lit , and it 's my understanding that there 's just a small red light on the top . Scott : There 's a light but there 's no beacon . Aanenson: Right . Larry Predwick : That may not even be required on this particular tower because the only requirements are when they 're at least 200 feet or higher Scott : Okay , that 's an FAA requirement . Larry Predwick: That 's correct . Any tower that 's over 200 feet are required to be lit . In this particular case this will not be anywhere near air space . Controlled air space . We probably will not have any requirement to light it . Scott : The only additional comment I 'd like to make is , I contacted a person from Crossroads Medical Center who had a background with the Armed Services and he had provided me with a huge stack of , you guy 's probably know what the acronym NIOSH is . What is that? NIOSH . I think there 's a National Institute of Safety something or other . But anyway . Planning Commission Meeting May 19 , 1993 - Page 21 Larry Predwick: Oh , ANSI . Scott : No , it wasn 't ANSI . But anyway , some reports that I had read through and it looked like the Kansas City facility was studied and a couple of other ones and it was , the findings were the same . The radiation levels were miniscule and so forth , so I mean personally I don 't have a problem with that . And I really appreciated your comments on the angle of the beam with regard to the horizon . That was very , very helpful and I appreciated your efforts in simplifying this so we could at least get a grasp of it . I support the project . I don 't have any further comments . Batzli : Okay , thank you . Jeff . Farmakes : Well first of all , I think I 'd like to say that in this world of change , it 's nice to know that the government can still come up with an acronym for an unbelieveable amount of things . I agree with Ladd to start out with . I think it would be prudent for the city at least to look into or follow up where this radar is and in reading the study , or the information that we have here , it says the general public . Then it clarifies or quantifies it by saying that , in a few instances some people have problems with it . What are those problems? People get radio reception in their fillings or I mean , what is it? It doesn 't clarify what those problems are . Is there a response to that? Larry Predwick : Are you directing the question to us? Farmakes : Yes . Larry Predwick: I think maybe some of this may be due to the fact that _ there 's been a lot of media attention to some of the aspects of electro magnetic radiation along high voltage power lines and things like that this . There 's been a fair amount of publicity related to that . And I think that things have to be put into perspective . This type of system and the radiation that it emits is entirely different . For example , labeling the . . .power line is miles so that the bioeffects are , in other words the entire area is placed within the effect of that wave . We 're talking here about a wavelength of 10 centimeters . Entirely different . We 're talking , there 's no way to compare the two in terms of making an analysis between the effects of let 's say , what you may have seen in a lot of unreferreed _ science magazines , if you will . As opposed to the type of equipment that we 're operating here . A lot of these type of systems operate in a continuous radar operating mode . Our radiating mode . Microwave towers for example that transmit data communications on a continuous basis . Are in a continuously operating transmit mode . This one is not . It 's only operating in a transmit mode less than 3 minutes a day and most of that time it 's looking up in the air . Farmakes: So there is no substantiated complaints anywhere where this radar currently operates? Larry Predwick: There is absolutely no evidence to suggest or to support a linking between any health hazard with this type of equipment . Planning Commission Meeting May 19 , 1993 - Page 22 Farmakes : Irregardless I am going to disqualify myself . I don 't feel that my background qualifies me in any way , shape or form to digest this on a - medical basis . On the face of it , it doesn 't seem like it 's a problem at all . They 've brought in information and Stanford certainly is a well known University but I feel uncomfortable that if I nod on this thing , yes . It 's not a health hazard and I 'm not qualified to say that . I don 't know whether or not the City wants to pursue getting a second opinion of that . Either going to the University or any of other health people but it seems to me it couldn 't hurt . Although it may cost us a few dollars . I agree c-1 the landscaping . It could be more , particularly to the front view of the building . Break it up a bit more . The other question I have is , are there any phased additions to this building in the future? These 10 acres . Wayne Perlenfein: No . Farmakes: Okay . so what we see is what we get here in the future . Wayne Perlenfein: Absolutely . Farmakes: I like the fact that it fits in , as staff has said with the openness . It seems like , in relationship to the amount of land that it has , to the amount of building and impervious surface , it should be a nice addition to Chanhassen . And I 'm just curious . When you refer to your location , you don 't refer to it as Chanhassen . You refer to it as Minneapolis-St . Paul . Is that , do we get a credit anywhere if this building goes up? Larry Predwick : Well all the documents say Chanhassen on them . This office is serving the Minneapolis metropolitan area . Or the Twin Cities . - That comes from being a Kansas Citian and not knowing the local . . . Batzli : So when the local weather reports talk about having received a forecast from the National Weather Service , will they talk about it being in Chanhassen . Larry Predwick: Well , in Kansas City they refer to the National Weather - Service office in Pleasant Hill . Farmakes : Can we then add Beautiful Chanhassen . . .Those two issues that I discussed are really the only two that I saw here of any concern . Staff touched upon the roofline and I 'm not going to talk about that further . A� far as that equipment , screening and so on . It would seem to me that based on City Council reactions to some of the landscaping issues , we should probably pursue that at least in front of the building where it seems more opened up . And pursue that a little bit better but again , I don 't see that as being a big problem here . Batzli : Okay , thank you . Nancy . Mancino : My only new comments would be , there are two towers . The ron tower and the NLHRSC tower . What are those? Larry Predwick: The ones that are identified as a ron tower is only a small little tower that you might find standing next to a lot of houses Planning Commission Meeting May 19 , 1993 - Page 23 with TV antennas stuck on . Really all we 're using that for is to get an anomometer and wind vane up above ground level sensing local wind conditions . Mancino: So that 's on the ground? Larry Predwick: The base of the tower is only , it 's like about 12 inches on it 's side . And normally they 're set in just a concrete base and they stick up above the ground about 20-25 feet. Just to get local atmospheric — conditions at that particular site . The other one , there 's a picture floating around here someplace that shows the other equipment that 's there and that 's a small little satellite receiving antenna . Here 's a picture of it , if you want to pass that around . Would it be a fair thing to say that it 's about my height? Mancino: And these would be installed right away with the building? Larry Predwick: Yes , they 're part of the operation . Mancino: Okay . I have no other questions . My comment about the public safety issue is that I don 't know enough . I 'm not qualified to talk about the safety concerns . I always like to have a third party , non-interested expert who will go over the material and give an opinion . So I would be in favor of doing that . Landscaping , I also agree that we should do an individual site landscaping plan in conjunction , in addition with the PUD plan . That 's it . Batzli : Okay , thank you . I guess my questions have all been answered through the meeting here . Just to put in my two cents worth as far as some of the outstanding issues . I would like to see the change made to the roof element , as you suggest . And I don 't know what we do if the contracting officer comes back and says no , there 's no money in the project for that . That 's not an acceptable change but that 's something I guess we cross . Aanenson: Then the project doesn 't get approved . = Batzli : Landscaping , I think there needs to be additional landscaping . I think we should work with the applicant . Maybe , in view of saving the trees on the southern part , or wherever that stand of trees is and the _ general PUD landscaping . I think we look at that reasonably . I think the parking lot issue is fine to give them the variance . I don 't see why we need to make them have 80 spots . It 's not truly a variance , is that what you were saying? Aanenson: Well it 's a waiver . . . I mentioned that you can give a waiver for proof of parking so . Technically I guess we should call it a waiver . Batzli : The color of the bricks , you did get in the new revised one . Is that right? Aanenson: Yes . Number 14 . Batzli : Okay . The hydrogen storage and those types of issues are included — in the Fire Marshal memo , right? Planning Commission Meeting May 19 , 1993 - Page 24 Aanenson: Correct . Batzli : I think it will be an asset to Chanhassen . It 's low intensity use . I think it 's a good use for this type of area in Chanhassen . I 'd also recommend that we get an expert , someone like Vern Albertson at the University of Minnesota who 's the assistant head of the electrical engineering department . Someone like that who can come in and say , yeah . These levels are accurate and they 're well below levels , you know . National levels is I think all we need . There are other consultants in the Twin - Cities as well that do that exact thing . But someone like Vern Albertson . He 's , obviously at the University of Minnesota , he 's about as neutral as we can get . As far as the elevation of the building , I wouldn 't be adverse t4 having staff work with the architect to look at that but I 'm concerned thi if we raise this , we end up raising the other buildings and that 's something we don 't want to do . And so I 'm not sure what we do about that . Do you have any thoughts on that Paul? I mean is this going to be a big - deal if we start raising the elevation of all the other lots in this PUD? Krauss : I think it 's fair to say nothing is as simple as it might seem . You 're dealing with a site that has to balance and it 's something that we can go back and look at . We ' ll try to work towards that . We understand where you 'd like to go but at the same time we 'd like the ability to make a recommendation to City Council based on what , we can certainly move in the direction . That it be looked at . Batzli : Okay . Those were my comments . Is there a motion? Conrad: Yes . I would make a motion that Planning Commission recommend approval of Site Plan #93-4 for the National Weather Service subject to the conditions listed in the staff report 1 thru 15 with two additional conditions . Number 16 . Staff to review the health issue and seek out a third party opinion . Condition number 17 . Staff to review the impact of _ elevating the building site by 6 feet and report the pros and cons to the City Council . Batzli : Is there a second? Mancino: Second . Conrad moved , Mancino seconded that the Planning Commission recommend approval of Site Plan #93-4 for the National Weather Service subject to th- following conditions: 1 . The final plat of CBC-Phase I shall be recorded with Carver County . 2 . Detailed storm drainage calculations for a 10 year storm event shall - be submitted to the City for review and approval . Depending on the storm sewer calculations , the City may require additional catch basins and/or pipe . 3 . A revised site grading plan incorporating the final approved grading plan for CBC-Phase I , including the trail location through the site , shall be resubmitted to the City for review and approval . Planning Commission Meeting May 19 , 1993 - Page 25 4 . The proposed site grading along the south property line shall be revised to save the existing stand of trees . 5 . All landscaping materials , i .e . trees and shrubs , shall be planted outside the proposed street right-of-way and not over any public utility lines , i .e . sanitary sewer lines and watermains . 6 . The site plan shall be amended to show the additional right-of-way and drainage and utility easements that will be conveyed to the City with the final plat of CBC-Phase I ( 17 feet of right-of-way and 25 feet of drainage and utility easement ) . 7 . The property will be responsible for its share of the pending Upper Bluff Creek Trunk Sanitary Sewer and Water Improvement costs ( Project No . 91-17A ) . 8 . Grading and site preparation for the Weather Service will only be allowed after the underlying PUD and development contract has been recorded . Surety will be in place for the grading of both sites . 9 . The landscaping between Lake Drive and the NWS building should be a combination of deciduous and conifer trees , with some ornamental placed in an informal setting . Additional landscaping for the buffer strips should be deciduous trees including more Sugar Maples , Lindens , Marshall Ash and conifers should include more Austrian Pines and Spruces . 10 . Signs require a separate permit and shall be consistent as shown on the site plan dated April 16 , 1993 . 11 . Compliance with the conditions as stated in the memo from the Fire Marshal dated May 12 , 1993 . 12 . Compliance with the conditions in the memo from the Building Official dated May 10 , 1993 . 13 . The hipped roof entrance canopy shown over the main entrance shall be placed over the two front entrances . In addition , two hipped canopies shall be placed on the rear of the building to provide screening for the roof top equipment . 14 . Fencing around the Nexrad Radar shall be green vinyl . The color of the brick on all of the buildings shall be brown and tan . 15 . A waiver to the parking standards shall be given; 52 parking stalls shall be provided based on the maximum number of employees as 50 with 36 generally working at one time . If the number of employees changes , the parking will be re-evaluated and more parking may be required . 16 . Staff shall review the health issue and seek out a third party opinion. Planning Commission Meeting May 19 , 1993 - Page 26 17 . Staff shall review the impact of elevating the building site by 6 feet and report the pros and cons to the City Council . All voted in favor and the motion carried. Batzli : When does this go to City Council? Aanenson: It will be on June 14th . Based on the conditions . They had wanted to get on the first one in June . The next one in May but based on the conditions , we need additional time . PUBLIC HEARING: U.S . WEST FOR A SITE PLAN REVIEW FOR A 16 ' X 19' ADDITION TO THE EXISTING CITY OF CHANHASSEN PUMP HOUSE NO . 6 ON PROPERTY ZONED PUD , PLANNED UNIT DEVELOPMENT AND LOCATED JUST EAST OF CHAN VIEW AND WEST 77TH STREET AND NORTH OF HIGHWAY 101 . ( Matt Ledvina did not take part in discussion or voting on this issue due - to a conflict of interest . ) Paul Krauss presented the staff report on this item . Batzli : But the City itself , I mean this is an addition to a city structure but the city won 't own it . It will be . Krauss : No , we do own the building . We own the property . It 's being leased . Batzli : Okay . Does the applicant wish to address the Commission at all? You 're fully invited to if you 'd like to do so . ( The applicant made a comment from the audience which was not heard on the tape . ) Batzli : Have you taken a look at our staff report . There 's several conditions . Now do these conditions , since we own the building , apply to us or does it apply to U .S . West as the applicant? Krauss : Well as I understand it , I believe U .S . West is going to be makii � the improvements . Hempel : I believe they 're making the improvements . ( The applicant made another comment which was not heard . ) Batzli : We have in , as one of our conditions , a pitched roof shall be usf as shown in Scheme B . Applicant : . . .the existing building has a flat roof . In Scheme A , they '> > adding on to the existing building with a flat roof . 8 and C is adding onto the existing building and putting a pitched roof over the whole thing . Planning Commission Meeting May 19 , 1993 - Page 27 Batzli : Right , and that 's the one we 're looking at tonight , is the pitched roof . Okay . Is there any other public comment? Is there a motion to close the public hearing? Scott moved, Mancino seconded to close the public hearing_ All voted in favor and the motion carried . The public hearing was closed. Mancino: I agree 100% with the staff recommendations . Scott : Let 's see , has the annual lease payment amount been determined? Krauss: I don 't believe it has . That 's why it was left blank . Applicant : We haven 't determined the lease payment yet and we 've been discussing . . . Scott : Okay . No further comments . Batzli : So the lease was drawn up by our attorneys? Applicant : No . The least is a lease from U .S . West given to the City Attorney for review . . . Batzli : Okay . Ladd . Conrad: Nothing . Batzli : My only question is , if they 're doing improvements on a building owned by us , and somehow they default half way through . Not that U .S . West — is going to but let 's hypothetically say that they lose interest in the project and we have a half finished building . Then what do we do? _ Krauss: That 's a question for our attorney to answer in the contractual arrangements we have with them . Probably require some posting of letter of credits to insure completion . — Batzli : Yeah , see I would assume that since they 're altering a building owned by the City , that something would be in there that guarantees that they finish it , one way or another . And I don 't know how we do that but it _ would seem to me that that would be a prudent thing to say somewhere in one of the conditions that either , I don 't know if they post a bond or what they do . Applicant : One of the things we 're doing is , the technology is changing so much right now . . .going from copper feeders to fiberoptics and what that 's going to do basically in servicing the Chanhassen area , is going to . . . Krauss : I 'm certain we can have your concern addressed . Batzli : Yeah . The sodding is between the building and the driveway? Hempel : That 's correct . Planning Commission Meeting May 19 , 1993 - Page 28 Batzli : But you 're going to bring in a cable into the building . Is that going to be a regular trencher that 's bringing that in with or is it goinc to be one where . Applicant : It will be conduit in the ground . It will be down 15 inches into the ground . It will be a 4 inch conduit . Batzli : Are you going to be laying it , slit laying it or is there where you dig it up and you lay it in and then you backfill over it? Applicant : I 'm not certain but normally when we put conduit down , we have to dig . . .but I 'm not a cable expert . Normally if you bury . . . Is your concern? Batzli : Just the resodding of that area rather than reseeding . Krauss : Yeah , you should include restoration of any disturbed area . Batzli : But the condition here that it 's just reseeded rather than soddec , And if they 're going to be digging up a yard wide trench , I 'd rather see them resod it . Those were the two items I had . Does someone have a motion , unless there 's other discussion? Scott : I move that the Planning Commission approve Site Plan Review #93-3 as shown on the site plan received April 19 , 1993 subject to the existing - conditions numbered 1 thru 5 . Batzli : Is there a second? Mancino: Second . Batzli : Okay . Any discussion? Conrad: Were your comments incorporated in Joe 's motion? Batzli : No , they really weren 't . I think if you added after the word , Best Management Practice Handbook , kind of a comma . Except that any trenching performed shall be resodded . That would take care of one of them . Krauss: I had written in for myself , if I could suggest a condition 6 . That the City Attorney insure that provisions exist to guarantee U .S . West- will complete the improvements . Batzli : Okay . That takes care of my other one . Scott : I agree . Batzli : Who seconded the motion? Mancino: I did . I second that . Planning Commission Meeting May 19 , 1993 - Page 29 Scott moved , Mancino seconded that the Planning Commission recommend approval of Site Plan Review #93-3 as shown on the site plan received April 19 , 1993 , subject to the following conditions: 1 . Site restoration shall include sodding between the building and driveway and one roll of sod adjacent to the outside edge of the new driveway surface . The remaining disturbed areas may be reseeded and mulched in accordance with the City 's Best Management Practice Handbook , except for any trenching performed shall be sodded. Ten coniferous trees shall be added to the west of the proposed addition . The most northerly proposed tree shall be moved further to the west . The applicant shall consult with BRW while preparing their landscpaing plan so that planting can be coordinated with the city 's landscaping plans . 2 . Extension of sewer and water service to the proposed building will be the responsibility of the applicant . In addition , the applicant shall pay the appropriate utility hook-up and connection fees ( $5 ,850 .00 ) at the time of issuance of building permit . 3 . Erosion control fence ( Type I ) shall be installed along the south perimeter of the site improvements . 4 . The applicant shall install a 12 foot wide bituminous driveway turn around per the attached detail in conjunction with the overall site improvements . 5 . A pitched roof shall be used as shown in Scheme B on the site plan dated April 19 , 1993 . 6. That the City Attorney insure provisions exist to guarantee that U .S. West will complete the improvements . All voted in favor , except for Matt Ledvina who did not vote, and the motion carried . Batzli : And this goes to City Council when? Krauss: The same date . 14th of June . Batzli : Very good . Thank you for coming in . Planning Commission Meeting May 19 , 1993 - Page 30 NEW BUSINESS: Batzli : Next on our agenda , we have an item of new business that I 'm goiily to kind of insert via judicial fiat or something like that . Matt , can you tell me if you gave drafting a letter to the HRA a shot? Ledvina : I 've started it and I will finish that hopefully this week and send it out to all of you for your review and hopefully input . And possibly by the next HRA meeting , which would be in about a month . Batzli : Because tomorrow they are , HRA 's meeting tomorrow or is it next _ week on Thursday? And one of the items will be an update on the center . Community center . So I think the quicker , you know I don 't mean to push you but if we do it , we should do it right away so our voice counts . Ledvina : Right , I understand . And I will be at the meeting tomorrow and I ' ll let them know that we 're going to be sending them a letter regarding some of our thoughts on the community center . Batzli : Just so that everybody recalls . Matt volunteered to draft a letter and send it around to all of us for our review , which synthesized _ our discussion of the community center that we had at our last meeting an< gave some recommendation and direction . Mancino : Which it sounds like they 're now calling the recreation center . Krauss : Well , if I could add . You know the name seems to change week by week . But one of the things we discussed at a staff meeting late last weak was how best , what 's the best way of carrying this thing forward . How do we get more of a consensus of opinion? How do we get , I think Jeff 's periodically brought up the concern for , you know what is the perceived _ need for different things . How do we bring the community in and I 'm prett sure it 's going to be announced tomorrow but we 've pretty much agreed that what we 'd like to do is develop a professional brochure that outlines the scope of the project . What could be in it . What it might cost and how that might be done . Where it might go and do that in coordination with retaining a firm like Professional Decisions . PDI . They 're a survey firm that virtually every community that has done a community center has used to not only gardner support but gain a better understanding of what 's needed and what 's not needed . So I think that we 're moving forward on that front almost as much , if not more than spitting out additional plans . APPROVAL OF MINUTES: Chairman Batzli noted the Minutes of the Planning Commission meeting dated May 5 , 1993 as presented . CITY COUNCIL UPDATE: Krauss: Well I 've got a few things for you in this packet and I 've started to put in an adminstrative attachment . Sort of the same way we do for Cit • Council so you can be kept posted on a variety of things . Briefly the Cit; Council did approve Lake Susan Hills 9th and they were quite complimentary I thought to the work done by yourselves and Jo Ann and I think it was deserved . We got a pretty dandy project out of that one . We have a project coming in in the near future . You 'll see a subdivision on Frontier Planning Commission Meeting May 19 , 1993 - Page 31 Trail for Forcier . This was a site that was identified in our SWMP program as being pretty important for water quality improvements . We have a large area of the area north of downtown Chanhassen that just drains over a hill and through a ravine and tears out considerable parts of the ravine and dumps it into Lotus Lake . When we started talking to a developer on this , Dave and I recognized that we had an opportunity to get a lot of bang for the buck . In working with the developer and in working to resolve the SWMP issues at the same time . The long and the short of it is , a project that Bonestroo was estimating would cost between $100 ,000 .00 to $150 ,000 .00 we think we 're going to be able to get it done , achieve probably 78% to 80% of what we need to have done in that area for something on the order of $30 ,000 .00 with the City 's share being about 20 . So I think it 's a great example of the return that you can expect for the investment in the SWMP program . Not only are we going to be offering to mediate a very significant problem for Lotus Lake , but we 're doing it for a third to a quarter of the money that we thought it should have cost had we done the project independent of having a plan . In terms of some other things that are in your packet . I guess Todd threw in a memo from HGA . . .try to explain that . I don 't know . . .There 's some real interesting dialogue that I 've _ started with the Watershed District , Riley-Purgatory . It 's rather involved . I guess if any of you are real interested in that , I 'd be happy to sit down and talk to you about it but the Watershed District , in our opinion , the relationship with the Watershed District has not been a real — wholesome or successful one of late . Their responsibilities seem quite redundant . We have expertise that they haven 't been employing . We have people out in the field checking developments . We 're going to have a completed plan that we meets all kinds of new State standards that their 's does not . And frankly we haven 't been getting good communication back from them on a lot of things . So I put together a letter that laid out all the issues and I asked them to respond back and thus far I haven 't heard . It probably applies to all our watershed districts but most of our interaction in most of the city is with Riley-Purgatory . So again , if any of you want additional details on that , please feel free to give me a call and I 'll — explain it to you in detail . Batzli : Was Mr . Fiskness not on our original SWMP committee or he had started originally attended those meetings? Krauss: Conrad was never on it . I notified him and Bob Obermeyer , the District Engineer , of all of our meetings . Conrad 's a resident of the city and he has attended , I don 't know , about a third of the meetings . We did ask that they send their engineer so that we could dialogue with him and coordinate with him and the Watershed District Board refused to do so . They said it would cost money and they didn 't feel like spending it . Conrad: I think that 's a good move on their part . Krauss: Had some real good news today . Did I ever show you the model? Batzli : Of the walkway? Ledvina : The pedestrian bridge? Krauss: Yeah . Planning Commission Meeting May 19 , 1993 - Page 32 Ledvina: I 've got it right here . I was going to try to scoop you on that_ but , the ISTEA enhancement recommendations that the City of Chanhassen way their project is recommended for funding through the State of Minnesota . Krauss : We just heard we got a grant for $280 ,000 .00 . Batzli : That 's for the walkway? Krauss : For the pedestrian overpass . Now it 's a project that we designed to have a 30% city role . I mean this was a cost sharing project . The total cost on it is estimated to be about $400 ,000 .00 . That included some land acquisition . But of course we wanted something more than just the prefab bridge . We wanted something that was architecturally significant . So we were pretty pleased with that . I mean there was . Mancino : That 's great news . Krauss : They had $77 million of requests for $10 million worth of funds . - And near as we could tell , MnDot ran the program and MnDot kept a line share of the money for their own projects but of the independent communities that were funded , we got probably one of the largest allocations . Ledvina : We picked the right type of project because there were 28 . Scott : Yeah , the intermotal . Aanenson: We put it in two categories to make sure . Scott : I thought maybe you 'd get awarded twice then . Ledvina : 28 of the 34 projects that were recommended related to bicycle and pedestrian type uses . Batzli : On an intermotal note , what happened to our , or what 's happening - to our bridge for Highway 5 over Bluff Creek? Krauss: It 's still in the process . Batzli : But that , is it for sure that we 're going to get a bridge or is i _ still a possibility that we get a 20 foot diameter culvert kind of a deal? Or is that what we 're shooting for at this point? Krauss : What seems to work best at this point , I don 't think the Highway 5 Task Force has an official position on which one is most optimal . It 's clear that we 'd prefer a clear span bridge . Everybody would . The cost gets very , very significant . For a fraction of the cost , a third of the cost of a bridge , they 've come up with an alternative they call a bebo culvert which is a culvert that 's a different shape and it can be 20-25 feet high in the middle and is quite wide at the bottom and it would be daylighted in the middle , in the median . And large enough that you 're getting air and light through it and everything else and it 's not the little box tunnel that is in Eden Prairie by Mitchell Lake over there . Planning Commission Meeting May 19 , 1993 - Page 33 Batzli : Is that for wildlife or people to go through? What do they expect to go through there? Aanenson: People . Mancino: Well the deer will . Batzli : I always saw deer over the highway there to go down to the lake so I assumed that maybe they were installing it to try and . Krauss : Deer will only go under a real open bridge and if you have some good clearance . They won 't go through anything pretty much . Scott: What about that impact study that was dealing with , I ' ll say frontage roads , although that 's not the correct term . Krauss : Access boulevards . Scott : I 'm sorry . Access boulevards . Krauss: Politically correct word . Scott : Well I 'm probably one of the least politically correct individuals but what 's the deal on that? Weren 't they talking about June? Aanenson: Yeah , they 're still scheduled . As a matter of fact . Krauss: The environmental assessment . One of the things that 's , hasn 't held it up , made it a little more involved is the State Historic Preservation Office changed the ground rules on what they expected on their cultural resources survey . . . indian mounds and historic structures . They 're requiring that a geomorphologist , I have no idea what that is , be brought _ into the program . Somebody who can apparently astern what 's beneath the soil structure . That 's being done . It added some cost and it added a little bit of time but we still want to keep on track for having this document done by the end of June . Scott : Well how much more? Krauss: How much does a geomorphologist cost? Apparently $11 ,353 .00 . Scott : Isn 't that about a 10% increase on the EA? Krauss: That 's correct . Mancino: Who pays for that? Krauss: We do . The HRA is . Now keep in mind that this whole project is being done with the understanding that this is going to result in a very significant cost share by MnDot . In essence we 're front ending costs that they might have done if you gave them an extra 3 , 4 , 5 , 10 years . But they 've agreed in principle to fund the construction of most of the _ boulevard and they more recently agreed in principle to fund the acquisition of right-of-way for a lot of it . Also , with this Planning Commission Meeting May 19 , 1993 - Page 34 geomorphologist , we 're going back in and correcting their environmental work-up that was done for TH 5 a number of years ago . So they can keep their project on track and they expect , or we expect them to reimburse us for that when the project comes due . Batzli : Two comments here quickly . One is , on this HGA letter . The last sentence reads , there was a majority vote for proceeding with a recreation center . I assume from Ladd that he was forced to say majority vote rather_ than unanimous because of the no vote that Ladd cast for me at that meetir when I wasn 't there so I appreciate that . Thank you . Conrad: No Brian , thanks for leaving . OPEN DISCUSSION: AUTO RELATED USES. Batzli : Blame it on me . And are you going to touch on Highway Business zoning before we get into the auto related uses here? Krauss : It 's one and the same . Batzli : Well , the one was to preclude them from every zone and I thought the other one was going to be , discussion of making it a conditional use . Or isn 't that true . We 're going to have to kind of discuss this all as one? Krauss : Yeah , let me brief you on what the City Council has asked for , al I 'm not sure how to handle it . I think you 're all aware of the bruhaha that occurred with the Abra/Goodyear stuff and it 's not likely to go away ._ We don 't have that many sites left that are zoned BH . In fact , Kate did t. a map which I meant to take down here but forgot . It 's sitting on my desl but we looked at sites where these things could conceivably occur . There are at least 2 individuals on the City Council who are quite adamant that there never be another auto related use ever again in Chanhassen , as near as I can tell . Scott : That 's Mark and . Krauss: And Dick Wing . Mancino : And why? Batzli : None of us have cars . Krauss: Well yeah , it 's hard for me to be , I 'll try and be as impartial as I can . I think everybody acknowledges that most auto related uses fall into the obnoxious category . I mean they 're things you tend to try to screen . They 're things that tend to look ugly . They 're things that tend to involve . . .attract cars and traffic and noise and whatever else . Mark Senn raised a considerable issue about the location of those two uses whic he perceived to be , I don 't know how else to say but on his side town . Like why is everything being put there . I mean there"s never been an intent to put it one way or the other . It just kind of happened wherever - the BH district happened to be . Planning Commission Meeting May 19 , 1993 - Page 35 Batzli : Does he live in that area behind McDonald 's there? Krauss : No , but up TH 101 . Coming away from that there was a great deal of concern expressed and I don 't honestly know if it was in the heat of the moment or what , staff was directed to come back with some analysis of completely eliminating auto related uses from the city from ever happening again . I put together a memo which is in your packet which inside it deals with that particular question . I tried to rephrase the question as to what exactly do you mean? Drive up banks are auto related uses . The Country Hospitality Suites is a drive thru . Everything is in one way , shape or form . Do you strictly mean those things that have drive-up windows or those things that cater to automobile service , and it seems that that 's what they 're focusing on . Those two items . We had a discussion at a work session . I was out of town for that . Jo Ann covered that for me . One of the things they pointed out is if you just wipe out the auto related uses from the BH district , which is what some of them are proposing , you 've just _ made every existing one non-conforming which means that if they have a fire , or if the businesses they catered for a period of time , they 're out . I mean you can 't put it back again . It 's fair to say there 's some divergence of opinion on this , I suppose on the Council . Mike Mason said he seemed to remember going to a McDonald 's once and he even thought he got gas once or twice a few years ago . And if you 're building a full service community and a downtown , it 's reasonable to have some variety of uses . Well the Council , we were asked to come back and find out if there 's a strategy you can use to do these things . To accomplish this goal . Roger Knutson wrote back and said yes , you can eliminate all auto related uses . What Roger didn 't say , and what the Council , some of the rest of the Council knew is , is you can 't say we eliminate all of them except when we feel something is good about it and when they demonstrate , and one of the things that came up is , that they should demonstrate that there 's a need . I have a personal and ethical question for that . When Little Ceasar 's Pizza opened up , we didn 't say demonstrate that there 's a need for another pizza place in town . What is a need? I mean this country 's based on the _ fact that if there 's a market . . .and somebody wants to take a crack at filling it , it 's their business . It 's not our business to regulate nor to create monopolies . Scott : Well this is my opinion . My opinion is , is that a lot of this is , it 's masquerading as something else . Someone 's making a taste call but it 's masquerading it . So they 're trying to make it appears as though it 's something else . It 's only my personal opinion it 's pretty bogus . I mean if someone follows our standards as they exist today , they 're entrepreneurs . I mean they 're not obviously throwing their money away . So they 've done their market research and they 've figured it out and it 's , at least from what I 've seen , a majority of those people have been working very closely with city staff to make sure that it looks decent . I just , I think it 's inappropriate to try to exclude certain types of services just because they 're not tasteful . I mean yeah , there 's illegal businesses and all that kind of stuff but if it fits the land use . Personally I just think that 's totally inappropriate for them to be getting involved . And you 're right . We ' ll let people do , we 'll let people conduct certain types of businesses as long as we think it 's okay . I mean you 're absolutely right . Your memo raised a good point . Be up front . Say what you 're trying to do and then yeah , you can legislate if you will . But yeah , I Planning Commission Meeting May 19 , 1993 - Page 36 have a real problem with that kind of thought process . The old gasoline alley context . Batzli : Well yeah but , I think there 's a valid point to be made here and that is , let 's assume for a minute that the intent is not to completely eliminate them but to make sure that we either have adequate controls or that they 're going in the proper zones where they 're not viewed as potential , I don 't want to use the word eyesore but that 's the only one _ that comes to mind . Because I think typically , or more recently as peopl4 have developed these kind of retail malls , and suddenly rather than retai , part of the mall you see a Tires Plus and a tune up place and a brake and muffler place and once one is in , it seems like they kind of feed on each - other . Suddenly you have a Goodyear and Firestone across the street from each other doing the exact same thing . And you end up with this little area of all , and I 'm going to call them auto related uses but what I mean is auto service related uses . And I think the residents in that particul. - area fear that for one reason or another . And when I look at Eden PrairiL , especially right on the western side of Eden Prairie Center , where the Tires Plus and I think they 've got a Goodyear and they 've got all these - things . All clustered right in that one area . I don 't view it as an eyesore or as a problem or noxious fumes or anything else . It 's a retail area and these uses are , actually fit in quite nicely with you know a restaurant 100 feet away and you 've got guys changing tired on the other side . Scott : Yeah , and they have architectural standards . Batzli : Now don 't get me wrong . I think that whole area is an absolute disaster as far as getting around within that shopping area . But that 's - not the fault of the people that located their stores there . That 's the developer and the City of Eden Prairie making a rat maze of little things . Scott : That 's going to be downtown Eden Prairie by the way . You 're familiar with the project they 're planning for there . Batzli : Yeah . So , but I don 't know . I don 't want to eliminate them . I:— we don 't have the proper controls of they 're in the wrong district , let 's talk about that but . Farmakes: I don 't think that any car service place is going to put in an operation here unless it 's adjacent to Highway 5 . Scott : Absolutely . Farmakes : Or Highway 5 or 41 . Mancino: What about 212? Batzli : No , they ' ll want to put it along 212 . Farmakes: They want the impressions of automobiles going •by on a daily basis with high numbers that are going to see their signs and see their services . The reason being is because it 's the people who are driving ca•' ; and they 're going to need tires and they 're going to need service and Planning Commission Meeting May 19 , 1993 - Page 37 they 're going to need gas . Those typical service operations , no matter where you go . You go to Rochester , Duluth or New Ulm , those particular operations are serviced but they 're not equated with the quality to the operation itself . Many of them are like Rapid Oil Change . They 're basically a shell building with a large type signage operation that is advertising to the highway and they 're going to provide service to the community but they 're certainly not going to provide any architectural investment in the community and I think that 's where the grade , that 's where we 're butting up against . Do we have this vision as to what we 're looking for along Highway 5 is some sort of advertisement for our community and what the practicality of business is , is that they 're trying to sell tires . Not our community . Scott : Well , but then we 've got hamburgers and we 've got gas stations and we ' ll have perhaps a full hotel and so forth . Farmakes: But to a more extent those are more customer friendly operations in how they look . It 's far easier to talk a franchiser operation where you 're going to have people coming into , sitting down and consuming your product , whatever it happens to be versus somebody who 's dropping their car off for an oil change . If you look at the type of structures that are going up , Rapid Oil or Goodyear Tire . You saw the list of the buildings that we got . There 's one from column A , one from column B and virtually they were essentially all the same thing . They were a square building with minimum of architectural investment . And that 's simply not what they need to provide for their business . They don 't need that and anything that we ask them to put in addition to that , as an investment to our community on Highway 5 is simply not in their best interest . _ Batzli : An option then may be , if we don 't want a bunch of free standing square buildings where we have to fight tooth and nail , is to require that they come in as a retail block similar to that Eden Prairie one or the mall over in Hopkins . That type of thing where they come in unified and we get to deal with them all at once . Scott : And then you have this big control of signage . Batzli : Right . Mancino: And the setbacks from the neighborhood . Krauss: We tried with Goodyear/Abra to do that and we didn 't have any tools to do it . I guess for us though , it 's not so much the use as what you 're going to require them to do . You 're going to require them to perform . I had a guy in here yesterday , in fact it was Russ Pauly , from Pauly 's who 's looking to do a car wash in town . Of course my first reaction was oh geez . I don 't feel like getting dragged through another one right now . But I laid down a bunch of guidelines and they 're looking at a very visible site where it would be with a building , similar to a building that was put in Wayzata with pitched roofs . It 's in the tax increment district so we can crank on it pretty well . Earth bermed and heavily landscaped on the Highway 5 side so you really won 't see directly into anything . Planning Commission Meeting May 19 , 1993 - Page 38 Batzli : Is it brushless? Krauss: Yeah . Scott : We ' ll be there . Krauss : But you 're making it perform and once you make it perform , I dont. see what the issue is . I mean it doesn 't matter what 's inside . I think the Council , and I think yourselves too where we 're put between a rock a hard place . I mean you had this old commercial area that was it appropriate or was it inappropriate to be put , for McDonald 's to be put where it is but it was there . You had a neighborhood who reacted , and haE- reacted over 10 years , with a good deal of hostility to anything happenin<, over there that 's commercial . We understand that . The reaction 's natural but , and then you have the heightened sensitivity for what we could expect along Highway 5 and the frustration that the ordinance isn 't in place and it wasn 't in the tax increment district so we didn 't have any carrots or sticks to fix it and at that point you had exactly what Jeff described and they said , well this is the standard building we do . And we did make ther change it . I mean I don 't think that what was out there., in the conventional sense , what was approved is half bad . I mean yeah , I would have liked the tools to do better but the buildings that finally resulted - were better than they started with . Yes , they could have been better yet The sites are very heavily landscaped . They 're set back far from the highway . I mean in the very least they 're going to look a whole lot better than the Goodyear building in Eden Prairie that we drove past tonight as e. matter of fact . Batzli : The western set facade wasn 't approved , was it? Krauss : Western set? Oh no . You mean with the little stick thing coming , oh no . Farmakes : I think if Abra and Goodyear and 10 ,000 Auto Parts , whatever they were looking at there . We have a finite amount of land there . And _ really if it 's a given that it 's going to be along , that development 's going to be along Highway 5 , there isn 't that much land left there . And i . you get a large block of auto related businesses going on there , you 've really defined the area . I don 't think you 're going to get a Bachman 's there . I don 't think you 're going to get other types of developments . Once you define it , say similar to how Menard 's is out there where they have a large strip of auto related businesses in a row and there 's sort of- a wetland and then there 's retail continuing farther down . It doesn 't see like once you lay into that that you 're going to get away from it . Krauss : But there is no more land over there . There 's one site left and it 's on Lake Street . Lake Drive . Everything beyond that is part of the IOP area that DataSery owns . So that 's a case in point of , I mean they 're kind of shutting the door after the cow 's gone . We have the one other BH - site is the one next to the Chan motel on Highway 5 . Another one is the one the HRA owns next to the Americana Bank . Of course we own it so we can do whatever we like . Councilman Senn raised some issues with the Target _ site plan . That Target site plan which was designed to restrict fast fooc operations . Was . . .to be a detriment because , in restricting it it allowec Planning Commission Meeting May 19 , 1993 - Page 39 2 . You know where it could have originally allowed 5 I suppose . Now it allows 2 , and he raised some concerns with that . Now we share the concerns . That 's why the PUD was structured to require architectural standards and whatever else . Anyway , what I need from you is some kind of a sense , I mean fundamentally , is there a sense of the Planning Commission on auto related uses? I need to go back to the Council with a couple of different options and say , really what do you want me to do here . Because I know we 're going to get hit up side the head the next time an auto related use comes down regardless and I don 't think it 's going to be in the too distant future . Farmakes: If there is , if we do have a given , if you agree with the fact that any type of auto related use is going to be along , development 's going to be along Highway 5 , Highway 7 or 41 or 212 in the future perhaps . If it 's going to be along a highway , how much , say in the near term , 5 years . How much land do you see being developed? Krauss: There 's not a lot , and again if you have a map that shows . Farmakes : . . .auto related use . Krauss: We have . Aanenson: There 's the Charlie James property . Krauss : Well , yeah . But that 's general business . Aanenson: A gas station could go there . Krauss : Yeah . Well , he already had approval for a Quik Stop at one point — there and never built it . You have the James piece . You have the one I mentioned next to the motel . You have the one the HRA owns and you have the outlots and Target . That 's it . Conrad : I think we should , let me interrupt you Paul . Just two quick thoughts . When we designed the BH district it was for auto related uses . Mancino : It was? Conrad: It was . I was here . That 's why we had it . That 's where we were going to cluster everything . That was the intent . Batzli : Highway Business? Conrad: Highway Business . That was the intent . We could have them in downtown Chan . We thought let 's cluster them out in the highway . Okay , so now the question is , was that a right or wrong decision? Well , maybe we should revisit that one . I 'm still pretty comfortable with it . But I guess what I 'd like to see staff do , apd I don 't know what the timeframe here is . Is for staff to come back and maybe , and show us where , how many . How much land is left and just have a little map and we can take a look at it and then we should decide if we have the standards in place to control those particular parcels and if we see any changes . That way maybe City Council will believe that we 're taking a look at it from a thoughtful , Planning Commission Meeting May 19 , 1993 - Page 40 future perspective . I don 't see the problem . I honestly don 't . I think we 're doing exactly what we said we were doing and I really don 't have the- same sensitivity to the entrance of Chanhassen that maybe some of the Council members do . Farmakes : I think that the retail and the gas is not necessarily the sam,' type operation that you would get with retailing auto service projects . Tires , parts , things of that nature . It seems like gas is going more and more crossover retail . They 're not just selling tires and they 're not doing car repair . They 're selling gas and they 're selling milk and so on But if you carry , it wouldn 't seem to me that the service items would carry out of downtown but the possibility of the gas and retailing might . We - were looking at that commercial area , you 're talking about commercial wes of town on Highway 5 . A stop and go type thing or Brooks market type operation or Total . And if longer term , if they build a 212 or something , those would be other auto related uses . But that would be a much longer time frame that we 'd be looking at . Krauss: Well but anything in a longer time horizon on Highway 5 , anythin. beyond the summer is going to be subject to the overlay district that you 're going to develop . Anything that 's not currently zoned BH is going to be covered by that or be in a PUD and give you a lot of extra control . All the remaining sites , except for the one in front of Abra/Goodyear , behind it I guess , is in the tax increment district which typically means they 're going to ask the HRA for the 3 year increment deal which means we have the ability to ask for improved standards in return . Again , I mean want to respond positively to the direction I 'm getting from the Council but I 'm not exactly sure what it is . So that 's why I wanted to bounce it off of you . Farmakes: In discussing with them really briefly , weren 't they concerned about the fact that they were going to get a car dealership or that sort of thing going on along Highway 5? Krauss : It 's never been , nobody 's ever , well . We talked with one about 3-4 years ago but it 's never been broached and there 's no sites large enough to get one . Farmakes : I thought I heard the Mayor say something about he didn 't want - any car dealerships coming in here . I thought that might have percipitat4 but other than that I haven 't heard anyone being anti-car . Krauss : It might not be fair to the Council but I think a lot was said the heat of the moment with angry residents and being confronted with one project after another . Farmakes: The Chan Estates development over there is what you 're talking about? Scott : I heard an interesting comment from Gene Borg who built that McDonald 's down there . He said you know it 's kind of interesting is that when I got that thing in there , people just raised all sorts of heck and now their kids work here . From the standpoint of , I certainly don 't have any problems with auto related uses there and also given the zoning . Giv( Planning Commission Meeting May 19 , 1993 - Page 41 the types of uses that we 're looking at . It seems like the thing that we really need to be concerned about is what does it look like , because I mean there 's the gateway ideas that Jeff and I were talking about but it seems like , from what I 've seen of the plans and working with city staff , the buildings have turned into , oh . It 's an Abra but it 's a good looking Abra . Or it 's a Goodyear . It 's a good looking Goodyear . Personally I think we should be concerned with signage and the visual impact of what it is and in the grand scheme of things when you 're coming in , when you look on the right hand side and you see Lotus Lawn and Garden , you know , I 'd rather see open space buildings are more particularly attractive to me . However , if it 's an appropriate use for that land , and the architectural police to make sure that it looks decent , and you follow down the street and you see a gas stations are uglier than heck . So it 's kind of like , I think that 's an improvement over a McDonald 's and a gas station . So personally , I think it 's an appropriate use and we just police the outside of the building and signage . That 's my simple world that I live in . Batzli : Paul , don 't we have an additional ordinance with respect to location of gas stations with respect to each other and residential lots? Krauss: It only pertains to convenience stores and yeah , there is a setback of gas pumps to residential structures . Batzli : I thought it was in relation to each other as well . Krauss : Yes . Batzli : Does that apply throughout all districts? Krauss : For that use I believe it does because I think it was done , if I 'm not mistaken , it was done as a conditional use permit standard . But that also grew out of kind of , I mean it started before I came here . I finished it up but it grew out of . Batzli : Well there was a fear we were going to get one on 4 corners facing each other and that kind of thing . Krauss: Right . Gary Brown 's proposal . Batzli : What with the Holiday station and everything else . Ladd , since you admitted that you were here when you put these various categories , in general business district one conditional use is major auto repair and body shops and convenient stores with gas pumps and motor fuel stations . All _ this stuff . I thought what I heard you say was that you wanted to put it all in the Business Highway and not in the General Business . Conrad: We were trying to put highway oriented uses on the highway . So highway meaning quick in, quick out . And typically that related to auto . Batzli : But now that our BG district , if you will , includes Target and areas like that , is it still appropriate to put those uses there or do we want to cluster them all in just this one little narrow strip in the whole city? Planning Commission Meeting May 19 , 1993 - Page 42 Conrad: I would not like to see , well . I don 't like auto related businesses . They 're typically not attractive and I had a concern with putting them in the downtown area Brian . They are legal to some extent . I 'm not sure . Batzli : Conditional uses . Conrad : They just tend to be asphalt . To me they broke up a downtown that had some continuity . Like a lot of other business , any kind of franchise _ type operation tends to divide a downtown area up into parking lot , building , parking lot , building and I really did , I personally did not want to see that in downtown Chanhassen . Batzli : Well let 's assume for a minute that the general business district wouldn 't be a good place to put these . And we decided that we wanted to eliminate them as conditional uses . That would tend to drive those businesses even more into the BH district , which is what the residents the i and Councilman Senn are kicking about . I mean if you want to make sure they all go in that one spot , that 's one way to do it . Conrad: Again , I guess I 'm not even sure of the problem and that 's why I was saying to Paul , I 'd just like to see the spaces that people can move _ into . I can 't any decisions right now . I 'd like to see staff show us where they can move in and how many we 've got and , we don 't have , you knot.. . We 've talked about this before . If your car breaks down , other than Gary Brown 's little place , that 's the only service station you can go to right - now to get your car fixed in town . I don 't think we really have , I don 't have the impression that we have , I have the impression we don 't have enough auto related . Batzli : Sinclair or whatever that place is , don 't they fix cars there? Aanenson : There 's one in the industrial park . Farmakes : There 's a radiator place . That 's where they probably should be , like Lake Susan over there . Scott : But who else is going to buy that land and build something on it? I mean you 're looking at fast food . You 're looking at gas . You 're lookinc at auto related uses . Farmakes: I 've always thought car repair should go in an industrial area but it doesn 't coincide with their advertising . Scott : No , because they need that repetitive drive by and then when you need it , you know where it is . Farmakes: But no other businesses enjoy that necessity . Scott : Well like 3 & R Radiator I think is a really good example because the only way I found out about it is I went into Brown 's with a radiator problem and they said , oh we get our radiator 's fixed over there , and I went what? So they do mostly work for gas stations . Planning Commission Meeting May 19 , 1993 - Page 43 Farmakes: If you were doing a Mac truck repair , you 'd be in an industrial area . Discernably , as far as what they 're doing , it just happens to be a little larger . . . Batzli : Well , it 's the advertising drive by . Well Paul , why don 't , let 's proceed along Ladd 's proposed plan which is , let 's take a look and see if there really is a problem . Now that we 've talked about it for a half hour . We don 't know if there 's a problem yet . Scott: I don 't think there is one . Conrad : Mr . Chairman , could I just go back to an item on the entertainment complex? Batzli : Sure . Conrad: I 'm going to say this for Paul 's benefit . The memo that was done from Curt Green , I don 't think really says what came out of that meeting at all . I 'm not convinced that Plan 10 was , it indicates that some decisions were made out of it . Boy I tell you , I don 't want anybody to believe that this is something that I thought reflected the comments that I heard that night . It reflects what he heard but . Scott: Well that 's what he wanted to hear . Conrad : I don 't know , you know . It 's obviously from memory and boy , I _ don 't even like it being public record to tell you the truth . It 's almost like it 's steering , it might steer somebody who forgot what went on at that meeting and that is not it . This does not document the concerns that I heard . The concerns that I heard were , we don 't have any plan that 's — viable on the desk . The concerns that I vocalized was to have some kind of an indoor center , or city complex that community could gather in . And I saw some support . I guess I wasn 't the only one that thought that . Batzli : When Ladd raised that early on , before I left , there were not only numerous heads shaking but several people spoke and seconded that idea in concept and that 's nowhere to be found in this memo . Krauss: You know what? It 's like mercury . It keeps dancing all over the place . I think they 're on plan 13 or 14 now and I know the one that I saw — the last time did have a lot of community space . Did have the high open entrance that made it real appealing and did incorporate I think , some of the things that they were hearing . Whether it was all of it or it meets your goals or not , I honestly don 't know . Conrad: Yeah , I just wanted to make the point . Not to resurrect all the negatives but just to say , I don 't believe this . And if you 're ever in a position of people asking your opinion of what went on , because that 's not it . — Farmakes: Have you ever seen a development use be so fluid as to what it 's going to be . I mean we 've worked on this from the inception of where the community center 's supposed to be now , what 6-7 years . And yet really no definitive , hard marketing information for needs analysis has ever followed Planning Commission Meeting May 19 , 1993 - Page 44 that . I know that the earlier commissions did some but this sort of is almost , it 's a grab bag of possibilities to be used with no hard information and analysis , any hard information to follow it at all . Krauss : I raised , I mean I 've heard you say that often enough Jeff and _ when we had the department sitting down on this , I kept on belaboring the point and that 's how we sort of , that 's how we came around to the idea of the brochure . What Todd Hoffman will tell you though is , he 's got realms of data about who 's using programs . How many people they 're turning away from programs . Per capita rates of how many basketball teams you get and how many rooms you have to rent and if that 's the rate we experience with 14 ,000 people , what 's it going to be when we have 25 ,000 people . I mean - that kind of stuff he can put together . Farmakes: Sure , but can it be put together in a logical sequence? That 's a building , a purpose and location for the correct solution to those problems? Not that it couldn 't be but I 'm just saying it hasn 't been offered in such a way and I think how many versions has come from this recently is reflected with the confusion that 's involved there . It 's almost like we have a fixed amount of money . We know we want to put it there . What the heck do we come up with to figure out to do it? It seems to me that , if you 're looking at a location for that particular service , you 're going to wind up where it fits on a couple really good and the res. of them are thrown in just to make the tenant list . And that concerns me . Scott : In this situation , I mean where it 's so chaotic and there 's no clear direction , I think this is a great opportunity for the Planning Commission to just say , and this is kind of what you 're working on is , here 's the one pager that says this is what . . .and here are the responsibl- parties . Park and Rec should do this and , some people may find that noviceably offensive but there really isn 't anybody who 's saying , hey . Do you know what the problem is . If we don 't , here 's where the data can come_ from and so I think what we 're driving at is a direction , to give some direction from this body and then yeah . Put a brochure together and kind of like they did with the bond referendum . They knew what the problem was . They surveyed and they found that the people didn 't really believe it or really understand it . Krauss : That 's exactly the kind of brochure and same organization . . . Farmakes : There are two types of brochures . One sells ideas and the other one forms ideas . Krauss : Well , and this one doesn 't need to sell . The ones that I 'm familiar with and you have copies of them all upstairs , were selling bond issues . The likelihood here is that we won 'd need to sell a bond issue . We just want to gather a community consensus on whether this is a reasonable thing to do or not . Farmakes: I 'm backing up to my earlier community civic center developmeni Mancino : So you 're trying to get buy in from the community? Planning Commission Meeting May 19 , 1993 - Page 45 Krauss: They 're trying to get comments and buy in and understanding . And again , the financing is all open . One of the reasons it 's where it is is because in the tax increment district , you only have the ability to build it if it doesn 't go above a certain number , or out of tax increment funds . Anyplace else we don 't have that ability . And then there was some talk about doing that for most of it and then going out for a small bond issue . But the thing has been fluid . I mean not too long ago it was a conference center that was being driven by the fact that the hotel wanted to expand , which was a reasonable idea . Then tacking recreational facilities onto it . And then when push came to shove , we found out the hotel was a ghost . I mean they may want to expand but they wanted us to find all the costs and carry all the charges and they may rent the rooms from us on occasion . Well that wasn 't going to work . Then there 's all kinds of interations with Bloomberg and , I mean these kinds of negotiations go on with virtually every project we do . You just don 't normally know about it . And this is a much more public kind of format . Now ultimately you do hear about projects but it 's when they 're pretty well defined . Batzli : Do you know what the driving force is to include a pool in the project? Do you understand that? Because clearly the School District will build a pool out at the elementary school if it 's needed . Krauss: No . No . That 's not true . Batzli : Well , that was what was said to us at the meeting was that they came in and the first thing they said was , are you going to build a pool or should we at the elementary site? That 's what Don said . You 're telling me they said something else . Krauss : We met with them this morning . The pool wasn 't going . . . I mean it 's conceiveable that a pool could be built out there but it 's wholly at city expense . The school doesn 't need one for a grade school . Mancino : But again , it is a TIF district and there is money to build a pool there . Krauss: It is a TIF district out there . We already spent considerably sum of money to buy the land . We want to spend money to build the bridge under Highway 5 and various other things . _ Batzli : My only point is , the plans that we 've seen so far don 't include the rooms that were apparently the initial driving force to this whole thing . The meeting rooms , that type of thing . Krauss: The most recent plan , the one that I saw on Monday does include substantial meeting rooms . It does include a very large multi purpose room that can be broken up and reassembled . You can hold affairs there and that kind of thing . Batzli : Does it have 2 gyms , 4 racquetball courts and a pool? Krauss: I believe so . Batzli : How do they bring that in under $6 million? Planning Commission Meeting May 19 , 1993 - Page 46 Scott : They can 't . Krauss : I think one of the gyms was shown as a future phase . If my memor serves . Don 't quote me on that because I mean , I 've seen so many of these plans I kind of lose track of it . Batzli : No , my point was . They keep on including the same things and juE kind of shuffling them around like it 's a shell game and the numbers always come up that we can 't afford it . And I 'm just wondering why we have this - perceived notion that we have to build a pool in this location . Is it because this is supposed to be a kid area where , unless there 's a pool they won 't come or I mean I guess I don 't understand. Krauss: Well , there 's a part of it that I can 't speak to directly but I think a lot of it 's coming from Todd Hoffman and the perception of what Park and Rec believes is important to support their functions and communit functions based on their day to day interaction with these things . And I mean Todd and I kid each other about it . I mean he 's very single minded and he is the Park and Recreation Director . That 's what he cares about . S mean the rest of it is peripheral . And when he says well I want to build this pool and I 've got to get more TIF money and your senior project just died , I go the hell it did . We 're still building a senior project and _ we 're going to , I mean there 's a lot of give and take that goes on . Again I think what 's different here is you 're being exposed to a lot of it . Toc' does have numbers to back up his stuff but we want more than numbers and that 's why we 're talking about bringing in Southside Consulting Firm , or - survey firm . Farmakes: I still , for the life of me can 't figure out how they can defines from marketing information how that 's the draw for children . Not unless they have a drivers license . I can 't for the life of me . It 's inaccessiblC for children in that location . Batzli : Paul keeps telling us that our downtown is pedestrian friendly though . Krauss : Well , and one of the things that I don 't like about this plan , OT of the things I don 't like about plan 14 or whatever it is , is because of the most recent iteration of the deal with Bloomberg , we lose the _ pedestrian access to 78th Street . Batzli : That has to be in there or you don't have my vote on it ever . Scott : Yeah , you 've got to be able to go from downtown . Batzli : That 's ludicrous . Krauss : Now Bloomberg wants , I mean his component is he wants to keep the retail a retail space in the Frontier Center so he has ieaseable stuff . He 's concerned that if there 's an entrance there , that he loses parking . You 've got to make sure that people don 't park there . Batzli : Hog wash . Hog wash . Pure hog wash . Planning Commission Meeting May 19 , 1993 - Page 47 Krauss : Well , I have the same concern . Batzli : You have the concern that there won 't be parking for the retail? Krauss: No . I do have a concern . There will be some conflict there . I think you can sign it adequately and make it more convenient for people to park around the back . Batzli : That whole discussion assumes that all the traffic will be coming from the northeast part of the city which it will not be once the city develops . Krauss : You 're probably right . Batzli : And once the city develops and Highway 5 and you start developing the southern part of the city , it was all going to come from the south . There 's not going to be a single person dropping off kids on the north side of the building . Krauss : Well , I don 't think that 's true though . Batzli : No . The entire area north all goes to Minnetonka . You 're not going to see anybody coming from the north . Krauss : You 're going to have , I mean everything north of Highway 5 is going to feed this access boulevard which is 78th Street . Batzli : The people north of TH 5 , a large chunk of them all go to Minnetonka . Not one of them is going to go this community center on a regular basis at all . Krauss: Where in Minnetonka? Batzli : Minnetonka School District . They 're not going to do this . They 're not going to go to it . Scott : Well , you could talk about north of Lotus . Batzli : They don 't go to Chanhassen/Chaska stuff . Farmakes: I would still define it and I 'm almost certain the marketing information 's going to show this , that that should be defined as an adult recreation center . For the square footage that it is and the amount of people that it will serve . That 's just my opinion . There 's just no way you can convince me that that 's a kids center . I wouldn 't drop my kid off there . Batzli : I will maybe . But I go to Minnetonka so I wouldn 't do it . Farmakes : I wouldn 't want them walking through a 200 car parking lot . No way . Batzli : Well , yeah . I don 't know . One final thing , because this is going to be ongoing obviously . Existing use zoning down in the business fringe/ Planning Commission Meeting May 19 , 1993 - Page 48 on the bluffs . Can we put that somewhere? I asked Jo Ann to put that on our schedule . Krauss: Well it 's been on our schedule . Aanenson: That 's Jo Ann 's project . Batzli : Yeah , but I don 't see it on here anymore . Did it , it somehow fell off . What happened to business fringe? Krauss: Did it fall off? Batzli : I think you bumped it right off of here . Krauss: It must have been a Freudian slip of the pen . Batzli : Your list got too long . It fell off onto page 2 or something . I mean it 's been on there for years and suddenly it was gone . It 's my one issue . My one issue that I 've been on the Commission now for 5 years and — we haven 't been able to get to it . Krauss : So as long as we keep it off you ' ll stay on the commission . Batzli : Anybody else or shall we adjourn . Scott moved , Conrad seconded to adjourn the meeting . All voted in favor and the motion carried. The meeting was adjourned at 10:20 p .m. Submitted by Paul Krauss Planning Director Prepared by Nann Opheim