03-2-94 Agenda and Packet AGENDA FILE
CHANHASSEN PLANNING COMMISSION
WEDNESDAY, MARCH 2, 1994, 7:30 P.M.
CHANHASSEN CITY HALL, 690 COULTER DR
CALL TO ORDER
PUBLIC HEARING
1. Chanhassen Kingdom Hall for a site plan review for 3,800 square foot church to be constructed on an
87,113 square foot parcel located on Lot 1, Block 1, Chanhassen Business Center, located south of the
Chicago, Milwaukee, St. Paul and Pacific Railroad and west of Audubon Road.
2. Charlies James for a variance the City Code regarding the sign requirements for West Village Heights
Center, located on Lot 4, Block 1, West Village Heights 2nd Addition.
3. Preliminary plat and site plan review to replat Oudot A, Market Square into Lot 1, Block 1, Market
Square 2nd Addition for the location of a Wendy's Restaurant on property zoned CBD and located at
the southwest corner of West 78th Street and Market Boulevard, Lotus Realty Services.
4. Kenneth Durr for a preliminary plat to subdivide 19.7 acres into 27 single family lots on property
zoned RSF, and located at the southeast corner of the intersection of Hwy. 7 and Minnewashta
Parkway, Minnewashta Landings.
5. Consider Modification No. 13 to Redevelopment and Tax Increment Financing Plans for Downtown
Chanhassen.
6. *Item Deleted.
7. Amendment to the City Code to bring the wetland ordinance into compliance with the Wetland
Conservation Act.
8. *Item Deleted.
9. Amendment to the City Code regarding the Sign Ordinance section.
OLD BUSINESS
NEW BUSINESS
APPROVAL OF MINUTES
CITY COUNCIL UPDATE
ONGOING ITEMS
OPEN DISCUSSION
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.
Items Deleted
6. Amendment to the City Code regarding a requirement to submit computer aided graphics or models for
site plan reviews.
8. Amendment to the City Code regarding seasonal/temporary sales, including Christmas trees, sidewalk
sales. etc.
CITY QF
0:.°11%1CHANHASSEN
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 ('Y'
DATE: February 25, 1994
SUBJ: Jehovah Witness Site Plan
At the last Planning Commission meeting on February 16, 1994, a public hearing was held to
review the Jehovah Witness site plan; however, the neighborhood was not mailed a notice. Thus,
the item was continued and scheduled for the March 2 meeting.
The Planning Commission had recommended that additional landscaping be placed around the
monument sign. The applicant has provided a new site plan showing additional landscaping
with over story trees placed in the parking lot planter islands and the more landscaping on the
berm and interior yard area. Thus the recommendation and conditions of approval remain the
same in the attached staff report.
C I TY 0 F PC DATE: Feb. 16, 1994
\ I �.
C H A 1 H A EN CC DATE: Mar. 14 , 1994 — ,
CASE #: 92-5 SPR _
By: Aanenson:v
STAFF REPORT
PROPOSAL: Site Plan Review for Jehovah's Witness Congregation Building
—i LOCATION: 8300 Audubon Road Chanhassen Business Center
Z
'Li APPLICANT: Stephen G. Kern Chanhassen Congregation of
6540 Devonshire Drive Jehovah's Witness
Chanhassen, MN 55345 13001 Lake Street Extension
Minnetonka, MN
PRESENT ZONING: PUD/IOP
ACREAGE: 2 acres
DENSITY: n/a
ADJACENT ZONING AND
LAND USE: N - IOP, Industrial Office Park, vacant
S - PUD/IOP vacant
E - IOP, Industrial Office Park, vacant
W - PUD/IOP and A2 Agricultural Estate, vacant1.1 _
WATER AND SEWER: Available to the site.
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PHYSICAL CHARACTER.: The site has been recently graded as a part of Phase I of the _
Chanhassen Business Center. The site is relatively flat the site
slopes towards the railroad tracks.
2000 LAND USE PLAN: Office Industrial
Jehovah Witness SPR
February 16, 1994
Page 2
PROPOSAL/SUMMARY
Stephen Kern, representing the Chanhassen Congregation of Jehovah's Witness, is requesting site
plan approval to build a Kingdom Hall. The proposed building is located on Lot 1, Block 1 of
the Chanhassen Business Center (CBC). The CBC PUD was given final approval by the City
Council on February 8, 1993. At the time of final plat approval, the Council amended the PUD
agreement for one church use in the business center.
Lot 1, Block 1 of the CBC was always considered for an office use because it has direct access
onto Audubon Road. The lot is triangular in shape and is bordered on the north by the railroad,
a single family subdivision to the east and the industrial park on the remaining sides. A church
use not only generates less traffic use than an office use; peak traffic for the church use will be
during non peak hours normally associated with the industrial/office park.
The church is one story. all brick with a pitched roof and will have a residential look. The
applicants have stated that world wide Kingdom Halls do not provide day care nor engage in
commercial activity.
The proposed plan is developed consistent with the PUD for the Chanhassen Business Center and
the staff is recommending approval with conditions.
General Site Plan/Architecture
The proposed Kingdom Hall will be built with the main entrance facing the southeast. Parking
will be located in the front of the building (southeast) and to the southwest of the building. The
main access is via a singular driveway off of Audubon Road. A canopy is proposed over the
southwesterly side of the building. There will be a driveway under the canopy to allow for pick
up and drop off.
The church as proposed will be one story in height, 19 feet to the highest point of the roof. The
building is 4,095 square feet in area and includes a lecture area and class room spaces. The
maximum seating is 208. The building facade is a 4 inch face brick. The roof is pitched and
will have asphalt shingles. There will be no roof top equipment.
The required parking based on the seating capacity and classroom space is 72. Seventy-three
spaces have been provided including 2 handicapped stalls. Refuse collection is not shown, if
there is to be outdoor storage of waste, it must be screened with compatible building material.
Site Circulation
The site is proposed to be accessed from Audubon Road which is classified as a collector street
on the City's Comprehensive Plan. Audubon Road has been constructed to urban standards. As
Jehovah Witness SPR
February 16, 1994
Page 3
a part of the Chanhassen Business Center (CBC) approval process, one of the conditions of
approval was for this lot to align its driveway access across from the Stockdale property
(Edgework Builders) entrance directly to the east of the site. Upon further review and
consideration, staff believes this condition is no longer valid. We strongly believe that the
existing driveway access to the Stockdale parcel will change if not totally be eliminated with
development of their parcel. Access to their site could be taken from future West Lake Drive.
In combination with this, we believe the permitted use of this parcel (Lot 1, Block 1, Chanhassen
Business Center) would generate fairly low traffic volumes at off-peak times. In addition, the
site lines along Audubon Road are not of concern. Therefore, staff feels comfortable with the
proposed driveway location.
The proposed driveway curb cut on Audubon Road should incorporate the use of a concrete
driveway apron to maintain drainage along Audubon Road. The city does have a standard detail
plate (No. 5207) which should be incorporated into the overall site plans.
The parking lots and driveways are proposed to have 6-inch high cast in place concrete curb and
gutter. At the northwesterly end of the parking lot adjacent to the railroad tracks, the curbs
should be deleted to provide a curb opening to maintain sheet drainage from the parking lots into
the drainage swale adjacent the railroad tracks.
Grading & Drainage
This lot is included with the overall development plan for the CBC site. The lot was rough
graded in accordance to the approved grading plan for CBC. Therefore, the site will involve
relatively minor grading for the building pad, parking lot and driveway areas. The site plan
should provide the pre- and post-site contours across the lot. Staff recommends that the parking
lot be designed so it drains into three directions with the high point located at the intersection
of the driveway and easterly and southerly parking lots. This will evenly distribute runoff into
three areas where it can easily be handled. A majority of the site, approximately 70%, will drain
northwesterly towards the railroad tracks where it will follow an existing drainage swale parallel
to the tracks and end up in a temporary retention pond which serves the remaining CBC
development. The final grading and drainage plan for the CBC site proposes a permanent
stormwater quality and quantity pond located in the southwest corner of the CBC development.
Eventually when the CBC development is built out, storm drainage will be conveyed from
approximately 70% of the entire site through storm sewers into the water quality and quantity
retention pond. Until the entire CBC site is developed, this lot will drain into a temporary
retention pond area which is currently a natural low area directly to the west of this lot.
The Twin Cities and Western Railroad has expressed concerns regarding the site draining into
their drainage swale. Staff has indicated to the railroad that this site will not significantly
increase runoff or result in a potential erosion problem for them. Although this method of
overland drainage is not our typical drainage scenario (storm sewers), staff is comfortable in this
Jehovah Witness SPR
February 16, 1994
Page 4
case since the overall drainage plan for the CBC site will significantly reduce the overall amount
of runoff draining to the railroad tracks (approximately 40 acres). Parking lot runoff will be
effectively treated by draining through the natural grasses in the drainage swale.
Erosion Control
Erosion control measures shall be incorporated in accordance to the City's Best Management
Practice Handbook (BMPH). Erosion control fences should be used on downstream slopes until
vegetation has been re-established. Staff will confirm the location of the erosion control fence
upon review of the proposed site grades. Access to the site should be limited to one point along
Audubon Road. A gravel construction entrance should be used to minimize tracking material on
to the city streets.
Utilities
City sewer and water are available from Audubon Road. This property was previously assessed
for sanitary sewer and water with the Audubon Road improvement project. The city will be
extending a 6-inch sewer and 1-inch water line from Audubon Road to the property line for the
applicant to connect on to. These services, however, will not be available until sometime in early
May. The city will be responsible for restoring Audubon Road and the cost for extending the
service to the property line. The applicant will be required to apply and obtain the necessary
plumbing permits through the city for extending the sewer and water lines to the building.
Landscaping
A 50 foot landscaped berm was required along Audubon Road as a part of the Chanhassen
Business Center PUD agreement. To date, the berm and the landscaping have not be installed.
This was a requirement with the underlying development contract. Responsibility for the
landscaping may have been shifted to the Kingdom Hall, but they should be made aware that a
certificate of occupancy will not be issued until a landscaped berm is completed or surety to
complete it is received by the city.
In the fall of 1993, the City of Chanhassen planted boulevard street trees along Audubon Road
in the city right-of-way. These trees are a mixture of Kentucky Coffee, maples, Ginkgo, honey
locust, hackberry and oaks. The landscaped berm is in addition to the city's street trees.
The landscaping plan proposes Austrian pines in the northeastern corner and lindens and rose
shrubs on the landscape berm. Along the southern property line are maples and lindens. The
northwestern side of the building includes spruce and red cherry.
_ Additional overstory trees shall be placed in the parking lot. They can be placed in the planter
island in front of the building and at the most easterly end of the southern parking lot. This will
Jehovah Witness SPR
February 16, 1994
Page 5
bring the plan in compliance with the parking/landscaping requirements. All sodded area will
be watered by a computerized sprinkler system.
Lighting and Signage
Parking lot lighting is limited to three 15 foot high light fixtures located in the parking lot. The
lights are consistent with the PUD agreement. (Decorative shoe box fixture, high pressure _
sodium with a square ornamental pole.)
The PUD requirements state that the sign shall be limited to a monument sign. The proposed —
sign shall not exceed 80 square feet in sign display area and 8 feet in height. The sign shall also
be constructed of material compatible with the building. The proposed location of the sign is to
the north of the entrance drive off of Audubon Road. The sign shall be moved to the east to
maintain sight lines. The applicants have not submitted a sign plan to date, but staff will ensure
compliance with the conditions of the PUD. A separate permit is required for the sign.
COMPLIANCE TABLE -PUD STANDARDS
ORDINANCE PROPOSED —
Building Height 50 feet 19 feet
Building Setback/Public 50' buffer + 30' setback 132' - 50 'buffer + 82'
ROW setback
Parking Space 1 space for each 3 seat 73 spaces
plus 1 per classroom
Parking Setback 50' buffer + 25' setback 60' - 50' buffer 10'
Public ROW can be reduced to 10' if setback
screened
Lot Coverage 70 % impervious 48 % impervious
Permitted Uses Church, Lot 1 Block 1 Church
Building Materials and Brick or Better 4"face brick
Design
Jehovah Witness SPR
February 16, 1994
Page 6
Site Landscaping Buffer required w/ PUD consistent w/PUD
Parking 72 71 & 2 handicapped
Screening 50 ' Buffer on Audubon 50' buffer on Audubon
Signage max area 80 sq. ft. one moument and one
max height 8 feet wall sign
Lighting high pressure sodium high pressure sodium
Variances required - None
RECOMMENDATION
Staff recommends the Planning Commission adopt the following motion:
"The Planning Commission recommends approval of the site plan for the Jehovah Witness
congregation SPR #92-5 as shown on the plans and subject to the following conditions:
1. B612 or equivalent concrete curb and gutter shall be installed in all parking lot and
driveway areas with the exception of where the drainage outlets in the northwesterly
portions of the parking areas adjacent to the railroad tracks. The parking lots shall be
designed to promote sheet drainage across the parking lot areas. Depending on the
side slopes of the drainageway, rip rap may or may not be required. If rip rap is not
required then the drainage swale shall be sodded. Final determination will be made by
the City Engineer after review and approval of the site grading plan.
2. The driveway curb cut on Audubon Road shall be constructed with a concrete
driveway apron in accordance with City detail plate no. 5207 (Attachment No 1).
3. The applicant shall submit for review and approval a site plan with the pre- and post-
site contours across the lot. The parking lot shall be designed so it drains in three
direction with the high point located at the intersection of the driveway and the
easterly and southerly parking lots.
4. Erosion control measures shall be employed in accordance with the City Best
Management Practice Handbook. Access points to the site shall be limited to the
proposed curb cut on Audubon Road. A gravel construction entrance shall be
provided and maintained until the parking lots and driveway have been paved.
Jehovah Witness SPR
February 16, 1994
Page 7
5. A separate permit is required for the sign.
6. Marking of handicapped stalls as per the Building Official's letter dated January 31,
1994."
ATTACHMENTS
1. Letter from Steve Kern, Chanhassen Congregation of Jehovah's Witness.
2. Memo from Dave Hempel dated February 8, 1994.
3. Memo from Steve Kirchman dated January 31, 1994.
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of
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13001 Lake St. Extension, Ntka Stephen G. Kern
6540 Devonshire Dr.
Chanhassen, Mn 55317
Secretary 470-5475
Chanhassen City Hall
Planning Dept.
Kathryn Aanenson
Chanhassen
Kingdom Hall
NARRATIVE
Site Location Block 1 , Lot 1 , Chanhassen Business Center
Purpose Public Bible Lecture, Speech Class, Group Bible Study
Buildin` Si e 40 'x80' w/ 23'x32 ' S .E. Wing 4095 sq ft
Building Height 19 Feet to outside roof peak
_;ax . Seating 208 Chairs
Parking Spaces 73 spaces
Pk. Lot/side walks 44% Hard Surface ( :lin 2' Bituminous - sidewalks 4" conc'
Green Landscape 51!. . . 28 Trees, 21 shrubs (on site plan ) add20 N,E.wal:
near building 51% area has cultured sod.
Lighting 3 Parking Lot poles. . . :UD Std Parkdale. Flood style
lites in soffits on 3 sides of bldg. facing down.
also Low voltage lighting in garden areas .
Irrigation .Dprinkler system for all sod areas w/ electronic timer
Restricted World wide, kingdom Halls do not provide day care
activity
_ nor engage in commercial activity.
Sewer / Water November 1993 Chanhassen city hall Eng. dept. said
they would stub-in our sewer at city expense . We will
connect to water at our expense.
CITYOF -
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,, , CHANHASSEN _
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 —
(612) 937-1900 • FAX (612) 937-5739
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MEMORANDUM —
TO: Kate Aanenson, Senior Planner
FROM: Steve A. Kirchman, Building Official �'•, :r- 1 \< .,
1
DATE: January 31, 1994 —
SUBJ: 92-5 SPR (Chanhassen Kingdom Hall)
—
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:
The handicap parking requirements,as specified in the Minnesota State Building Code(MSBC)and shown
on sheet SP1, appear to be inadequate.
1. MSBC 1340.1900 requires approved signage at specified locations at each parking stall.
These signs are not shown.
2. The site approach must comply with MSBC 1340.0300. The slope of the approach from —
the parking lot to the accessible entrance should be indicated as a percent slope.
3. Curb cut requirements are not clearly addressed in the MSBC, however ADA (CFR 36,
Appendix A,Section 4.7)requirements are generally accepted for curb cuts. Curb cuts and —
site approach details are not shown. Curb cuts may not be contained within vehicle
parking areas of the stalls.
Recommendations:
The following condition should be added to the conditions of approval. —
1. Indicate handicap parking spaces and site approach details complying with MSBC 1340.
CITY OF
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EN
'Wt690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Kate Anenson, Senior Planner
FROM: Dave Hempel, Assistant City Engineer /41-
DATE: February 8, 1994
SUBJ: Site Plan Review for Chanhassen Kingdom Hall Church, Lot 1, Block 1
Chanhassen Business Center - LUR 94-4
Upon review of the site plan dated November 31, 1992, revised November 12, 1993, prepared
by P.V. Blasko, Architect, I offer the following comments and recommendations:
SITE CIRCULATION
Site is proposed to be accessed from Audubon Road which is classified as a collector street on
the City's Comprehensive Plan. Audubon Road has been constructed to urban standards. As a
part of the Chanhassen Business Center (CBC) approval process, one of the conditions of
approval was for this lot to align its driveway access across from the Stockdale property
(Edgework Builders) entrance directly to the east of the site. Upon further review and
consideration, staff believes this condition is no longer valid. We strongly believe that the
existing driveway access to the Stockdale parcel will change if not totally be eliminated with
development of their parcel. Access to their site could be taken from future West Lake Drive.
In combination with this, we believe the permitted use of this parcel (Lot 1, Block 1, Chanhassen
Business Center) would generate fairly low traffic volumes at off-peak times. In addition, the
site lines along Audubon Road are not of concern. Therefore, staff feels comfortable with the
proposed driveway location.
The proposed driveway curb cut on Audubon Road should incorporated the use of a concrete
driveway apron to maintain drainage along Audubon Road. The City does have a standard detail
plate (No. 5207) which should be incorporated into the overall site plans.
The parking lots and driveways are proposed to have 6-inch high cast in place concrete curb and
gutter. At the northwesterly ends of the parking lot adjacent to the railroad tracks, the curbs
Kate Anenson
February 8, 1994
Page 2
should be deleted to provide a curb opening to maintain sheet drainage from the parking lots into
the drainage swale adjacent the railroad tracks.
GRADING R. DRAINAGE
This lot is included with the overall development plan for the CBC site. The lot was rough
graded in accordance to the approved grading plan for CBC. Therefore the site will involve
relatively minor grading for the building pad, parking lot and driveway areas. The site plan
should provide the pre- and post-site contours across the lot. Staff recommends that the parking
lot be designed so it drains into three directions with the high point located at the intersection
of the driveway and easterly and southerly parking lots. This will evenly distribute runoff into
three areas where it can easily be handled. A majority of the site, approximately 70%, will drain
northwesterly towards the railroad tracks where it will follow an existing drainage swale parallel
to the tracks and end up in a temporary retention pond which serves the remaining CBC
development. The final grading and drainage plan for the CBC site proposes a permanent
stormwater quality and quantity pond located in the southwest corner of the CBC development.
Eventually when the CBC development is built out, storm drainage will be conveyed from
approximately 70% of the entire site through storm sewers into the water quality and quantity
retention pond. Until the entire CBC site is developed, this lot will drain into a temporary
retention pond area which is currently a naturally low area directly to the west of this lot. —
The Twin Cities and Western Railroad has expressed concerns from the site draining into their
drainage swale. Staff has indicated to the Railroad that this site will not significantly increase
runoff or result in a potential erosion problem for them. Although this method of overland
drainage is not our typical drainage scenario (storm sewers), staff is comfortable in this case since
the overall drainage plan for the CBC site will significantly reduce the overall amount of runoff
draining to the railroad tracks (approximately 40 acres). Parking lot runoff will be effectively
treated by draining through the natural grasses in the drainage swale.
EROSION CONTROL
Erosion control measures shall be incorporated in accordance to the City's Best Management
Practice Handbook (BMPH). Erosion control fences should be used on downstream slopes until
vegetation has been re-established. Staff will confirm the location of the erosion control fence
upon review of the proposed site grades. Access to the site should be limited to one point along
Audubon Road. A gravel construction entrance should be used to minimize tracking material on
to the city streets.
Kate Anenson
February 8, 1994
Page 3
UTILITIES
City sewer and water are available from Audubon Road. This property was previously assessed
for sanitary sewer and water with the Audubon Road improvement project. The City will be
extending a 6-inch sewer and 1-inch water line from Audubon Road to the property line for the
applicant to connect on to. These services, however, will not be available until sometime in early
May. The City will be responsible for restoring Audubon Road and the cost for extending the
service to the property line. The applicant will be required to apply and obtain the necessary
plumbing permits through the City for extending the sewer and water lines to the building.
STAFF RECOMMENDATIONS
1. B612 or equivalent concrete curb and gutter shall be installed in all parking lot and
driveway areas with the exception of where the drainage outlets in the northwesterly
portions of the parking areas adjacent to the railroad tracks. The parking lots shall be
designed to promote sheet drainage across the parking lot areas. Depending on the side
slopes of the drainageway, rip rap may or may not be required. If rip rap is not required
then the drainage swale shall be sodded. Final determination will be made by the City
Engineer after review and approval of the site grading plan.
2. The driveway curb cut on Audubon Road shall be constructed with a concrete driveway
apron in accordance with City detail plate no. 5207 (Attachment No 1).
3. The applicant shall submit for review and approval a site plan with the pre- and post-site
contours across the lot. The parking lot shall be designed so it drains in three direction
with the high point located at the intersection of the driveway and the easterly and
southerly parking lots.
4. Erosion control measures shall be employed in accordance with the City Best
Management Practice Handbook. Access points to the site shall be limited to the
proposed curb cut on Audubon Road. A gravel construction entrance shall be provided
and maintained until the parking lots and driveway have been paved.
jms
c: Charles Folch, City Engineer
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C I TY 0 F PC DATE: 3/2/94
CC DATE 3/14/94
CHANHASSEN
CASE #: 94-1 Sign Permit
(Variance)
STAFF REPORT
PROPOSAL: The applicant is requesting a variance from the 80 square foot maximum
business wall sign and signage on non-street frontage as follows:
1. Byerly's: Permit the signage as proposed on the building elevation.
West 78th Street signage: 5.7 percent of wall area totaling 431 square feet.
z 72 square feet: Open 24 Hours Fine Foods
Q 55 square feet: Wine Spirits
304 square feet: Byerly's
2. Byerly's: Permit the signage as proposed on the building elevation.
Kerber Boulevard signage: 5.3 percent of wall totaling 376 square feet.
CL 3. Byerly's: Permit the signage as proposed on building elevation.
LL ! West signage: 9 percent of wall area totaling 304 square feet.
Q 4. Retail Center:
West elevation: 9 percent of wall area maximum 320 square feet.
LOCATION: Northwest corner of Kerber Boulevard and West 78th Street.
Lot 4 and part of Lot 3, Block 1, West Village Heights 2nd Addition
APPLICANT: T. F. James Company (612) 828-9000
6640 Shady Oak Road
Eden Prairie, Minnesota 55344
PRESENT ZONING: General Business, BG
ACREAGE: 13.11 Acres
rADJACENT ZONING
AND LAND USE: N - R-12, High Density Residential, Proposed Oak Pond
Townhouses and West Village Townhouses
•
w S - BG, General Business; Target Store; West 78th Street
E - OI, Office & Institutional; City Hall; Kerber Boulevard
�• W - BG, General Business, vacant lots; Powers Boulevard
2000 LAND USE PLAN: Commercial
James Company/Byerly's
Sign Permit (Variance)
February 24, 1994
Page 2
APPLICABLE REGULATIONS
Section 20-1303 of the city code permits a wall business sign of 15 percent of the building
wall area with a maximum of 80 square feet per business per street frontage.
BACKGROUND
The applicant has previous applied for and received approval for an Interim Use Permit # 93-
2 to rough grade the site for development, Site Plan # 93-7 approving the layout of the
development for approximately 106,000 square feet of commercial and office space, and
Conditional Use Permit # 93-1 permitting two structures on one lot. As part of the site plan
approval, the applicant was required to come back to the city with a sign package proposal
for the entire site.
ANALYSIS
Staff is in the process of preparing an ordinance that would provide additional signage for
those developments that have larger business wall areas.
Under one of the proposals which staff investigated, a formula was developed that took into
account the larger wall area of some users as well as additional building setback provided by
a development. This formula was derived from the current allowance of 15 percent wall area
with a maximum of 80 square feet (i.e. a wall area of 533 square feet would be permitted an
80 square foot sign). The formula permitted 10 square feet of sign area for each 533 square
feet of wall area. To account for relative size based on setback, the formula also provided
one (1) additional square foot of signage for each additional foot of setback over the
minimum required by code. The following compares the signage either proposed or
approved as part of the development against what would be permitted based on this formula
(wall area and setbacks for each developments are as follows: Target - 8,450 square feet and
120 feet, Festival Foods - 5,434 square feet and 183 feet, Byerly's West 78th Street - 7,500
square feet and 335 feet, and Byerly's Kerber Boulevard - 5,700 square feet and 115 feet).
Development Name Signage & % Wall Signage per Formula & % Wall
Target 207 sq ft 2.4 254 sq ft 3.0
Festival Foods 262 sq ft 4.8 260 sq ft 4.8
Byerly's (West 78th) 431 sq ft 5.7 450 sq ft 6.0
Byerly's (Kerber) 376 sq ft 6.6 196 sq ft 3.4
James Company/Byerly's
Sign Permit (Variance)
February 24, 1994
Page 3
In the second alternative, the one that is being brought forward for Planning Commission
review, staff investigated wall sign standards based on the same ratio of 15 percent maximum
of wall sign area. However, there now is a hierarchy of wall sign area that relates to the wall
area of the building and the size of the sign. The factor that has changed is the maximum
area of 80 square feet which has been increased to 240 square feet. Base on this alternative,
the signage would be as follows:
Development Name Signage & % Wall Signage per Table & % Wall
Target 207 sq ft 2.4 240 sq ft 2.8
Festival 262 sq ft 4.8 240 sq ft 4.4
Byerly's (West 78th) 431 sq ft 5.7 240 sq ft 3.2
Byerly's (Kerber) 376 sq ft 6.6 240 sq ft 4.2
Under the first alternative, the formula closely matches the requested sign area and is directly
related to the wall area and the additional setback. This alternative does not account for the
intermediate wall areas, i.e. those business with wall areas between 533 and 4,500 square feet
of wall area, and would only provide relief for the largest buildings and users. However, this
alternative does not have an upper limit for signage and would potentially permit wall signs
of any size.
Under the second alternative, only the Target signage is within the limits permitted by the
table because of the cap for total signage. This alternative caps signage so that signs do not
become overwhelming and intrusive as part of a development. It also provides relief for the
intermediate wall areas through the progression of wall sizes. As can be seen, either
alternative would permit larger signs that are a significantly smaller percentage of the wall
area than the 15 percent permitted for smaller users under existing code.
In regards to the proposed signage on the west elevations of the building, staff cannot see any
justification for these signs. While these signs may be visible to the general public prior to
the development of the remainder of the block, these signs will only be seen from the multi-
family development to the north after this block is fully developed.
The current code does not adequately address the. i ;er retailers and therefore some relief
from the ordinance would be fair and equitable. , existing sign code is tailored to provide
signage for the average retail or office user who leases 800 to 1,000 square feet of space and
may have a business wall area between 100 and 400 square feet with permitted signage
between 15 and 60 square feet.
James Company/Byerly's
Sign Permit (Variance)
February 24, 1994
Page 4
The proposed signage exceeds the sign allowance that would be permitted under the sign
ordinance that is being proposed by staff. However, staff believes that granting of a variance
consistent with the table below would be an equitable compromise. —
FINDINGS
Section 20-1253 of the City Code states that the city council, upon recommendation of the
planning commission, may grant a variance from the requirements of this article where it is
shown that by reason of typography or other conditions, strict compliance with the
requirements of this article would cause a hardship; provided that a variance may be granted
only if the variance does not adversely affect the spirit and intent of this article. Section 20-
58 states that city council may grant variances only if the following criteria are met:
a. That the literal enforcement of this chapter would cause undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by
a majority of comparable property within 500 feet of it. The intent of this provision
is not to allow a proliferation of variances, but to recognize that there are pre-existing
standards in this neighborhood. Variances that blend with these pre-existing standards
without departing downward from them meet this criteria. (Emphasis added)
Finding: The granting of a variance to the sign area is consistent with the signage
that has been approved for the Target Center and Market Square (both which were
acceptable as PUDs) which are south of this development. The Code does not appear
to adequately address the larger building users whose signage, while exceeding the
code, would be scaled to their business wall sizes; nor does it address developments
which have larger setbacks than are required under the zoning regulations and where
the larger signage would be proportioned to this additional setback. Larger scale
retailers not likely to be repeated many times again in the CBD.
b. The conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
Finding:' The conditions upon which this petition for a variance is based is not
applicable generally to other properties within the same zoning classification because
this property and the proposed development are larger and setback further than other
developments on similarly zoned property. As stated above, larger sign area is
consistent with the signage permitted in two adjacent developments.
James Company/Byerly's
Sign Permit (Variance)
February 24, 1994
Page 5
c. The purpose of the variation is not based upon a desire to increase the value or
— income potential of the parcel of land.
Finding: The purpose of this variance will allow the property owner to have signage
that is proportional to signage approved for development in the immediate area. The
purpose of the variance is not based upon a desire to increase the value or income
potential of the parcel of land, but to make the signage comparable to that granted for
the developments on the south side of West 78th Street.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship created is due to the fact that City Code does not adequately
_ address larger building users nor developments that provide setbacks that are
substantially larger than those required by code. Proportionally, the proposed sign is
smaller than those allowed for smaller users based on the percentage of the wall area.
e. The granting of the variance will not be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will not be detrimental or injurious to other
land or improvements in the neighborhood. Existing developments currently have sign
that is larger than permitted by code.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increases the
danger of fire or endanger the public safety or substantially diminish or impair
property values within the neighborhood.
Finding: The proposed variance will not impair an adequate supply of light and air to
adjacent property, substantially increase the congestion of the public streets, increase
the danger of fire, endanger the public safety, substantially diminish or impair property
values within the neighborhood. The signage that exceeds code requirements will be
on the face of the building and is consistent with signage approved for adjacent
development.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
James Company/Byerly's
Sign Permit (Variance)
February 24, 1994
Page 6
"The Planning Commission recommends that the City Council approve the variance to the
sign ordinance for the West Village Center to permit a maximum of two hundred forty (240)
square feet of sign area for business wall areas based on the table below and denial of the _
variances to permit signage on the west elevations of any of the buildings. This approval is
subject to the following conditions:
1. Permitted sign area shall be based on the table below:
Maximum Percentage Wall Area in Square Feet Maximum Square
of Wall Footage of Sign
15% 0-600 90
13% 601-1,200 156
11% 1,201-1,800 198
9qc 1,801-2,400 216
79 2,401-3,200 224
5% 3,201-4,500 230
39c 4,500 + 240
2. Signage shall be individual block letters. No pan or panel signs shall be
permitted.
3. All signs require a separate permit.
4. The signage will have consistency throughout the development. Consistency in
signage shall relate to color, size, materials, and heights.
5. Only back-lit individual letter signs are permitted.
6. Individual letters may nc Need four (4) feet in height."
Attachments:
1. Development Review Application
2. Request for Variance Application Narrative
James Company/Byerly's
Sign Permit (Variance)
February 24, 1994
Page 7
3. Area Location Map
4. Byerly's Elevation with Signage
5. Pylon Sign Detail
6. Monument Sign Detail
7. Site Landscape Plan
8. Applicant's Exterior Signage Calculations
9. Notice of Public Hearing
10. Notice Mailing List
11. Letter from B.C. "Jim" Burdick dated 2/22/94
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937.1900
DEVELOPMENT REVIEW APPLICATION
APPLICANT: CHAR Li E OWNER: T F. k''C- CDM P
� u>A (CR pc RATIa)
ADDRESS: CG LIC S i—Isr OAK 12.0766) ADDRESS:
SCY . SOc •
FSP tE M J S534'4
TELEPHONE (Day time) Off- C1 OO TELEPHONE: FAX �29
1. Comprehensive Plan Amendment 11. Subdivision -
2. Conditional Use Permit 12. Vacation of ROW/Easements "-
3. Grading Excavation Permit 13. X Variance SEC/TICK 2C — I3C3 L
soBPAP-A RAP r+ (3)
4 Interim Use Permit 14. Wetland Alteration Permit
5. Notification Signs 15. Zoning Appeal
L
6 Planned Unit Development 16. Zoning Ordinance Amendment
7. Rezoning 17. Filing Fees/Attomey Cost - (Collected after
approval of item)
8. Sign Permits 18. Consultant Fees
9. Sign Plan Review
10. Site Plan Review TOTAL FEE $
A Ilst of all property owners within 500 float of the boundaries of tiw 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 g1'E L15 UU ES-1' v 1 Li 't ,
LOCATION U - SI i)E- C 7 -r1-1 lk'4 Bt's g)--\1b 74c-Ns l '.-. .t -S - 'l-\U
LEGAL DESCRIPTION LOT ' t , B I 1✓t)EST v I L eE HE16t !
2 g n A D -T ICA/71 OT Of' -SSS
•
PRESENT ZONING
REQUESTED ZONING .
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION \
REASON FOR THIS REQUEST &TN DrS NICE. NWEST r 7e (� Pr__) `t
—SIZE G1 sKCS
PPrNE CE - (GvE2 GCC' ii1&)``80 S . �I MAX- .1.1011-t SrZE 15 '1
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information -a
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.
7
This is to certify that I am making application for the described action by the City and that I am responsible for complying Z
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 3
ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the c
authorized person to make this application and the fee owner has also signed this application.
c
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further 2.
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. S
L
I also understand that after the approval or granting of the permit, such permits shall be Invalid unless they are recorded 7.
against the title to the property for which the approvaVperrf is granted within 120 days with the Carver County Recorder's I
Office and t e 9riginal document returned to City Hall Records.
1,,/(,&,1/(0/(iiift4et.& /--sy-- zyl
fir\ "
Signatu of plic 4 Date 0 .c_7,- -
V' -
7-, F._ffi-714,6 b90A-Air
ul— P -
Signature of Fee Owner Date ]- Z-:Application Received on -.- 6-.144 4 Fee Paid 7. po Receipt No. ,0? 7. I-1
' The applicant should contact staff fir a copy of the staff report which will be available on Friday prior to the
meeting. II not contacted, a copy of tho report will be mailed to the applicant's address.
JAMES
REOUEST FOR VARIANCE
SIGN ORDINANCE
Section 20--1303
Subparagraph 3
"Business wall signs"
West Village Center is seeking a variance on just one of the two
criteria for wall signs . We can meet the 15% coverage standard
but the 80 sq. ft . maximum size is a hardship given the size of
the building and the distance from the streets . We believe that
this section of the code does not address the needs of today' s
large scale merchandisers .
This request is consistent with what was allowed for Target and
Market Square . The Target identification exceeds the 80 sq. ft.
maximum but an exemption was allowed as part of the PUD.
Granting this variance would actually bring our project into
conformity with the other commercial projects in our
neighborhood.
All wall signs on our project will be individual cut out letters
mounted against a brick background.
The proposed pylon and ground sign will be constructed of the
same brick used in West Village Center and will incorporate some
of the same design themes .
Respectfully Submitted,
(17(,4 d?lifftr
Charles Wm. James
T.F. James Company PO Box 24137 M•nneapolis hsinnesota 55424 (612) 828-9000
REAL ESTE.. .. DEVELOPMMENT
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Exterior Signage Calculations
West Village Center
Chanhassen, Minnesota
Note: All exterior signs which identify tenants in the shopping center shall consist of
individual cut-out letters, however, for purposes of these calculations the signage is
measured by the exterior dimensions of an imaginary rectangle which would frame and
contain the cut-out letters.
South Elevation:
1. Byerly's has a south wall area of 7500 sq.ft. The signage proposed would total 431
sq.ft. or 5.5% of the total wall area. This is determined by using 36 total lineal feet of 24
inch letters (Open 24 Hours Fine Foods) , 22 feet of 30" letters ( Wine Spirits), and a
Byerly's logo of 304 sq.ft. Code would allow 1125 sq.ft. or 14 signs each containing 80 sq.ft.
2. The adjacent retail area has a south wall area of 7924 sq.ft. Code would allow 1188 sq.ft.
of signs or 15 signs at 80 sq.ft. We are proposing an 80 sq.ft. maximum for each sign and
will meet or exceed the code.
East Elevation of B}erly's:
Total wall area is 5700 sq.ft. and code would allow 855 sq.ft. of signage. We are proposing
376 sq.ft. of signage, which is just over 6% whereas code allows 15%.
West Elevation: —
1. At Byerly's, the total wall area is 3372 sq.ft. We are proposing 30y sq.ft. which is
9 % of the total wall area.
2. The West elevation of the adjacent retail area consists of 3S20 sq.ft. total area. We are
proposing 320 sq.ft. of signs which will meet or exceed the code.
/% ', ,
NOTICE OF PUBLIC HEARING - - ; . : -�� --_
- 1' - i lyt2: -1
PLANNING COMMISSION MEETING �,•,, ppm _ . - ._ .
_ Wednesday, March 2, 1994 - 7:30 P.M. Location �G�3 y,--`=
City Hall Council Chambers _- . .. - .ems
690 Coulter Drive 2 ��;�;� •A -+''--7� -- '
Project: West Village Heights Center rj BC .d D
_ Sign Variance '
Developer: Charlie James _ : G , ,
STERN ' a . raw, ` je
Location: Lot 4, Block 1, West Village �QQ _ �. ' ; •?
Heights 2nd Addition , .KE - 1 -:
1 ;USAN XX Pi r
P.tRK i .h-
c
1 „. s 4
Notice: You are invited to attend a public hearing about a development proposed in
— your area. The applicant is requesting a variance to the City Code regarding the sign
requirements for West Village Heights Center, located on Lot 4, Block 1, West Village
Heights 2nd Addition.
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 Bob at 937-1900. ' you choose to
submit written comments, it is helpful to have one copy to the Planning Dep _anent 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 February 17,
1994. ✓
•
•
West Village Partners Independent School Dist. Mithun Enterpr. Inc.
1443 Utica Ave. #240 1700 Highway 41 900 Wayzata Blvd.
Mpls., MN 55416-1571 Chaska, MN 55318 Wayzata, MN 55391
State Bank of Chanhassen Market Square Associates B.C. Burdick
680 78th Street 3503 Maplewood Circle 426 Lake Street
Chanhassen, MN 55317 Excelsior, MN 55331 Excelsior, MN 55331
Dayton Hudson Corp. Eckankar Dean Johnson Contruction
Dept. T-862 Box 27300 8984 Zachary Lane
777 Nicollet Mall New Hope, MN 55427 Maple Grove, MN 55369
Mpls., MN 55402
Festival Foods
Bob King
7900 Market Blvd.
Chanhassen, Mti 55317
Principals In Minnesota's Fastest
Growing Area
Brian H. Burdick
B.C. "Jim" Burdick
426 Lake Street Excelsior, Minnesota 55331 (612) 4745243
FAX (612) 474 7543
February 22, 1994
Chanhassen Planning Commission
Box 147
Chanhassen, MN 55317
Re: West Village Heights Center, Sign Variance
Ladies and Gentlemen,
Due to a pressing conflict we cannot be present at the March 2, 1994
meeting pertaining to the sign variance for the West Village Heights
Center.
It is our feelings that the presence of Byerly's will add a significant
amount of class to the City of Chanhassen. As neighboring property
owners we would like to ask that you look upon their request for a sign
variance in as favorable a manner as possible.
Cordially yours,
j
77/
.C. "JIM" BURDICK
H. BURDICK
_ BCB/kml
RECEIVED
1994
"Success in business is purely a matter of luck. CITY OF C /',1Na�5E
If you don't believe us,just ask any of the losers."
u - CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Planning Commission
FROM: Sharmin Al-Jaff, Planner II
DATE: February 24, 1994
SUBJ: Site Plan Review and Subdivision application for the purpose of constructing a
Wendy's and an Office Retail Building
On February 16, 1994, the Planning Commission reviewed the following application:
1) Site Plan Review for a 9,960 Square Foot Retail/Office Building, and a 2,533
Square Foot Wendy's Restaurant
2) Replat of Outlot A, Market Square into Lot 1, Block 1, Market Square Second
Addition, 41,193 Square Foot Lot
As an oversight by staff, the application was published in the newspaper but a notice did not get
sent to property owners within 500 feet. Consequently, the public hearing was not closed, and
the decision was tabled until March 2, 1994. Notices for this meeting have been sent to
neighboring property owners, and the Planning Commission can continue discussion of this item
and vote on it.
The applicant has not submitted any revised plans, therefore, staff's recommendations remain the
same. The applicant indicated that revised plans will be delivered by March 1, 1994, addressing
concerns raised at the Planning Commission meeting.
Since the February 16, 1994, Planning Commission meeting, staff had some in-house discussion
_ with a few members of the Planning Commission and City Council. It was suggested that a
unified building which would house the office/retail as well as the Wendy's facilities should be
studied. Staff has not had time to develop designs, however, we find merit in this suggestion.
A unified comprehensive and compatible architectural style could be developed and we
recommend the applicant investigate this possibility.
Attachments
1. Staff report dated February 16, 1994.
2. Planning Commission minutes dated February 16, 1994.
3. Market Square II Subdivision.
To: Planning Commission
From: Vernelle Clayton
Date: February 24, 1994
Re: Plans for Market Square II
This memo is to inform you that the revised site plans and Office/Retail elevations for Lot 4,
Block 1, Market Square, will be delivered to your homes by Tuesday, March 1, 1994.
C I TY 0 F PC DATE: 2/16/94
CHANHASSEN CC DATE: 3/14/94
CASE #: 89-2 PUD
STAFF REPORT
PROPOSAL: 1) Site Plan Review for a 9,960 Square Foot Retail/Office Building, and a
2,533 Square Foot Wendy's Restaurant
2) Replat of Outlot A, Market Square into Lot 1, Block 1, Market Square
Z Second Addition, 41,193 Square Foot Lot (To be reviewed on March 2,
Q 1994).
LOCATION: Southwest corner of the intersection of Market Boulevard and West 78th Street
a. APPLICANT: Lotus Realty Services, Inc.
a. P. O. Box 235
Chanhassen, MN 55317
PRESENT ZONING: PUD, Planned Unit Development
ACREAGE: 79,946 Sq. Ft. (Wendy's Site 41,193 s.f. - Office/Retail Site 38,753 s.f.)
DENSITY:
ADJACENT ZONING AND
LAND USE: N - OI
S - PUD, Market Square
E - CBD, Filly's and Country Suites Hotel
W - PUD, Market Square
WATER AND SEWER: Available to the site.
w PHYSICAL CHARACTER.: A level parcel.
2000 LAND USE PLAN: Commercial
- •
Market Square II
February 16, 1994
Page 2
PROPOSAL/SUMMARY
On October 8, 1990, the City Council approved the final PUD plan for the Market Square
Shopping Center subject to conditions described in the attached report. The site included 4 lots
and one outlot. Market Square Shopping Center occupies Lot 1. Lots 2, 3, 4, and Outlot A are
vacant. The current request is for the construction of a 9,960 square foot office/retail building
(Edina Realty) on Lot 4, and a 2,533 square foot restaurant building (Wendy's) on Outlot A.
The site plan is well developed, however, in some respects it does not meet all current standards.
The PUD it is regulated by is almost 5 years old and while it was considered progressive at that
time, newer standards have since been put into place. This request is subject to regulations under
the existing PUD plan. Staff is recommending some changes that will allow the overall plans
to work more efficiently. The architecture of the office/retail building attempts to reflect the
existing use of light grey 4" lap siding and rock face block foundation to match the shopping
center. Diamond shaped louvers accent the gabled roof. This type of architecture is consistent
with the rest of the shopping center. Staff is recommending the gabled roof sections be extended
out to resemble entry ways and break the box shape look of the building. The Wendy's
Restaurant building is proposed to have brick veneer exterior. The color of the brick should be
of a tone that blends with Market Square. A pitched roof and a parapet wall screen all the roof
top equipment. It also adds an attractive architectural element.
Site access is provided via existing shopping center curb cuts on Market Boulevard and 78th
Street. Internal access is a somewhat more complicated situation. There are two internal access
points onto Market Square's north drive. Once on the site, however, there are serious conflicts
between the Wendy's drive through circulation and other parking for both structures. Turning —
movements are difficult, stacking space is inadequate and one-way directional parking is required.
A simple solution for the stacking and the interior vehicular circulation issues would be to rotate
the Wendy's building counter-clockwise. Another advantage to rotating the building would be —
additional green space, additional parking, better design elevations and the addition of a plaza.
Staff discussed this option with the applicant at length and an agreement was reached to make
these revisions. At the time of writing this report, the revised plans were not available. These —
revised plans will be available at the Planning Commission meeting. Attachment#1 is a sketch
of the revisions staff is recommending.
The site landscaping is generally of high quality due to the attention that was paid to this issue
by staff and the applicant. Additional landscaping is being requested south, east, and north of
the site, as well as between the two buildings.
In an accompanying subdivision request, the outlot is being replatted into a lot. Due to an
oversight by staff, we failed to publish the replat for the February 16, 1994, meeting. Staff is
making the approval of the site plan contingent upon the replat of Outlot A. The Planning
Commission will review the replat at their March 2, 1994, meeting. The only change taking
Market Square II
February 16, 1994
Page 3
place with the replat is the change of status from an outlot to a lot. The replat request is a
straight forward action.
Based upon the foregoing, staff is recommending that the Planning Commission approve the site
plan request for this proposal with appropriate conditions.
SITE PLAN REVIEW
General Site Plan/Architecture
The applicant is proposing two buildings. The first building is a 9,960 square foot office/retail
building (Edina Realty), will be located on Lot 4 and situated at the southwest corner of West
78th Street and Market Boulevard. The second building is a 2,533 square foot restaurant building
(Wendy's) and will be located on Outlot A, south of the future Edina Realty. Access is gained
off of a curb cut on West 78th Street (right in/out only), and via Market Boulevard. Parking is
located to the west, south, and between the two proposed buildings. Vehicle stacking is located
south and east of the site and the Wendy's building so that direct distant views from West 78th
Street to the north of the site will be minimized. Direct views of the stacking lanes will be
screened by the two buildings and landscaping from the north of the site. The architecture of
the office/retail building attempts to reflect the shopping center's use of light grey 4" lap siding
and rock face block foundation to match the existing shopping center. Diamond shaped louvers
accent the gabled roof. This type of architecture is consistent with the rest of the shopping
center. Staff is recommending the gabled roof sections be extended out to resemble entry ways
= and break the box shape look of the building. The Wendy's Restaurant building is proposed to
have brick veneer exterior. The color of the brick should be of a tone that blends with Market
Square. A pitched roof and a parapet wall screen all the roof top equipment. It also adds an
attractive architectural element. As was mentioned earlier in the Proposal Summary, staff has
recommended the Wendy's building be rotated counter-clockwise. This will result in the south
elevation facing Market Boulevard. The applicant is in the process of revising this elevation by
adding the metal trim. The architecture is consistent with the shopping center through the use
of columns of metal trim. The applicant is showing the trash enclosures screened by masonry
walls using the same materials as the buildings. Wendy's trash enclosure is proposed along the
south of the site and Edina Realty's is proposed to be located on the east side of the site. Staff
is recommending the two locations be consolidated as shown in Attachment #1. The applicant
is in the process of making this revision as well. Three electric boxes (transformers) operated
and maintained by NSP, as well as a traffic controller unit, are located at the southeast corner
of the site. These units will be screened by landscaping to the north, west and south. A 10 foot
clearing must be maintained around the units for maintenance purposes.
While we are generally satisfied with the two building's architecture and note that the applicant
has worked extensively on this project, we do have some concerns. The site on which Edina
Realty's building is situated is a highly visible one at what is highly likely to become one of the
Market Square II
February 16, 1994
Page 4
most important intersections in the Chanhassen CBD. We appreciate the fact that the building
is situated to maintain the West 78th streetscape by its close proximity and orientation. There
is no parking between the street and the building, only landscaping. Setting an architectural
standard for this building is difficult in part due to its location. The PUD approval requires
architectural consistency with the main shopping center building. However, at the same time,
this site is essentially the transition point from the shopping center site into architectural styles
found elsewhere in the CBD. Therefore, we believe that the architect's intent to combine the
style of the shopping center building, along with other downtown buildings such as the Country
Hospitality Suites, is a sound one. We have some concerns over the visual massiveness of this
building. The inclusion of dormers break the massiveness of the roof. However, we would
propose that the dormers be carried down along the facade of the building to detract from the box
like shape.
The second concern pertains to the Wendy's building south elevation. An enclosed indoor
storage area is located behind this elevation. When the building is rotated as staff is proposing,
it will face Market Boulevard. In discussions with the applicant, we requested that the service
door be moved to the side, and detail similar to the north elevation be carried onto the south
elevation. Due to the lack of time, we have not had an opportunity to explore this more fully
with the project architect but are certain that this matter could be resolved in the final plans.
Parking/Interior Circulation
The city's parking ordinance requires one parking space per 200 square feet of gross floor area
for retail buildings. Edina Realty's building is proposed to contain 3,000 square feet of
office/retail space. The number of parking spaces required is 15. The office portion of the
building requires 4.5 spaces per 1,000 square feet gross floor area. The building is proposed to
contain 7,000 square feet of office space. The number of parking spaces required is 31.5 spaces,
resulting in a total of 47 spaces. The applicant is providing 35 parking spaces. Although there
is a shortage of parking on this site, the applicant is proposing to make up the difference on the
Wendy's site. The ordinance requires one parking space per 60 square feet of gross floor area
for fast food restaurants. The Wendy's building has a gross area of 2,533 square feet. The
number of parking spaces required is 42 spaces. The applicant is providing 59 spaces which
exceeds the ordinance requirements and makes up for the extra parking spaces needed for the
office/retail building. This shared parking will require an agreement. Staff voiced some concern
over the two spaces located to the southwest of the site and recommended they be deleted as they
could potentially conflict with vehicles using the southwesterly access into the Wendy's parking
lot. Although the number of spaces is reduced, the total shared parking will still meet ordinance
requirements.
The parking layout has been redesigned by staff, as shown in Attachment#1. This layout keeps
the drive through traffic out of the office retail parking area. It also provides them with an
additional five spaces. Traffic circulation within the two parking lots will be more functional.
Market Square II
February 16, 1994
Page 5
— Traffic will be directed via West 78th Street running parallel to the westerly edge of the site then
headed east into either site. Traffic exiting the site would utilize the same two entrances located
to the west of the site. A stop sign should be placed at the exit points to regulate traffic. A
cross access easement running in favor of both lots must be created over the northwesterly access
as it will be shared by both sites.
The drive-through stacking is another issue that surfaced during the review of the plan. There
is space for one car at a time to read the menu board and place an order. Any additional cars
will block circulation. Staff recommends the menu board be moved further to the east.
However, rotating the building will eliminate the vehicular stacking issue.
Access
Since Market Square has been completed, traffic circulation throughout the center has had its
problems. One such area is turning into the shopping center from Market Boulevard at the most
northerly access point. The driveway access is designed with three lanes of traffic; two lanes
outbound onto Market Boulevard and one lane inbound. A center median also exists dividing
the inbound from outbound lanes of traffic. The problem exists on the inbound lane. The lane
is narrow and the turning radius is tight. Numerous vehicles have "jumped" the north curb line.
Staff believes by increasing the northerly radius to 30 feet it would improve turning movements
into the site. The City's Fire Marshal has also indicated that fire trucks heading south on Market
Boulevard to access the site are unable to enter the site without swinging far out over the
northbound lane of Market Boulevard. The inbound access driveway from Market Boulevard
currently is constructed to 14 feet wide with a temporary bituminous curb on the north side. The
inbound lane of traffic was to be constructed to 14 feet wide; however, staff recommends that
the driveway access from Market Boulevard be increased to 16 feet wide face-to-face with
concrete curb and gutter (B612). This should provide adequate room for vehicles to ingress and
egress into the shopping center.
The southerly access driveway into the Wendy's site needs to be increased to 26 feet wide face-
to-face to facilitate turning movements into the site. The west curb line in the parking lot lying
north of the northerly access should be posted "no parking" as well as the east curb line on the
drive-up window lane to Wendy's.
Landscaping
Although the landscaping plan appears to be generally reasonable, we do have several revisions
to request. The first is that the plan shows the southern green space area having a depth of 6
feet. This is an insufficient depth for plants to grow. We recommend that the depth be increased
to 8 feet. In addition, five additional over-story trees should be incorporated in this area.
Secondly, we recommend the two trash enclosures be incorporated into one as shown in
Market Square II
February 16, 1994
Page 6 _
Attachment #1 and the area to the east of the enclosure be bermed as well as the proposed
hedges be incorporated.
The proposed staff layout will increase the green space area by adding a green space to separate
the two sites. The corner islands are increased in size and will be able to accommodate
additional over-story trees.
The city's West 78th Street project also includes groupings of tree plantings along West 78th
Street boulevard. The city's plans propose to plant five linden greenspire trees adjacent to the
sidewalk in front of the retail building. The applicant should incorporate these trees in the
landscaping plan and remove any of the proposed site landscaping from the city's right-of-way
or easement areas. It appears it may be necessary for the applicant to convey to the city a
permanent landscaping easement over the trail easement in order for the city to plant the trees
previously described in this section. Additional roadway easements may also be necessary in the
northeast corner of the site.
The landscape plan also indicates two pedestrian walkways onto West 78th Street and one onto
Market Boulevard. From a traffic safety standpoint, these pedestrian ramps should be eliminated.
There is an existing pedestrian ramp at the intersection of Market Boulevard and West 78th Street
that promotes the safe and orderly crossing of pedestrians. Staff welcomes the idea of a —
meandering sidewalk along the retail buildings but opposes the proposed pedestrian walkway
locations. Coordination between the city sidewalk construction and landscaping and these
proposed site improvements would be prudent to avoid unnecessary conflicts. —
Lighting
Lighting locations have not been shown on the plans. Only shielded fixtures are allowed and the
applicant shall demonstrate that there is no more than .5' candles of light at the property line.
Plans should be provided to staff for approval. Fixtures should match those being used elsewhere
in the shopping center.
Signage
The applicant has not submitted a signage plan. One monument identification sign is proposed
at the northeasterly corner of the site. This location is in conflict with the existing NSP
transformers and traffic control box, as well as being located with in the sight distance triangle.
The existing Market Square sign plan permits one monument sign only for the retail/office
building site with the following conditions:
a. The height of the monument sign shall not exceed fourteen feet.
b. The sign shall contain no more than 41 square feet of sign area per face.
Market Square II
February 16, 1994
Page 7
c. The sign shall be constructed to reflect the architectural style of the Market Square
shopping center. Staff recommends the sign design be identical to the existing Market
Square monument signs.
d. The owner of each monument sign shall be responsible for its construction, repair,
maintenance and/or replacement.
Only one wall mounted sign is shown on the northern elevation of Wendy's building. Wall
mounted signs must meet the following criteria as identified in the plan:
a. The letters and logos shall be restricted to 30 inches in height and must be lighted.
b All individual letters and logos comprising each sign shall have a minimum depth of five
inches and shall be constructed with a translucent facing over neon tube illumination.
c The signage shall be located on a maximum of two elevations of the buildings to be
constructed.
Grading/Drainage
The entire site is proposed to be graded to develop the building footprint and parking lots. Only
minor earthwork is anticipated since the site is essentially level. Catch basins and storm sewers
are proposed to convey surface runoff from the rooftops, lawn areas and parking lots. The runoff
will be conveyed into the city's downtown storm water pond located south of the railroad tracks
west of Market Boulevard (fountain pond). No additional ponding areas are required as a result
of this development. The proposed storm sewer system will be a private system and maintained
by the applicant. The installation of the storm sewer will require permits from the city's
Building Department.
utilities
Municipal sewer and water service is available to the site. These improvements were installed
as a part of the original Market Square development.
Erosion Control
Erosion control provisions were not applied to the site plan. Erosion control measures should
be in accordance to the City's Best Management Practice Handbook (BMPH). Type I silt fence
should be employed along the southerly perimeter of the site at the construction limits.
Temporary construction entrances should be required at each entrance point to minimize tracking
off site. Construction access points shall be limited to the existing parking lot and not from West
78th Street and Market Boulevard.
Market Square II —
February 16, 1994
Page 8
In conjunction with the storm sewer installation and prior to paving the parking lots, the storm
drainage inlets (catch basins) shall be protected with hay bales and/or silt fence to prevent
sediments from washing into the drainage system. —
Park and Trail Dedication
Full park and trail dedication fees shall be paid as part of this development.
COMPLIANCE TABLE WITH PUD ORDINANCE
As a PUD, most of the usual ordinance provisions pertaining to dimensional criteria are waived. _
Required Proposed Staff Plan
Original Plan _
Building Setback 25' 25' 25'
Parking Setback N-10', S-0 N-10', S-0 N-10', S-0
E-10', W-0 E-10', W-0 E-10',W-0
Hard Surface Coverage N/A not provided
Parking Stalls Combined 89 94 89 —
SUBDIVISION —
The subdivision proposal is a simple request that will serve to change the status of Outlot A to
Lot 1, Block 1, Market Square Second Addition. Staff did not realize this parcel had an outlot —
status until it was too late to publish the request in the newspaper as required by ordinance.
Consequently, the Planning Commission will review the subdivision request at their March 2,
1994, meeting. Staff has added a condition making the site plan approval contingent upon the —
replat approval. The following easements are either illustrated on the plat or should be required:
1. Standard drainage and utility easements around the perimeter of Lot 1. —
2. Cross access easements need to be provided over the north driveway.
Market Square II
February 16, 1994
Page 9
STAFF RECOMMENDATION
Staff recommends the Planning Commission adopt the following motion:
Site Plan Review
"The Planning Commission recommends approval of the Site Plan for Edina Realty and Wendy's
(#89-2 PUD) as shown on the site plan dated December 6, 1993, subject to the following
conditions:
1. The site plans, with the exception of the elevation plan sheet (Al), shall be redrawn at
an engineer's scale. The site plan shall be revised to show existing site topographic
features such as utilities, sidewalks and lot dimensions.
2. The northerly access to the shopping center from Market Boulevard should be widened
to 16 feet wide face-to-face. In addition, the northerly radius should be expanded to 30
feet to improve turning movements into the shopping center. The southerly driveway
access into the Wendy's site shall be increased to 26 feet wide face-to-face to facilitate
turning movements. "No parking" signs shall be placed along the west curb line of the
parking lot lying north of the northerly access to the retail site. In addition, "no parking"
signs shall be placed along the east curb line of the drive-up window lane to Wendy's.
3. The applicant shall work with the city in resolving final placement of the sidewalk along
West 78th Street along with the landscaping. Landscaping other than the city's boulevard
trees shall be prohibited within the city's right-of-way or trail easement area. The site
plan shall be revised to show replacing the sidewalk along Market Boulevard. Pedestrian
ramps onto city streets other than the existing one at West 78th Street and Market
Boulevard shall be deleted from the landscape plan.
4. The applicant shall enter into a development contract with the city and provide the
necessary financial security to guarantee compliance with the conditions of approval.
5. The applicant shall grant the city the necessary landscape and street easements along West
78th Street.
6. The applicant shall incorporate the City's Best Management Practice Handbook to control
site erosion. Type I silt fence shall be installed along the southerly perimeter at the
construction limits. Temporary rock construction entrances shall be required to minimize
off-site tracking. Construction access points shall be limited to the interior parking lot
and not on West 78th Street and Market Boulevard. After the storm sewer installation
and prior to paving the parking lot, the storm drainage inlets (catch basins) shall be
Market Square II
February 16, 1994
Page 10
protected with hay bales and/or silt fence to prevent sediment from washing into the
drainage system.
7. The applicant must obtain a sign permit prior to erecting any signage on site. A sign plan
has not been submitted. One monument identification sign is proposed at the
northeasterly corner of the site. This location is in conflict with the existing NSP
transformers and traffic control box, as well as being located with in the sight distance
triangle. The monument sign shall meet the following criteria:
a. The height of the monument sign shall not exceed fourteen feet.
b. The sign shall contain no more than 41 square feet of sign area per face.
c. The sign shall be constructed to reflect the architectural style of the Market Square
shopping center. Staff recommends the sign design be identical to the existing
Market Square monument signs. —
d. The owner of each monument sign shall be responsible for its construction, repair,
maintenance and/or replacement.
Only one wall mounted sign is shown on the northern elevation of Wendy's building.
Wall mounted signs must meet the following criteria as identified in the plan:
a. The letters and logos shall be restricted to 30 inches in height and must be lighted.
b. All individual letters and logos comprising each sign shall have a minimum depth
of five inches and shall be constructed with a translucent facing over neon tube
illumination.
c. The signage shall be located on a maximum of two elevations of the buildings to
be constructed.
8. The depth of the green space area along the southern edge of the site shall be increased
to 8 feet. Five additional overstory trees shall be added. A berm shall be incorporated
into the plan to screen the trash location from views as shown in attachment #1. The
applicant shall provide staff with a detailed cost estimate of landscaping to be used in
calculating the required financial guarantees. These guarantees must be posted prior to
building permit issuance.
9. Revise architectural plans as follows:
• The gabled roof section on the office/retail building shall be extended out to
resemble entry ways.
• The color of brick on the Wendy's building shall be of a tone that would blend
in with the shopping center.
• The south elevation of the Wendy's building shall incorporate metal trim and
resemble the north elevation.
Market Square H
February 16, 1994
Page 11
10. Approval of the site plan is contingent upon the replat approval from Outlot A to Lot 1,
Block 1, Market Square 2nd Addition.
11. The two trash enclosures shall be consolidated as shown in Attachment #1.
12. Stop signs shall be placed at the exit points of Wendy's and Edina Realty's parking lots.
13. Submit revised utility plans to reflect a fire hydrant location on the oval island directly
south of the retail office building.
14. The Fire Marshall will provide information regarding placement of "No Parking Fire
Lane" signage at the time of building permit application.
15. The office/retail building must be fire sprinklered pursuant to Chapter 38 MN Building
Code.
16. Submit radius turn dimensions to Fire Marshal and City Engineer for approval pursuant
to 1991 UFC Sec. 10-204(c).
Subdivision
"The Planning Commission recommends approval of the replat of Outlot A, Market Square to
Lot 1, Block 1, Market Square 2nd Addition as shown on the plat with the following conditions:
1. Park and trail dedication fees shall be paid at time of building permits are requested.
2. Provide the following easements:
a. Standard drainage and utility easements around the perimeter of the lot.
b. Cross access easements need to be provided over the northeasterly driveway "
ATTACHMENTS
1. Layout developed by staff.
2. Memo from Dave Hempel, Assistant City Engineer, dated February 3, 1994.
3. Project statement.
4. Staff report dated October 8, 1990.
5. Plans dated December 6, 1993.
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CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Sharmin Al-Jaff, Planner II
FROM: Dave Hempel, Assistant City Engineer /
DATE: February 3, 1994
SUBJ: Site Plan Review for Market Square II - Lot 4 and Outlot A, Market Square
File No. 94-3 Land Use Review
Upon review of the site plans prepared by AMCON dated September 21, 1993 I offer the
following comments and recommendations:
SITE PLAN - SHEET SD 1
The site plans were prepared in an architect's scale and not in an engineer's scale as required.
The site plans, with the exception of the elevation plan sheet (Al) should be redrawn in an
engineer's scale, i.e. 1" = 50'.
The development is proposed over Lot 4, Block 1 and Outlot A, Market Square. According to
City ordinance, the outlot will have to be replatted into a lot and block subdivision prior to
becoming a buildable lot.
The site plans do not show existing site topographic features such as utilities, sidewalks and lot
dimensions. NSP has three large transformers and the City has a traffic controller on the
northeast corner of Lot 4. All of these structures are in the general vicinity where the applicant
is proposing sidewalks, landscaping and a project sign. These potential conflicts should be
further identified and shown on the site plans to avoid conflicts in the field.
Last year the City's West 78th Street Improvement Project added a right turn lane in front of the
proposed retail/office center. This will reduce the available green space between the curb and
building. The plans should be revised to accurately show the existing turn lane along West 78th
Street.
Sharmin Al-Jaff
February 3, 1994
Page 2
Since Market Square has been completed traffic circulation throughout the center has had its
problems. One such area is turning into the shopping center from Market Boulevard at the most
northerly access point. The driveway access is designed with three lanes of traffic; two lanes
outbound onto Market Boulevard and one lane inbound. A center median also exists dividing
the inbound from outbound lanes of traffic. The problem exists on the inbound lane. The lane
is narrow and the turning radius is tight. Numerous vehicles have "jumped" the north curb line.
Staff believes by increasing the northerly radius to 30 feet it would improve turning movements
into the site. The City's Fire Marshal has also indicated that fire trucks heading south on Market
Boulevard to access the site are unable to enter the site without swinging far out over the
northbound lane of Market Boulevard. The inbound access driveway from Market Boulevard
currently is constructed to 14 feet wide with a temporary bituminous curb on the north side. The
inbound lane of traffic was to be constructed to 14 feet wide; however, staff recommends that
the driveway access from Market Boulevard be increased to 16 feet wide face-to-face with —
concrete curb and gutter (B612). This should provide adequate room for vehicles to ingress and
egress into the shopping center.
The southerly access driveway into the Wendy's site needs to be increased to 26 feet wide face-
to-face to facilitate turning movements into the site. The west curb line in the parking lot lying
north of the northerly access should be posted "no parking" as well as the east curb line on the -
drive-up window lane to Wendy's.
In conjunction with the City's West 78th Street Improvement Project, the existing 8-foot wide
bituminous trail will be replaced with a 6-foot wide concrete sidewalk. The site plans propose
an interior sidewalk connecting the site to the City's sidewalk along West 78th Street and Market
Boulevard. The landscape plan, however, indicated a meandering 6-foot wide sidewalk around
numerous landscape areas in the front of the retail building. The discrepancy between sidewalk
design should be resolved to avoid conflict in the future. The grading plan also proposes
regrading this entire area including along Market Boulevard which necessitates removing the
existing concrete sidewalk. It may have been inadvertently overlooked, but there are no
provisions for replacing the sidewalk along Market Boulevard. The plans should be modified to
provide for replacing the sidewalk along Market Boulevard.
Since there are some public improvements involved (sidewalk, boulevard restoration, etc.), the
applicant should enter into a development contract with the City and provide a financial security
to guarantee replacement of the sidewalks and restoration of all City boulevards. All of the
sidewalks located within the City's right-of-way or trail easements that are not constructed as a
part of the West 78th Street project shall be constructed in accordance with the City's design
standards.
The landscape plan also indicates two pedestrian ramps onto West 78th Street and one onto
Market Boulevard. From a traffic safety standpoint, these pedestrian ramps should be eliminated.
Sharmin Al-Jaff
February 3, 1994
Page 3
There is an existing pedestrian ramp at the intersection of Market Boulevard and West 78th Street
that promotes the safe and orderly crossing of pedestrians. Staff welcomes the idea of a
meandering sidewalk along the retail buildings but opposes the proposed pedestrian ramp
locations. Coordination between the City sidewalk construction and landscaping and these
proposed site improvements would be prudent to avoid unnecessary conflicts.
The City's West 78th Street project also includes groupings of tree plantings along West 78th
Street's boulevard. The City's plans propose to plant five Linden Greenspire trees adjacent to the
sidewalk in front of the retail building. The applicant should incorporate these trees in the
landscaping plan and remove any of the proposed site landscaping from the City's right-of-way
or easement areas. It appears it may be necessary for the applicant to convey to the City a
permanent landscaping easement over the trail easement in order for the City to plant the trees
previously described in this section. Additional roadway easements may also be necessary in the
northeast corner of the site.
GRADING AND DRAINAGE
The entire site is proposed to be graded to develop the building footprint and parking lots. Only
minor earthwork is anticipated since the site is essentially level. Catch basins and storm sewers
are proposed to convey surface runoff from the rooftops, lawn areas and parking lots. The runoff
will be conveyed into the City's downtown storm water pond located south of the railroad tracks
west of Market Boulevard (fountain pond). No additional ponding areas are required as a result
of this development. The proposed storm sewer system will be a private system and maintained
by the applicant. The installation of the storm sewer will require permits from the City's
Building Department.
EROSION CONTROL
Erosion control provisions were not applied to the site plan. Erosion control measures should
be in accordance to the City's Best Management Practice Handbook (BMPH). Type I silt fence
should be employed along the southerly perimeter of the site at the construction limits.
Temporary construction entrances should be required at each entrance point to minimize tracking
off site. Construction access points shall be limited to the existing parking lot and not from West
78th Street and Market Boulevard.
In conjunction with the storm sewer installation and prior to paving the parking lots, the storm
drainage inlets (catch basins) shall be protected with hay bales and/or silt fence to prevent
sediments from washing into the drainage system.
Sharmin Al-Jaff
February 3, 1994
Page 4
UTILITIES
Municipal sewer and water service is available to the site. These improvements were installed
as a part of the original Market Square development.
RECOMMENDED CONDITIONS OF APPROVAL
1. The site plans, with the exception of the elevation plan sheet (Al), shall be redrawn at
an engineer's scale.
2. The site plan shall be revised to show existing site topographic features such as utilities,
sidewalks and lot dimensions.
3. The northerly access to the shopping center from Market Boulevard should be widened
to 16 feet wide face-to-face. In addition, the northerly radius should be expanded to 30
feet to improve turning movements into the shopping center. —
4. The southerly driveway access into the Wendy's site shall be increased to 26 feet wide
face-to-face to facilitate turning movements.
5. "No parking" signs shall be placed along the west curb line of the parking lot lying north
of the northerly access to the retail site. In addition, "no parking" signs shall be placed
along the east curb line of the drive-up window lane to Wendy's.
6. The applicant shall work with the City in resolving final placement of the sidewalk along
West 78th Street along with the landscaping. Landscaping other than the City's boulevard
trees shall be prohibited within the City's right-of-way or trail easement area.
7. The applicant shall enter into a development contract with the City and provide the
necessary financial security to guarantee compliance with the conditions of approval.
8. The site plan shall be revised to show replacing the sidewalk along Market Boulevard.
Pedestrian ramps onto City streets other than the existing one at West 78th Street and
Market Boulevard shall be deleted from the landscape plan.
9. The applicant shall grant the City the necessary landscape and street easements along
West 78th Street.
10. The applicant shall incorporate the City's Best Management Practice Handbook to control
site erosion. Type I silt fence shall be installed along the southerly perimeter at the
construction limits. Temporary rock construction entrances shall be required to minimize
Sharmin Al-Jaff
February 3, 1994
Page 5
off-site tracking. Construction access points shall be limited to the interior parking lot
and not on West 78th Street and Market Boulevard. After the storm sewer installation
and prior to paving the parking lot, the storm drainage inlets (catch basins) shall be
protected with hay bales and/or silt fence to prevent sediment from washing into the
drainage system.
ktm
c: Charles Folch, City Engineer
g 1eng\dave rnarketii.spr
LOTUS
REAI,I'Y SERVICES
MARKET SQUARE II
PROJECT DESCRIPTION —
The proposed project consists of an office/retail facility
and a Wendy ' s restaurant located on the Market Square site
at the southwest quadrant of the intersection of Market —
Boulevard and W. 78th Street .
The land area consists of two parcels . However, a single —
site plan is being submitted.
The northern parcel will be owned and managed by Market
Square Associates Limited Partnership, the developers of
Market Square. The building to be constructed will be 9660
square foot single story designed for both office and retail
use. Edina Realty is expected to be occupying approximately —
7000 square feet.
The southern parcel will be owned by Wendy ' s International —
and a Wendy ' s restaurant will be constructed on its site.
Lotus Realty is acting as the developer and has coordinated
the preparation of the site and landscaping plans submitted.
Both plans have been reviewed by the Planning and
Engineering Departments and were used as a case study by the
Tree Board in connection with its deliberations concerning
the application of proposed changes in the landscaping
ordinance .
Based on prior review, we believe the landscaping complies
with the new landscaping ordinance; the sizes of the islands
and choice of landscaping materials required by the new
ordinance, as well as screening of trash enclosures and HVAC —
equipment have been addressed. The recommended relationship
between the impervious and landscaped areas have been met as
well . —
The Site Plan indicates two buildings each within the
required set backs and with parking for 94 cars , at least 2
more than the required number for retail and restaurant
uses. Entrances to the site have been aligned with the
entrances to the Market Square Shopping Center Site .
The construction design and materials for the improvements
are dictated by the terms of the PUD Agreement of record for
the Market Square Development of which these parcels are a
part . The PUD Agreement specifies that "any buildings on
Lots . . .4 and Outlot A shall be designed with proper
building materials so as to be architecturally compatible
with the shopping center. "
545 WEST 78TH STREET ■ PO.BOX 235■ CHANHASSEN,MINNESOTA 55317 ■ (612)934-4538 ■ FAX(612)934-1505
Amcon Corporation is designing and will construct the
office/retail building . Their elevation plans submitted for
the proposed office/retail building show a hip roof with six
gabled dormers . Design elements in the gabled ends
coordinate with those of the adjacent Market Square Shopping
Center . Windows have been provided on all four elevations;
however neither pedestrian nor delivery entrances are
anticipated on the West 78th Street side . Construction
materials will be grey painted lap siding on the gables and
upper walls with grey rock face block base below the
windows , all to duplicate materials used in the Shopping
Center . Asphalt shingles on the roof will be dark green to
coordinate with the accent colors at the Shopping Center as
well .
Wendy ' s has modified its signature building to comply with
the requirements of the Market Square PUD. They have
changed their color scheme from beige to grey but have
retained their traditional use of brick and their
prototypical use of columns . The columns are consistent
with the column elements of Market Square and for additional
consistency , design elements of grey split face concrete
block have been added . Grey metal awnings over the windows
also serve as building sign bands . The HVAC will be
screened by a combination of parapet walls and green metal
roof . The roof is a two-level hipped design with gabled
ends at the north and south elevations , similar in material
_. and appearance to the pitched roof design elements at Market
Square .
The site is allowed one monument sign pursuant to the PUD
agreement . It will be the same design as the two existing
Market Square signs and will be located at the Market
Blvd/W. 78th Street corner of the site. Building signage
will also comply with the covenants of record .
Thus , the design and selected construction materials comply
with the requirements of the PUD Agreement . We also believe
that the design of the site , the landscaping and the
buildings to be constructed will not only complement and
enhance the design of the existing shopping center but will
also complement the overall look which Chanhassen has worked
to achieve . The pitched roof on the office retail building
will coordinate with existing Chanhassen architecture and
will accent the pitched elements of Market Square without
overwhelming it whereas the more subdued pitch at the
Wendy ' s building will provide balance at the corner and echo
the more subdued elements of shopping center .
The traffic generated by Wendy ' s and the additional retail is
an important element in the success of the existing Market
Square Shopping Center . In addition we believe this project
is an important addition to the retail mix and density
identified as an important feature by the participants in
Vision 2002 .
-2-
It is important that the approval process be completed as —
expeditiously as possible to allow time for completion of
construction cost estimates and financing for the office
retail building in time to complete the grading and site _
improvements prior to Wendy ' s early spring construction
start schedule.
-3- —
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;TY OF
Pu DATE:
N /. C U A 1 11A CC DATE: 10/8/90
, Y
�1. CASE #: 89-2 PUD
By: f�
STAFF REPORT
PROPOSAL: Amended Site Plan for PUD Development Stage Approval
for Commercial Planned Unit Development, Market Square
I
Z
Q LOCATION: Southwest Corner of Market Boulevard and West 78th Street
U
J
c L APPLICANT: Market Square Partnership
5775 Wayzata Blvd. , Suite 820
QSt. Louis Park, MN 55426
0
PRESENT ZONING: PUD
ACREAGE: 12 . 1 acres Date Submine to
DENSITY: D-I S _T":•2 t '
ADJACENT ZONING AND
QLAND USE: N .- IO and CBD; Chan Bank, Realtor/Dr.Office
I-d S - BG; vacant
E - CBD; Filly' s and Country Suites Hotel
W - BG; Chaska Tool/Vernco
W WATER AND SEWER: Available to the site
vi PHYSICAL CHARACTER. : Currently, a level parcel
2000 LAND USE PLAN: Commercial
Market Square
Site Plan Amendment
October 8 , 1990
Page 2
PROPOSAL/SUMMARY
On October 23 , 1989, the City Council approved the Development
Stage Plans for PUD #89-2 for Market Square subject to the
conditions described in the attached report. Since that time, as
the Council is aware, development has not yet been initiated and
the project has gone through an evolutionary process which is
concluding with the amended site plan being reviewed in this
report. The site plan amendments is focused on the change from a
20, 000 square foot Super Value with an 8, 000 square foot expansion
to the present plan which proposes a 35,000 square foot Festival
Foods Market offering an additional 10, 000 square foot building
addition. In the process of making these modifications, the
ultimate size of the main shopping center building has increased
from 91, 134 square feet to 97, 954 square feet. Some of the
original retail space offered for general tenants has been replaced
by the expanded market. The primary purpose for requesting an
amended site plan approval at this time is so that the developers
can concluded their final leasing arrangements with Festival Foods,
lock in their financing package and initiate construction within a
time frame acceptable to the City.
Most of the changes to the site plan are relatively minor and for
the most part involve the area located in the vicinity of the
supermarket site. The general site plan layout, parking lot
design, and access provisions have not been changed in any
significant way by the proposed amendment. In a similar manner,
site grading, drainage and utilities remain unchanged. The parking
lot design has been revised to increase the number of parking
stalls commensurate with the increase in the size of the shopping
center. This was achieved by using 9 foot wide parking stalls
instead of the 10 foot wide parking stalls on the original plan.
Since this plan was originally approved, the City parking ordinance
has been changed to allow parking stall width down to 811 feet, thus
the revised parking plan exceeds City standards. All original
setbacks offered by the original plan are maintained by the current
proposal . In summary, it is our belief that the revised plan
results in no major new issues for consideration by the City
Council . If the revisions were more substantial, we would
recommend that this item be referred back to the Planning
Commission for reconsideration, however, we do not believe this is
the case.
There are, however, several minor issues that we believe should be
addressed in new conditions appended to the original conditions of
approval . These include the following:
1. A revised landscaping plan should be submitted illustrating
landscaping of the building addition area for Festival Foods.
Market Square
Site Plan Amendment
October 8 , 1990
Page 3
At a minimum, this area should be sodded or seeded and
provided with sufficient trees to make this an attractive
setting until it is built upon.
2 . A raised concrete display platform has been incorporated in
front of the Lawn and Sports Center. Staff objects to the
proposal to allow exterior display of merchandise for sale in
front of the shopping center believing that if such is
allowed, it would be very difficult to control it and limit it
to this site. In addition, outdoor display of merchandise is
not permitted throughout the community in spite of two
existing examples that currently exist along West 78th Street.
With the opening of Market Square, the two businesses which
currently have exterior storage of materials for sale will be
moving into the shopping center and it is hoped that this
problem could be eliminated. Therefore, staff is recommending
that the raised concrete display platforms be removed.
3 . Revised building elevations should be submitted for staff
approval . A good deal of time and effort was expended by both
the Planning Commission and City Council to ensure that this
shopping center is an attractive addition to the Chanhassen
CBD. We believe that the approved architecture was of very
high quality and that this should not be lost through the
redesign process. The applicant has assured staff that it is
their intent that the Festival Foods be designed to
accommodate the architectural theme that was adopted for the
balance of the center and similar to one which was used for
the previously proposed Super Value Store. However, they note
that the final design has not been drafted and that the
elevations will need to be revised due to the different
building footprint and store entrance locations being proposed
for the gateway store. If staff is given the opportunity to
review these plans, we would do one of the following:
a. If the plans are believed to be consistent with the
architectural themes approved with the original site
plan, we would authorize it's construction.
b. If, however, there is a substantial question as to
whether or not the architectural goals have been
achieved, we would return the building elevations to the
Planning Commission and City Council for review.
STAFF RECOMMENDATION
Based upon the foregoing, staff is recommending approval of the
amended final development stage site plan for Market Square subject
to the following conditions:
Market Square
Site Plan Amendment
October 8, 1990
Page 4
1. Submit a revised landscaping plan illustrating plant material
in the future expansion area of the Festival Foods Store and
of the revised parking lot island configuration.
2 . Submit final building. elevations to staff for administrative
approval or, if determined by staff to be inconsistent with
the original plan, to be returned to the Planning Commission
and City Council for review.
3 . Eliminate the outdoor display area from in front of the Lawn
and Sports Center. All outdoor display of merchandise in the
shopping center is prohibited. Merchandise contained in
screened outdoor storage areas is exempt from this
requirement.
4 . Enter into a PUD contract with the City that will contain all
of the conditions of approval and which will be recorded
against all lots platted in the project. The PUD agreement
should provide for a landscape bond as outlined in the staff
report.
5. The final plat shall reflect a 20 foot utility easement for
the proposed City water line over the southerly portion of the
site.
6. The applicant shall enter into a development contract and
provide the necessary security.
7 . The applicant shall enter into a PUD contract with the City.
8 . Enter into a development contract with the City that required
financial sureties with construction plans to be approved by
the City Engineer and City Council for all public
improvements.
9. Revise architectural plans as needs to:
- confirm that the Vet Clinic will have windows on the
north and west elevations;
- trash enclosures are to be constructed from rock faced
block compatible with the main building;
- relocated the trash enclosure serving the dry cleaner to
the west side of the building or incorporate it into the
structure;
outdoor storage areas are to be enclosed by a rock faced
block wall ;
Market Square
Site Plan Amendment
October 8 , 1990
Page 5
- the trash compactor is to be provided with a rock faced
block screen wall and relocated to the north to provide
a 24 foot wide drive aisle; and
- the addition of any drive-up windows will require site
plan approval wherein it will be the applicant ' s
responsibility to demonstrate that internal circulation
patterns and parking provisions will not be impacted.
10. Outlot A is required to have buildings designed to utilize
architecture compatible with the shopping center. No
additional access will be provided to serve Outlot A. Only
one additional monument sign is to be allowed with the outlot
is developed. The site must be identical to monument signage
allowed elsewhere on the PUD. Until development occurs, the
owner shall establish ground cover over the site and keep -it
in a maintained condition. Parking requirements for the
outlot should be satisfied on it.
11. Modify and/or regulate access parking as follows:
- provide a triangular traffic island in the West 78th
Street curb cut;
- delete the sidewalk south of the crosswalk that connects
to the sidewalk in front of the supermarket. A
pedestrian crosswalk shall be installed on Market
Boulevard at a location determined by the City Engineer.
The crosswalk shall be painted and signed in accordance
_ with the requirements of Minnesota Manual on Traffic
Controls.
- eliminate the nine (9) northern stalls located on the
east side of the supermarket expansion and modify the Vet
Clinic parking area to provide a turning space at the end
of the aisle;
- all leases for the main building should require that
employee parking be located at the rear of the center;
- any restaurants proposed in the center are subject to a
site plan review procedure. It will be the applicant's
responsibility to demonstrate parking adequacy if it is
to be approved. The restaurant spaces illustrated in the
two northern tenant spaces in the main building are
exempt from this requirement; and
all parking lot curbing shall be B-6/12 concrete.
Market Square
Site Plan Amendment
October 8 , 1990
Page 6
12 . The landscaping plan should be modified as follows:
- increase the size of conifers along the south property
line from 6 ' to 10-12 ' ; -
- remove the snow storage area along Market Boulevard and
landscape the space; and
- cooperate with City staff in providing a relocation plan
for the existing landscaping along Market Boulevard and
West 78th Street.
13 . Provide final grading and drainage plans for approval. The
plans should incorporate the following:
- storm sewers shall be sized for a ten (10) year storm.
Revised drainage calculations shall be submitted to the
City Engineer for approval;
- the 72" storm sewer is to be installed by the developer;
installation of the line should be covered by the
development contract. The City can reasonably allow
building permits to be issued with the understanding that
the 72" storm sewer, together with other public roadway
and utility improvements, will be installed
simultaneously with the construction of the buildings;
- the existing catch basin adjacent to Manhole #21 in
Market Boulevard should be relocated into the new curb
radius;
- project approval by the Watershed District is required
prior to building permit issuance; and
- an erosion control plan acceptable to the City should be
submitted prior to requesting building permits.
14 . Provide final roadway and utility plans for approval The
existing 10" PVC sanitary sewer shall be placed in an
oversized ductile iron casing acceptable to the City.
Existing watermains to be abandoned shall be removed. The
applicant will submit detailed construction plans and
specifications for approval by the City Engineer and provide
as-built mylar plans upon completion of the construction.
15. Provide written and graphic sign covenants consistent with the
description in the October 23 , 1989, staff report. The
covenants will be filed with the Planned Unit Development
Market Square
Site Plan Amendment
October 8, 1990
Page 7
Agreement.
16 . Review (OR REVISE??) the site lighting plan to use the
ornamental fixtures east of the supermarket and between the
two Market Boulevard curb cuts.
17 . All conditions must be completed as a part of the general
construction of the project and shall not be left to tenants,
i.e. rear outdoor storage areas, etc.
18. The bus shelter and concrete curb located on Market Boulevard
should be changed/moved to another location in order to
accommodate future traffic on Market Boulevard. The
developer, at it's expense, shall acquire and convey to the
City a perpetual easement for a bus shelter along Market
Boulevard. The location of the bus shelter shall be
determined by the staff of the Southwest Metro Transit
Commission.
19 . The developer shall construct and dedicate trails/sidewalks
along West 78th Street and Market Boulevard in accordance with
plans and specifications approved by the City Engineer. The
trails/sidewalks shall be constructed when street improvements
are constructed. "
ATTACHMENTS
1. City Council minutes dated October 23 , 1989 .
2 . Original staff report for Market Square.
3 . Amended site plan.
to
CITY OF
GCHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
-
TO: Don Ashworth, City Manager Erkr :.✓__ -
r,.
FROM: Paul Krauss , Director of Planning : taJ!4la _ _
Dere Set- '.- .
DATE: October 18 , 1989
SUBJ : Rezoning to PUD #89-2 Development Stage Approval , Det` S-
Preliminary Plat for Market Square /4 /' '
PROPOSAL/SUMMARY
The applicants are requesting approval to construct a 94 , 158
square foot shopping center at the intersection of West 78th
Street and Market Boulevard. The Center would be anchored by a
Super Value supermarket . The PUD contains a two acre outlot that
would ultimately contain additional development that is planned
in a manner consistent with the balance of the PUD.
The City Council last reviewed this item on September 11 , 1989
when it was submitted for concept review. The Planning
Commission reviewed plans for the PUD Development Stage on
September 20 , 1989 . Staff supported the proposal and had recom-
mended approval subject to a number of conditions and modifica-
tions . The Planning Commisssion discussed the plan extensively
and ultimately recommended approval with several revised con-
ditions . Since that time the plans were extensively revised to
respond to the issues that were raised. Many of the revisions
were minor plan details but the most significant changes were to
architectural design, building placement and access along West
78th Street . The Planning Commisssion had raised concerns
regarding the projects lack of consistency with the balance of
the CBD with regard to building placement and questioned the lack
of compatible architectural design on the northern end of the
site. The project was focused internally rather then having an
orientation along West 78th Street. At the same time staff
wanted to restrict Outlet A to use of existing curb cuts to pro-
vide adequate levels of traffic safety on surrounding streets .
The revised plan addresses and responds to these concerns by
relocating the Vet Clinic to the northwest corner of the site and
creating a new free standing building to house a dry cleaner.
Both buildings have frontage along West 78th and will help to
provide consistency with other development along the street. The
Rezoning for Market Square
October 18 , 1989
Page 2
West 78th Street curb cut is adjacent to Outlot A and provides
improved access and internal circulation . As a result of these
changes the size of the center has decreased slightly to 94 ,158
square feet but the size of the supermarket has been increased to
20 , 000 square feet with an 8 , 000 square foot expansion area.
Staff is satisfied that the current plan is well designed and is
acceptable subject to appropriate conditions detailed in the
balance of the report.
The project is being reviewed as a PUD which offers the developer
a relaxation of normal development standards in exchange for a
higher quality plan. Staff supports the use of the PUD noting
that normal ordinance requirements are aften inadequate in
dealing with large, multi-tenant projects such as this. We note
that the plan takes advantage of the relaxation of normal
district standards in several areas including hard surface
coverage , parking and setbacks. The current plan offers much in
exchange including higher quality architectural design,
landscaping and signage. It also provides for consistent and
well planned development of two free-standing buildings and
ultimately of Outlot A. The PUD plan also offers the City addi-
tional control over the site since it is applied as a zoning
district and any significant change requires that the City
Council approve a rezoning.
Based upon the foregoing Staff is recommending that the PUD be
given Development Stage Approval subject to appropriate
conditions .
The Preliminary Plat is in the process of being revised to
account for the final site plan. Consequently, staff is recom-
mending that the City Council table acting on the plat until it
can be reviewed at an upcoming meeting.
APPLICABLE REGULATIONS
Section 20-518 defines the development stage of a PUD. Following
general concept approval of a PUD the applicant shall submit the
development stage application , preliminary plat and fee. The
development stage shall include but be limited to preliminary
plat, site plan information including location, type and size of
all graphics and signage and any additional information requested
by staff, Planning Commission of City Council .
BACKGROUND
On August 2 , 1989 , the Planning Commission reviewed the PUD con-
cept plan for the Market Square commercial shopping center
( Attachment #1 ) . The Planning Commission agreed that the site
should be developed as a PUD and that the concept plans were
Rezoning for Market Square
October 18 , 1989
Page 3
moving in the right direction but that more amenities needed to
be provided to the site such as additional architectural design ,
landscaping , etc .
The City Council reviewed the concept plan on August 28 , 1989
(Attachment #2 ) . The City Council also agreed that the PUD was
the proper way to review the site. Since the August 28 , 1989 ,
Council meeting, the applicant presented a revised set of plans
for staff review to proceed with the development stage (plans
dated August 17 , 1989 ) . Staff had several concerns with the
revised plans and met with the applicant to review the issues
(Attachment #3 ) . The applicant has submitted another revised set
of plans dated September 11 , 1989 . Although there are still some
issues unresolved, the plans are complete enough to proceed with
the development stage.
The Planning Commission reviewed the PUD for Development Stage
approval on October 9 , 1989 (minutes attached) . Staff had recom-
mended approval subject to 26 conditions . The Commission indi-
cated some initial concern over the number of stipulations.
Staff stated that the number of stipulations did not reflect fun-
damental problems with the proposal but were rather indicative of
its complexity and handling as a PUD.
The most significant conditions included:
- limitations on additional access to Outlot A.
- rejection of a drive-up window at the north end of
the building due to traffic safety conflicts .
- clarification that the developer is responsible for
the cost of installation of a 72 inch storm sewer over the
south edge of the site and improved screening and _
landscaping around the rear of the building.
The Commission discussed the proposal in great detail . They
generally agreed at staff' s recommendations but added several
modifications and new conditions including:
1 . The design and materials used on any structures on Outlot A
will be compatible with the shopping center building and the
veterinary clinic.
2 . The development contract will require financial sureties and
construction plans to be approved by the City Engineer and
City Council for all public improvements .
3 . The developer shall provide the additional width for the
entrance lanes off of Market Boulevard as required by staff .
Rezoning for Market Square
October 18 , 1989
Page 4
4 . Outlot A, until it is developed, should be planted in some
kind of a ground cover and maintained so that it has a good
appearance.
5 . Revised architectural plans shall be submitted to reflect
the design that was shown at the Planning Commission meeting
tonight should be submitted to the City.
6 . No regular display or sale of merchandise outside will be
permitted.
7 . The retail store on the northwest end of the center shall be
architecturally designed to have three fronts .
The Planning Commission also proposed allowing an additional
monument sign for Outlot A, and asked the Engineering Department
to assess exactly when the 72 foot storm sewer must be installed
and to equip the outlot with a skimmer device . In addition ,
while they understood staff' s concerns regarding the proposed
drive-up window they were willing to allow the developer to make
his case through a formal site plan submittal .
GENERAL SITE PLAN/ARCHITECTURE
The site plan and architectural design have undergone extensive
changes as a result of reviews by staff and the Planning
Commission. Size of the center and accessory buildings has been
decreased slightly, from 99 , 416 square feet to 94 , 158 square feet
including future expansions of the super market ( 8 , 000 square
feet) and drug store ( 2 , 500 square feet) . At the same time the
initial size of the super market has grown from 16 , 000 to 20 , 000
square feet.
The most significant revision of the site plan occurs at the
norther exposure along West 78th Street. The Planning Commission
had raised concerns regarding views of the site from West 78th.
The concern was that the site plan turned away from the street
for an inward focus that did not fit well into the balance of the
CBD ' s streetscape . The lack of architectural detailing on the
north elevation was also questioned. At the same time, staff
raised significant concerns with the future access to Outlot A.
_ We believed that the outlot should be accessed internally and
that additional access points on West 78th or Market would be
hazardous .
To respond to these concerns the Vet Clinic has been relocated to
the northwest corner of the site. In addition to the size of the
main building was reduced and a second free standing structure
has been proposed along West 78th. This will be occupied by a
dry cleaner and contain a covered, drive-up/drop-off area. The
Rezoning for Market Square
October 18 , 1989
Page 5
two buildings would become a part of the CBD ' s streetscape since
their visual orientation is toward the street even through the
are accessed internally. Sidewalks are incorporated to invite
pedestrians to enter from West 78th.
The north end of the main shopping center building will become a
three sided space with windows facing north, east and west. It
is designed to be occupied by a restaurant or frozen yogurt
stand. This avoids the visually "dead" elevations of the origi-
nal plan. Staff raised concerns with a drive-up window that was
illustrated on the original plan. It is not now shown although
the applicants have indicated their desire to keep open the
option to have one. Staff cannot support the request since we do
not believe it can be accommodated safely. Turning movements and
stacking areas related to the window would cause a traffic hazard
and contribute to confused access and parking provisions. The
Planning Commission recommended that any drive through be subject
to the site plan approval. Staff is not opposed to this although
we doubt that we would ever be able to recommend its approval.
The West 78th Street entrance has been realigned slightly to the
east . It now offers improved access into Outlot A and actually •
provides for a cleaner traffic flow through the site.
We believe that the proposed revisions have accommodated staff ' s
concerns in this area . A draft of the revised concept was also
informally shown to the Planning Commission and they were recep-
tive to the concept.
Architectural plans have benefitted from continued refinement.
Detailing has been revised since the City Council last reviewed
teh plan with additional improvements incorporated since the
Planning Commission hearing. The main building now incorporates
highly detailed gable sections over major entrances . These
gables are used to provide detailing to break up the roof line
and to conceal HVAC equipment. The balance of the HVAC equipment
is buried behind a 3 foot high parapet. Smaller and less
detailed gable sections are found on the rear of the building to
help improve off-site views . Staff had hoped that the gables
could be connected to avoid creating false fronts similar to a
movie set. However, the architect does not believe this is
feasible. Instead, the front gables will be 24 ' deep while the
rear will be 12 ' deep. New elevations have been prepared for the
building . After reviewing them we are satisfied that the
building offers a high degree of architectural design. These
are large enough to be architecturally significant but the large
gap between the gables will be visible from some elevations
( refer to attached illustrations ) . Exterior materials include
rock faced block base with single score block walls . Wood siding
will be used above the smaller tenant spaces with stucco used on
the gable sections. The rear of the building will utilize rock —
faced block and single score block with additional rock faced
detailed.
Rezoning for Market Square
October 18 , 1989
Page 6
The Vet Clinic remains architecturally identical to the original
proposal with a rock faced block base and brick walls . Details
are not provided on the northern and western elevations . We want
to confirm that they will be built of similar materials . We also
believe it is important to have windows along West 78th Street
and along Monterey Drive since blank walls are not consistent
with the CBD ' s streetscape.
The new free standing cleaners building is an attractive struc-
ture that utilizes a rock faced block base with wood siding walls
and a standing seam metal roof. Architectural detailing promotes
a visual identification with the main shopping center building.
No details are provided for buildings on Outlot A at this time
although it is a part of the PUD. Staff expects to use the PUD
designation to insure that when a building is proposed, it is
architecturally compatible with the shopping center . An
appropriate stipulation is provided.
Staff had requested additional trash enclosures to facilitate
ease of usage. The plan has been revised accordingly. In our
experience wood trash enclosures are often difficult to maintain
and rapidly require repair. We are recommending that they be
made out of rock faced block to be similar to the main buildings
on the site . In additional the trash enclosure that serves the
cleanersis inappropriately located in a highly visible area near
the West 78th Street entrance. It should be relocated to the
west side of the building or preferrably be contained within the
structure .
As requested by staff , the outdoor storage areas located at the
rear of the main building are to be built of rock faced block.
We are also requesting that the trash compactor for the super
market be provided with a rock faced block screen wall of suf-
ficient size to eliminate all views of the compactor . In addi-
tion the entire compactor and screen wall should be shifted to
the north to provide the required 24 foot wide drive and to allow
for two way traffic.
ACCESS/PARKING/INTERNAL CIRCULATION
As we noted earlier access provisions have been revised from the
original City Council presentation with the most significant
revisions occurring with the relocation of the West 78th Street
curb cut. A deceleration lane and right turn lane from West 78th
Street to Market Boulevard that were requested by staff have also
been incorporated. Staff has also requested that a triangular
traffic island be installed in the curb cut so that traffic
exiting the site is oriented in the correct easterly direction.
The north entrance from Market Boulevard has a single lane in
with two exiting . We believelthat this will probably work in the
Rezoning for Market Square
October 18 , 1989
Page 7
short run but when Outlot A is developed a second entrance lane
will probably be required. Access to Outlot A has been the sub-
ject of a good deal of discussion. Staff believes that addi-
tional access points would represent a traffic hazard on adjacent
streets and should be prohibited. With the realignment of the
West 78th Street curb cut, Outlot A has direct frontage on the
two main site entrances and can be served very adequately from
internal drives . A stipulation prohibiting additional access
points has been provided.
Pedestrian circulation has been revised in accordance with
staff ' s recommendations with sidewalks extended around the entire
West 78th Street and Market Bouldevard frontages and with connec-
tions to internal walkways . The Engineering Department has re-
evaluated the Market Boulevard sidewalk issues and now believes
that the sidewalk should terminate at the crosswalk over the
parking lot that connects into the sidewalk in front of the super
market. A painted and signed pedestrian crosswalk should be
installed. The goal is to bring the sidewalk over to the east
side of the street to require only one pedestrian crossing of the
railroad tracks . The development contract should clearly state
that construction of the sidewalks and crosswalk is the developer ' s
responsibility. In the long term, the Engineering Department
believes that a pedestrian activated flashing signal may be
required to maintain safety.
Internal circulation has been improved. The south drive aisle at
the rear of the building has been widened and adequate truck
turning areas are now illustrated. The realignment of West 78th
curb cut improves internal circulation by straightening a main
drive aisle. Circulation patterns at the north end of the site
are a little confusing due to merging traffic. Staff has worked
with the applicant to redesign parking lot islands to better
direct flow and to incorporate stop signs as needed . Each site
exit is also requipped with a stop sign .
Due largely to the redesign of the northern end of the site ,
there are now fewer parking stalls being proposed then would nor-
mally be required by typical ordinance standards . The code nor-
mally requires one stall for every 200 square feet of gross floor
area in a shopping ecenter resulting in a need for 471 stalls
when both expansion areas are included. The present plan will
ultimately provide only 454 stalls.
The PUD ordinance allows the city to create standards suitable
for the individual project, thus no variance is required. The
real issue is not one of code compliance but rather of satisfying
actual demand . Staff has done extensive research into shopping
center parking demands and found that a ratio of 4 . 5 stalls per
1000 square feet of gross floor area is adequate to accommodate
centers of this size. Under this guideline, a requirement for
424 stalls results which is in keeping with the 471 stalls that
will be provided.
Rezoning for Market Square
October 18 , 1989
Page 8
However , we are concerned with several aspects of the center with
regards to parking for several reasons as follows :
- grocery stores can generate unusually high parking demand.
- if restaurants occupy signficant areas of the building,
parking requirements could also jump, and
- there are two areas where the parking provisions should be
revised in a way that will unfortunately eliminate several
stalls . The parking area serving the Vet Clinic is a dead
end aisle that requires provision of a turn around area
that will eliminate two stalls . Most of the 13 stalls that
are illustrated on the east side of the future grocery expan-
sion are hazardous . Cars backing out of them will back into
drive aisles that have several turns and poor sight lines .
While staff believes that parking provisions could be made to be
adequate, we feel that several conditions are required to provide
adequate assurances . These include:
1. All leases should require employee parking to be located at
the rear of the building.
2 . Site plan review should be required for any restaurants pro-
posed to be located in the center. A parking analysis will
be required before approval can be required. The 2 , 284
square foot restaurant space located at the north end of the
center is excluded from this requirement.
Parking calculations do not include requirements for Outlot "A"
since no uses have been proposed. It is expected that parking
provisions for Outlot A will be consistent with ordinance
requirements whenever a site plan approval is requested. For the
center to function properly, cross access and parking easements
should be filed over the shopping center parcel and Outlot A
running in favor of each lot.
LANDSCAPING
The landscaping plan has been revised extensively to comply with
previous recommendations and is generally acceptable. Staff has
only two modifications we would like to see incorporated.
1 . A continuing concern throughout the design process has been
the rear view of the center from Hwy. 5 . The rear elevations
have been improved but we remain concerned with the level of
screening provided to avoid direct views of loading docks ,
truck parking and trash storage areas . While the landscaping
_ plan has been improved in this area, we believe that the
installation of 6 foot high conifers in this area is inade-
quate. We are recommending that the height at installation
should be 10-12 feet.
Rezoning for Market Square
October 18 , 1989
Page 9
2 . A snow storage area is illustrated at the southeast corner of
the site along Market Boulevard. We believe this is
inappropriate considering that the first view many people
would have upon entering the city is a pile of dirty snow.
The designation should be deleted and the area filled with
compatible landscape material.
Unlike most metro area communities , Chanhassen does not now have
a requirement for financial. guarantees for landscaping improve-
ments . Staff has raised this concern to the Planning Commission
who indicated a desire to have the ordinance amended to cover "
this omission . Staff is recommending that the PUD agreement
include a requirement that a financial guarantee be provided to
insure that landscaping is properly installed in a timely manner .
The guarantee should equal 110% of the estimated cost of the
material and be valid for one full growing season past the date
of installation.
GRADING/DRAINAGE
The site will drain into a storm sewer system that outlets into -
a city owned pond located to the south. The 72" storm sewer will
be installed by the developer and the development contract should
clearly state this requirement. The pond was designed to perform
as a retention pond for the downtown area . Thus a skimmer device
as requested by the City Council is not required. Drainage calcu-
lations have been provided and are currently being reviewed by the
City' s consultant. The existing catch basin adjacent to Manhole
#21 in Market Boulevard should be relocated into the new curb
radius . Project approval by the Riley Creek Watershed District is
required .
Prior to issuance of any building permits , a detailed erosion
control plan acceptable to the city and the Watershed District
shall be prepared.
UTILITIES
Final utility plans should be prepared for approval by the city.
The sanitary sewer plan requires that an existing 10" line that
bisects the site be located under the new building . Staff will
support the proposal only if it is constructed as follows :
a. The existing 10 inch PVC sanitary sewer shall be placed in
an oversized ductile iron casing which clearly extends 10
feet beyond the limits of any building footings or sidewalk
with manholes built at each end of the casing to provide
access . The sewer main must be properly blocked and encased
in the ductile iron casing, i .e. , grouted or pea rock.
Water plans are generally acceptable with some modifications .
The existing watermain to be abandoned should be removed from the
Rezoning for Market Square
October 18 , 1989
Page 10
site. Since the existing public utilities are proposed to be relo-
cated and turn lanes constructed, the applicant shall submit
detailed roadway and utility construction plans and specifications
for approval by the City Engineer. Roadway utility specifications
should comply with the City of Chanhassen' s specifications . As-
built mylar plans will also be required upon completion of the
construction.
SIGNAGE/LIGHTING
As with other aspects of the proposal , signage has been modified
from the original plan. The current plan calls for a total of 3
monument signs . One on West 78th, one on Market Boulevard and,
based upon Planning Commission recommendation, a third monument
will be reserved for Outlot A. Although no details are provided
for the Outlot A sign, it should be identical to the others . The
monuments are 14 ' tall with 41 square feet of sign area per face.
The signs are attractively designed to reflect the architectural
design of the shopping center.
All other site signage is to be located on the buildings . Front
elevation signs use 2 foot high lighted letters with similar
signage in the rear elevations and both ends of the building.
Staff has discussed allowing larger signage of similar design for
major shopping center tenants. We believe it is reasonable to do
so and are recommending that letters up to 5 feet in height be
allowed on these stores having gabled entrances and rear eleva-
tions . These stores should have their sign boards restricted to
the gable areas with signs on other elevations prohibited. No
details are provided for the free standing Vet Clinic and dry
cleaner buildings but they should be restricted to 2 foot high
lighted signs on the north and south elevations . Super Value has
separate sign provisions in recognition of their being the major
tenant .
The ordinance does not provide standards for PUD signage as such,
however , it allows the city to establish suitable requirements.
We believe the illustrated site plan is acceptable with the modi-
fications proposed above and are recommending that they be prepared
= as sign covenants that will be attached to the PUD agreement.
Lighting details were recently provided for staff review and area
acceptable with some modifications . Staff' s original intent was
to have the lighting be as compatible as possible with other CBD
lighting . Two types of fixtures are proposed. The first is a 17
foot high ornamental type offering an antique appearance. The
second is a 32} foot high box fixture designed to light large
areas . It is our desire to have lighting on the project' s
exterior use the lower scale, more compatible fixture. Thus we
are recommending that the 3 fixtures located east of the super
market and one located between the two Market Boulevard curb cuts
be exchanged for the ornamental lights . We believe that the
revised overall lighting scheme will provide adequate coverage.
Rezoning for Market quare
October 18, 1989
Page 11
SUBDIVISION/EASEMENTS/RIGHT-OF-WAY VACATION
The applicants are requesting subdivision approval and vacation
of excess right-of-way along West 78th Street and the Planning
Commission recommended approval of the preliminary plat.
However , the plat is being revised to comply with previous
stipulations and and is not available for eview at this time.
Staff expects to bring the revised plat to the City Council at an
upcoming meeting .
The plat will illustrate the following:
- West 78th Street vacation of excess right-of-way. The city
will seek to maintain an 80 foot wide right-of-way.
- Easements for :
°public utilities and drainage improvements
°public sidewalks
°cross access and parking for all lots , and
- Division of the site to separate lots and Outlot A.
STAFF RECOMMENDATION
Staff recommends that PUD Development Stage approval for Market
Square be approved subject to teh following conditions :
1 . Enter into a PUD contact with the city that will contain all
of the conditions of approval and which will be recorded
against all lots platted in the project. The PUD agreement
should provide for a landscape bond as outlined in the staff
report.
2 . Obtain final plat approval for the site prior to requesting
building permits .
3 . Enter into a development contract with the city that requires
financial sureties with construction plans to be approved by
the City Engineer and City Council for all public improve-
ments .
4 . Revise architectural plans as need to:
- confirm that the Vet Clinic will have windows on the north
and west elevations ;
- trash enclosures are to be constructed from rock faced
block compatible with the main building ;
- relocate the trash enclosure serving the dry cleaner to the
west side of the building or incorporate it into the struc-
ture;
- outdoor storage areas are to be enclosed by a rock faced
block wall ;
- the trash compactor is to be provided with a rock faced
block screen wall and relocated to the north to provide a
24 ' wide drive aisle ; and
Rezoning for Market Square
October 18 , 1989
Page 12
- the addition of any drive-up windows will require site plan
approval wherein it will be the applicant' s responsibility
to demonstrate that internal circulation patterns and
parking provisions will not be impacted.
5 . Outlot A is required to have buildings designed to utilize
architecture compatible with the shopping center. No addi-
tional access will be provided to serve Outlot A. Only one
additional monument sign is to be allowed when the outlot is
developed. The sign must be identical to monument signage
allowed elsewhere on the PUD. Until development occurs, the
owner shall establish ground cover over the site and keep it
in a maintained condition. Parking requirements for the
outlot should be satisfied on it.
6 . Modify and or regulate access and parking as follows :
- provide a triangular traffic island in the West 78th Street
curb cut;
- delete the sidewalk south of the crosswalk that connects to
the sidewalk in front of the super market. A pedestrian
crosswalk shall be installed on Market Boulevard adajacent
to the bus shelter. The crosswalk shall be painted and
signed in accordance with the requirements of Minnesota
Manual on Traffic Controls ;
- eliminate the 9 northern stalls located on the east side of
the super market expansion and modify the Vet Clinic
parking area to provide a turning space at the end of the
aisle;
- all leases for the main building should require that
employee parking be located at the rear of the center ; and
- any restaurants proposed in the center are subject to a
site plan review procedure. It will be the applicant' s
responsibility to demonstrate parking adequacy if it is to
be approved. The restaurant spaces illustrated in the two
northern tenant spaces in the main building are exempt from
this requirement; and
- all parking lot curbing shall be B-6/12 concrete.
7 . The landscaping plan should be modified as follows :
- increase the size of conifers along the south property line
from 6 ' to 10-12 ' ; and
- remove the snow storage area along Market Boulevard and
landscape the space.
8 . Provide final grading and drainage plans for approval . The
plans should incorporate the following:
- the 72" storm sewer is to be installed by the developer;
Installation of the line should be covered by the develop-
ment contract. The city can reasonably allow building per-
- mits to be issued with the understanding that the 72" storm
sewer, together with other public roadway and utility
improvements , will be ,stalled simultaneously with the
construction of the buildings ;
Rezoning for Market Square
October 18 , 1989
Page 13
- the existing catch basin adjacent to Manhole #21 in Market
Boulevard should be relocated into the new curb radius ;
- project approval by the Watershed District is required
prior to building permit issuance; and
- an erosion control plan acceptable to the city should be
submitted prior to requesting building permits.
9 . Provide final roadway and utility plans for approval. The
existing 10" PVC sanitary sewer shall be placed in an over-
sized ductile iron casing acceptable to the city. Existing
watermains to be abandoned shall be removed. The applicant
will submit detailed construction plans and specifications for
approval by the City Engineer and provide as-built mylar plans
upon completion of construction.
10. Provide written and graphic sign covenants consistent with
the description in the October 23 , 1989, staff report. The
covenants will be filed with the PUD contract.
11 . Review the site lighting plan to use the ornamental fixtures
east of the super market and between the two Market
Boulevard curb cuts.
ATTACHMENTS
1 . Market Square Plan Package - Sheets P-1 - P-C dated October
13 , 1989
2 . Market Square Site Phasing Plan - P-8 dated October 17 , 1989 .
3 . Update Market Square Rendering.
4 . Updated memo from the Engineering Department dated October 19 ,
1989 .
5 . Planning Commission minutes dated September 20 , 1989 .
6 . Previous staff reports .
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Planning Commission Meeting - February 16, 1994
Hempel: Once we review the final parking lot grading plan from the applicant here, we'll
determine whether or not the velocity of runoff is enough to require rip rap. We may be able
to maintain a...area for the runoff to go through. Kind of sheet drain it through the parking
lot similar to what we've done in the Industrial Control out on Park Drive. Their parking lot
sheet drains...
Scott: Drains to the creek, yeah.
Hempel: ...so we'll be looking at that in detail...We recommended to the applicant that
they...to minimize runoff in one direction...
Scott: Okay. Any other questions or comments? Okay. Seeing none, this item will be
continued to the next Planning Commission meeting. Thank you very much for coming in.
PUBLIC HEARING:
LOTUS REALTY SERVICES FOR A SITE PLAN REVIEW OF A 9,660 SQUARE
FOOT OFFICE RETAIL BUIDLING (EDINA REALTY) AND A 2,533 SQUARE FOOT
FAST FOOD RESTAURANT (WENDY'S) TO BE LOCATED ON LOT 4 AND
OUTLOT A, MARKET SQUARE.
— Sharmin Al-Jaff presented the staff report on this item.
Scott: We'll probably do questions and answers of staff and then have the applicant make
their presentation. Do that.
Farmakes: The contractual agreement the city has on a PUD, what is the time line in effect?
Does it go on ad infinitum?
Krauss: To the best of my knowledge...determination basically what you did back in '89 was
dropped the underlying zoning of the property and substituted the PUD...I know there is some
language that was implemented in the Lake Susan Hills.
Mancino: So many years.
Krauss: Yeah. That was an uncommon stipulation and I don't believe they put it here.
Farmakes: How do we apply, what if anything, has been changed in the interim of time to
consideration of this development? What was appropriate?
16
Planning Commission Meeting - February 16, 1994
Krauss: Well, this goes into one of those grayer areas where you know, I mean this is a
PUD. I can remember sitting in this chair 5 years ago arguing in front of the City Council
and the developer that a PUD was a contract and established obligations of both the city and
the developer, which the developer objected to strenuously. This was one of the first that
established some criteria in that regard. Relative to new criteria that's been developed since
then, there's certainly been a lot, from the strict standpoint of the PUD itself, you probably
don't have a lot of leverage. From the aspect of any HRA financial supports they may be
receiving...leverage in that area.
Farmakes: Is the Highway 5 Task Force recommendations, how do those interplay with this
PUD?
Krauss: The Highway 5, I guess we haven't reviewed it in detail...Highway 5 district would
establish the downtown...to the best of my knowledge consistent with the general parameters
of that. But in essence we have a PUD in place that supercedes it, it's, I don't, the term —
grandfathered in...
Farmakes: And that includes four outlots that haven't been built upon yet?
Krauss: Yes.
Mancino: My question on that is when is an outlot, what's the reasoning for making it an
outlot at the time of the PUD versus a lot?
Al-Jaff: We speculated that possibly taxes but we really didn't find anything.
Mancino: I mean a lot of times we make things an outlot that we're not going to build on.
Krauss: Well a lot of times you make things an outlot that will be platted at a future time.
All the future phases for example in Hans Hagen's development are platted as outlots and
when they're ready to plat homes on them, they come in and review the outlot status and do
final plat.
Harberts: There's a tax advantage to outlots versus...?
Krauss: I don't know if there is or isn't but you can bet if there was, that developer would
find one.
Mancino: And I mean who owns right now the land here? I mean who owns Outlot A and
Lot 4? Who has ownership?
17
Planning Commission Meeting - February 16, 1994
Krauss: At the present time, you know it's my understanding that the city owns it and we
have a purchase agreement in place, a standing agreement that we will sell it back to the
developer for a given price...and that purchase agreement has existed for a number of years.
Mancino: Now we own it, the city owns it. And we have a purchase agreement with another
party. What if we don't want to sell it?
Krauss: What the City Manager's told me is that the city has the potential of exercising an
option to keep it. There are additional funds that need to be paid in that circumstance and it
was his impression...the agreement that obligates us to buy all four lots uniformally
throughout this site, the office site and the two unbuilt lots closest to the Subway restaurant.
We would then own all of those.
Mancino: We would own them and could we at a later date then sell them to another party?
Krauss: I honestly don't know and there may be some burden placed upon the city if we
foreclose upon development. There may be some limitations...I don't know. If you'd like...
Mancino: I'd like to know our options as a city, what we can and can't do.
Harberts: Is there potential for funding from the HRA involved with this project?
Krauss: Yes. I do know that we do not have the ability to elect to just buy for example
Wendy's.
Mancino: Part of it.
Krauss: Right.
Farmakes: What's the zone. Has the zoning changed in regards to office retail since '89?
Krauss: Well, some of the PUD conditions have.
Farmakes: Is the PUD in regards to the office retail differentiate? That was before my time
here. Are we looking again at a similar situation as down the street here where it's listed as
an office building but primarily the lower level, in this case, it's a one story building, is
essentially retail. Is that a fielder's choice situation here with this particular development?
Or I understand one is a major tenant, is a realty company.
Krauss: That's true but I think you're right. Your characterization as some kind of an
18
Planning Commission Meeting - February 16, 1994
inbetween type of animal is probably accurate. As I recall, parking will allow some retail use
in that building. It probably is going...
Farmakes: So we potentially could be looking at retail signage adjacent to 78th, facing the
city?
Krauss: No. What you're going to get there. The signage is regulated by the overall PUD
agreement. That sign allocation was established 5 years ago and they can't deviate from that.
Now I don't, and maybe Sharmin can expand on what...tenant.
Al-Jaff: It would allow two signs on two of the...
Farmakes: So I assume north and south.
Al-Jaff: Correct. Or east and west.
Farmakes: So there would be individual tenant signage facing the city and the park. —
Al-Jaff: The more I read the covenants, the more I was picturing the Medical Arts buidling.
As far as signage.
Harberts: That would be an example.
Al-Jaff: Yes. The covenants...or the existing signage on the Market Square.
Farmakes: And the use would be subject to change as the tenants would change, between
business and retail.
Al-Jaff: But then if they change, they would have to meet all the parking criteria and if they
can't meet that, then we won't allow the occupancy to take place.
Krauss: But that wouldn't precluse retail use. It would preclude say a restaurant going up
with a liquor license...
Farmakes: The monument signage that we're looking at, are you recommending that it be the
same height as the existing monument signage currently in Market Square?
Al-Jaff: As well as design.
Farmakes: Is in '89 the agreement, that agreement was included in '89 in the PUD?
19
Planning Commission Meeting - February 16, 1994
Al-Jaff: Correct.
Farmakes: On the height restriction. How tall are those signs currently?
Al-Jaff: I believe they are 8 feet high.
Farmakes: 8 feet. I saw in the agreement that it was higher than that on the report. Maybe
not.
Mancino: We don't have any signage...
Scott: No, but we have pictures there.
Farmakes: 14 feet?
Al-Jaff: Well that's what it says in the.
Farmakes: PUD agreement.
Al-Jaff: In the PUD agreement.
Farmakes: Which would be substantially higher than any other monument signage that we
have.
Al-Jaff: Correct. There is one monument signage that is at that height. However, it faces.
Farmakes: The highway.
Al-Jaff: The corner...
Scott: Are you talking about Center Drug?
Al-Jaff: Pardon?
Scott: Are you talking about the tenant in the corner of.
'_1-Jaff: Right next to Center Drug.
Farmakes: Lawn and Sports?
20
Planning Commission Meeting - February 16, 1994
Al-Jaff: Yes. Lawn and Sports. There's a 14 foot high monument sign.
Farmakes: That's a part of the building though isn't it?
Al-Jaff: Yes and no really.
Farmakes: That's the overhang coming off that's attached to the structure of the building.
Al-Jaff: Yes. And I think that's what this clause was for. But none of the other signs reach
that.
Farmakes: So the clause envisioned it being attached to the building? The structure itself?
So sort of a connected skyway to the pylon sign.
Al-Jaff: That's how I interpreted it. Because otherwise there's really no need to have the
clause in there. That would be the only structure that would meet this criteria. 14 foot high.
But in speaking of the applicants, they indicated that the signs that they are proposing will
be...signage that it is out there. The monument sign that is out there. And that's why we
requested that they submit a plan that can be approved by Planning Commission and City
Council and we make sure that they are identical to what's out there.
Scott: And we'll see that on the 2nd?
Al-Jaff: Yes.
Mancino: I think when we get these developments, to see the signage at the same time that
we look at the site plan would be very advantageous so we can look at the materials. We can
look at everything as a unit. I mean as a whole. See how it works together.
Harberts: And when you're talking about the materials Nancy, you're also talking colors,
things like that?
Mancino: Right. The real thing.
Farmakes: It would be advantageous to it to look rather than typically how we get a signage
direction. will see a schematic or an elevation drawing and we will see an example on
one tenant. i'ruly how you see each, potentially each minimum tenant has a sign so the
accumulation of that should be part of that, even if it's fictional. It should show what the
maximum extent of that package would be.
21
Planning Commission Meeting - February 16, 1994
Harberts: This is a pretty focal point for the community so I have to agree with those
comments.
Al-Jaff: It would be an anchor building for that corner...Market and West 78th. That's going
to be a prime area in Chanhassen.
Scott: Any other comments or questions? Okay. This is a public hearing so if anyone
would like to address the Planning Commission, please step up. Identify yourselves and we'll
be interested in your thoughts.
(The following discussion did not get picked up very well on tape as people were not
speaking loud enough or directly into the microphones.)
Vernelle Clayton: Since I recognize the rest of the people as being part of our group...
Vernelle Clayton. I'm representing Lotus Realty here tonight. Rather than a free willy
montage of facts and figures that you usually get from Brad, he had to be out of town
tonight, I'll present the project. However less colorfully but hopefully I'll be able to give you
some background. Explain to you all, try to get a little bit...and how it got there. And I'm
saying that because I understand, although I wasn't there, that that very question was, has
been posed to Council and staff by the Council. By legal counsel and staff. By the
Chanhassen Council because there is some confusion I think and lack of understanding on
how we did get to where we are with the project. Partly because the project took so
incredibly long to get off the ground. Phase I did. The plan and the Planning Commission
stage I'm sure, although I wasn't involved at that point, took place long before probably
everybody except Ladd was on the Planning Commission and I guess if you're not on the
commission or...HRA, you probably weren't involved...of what went on. I would like to say
also that I don't want to spend all evening with you reviewing what...thank heavens it's over
and...breathe a sigh of relief but one of the things that occurred was that there was a change
in the attitude of lenders and financing. And in fact we experienced a change in a lender.
One of the other things that happened, thankfully, the city was extremely cooperative and
helpful in filling that gap because they recognized the need for a shopping center and
particularly a grocery store and it was a high priority item at that time. So in a nutshell, to
summarize what happened in several months and many meetings here, the city, as a way of
infusing the necessary additional equity that the more stringent lending requirements...are
dictated, purchased this particular piece of land which is now comprised of two separate
parcels from the Bloomberg Companies. But unlike other purchases that the city, that the
HRA. It was at the HRA... but this was the HRA that did it. Not the city itself. The HRA
in other cases had purchased land outright and just plain owns it and uses it for development.
For example there's...that the HRA owns that and can sell it or do whatever they want. They
could I suppose if they chose build something on it and manage it and operate it. This is
22
Planning Commission Meeting - February 16, 1994
different. This was purchased. They agreed to purchase the lot and in return for Bloomberg
agreeing to repurchase it. So there was at the time the purchase agreement was signed, an
option that was also an option to repurchase by Bloomberg...simultaneously. And attached to
that document is the purchase agreement that spelled out the terms under which Bloomberg
will close on the land. So that explains where we got, how you got to where you are. How
some people say gee, the HRA owns this land. Why is development being proposed on our
land perhaps? I don't know what all the decision might be but it was always planned that
this project would be developed as a part of Market Square and that Bloomberg would
exercise their option when a purchase agreement came, when a purchaser came along for
them such as Wendy's. And that's what's occurring now. There is a different agreement on
Lot 2 and 3 where unlike Bloombergs having an option to purchase, they didn't...2 and 3 but
I didn't want other misunderstandings going on here. That agreement is with Market Square
Associates Limited Partnership which is the owner of Lot 1, which is Market Square. Under
that agreement there is no option. There is a requirement that they, the partnership purchase
it. So they're not connected and they're separate agreements with separate entities. Now
because Paul remembers it one way and I went...not having a million other transactions flow
across my desk. I can certainly understand how people coming on the Planning Commission
who may not have had a, may not have even lived here for all I know at the time this was
going on, would not have a clear understanding of what those documents say. They are in
addition to that, a little more complex. There is a possibility that the city could find a third
party offer and in that case Bloomberg has the right to meet that offer. Practically speaking
Wendy's wanted to be there and is offering a whole lot more than the city's contract with
them says, there is no apparent reason to me why if they came up with a third party offer that
Bloomberg wouldn't say yeah, I'll match it.
Farmakes: Can I ask you a quick question?
Vernelle Clayton: Sure.
Farmakes: Wendy's has a contract with the city?
Vernelle Clayton: Wendy's has a contract with, actually Lotus Realty who is coordinating all
of this. Bloomberg is the one that has the option that can be exercised but in order to
transfer all of the...deeper, we determined it would be wise to present one site plan for this
because two small site plans could lend to not a very good flow of the site. Not coordinated
landscaping. Not coordinated construction and we wanted it all coordinated. So to
coordinate it we, Lotus has a purchase•agreement with Bloomberg. Bloomberg will exercise
their option and then Lotus plans to transfer title to Wendy's as well as to a partnership
which will be comprised of largely the same partners that own Market Square I.
23
Planning Commission Meeting - February 16, 1994
Harberts: Vernelle, you commented that when Market Square was being developed or
proposed or whatever, that this was always the intent. This project with the intent of going
forward but because of financial difficulties or whatever, that's why it's so slow. When you
commented that this was going to, this was the intent, did that intent mean a fast food
restaurant and this type of other building that's being proposed or just that some type of
development would occur?
Vernelle Clayton: I said that there were financial problems. It was the whole world you
know fell apart for financing any kind of real estate and we had not intended at that point to
be developing these parcels along with Market Square. So they weren't, it's not true to say
that these parcels weren't developed then because of lack of financing. It was kind of an
extraordinary effort on Brad's part that he was able to fill 80,000 square feet at the time it
opened. Any more than that is typically planned when you do, most shopping centers of this
size, and particular those that are larger, have a major center and 2 or 3 other lots which...to
Nancy and that we apparently call them all outlots and we refer to all of these lots, whether
they're legally Lots 2, 3 or whatever we call them outlots. And maybe I'm wrong. Maybe
it's not...I may have misunderstood your question. But in any event, to answer your question,
_ yes. We thought there was a great likelihood that there would be a fast food restaurant here.
We also thought always that there'd be some kind of additional retail. We didn't think there
would be whatever might be proposed on Lots 2 and 3 because at that time, at the time that
_ the whole process was approved, the Council and the Planning Commission also approved a
vetrinary building and a drive thru for that site. So you'll see those on old plans when you
see old plans...
Farmakes: Wasn't there also another proposal of a bank building?
Vernelle Clayton: I'm sorry.
Farmakes: Wasn't there also another proposal of the Americana Bank building?
Krauss: Several years later.
Vernelle Clayton: Right. That was several years later. They proposed and that's how this
little snaffu with the outlot came about. They originally this whole area was called Outlot A.
Everything we're talking about tonight was called Outlot A. And they went at the time the
Americana Bank wanted to be here, they only wa,t -,d half the site 3o they went through most
of the approval process for platting that. The Miii,,tes say it was going to be divided into two
lots. Somewhere along the line somebody instructed a surveyor to label it Outlot A. And
that's the best that we can, Sharmin and I have gone through...and can't quite figure out what
happened but it was apparently the intent from the dialogue that's recorded that they be two
24
Planning Commission Meeting - February 16, 1994
lots. It simply was split into two lots.
Harberts: He didn't mention how Southwest Metro had control over the old...
Vernelle Clayton: Diane and I got to know each other by phone before we met.
Harberts: I think I was on board for 2 days. Interesting project...
Vernelle Clayton: So anyhow, that kind of gets to how we got part of the way to where we
are. As to why the HRA...fact that the Bloomberg Companies has a legal interest in the
property and...exercising it's option. Under our proposal for Wendy's as I said will be
owning a parcel and a partnership, pretty much the same partnership as the one for Market
Square will own the Lot 4 and as I said...As to the proposed development...one of the ways to
control property is to have or influence development on property is to have a PUD. This is
not a bad PUD from your perspective...And we have always gotten into the fact that we as a
developer and those folks that drafted the PUD agreement as well as other agreements _
anticipated that there would be additional retail development on that site. And let me say
there's a need for additional retail. There's a need for traffic...for Market Square. I don't
mean to imply that there are a lot of people that are close to going out of business. That
things are so tough down there but there are a lot of people that go to bed worried every
night I can tell you that. These people are all ahead of the time just a little bit. Everybody
that's moving into Chanhassen is ahead of time. They're positioning themselves because they —
want to be here when we are fully developed and when the market catches up with what
we're doing here. There are probably a couple people in Market Square that can't wait that
long but it needs the synergy of newer folks out there that generate traffic. We've spent a lot
of money out there generating traffic...that we have just to get people on site and Wendy's
will do a lot of that for us. We don't care particularly...that they all go to Wendy's and
immediately hop over and...or drop in at the hardware store but we care that they see it and
they see what's there and they can come back and support it. So, there's a development
agreement. There's a PUD. A development agreement. A redevelopment agreement.
There's a repurchase agreement and even restrictive covenants that restrict the height of —
buildings...All of those have a lot of little things that limit what we can do and provide you
control for what we can do. It was drafted that way so that this project would be consistent
with what already existed in Market Square and we think that the project that we're bringing
in is consistent with those anticipations. As we go through the presentation there may be
references to those. I think that Sharmin has already made cane referelice to various
requirements that set forth for example signage, parking, access...As to the use of the
property, as I mentioned, it was rezoned PUD and the PUD agreement contains standard
language that the standards of the BG, general business district apply to this as if they...Uses
are of course retail as we mentioned but we have proposed office and among... Getting at
25
Planning Commission Meeting - February 16, 1994
uses a little more, we screen uses probably as stringently as anyone there because of, although
it might be from a different perspective. We're concerned with respect to the mix of tenants
at Market Square. We have turned down several proposals from folks who want to be in the
area and possibly in the building because a similar use already exists in Market Square. For
example we've had...uses which under the ordinance would be permitted. I really don't think
you'd like very much and we would not like very much either on the site. We, in deference
to Guy's, although unbeknownst to him, we turned down Taco Bell on the same site that
Wendy's is now going on. Even though his lease has no provision to that affect. I
understand that he sent you a letter saying a couple things and I'm paraphrasing if you
haven't seen the copy. One of the things he said...is not true and I trust you understand that
now that you understand...ownership of the parcel became vested in the HRA and then the...I
need to say also that it is our intent to continue to protect, to protect him and others based on
what they were doing when they moved there...and he didn't ask them about changing his
venue...that became that grill after we were already...
Farmakes: Excuse me. When you're referring to he, you're referring to Guy's?
Vernelle Clayton: I'm referring to Guy's. And I don't like any of those tenants over there
to be unhappy with what we're doing. I work with them on practically a daily basis. I talked
with Guy about this and he just sort of shrugged his shoulders. Apparently he didn't think I
was in any position of authority to do anything about it so he wasn't going to complain to
me...with respect to this particular project. Wendy's began discussions with us last March
and one of the specific elements that was important to them was a site plan so we met with
staff and reviewed various alternatives and...which was recommended by the staff. In the
next few months...and then we prepared some more formal renderings of the site plan and
elevations and presented them to the HRA and the comments with having preliminary
discussion with them...prior to bringing it to Planning Commission and Council and that was
in late September. September 23rd I believe. We then were...and so the site plan and
specifically the landscaping plan was used...Kevin Norby prepared the landscaping plan...as
well as through the Tree Board. At the same time this was going on, we were finalizing
elevations and in the case of Wendy's making...elevations based on projections by the HRA.
We presented the...roughly in December. Anticipated Planning Commission public hearing in
January. We all know that the schedules were changed due to the accommodation linked to
the Highway 5 study. We thought...perfect presentation and before I introduce the folks that
are going to come up and make the presentation, because it is less than perfect, it's because
we were trying...but in any event, I think what we have, it might not be i.,:.fect or as perfect
and colorful in quality and visible...less than 24 hours really to get the new site plan attached
to your packet together. He has not spent, that was at 3:45... Since then he's had a chance to
fine tune it a little bit and you'll see a fine tuned version here which incorporates a few
things...by Friday afternoon. Then on Monday we learned that...The other thing that Bill had
26
Planning Commission Meeting - February 16, 1994
to do was...Sharmin decided that she wouldn't, suggested we add some relief to the front in
the form of bringing forward the gabled portion a foot and that meant that Bill had to go back
to the drawing board...Monday morning on the elevations. Now all this time Bill had planned
to be doing a really nice computer presentation of...the building and so we're without those
tonight but thankfully we do have the most recent response to the most recent suggestions and
this also left Kevin in a little bit of a lurch since he had only I think today to do the revised
landscaping... It's my thought that, since you've already seen the site plan, we might then
look at the landscape plan next since you kind of have those around in front of you and then
we'll talk about the buildings. And so, unless you want to see it in a different order.
Scott: Go ahead.
Vemelle Clayton: I would like to introduce Kevin Norby who I think all of you have met in
the past and he will make...Thank you.
Kevin Norby: Again, I apologize for not getting a copy of this to you but I do have copies I
can distribute to you.
Scott: If you want, if you can stick that in front of the podium. For the folks at home.
Kevin Norby: I guess what we've done here, I thought maybe Bill would be going first and
have an opportunity to explain what changes were made on the site. Staff suggested that this
area, which was previously shown and I think is on your copy, shown as 6 foot wide and
suggested that that be widened to 8 feet to accommodate the planting of additional green
space. We've actually widened that to 10 feet feeling that we probably needed that extra 2
feet to insure that those trees would continue to thrive.
Harberts: Kevin, can you just kind of give us a point of reference where West 78th Street is?
It's kind of hard.
Kevin Norby: Yeah, this is West 78th and north. This would be Market here and of course
Festival would be down in here. So this is I guess one of the changes that Sharmin had
suggested of this being widened to 8 feet. We've widened that to 10 feet and incorporated
some trees in there. Sharmin had actually asked to have 5 trees planted in this median and I
was somewhat concerned about salt tolerance and the amount of traffic that runs through here
splashing up on the trees so what we've done is provided 3 trees. We've changed the species
a little bit to provide some additional salt tolerance. We've landscaped that area with lower
growing, ground cover type material that will take the snow loads and the salt tolerance.
Mancino: What is that?
27
_ Planning Commission Meeting - February 16, 1994
Kevin Norby: In this case we've used fleece flower, the ground cover. The trees are
hackberry and ash and off to the ends we've got maple and linden where we think there's a
little more space to accommodate those. We've also got this sidewalk that continues around
the site. Part of it exists. That will be extended across West 78th here and the city currently
has as part of their West 78th Street project 5 trees which are proposed there. We have a
total of 32 trees shown on the site, 15 of which are required. 15 trees are required as part of
your landscape ordinance. Your parking lot ordinance.
Mancino: That's the minimum.
Kevin Norby: The minimum. We've got 17 shown in the parking lot. We've got another 10
down there provided as far as buffering, screening. Quite a bit exceeded that in an attempt to
hide things like the trash enclosures, soften the building architecture and so forth. Again the
trash enclosure is located here. Bill will explain why that is there. It was the request from
staff to consolidate the two enclosures and...will be accessed from both tenants buildings. I
guess in general I'll let Bill cover that sort of stuff but in general what we've done is tried to
soften the architecture. Tried to provide some green space. There will be some berming and
that sort of thing to help break up some of these views along here along West 78th and
Market. And then we've used again extensively ground covers and shrubs for both buffering
and for landscaping around the buildings.
Mancino: I have a question for you. If I'm over at Country Suites and I want to walk across
the street and go to Wendy's, and I get on the sidewalk on Market, how do I get to Wendy's
in a pedestrian friendly way that I don't go around cars? Is there a pathway?
Kevin Norby: The hotel over here?
Mancino: Yeah.
Kevin Norby: You either walk the sidewalk which will take you to Wendy's...allow annuals
around the buildings. Around the signs we've got more perennials. It will be both colorful
and it will provide a lot of canopy cover.
Mancino: Is there the use of brick pavers for sidewalk or are we all cement or have we
upgraded up to some sort of a brick walkway around the buildings?
Kevin Norby: I haven't been involved in those discussions and I'm not sure it's reached that,
quite that level of detail here but at this point what we're representing is concrete. Maybe I'll
let Bill kind of touch on some of the other changes here.
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Planning Commission Meeting - February 16, 1994
Vernelle Clayton: ...so do you want to explain more about the site plan?
Bill Brisley: Most of the changes were driven by planning staff which you see there. I'm
sure there's a lot of rationale that they have that I'm not privy to that...but I certainly would
answer any questions on the site plan. -
Harberts: Well one of the questions I have is with regard to the trash. And maybe it's just
my not understanding the total use of the other buildings but it would seem to me there's
more traffic generated potentially by Wendy's so why wouldn't the trash be located in the
other parking lot where I would think there would be less traffic to deal with. But then
maybe I'm just. -
Bill Brisley: Well here's where Wendy's collects their trash in this area and then directly out
that door. And then a hauler would come in here...pick up this dumpster. -
Harberts: Oh because they generate more trash?
Vernelle Clayton: Right. They generate more and plus we have several experiences in
Market Square where anytime you have large dumpsters, which you want, because you don't
want...The hauler has to head in directly back.
Harberts: They have to back up.
Vernelle Clayton: Right. And up here they'd have trouble...
Harberts: So tell me how a trash hauler would go in there and do a 3 point turn?
Bill Brisley: This is all one way.
Harberts: So tell me how.
John Milga: We arrange the time for trash pick up so it just doesn't come in the middle of
the day or when it's busy and quite easily what happens is the trash backs in this way, pulls
up here and...
Mancino: Are you open 24 hours a day?
John Milga: No we're not. And we wouldn't anticipate trying to be open 24 hours a day.
Harberts: Can you describe that location where they collect the trash. Is that like an -
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Planning Commission Meeting - February 16, 1994
enclosed room or something?
John Milga: Well first of all we compact our trash before we take it out to the dumpster.
Harberts: And that's done in that little room.
John Milga: Pardon me?
Harberts: That's done in that little room that you pointed out?
John Milga: This one here? This is a cooler and freezer and that's all enclosed. And then
when they would bring out the trash, they would bring it out here.
Harberts: And is that somehow screened? That trash...or whatever it's called back there?
John Milga: Yes. There's very heavy screening all around the trash, except for this little
sidewalk here where the office people can bring trash in.
Al-Jaff: We're also requesting that there would be berming to create an impression...from
Market Boulevard as well as...
Bill Brisley: What happens is this site steps down...and so where we take up some of the
changes...
Harberts: That answers my questions.
Vernelle Clayton: I'd like to bring, before we get off the site plan I'd like to bring up one of
the...Council and you should know about it too. These don't exist down here. They live
currently up in here and if you haven't noticed them, please drive out and take a look at
them. They're inconsistent with any kind of building design...so we're proposing that they be
moved. And one of the reasons we're proposing that they be moved, the screen is
obviously...and the other is that there's a requirement that there be nothing planted within 10
feet and they're closer than 10 feet to the sidewalk. You can't shield them from the
sidewalk. So we need to address, I don't think you'll find any arguments from anybody that
they're ugly but we might find an argument that...so we're going to have to work on that. So
I just wanted to explain that and this will be able to provide screening...
Farmakes: What was your motivation in changing the roof line? What was it originally?
You discussed some of the changes you made to the main structure here.
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Planning Commission Meeting - February 16, 1994
Vernelle Clayton: To this one?
Farmakes: Yeah.
Vernelle Clayton: Bill, well we were going to have Wendy's go on next but if you want,
why don't you talk about it.
Farmakes: That's fine if you want to come back to that.
Bill Brisley: Yeah, I guess I'm...
Vernelle Clayton: Okay. I think it would be nice if we did allow John Milga to talk a little
bit about Wendy's and he and...
John Milga: Well first of all Wendy's is kind of an upscale hamburger chain and most of our
customers fit the profile of Chanhassen's population base. Where it's a little more upscale.
A little more office related. People are a little more interested in salad bars. They're good
for your product and we kind of emphasize that. Emphasize the adult seating with the
movable chairs and tables. One of the things we have to consider is in trying to develop
here, what they have a plan that our building would match with the Market Square building
as well as with the Edina Realty building. So one of the considerations was to try and get a
dormer type roof on top of the building and also to match the brick. Now this artist has
shaded it in kind of a beige but we're going to match the same color as Market Square
building which is kind of a grayish color. And at the time we'll use the same materials so
we'll have the same brick materials as Edina as along with matching the colors of the Market
Square building. Now our logo colors are red and you can use this a little bit because we had
the rendering done before we had to make some other changes that Vernelle eluded to but
you can see the dormer treatments here...Gary, you know all the colors a little better than I
do.
Gary: Well we're effectively going to compliment the colors of the shopping center. This
dormer treatment...and add some red striping to compliment to the canopies used in the
shopping center, which is a burgundy. And brick treatment, as I mentioned being kind of a
grayish...This is what you call...
Harberts: Is this a, and I don't know if I'm...is this like a franchise store or is this like a
corporate store?
John Milga: This would be a corporate operated store. However that doesn't mean that it
would always be a corporate store. We do have flexibility that we can sell stores to
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Planning Commission Meeting - February 16, 1994
franchisees and buy franchise stores.
Harberts: Do you have any Wendy's that do not have drive thru or do all your Wendy's all
over the place have drive thrus?
John Milga: The only place that we don't have drive thrus is if we're in a downtown area
like in downtown Minneapolis. Or inside of a shopping center mall. Other than that they all
have drive thrus. And the reason for that quite frankly is, about 30% of the business comes
through a drive thru. Today people do their banking through drive thrus. In fact women are
the primary users of drive thrus because when they drive home and they have little kids, they
don't have to take the kids out of the car, or out of the van today. Bring them in someplace.
Worry about them running around and so they can have them all contained where they can do
their banking and...
Farmakes: Your elevation drawing is showing burgundy striping on the building and your
sketch drawing is showing a matching red to the sign. What, do you have a sample of what
that would be or do you, any exterior samples?
Gary: ...on the site?
Farmakes: Yes.
Gary: This is just a paint that's painted on. The top of the parapet is treated with...What we
have shown right now is green...red and beige.
Farmakes: So when you're referring to red, I'm looking and I'm seeing almost a burgundy
red and in the drawing I'm seeing bright red. What is the color?
Gary: It's red.
Farmakes: The red I see in the Wendy's sign?
Gary: Yeah.
Mancino: ...fire engine red, not burgundy?
`.ary: Right. No.
Harberts: I thought I had heard the comment of your corporate logo colors would be.
32
Planning Commission Meeting - February 16, 1994 —
Farmakes: I heard the awnings that are currently on the Market Square development. Did I
hear that wrong?
Gary: Not a burgundy. It's kind of burgundy red. Sort of...
Farmakes: Well signage reds are color coded. They're specific. The red that you're using in —
Wendy's I'd say is a 185 red.
Gary: ...Yeah. The signage in the shopping center are red. —
Mancino: But I mean it's not going to be a subtle burgundy?
Gary: No. Right. No, it's going to be red. And this...
Mancino: Where else are their signage up on the mansard or whatever you call that part of
the roof? I mean you have a drive up area.
Gary: Right. We have.
Mancino: In your other Wendy's you have a fair amount of signage. _
John Milga: ...original pictures of our "standard building" may give a better idea. You can
see there we usually use a brick similar to the brick that you have in civic center... —
Scott: And then all your rooftop, your HVAC and all that kind of stuff is going to be
screened? Actually contained underneath so it won't be visible at all. _
Gary: Right.
Farmakes: Will the stone and brick that you're using is accented by a rougher stone in the
detail work?
Gary: Yes...
Farmakes: And this is the bronze metallic that you're referring to? —
Gary: Yes.
Harberts: And this site is supposed to have two drive thru windows? Is that right?
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Planning Commission Meeting - February 16, 1994
John Milga: Yes. That's the standard...and we are changing our signage. We're not going to
have Wendy's Old Fashion Hamburgers. Wendy's is Wendy's...
Farmakes: Okay, so on some of these other buildings where you see chili and frosty, all this
auxiliary signage that you're talking about is restricted then to your...
Mancino: And is it lit, back lit?
Gary: Yes. It's lit. Basically this is one of our, what do you want to call it...
Vernelle Clayton: When you're talking about Wendy's signage...but each building is allowed
signage on two sides...
Mancino: And that includes the pick up window?
Vernelle Clayton: Right. They might choose to have a sign on the side.
Mancino: But that's then 3.
John Milga: No, we'll have 2 signs and basically the way we go about our signage...
Farmakes: I think you're talking about an auxiliary sign for the pick up window here or pick
up here.
John Milga: ...directional sign for example, we'll probably have a sign on this side which...
Farmakes: Sharmin, could I ask you something in regards to the fast food restaurant that has
a drive up and in many of these such as McDonalds and so on and essentially they're a
monument sign onto themselves. How do we treat that issue in relationship to signage
limitations in that PUD? ...we're talking about a limitation of 2 signs, building signs on two
sides. We're talking about auxiliary signs. Pick up window here. Typically in a fast food
there's also a drive up collection. I'm assuming you have a drive up type situation where
there's a menu and usually colored pictures and so on.
Mancino: Yeah...and also signage in the windows. 99 cents huge which is also signage.
Al-Jaff: Currently the ordinance does not allow...I looked at the McDonalds and we did not
include that as a part of their signage...
Farmakes: I guess my question is, we do have criteria then that regulates the signage and the
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Planning Commission Meeting - February 16, 1994
placement for auxiliary signage that buildings like these require other than the fact that we do
have restrictions when we're talking about the building signs themselves. For additional
obviously signage, do we have criteria that we use for that? I don't recall that...
Al-Jaff: ...that band then wraps around the building...
Scott: So you're saying if the corporate color is utilized as an accent on the building, which I
remember from the...corporate accent colors count as signage.
Al-Jaff: Correct.
Farmakes: We talked about that fairly extensively...how you determined that. How either
aesthetically or in ordinance you determined what effect it has...
John Milga: For example Super America likes to use a huge America flag to the point it
becomes when you see that on the highway, you know it's a Super America. I don't know of
anyone that counts that as a sign. —
Farmakes: Particular fast food franchises, we could argue that at length but obviously Taco
Bell, Amoco, I can list off where the striping is an intricate part of their franchise building.
No question. A part of the signage. It's used to catch the eye. But I've seen it done
tastefully. I think Embers does a pretty good job of tastefully doing it. I've seen it done
pretty garishly.
John Milga: Then on the other hand, you take for example McDonalds has the golden arch.
Just because they use the yellow color, you couldn't say well, we have to use blue arches.
You're causing the corporation then to...in some cases when you start getting into this, you
start violating other trademarks and...
Farmakes: I think the argument can be made though that red trim on a building is not a
corporate ID. It's not a trademark. The Wendy's logo and the fact that you're using and so
on, that could be...
John Milga: I'll give you an example of one that is a trademark...McDonalds...lights on the
roof. Their roof design with...lights. That is a trademark by McDonalds...
Farmakes: I think the McDonalds was built many, many years ago. I don't think that would
fly any longer.
Harberts: The question I have is with the stacking of cars as they go through the drive thru...
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Planning Commission Meeting - February 16, 1994
Do you have a standard procedure where they stack up...
John Milga: Okay first of all there's a by-pass lane to get around the drive thru so if
someone was parked in say this parking space, if they want they could have two options...or
they could back out and go around the drive thru...Some companies do not have that but we
provide for a by-pass lane. Stacking wise you know, the reason we have the double window
is to move the cars through faster. They can pay while they're waiting for the pick-up and
then they move on to the pick-up window and...One takes the order and one takes the...so the
goals it always to keep...and you could stack up all the way to here. That was one of the
features your planners came up with and the way we had it set up before didn't really provide
for an emergency that could happen. That wouldn't be an ideal from our perspective to have
a situation like that. But could that happen? Yes, that could happen so we provided for...
Harberts: Have you done that type of design before where there could potentially be stacking
up in that same place...
Scott: Yeah, what's the distance there?
John Milga: I think it's 24 feet.
Scott: Okay, and then cars are typically how long?
Gary: They're typically 20 foot...A Suburban might be about 20 feet long.
Scott: I'm just thinking if you've got 26 feet across that lot and you have two 15 foot cars
that are supposed to be parked, and maybe you're not measuring the distance this way but I
think if you have a car parked there and you have a car parked there, and your stacked 7 or 8
deep, those people are going pretty much going to be immobilized. I mean if you take the
length of two cars and the width and you don't have that much space in that parking lot...
Gary: ...26 feet but the cars are only say 7 feet wide. That's the width that a car would...
car was standing here, you still have 19 feet for a park to back out...
Mancino: I'm sure you said this before but I can't remember. How does the brick get to be
gray? Is that, do you impregnate the color of the brick?...
Harberts: Did Public Safety look at the traffic flow?
Al-Jaff: Well it was between...Dave, and myself. We looked at the flow of the traffic and
we have not studied this specific plan in detail but this was...
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Planning Commission Meeting - February 16, 1994
(There was a tape change at this point in the discussion.)
Farmakes: It's not restricted to that?
Bill Brisley: No it's not.
Farmakes: It could be Block Buster Video.
Bill Brisley: Right.
Harberts: Is there a, if the parking lot at Wendy's gets full, will people have the option of
parking over in the other side then?
_
John Milga: Well in fact this parcel, and Vernelle you can help us out on this if you want,
there is parking on this side. This is parking that belongs to this land. However we're not
even counting that as part of our required parking. But there was overflow parking calculated _
way back when, when it was thought of this as being retail then. Possibly a in service
restaurant.
Vernelle Clayton: We intend to have cross parking easements. There already are cross
parking easements in place...
Harberts: Would a pick up, no. Let's start over. Would a Suburban with a 16 or 18 foot
boat be able to go through that? I mean realistically.
John Milga: But the question you raise is the same you have to ask in a bank. If someone
were imprudent enough to come with a Suburban and a big boat, and that could happen in
this area. Someone could be that imprudent to do that, do go into a bank, they're going to —
tear up everything on it just like the church. They did the same thing. If they pull in there.
Harberts: So I take it the answer is no.
John Milga: No. Probably wouldn't. They probably could get through here because it's
wide enough but.
Gary: If there were no cars.
John Milga: Because with 22 feet, it would work but you know...
Harberts: Well we have Lotus Lake right there. We have a lot of traffic on 78th Street and I
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Planning Commission Meeting - February 16, 1994
think it's very conceivable and unless this person is smart enough to park their vehicle
outside of that area, I'm just wondering what kind of traffic tie up you could have in there,
into the stacking, things like that.
Farmakes: Is the street lighting for Market II going to match Market I?
John Milga: Yes, it is the same street lighting.
Al-Jaff: We did discuss this at a meeting with the applicant and we suggested that they use
the same ornamental lighting that exists at Market Square right now, and we're hoping with
their next submittal that that shows on there.
Farmakes: And that will be part of any lighting situation within the lot also?
Al-Jaff: Correct.
Harberts: I'd like to just reinforce Nancy's comment earlier about seeing the colors and the
materials at the next meeting.
Mancino: And signage and where any accessory signage will be.
Al-Jaff: Do you want them to bring in examples? I mean actual pieces.
Mancino: Yes.
Conrad: Staff report took out sidewalks. I'm curious why we did that.
Hempel: Actually the site plan showed taking out the sidewalk with the grading of the site
and did not propose putting it back and that was one of the recommendations staff has, to
make sure that sidewalk on Market Boulevard is put back in place. And in fact the West
78th Street sidewalk.
Vernelle Clayton: If it said that, it was a mistake. It was never intended that we take out the
sidewalk...
Bill Brisley: We're not taking out any sidewalks. They're adding, or the city will be adding
the sidewalks...
Hempel: Let me clarify for the record as far as the city is going to be extending the sidewalk
along West 78th Street only. Nothing along Market Square or Market Boulevard. There's a
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Planning Commission Meeting - February 16, 1994
small segment of the sidewalk that was left out of the original Market Square development.
We're waiting for the city to put the turn lane in and move the electrical boxes that were on
the corner. We've moved them back for a second time now. The location is far enough back
to facilitate the extension of that sidewalk and development of the parcel.
Conrad: One thing that we hear on this Vision 2002 is, it's always interesting what people
focus on and we're trying to figure out what we look like in 10 years or 5, or something like
that. We talked about pedestrian traffic and although if Brad were here he'd be telling us
how the car moves us around, which is true. But on the other hand, the people that are
looking at the city are real concerned with pedestrian traffic. Staff, youdid not want the
connection, as originally in our plans, made to these sidewalks on West 78th and Market Blvd
based on the staff report saying eliminate them. Is that correct?
Al-Jaff: No. Actually...
Bill Brisley: The sidewalk comes here.
Conrad: I'm not talking about those. I'm talking about the connectivity between the Edina
and the sidewalks that I perceive to be coming from the sides going our: to the, right there.
Yeah. Now my understanding was staff said these pedestrian ramps should be eliminated.
Bill Brisley: Those were ones going across the street.
Hempel: Right. If I could clarify. There were previous on the landscape plan showing two
pedestrian crossings or access points out to West 78th Street and Market in this location and
another one out here to promote crossing mid block and...We did request that they give us
some continuity between the sidewalk on Market and Edina Realty and Wendy's.
Conrad: Okay. Then I understand. And we're going to look at connecting Wendy's to that
same Market Blvd sidewalk, right?
Al-Jaff: Yes.
Conrad: I'm really interested in connecting everything together. This is a PUD you know
and I think that's what everybody has to really refocus on. This is not just a subdivision or a
site plan. It's really fitting everything together. I'm concerned with sidewalks and accesses
to get a, I think the parking lot at Market Square has been a bone of concern for a long time.
I hope we're taking that opportunity. I'm not going to get into the business of being an
engineer but I really hope we're taking the opportunity to make sure that this thing all fits
together, and I'm not smart enough to critique it right now but I trust staff will do that. I
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Planning Commission Meeting - February 16, 1994
also trust staff will do that in terms of the sidewalks. Even though this little group that's
trying to figure out what we look like in 2002 has not come to conclusions yet, there's sure
some solid indication of what they're looking for and that should be wrapped into this. We
shouldn't have to wait for this document to come forth. I think there's some clear directions
on that and this impacts it a little bit. So again, I just really hope between now and then that
staff has thought of those issues and making sure this all fits.
John Malga: Any other questions in regards to Wendy's?
Al-Jaff: I just wanted to add something in regards to the sidewalks. It's true as
Commissioner Conrad states that one of the main concerns of the 2002 Vision commission
was to connect the sidewalks and we did look at this site and what we had suggested was that
the sidewalks. This is where Edina Realty is. The sidewalk would continue along West 78th
but at the same time go along the interior and then go to the west until it reaches Subway.
The sidewalk that's right in front of Subway and I think that would complete that sidewalk
connection.
Mancino: But you still can't get to Wendy's on a sidewalk. I mean it's not pedestrian
friendly.
Al-Jaff: Correct.
Mancino: You cannot get from a sidewalk to Wendy's without going through a parking lot
and I'm thinking small kids. I'm thinking bikes and all sorts of things. So it doesn't meet
those pedestrian friendly requirements.
Scott: Well another comment too with the Vision 2002 that's very obvious in the statement
that we all received is one of a civic center and obviously we have a civic center beginning
with City Hall. Potential City Hall expansion. Library relocation. Post Office. City Center
Park and so forth and perhaps in this particular area, because the ownership, at least at this
point in time seems to rest with the HRA, you know they also put some interesting
opportunities there to further enhance our civic center. So I had the opportunity to go to a
couple of the meetings. I know Nancy's probably, I think Nancy and Jeff went.
Mancino: In fact I just got a mailing from the last meeting and I would urge everybody to
attend on the Planning Commission and one of the things that we're looking at as an ad hoc
committee for 2002 is making this area, the city center, and I mean it was even brought up
_ maybe in this particular site is a public library. That may work out. I mean obviously the
committee has not come to any conclusions or recommendations but they are in the middle of
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Planning Commission Meeting - February 16, 1994
doing this. So it might be wise to listen to those much like the Highway 5 task force. To
wait until the Vision 2002 committee gets done and makes recommendations to the Planning
Commission and City Council because they're going to take the whole central business
district as a whole and look at it and do some site analysis.
Scott: And also too to say, here's something that's on the table for this particular site.
Mancino: Well there are lots of citizens involved. There are professionals involved and I
think that the HRA is the one that's funding Hoisington to facilitate all this. So it's a very
real thing that's going on right now and it's addressing a central business district as a whole.
Scott: And I think we've got a very strong tradition of taking our ad hoc committees, citizen
committees extremely seriously. But then again what we have to do, what I've seen too as
when there's an ordinance in the works, we always have worked with our applicants to say,
it's not here today. We don't know precisely what it's going to be but these are the things
we can count on for sure and guide them that way. Any other, anybody else from the
audience wish to speak on this particular issue?
Vernelle Clayton: Did you want to see the elevations?
Bill Brisley: Do you want to see something about the other building?
Farmakes: Yes.
Harberts: But we're done with Wendy's at this point right?
Scott: Yes. Okay, let's move on to Edina Realty.
Harberts: Well it's coming back on March 2nd?
Scott: Oh yeah. We're not going to be making any recommendations this evening anyway.
Bill Brisley: ...I'm an architect employed Amcon Corporation...and specifically tonight for
the proposed development by...I was charged by the developer to create a modular, highly
flexible and...rental space to accommodate different combinations of retail and office service
businesses over the useable life of this building. Lease terms are relatively short in this
market, 3 to 5 years so the design of the building must accommodate frequent changes as
they inevitably occur. At the same time...aesthetic influences in the context of this downtown
area, my mission was also to create an architectural link between the shopping center, of
which this lot is a visible and legal relative, and an emerging Chanhassen city image defined
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Planning Commission Meeting - February 16, 1994
by the new project such as the Country Suites, Medical complex, the apartment building
behind that, the bank across from Festival Foods, Brooks, and the older traditional landmarks
such as the steeple church and some of the main street homes further east. The PUD
agreement governing this lot also stated that the building should be compatible with the
Market Square shopping center which, from a massing point of view, was a combination of
gable and flat roof systems. What has emerged as a result of these ingredients is a small
Chanhassen compatible building with a moderately high pitch, being 8 1/2 to 12. 8 1/2 to 12
pitch hip roof or main roof with 6:12 12 gabled gables punctuating that roof for visual relief
and aesthetic interest. The shingles are asphalt type and as used on most of the buildings or
pitched roofs in downtown Chanhassen and are to be a green color to match the green used in
the shopping center coping metal. Samples of the actual shingles will be submitted to staff at
the time of construction to verify compliance with expectations of this concept. The gabled
dormers...adjacent shopping center details. The gray lapped siding, white with trim around
the windows and dark gray rock face foundation block sills under the windows came directly
from the...and are specified to match the materials and colors of Market Square directly.
Square punched, four pane horizontal and vertical...windows on all four sides of the building
help to create a shop like vernacular as opposed to the typical linear store front kind...of most
commercial strip shopping centers...On Monday of this week Chanhassen staff requested that
the longitude in the walls be further broken for visual relief and the aesthetic interest by
offsetting them outward 2 feet is actually what we came up with. Not one. The corregation
with the gables. This effect is apparent in the enclosed computer model of the building. If
the Planning Commission's reaction is positive to this, I will be rendering a larger version of
these pictures with trees, people and cars for the subsequent meeting. Can I answer any
questions?
Scott: Any questions or comments?
Farmakes: What is the darker gray on the illustration that you passed out is the masonry?
Bill Brisley: That's the rock faced masonry.
Farmakes: And the lighter gray is the clapboard?
Bill Brisley: The clapboard and the white verticals are the 6 inch trim that goes around all
the windows.
Mancino: Windows are all the same size?
Bill Brisley: They're the same size.
Farmakes: If we were looking at this building then in it's true form, on two sides of the
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Planning Commission Meeting - February 16, 1994
building then would be the sign runners as per tenant, correct?
Bill Brisley: Right.
Farmakes: In the smaller area between the roof and the windows?
Bill Brisley: Right. That might be Edina Realty...Right now we're looking at about three
tenants.
Harberts: For the whole building?
Farmakes: In your revised perspective detail, this would be on both the north and the south
part of the building that we would be looking at or would it also be on the east and west
section?
Bill Brisley: The signage you're talking about?
Farmakes: Where it comes out a couple of feet?
Bill Brisley: No, no. On the end it cannot do that because we don't have that kind of slope.
Farmakes: Okay. So this would be on the north and south end of the building?
Bill Brisley: North and south. More of the gables...Actually the gables themselves could
protrude on the end. It's just that the wall can't go out because we're light against the
setbacks.
Farmakes: When the PUD from '89, was the overall covenant that was in place for
downtown development, where the...line, I think it was consistent or...There's a line where the
development has to be, I'm forgetting the catch word that's used.
Al-Jaff: Compatible?
Farmakes: Compatible, yeah. Is that it? Besides this PUD, isn't there also an overall
downtown development ordinance that also uses that word?
Al-Jaff: Yes. And it's basically downtown architecture is what it uses.
Farmakes: Okay, but in the terms then of Market I and the PUD out of '89 for Market I,
ignoring the overall ordinance for downtown, compatible would be same as then as Market I,
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Planning Commission Meeting - February 16, 1994
right?
Al-Jaff: Yes.
Farmakes: Okay. So the intent here was to replicate some shape or form of Market I? To a
certain extent you're nodding your head. Was that as part of the assignment?
Bill Brisley: That, was I intending to do that? No I wasn't. I was trying to pull parts.
_ Ingredients as I described from Market I and downtown. Market I details are kind of difficult
to put on a very small building. Market I, a lot of the expression on Market I came from the
fact that they are very large squares. Large boxes. And flat roofs. It would be easy to do if
it were a flat roof, just pitch up...entryway but.
Farmakes: In '89 was the interpretation of that line, that the building should be of a like
quality within a development or that they physically should represent one another.
Al-Jaff: We wanted architectural elements that were similar to the overall PUD agreement.
The standards that were set for Market Square.
Farmakes: Okay, so similar in detailing. Similar in not just cost per square foot but similar
in, it looks like an extension of the building in other words?
Al-Jaff: Yes. It looks like an extension. It doesn't have to be a duplicate of the existing
— building but would have to have some similarities.
Mancino: Then you're just talking about compatibility.
Al-Jaff: Yes.
Mancino: So you're talking about compatibility. It doesn't have to be similar in the
materials you use or anything but it has to be compatible with what's in Market Square I?
Okay. So we could go to full brick here and not clapboard or etc? I mean we have some
versatility?
Al-Jaff: Yes, you do.
Mancino: Okay.
Vernelle Clayton: Do you want the language? "Designed with proper building materials so
as to be architecturally compatible with the shopping center."
44
Planning Commission Meeting - February 16, 1994
Mancino: So we get compatibility.
Richard Wing: What was the date on that?
Vernelle Clayton: All of these documents were executed on February 2.8, 1992.
Farmakes: Now is that the ordinance for downtown that you just read or is that for Market,
the PUD for Market Square?
Al-Jaff: This is Market Square.
Farmakes: Okay. Why is that dated '92 and not '89?
Al-Jaff: That's when those documents were recorded at Carver County.
Farmakes: Oh I see. So the ordinance was recorded at that point, okay.
Scott: Any other questions or comments? Okay. Would anybody else like to speak about
the Edina Realty portion? Okay, thank you very much. Yes sir.
Richard Wing: Can I just make?
Scott: If we can hear you. I want to make sure we get you as part of the public record.
Richard Wing: Richard Wing, 3481 Shore Drive, Chanhassen. The on:y thing I wanted to
just comment on, as I listen to the last couple of seconds of this was ty:ng this into the
existing Market Square. And I remember vividly, not only here but at the Council and
particularly HRA, that Market Square caught some real heated demand and we had just _
started to move into the thinking of the 90's and new development standards and new quality
standards and HRA took some heat for just simply running this thing through. There was I
think some talk at the very beginning of scrubbing it because let's not make a mistake. And -
in fact Market Square was built and some of the design standards such as the little parapets
and so on were added at the last, the last second as a knee jerk reaction to try and get this
thing through and the developers were concerned about dollars and we couldn't redesign it
but yet we knew we really wanted to redesign it. I remember distinctly those discussions
here. Towardstthe very end and it went in but the thinking of the 90's started to take over
and that's been well represented by what's occurring in the city now and our standards are
increasing dramatically and we're not even close to being finished yet. We should have
ordinances on line where we don't even have to discuss these issues. They're just so
demanding that as people come into Chanhassen, in this growing market, they're pretty clear
45
Planning Commission Meeting - February 16, 1994
cut. Like Highway 5's going to demand glass, brick or better. So I'm very concerned that
there's discussion of trying to tie this into what I believe, and I think we documented it, was
thought to be a mistake. The old school. The old thinking. It's colors. It's architectural
style. It's roof lines, etc. To tie these buildings into that existing Market Square to me is
another mistake that I don't think we need to make so I guess I hope you can start to discuss
this as a separate entity that has quality and architectural standards and design that far exceed
what's there at Market Square now. I don't want more buildings that look like that and I'm
going to be very sensitive to those issues. So I think we're on the wrong track design wise
for that corner and it's premiere position. But just the history I think on the record with, I
think I'll hold my comments. I hope I'm not, I may be talking off the record but nonetheless
from the heart and to the best of my judgment that those comments were pretty prominent at
that time. But I think on the record, I think everybody involved said, well if we could just do
this again or if it wasn't so far along...and put a little different coloring on it. A little
different architecture and protect it from the highway a little bit more. Bill Morrish kind of
came in and went ooh. Just what we're trying to get away from you're doing, but it was
done. So let's not do it again.
Farmakes: What I was trying to determine here Dick is what commitments the City made in
'89 to this particular PUD development as an outlot or extension before we critique what's
before us here. As I understand it, the city owns the property and there's a contractual
purchase agreement of some sort.
Richard Wing: To the best of my ability, from what I've been able to learn, I think there's
some knowledge that there was considerable concern at the end of the last Council meeting.
And basically what's going on and who's driving and who made these decisions and where
are we going and this is our pivotable corner. I tried to get that out 5 times...had to spell it.
Pivotable corner. Premiere corner. Extremely sensitive corner. City Hall. City Park. Well,
you spelled them all out. So you're talking colors and parking lots and whether a boat trailer
will fit in there. We're talking land use...who owns it. What's going on and where do we
want to go with it. And I think those will be real significant issues coming up on the 28th at
the City Council and probably part of the planning, a separate plan meeting to discuss these
issues. So am I for or against, I wouldn't address that other than there's some very sensitive
issues here and it's kind of an all or nothing situation. Either we let this go and develop the
way it is, or we buy it for public use. I guess as far as, to answer your question Jeff. To my
knowledge right now, we have an option. They have an option or they have a purchase
agreement to buy for a pri-': „ use. _f they can find a private use for that land, they have first
option, first order to purcha.:e that property. However, if the city should elect to take it for
public purpose, non-defined public purpose, we then would have to come up with another
$1.00 a square foot and buy it back, which I believe we have the option to do. There's a
major escape clause there for the city to take it for public use.
46
Planning Commission Meeting - February 16, 1994
Farmakes: Some of these issues, I'm sure you may know, are covered in some of the work
that was done for Highway 5. How they interplay with this particular application I think is
pretty significant and I'm fairly comfortable that my questions have been answered with
regards to what was committed in '89 versus now. Although you may take that up in more
detail with the Council.
Richard Wing: Another option you have is to buy the property so that it's all or, we win.
You know we want it all and then say we have a little higher standards than we thought.
We're willing to renegotiate this and we own the land now. Very valuable land...for
something better or more significant. I guess before I'm willing to get excited here about this
issue one way or the other, I really want to know for sure who owns it, where it's going and
are there options and what are the land use, the best land uses there. I'm not real impressed
with what's being offered considering the importance of that corner and the value of that
corner. I'm not real impressed with the quality of the buildings, the de>ign of the buildings,
and I guess the other issue that came up at Council is fast food locations. We've discussed it.
We've been worried about it. We just got done with the automotive is<.,ues. So there's a lot
of wheels turning here and it's really unfortunate. I think that these people certainly have
some rights...I don't want to see this tied into what I feel is sort of a haphazard occurrence
that occured in the 70's and 80's when we got Market. I don't like...
Vernelle Clayton: I need to respond to a couple things because he has stated he doesn't like
gray. I mean I can say I don't like brown but at this point here...when it gets to the Council
it makes a difference...We get a lot of comments, very favorable comments of what Market
Square looks like so while there was...example the back side in terms of how that might look
and we added extra trees to hide it, we made some accommodations to the city and the lot
and so forth which everyone, including in the city would know...but we've gotten a lot of
very favorable comments on how Market Square looks. And a lot of people really like the
gray. The other thing is, I think before we start using the argument that we can do this with
the property, meaning the city, or not, you must get clarification from the attorney because
it's very clear in the documents. It specifically says, if the HRA gets a third party offer. In
other words, you decided to put something else on the property...Bloomberg can match it. So
it isn't, you can't just say hey, we're going to change our minds here and tell these people
they can't do what they want to do with their property. It's not that simple. The other thing
is, you do have to be careful these days that...do constitute takings and so you need to be
thinking about that and you don't, because you don't make that decision. I had a third point.
Oh, the other thing is is that, I guess I find it a little offensive to say that we had knee jerk
reactions. I wasn't directly involved in the architecture. Bill was and tie was just shaking his
head back there that the parapets that we added were not added at the last minute and were
not knee jerk reactions and they were part of what people seemed to like about Market
Square. The other thing, and then I won't say any more, is that Paul mentioned to you earlier
47
Planning Commission Meeting - February 16, 1994
with respect to the use of the property and the architecture...were governed by the PUD is a
contract. You have a contract with us and we have a contract with you and that contract says
that these buildings will be compatible. So we have to try to do the best we can under the
circumstances and we, I think demonstrated that we're willing to make changes and that sort
of thing. All and all, it all comes down to what the public can bear. If you add things that
end up costing thousands or hundreds of thousands of dollars to the building, either it won't
be built or it will be built and tenants will come there...and they'll have to pass onto, it's
not... economics but it's very real. If a building costs more, the rents are higher and the...We
all want something nice here but we also want it to be...impact on Market Square. A library
just doesn't cut it. You can say for example, you can look, if you don't believe me, that it
doesn't bring the traffic that it needs. Or frankly...I don't think the city, people in
Chanhassen are very excited about coming to a city park that is no activity. If you wanted a
park without activity, you go to the country. If you go to a city park, you want activity. You
want people. You want lights. You want action. That's what we're trying to provide, not
only for the whole synergy of the downtown but also for Market Square...but we think this
can be done well. We'd like to work with you and cooperate with you. Oh I know the point
I lost. That I share the...library. It doesn't bring traffic. It's quiet, somber and the proof of
the putting is, look at the State ordinance and look at the parking requirements. The ones with
the most traffic have the most stringent requirements...1 car for every 50 square feet. Retail
is 1 for every 200. Office is 1 for every 250. I can't remember library but it's less than all
of those. So that kind of makes that point. We need to have a viable downtown and just
because... we'd like a library on our most important corner doesn't mean that that's what the
city should...Well I've worn out my welcome so.
Scott: Why don't we in the next 10 minutes maybe give general comments for the applicant
and then we continue this public hearing. Then we can go from there but at least give them
some formal feedback. Who'd like to start? Well I can. In my mind, as I mentioned before,
I think I'll just quickly summarize some of my thoughts. In my mind, having gone through
the Highway 5 task force, I felt that was city non-government at it's best where you have a
group of non-elected, non-appointed people in an ad hoc type situation, take an extremely
weighty task and coming up with some very viable and well rounded standards that quite
frankly, as a Planning Commission we passed on to City Council with a few minor changes
but nothing major. I think we have a similar situation with our Vision 2000 and I think it's
important because of there's the viability of the downtown. There's the view of it, and we all
understand what Vision 2000, or at least those of us who are in the city and have been
= involved with the process. That's something that I personally take very seriously and paying
close attention to that over the next 3 weeks because obviously we're going to see this again
so. I have questions about the property and what it should be used for. I would also want to
go on record personally, and if any of the other commissioners would like to second this, is
that if the, if indeed the HRA does own this property, which I believe they do, that we would,
48
Planning Commission Meeting - February 16, 1994
I would personally be very upset if it changed hands within the next 3C days. And that's my
personal opinion. Anyway, next.
Harberts: Are you insinuating that if there's elected officials on the HRA that they may not
want to consider running again?
Scott: No. I have nothing to do with that. I'm just saying that because of the sensitivity of
this particular property and the ownership position that the city has in it right now, that I'd be
very upset if it changed hands.
Farmakes: I'll make a couple of comments. The reason I was again asking questions in
regards to ownership of this property. Whether or not HRA was makir.g a commitment to it.
The city's been a partner, maybe not in the legal sense but. I shouldn': say partner. I should
say catalyst would be maybe the correct word to this development from it's inception. As
one of the applicants said, the city in a way took the place of a bank getting this thing off the
ground, as a development. Market one. And obviously there are some self interests to
redevelopment of downtown at that time. Trying to bring Chanhassen into some form of
viable downtown. In doing that I guess obviously the city becomes a cirection or force
within that. It seems that at times when necessary, the city's a welcome partner and at other —
times, they seem to be accused of interfering. I don't think they're interfering with this
situation. I think that this junction that we have here is the pivotable area in the city. If the
city makes an investment to pilatzo or city square or whatever this is in the back yard here of
the City Hall area. It's obviously going to be a gathering place. A center to gather for
whatever city functions we have here. The property that we're talking about, as far as the
office building will be adjacent to that. When I saw the Byerly's development that came in
here, and I looked at the square foot type of development that was proposed there. I had to
say that I had hoped that that would be the type of quality building than we would see
adjacent to that property. Something with stone and something that followed along the lines
of what we had been working on the Highway 5 task force with architectural requirements
and that would be part of that ordinance. I find this particular building lacking in that. I find
these gables way disproportionate to the shape of the building. I can see, it seems as if it's
again thrown out as a problem to a solution perhaps in negotiations talking about the function
of the building. If I take the dormers away, coincidentally enough, it looks very similar to
the church that was proposed for the industrial building. Or industrial zone. Obviously per
square foot cost is the way you start out a retail building and the problem I've always had
with what we do is our office buildings are quasi retail buildings. There's not much of a
difference between the two. It could be a doctor's office and it could to a video, it seems to
me as an issue of planning that that's very convenient for the developer but it's not very
convenient to plan a city and it seems to me we plan a city beyond 3 to 5 years that was just
mentioned for the expectation of a retail tenant. We have to plan for beyond that and
49
Planning Commission Meeting - February 16, 1994
although I think that it's true, what we add to these buildings by demanding these things is
going to cost money. In the end in any business, that expense is returned to the consumer.
That's true. I feel that in the end that's a good investment. It's an investment in our
community here. I don't think that having basically an extension of the strip mall adjacent to
that corner is what we should do there and I'd recommend that the city not pursue that and
that they pursue a quality building on that corner. And if that means 5 years from now, that
means 5 years from now. In going over to the Wendy's building, actually I have to say I was
more impressed with the Wendy's building than I was with the office building, which is a
surprise that I saw a fast food building that impressed me more than the office building
adjacent to it. There are a couple of things that I would make comments on in that building.
The red striping I think is inappropriate and is not compatible with the surrounding
development as far as accentuating the architecture with it. Right attractive. I understand the
reason for it. In a competitive situation where you were surrounded by 12 other fast food
franchises, as they are in the Prairie mall over in, down the street here. You've obviously in
a different competition for sight from the streets and from potential consumers. You don't
have that problem here. You've got no competition. You've got cars that are going by at 25
mph and they have stop lights in front of you, or by your operation or where it's proposed. It
would seem to me very sad for us to get into a fast food franchise here that would pursue
bright garish colors as part of the architecture. It would seem to me to be incompatible. I
know as a citizen I wouldn't want to see that in our downtown. Now there may be issues of
legality here of the gray area between what is signage and what is architectural taste. Again,
the Highway 5 ordinance deals with some of that as an ordinance in defining the difference
between them. The actual signage package that you're proposing, it seems to me to be fine.
It's a moderate package is what we're looking for here. We're not trying to exclude
businesses from having packaging for signage. But we want a moderate proposal. We think
that's sufficient. If everybody has a moderate proposal, we think that you'll be seen.
Nobody's going by at 50 mph through here. Your position is too far away from the highway
to have a reasonable expectation that that brightness is going to be seen from the highway a
couple blocks away. So I certainly think, if you relooked at that, either as carrying the green
to the trim from the gabled or from the pitched roof, or picking up burgundy or something
from the Market Square development on it, that would be far more palatable to me. I like the
use of your stone and that looks quite good. So I'm trying to be constructive here with this
plan. I'm not sure that that's the location for a fast food development, although I am not sure
also, and the Council may want to look at this, of the viability. That if it's not a small
business, what small free standing business outside of that lot is going to be viable. If an
office building goes in there, is it going to take up the entire lot versus the split and I'm not
sure that that's a feasible market situation. But the city being the owner, they may want to
_ decide whether they want to put their money where their mouth is. I'm trying to come up
with something constructive to the office building here. I can't. I think it's, originally the
Americana Bank building was proposed for that area. I thought it looked like a prison. I
50
Planning Commission Meeting - February 16, 1994
think this looks like the guard barracks, and I'm not trying to be facetious but I think the
same things are in place. It's not trying to be anything more than what it is. It's trying to be
a retail extension that could be used as office and that's what we've got here. We've got a
square foot cost for a strip mall extension. And I think that that's not what that site calls for.
That's it.
Scott: Okay. Ladd.
Conrad: Just two comments. One, I think the area does need, or Market Square needs more
additional support in terms of retail or office. I think that just creates, [ think that's important
for this area. And the other thing is, I just want to make sure we handle this like a PUD.
And I made those comments already. I want to make sure we're connected. I want to make
sure staff has really thought out all the problems that we've heard of over there in terms of
traffic, and I assume they have but I just need that sense that we're solving problems. Not
creating more problems. That's all.
Harberts: Well I would basically concur with the comments of Jeff and Ladd and I have to
agree too with regard to, I think I'm hearing there needs to be some kind of traffic generator.
I'm having a real hard time though seeing the, I like Wendy's but I'm ust, I'm just not very
comfortable that it fits in what's being proposed with this and it's just the whole traffic
circulation and I think I would encourage staff also to the pedestrian elements here. That
came through loud and clear with the citizen input. But I'm just uncomfortable from that
traffic flow so I'm not very content that it's, maybe it's too much with what's being done. I
have to agree with Ladd that I think there needs to be another traffic generator there and it's
going to certainly enhance the mall but I'll just leave my comments at that for now. -
Mancino: And I don't have too many new ones. I just want to say again how much I 100%
support, I mean I don't know what needs to really go at this corner. I :mean I can't tell you
whether a Wendy's or an office building does. I do know that I do surport what the Vision
2002 is doing and I would like to keep them focused on looking at the downtown as a whole
and getting back to us with their recommendations and that is from the citizens that are on
there, from professionals that are on there and I just know how important it was for me, what
I learned on the Highway 5 task force, and it's a lot of people putting in valuable time and
it's not citizens just listening to professionals. It's them asking the good what if questions
and saying what they want to see in their downtown and having some input. And if we cut it
off now, it's kind of like you know, here you've got me on this committee. I'm giving all
my volunteer time and yet you're going to go ahead and just continue developing the
downtown. Can't you wait for us to get done and make recommendations and whatever those
recommendations are. I don't know what they're going to be but at least it gives us, the
Planning Commission, which we are supposed to do is planning and we can look over their
51
Planning Commission Meeting - February 16, 1994
recommendations and then go further. So I would, I'm just 100% in support of that.
Farmakes: I forgot to mention one thing in my comment. I want to make a constructive
criticism on the office building and I forgot to do that. Burnet Realty is building a free
standing building on Highway 5. The quality of that building stands out greatly from those
around it. I think that the buildings around it are very typical of strip mall type buildings. I
think that the Burnet Realty building that they're building there is not and that's my example
of, you know it's kind of quasi Georgian, classic design. Nice materials. When you look at
_ that building, it stands out. I think that that's what we're looking for here. That's what I
think belongs there.
Scott: This item will be continued at our next meeting.
APPROVAL OF MINUTES:
Scott: Can I have a motion to approve the Minutes of the last meeting?
Mancino: So moved.
Scott: Can I have a second please?
Harberts: Second.
Farmakes: I have Minutes of the old meeting. I do have a correction. They had me saying
it cost $18.00 to house an institutionalized...situation. It should be $18,000.00.
Scott: That was $18.00 a minute.
Farmakes: That's on page, I don't have pages numbered. If you could amend that from
$18.00 to $18,000.00.
Scott: So noted.
Mancino moved, Harberts seconded to approve the Minutes of the Planning Commission
meeting dated February 2, 1994 as amended by Jeff Farmakes. All voted in favor and
the motion carried.
Scott: Excuse me Sharmin, do we have a City Council update? Councilman Wing gave us a
bit of an update but I understand that we have a new commissioner, Ron Nutting. I did speak
with him last night and invited him to come to our. Yeah, he was the fellow with the finance
background and who had some, actually worked for Trammel Crow for a number of years
52
•
C I T Y OF PC DATE: 3/2/94
�,G C 11 A I' 11 A CC DATE: 3/28/94
CASE #: 94-1 SUB
By: Aanenson:v
STAFF REPORT
PROPOSAL: Preliminary Plat to Subdivide 19.7 Acres into 27 Single Family Lots and 2
Outlots, Variance from the Flag Lot Setback for Lot 8, Block 2 and Lots 11 and
16, Block 1
Q LOCATION: East of Minnewashta Parkway and South of Highway 7 and North of Lake
C.) Minnewashta
APPLICANT: Kenneth Dun Rick Sathre
U... 4830 Westgate Road Sathre Bergquist
Minnetonka, MN 55343 106 South Broadway
Wayzata, MN 55391
PRESENT ZONING: RSF, Residential Single Family
ACREAGE: 19.7 acres (gross) 17.2 acres (net)
DENSITY: 1.4 u/a (gross) 1.5 u/a (net)
ADJACENT ZONING
AND LAND USE: N - Hwy. 7 and RSF
S - RD, Recreational Development - Lake Minnewashta
aE - RSF, Minnewashta Shores
Q W - RSF, Fire Station
WATER AND SEWER: Available to the site.
F. PHYSICAL CHARACTER.: The site is below the elevation of Hwy. 7 where it is relatively flat
There is a significant grade change where the site drops over 3(
feet toward the lake. The are a large number of high quality o
trees on the site.
2000 LAND USE PLAN: Low Density Residential
M nnewashta Landings
March 2, 1994
Page 2 —
PROPOSAL/SUMMARY
Ken Durr is proposing to develop a 27 lot single family subdivisior... This subdivision is
proposed to be a part of the 1995 "Street of Dreams." This will be an up.;cale development with
larger homes. The property is bounded by Highway 7 and Lake Minne washta. Access to the
site will be via Minnewashta Parkway. The plat proposes vacating the Ironwood access to
Highway 7 and provide access to the 4 homes it serves via this plat.
The lots adjacent to Lake Minnewashta meet the DNR shoreland regulation of 20,000 square feet.
The remaining lots exceed the 15,000 square foot minimum requirements. The applicant is
requesting a variance from the side yard setbacks on 3 flag lots. The ordinance requirement for —
flag lots is 20 foot side yard setbacks and the applicant is requesting 10 feet. Staff is
recommending approval of the variance for the following reasons; all of the lots are well over
the minimum requirement; it provides for tree preservation and a greater setback from the storm —
water ponds.
There are significant trees on the site and the subdivision plat has worked to provide the most
preservation. Some trees will be lost along the ridge on the northern edge of Block 2. Staff is
asking for more grading detail to ensure minimal tree loss. A landscaping plan needs to be —
developed for Minnewashta Parkway and Highway 7.
A beachlot is being proposed for Outlot A. The lot meets the standards but a separate
conditional use permit application will be required. This subdivision is well conceived and staff
is recommending approval with the conditions in the staff report.
PRELIMINARY PLAT
The applicant, Kenn Durr, is proposing to subdivide a 19.7 acre site into 27 single family lots
with two outlots. This plat contains 4 separate underlying parcels of land. At one time there
were 3 homes located on the site. Currently, there is one home on the Property. This home is
vacant and will be removed from the site. —
The applicant proposes that this plat will be part of the 1995 Street of Dreams. All of the lots
adjacent to Lake Minnewashta must meet the shoreland regulations which requires a minimum
of 20,000 square foot lots with at least 75 feet of frontage. The city's subdivision regulations
requires 90 feet of lot width at the street. All but one lot meets this requirement. Lot 7, Block
2 only has 60 feet of lot width at the street. The lot can meet the lot width standard by —
redesigning Lots 6 and 7 of Block 2.
The plat proposes direct access to Minnewashta Parkway via a 1,350 foot long cul-de-sac. The —
remaining lots will access off of a 900 foot cul-de-sac. To the east is Ironwood, which is a
private street. There are 4 homes that access Ironwood directly from Hwy. 7. Staff and the
Minnewashta Landings
March 2, 1994
Page 3
applicant have met with the Ironwood residents to try and resolve whether to have access through
this plat and eliminate the Ironwood access. It is MnDOT's objective to try and eliminate the
access points on Hwy. 7. Through negotiations with the neighbors, it has been worked out that
— those 4 homes that have access off of Ironwood will now have an access via an outlot (30 foot
right-of-way) onto the main access drive with a long cul-de-sac (Landings Drive) for the Durr
plat . We feel that this makes a lot of design sense by trying to eliminate the access point on
to Hwy. 7 for safety reasons. Although it does create a cul-de-sac longer than we would
normally like, we feel the safety issue overrides the length and also since there will be a light
at Minnewashta Parkway and will have conflicting traffic movements at Ironwood and
Minnewashta Parkway. A cross access agreement needs to be established between the applicant
and the residents of Ironwood for the use of Outlot B.
PLAT
The average lot size for the subdivision is 25,100 square feet. The smallest lot is 16,500 square
feet. There are two outlots with the plat. Outlot A will be a beachlot. The applicant is not
requesting a beachlot at this time. If a beachlot is desired it would require a separate conditional
use permit application. Outlot B will be the easement for the access to the 4 residents off of
Ironwood.
The applicant is requesting a variance from the flag lot side yard setback requirement of 20 feet
on Lots 11 and 16, Block 1 and Lot 8, Block 2. They are seeking 10 feet. Staff supports the
variance on Lot 8, Block 2 for tree preservation, Lot 11, Block 1 because of steep slopes and Lot
16, Block 2 to provide setback from the pond. This area has a high water table.
There are some possible well and septic sites that we have asked to be checked. If they are
located they need to be abandoned. There also is a water tower on the site that needs to be
removed.
LANDSCAPING AND TREE PRESERVATION
A tree survey has been prepared for the site. The plat has been designed to provide for
maximum tree preservation of the high quality trees. The largest trees, maples at 44" and 40",
are adjacent to the entrance road and Minnewashta Parkway. Tree wells may be required for
both trees which are proposed for preservation. There are numerous large cedar, oak, popular,
ash, walnut and cottonwood on the site. There are two large cottonwoods, 49" and 52", adjacent
to the lake that will be saved.
The majority of the tree loss will occur along the ridge of Block 2. Final grading plans should
be addressed by either custom grading or grading with the street and how they will preserve the
trees, i.e. retaining walls, snow fencing, etc.
Minnewashta Landings
March 2, 1994
Page 4
The plat proposes a larger berm along Hwy. 7 to mitigate impacts of the highway from the
development. Landscaping plans for this area, as well as streetscape along Minnewashta Parkway —
needs to be provided.
STREETS
The site has a couple of gravel driveway accesses from Minnewashta Parkway and Highway 7
which used to serve a couple of cabins on the property. These driveways no longer function as
viable access points to the site and should be removed. Ironwood Road, a private street which
borders the east side of the site, serves four private homes. The applicant is proposing to develop
the site with one access (public street) from Minnewashta Parkway. The street as proposed will
be a 1,340-foot long dead-end cul-de-sac along with a private driveway at the end (Oudot B) to
serve the four existing homes which used to gain ingress and egress to Highway 7 from
Ironwood. As with every development with dead-end cul-de-sacs in excess of 500 feet, staff
looks for a secondary access for public safety purposes. However, due to Highway 7, access is
limited to Minnewashta Parkway. In surveying the surrounding street systems, Linden Circle to
the west and Meadow Lane to the north all have similar street layouts. Staff had explored the
possibility of extending the cul-de-sac out to access Highway 7 with a right-in/right-out only.
However, this may create a short-cut or bypass from local traffic from Minnewashta Parkway in _
an effort to avoid the existing intersection of Minnewashta Parkway and Highway 7. MnDOT
is also considering some safety improvements within the next two years along Highway 7 such
as turn lanes and closing off access points. MnDOT would not look favorably on having another
access so close to Minnewashta Parkway.
All of the streets within the proposed development will have 60-foot wide right-of-way with a —
31-foot wide street section and cul-de-sac with 60-foot radiuses which meets the City's standards.
The street grades range from 1% to 7% which also meets the City's ordinance. The applicant
is proposing medians along Landings Drive at the intersections of Landings Court and also
Minnewashta Parkway. In addition, both cul-de-sacs propose center :islands as well. Staff
understands the applicant's intent for a median at the entrance to the subdivision (Minnewashta
Parkway) for monumentation purposes. However, staff is opposed to the other median at
Landings Court. Staff believes this serves no function other than a green space and creates a
traffic hazard restricting turning movements for eastbound traffic from Landings Court. This
intersection should be redesigned to be perpendicular with Landings Drive and the median —
deleted. Staff is also opposed to the island design proposed in the cul-de-sac at the end of
Landings Drive. We believe the current configuration will lead to cor fusion for ingress and
egress to the private driveway through Outlot B.
Staff has reviewed the proposed access from Minnewashta Parkway and finds the sight lines
acceptable. Staff would be interested in seeing the alignment of Landings Drive and
Minnewashta Parkway refined a little bit to provide more of a perpendicular intersection in
accordance with the City's ordinance. We understand the topographic constraints, i.e. grades and
Minnewashta Landings
March 2, 1994
Page 5
trees, etc., but we feel the street could be further adjusted to accomplish staff's view and still
maintain the 44-inch maple tree located in the northeast corner of the proposed intersection.
Since Minnewashta Parkway is classified and functions as a collector street, staff recommends
a condition be placed in the development contract that all lots shall take direct access from the
interior streets and not Minnewashta Parkway or Highway 7.
Detailed construction plans and specifications prepared in accordance to the City's latest Standard
Specifications and Detail Plates will be required for the street improvements.
Minnewashta Parkway was recently upgraded to urban street standards. The project resulted in
special assessments to the benefitting properties which include this parcel. The assessment
methodology for the project was based on an estimated number of buildable lots on the
undeveloped parcels. The City has calculated on this parcel which involves the westerly one-
third of the site seven assessable units. The assessment rate is $760 per unit. Since this site has
only the one access (Minnewashta Parkway) the applicant should be responsible for 20 additional
units. The property is currently assessed at this time for one unit and the remaining six are
deferred until development occurs.
According to the boundary survey, Minnewashta Parkway encroaches into the parcel. Staff
recommends that the final plat be adjusted to dedicate a total width of 33 feet of right-of-way
from the center of existing Minnewashta Parkway along Lots 5 and 6, Block 1.
GRADING AND DRAINAGE
Except for the south end of the site where the lots drain directly into Lake Minnewashta, this site
will be mass graded to elevate the houses above the known high water table. Upon preliminary
review of the plan the following issues should be considered:
1. Additional easement dedication along Minnewashta Parkway and future plans for
Highway 7 should be verified. No berming or landscaping will be allowed within the
right-of-way.
2. The lowest exposed floor or opening elevation of the rambler house located on Lot 12,
Block 1 should be a minimum of 2 feet above the 100-year high water level. This may
raise the house elevation to 971 or greater requiring a very steep driveway. Staff
recommends the applicant reevaluate this and consider the use of draintile around the
exterior house foundation. The draintile should be connected to the proposed storm sewer
along the property line.
3. The houses south of the access road along the lake should be a minimum of one foot
above the road elevation. All low points should be located between lots to route overland
Minnewashta Landings
March 2, 1994
Page 6
flow around the houses. Also, catch basins should be located at the low point between
homes to help route surface flow away from lots. For example, it is recommended that
a set of catch basins be located in Landings Drive between Lots 3 and 4 and Lots 5 and
6 of Block 1. In addition, property grading contours need to be shown for Lots 1 through
8, Block 2.
4. The proposed stormwater ponds must have side slopes of 10:1 for the first ten feet and
no more than 3:1 thereafter for safety and water quality purposes.
5. In conjunction with the overall site development Ironwood Road, which is a private
driveway from Highway 7 and serves four homes east of the development, is proposed
to be relocated to attach to the cul-de-sac via Oudot B. In doing so the driveway
entrance for Ironwood needs to be removed from the Highway 7 right-of-way. In
addition, a drainage culvert will be necessary to maintain the neighborhood drainage from
the east of this development into the easterly proposed pond.
UTILITIES
Municipal sanitary sewer and water service is available to the site. Water is proposed to be
extended from Minnewashta Parkway and sanitary sewer currently intersects the property adjacent
to Lake Minnewashta.
Upon a quick review of the utility layout it appears that fire hydrant placement will need to be
revised. The fire hydrant spacing shall be in accordance with the City Fire Marshal's
recommendations. Typically, fire hydrants are located 300 feet apart.
Detailed construction plans and specifications for street and utility improvements will be required
for reviewed by City staff and City Council approval. The street and utility improvements shall
be constructed in accordance to the City's latest edition of the Standard Specifications and Detail
Plates. The applicant will be required to enter into a development contract with the City and
provide the necessary financial security to guarantee the installation of the public improvements
and conditions of approval. As with other typical City developments, rnoisture content in the
soils is relatively high and the City has employed the use of drain tile behind the curbs for
improving both road sub base as well as providing a discharge point for hDusehold sump pumps.
The drain tile would be needed on those lots which are unable to dischErge into either a catch
basin or ponding area. The appropriate drainage and utility easements should be dedicated on
the final plat for all utilities and ponding areas lying outside of the right-of-way. The drainage
and utility easement width shall be a minimum of 20 feet wide. Consideration should also be
given for access for maintenance of the ponding areas.
Since the site has had previous cabins/homes, it is most likely there are existing wells and/or
septic systems which will have to be properly abandoned.
Minnewashta Landings
March 2, 1994
Page 7
LAKE/WETLAND
Lake Minnewashta is a Department of Natural Resources (DNR) protected water (10-9P).
Therefore, development around the lake will have to meet the DNR's shoreland ordinance
requirements. The lake is designated as a recreational lake and this requires a minimum structure
_ set back of 75 feet. Alteration of vegetation and topography shall be regulated to prevent erosion
into the lake, fix nutrients, and preserve shoreland aesthetics and wildlife. Limited clearing of
trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view of the
water from the principal dwelling site and to accommodate the placement of stairways and
landing, picnic areas, access paths, beach and watercraft access areas, and permitted water
oriented accessory structures or facilities. If an area is to be filled for a beach, a DNR permit
may be necessary depending on the size of the beach and the amount of material placed.
It does not appear that there are wetlands existing on-site, however, we recommend that a
wetlands biologist check the site to confirm this information.
EROSION CONTROL
The applicant will need to develop a sediment and erosion control plan in accordance with the
City's Best Management Practice Handbook (BMPH). The plan shall be submitted to the City
for review and formal approval. The City has adopted a Best Management Practice Handbook
which the applicant can purchase from the City at a cost of $25 to assist with the design process.
SURFACE WATER MANAGEMENT PLAN (SWMP)
The City has prepared a SWMP that is in the final stages of formal adoption. The SWMP will
— serve as a tool to protect, preserve, and enhance its water resources. The plan identifies from
a regional perspective the stormwater quantity and quality improvements necessary to allow
future development to take place and minimize its impact to downstream water bodies. In
general, the water quantity portion of the plan uses a 100-year design storm interval for ponding
and a 10-year design storm interval for storm sewer piping. The water quality portion of the plan
uses William Walker Jr.'s PONDNET model for predicting phosphorus concentrations in shallow
water bodies. An ultimate conditions model has been developed at each drainage area based on
projected future land use, and therefore, different sets of improvements under full development
were analyzed to determine the optimum phosphorus reduction in priority water bodies.
The City's SWMP shows that the majority of the site falls into a drainage area noted as LM-A8.5
which is 18.2 acres (figure 1). Water quality pond (LM-P8.5) is proposed to serve as a single
sediment and nutrient basin and is designed to retain a wet volume of approximately 1.6 acre
feet. It is generally located at the southeast corner of the proposed site. A 24-inch pipe leads
into this pond and the pond then discharges into Lake Minnewashta.
Minnewashta Landings
March 2, 1994
Page 8
Pond LM-P8.6A/B is designed to serve as a two-cell sediment and nutrient basin for the drainage
area east of the site and to retain a total wet volume of approximately 4 acre feet. The cells for
this pond (A and B) are split up. Pond LM-P8.6A is located in the northeast corner within the
boundaries of the proposed development, but is designed to handle the water quality and quantity
associated with the northern part of drainage area LM-A8.6 (figure 2). Pond LM-P8.6B is
located in the southeast corner just off-site of the proposed development and is designed to
handle the water quality and quantity associated with the southern part of drainage area LM-A8.6
(figure 2). A 24-inch pipe leads into LM-P8.6A and discharges into LM-P8.6B where the water —
is then discharged into Lake Minnewashta.
The locations of the above described ponds are not final and may be rr.oved or re-designed to
fit the proposed development as long as they meet the SWMP requirements. Since this site will
be mass graded and the majority of the runoff is proposed to drain to the southwest, moving pond
LM-P8.5 to the southwest corner of the site seems to the best alternative for handling the
development's water quality and quantity system for drainage area LM-.A8.5
The two proposed ponds located in the northeast corner of the site may combined to meet the
water quality and quantity requirements for pond LM-P8.6A for the northern part of drainage area
LM-A8.6. In conjunction with the overall site development Ironwood Road which is a private
drive from Highway 7 and serves four homes east of this development is proposed to be
relocated to attach to the cul-de-sac via outlot B. In doing so the driveway entrance for
Ironwood needs to be removed from the Highway 7 right-of-way. In addition, a drainage culvert
will be necessary to maintain the neighborhood drainage from the east of this development to
pond LM-P8.6A.
The SWMP's location of LM-P8.6B is not feasible since there are houses near the lake. The
City will work on this drainage issue as a separate project since it is not feasible to tie this
system into the proposed development. _
The SWMP has established an assessment rate for different land uses based on an average, city-
wide rate for the installation of water quantity systems. This cost includhs all proposed SWMP
culverts and open channels and stormwater ponding areas for temporary runoff storage. Single
Family/Low Density developments will have an assessment rate of $1,980 per acre. The
proposed development would then be responsible for a water quantity assessment fee of$39,006.
The SWMP has established an assessment rate for water quality systems. The cash dedication
will be equal to the cost of land and pond volume needed for treatment of the phosphorus load
leaving the site. The requirement for cash in lieu of land and pond construction shall be based
upon a schedule in accordance with the prescribed land use zoning. Values are calculated using
the market values of land in the City of Chanhassen plus a value of $2.50 per cubic yard for —
excavation of the pond. Since the ponding requirements for this development are approximately
1.6 acre feet (2,581 cubic yards) and land dedication is not necessary, tie development would
Minnewashta Landings
—
March 2, 1994
Page 9
—' then be responsible for a water quality assessment fee of $6,453 using the $2.50 per cubic yard
of excavation rate.
—
These water quality and quantity fees of$45,459 are negotiable or waived if the developer would
prefer to install all or portions of the water quality and quantity system as required by the City.
The City plans to formally adopt the SWMP by late March 1994.
PARK AND RECREATION
One-third of the park and trail cash contribution shall be paid contemporaneously with the city's
approval of the subdivision. The balance,calculated as follows, shall be paid at the time building
_ permits are issued: rate in effect when a building permit is issued minus the amount previously
paid.
COMPLIANCE WITH ORDINANCE - RSF DISTRICT
Lot Lot Lot Home
— Area Width Depth Setback
Ordinance 15,000 90' 125' 30' front/rear
— 10' sides
BLOCK 1
Lot 1 27,100 275 140
Lot 2 19,700 100 197
-- Lot 3 22,100 165 206
Lot 4 19,400 95 179
Lot 5 21,400 90 166
Lot 6 19,800 102 178
Lot 7 38,200 60 218
— Lot 8 25,700 90 183
Lot 9 23,500 90 204
Lot 10 18,400 90 115
Lot 11 25,700 100 176 FLAG LOT
—
Lot 12 18,700 175 174
Minnewashta Landings
March 2, 1994
Page 10 —
Lot 13 17,500 100 162
—
Lot 14 31,100 90 166
Lot 15 31,100 100 220
—
Lot 16 66,400 100 215 FLAG LOT
Lot Lot Lot Home Shoreland
Area Width Depth Setback Setback
—
Ordinance 20,000 90' 125' 30' front/rear 75'
10' sides
BLOCK 2
Lot 1 22,900 142 177
Lot 2 23,500 140 234
Lot 3 25,600 142 193
Lot 4 22,700 133 177
Lot 5 21,500 131 173 —
Lot 6 25,800 147 215
Lot 7 26,400 58 178 *Lot Width Deficient
Lot 8 31,600 150 172 FLAG LOT(Variance)
Lot Lot Lot Home Shoreland
Area Width Depth Setback Setback
Ordinance 15,000 90' 125' 30' front/rear 75'
10' sides
Lot 9 20,000 90 167 —
Lot 10 16,700 96 163
Lot 11 66,400 90 215
Variance Staff supports the variance from the side yard setback (20') to allow for a 10 foot
side yard for Lots 11 and 16, Block 1 and Lot 8, Block 2
Minnewashta Landings
March 2, 1994
Page 11
RECOMMENDATION
Staff recommends the Planning Commission adopt the following motion:
"The Planning Commission recommends approval of preliminary plat for Subdivision #94-1,
Minnewashta Landings, for 27 single family lots as shown on the plans dated February 9, 1994,
- and subject to the following conditions:
1. Upon completion, the developer shall dedicate to the City the utility and street
improvements within the public right-of-way and drainage and utility easements for
permanent ownership.
2. 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 completion of site grading
unless the City's Best Management Practice Handbook planting dates dictate otherwise.
All disturbed areas with slopes of 3:1 or greater shall be restored with sod or seed and
wood-fiber blanket.
3. All utility and street improvements shall be constructed in accordance with the latest
edition of the City's Standard Specifications and Detail Plates. Detailed street and utility
plans and specifications shall be submitted for staff review and City Council approval.
4. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e. Watershed District, MWCC, Health Department, PCA, DNR, Army Corps of
Engineers and MnDOT and comply with their conditions of approval.
5. The applicant shall enter into a development contract with the City and provide the
necessary financial security to guarantee compliance with the terms of the development
contract.
6. The applicant shall provide detailed storm sewer calculations for a 10-year storm event
and provide ponding calculations for retention ponds in accordance with the City's
Surface Water Management Plan for the City Engineer to review and approve.
7. Fire hydrants shall be incorporated per the Fire Marshal's recommendations. Fire
hydrants shall placed a maximum of 300 feet apart.
8. The applicant shall submit to the City soil boring information and include a drain tile
system in accordance with the construction plans.
9. The appropriate drainage and utility easements should be dedicated on the final plat for
all utilities and ponding areas lying outside the right-of-way. The easement width shall
Minnewashta Landings
March 2, 1994
Page 12
be a minimum of 20 feet wide. Consideration should also be given for access for
maintenance of the ponding areas.
10. The applicant will need to develop a sediment and erosion control plan in accordance
with the City's Best Management Practice Handbook (BMPH). The plan shall be
submitted to the City for review and formal approval
11. No berming or landscaping will be allowed within the right-of-way.
12. The lowest exposed floor or opening elevation of the rambler house located on Lot 12,
Block 1 should be a minimum of 2 feet above the 100-year high water level. This may
raise the house elevation to 971 or greater requiring a very steep driveway. Staff
recommends the applicant re-evaluate this and include exterior draintile around the house
foundation. The draintile shall be connected to the proposed storm sewer along the
property line.
13. The house pads south of Landings Dr., along the lake, should be a minimum of one foot
above the road elevation. All low points should be located between lots to route overland
flow around the houses. Also, catch basins should be located at the low point between _
homes to help route surface flow away from lots.
14. The proposed stormwater ponds must have side slopes of 10:1 for the first ten feet and
no more than 3:1 thereafter for safety and water quality purposes.
15. The driveway entrance for Ironwood needs to be removed from the Highway 7 right-of-
way. In addition, a drainage culvert will be necessary to mair twin the neighborhood
drainage from the east of this development into the easterly propDsed pond.
16. Existing wells and/or septic systems will have to be properly abandoned.
17. Landings Court intersection should be redesigned to be perpendicular with Landings Drive
and the median deleted.
18. The alignment of Landings Drive and Minnewashta Parkway shou.d be refined to provide
more of a perpendicular intersection in accordance with the City's ordinance.
19. All lots shall take direct access from the interior streets and not Minnewashta Parkway —
or Highway 7.
20. The applicant shall be responsible for 20 additional Minnewashta Parkway assessments
units. The rate per unit is $760.00.
Minnewashta Landings
March 2, 1994
Page 13
21. Staff recommends that the final plat be adjusted to dedicate a total width of 33 feet of
right-of-way from the center of existing Minnewashta Parkway along Lots 4, 5 and 6,
Block 1.
22. The final grading plan shall be revised to reflect proposed grading on Lots 1 through 8,
Block 2.
23. A cross access agreement needs to be established between the applicant and the residents
of Ironwood for the use of Outlot B.
24. Lot 7, Block 2 needs to have a 90 foot lot width.
25. Variance from the side yard setback to 10 feet on flag lots located on Lots 11 and 16,
Block 1 and Lot 8, Block 2.
26. Landscaping plans for the larger berm along Hwy. 7, as well as streetscape along
Minnewashta Parkway needs to be provided."
ATTACHMENTS
1. Memo from Dave Hempel dated February 24, 1994.
2. Memo from Steve Kirchman dated February 23, 1994.
3. Memo from Mark Littfin dated February 3, 1994.
4. Memo from Todd Hoffman dated February 23, 1994.
5. Letter from Sathre Bergquist dated January 28, 1994.
6. Preliminary plat dated February 9, 1994.
CITY CSF ......
0. ,O.
0%1 CHANHASSEN _
.-- -, 690 COULTER DRIVE • P.O. BOX 147 • CHANI�ASSEN. MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739 i
S
MEMORANDUM
TO: Kate Aanenson, Sr. Planner
FROM: Dave Hempel, Assistant City Engineer /0
Diane Desotelle, Water Resources Coordinator
DATE: February 22, 1994
SUBJ: Preliminary plat review to subdivide 19.7 acres into 26 single family lots on
property zoned RSF, and located at the southeast corner of the intersection of
Highway 7 and Minnewashta Parkway, Kenneth Durr, Minnewashta Landings
Project No. 94-4
Upon review of the preliminary plat drawings prepared by Sathre-Bergcuist dated January 21,
1994, revised February 8, 1994 we offer the following comments and re:ommendations:
LA KE/W ETLAN D
Lake Minnewashta is a Department of Natural Resources (DNR) prctected water (10-9P).
Therefore, development around the lake will have to meet the DNR's shoreland ordinance
requirements. The lake is designated as a recreational lake and this requires a minimum structure
set back of 75 feet. Alteration of vegetation and topography shall be regulated to prevent erosion
into the lake, fix nutrients, and preserve shoreland aesthetics and wildlife. Limited clearing of
trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view of the
water from the principal dwelling site and to accommodate the placement of stairways and
landing, picnic areas, access paths, beach and watercraft access areas, and permitted water
oriented accessory structures or facilities. If an area is to be filled for a beach, a DNR permit
may be necessary depending on the size of the beach and the amount of material placed.
It does not appear that there are wetlands existing on-site, however, we recommend that a
wetlands biologist check the site to confirm this information.
EROSION CONTROL
The applicant will need to develop a sediment and erosion control plan in accordance with the
City's Best Management Practice Handbook (BMPH). The plan shall be submitted to the City
for review and formal approval. The City has adopted a Best Management Practice Handbook
which the applicant can purchase from the City at a cost of$25 to assist with the design process.
Kate Aanenson
February 22, 1994
Page 2
SURFACE WATER MANAGEMENT PLAN (SWMP)
The City has prepared a SWMP that is in the final stages of formal adoption. The SWMP will
serve as a tool to protect, preserve, and enhance its water resources. The plan identifies from a
regional perspective the stormwater quantity and quality improvements necessary to allow future
development to take place and minimize its impact to downstream water bodies. In general, the
water quantity portion of the plan uses a 100-year design storm interval for ponding and a 10-
year design storm interval for storm sewer piping. The water quality portion of the plan uses
William Walker Jr.'s PONDNET model for predicting phosphorus concentrations in shallow water
bodies. An ultimate conditions model has been developed at each drainage area based on
projected future land use, and therefore, different sets of improvements under full development
were analyzed to determine the optimum phosphorus reduction in priority water bodies.
The City's SWMP shows that the majority of the site falls into a drainage area noted as LM-A8.5
which is 18.2 acres (figure 1). Water quality pond (LM-P8.5) is proposed to serve as a single
sediment and nutrient basin and is designed to retain a wet volume of approximately 1.6 acre
feet. It is generally located at the southeast corner of the proposed site. A 24-inch pipe leads
into this pond and the pond then discharges into Lake Minnewashta.
Pond LM-P8.6A/B is designed to serve as a two-cell sediment and nutrient basin for the drainage
area east of the site and to retain a total wet volume of approximately 4 acre feet. The cells for
this pond (A and B) are split up. Pond LM-P8.6A is located in the northeast corner within the
boundaries of the proposed development, but is designed to handle the water quality and quantity
associated with the northern part of drainage area LM-A8.6 (figure 2). Pond LM-P8.6B is
located in the southeast corner just off-site of the proposed development and is designed to
handle the water quality and quantity associated with the southern part of drainage area LM-A8.6
(figure 2). A 24-inch pipe leads into LM-P8.6A and discharges into LM-P8.6B where the water
is then discharged into Lake Minnewashta.
The locations of the above described ponds are not final and may be moved or re-designed to fit
the proposed development as long as they meet the SWMP requirements. Since this site will be
mass graded and the majority of the runoff is proposed to drain to the southwest, moving pond
LM-P8.5 to the southwest corner of the site seems to the best alternative for handling the
development's water quality and quantity system for drainage area LM-A8.5
The two proposed ponds located in the northeast corner of the site may be combined to meet the
water quality and quantity requirements for pond LM-P8.6A for the northern part of drainage area
T LM-A8.6. In conjunction with the overall site development Ironwood Road which is a private
drive from Highway 7 and serves four homes east of this development is proposed to be relocated
to attach to the cul-de-sac via outlot B. In doing so the driveway entrance for Ironwood needs
to be removed from the Highway 7 right-of-way. In addition, a drainage culvert will be
necessary to maintain the neighborhood drainage from the east of this development to pond LM-
P8.6A.
Kate Aanenson
February 22, 1994
Page 3
The SWMP's location of LM-P8.6B is not feasible since there are houses near the lake. The City
will work on this drainage issue as a separate project since it is not feasil:le to tie this system into
the proposed development.
The SWMP has established an assessment rate for different land uses based on an average, city-
wide rate for the installation of water quantity systems. This cost includes all proposed SWMP
culverts and open channels and stormwater ponding areas for temporary runoff storage. Single
Family/Low Density developments will have an assessment rate of $1,980 per acre. The
proposed development would then be responsible for a water quantity assessment fee of$39,006.
The SWMP has established an assessment rate for water quality systerr.s. The cash dedication
will be equal to the cost of land and pond volume needed for treatment of the phosphorus load
leaving the site. The requirement for cash in lieu of land and pond construction shall be based
upon a schedule in accordance with the prescribed land use zoning. Values are calculated using
the market values of land in the City of Chanhassen plus a value of $2.50 per cubic yard for
excavation of the pond. Since the ponding requirements for this development are approximately
1.6 acre feet (2,581 cubic yards) and land dedication is not necessary, the development would
then be responsible for a water quality assessment fee of $6,453 using the $2.50 per cubic yard
of excavation rate.
These water quality and quantity fees of$45,459 are negotiable or waived if the developer would _
prefer to install all or portions of the water quality and quantity system as required by the City.
The City plans to formally adopt the SWMP by late March 1994.
GRADING AND DRAINAGE
Except for the south end of the site where the lots drain directly into Lake Minnewashta, this site
will be mass graded to elevate the houses above the known high water table. Upon preliminary
review of the plan the following issues should be considered:
1. Additional easement dedication along Minnewashta Parkway and future plans for
Highway 7 should be verified. No berming or landscaping will be allowed within the
right-of-way.
2. The lowest exposed floor or opening elevation of the rambler house located on Lot 12,
Block 1 should be a minimum of 2 feet above the 1 00-year high water level. This may
raise the house elevation to 971 or greater requiring a very steep driveway. Staff
recommends the applicant reevaluate this and consider the use of draintile around the
exterior house foundation. The draintile should be connected to the proposed storm sewer
along the property line.
3. The houses south of the access road along the lake should be a minimum of one foot
above the road elevation. All low points should be located between lots to route overland
flow around the houses. Also, catch basins should be located at the low point between
Kate Aanenson
February 22, 1994
Page 4
homes to help route surface flow away from lots. For example, it is recommended that
a set of catch basins be located in Landings Drive between Lots 3 and 4 and Lots 5 and
6 of Block 1. In addition, property grading contours need to be shown for Lots 1 through
8, Block 2.
4. The proposed stormwater ponds must have side slopes of 10:1 for the first ten feet and
no more than 3:1 thereafter for safety and water quality purposes.
5. In conjunction with the overall site development Ironwood Road, which is a private
driveway from Highway 7 and serves four homes east of the development, is proposed
to be relocated to attach to the cul-de-sac via Outlot B. In doing so the driveway
— entrance for Ironwood needs to be removed from the Highway 7 right-of-way. In
addition, a drainage culvert will be necessary to maintain the neighborhood drainage from
the east of this development into the easterly proposed pond.
UTTLITIFS
Municipal sanitary sewer and water service is available to the site. Water is proposed to be
extended from Minnewashta Parkway and sanitary sewer currently intersects the property adjacent
to Lake Minnewashta.
Upon a quick review of the utility layout it appears that fire hydrant placement will need to be
revised. The fire hydrant spacing shall be in accordance with the City Fire Marshal's
recommendations. Typically, fire hydrants are located 300 feet apart.
Detailed construction plans and specifications for street and utility improvements will be required
for reviewed by City staff and City Council approval. The street and utility improvements shall
be constructed in accordance to the City's latest edition of the Standard Specifications and Detail
Plates. The applicant will be required to enter into a development contract with the City and
provide the necessary financial security to guarantee the installation of the public improvements
and conditions of approval. As with other typical City developments, moisture content in the
soils is relatively high and the City has employed the use of drain tile behind the curbs for
improving both road sub base as well as providing a discharge point for household sump pumps.
The drain tile would be needed on those lots which are unable to discharge into either a catch
basin or ponding area. The appropriate drainage and utility easements should be dedicated on
the final plat for all utilities and ponding areas lying outside of the right-of-way. The drainage
and utility easement width shall be a minimum of 20 feet wide. Consideration should also be
given for access for maintenance of the ponding areas.
Since the site has had previous cabins/homes, it is most likely there are existing wells and/or
septic systems which will have to be properly abandoned.
Kate Aanenson
February 22, 1994
Page 5
STREETS
The site has a couple of gravel driveway accesses from Minnewashta Farkway and Highway 7
which used to serve a couple of cabins on the property. These driveways no longer function as
viable access points to the site and should be removed. Ironwood Road, a private street which
borders the east side of the site, serves four private homes. The applicant is proposing to develop
the site with one access (public street) from Minnewashta Parkway. The street as proposed will
be a 1,340-foot long dead-end cul-de-sac along with a private driveway at the end (Outlot B) to
serve the four existing homes which used to gain ingress and egret;s to Highway 7 from
Ironwood. As with every development with dead-end cul-de-sacs in excess of 500 feet, staff
looks for a secondary access for public safety purposes. However, due to Highway 7, access is
limited to Minnewashta Parkway. In surveying the surrounding street systems, Linden Circle to
the west and Meadow Lane to the north all have similar street layouts. Staff had explored the
possibility of extending the cul-de-sac out to access Highway 7 with a right-in/right-out only.
However, this may create a short-cut or bypass from local traffic from Minnewashta Parkway in
an effort to avoid the existing intersection of Minnewashta Parkway ani Highway 7. MnDOT
is also considering some safety improvements within the next two years along Highway 7 such
as turn lanes and closing off access points. MnDOT would not look favorably on having another
access so close to Minnewashta Parkway.
All of the streets within the proposed development will have 60-foot wide right-of-way with a
31-foot wide street section and cul-de-sac with 60-foot radiuses which meets the City's standards.
The street grades range from 1% to 7% which also meets the City's ordinance. The applicant is
proposing medians along Landings Drive at the intersections of Landings Court and also
Minnewashta Parkway. In addition, both cul-de-sacs propose center islands as well. Staff
understands the applicant's intent for a median at the entrance to the subdivision (Minnewashta
Parkway) for monumentation purposes. However, staff is opposed to the other median at
Landings Court. Staff believes this serves no function other than a green space and creates a
traffic hazard restricting turning movements for eastbound traffic from Landings Court. This
intersection should be redesigned to be perpendicular with Landings Drive and the median
deleted. Staff is also opposed to the island design proposed in the c:11-de-sac at the end of
Landings Drive. We believe the current configuration will lead to confusion for ingress and
egress to the private driveway through Outlot B.
Staff has reviewed the proposed access from Minnewashta Parkway and finds the sight lines
acceptable. Staff would be interested in seeing the alignment of Landings Drive and
Minnewashta Parkway refined a little bit to provide more of a perpendicular intersection in
accordance with the City's ordinance. We understand the topographic constraints, i.e. grades and
trees, etc., but we feel the street could be further adjusted to accomplish staffs view and still
maintain the 44-inch maple tree located in the northeast corner of the p:-oposed intersection.
Since Minnewashta Parkway is classified and functions as a collector street, staff recommends
a condition be placed in the development contract that all lots shall take direct access from the
interior streets and not Minnewashta Parkway or Highway 7.
Kate Aanenson
— February 22, 1994
Page 6
Detailed construction plans and specifications prepared in accordance to the City's latest Standard
Specifications and Detail Plates will be required for the street improvements.
Minnewashta Parkway was recently upgraded to urban street standards. The project resulted in
special assessments to the benefitting properties which include this parcel. The assessment
methodology for the project was based on an estimated number of buildable lots on the
undeveloped parcels. The City has calculated on this parcel which involves the westerly one-
third of the site seven assessable units. The assessment rate is $760 per unit. Since this site has
only the one access (Minnewashta Parkway) the applicant should be responsible for 20 additional
units. The property is currently assessed at this time for one unit and the remaining six are
deferred until development occurs.
According to the boundary survey, Minnewashta Parkway encroaches into the parcel. Staff
recommends that the final plat be adjusted to dedicate a total width of 33 feet of right-of-way
from the center of existing Minnewashta Parkway along Lots 5 and 6, Block 1.
RECOMMENDATIONS
1. Upon completion, the developer shall dedicate to the City the utility and street
improvements within the public right-of-way and drainage and utility easements for
permanent ownership.
2. 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 completion of site grading
unless the City's Best Management Practice Handbook planting dates dictate otherwise.
All disturbed areas with slopes of 3:1 or greater shall be restored with sod or seed and
wood-fiber blanket.
3. All utility and street improvements shall be constructed in accordance with the latest
edition of the City's Standard Specifications and Detail Plates. Detailed street and utility
plans and specifications shall be submitted for staff review and City Council approval.
4. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e. Watershed District, MWCC, Health Department, PCA, DNR, Army Corps of
Engineers and MnDOT and comply with their conditions of approval.
5. The applicant shall enter into a development contract with the City and provide the
necessary financial security to guarantee compliance with the terms of the development
contract.
6. The applicant shall provide detailed storm sewer calculations for a 10-year storm event
and provide ponding calculations for retention ponds in accordance with the City's Surface
Water Management Plan for the City Engineer to review and approve.
Kate Aanenson
February 22, 1994
Page 7
7. Fire hydrants shall be incorporated per the Fire Marshal's recommendations. Fire hydrants —
shall placed a maximum of 300 feet apart.
8. The applicant shall submit to the City soil boring information and include a drain tile
system in accordance with the construction plans.
9. The appropriate drainage and utility easements should be dedicated on the final plat for
all utilities and ponding areas lying outside the right-of-way. The easement width shall
be a minimum of 20 feet wide. Consideration should also be given for access for
maintenance of the ponding areas.
10. The applicant will need to develop a sediment and erosion control plan in accordance with
the City's Best Management Practice Handbook (BMPH). The plan shall be submitted
to the City for review and formal approval
11. No berming or landscaping will be allowed within the right-of-way.
12. The lowest exposed floor or opening elevation of the rambler house located on Lot 12,
Block 1 should be a minimum of 2 feet above the 100-year higl water level. This may
raise the house elevation to 971 or greater requiring a very steep driveway. Staff
recommends the applicant re-evaluate this and include exterior draintile around the house
foundation. The draintile shall be connected to the proposed storm sewer along the
property line.
13. The house pads south of Landings Dr., along the lake, should be a minimum of one foot
above the road elevation. All low points should be located between lots to route overland
flow around the houses. Also, catch basins should be located at the low point between
homes to help route surface flow away from lots.
14. The proposed stormwater ponds must have side slopes of 10:1 for the first ten feet and
no more than 3:1 thereafter for safety and water quality purposes.
15. The driveway entrance for Ironwood needs to be removed from the Highway 7 right-of-
way. In addition, a drainage culvert will be necessary to maintain the neighborhood
drainage from the east of this development into the easterly proposed pond.
16. Existing wells and/or septic systems will have to be properly abandoned.
17. Landings Court intersection should be redesigned to be perpendicular with Landings Drive
and the median deleted.
18. The alignment of Landings Drive and Minnewashta Parkway should be refined to provide
more of a perpendicular intersection in accordance with the City's ordinance.
Kate Aanenson
February 22, 1994
Page 8
19. All lots shall take direct access from the interior streets and not Minnewashta Parkway
or Highway 7.
20. The applicant shall be responsible for 20 additional Minnewashta Parkway assessments
units. The rate per unit is $760.00.
21. Staff recommends that the final plat be adjusted to dedicate a total width of 33 feet of
right-of-way from the center of existing Minnewashta Parkway along Lots 4, 5 and 6,
Block 1.
22. The final grading plan shall be revised to reflect proposed grading on Lots 1 through 8,
Block 2.
ktm/jms
c: Charles Folch, City Engineer
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C I TY F
cHANHAssEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739 —
MEMORANDUM
TO: Kate Aanenson, Senior Planner
FROM: Steve A. Kirchman, Building Official y
1 k ,
DATE: February 23 , 1994 —
SUBJ: 94-1 PUD (Minnewashta Landings)
I was asked to review the development proposal dated January 21,
1994 for the above referenced project .
I have no comments or recommendations concerning this application
at this time .
1
CITY OF
.v .
_ '4400 ,,..A..\1;-iihfi
i. '', \ 1 - . /
414) CHANHASSEN
:: .,k ...: viSiti: --
,T. ,/,;-,‘ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
—
MEMORANDUM
TO: Kathryn Anderson, Senior Planner
FROM: Mark Littfin, Chanhassen Fire Marshall
—
DATE: February 3, 1994
SUBJ: Kenneth Durr, Minnewashta Landing
Hwy 7 and Minnewashta Parkway
Planning Case 94-1 Sub.
I have reviewed the submitted proposed subdivision and have made the following comments
and/or requirements:
1. Currently the Fire Department requires spacing of fire hydrants at 300 foot intervals.
Currently what is proposed there is some spacing in excess of 400 feet. In order to
tighten up the spacing, particularly in lieu of the size of homes being constructed, I am
requiring that (1) an additional hydrant be installed between Lots 9 and 10, on the north
side of Landings Drive; (2) an additional hydrant be installed near the middle of Lot 11
on the Northwest side of Landings Drive; and, (3) the hydrant located north of Lot 1 be
relocated approximately 160 feet further east. Please submit new drawings to the
Chanhassen Fire Marshal for approval.
2. Cul-de-sac turnarounds: If center islands are to be used, submit drawings to the
Chanhassen Engineering Department and the Chanhassen Fire Marshal for review and
approval in order to facilitate the turning around of fire apparatus; pursuant to Minnesota
Fire Code 1991 Sec 10.204 (d).
3: A ten (10) foot clear space shall be maintained around fire hydrants; e.i. NSP, N.W. Bell,
cable T.V. boxes, trees, shrubs, street lamps; pursuant to Chanhassen City Ordinance Sec
9-1.
4. A fire apparatus access road 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 road shall be in place prior to construction of new dwellings.
Kathryn Anderson
February 3, 1994
Page 2
This applies only to homes which are in excess of 150 feet of Minnewashta Parkway.
5. Remove or redesign the proposed traffic island at Landings Court and Landings Drive to
accommodate a left hand turn off Landings Court to Landings Drive.
6. As a fire prevention suggestion, may I strongly recommend to the architects, contractors,
builders and homeowners, the option to install residential fire sprinkler systems. The fact
that the aesthetics of fire sprinkler heads have greatly improved in the past few years, —
coupled with the fact that a number of these homes will be valued at $500,000.00 plus,
prompts me to recommend that a residential fire sprinkler system at least be considered.
It could save lives and prevent a major structure fire. I would be more than happy to —
assist the architects, contractors, and/or homeowners with video and written literature to
show the extreme effectiveness of a residential fire sprinkler system.
cc: Scott Harr, Public Safety Director
Steve Kirchman, Building Official
Jim McMahon, Fire Chief —
ML:eb
g:\safety\m1\94,1
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Kate Aanenson, Senior Planner
FROM: Todd Hoffman, Park and Recreation Director
DATE: February 23, 1994
SUBJ: Minnewashta Landings
The Park and Recreation Commission reviewed the aforementioned preliminary plat on Tuesday,
T February 22, 1994. Mr. Ken Durr, the applicant, was present during the commission's discussion.
From a parks and trail perspective, the subdivision is straightforward with the acceptance of park
and trail fees being recommended in lieu of parkland dedication or trail construction. My report
to the commission in this regard is attached for your information. At the conclusion of the
commission's discussion, Commissioner Lash moved and Commissioner Roeser seconded to
recommend the City Council accept full park and trail dedication fees in lieu of parkland
dedication or trail development. Said fees to be collected per City Code, Chapter 18, Section 18-
79(P):
One-third of the park and trail cash contribution shall be paid contemporaneously with
the city's approval of the subdivision. The balance, calculated as follows, shall be paid
at the time building permits are issued: rate in effect when a building permit is issued
minus the amount previously paid.
6 9,S u UqLc<‘
�.•� ° SATHRE - BERGQUIST , INC .
-q 150 SOUTH BROADWAY WAYZATA. MN 55391
Q (612) 476 6000 FAX 476-0104
'yFRS c\-
January 28,1994 —
Ms. Kate Aanenson
City of Chanhassen
690 Coulter Drive
P.O. Box 4147 _
Chanhassen. Minnesota 55317
Subject:: MINNEWASHTA LANDINGS
Dear Ms. Aanenson:
This letter is written to provide the City staff. Planning Commission members, and City Council
members with background information, a description of the proposed neighborhood. a listing and
justification of each variance requested, and an understanding of the goals .and objectives of Mr.
Kenneth Durr, the property owner and proposed developer.
The development site contains 4 separate parcels of land. Mr. Durr bought the first of these
parcels in the 1970's and used it with his friends as a summer getaway fDr years. When the
larger parcels on the east and west of the original acquisition became availajle in the 1980's, Mr.
Durr acquired them also. His ownership is approximately 20 acres. The 4t-i parcel contained in
the Preliminary Plat is Tract D. R.L.S. #9, a 40 foot wide strip of land extending from Highway 7 —
south to Tract C. Tract D is owned by Mr. & Mrs. Thomas Wright and se Yes as the common
driveway corridor for the 4 homes which enjoy the lakeshore immediately east of the Durr
property.
Mr. Durr is a man with a vision. His goal is to create a new gateway neighborhood called
MINNEWASHTA LANDINGS. The hope is to create a large lot, upscale neighborhood of fine
homes. Mr. Durr has 40 years experience as a builder of custom designed homes. He has built
in the Street of Dreams neighborhoods in addition to areas throughout the Nestern metropolitan
area. Mr. Durr is one of the 10 exclusive estate homebuilders within the Jacl. Nicklaus "Bearpath"
Golf and Country Club community. MINNEWASHTA LANDINGS will be the 1995 Street of
Dreams site if Mr. Durr's project is approved and constructed in a timely manner. —
The conversion of the property from three large homesites to the upscale neighborhood we
propose raises two questions which we address in the planning. The first question is how to _
reasonably access the 20 acre Durr site. The homesites that existed in tha past received their
access via long private driveways. The westerly most homesite (with it's house still standing)
accessed Minnewashta Parkway near it's intersection with State Highway No 7. The easterly two
former homesites (whose structures have been razed by Mr. Durr) each has a driveway entrance
directly to Highway 7.
RECE.ivED
JAL 1994
�i l Y OF ChPo`t+-sP... 'is;
Early in the planning process we recognized the need to move all access away from Highway 7.
We propose to internally serve all homes via new streets built easterly from a new Minnewashta
Parkway access point located well south of the Highway 7 intersection. This access point was
chosen not only for its safety benefits but also to take advantage of the outstanding lake views
which all of the new homeowners will enjoy. This access point and the curvalinear nature of the
entrance roadway will also maximize the views of several magnificent entry area trees, most
notably 2 large walnut trees.
The single access as located allows us to create a berm and landscape buffer zone along
Highway 7 which will enhance not only the new lots, but also the experience of Highway 7
travelers.
Within the Durr property, we propose to close the two existing and potentially dangerous private
access driveways from Highway 7.
Mr. Durr, myself, you, Mr. Paul Krause, Mr. Charles Folch, Mr. Dave Hempel and the easterly
neighbors have spend many hours thinking, site inspecting, and discussing the issue of whether
the easterly neighbors driveway access to Highway 7 should remain. It is safe to say that this
issue has been difficult and time consuming to deal with. Collectively we, together with input from
MnDOT. have spent over 5 months in an attempt to find a best option. The Preliminary Plat
expresses our collective best option.
The proposal is to eliminate the neighbors common private access to Highway 7 and shift it
— westerly through Outlot B to the Landings Drive cul-de-sac. Tract D, their current access corridor
would be deeded to Mr. Durr and included in the most northeasterly lot (Lot 15, Block 1). The
berm and pond would be extended easterly into the old Tract D to both provide additional
screening for all and to obliterate the current driveway.
Why eliminate the Tract D corridor? One: to eliminate a potential safety problem. Two: to
permanently minimize the potential to construct a through street through Tract D and
MINNEWASHTA LANDINGS. Why? In a very few years the intersection of Minnewashta
Parkway and Highway 7 will be signalized. If another through street could "short circuit- this
intersection, non-neighborhood traffic would intrude, disrupt, and jeopardize the safety of the
existing and future residents. This is unacceptable to Mr. Durr and his neighbors.
The MINNEWASHTA LANDINGS subdivision contains 26 lots which meet or exceed the RSF
zoning district standards and the Shoreland Regulations for setbacks and lot area. The lake lots
have a nominal width of 125 feet while the off lake lots are typically 90 to 100 feet wide. In both
types of lots, these widths are measured at the proposed homesite location (which in some cases
is greater than the 30 foot minimum front yard setback location.) These lots are served via a
proposed cul-de-sac street system which is 1350 feet long. This exceeds the ordinance standard
of 900 feet and requires a variance. The justifications for the length of this cul-de-sac are public
health and safety concerns and site configuration and location constraints which would be
compromised if a through street is built to Highway 7. No other reasonable options exist.
MINNEWASHTA LANDINGS contains a 200 foot wide "beach lot" at the entrance. This Beach
Lot will be platted as Outlot A. The area will be available for the enjoyment of each new resident.
Lots 10 & 15, Block 1 and Lots 7 & 8, Block 2, could be callec neck or flag lots. These lots have
their designated building sites as shown on the Development and Grading Plans. The building
sites are chosen where lot widths meet or exceed ordinance standards. Technically these lots do
not meet ordinance standards, since they are "necked down" at the mirimum front setback
distance of 30 feet. The alternative to these neck lots is to extend the street right-of-way closer to
the future building sites. This extension merely results in increased pavement area, hence
increased long term maintenance cost. The justification for the variances needed for these lots is
the hardship that the extra. otherwise un-necessary paving imposes on the land and the lake. —
The Ordinance imposes a more restrictive side yard setback cf 20 feet (instead of 10 feet) where
neck lots are utilized. We seek variances to allow a 10 foot setback from s de lot lines for each
neck lot and with the justification again being that to avoid the variance condition we would cause
hardship to the land due to the additional paving and grading strict ordinance compliance
mandates.
Significant mature trees exist on a small portion of the site. The Development plan and Grading
plan each depict the preservation of the most important and significant of these trees. In addition
to this preservation work, Mr. Durr will pursue an aggressive landscape effort to replant the berm
areas as well as selected internal clustering.
We are proud of the joint efforts of City Staff. Neighbors, and the Development Team. We hope
all involved in the review and approvals are pleased and supportive.
Sincerely,
SATHRE-BERGQUIST. INC.
) /
i •
Richard W. Sathre, P.E.
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NOTICE OF PUBLIC HEARING
PRELIMINARY PLAT
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Wednesday, March 2, 1994, at 7:30 p.m. in the Council Chambers in
Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the
application of Kenneth Dun for a preliminary plat to subdivide 19.7 acres into 27 single family
lots on property zoned RSF, and located at the southeast corner of the intersection of Hwy. 7 and
Minnewashta Parkway, Minnewashta Landings.
A plan showing the location of the proposal is available for public review at City Hall
during regular business hours.
All interested persons are invited to attend this public hearing and express their opinions
with respect to this proposal.
Kathryn R.Aarienson, Senior Planner
Phone: 937-1900
(Publish in the Chanhassen Villager on February 17, 1994)
-Gregory Reed Dana & Nancy Johnson James & Jean Way
6301 Church Road 50 Pleasant Lane W. 6641 Minnewashta Pkwy
Excelsior, MN 55331 Tonka Bay, MN 55331 Excelsior, MN 55331
_David L. Obee Stephen Spartz Harry & C. Campbell
19000 James Ave. S. 3670 Hwy. 7 6241 Church Road
Wayzata, MN 55391 Excelsior, MN 55331 Excelsior, MN 55331
Dankel & Barbara Stoflet Gerald F. & J. P. Kruse Terry & Kathryn Sherwood
—3502 Maplewood Cir 3510 Maplewood Cir 3520 Maplewood Cir
Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331
Gerald & Susan Wenkus Edward Sr. & Hannah Willson Wm. & D. Modell
_3531 Maplewood Cir 3530 Maplewood Cir 3521 Maplewood Cir
Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331
Charles & Rienstra Timothy & Mary Colleran Charles & Vicki Anding
3511 Maplewood Cir 6560 Minnewashta Pkwy 6601 Minnewashta Pkwy
_Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331
— Thomas & Mary Allenburg Minnewashta Creek HOA Terrance Sr. & Sandra Thompson
6621 Minnewashta Pkwy c/o Nancy Narr 3820 Linden Cir
Excelsior, MN 55331 3950 Linden Cir Excelsior, MN 55331
— Excelsior, MN 55331
_ Louis & Carol Vaneps Thomas Krueger Vincent & Janice Feuerstein
3840 Linden Cir 3860 Linden Cir 3880 Linden Cir
Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331
David & Julie A Terpstru William & Connie Hardwick James & Luann Stewart
— 6581 Joshua Cir 6541 Kirkwood Cir 6551 Kirkwood Cir
Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331
Gene & Nancy Christensen Frank & Theresa Gustafson Stephen & S. Caster
6561 Kirkwood Cir 6571 Kirkwood Cir 3861 Linden Cir
— Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331
Blake L. Bogema Vic & D. Moravec Davone & Laureana Boualouang
3841 Linden Cir 14310 40th Ave. N. 3884 Meadow Lane
_ Excelsior, MN 55331 Plymouth, MN 555446 Excelsior, MN 55331
Peter Krebsbach & Patricia Beyer Patricia Clarney Stephen J. Beauchamp _
3891 Meadow Lane 3861 Meadow Lane 3331 Meadow Lane
Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331
Gary & Maureen Carlson David & Diana Kifi Clinton Wager
3831 62nd Street West 3771 Meadow Lane 6:320 Church Road —
Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331
Michael Schuler & Karyn Otto Zoe Bros David & Donna Hoelke
6330 Church Road 6631 Minnewashta Pkwy 3(521 Ironwood Rd.
Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 —
Thomas & S. Wright Robert & S. Hebeisen Richard & Ann Zweig —
3611 Ironwood Rd. 3607 Ironwood Rd. 3601 Ironwood Rd.
Excelsior, MN 55331s Excelsior, MN 55331 Excelsior, MN 55331
Annalee M. Hanson Steve & Judy Emmings Craig Miller _
6400 Greenbriar 6350 Greenbriar 6450 Minnewashta Pkwy
Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331
Robert & Paula Crippa Add Lake Minnewashta Riparian
3503 Maplewood Circle —
Excelsior, MN 55331
5.
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORA : TM
TO: Planning Commission
FROM: Todd Gerhardt, Asst. City Manager4-",
DATE: February 24, 1994
SUBJ: Modification No. 13 of the Redevelopment Plan and TIF Plan
Attached for your consideration is Modification No. 13 to the City's Redevelopment Plan and
TIF Plan (attachment #1). Under Minnesota Statute, the planning commission must find the
proposed modifications consistent with the city's comprehensive plan. Listed below are the
proposed modifications to the redevelopment plan:
TIF Plan for Downtown
1. Acquisition of land for pedestrian bridge.
2. Roadway upgrades for Lyman Boulevard, Powers Boulevard, and State Highway 101
(Joint Powers Agreement with Carver County).
3. Use tax increment dollars to build a pedestrian bridge.
4. Use tax increment dollars to build a parking lot, trails, and landscaping around the Hanus
facility and old Apple Valley Red-E-Mix sites.
5. Acquisition of Willie Klein property for future Highway 101 right-of-way.
6. Acquisition of Donald McCarville property next to the Chanhassen Inn.
Changes to the Project Area Boundaries
1. Include State Highway 101 north of Highway 5 to Townline Road.
2 Include the area between Audubon Road to the east, State Highway 101 to the west, and
those lands north of Lyman Boulevard (see Attachment #2).
Planning Commission
February 24, 1994
Page 2 —
RECOMMENDATION
Staff recommends that the Planning Commission approve the attached resolution (Attachment#3)
finding Modification No. 13 to the Redevelopment and Tax Increment Financing Plans consistent
with the city's comprehensive plan. —
ATTACHMENTS
1. Redevelopment Plan
2. Map
3. Resolution —
REDEVELOPMENT PLAN
AND
TAX INCREMENT FINANCING PLAN
FOR
DOWNTOWN CHANHASSEN REDEVELOPMENT AREA
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE
CITY OF CHANHASSEN
MODIFICATION NO. 13
March 14, 1994
Prepared By:
HOLMES & GRAVEN, CHARTERED
470 Pillsbury Center
Minneapolis, Minnesota 55402
/
TABLE OF CONTENTS
Page
I. Redevelopment Plan 1
A. Definitions 1 —
B. Project Area. 2
C. Project Area Redevelopment Objectives. 2
D. Proposed Project Area Redevelopment Activities. 3 _
E. Project Area Plan 4
F. Project Area Financing 5
II. Tax Increment Financing Plan 6 —
A. Statutory Authority 6
B. Statement of Objectives 6 —
C
C. Statement of Public Purpose 7
D. Relation to Redevelopment Plan 7
E. Boundaries of TIF District 7 —
F. Description of Downtown Redevelopment Area 7
G. Development and Other Agreements 7
H. History and Classification of TIF District 8
I. Modification of TIF Plan 8 —
J. Use of Tax Increment 8
K. Excess Tax Increment 9
L. Duration and Modification of the TIF District 9 _
M. Relocation 9
N. Properties to be Acquired Within the TIF District 9
O. Public Improvements Plans 10
P. Estimate of Project Costs 10 —
Q. Original Tax Capacity. 12
R. Estimate of Captured Tax Capacity and Tax Increment 12
S. Estimate of Impact on Other Taxing Jurisdictions 12 —
T
T. Annual Report Regarding TIF 12
(1) _
I. REDEVELOPMENT PLAN
A. DEFINITIONS.
For the purposes of the Redevelopment Plan and Tax Increment Financing
Plan, the following terms shall have the meanings specified below, unless the context
otherwise requires:
"City" means the City of Chanhassen, a municipal corporation under the laws
of the state of Minnesota;
"Comprehensive Plan" means the City's Comprehensive Plan, including the
objectives, policies, standards and programs to guide public and private land use,
development, redevelopment and preservation for all lands and water within the
City;
"City Council" or "Council" means the Chanhassen City Council;
"County" means Carver County, Minnesota;
"HRA Act" means Minnesota Statutes, sections 469.001 through 469.047, as
amended;
"Housing and Redevelopment Authority" or "HRA" means the Housing and
Redevelopment Authority in and for the City of Chanhassen, Minnesota, created
pursuant to the HRA Act;
"Redevelopment Plan" means the plan for redevelopment of the Project,
originally adopted by the City on December 19, 1977, and as subsequently modified;
"Redevelopment Project" or "Project" means the redevelopment project
established by the City on December 19, 1977, in downtown Chanhassen and
expanded on December 18, 1978, to include the Chanhassen Lakes business park
south of T.H. 5, pursuant to Minnesota Statutes, sections 469.001 through 46S 047;
"State" means the State of Minnesota;
"Tax Increment Bonds" means any general obligation or revenue tax increment
bonds issued by the City to finance the public costs associated with the Project as
stated in the Redevelopment Plan and in the TIF Plan, or any obligations issued to
refund the Tax Increment Bonds;
"Tax Increment Financing Act" or "TIF Act" means Minnesota Statutes,
sections 469.174 through 469.179, as amended; and
"Tax Increment Financing District" means 'he tax increment financing district
established within the downtown redevelopment` area and the Chanhassen Lakes
business park area;
"Tax Increment Financing Plan" or "TIF Plan" means the plan by which the
HRA intends to assist development within the Project, which Plan was originally
adopted on December 19, 1977, and as subsequently modified. This marks the
thirteenth formal modification of the TIF Plan.
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B . PROJECT AREA.
The Chanhassen Downtown Redevelopment Project Area contains
approximately 2,200 acres of land. One hundred seventy-five acres are
located north of T.H. 5 and comprise what is generally recognized as
downtown Chanhassen. The remainder of the Project Area is south of T.H.
5 in the Chanhassen Lakes business park and other areas. The Project Area
officially includes all lands shown in Figure 1 of this Modification No. 13.
Approximately 1 ,519 acres is being added to the Project Area as a result of
this modification in order to accommodate the Chanhassen/Carver County road
construction projects detailed herein. This represents an expansion of the
Project Area but not of the tax increment financing district.
The Project Area is generally described as being bounded by Audubon
Road on the west, and then follow T.H. 5 west to Galpin Boulevard, then
north approximately five hundred (500) feet, then the line is extended due
east to Laredo Drive, then south to West 78th Street, then east to T.H. 101
which is the T.H. 5, also including lands west of T.H. 101, then south of
T.H. 5 to the Lake Drive East and Dakota Avenue intersection, then east to
the old and current alignment of T.H. 101 south, but also including lands east
of T .H. 101 and Lyman Boulevard on the south.
C. PROJECT AREA REDEVELOPMENT OBJECTIVES.
The HRA through this Redevelopment Plan seeks to achieve the
following objectives:
1 . Diversify the tax base of the City by encouraging commercial and
industrial development which in turn will enhance employment
opportunities, create stability in the tax base and increase and
protect property values;
2. Encourage redevelopment of commercial and service-oriented
businesses to better serve the consumer needs of the community;
3. Remove structurally substandard buildings which cannot be
rehabilitated;
4. Acquire and remove buildings that are economically or
functionally obsolete or under utilized and acquire land that is
vacant or under utilized to facilitate redevelopment;
5. Eliminate blighting influences which impede potential development
in the area;
6. Provide redevelopment sites of the size and character necessary
to assure development of the area and strengthen the overall
economy and improve the sources of public revenue;
7. Promote industrial development, provide increased employment
opportunities and supplement the financial base of the
community;
8. Provide land for publicly assisted housing;
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9. Provide land for needed expansion of existing businesses in the
area;
10. Provide adequate street, utility and other public improvements
and facilities to enhance the area for both new and existing
development;
11 . Achieve rehabilitation of buildings when economically feasible;
12. Accomplish the applicable goals of the City's Comprehensive
Plan;
13. Provide maximum opportunity, consistent with sound needs of
the City as a whole, for redevelopment by private enterprise;
14. Provide general design guidance in conjunction with suitable
development controls in order to enhance the physical
environment of the area;
15. Encourage and facilitate involvement of the community in
resolving neighborhood problems related to business, physical
structures and land use; and
16. Provide financial incentives as appropriate to stimulate growth
and private sector redevelopment efforts within the Project Area.
D. PROPOSED PROJECT AREA REDEVELOPMENT ACTIVITIES.
The stated objectives of the Redevelopment Plan are intended to be
accomplished through the following actions of the HRA:
1 . Clearance and redevelopment;
2. Relocation of buildings and the inhabitants of buildings;
3. The provision of building sites for new and expanding
businesses;
4. Vacation of rights-of-way;
5. Dedication of new rights-of-way;
6. Land acquisition and leasing;
7. Soils corrections and land preparation;
8. A Special Assessment Reduction Program designed :o stimulate
development within the Project Area;
9. New construction, or improvement of public streets and parking
lots;
10. Installation or replacement of public facilities and utilities;
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CH130-5 3
11 . Financial subsidies to induce businesses to locate within the
Project Area; and
12. Landscaping and streetscape improvements.
E. PROJECT AREA PLAN.
Figure 2 of Modification No. 11, dated April 17, 1992 portrays the
overall plans for the Project Area. Plan highlights include the following:
1 . The Chanhassen Lakes business park comprising 450 acres, fully
served by sewer, water and landscaped streets;
2. The downtown redevelopment area which is intended to be —
redeveloped for a multiplicity of uses including convenience and
specialty retail, services, entertainment, recreational, cultural,
office, institutional and multi-family residential and including
public parking to adequately serve new developments;
3. A linear open space system within the business park and
including parks on Lake Susan and in downtown Chanhassen;
4. The relocation of T.H. 101 to intersect with T.H. 5 at Dakota
Avenue and remove traffic from the downtown area by routing it
directly to T.H. 5 and new Market Boulevard;
5. The extension of Lake Drive from County Road 17 to T.H. 101 to
accommodate local traffic demands;
6. The realignment of West 78th Street at County Road 17 to provide
adequate stacking distance between West 78th Street and T.H.
5;
7. The widening of County Road 17 from Lake Drive to the northerly
line of the tax increment financing district and the creation of an
urban section in this Project Area;
8. The construction or reconstruction of public utilities within the
downtown redevelopment area to accommodate new development
including the acquisition and construction of a major ponding
area with over a million cubic feet of storage to serve all of the
downtown area;
9. The construction of Market Boulevard from West 78th Street to
the southerly line of the tax increment financing district;
10. The construction of Lake Drive from Audubon to existing T.H.
101 and the upgrading of Audubon within the tax increment
financing district; and
11 . Redevelopment of the area north of T.H. 5 extending from Great
Plains Boulevard easterly to realigned T.H. 101 ;
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12. The development of a new park and the expansion of an existing
park;
13. Heritage preservation enhancements;
14. The meeting of public facility needs; and
15. Aesthetic improvements to Highway 5 to enhance the downtown
area's image and identity.
F. PROJECT AREA FINANCING.
The HRA has undertaken and intends to continue to develop plans for
public improvements and to make land available for redevelopment by private
parties within the Project Area. Previous Redevelopment Plans have contained
descriptions of new projects. New proposals proposed by the HRA at this time
are detailed in Subsection G of the accompanying modified Tax Increment
Financing Plan. The HRA intends to finance both public improvements and
redevelopment activities through a combination of special assessments and tax
increment financing. Special assessments levied within the Project Area may
be eligible for reimbursement through the HRA's Special Assessment
Reduction Program which is described in more detail in Subsection P of the
accompanying Tax Increment Financing Plan. Tax increment paid to the HRA
is pledged through a written agreement with the City for repayment of bonds
issued by the City to pay for public costs in the Project Area.
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II. TAX INCREMENT FINANCING PLAN
A. STATUTORY AUTHORITY.
Pursuant to the HRA Act, the City on December 19, 1977 created the
Project in the downtown portion of Chanhassen north of Highway 5 and
established the area as a tax increment financing district. On December 18,
1978, the Project was expanded to include an additional 450 acres south of
Highway 5 and that area was also included as part of the TIF District. At the
time of the creation of the Project, the Redevelopment Plan was adopted by the
HRA and the City. The Redevelopment Plan contained details of the Project,
and included a brief discussion regarding the use of TIF. This constituted
the "statement of the method proposed for financing" the Project required at
that time by the HRA Act. The Project has also been expanded since 1978 and
is being enlarged by the adoption of a modified Redevelopment Plan concurrent
with the modified TIF Plan. This modification does not involve an enlargement
of the TIF district.
Due to changed circumstances and new development opportunities, the HRA
and City have chosen from time to time to amend the TIF Plan. The HRA and
the City now wish to adopt another modified TIF Plan which accurately reflects
the current financial plan for the Project, with particular emphasis on
downtown Chanhassen. This constitutes the thirteenth modified TIF Plan.
However, adoption of this modified TIF Plan does not constitute an election on
the part of the City or HRA to proceed with the Project under the TIF Act,
except to the extent required by section 469.179. The HRA and City intend
to continue to administer the Project as a TIF District created and certified
prior to August 1, 1979, to the extent permitted by law.
B. STATEMENT OF OBJECTIVES.
The HRA and City seek to achieve the following objectives through the
modified TIF Plan:
1 . Provide employment opportunities within the City;
2. Improve the tax base of the City and the general economy of the
City and State;
3. Encourage redevelopment of the Project Area which is an area of
Chanhassen which has not been utilized to its full potential;
4. Implement relevant portions of the City's Comprehensive Plan;
5. Assist in the acquisition of certain properties for the purpose of
constructing needed public improvements and promoting
redevelopment; and
6. Implement a program of special assessment reductions for
properties within the Project Area whose market values have
increased due to new construction since the creation of the TIF
District.
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C. STATEMENT OF PUBLIC PURPOSE.
In adopting the modified TIF Plan and administering the Project, the
HRA and City have made the following findings:
1 . Redevelopment of the Project would not reasonably be expected
to occur solely through private investment within the reasonably
foreseeable future and, therefore, the use of TIF is deemed
necessary;
2. The Redevelopment and TIF Plans will afford maximum
opportunity, consistent with the sound needs of the City as a
whole, for development of the Project by private enterprise; and
3. The Redevelopment and TIF Plans conform to general plans for
the development of the City as a whole.
D. RELATION TO REDEVELOPMENT PLAN.
The City authorized the Project on December 19, 1977, and modified its
boundaries on December 18, 1978. Additional land was included within the
Project Area in connection with the adoption of Modification No. 7 to the TIF
Plan in 1987 and with Modification No. 11 , dated April 17, 1992. This
Modification No. 13 adds additional property to the Project Area and is
illustrated in Figure 1 attached hereto.
E. BOUNDARIES OF TIF DISTRICT.
Boundaries of the TIF District area are shown on Figure 1 of
Modification No. 11 . The TIF District includes property in both the downtown
and Chanhassen Lakes business park areas. Legal descriptions of the
boundaries of the TIF District were included as exhibits to Resolution
Nos. 77-72 and 78-73, adopted by City Council on December 19, 1977 and
December 18, 1978, respectively. The boundary of the TIF District will not
be changed as a result of this Modification No. 13.
F. DESCRIPTION OF DOWNTOWN REDEVELOPMENT AREA.
The downtown redevelopment area is the portion of the Project
originally created by the City in 1977. It consists of approximately 175 of the
Project's total of 2,200 acres. The downtown redevelopment area is located
north of Highway 5 and a majority of it is west of Highway 101 (Great Plains
Boulevard) . The area contains the retail and commercial core of the City,
including the Chanhassen Dinner Theater. Although the infrastructure and
public facilities have been improved significantly in recent years, the
downtown redevelopment area is still characterized by the underutilization of
land.
G. DEVELOPMENT AND OTHER AGREEMENTS.
The HRA has negotiated numerous agreements with developers in the
past seeking to develop land within the downtown redevelopment area. Many
of these projects have been outlined and discussed in previous modifications.
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In addition to those matters, the following projects are the subject of current
or upcoming negotiation:
1. Target Store. The HRA intends to purchase approximately 16
acres for development of a Target Store and the creation of
several outlots. The project will be located north of Highway 5
and south of West 78th Street. A portion of West 78th street will
be vacated to accommodate the project. Target will occupy a site
of slightly more than 10 acres.
2. Taco Shop/Apple Valley Redimix. These properties on Highway
5 will be redeveloped with more attractive and appropriate land
uses. Plans call for use of portions of these sites for highway-
related amenities, including a rest stop or open space. Other
portions will be developed for highway-oriented commercial uses.
3. Conference Center/Recreational Center. The HRA intends to
acquire property north of the Soo Line railroad in the vicinity of
the Chanhassen Dinner Theater, including the FMG Warehouse,
Chanhassen Bowling Center and Frontier Building. Plans call for
development of a multipurpose conference center/recreation
center/bowling facility. Retail uses, including a cinema or
restaurant, and a library may also be included.
H. HISTORY AND CLASSIFICATION OF TIF DISTRICT.
The TIF District was established by the HRA and City in late 1977 and
contained approximately 175 acres centered on what is now known as the
downtown redevelopment area. The TIF District was expanded the following
year with the inclusion of approximately 455 acres in the area south of
Highway 5 known as the Chanhassen Lakes business park. For purposes of
classification, the TIF District is a pre-1979 TIF District and the HRA and
City intend to retain that designation except as required by section 469.179
of the TIF Act.
I. MODIFICATION OF TIF PLAN.
This modification marks the thirteenth formal modification of the TIF
Plan. The TIF Plan may be modified again in the future by the HRA and City
as changing conditions warrant.
J. USE OF TAX INCREMENT.
All revenues derived from the TIF District shall be used in accordance
with the current modified TIF Plan. The revenues shall be used to finance or
otherwise pay the capital and administrative costs of development activities
within the Project Area as identified in the TIF Plan. Tax increment paid to
the HRA is pledged through a written agreement with the City for repayment
of bonds issued by the City to pay for public costs in the Project Area.
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K. EXCESS TAX INCREMENT.
In any year in which the increment exceeds the amount necessary to pay
the costs authorized by the TIF Plan, the HRA shall use the excess amount to
do any of the following, in the order determined by the HRA:
1 . Prepay any outstanding bonds;
2. Discharge the pledge of tax increment therefore;
3. Pay into an escrow account to the county auditor who shall
distribute the excess amount to the City, the County and the
school district in direct proportion to their respective tax
capacity rates or in accordance with any agreement between the
County and the City or the HRA.
In addition, the HRA and City may choose to modify the TIF Plan again
in order to provide for public improvements or other development costs within
the Project.
L. DURATION AND MODIFICATION OF THE TIF DISTRICT.
The geographic area of the TIF District may be reduced but it cannot
be enlarged after August 1 , 1984. As a TIF District established prior to
August 1, 1979, the TIF District will expire on August 1, 2009, except as the
provisions of section 469.176, subdivision 1(e) of the TIF Act may require
otherwise.
M. RELOCATION.
The HRA accepts as binding its obligations under Minnesota Statutes,
sections 117.50 through 117.56 for relocation and will administer relocation
services for families, individuals and businesses displaced by public action.
N. PROPERTIES TO BE ACQUIRED WITHIN THE PROJECT AREA.
Figure 3 of Modification No. 11 showed all properties which had been or
were proposed to be acquired within the Project Area as a result of actions
described or authorized by the then-current TIF Plan. Several additional
parcels are scheduled for acquisition as a result of this Modification No. 13,
including the following:
1. Part of Lot 3, Block 2, Frontier Development Park. This
property is located west of the Chanhassen Inn between W. 79th
Street and T.H. 5. It is being acquired because it has been
designated as wetlands.
2. Right-of-way for Co. Rd. 17 from West 78th Street to Lyman
Blvd.
3. Right-of-way for Lyman Blvd. from T.H. 101 to Audubon Road.
4. Land necessary to accommodate pedestrian bridge over T.H. 5
and related trails.
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5. Willie Kline property/right-of-way for future T.H. 101
alignment.
Acquisition for projects 2 and 3 above are being pursued in accordance with
the Chanhassen/Chaska/Carver County road funding project, whereby
Chanhassen and Chaska have agreed to assist Carver County in funding
certain road improvements. The designated improvements are one which have
been identified in the Eastern Carver County Transportation Study as having
high priority, but which Carver County is unable to afford solely on its
resources within the reasonably foreseeable future. The HRA and city have
agreed to fund a portion of these county road costs within the next five years
and will be reimbursed for such expenses by Carver County during the period
2001 through 2003 and thereafter if permitted by law. The properties
identified above for acquisition are shown on Figure 2.
O. PUBLIC IMPROVEMENTS PLANS.
Substantial public improvements have been undertaken during the last
several years within the Project Area. Additional improvements are
contemplated at the present time or in the near future, including the road
improvements discussed above. All public improvements, including those
contemplated by the Chanhassen/Chaska/Carver County road funding
agreement, will be constructed in accordance with all requirements of law.
P. ESTIMATE OF PROJECT COSTS.
Since the downtown redevelopment area is within an existing TIF
District, increment is currently being generated and administered by the
HRA. Increment generated by the TIF District has been collected by the HRA
since shortly after the creation and expansion of the TIF District and Project
in the late 1970s. Funds generated through tax increment have been used for
a variety of purposes, including land acquisition, relocation and public
improvements. The HRA commits itself to expend the portion of the increment
generated by the TIF District which is necessary to pay the outlined costs.
The HRA has participated a special assessment reduction program for
properties throughout the Project. Under the modified program in effect as
of the adoption of this Modification No. 13, benefitted properties are eligible
for reductions in assessments if there has been an increase in the assessed
value of the properties due to new construction. The amount of the reduction
for which a property owner is eligible is equal to one-half the tax increment
from the parcel (as determined by the auditor and adjusted for fiscal
disparities contributions) for the period commencing with the year in which
the HRA receives the first full year's increment through the year 2000.
However, the maximum reduction may not exceed the total special assessments
levied and outstanding against the parcel for qualifying public improvement
projects. Owners wishing to participate must enter into a special assessment
reduction agreement with the HRA.
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In addition to project costs outlined in previous modifications, the
following are costs anticipated for upcoming projects:
Land Acquisition
Part of Lot 3, Block 2,
Frontier Development Park $ 35,000
Pedestrian bridge pads and
related trails 57,000
Willie Kline property/right-of
way for future T.H. 101 alignment 120,000
Public Improvements
Reconstruction of Co. Rd. 17
from West 78th Street to Lyman Blvd. 4,450,000
Reconstruction of Lyman Blvd.
from T.H. 101 to Audubon Road 2,000,000
Construction of Pedestrian Bridge 450,000
Highway entry monuments and landscaping
at intersections of T.H. 5 and Co. Rd.
17, Market Blvd. , Dakota, and Great Plains 500,000
Administration 750,000
TOTAL $8,362,000
As detailed elsewhere in this Modifications No. 13, the HRA is committed to
certain expenditures which will be of mutual benefit to the HRA, Carver
County and I.S.D. No. 112. The HRA intends to expend $6,500,000 on county
highway projects within the Project Area. The City has entered into an
agreement with Carver County regarding these expenditures and
reimbursement for same by Carver County out of excess tax increment during
the years 2001 through 2003, or later, as permitted by law. The City will
continue to evaluate its overall financial commitment so as to allow "excess levy
distributions" to the school district as authorized by state law.
Under current state law, the HRA's activities within the Project Area
will be substantially curtailed beginning on April 1, 2001 . The HRA intends
to seek adjustment of those restrictions from the Minnesota legislature and will
seek the support of Carver County and I.S.D. No. 112 in its efforts to secure
special legislation for this purpose. If the HRA is successful in these efforts,
the HRA will initiate a discussion with the county and school district
regarding sharing increment during the period following April 1, 2001.
BIECB65365
CH130-5 11
Q Q. ORIGINAL TAX CAPACITY.
The Tax Increment Financing District has been highly successful in
meeting the goals and objectives outlined in this Plan. With the completion of
all projects currently anticipated, over three million square feet of commercial
and industrial space will have been constructed. The current total tax
capacity of the Tax Increment District is $3,579,891 with a base tax capacity
of $150,972.
R. ESTIMATE OF CAPTURED TAX CAPACITY AND TAX INCREMENT.
The HRA's estimate of captured tax capacity of the TIF district has
been outlined in previous modifications, most recently in Modification No. 12
adopted December 14, 1992. None of the new projects or expenditures
outlined in this modification will increase the estimated captured tax capacity
of the TIF district.
S. ESTIMATE OF IMPACT ON OTHER TAXING JURISDICTIONS.
The HRA's estimates of the fiscal impact of various new improvements
within the TIF district have been outlined in each previous modification as
appropriate, including new projects discussed in Modification No. 12 adopted
on December 14, 1992. Since this modification does not relate to any new
private, taxable projects, there is no change in the HRA's estimate of the
fiscal impact of the TIF district on taxing jurisdictions.
T. ANNUAL REPORT REGARDING TIF.
Pursuant to section 469.175, subd. 6a of the TIF Act, the HRA must
report annually by March 1 to the Minnesota commissioner of revenue the
following amounts for the entire municipality:
1. the total principal amount of nondefeased tax increment financing
bonds that are outstanding at the end of the previous calendar
year; and
2. the total annual amount of principal and interest payments that
are due for the current calendar year on (i) general obligation
tax increment financing bonds, and (ii) other tax increment
financing bonds.
The HRA must also annually report to the commissioner of revenue the
following amounts for the TIF district.
1 . the type of district, whether economic development,
redevelop=gent, housing, soils condition, mined underground
space, or hazardous substance site;
2. the date on which the district is required to be decertified;
3. the captured net tax capacity of the district, by property class
as specified by the commissioner of revenue, for taxes payable
in the current calendar year;
RH865365
CH130-5 12
4. the tax increment revenues for taxes payable in the current
calendar year;
_ 5. whether the tax increment plan or other governing document
p.emits increment revenues to be expended (i) to pay bonds, the
proceeds of which were or may be expended on activities located
outside of the district, (ii) for deposit into a common fund from
which money may be expended on activities located outside of the
district, or (iii) to otherwise finance activities located outside of
the tax increment aistrict; and
6. any additional information that the commissioner of revenue may
require.
RH865365
CH130-5 13
HOLMES & GRAVEN
CHARTERED
Attorneys at Law
470 Pil4bur?Center,Minneapolis,Minnesota 55402
ROBERT A.ALSOP (612)337-9300 ROBERT C.LONG
RONALD H.BATTY LAURA K.MOLLET
STEPHEN J.BIBL1 Facsimile(612)337-9310
BARBARA L PORTwOOD JOHN B.DEAN JAMES M.STROMMEN
MARY G.DOBBINS JAMES J.THOMSON,JR.
STEFANIE N.GALEY LARRY M.WERTHEIM
CORRINE A.HEINE BONNIE L WILKINS
JAMES S.HOLMES WRITER'S DIRECT DIAL GARY P.WINTER
DAVID J-KENNEDY DAVID L.GRAVEN(1924.1991)
JOHN R.LARSON 337-9262 —
WELLINGTON H.LAW OF COUNSEL
CHARLES L.LEFEYERE ROBERT C.CARLSON —
JOHN M.LEFEYRE,JR. ROBERT L.DAVIDSON
ROBERT J.LINDALL T.JAY SALMEN
February 10, 1994
Dr. Dave Clough
Superintendent
Independent School District No. 112
1700 Chestnut Street
Chaska, MN 55318
RE: Modification No. 13, City of Chanhassen Redevelopment Plan and TIF Plan
(Downtown Chanhassen Redevelopment Area)
Dear Superintendent:
This is to notify I.S.D. No. 112 that the City of Chanhassen will conduct a public
hearing on Modification No. 13 of the Redevelopment Plan and TIF Plan for the
captioned Project at a city council meeting on Monday, March 14, 1994, at 7:30 p.m.
in the city hall. A representative of the school district is invited to attend the -
meeting or you may send written comments to Mr. Don Ashworth, Chanhassen City
Manager.
Enclosed is a draft copy of modification No. 13 of the Redevelopment Plan and TIF
Plan. If you have any questions regarding the Plans, please feel free to call me at
337-9262 or Mr. Ashworth at 937-1900.
Sincerely,
onald H. Batty
Special County to the
City of Chanhassen
RHB :ckr
13.111345018
CR130-5
HOLMES & GRAVEN
CHARTERED
Attorneys at Law
170 Pillsbury Center,Minneapolis,Minnesota 55402
ROBERT A.ALSOP (612)337.9300 ROBERT C.LONG
RONALD H.BATTY LAURA K.MOLLBT
STEPHEN J.BUBLI, Facsimile(612)337.9310 BARBARA L PORTWOOD
JOHN B.DEAN JAMES M.STROMMEN
— MAYY G.DOEBLNS JAMES J.THOMSON,JR.
STEFANIE N.GALEY LARRY M.WERTHEIM
CORRINE A.HEPiE BONNIE L WILKINS
JAMES S.HOLMES WRITER'S DIRECT DIAL GARY P.WINTER
DAVID J.KENNEDY DA YID L.GRAVEN(1919-1991)
Jo1CN R.LARSON 337-9262
WELLINGTON H.LAW OF COUNSEL
CHARLES L.LEFEYERE ROBERT C.CARLSON
JOHN M.LEFEYRE,JR. ROBERT L.DAVIDSON
ROBERT J.LINDALL T.JAY SALMEN
February 10, 1994
Mr. Dick Stolz
County Administrator
Carver County Courthouse
600 East Fourth Street
Chaska, MN 55318
RE: Modification No. 13, City of Chanhassen Redevelopment Plan and TIF Plan
(Downtown Chanhassen Redevelopment Area)
Dear Mr. Stolz:
This is to notify Carver County that the City of Chanhassen will conduct a public
hearing on Modification No. 13 of the Redevelopment Plan and TIF Plan for the
captioned Project at a city council meeting on Monday, March 14, 1994, at 7:30 p.m.
in the city hall. A representative of the county is invited to attend the meeting or
you may send written comments to Mr. Don Ashworth, Chanhassen City Manager.
Enclosed is a draft copy of modification No. 13 of the Redevelopment Plan and TIF
_ Plan. If you have any questions regarding the Plans, please feel free to call me at
337-9262 or Mr. Ashworth at 937-1900.
Sincerely,
W''(-CaeW /� do, I0,
Ronald H. Batty
Special County to the
City of Chanhassen
RHB:ckr
REM 45018
CH130-5
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rz CHANHASSEN LEGEND
• ref 4641 I.. • DOWNTOWN
REDEVELOPMENT Tax Incr•rrient District
PLAN
. Ar•a
Hoisington Koegler Group Inc. _ sting Prol•ct
'300 Metro Blvd • Suite 525
C
. .. ... . Proposed Proiect Ares riseNaSSEsi. MINNESOTA
Minneapolis, MN 55439 • ;612)835-9960
l
/1.-',' ''--
,"
CITY OF CHANHASSEN
HOUSING AND REDEVELOPMENT AUTHORITY
Date Resolution No.
Motion By Seconded By
RESOLUTION APPROVING MODIFICATION NO. 13
TO THE REDEVELOPMENT AND TAX
INCREMENT FINANCING PLANS FOR THE
CHANHASSEN DOWNTOWN REDEVELOPMENT PROJECT
BE IT RESOLVED by the Housing and Redevelopment Authority in and for the
City of Chanhassen, Minnesota as follows:
Section 1 . Recitals.
1 .01 . The Housing and Redevelopment Authority in and for the City of
Chanhassen (Authority) and the City Council of the City of Chanhassen (City)
approved a redevelopment project for the downtown Chanhassen area (Project) and
adopted a redevelopment plan and tax increment financing plan for same
(collectively, Plans) on November 29, 1977 and December 19, 1977, respectively.
1 .02. Due to changes in the nature and extent of public and private
improvements to be constructed or increases the area included within the Project,
the Plans have been the subject of twelve modifications since their adoption in 1977.
1 .03. Additional changes in the public and private improvements to be
constructed within the Project have now necessitated another modification.
1 .04. In response to these changes, the Authority and the City have
authorized the preparation of a modified Redevelopment Plan and Tax Increment
Financing Plan which are contained in a document entitled "Redevelopment Plan and
Tax Increment Financing Plan for Downtown Chanhassen Redevelopment Area,
Modification No. 13" dated March 14, 1994 and on file with the Authority.
Section 2. Authority Approval.
2.01 . The Authority finds that the objectives of the Authority and the City
of encouraging development and redevelopment within the Project will be advanced
by adoption of the modified Plans.
2.02. The modified Plans are hereby approved and adopted by the Authority.
_ The modified Plans incorporate by reference the original Plans and all subsequent
amendments thereto, except as the modified Plans explicitly or by reasonably
RHB29554 `�r/--�
CH130-11 1 -
necessary implication conflict with the original Plans or any of the first twelve
amendments thereto.
Section 3. Further Proceedings.
3.01 . It is noted that copies of the modified Plans have been transmitted to the
board of Independent School District No. 112 and the board of commissioners of
Carver County for review and comment and that said public bodies have been
notified of the hearing to be held on the Plans by the City.
3.02. The Authority requests the City to hold a public hearing on the Plans
pursuant to Minn. Stat. Sections 469.028 and 469.175 as soon hereafter as is
practicable and recommends that the modified Plans be approved by the City.
Adopted by the Housing and Redevelopment Authority in and for the City of
Chanhassen, Minnesota this day of , 1994. —
Chairperson
ATTEST:
Secretary _
REB29554
CH130-11 2 _
City of Chanhassen
Carver and Hennepin Counties, Minnesota
Planning Commission
DATE: RESOLUTION NO:
MOTION BY: SECONDED BY:
RESOLUTION FINDING MODIFICATION NO. 13 TO THE
REDEVELOPMENT AND TAX INCREMENT FINANCING PLANS
FOR THE CHANHASSEN DOWNTOWN REDEVELOPMENT PROJECT
CONSISTENT WITH THE PLANS FOR DEVELOPMENT OF
THE CITY OF CHANHASSEN
WHEREAS, the Chanhassen City Council and the Housing and Redevelopment
Authority have authorized preparation of Modification No. 13 to the Redevelopment
and Tax Increment Financing Plans for the Chanhassen Downtown Redevelopment
Project and have submitted Modification No. 13 to the Planning Commission for
comment and;
WHEREAS, the Planning Commission has made a thorough review of
Modification No. 13 and has compared it with the plans for development of the City
as a whole.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Chanhassen, Minnesota as follows:
1 . That Modification No. 13 to the Redevelopment and Tax Increment Financing
Plans is found to be consistent with the plan for development of the City of
= Chanhassen as a whole.
2. It is recommended that the City Council of the City of Chanhassen hold a
public hearing as required by law and adopt Modification No. 13.
Passed and adopted by the Planning Commission of the City of Chanhassen this
day of , 1994.
ATTEST:
Secretary Chairperson
RHH29487
CH130-5 1 /
l
CITY OF
C II AN 11ASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
— TO: Planning Commission
Action by Clty AdmInItttotet
t,dorse, V D U ,t
FROM: Kate Aanenson, Senior Planner Ma+ttRd
Rejected
Dar -dj-yy
DATE: February 16, 1993 tie Sub :tte� to cc--11s4311
3-a-�1
SUBJ: Amendments to the Wetland Ordinance Dote St0-mtrd to Council
Background
Roger Knutson, the City Attorney, has prepared amendments to the city's existing wetland
ordinance. The city adopted a new wetland ordinance on December 14, 1992. The proposed
amendments will bring the city into full compliance with the Wetland Conservation Act of 1991.
In addition, the ordinance changes the septic system setback from 150 to 75 feet, which will
make it consistent with the shoreland regulations.
Diane Desotelle, the City's Water Resources Coordinator, has summarized the changes to the
wetland ordinance (see attachment).
Recommendation
Staff is recommending that the Planning Commission adopt the proposed amendments to the
Wetland Protection Ordinance.
Attachments
1. Memo from Diane Dosetelle dated February 14, 1994
2. Proposed Wetland Ordinance Amendment
3. Existing Chanhassen Wetland Ordinance
g',plan\.ka,wctland atnd
o4tt, „ CITYOF
CHANIIASSEN _
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 _
(612) 937-1900 • FAX (612) 937-5739
' +
-
MEMORANDUM
TO: Kate Aanenson, Sr. Planner —
FROM: Diane Desotelle, Water Resources Coordinator i.:
DATE: February 14, 1994
SUBJ: Wetland Protection Ordinance Amendment Summary _
1. The main purpose for the amendment is to incorporate the permanent rules of the Wetland
Conservation Act of 1991 (Act) and the accompanying rules of the Minnesota Board of Water —
and Soil Resources (Rules). Terms used in this ordinance which are defined in the Act or the
Rules have the meanings given there.
2. The setback for septic and soil absorption systems was reduced from 150 feet to 75 feet
from the ordinary high water mark of the wetland.
3. Mitigation of wetlands will be performed at a ratio required by state law. This may mean
that mitigation greater than or equal to 1:1, but not exceeding 2:1 will be required.
4. Section 20-413 (b) describes the technical evaluation panel that is described fully in the
Act.
5. The list of exemptions have been removed since they are fully described in the Act.
g:kag'diane\wetlands\wcabrdamend.94
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE ZONING ORDINANCE,
CONCERNING WETLAND PROTECTION
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Section 20-401 of the Chanhassen City Code is amended to read:
Sec. 20-401. Findings, Intent, and Incorporation by Reference.
(a) Wetlands help maintain water quality, serve to reduce flooding and erosion,
act as sources of food and habitat for a variety of Fish and wildlife, and are an integral
part of the community's natural landscape. Wetlands provide the aesthetic benefits of
_ open space and can be used to provide a natural separation of land uses. It is the intent
of this article to establish a policy of sound stewardship through coordination of
regulations which conserve, protect, enhance, and result in the no net loss of these
environmentally sensitive resources. In addition, it is the intent of the City to promote the
restoration of degraded wetlands.
(b) The intent of this article is to avoid alteration and destruction of wetlands.
When this is not feasible, mitigation must be provided to recreate the lost or altered
wetlands value and function.
(c) This ordinance is adopted in part to implement the Wetland Conservation
Act of 1991 (Minn. Laws 1991, Chapter 354, as amended), and the accompanying rules
of the Minnesota Board of Water and Soil Resources (Minn. Rules Chapter 8420, as
amended).
(d) This ordinance incorporates by reference the Act and the Rules. Terms
used in this ordinance which are defined in the Act or the Rules have the meanings
given there.
SECTION 2. Section 20-404 of the Chanhassen City Code is amended to read:
Sec. 20-404. No Net Loss.
To achieve no net loss of wetland, except as provided under Section 20-416 of
this article, or authorized by a wetland alteration permit issued by the City, a person may
10896
not drain, grade, fill, remove healthy native vegetation, or otherwise alter or destroy a
wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration
permit. must be fully mitigated so that there is no net loss of wetlands.
SECTION 3. Section 20-405, subparagraph (1) of the Chanhassen City Code is
amended to reaa:
(1) Septic and soil absorption system must be a setback minimum of seventy-
five (75) feet from the ordinary high water mark of the wetland.
SECTION 4. Section 20-407 of the Chanhassen City Code is amended to read:
Sec. 20-407. Wetland Alteration.
An applicant for a wetland alteration permit shall adhere to the following principles
in descending order of priority:
(1) Avoiding the direct or indirect impact of the activity that may destroy or
diminish the wetland;
(2) Minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation;
(3) Rectifying the impact by repairing, rehabilitating, or restoring the affected
wetland activity and its implementation;
(4) Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the activity; and
(5) Replaces unavoidable impacts to the wetlands by restoring or creating
substitute wetland areas having equal or greater public value as set forth
in Minnesota Rules 8420.0530 to 8420.0630.
A wetland alteration permit shall not be issued unless the proposed development
complies within the provisions of the Mitigation Section of this article, as well as the
standards, intent, and purpose of this article.
SECTION 5. Section 20-408 of the Chanhassen City Code is amended to read:
Sec. 20-408. Permit Required.
Drainage, grading, filling, removal of healthy native vegetation, or otherwise
altering or destroying a wetland of any size or type requires a wetland alteration permit.
Activity in a wetland requiring a wetland alteration permit includes, but is not limited to:
(1) Construction of new streets and utilities.
10896 2
(2) Creation of ponds or dams and alterations of the natural drainageways of
water courses. This shall only be allowed as part of a mitigation project, or
to restore or improve the function and value of the wetland.
(3) Installation of boardwalks.
(4) Creation of sedimentation and water quality improvement basins if part of
a mitigation project, or used to restore or improve the function and value
of the wetland. These basins may not be created in "pristine" wetlands and
may only be created in "natural" wetlands if the City determines that there
is no reasonable alternative.
(5) Discharge of stormwater runoff in a manner that impacts the wetland.
SECTION 6. Section 20-412(a) of the Chanhassen City Code is amended to read:
(a) Mitigation intent. Where wetland alteration is approved and mitigation
is required, mitigation must result in an improvement to the wetland function and value.
_ Mitigation plans must address water quality, improvement, and maintenance of
preexisting hydrological balance and wildlife habitat. The wetland function and value will
include improvement of water quality, maintaining hydrological balance, and provision
_ of wildlife habitat. Mitigation will be performed at ratios required by state law to achieve
replacement of the wetland function and value.
SECTION 7. Section 20-412(c) of the Chanhassen City Code is amended to read
(c) Mitigation techniques.
(1) Mitigation will be performed at a ratio required by state law.
(2) Mitigation should always result in an improvement to the wetland
function and value. The wetland function and value will include
improvement of water quality, maintaining hydrological balance, and
provision of wildlife habitat.
(3) Mitigation shall provide a buffer strip as set forth in this article.
(4) Mitigation shall maintain or enhance the wetland hydrological
balance through the following:
(a) Restoration of partially drained wetlands.
(b) Creation of new wetlands.
(5) Mitigation shall provide for pretreatment of water prior to it entering
the wetland to improve water quality if required by the Chanhassen
Surface Water Management Plan.
1ca95 3
(6) Mitigation, through the buffer strip, shall provide landscaping for
nesting and food for wildlife habitat. The buffer strip landscape shall
provide for wildlife cover and utilize a diversity of native flora (i.e.,
trees, shrubs, grasses, herbaceous plants) to encourage wildlife
diversity and provide visual variety.
(7) Wetland mitigation should be undertaken on-site. If this is not
feasible, mitigation should occur locally within the subwatershed. If
this is not possible, mitigation should occur outside the
subwatershed, elsewhere in the City. Jf mitigation cannot be
accomplished on site, or if the City deems it necessary to perform
mitigation off-site, the applicant shall be responsible for contributing
into the City's wetland mitigation fund. The mitigation performed off-
site shall meet the above requirements.
SECTION 8. Section 20-413 of the Chanhassen City Code is amended to read:
Sec. 20-413. Application and Issuance of Permit.
(a) The applicant for a wetland alteration permit shall furnish the information
required by the City including, but not limited to, a site plan, topographic data,
hydrological data, and habitat evaluation procedures for the review of a wetland
alteration permit application. The planing director shall use discretion regarding the level
and complexity of information required to review the request. A wetland alteration permit
shall not be issued without having been first reviewed by the Planning Commission and
approved by the City Council following the review and hearing procedures set forth for
conditional use permits and the additional requirement of Minnesota Rules 8420.0230.
The applicant shall have the burden of proving that the proposed use or activity complies
with the purposes, intent, and other provisions of this article. The Council may establish
reasonable conditions which are specifically set forth in the permit to ensure compliance
with requirements contained in this article. Such conditions may, among other matters,
limit the size, kind, or character of the proposed work require the construction of other
structures; require replacement of vegetation and wetland function and value; establish
required monitoring procedures and maintenance activity; state the work over time;
require the alteration of the site design to ensure buffering; require the provision of a
performance security.
(b) The Chanhassen City Council shall appoint a person to serve on a
technical evaluation panel. The person must be a technical professional with expertise
in water resources management. Decisions under this ordinance must not be made until
after receiving the determination of the technical evaluation panel regarding wetland
public values, location, size, and/or type if the City Council, the landowner, or a member
of the technical evaluation panel asks for such determinations. This requirement does
not apply to wetlands for which such data is included in an approved comprehensive
wetland management plan per Minnesota Rules 8420.0240. The City Council may seek
10896 4
and consider recommendations, if any, made by the technical evaluation panel in making
replacement plan decisions.
(c) Decisions made under this ordinance may be appealed to the Board of
Water and Soil Resources under Minnesota Rules 8420.0250, after administration appeal
rights under the official controls have been exhausted.
SECTION 9. Section 20-416 of the Chanhassen City Code is amended to read:
Sec. 20-416. Exemptions.
Activities exempted by Minnesota Rules 8420.0120 shall be exempted from the
provisions of this article. However, certificates of exemption must be obtained from the
City prior to starting work.
SECTION 10. Section 20-417 of the Chanhassen City Code is amended to read:
Sec. 20-417. Variances.
Variances from the requirements of this article may be granted in accordance with
the variance provisions of this chapter as regulated by Article II, Division II of this Code
so long as the variances do not violate the Act or the Rules.
SECTION 11. Section 20-418 of the Chanhassen City Code is amended by
deleting subparagraphs (c) and (d) in their entirety.
SECTION 12. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this day of , 1993, by the City
Council of the City of Chanhassen.
ATTEST:
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1993).
10896 5
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 190
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE CONCERNING WETLANDS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Chapter 20, Article VI of the Chanhassen City
Code is amended in its entirety to read:
ARTICLE VI. WETLAND PROTECTION
Sec. 20-401. FINDINGS AND INTENT.
(a) Wetlands help maintain water quality, serve to reduce
flooding and erosion, act as sources of food and habitat for a
variety of fish and wildlife, and are an integral part of the
community's natural landscape. Wetlands provide the aesthetic
benefits of open space and can be used to provide a natural
separation of land uses. It is the intent of this Article to
establish a policy of sound stewardship through coordination of
regulations which conserve, protect, enhance, and result in the
no net loss of these environmentally sensitive resources. In
addition, it is the intent of the City to promote the restoration
of degraded wetlands.
(b) The intent of this Article is to avoid alteration and
destruction of wetlands. When this is not feasible, mitigation
must be provided to recreate the lost or altered wetlands value
and function.
Sec. 20-402 . PURPOSE.
The purpose of this Article is to assure the general health,
safety, and welfare of the residents through preservation and
conservation of wetlands and sound management of development by:
(1) Conducting an inventory and classification all wetlands
within the City and maintenance of a comprehensive set
of official City maps delineating wetlands.
(2) Establishment of wetland regulations that are
coordinated with flood protection and water quality
programs under the Chanhassen Surface Water Management
Plan.
(3) Requiring sound management practices that will protect,
conserve, maintain, enhance, and improve the present
quality of wetlands within the community.
263 r11/30/92
(4) Requiring measures designed to maintain and improve
water quality in streams and lakes.
(5) Protecting and enhancing the scenic value of wetlands.
(6) Restricting and controlling the harmful effects of land
development on wetlands.
(7) Allowing only development that is planned to be
compatible with wetland protection and enhancement.
(8) Providing standards for the alteration of wetlands when
alteration is allowed.
(9) Mitigating the impact of development adjacent to
wetlands.
(10) Educating and informing the public about the numerous
benefits and features of wetlands and the impacts of
urbanization.
(11) Obtaining protective easements over or acquiring fee
title to wetlands as appropriate.
Sec. 20-403 . DELINEATION OP WETLANDS.
Wetlands shall be subject to the requirements established
herein, as well as restrictions and requirements established by
other applicable City ordinances and regulations. The Wetland
Protection Regulations shall not be construed to allow anything
otherwise prohibited in the zoning district where the wetland
area is located.
A wetland is land that meets the definition of "wetlands"
set forth in this Ordinance. Wetland boundaries and wetland types
as established by officially adopted City maps shall be prima
facie evidence of the location and type of wetland. The official
naps shall be developed and maintained by the Planning
Department. If an applicant questions whether a wetland exists or
disputes its delineation, the applicant shall have the burden to
supply detailed information for review supporting the applicant's
position. The applicant shall provide appropriate technical
information, including but not limited to, topographical survey
and soil data deemed necessary for the City to determine the
exact wetland boundary. The Planning Director shall make a
determination to maintain the officially designated wetland
boundary or if the boundaries need to be corrected on City plans
and maps based upon the data that is supplied. Data for wetland
determination shall be certified by a registered engineer,
surveyor, or a qualified wetland consultant. The applicant may
appeal the Planning Director's determination of the wetland
boundary and type to the City Council.
This Article establishes three (3) _wetland types and one
body type:
263 2 X11/30/92
Wetlands, Aq/Urban. Wetlands that have been influenced by
agricultural or urban (residential, commercial , or
industrial) land usage are called Ag/Urban. Influences
include: over nutrification, soil erosion and
sedimentation, and water quality degradation. As a result of
these influences there is a loss of plant species diversity,
overcrowding and domination by invasive species such as reed
canary grass, and reduction in wildlife habitat.
Wetlands, Natural . Natural wetlands are still in their
natural state and typically show little sign of impact from
surrounding land usage. The vegetative community of these
wetlands are characterized by a diversity of plant species
with mixed dominance of species. Other key factors include:
presence of natural indicator species, good wildlife
habitat, and being aesthetically pleasing.
Wetlands, Pristine. Wetlands that exist in a natural state
and have special and unusual qualities worth protecting at a
high level are called Pristine. These qualities include:
outstanding vegetation community, native species population,
rare or unusual species present, and habitat for rare
wildlife species.
Utilized. Utilized water bodies created for the specific
purpose of surface water runoff retention and/or water
quality improvements. These water bodies are not to be
classified as wetlands even if they take on wetland
characteristics. Wetland alteration permits shall not be
required to undertake work on these water bodies.
Sec. 20-404 . NO NET LOBS.
To achieve no net loss of wetland, except as provided under
Section 20-416 of this Ordinance, or authorized by a wetland
alteration permit issued by the City, a person may not drain,
grade, fill , burn, remove healthy native vegetation, or otherwise
alter or destroy a wetland of any size or type. Any alteration to
a wetland, permitted by a wetland alteration permit, will be
fully mitigated so that there is no net loss of wetlands.
Sec. 20-405. STANDARDS.
The following standards apply to all lands within and
abutting a wetland:
•
(1) Septic and soil absorption system must be a setback
minimum of one hundred fifty (150) feet from the
ordinary high water mark of the wetland.
(2) The lowest ground floor elevation is three (3) feet
above ordinary high water mark of the wetland.
(3) Docks or walkways shall be elevated six (6) to eight
(8) inches above the ordinary high water mark or six
263 3 r11/30/92
(6) to eight (8) inches above the ground level ,
whichever is greater.
(4) Access across a wetland shall be by means of a
boardwalk and only upon approval of a wetland
alteratipn permit.
(5) The City's Best Management Practices Handbook shall be
followed.
Sec. 20-406 . WETLAND BUTTER STRIPS AND SETBACKS.
(a) For lots created after December 14 , 1992 (date of
ordinance adoption) , a buffer strip shall be maintained abutting
all wetlands. Buffer strip vegetation shall be established and
maintained in accordance to the following requirements. Plant
species shall be selected from wetland and upland plants to
provide habitat for various species of wildlife. Buffer strips
shall be identified by permanent monumentation acceptable to the
City. In residential subdivisions, a monument is required for
each lot. In other situations, a monument is required for each
300 feet of wetland edge. The buffer strips and structure
setbacks shall meet the following standards:
Wetland Tvve pristine natural Aa/Urban Utilized
Principal 100' 40' 40' 0'
Structure measured measured
Setback from the from the
outside edge outside edge
of the of the
buffer strip* buffer strip*
Buffer
Strip 20-100' 10-30' 0-20' 0'
Buffer Strip
1ininum
Average Width 50' 20' 10' 0'
% of Native
Vegetation in
Buffer Strip Entire Entire Optional Optional
263 4 r11/30/92
AG/URBAN WETLAND ILLUSTRATION
suFFER .
•
1TRE T
31' I :1 WETLAND
EDGE
MOPE
DO'it/WaFRONTI SETBACK
1-17311ACI(°. DUFFER
I I
I I I
0'EAR- 3
V/ETLAND WPM IMP\
(=RAGE 10'DEPTH)
The dimensions of the buffer strips may be adjusted by the City
based upon the quality of the wetland, local topographic
conditions, and the type and design of development being
proposed. The table above provides minimum and maximum dimensions
for the buffer strip. The use of a meandering buffer strip to
maintain a natural appearance, is encouraged. Structure setbacks
are also described in the table. On single family subdivisions in
the RSF district, the applicant must demonstrate that each lot
provides sufficient area to accommodate the applicable front yard
setback, 60 x 60' deep building pad, and a thirty (30) foot rear
yard area . All of these elements must be provided outside of
designated wetland and buffer strip areas.
(b) For lots of record on (date of ordinance
adoption) within wetland areas and for lands abutting a wetland
area, the following minimum provisions are applicable unless
alternative plans are approved by the City under a wetland
alteration permit:
pristine natural Aa/Urban Utilized
Setback
Principal 100' 75' 75' . 0'
Structure
The City may approve reduced wetland setbacks as outlined in
subparagraph (a) above.
263 5 r11/30/92
Sec. 20-407 . WETLAND ALTERATION.
An applicant for a wetland alteration permit shall adhere to
the following principles in descending order of priority:
(1) Avoiding the direct or indirect impact of the activity
that may destroy or diminish the wetland;
(2) Minimizing the impact by limiting the degree or
magnitude of the wetland activity and its
implementation;
(3) Rectifying the impact by repairing, rehabilitating, or
restoring the affected wetland environment;
(4 ) Reducing or eliminating the impact over time by
preservation and maintenance operations during the life
of the activity; and
(5) Compensating for the impact by replacing or providing
substitute wetland resources or environments.
A wetland alteration permit shall not be issued unless the
proposed development complies within the provisions of the
Mitigation Section of this ordinance, as well as the standards,
intent, and purpose of this Article. If the City determines that
the required calculations in a particular instance are needlessly
burdensome because of the area and nature of a proposal, it may
agree to a substitute analysis.
Sec. 20-408 . PERMIT REQUIRED.
Drainage, grading, filling, burning, removal of healthy
native vegetation, or otherwise altering or destroying a wetland
of any size or type requires a wetland alteration permit.
Activity in a wetland requiring a wetland alteration permit
includes, but is not limited to:
(1) Construction of new streets and utilities.
(2) Creation of ponds or dams and alterations of the
natural drainageways of water courses. This shall only
be allowed as part of a mitigation project, or to
restore or improve the function and value of the
wetland.
(3) Installation of boardwalks.
(4 ) Creation of sedimentation and water quality improvement
basins if part of a mitigation project, or used to
restore or improve the function and value of the
wetland, These basins may not be created in "pristine"
wetlands and may only be created in "natural" wetlands
263 6 r11/30/92
i��l
if the City determines that there is no reasonable
alternative.
(5) Discharge of storm water runoff in a manner that
impacts the wetland.
Sec. 20-409. TILLING.
When a wetland alteration permit is issued allowing filling
in a wetland, the following standards shall be followed:
(1) Filling must be consistent with the Chanhassen Surface
Water Management Plan.
(2) Filling shall not cause total natural nutrient
stripping capacity of the wetland to be diminished to
an extent that is detrimental to any area river, lake,
or stream.
(3) Only fill free of chemical pollutants and organic
wastes may be used.
(4) Filling shall be carried out so as to minimize the
impact on vegetation.
(5) Filling in wetland areas will not be permitted during
waterfowl breading season or fish spawning season,
unless it is determined by the City that the wetland is
not used for waterfowl breeding or fish spawning.
(6) Filling in wetland areas will be required to be
mitigated in accordance with the requirements of this
Article.
Sec. 20-410 . DREDGING/EXCAVATION/GRADING.
When a wetland alteration permit is issued allowing
dredging, excavating, or grading in a wetland, the following
standards shall be followed:
(1) The dredging will not have a net adverse effect on the
ecological and hydrological characteristics of the
wetland.
(2) It shall be located as to minimize the impact on
vegetation.
(3) It shall not adversely change water flow.
(4) The size of the dredged area shall be limited to the
minimum required for the proposed action.
(5) Disposal of the dredged material is prohibited within
the wetland area.
263 7 r11/30/92
(6) Disposal of any dredged material shall include proper
erosion control and nutrient retention measures.
(7) Dredging in any wetland area is prohibited during
waterfowl breeding season or fish spawning season,
unless it is determined by the City that the wetland is
not used for waterfowl breeding or fish spawning.
(8) Dredging in wetland areas will be required to be
mitigated in accordance with the requirements of this
Article if the activity results in a loss of functional
wetland. Dredging to create water quality improvement
basins may be allowed by the City where reasonable
alternatives are not available or where the wetland is
of low quality and designated for this purpose by the
Chanhassen Surface Water Management Plan.
Sec. 20-411. STORM WATER RUNOFF.
When a wetland alteration permit is issued allowing storm
water runoff to discharge directly into a wetland, the following
standards shall be followed:
(1) An increase over the natural volume of storm water
runoff from a development may be allowed when necessary
for use of property, but only when it will not have a
net adverse effect upon the ecological and hydrological
characteristics of the existing wetlands. The
restrictions on runoff set out below shall not be
exceeded. Since the total increase in runoff which can
be permitted is limited, the City, when considering
permit applications, shall consider, in addition to the
following, apportionment of increased runoff
opportunity to all wetland property within the
surrounding wetland area.
(2) Storm water runoff from a development may be directed
to the wetland only when free of debris and
substantially free of chemical pollutants and silt, and
only at rates which do not disturb vegetation habitat
or increase turbidity. Sheet flow and other overland
drainage of runoff shall be encouraged.
(3) The allowed total increased runoff, in combination with
the total fill allowed, shall not cause total natural
flood storage or nutrient stripping capacity of the
wetland to be reduced in a manner inconsistent with
requirements established by the Chanhassen Surface
Water Management Plan.
Sec. 20-412 . MITIGATION.
(a) ritigation Intent. Where wetland alteration is
approved and mitigation is required, mitigation must
result in an improvement to the wetland function and
2E3 8 r11/30/92
value. Mitigation plans must address water quality,
improvement, and maintenance of pre-existing
hydrological balance and wildlife habitat. The wetland
function and value will include improvement of water
quality, maintaining hydrological balance, and
provision of wildlife habitat. Mitigation will be
performed at ratios required by state law to achieve
replacement of the wetland function and value.
Mitigation will not always be based solely on an acre
to acre replacement, but may be based on replacement of
habitat units (HU) through the use of habitat
evaluation procedures. When significant improvements in
the wetland value and function result, acre for acre
surface area replacement may not be required.
(b) Mitigation Standards. Mitigation of wetlands for
function and value should be restored, created, and
enhanced to have the following characteristics:
(1) Relatively stable water levels subject to natural
fluctuations.
(2) Pretreatment of inflow waters to improve quality.
(3) High level of upland/lowland intermingling.
(4) A ratio of open water to aquatic vegetation
between 1: 1 and 1: 2 .
(5) High degree of intermingling of open water and
aquatic vegetation.
(6) High level of plant species diversity.
(7) Restoration of native plant species in upland and
lowland areas.
(8) Undisturbed upland/lowland edge (i.e. , buffer) .
(9) Meandered wetland edge.
(10) Irregular bottom contours - mix of shallow and
deep water.
(11) Shallow side and bottom slopes - preferable 10: 1
to 30: 1 around and within wetland; steeper slopes
may be used to provide open water and greater
vegetation variability.
(c) Mitigation Technigyes.
(1) Mitigation will be performed at a ratio required
by state law.
2E3 1 9 r11/30/92
(2) The City will use the Habitat Evaluation
Procedures (HEP) to determine Habitat Units (HUs)
to be replaced.
(3) Mitigation should always result in an improvement
to the wetland function and value. The wetland
function and value will include improvement of
water quality, maintaining hydrological balance,
and provision of wildlife habitat.
(4) Mitigation will not always be based solely on an
acre to acre replacement, but may be based on
replacement of habitat units (HU) through the use
of habitat elevation procedures (appendix) at a
ratio of 2:1. When significant improvements in the
wetland value result, direct surface area
replacement on a 2: 1 basis may not be required.
The City Council will determine when wetland
impact will be allowed and the nature of
mitigation which will be acceptable.
(5) Mitigation shall provide a buffer strip as set
forth in this Article.
(6) Mitigation shall maintain or enhance the wetland
hydrological balance through the following:
- Restoration of deteriorated wetlands
- Flooding of previously drained wetland basins
- Creation of new wetlands
- Enhancement of existing wetlands
(7) Mitigation shall provide for pretreatment of water
prior to it entering the wetland to improve water
quality if required by the Chanhassen Surface
Water Management Plan.
(8) Mitigation, through the buffer strip, shall
provide landscaping for nesting and food for
wildlife habitat. The buffer strip landscape shall
provide for wildlife cover and utilize a diversity
of native flora (i.e. , trees, shrubs, grasses,
herbaceous, plants) to encourage wildlife diversity
and provide visual variety.
(9) Wetland mitigation should be undertaken on-site.
If this is not feasible, mitigation should occur
locally within the sub-watershed. If this is not
possible, mitigation should occur outside the
sub-watershed, elsewhere in the City. If
mitigation cannot be accomplished on site, or if
the City deems it necessary to perform mitigation
off-site, the applicant shall be responsible for
contributing into the City's wetland mitigation
263 10 r11/30/92
fund. The mitigation performed off-site shall meet
the above requirements.
(10) The City may determine that the public interest is
best served by requiring off-site wetland
mitigation. This determination will be made based
upon the City of Chanhassen's Surface Water
Management Plan. When this situation arises or
when the applicant is unable to restore wetlands
on-site, the City will require payment into the
dedicated Wetland Mitigation Banking Fund. This
fund shall be used solely to create new and/or
expand and improve existing wetlands according to
the priorities outlined in this Article. The City
Council shall establish the fee structure on an
annual basis. Fees shall be based upon the average
price for similar property elsewhere in the City.
(d) Construction Management and Lona Term Wetland
Maintenance.
(1) The permit holder shall follow the City's best -
management practices to minimize direct impacts
due to erosion and construction practices and to
safeguard wildlife habitat.
(2) The permit holder shall conduct a monitoring
program and evaluation until construction is
completed. A letter of credit from the permit
holder shall be held to ensure compliance similar
to any other public improvement. The City will
ensure that the permit holder is delivering the
wetland that was promised. The permit holder shall
demonstrate compliance with the designed wetland
as-built plans.
Where feasible, the City shall require the permit
holder to satisfy long term management requirements.
Sec. 20-413. APPLICATION AND ISSUANCE OF PERMIT.
The applicant for a wetland alteration permit shall furnish
the information required by the City including, but not limited
to, a site plan, topographic data, hydrological data, and habitat
evaluation procedures for the review of a wetland alteration
permit application. The Planning Director shall use discretion
regarding the level and complexity of information required to
review the request. A wetland alteration permit shall not be
issued without having been first reviewed by the Planning
Commission and approved by the City Council following the review
and hearing procedures set forth for conditional use permits. The
applicant shall have the burden of proving that the proposed use
or activity complies with the purposes, intent, and other
provisions of this Article. The Council may establish reasonable
conditions which are specifically set forth in the permit to
2E3 11 r11/30/92
ensure compliance with requirements contained in this Article.
Such conditions may, among other matters, limit the size, kind,
or character of the proposed work, require the construction of
other structures, require replacement of vegetation and wetland
function and value, establish required monitoring procedures and
maintenance activity, stage the work over time, require the
alteration of the site design to ensure buffering, require the
provision of a performance security.
Sec. 20-414 . INSPECTION OF WORT.
The City may cause inspection of work for which a wetland
alteration permit is issued, at the applicant's expense, to be
made periodically during the course of such work and shall cause
final inspection to be made following the completion of the work.
Sec. 20-415. EXPIRATION AND RENEWAL 0! PERMIT.
(a) Unless otherwise specified by the City Council, the
perscn issued a wetland alteration permit shall begin and
complete the development authorized by the permit within one (1)
year after the date the Council approves the permit application.
(b) The permittee shall provide written notice to the City
twenty-four (24 ) hours prior to the commencement and completion
of the development project. No project shall be deemed to have
been completed until approved by the City after receipt of notice
of completion.
(c) If the permittee fails to commence work on the
development within the time specified in this section, the permit
shall be void. The Council may renew a void permit at its
discretion. If the Council does not renew the permit, the holder
of the void permit may make original application for a new
permit.
(d) The permittee may make written application to the
Council for an extension of the time to commence work, but only
if the permittee submits the application prior to the date
already established to commence work. The application of an
extension shall state the reasons the permittee requires an
extension.
Sec. 20-416. EXEMPTIONS.
Activities exempted by Minnesota Statutes 103G.2241 from
State Wetlands Protection shall be exempted from the provisions
of this Article. However, certificates of exemption must be
obtained from the City and filed with the County Recorder prior
to starting work. The statutory exemptions include, but are not
limited to:
(1) Activities necessary to repair and maintain existing
public or private drainage systems as long as wetlands
- S
263 12 r11/30/92
•
that have been in existence for more than twenty (20)
years are not drained.
(2) Activities authorized under, and conducted in
accordance with, an applicable general permit issued by
the United States Army Corps of Engineers under Section
404 of the Federal Clean Water Act, United States Code,
Title 33, Section 1344 , except that nationwide permit
in Code of Federal Regulations, Title 33, Section
330. 5, paragraph (a) , clause (14) , limited to when a
new road crosses a wetland, and all of clause (26) .
(3) Placement, maintenance, repair, enhancement, or
replacement of utility or utility-type service,
including the transmission, distribution, or
furnishing, at wholesale or retail, of natural or
manufactured gas, electricity, telephone, or radio
ser. _ce or communications if:
- the impacts of the proposed project on the
hydrologic and biological characteristics of the
wetland have been avoided and minimized to the
extent possible; and
- the proposed project significantly modifies or
alters less than one-half acre of wetland.
(4 ) Activities associated with routine maintenance of
utility and pipeline rights-of-way, provided the
activities do not result in additional intrusion into
the wetland.
(5) Alteration of a wetland associated with the operation,
maintenance, or repair of an interstate pipeline.
(6) Activities associated with routine maintenance of
existing public highways, roads, streets, and bridges,
provided the activities do not result in additional
intrusion into the wetland and do not result in the
draining or filling, wholly or partially, of a wetland.
(7) Emergency repair and normal maintenance and repair of
existing public works, provided the activity does not
result in additional intrusion of the public works into
the wetland and do not result in the draining or
filling, wholly or partially, of a wetland.
(8) Normal maintenance and minor repair of structures
causing no additional intrusion of an existing
structure into the wetland, and maintenance and repair
of private crossings that do not result in the draining
or filling, wholly or partially, of a wetland.
(9) Development projects and ditch improvement projects in
the state that have received preliminary or final plat
263 13 01/30/92
approval, or infrastructure that has been installed, or
having local site plan approval, conditional use
permits, or similar official approval by the City or
other approving governmental body or agency after
August 1, 1987 :
Sec. 20-417. VARIANCES.
Variances from the requirements of this Article may be
granted in accordance with the variance provisions of this
Chapter as regulated by Article II, Division III of this Code.
Sec. 20-418. ENFORCEMENT PROCEDURES.
(a) Violation of Article VI, Wetland Protection, or of the
terms of a permit issued thereunder shall be a misdemeanor
punishable by ninety (90) days in jail and a seven hundred dollar
($7C: . 00) fine.
(b) Any person who alters a wetland in violation of Article
VI , shall apply for a wetland alteration permit and shall pay a
filing fee double the regular fee. The City Council may require
the violator to restore the wetland or take other mitigative
measures.
(c) Wetland reviews conducted by the City shall be
coordinated with State of• Minnesota Wetland Protection Statutes
and rules .
(d) Notice of requested wetland alteration permits shall be
mailed to all property owners located within 500 feet of the
requested activity. Notification requirements established by
State of Minnesota Wetland Protection Statutes and official rules
shall be coordinated with City approvals.
lection 2 . Section 20-1 of the Chanhassen City Code is
anended by deleting the following definitions:
Class A Wetlands means wetland types 3, 4, 5, 6, 7, and 8 .
In case of wetlands adjoining a public waters designated as
lake or pond this class shall also include type 2 wetlands.
Type 2 wetlands shall also be deemed a Class A wetland when
adjoining a stream designated as public waters to the extent
that it encroaches upon the 100-year floodplain of the
stream.
Class /3 Wetlands means type 2 wetlands not adjoining a
public waters designated as lake or pond nor within the
100-year floodplain of a stream designed as public waters.
Wetland Tomes means classifications of wetlands as defined
in U.S. Department of Interior, Fish and Wildlife Service,
Circular 39, "Wetlands of the U.S. 1956".
263 14 r11/30/92
Wetland Watershed means that area of land from which water
drains into a Class A or Class B wetland.
section 3 . Section 20-1 of the Chanhassen City Code is
amended by adding the following definitions:
Buffer Strip means an area of nondisturbed ground cover
abutting a wetland left undisturbed to filter sediment,
materials, and chemicals.
Habitat Evaluation Procedures (HEPI is a species-habitat
data management system for impact assessment developed by
the U.S. Fish and Wildlife Service. Its purpose is to
document predicted impacts to fish and wildlife from
proposed land and water resource development projects.
Habitat quality for selected key species is described by an
index, the Habitat Suitability Index (HSI) .
Fabitat Suitability Index (HSI) is a fish or wildlife
species-specific index value rating the ability of key
habitat components to supply essential life requirements for
the species. Index value ranges between 0 to 1. 0.
Habitat Units (HU) . Habitat Suitability Index (HSI)
multiplied by the area of habitat being evaluated. HU's are
used for comparing habitat quality from one wetland to the
next or for measuring the effectiveness of mitigation. HU's
integrate both quality and quantity of habitat.
principal Structure. The main building as distinguished
from an accessory building or structure.
vegetation, Native. • Native vegetation is the pre-settlement
group of plant species native to the North American
continent which were not introduced as a result of European
settlement.
Wetlands means lands transitional between terrestrial and
aquatic systems where the water table is usually at or near
the surface or the land is covered by shallow water. For
purposes of this definition, wetlands must have the
following three attributes:
(1) have a predominance of hydric soils;
(2) are inundated or saturated by surface or ground water
at a frequency and duration sufficient to support a
prevalence of hydrophytic vegetation typically adapted
for life in saturated soil conditions; and
(3) under normal circumstances support a prevalence of such
vegetation.
263 15 r11130/92
(4) wetlands does not include types 3 , 4 , and 5 wetlands,
as defined in United States Fish and Wildlife Service
Circular No. 39 (1971 edition) , not included within the
definition of public waters, that are 2-1/2 or more
acres in size.
Utilized. Utilized water bodies created for the specific
purpose of surface water runoff retention and/or water
quality improvements. These water bodies are not to be
classified as wetlands even if they take on wetland
characteristics. Wetland alteration permits shall not be
required to undertake work on these water bodies.
Wetlands. Aa/Urban. Wetlands that have been influenced by
agricultural or urban (residential, commercial, or
industrial) land usage are called Ag/Urban. Influences
include: over nutrification, soil erosion and
sedimentation, and water quality degradation. As a result of
these influences there is a loss of plant species diversity,
overcrowding and domination by invasive species such as reed
canary grass, and reduction in wildlife habitat.
Wetlands , Natural . Natural wetlands are still in their
natural state and typically show little sign of impact from
surrounding land usage. The vegetative community of these
wetlands are characterized by a diversity of plant species
with mixed dominance of species. Other key factors include :
presence of natural indicator species, good wildlife
habitat, and being aesthetically pleasing.
Wetlands , Pristine. Wetlands that exist in a natural state
and have special and unusual qualities worth protecting at a
high level are called Pristine. These qualities include:
outstanding vegetation community, native species population,
rare or unusual species present, and habitat for rare
wildlife species.
Section 4 . This ordinance shall be effective immediately
upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 14th
day of December , 1992.
ATTEST:
4 CJI S-JC (
Don Ashworth, Clerk/Manager Donald J. - , Mayor
(Published in the Chanhassen Villager on December 24 • , 1992 . )
263 16 01/30/92
-l .
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN. MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Planning Commission
FROM: Kate Aanenson, Senior Planner
DATE: February 23, 1993
SUBJ: New Sign Ordinance
Background
For well over two years, staff has been working on changes to the sign ordinance. The original
draft was developed with a subcommittee that included a member from the City Council,
Planning Commission, and two Chamber members. After their recommended changes were
incorporated into a draft ordinance, the Highway 5 Task Force and its subcommittee reviewed
the document. Their changes have also been made to the ordinance. After the Planning
Commission reviews and comments, the City Attorney will then review and codify the ordinance
in the city zoning ordinance. The City Council will then review the ordinance.
Analysis
Attached is the original issues paper for the sign ordinance as well as the proposed amended
ordinance. One issue that was closely examined was the relationship between the size of the
building and scale of the sign. This section, "In all districts," has been rewritten to include a
formula for the size of the sign and the square footage of the building. Scale relates to
freestanding and monument signs. Monument signs are limited to a maximum of 10 feet in
height with 80 square feet in sign area. Freestanding signs are limited to a maximum of 20 feet
with 80 square feet in sign area. Both of these maximums would be for buildings in excess of
100,000 square feet.
Since this ordinance was revised, staff revisited the requirements for wall signs. The formula for
wall signs allowed for an 80 square foot maximum. This formula did not meet the desired
Byerly's or the Target development. Because Target is a PUD, the sign square footage was
addressed in the PUD standards. The Target sign is 207 square feet. Byerly's is requesting two
wall signs; one is 431 square feet and the other is 304 square feet.
Planning Commission
February 23, 1994
Page 2 —
The proposed wall sign standards is based on the same ratio of 15 percent maximum of wall sign
area, with at a maximum of 80 square feet. There now is a hierarchy of wall sign area that —
relates to the wall sign area of the building and the size of the sign, the maximum of 15 percent
is still in place. The factor that has changed is the maximum area of 80 square feet which has
been increased to 240 square feet. —
Pictures have been added to the definition section. This should provide more clarity to the
definitions. —
Recommendation
Staff recommends the Planning Commission review and make any changes necessary and
recommend the City Council adopt the amendment.
Attachments
1. Proposed Sign Ordinance.
2. Memo from Kate Aanenson dated January 10, 1992, Issue Paper/Sign Ordinance.
ARTICLE XXVI. SIGNS
DIVISION 1. GENERALLY
Sec. 20-1251. PURPOSE AND FINDINGS.
A. Purpose
The purpose of this sign ordinance is intended to establish an effective means of
communication in the city, maintain and enhance the aesthetic environment and the city's
ability to attract sources of economic development and growth, to improve pedestrian and
traffic safety, to minimize the possible adverse effect of signs on nearby public and
private property, and to enable the fair and consistent enforcement of these sign
regulations. It is the intent of this section, to promote the health, safety, general welfare,
aesthetics, and image of the community by regulating signs that are intended to
communicate to the public, and to use signs which meet the city's goals:
(1) establish standards which permit businesses a reasonable and equitable opportunity
to advertise;
(2) preserve and promote civic beauty, and prohibit signs which detract from this
objective because of size, shape, height, location, condition, cluttering or
illumination;
(3) ensure that signs do not create safety hazards.
(4) ensure that signs are designed, constructed, installed and maintained in a manner
_ that does not adversely impact public safety or unduly distract motorists;
(5) preserve and protect property values;
(6) ensure signs that are in proportion to the scale of, and are architecturally
compatible with the principal structures;
(7) limit temporary commercial signs and advertising displays which provide an
opportunity for grand opening and occasional sales events while restricting signs
which create continuous visual clutter and hazards at public right-of-way
intersections.
B. Findings
The City of Chanhassen finds it is necessary for the promotion and preservation of the
public health, safety, welfare and aesthetics of the community that the construction,
location, size and maintenance of signs be controlled. Further the city finds: —
1. permanent and temporary signs have a direct impact on, and a relationship, to the
image of the community; —
2. the manner of installation, location and maintenance of signs affects the public
health, safety, welfare and aesthetics of the community; —
3. an opportunity for a viable identification of community business and institutions —
must be established;
4. the safety of motorists, cyclists, pedestrians and other users of public streets and —
property is affected by the number, size, location and appearance of signs that
unduly divert the attention of drivers;
5. installation of signs suspended from, projecting over, or placed on the tops of
buildings, walks or other structures may constitute a hazard during periods of high
winds and an obstacle to effective fire fighting and other emergency service; —
6. uncontrolled and unlimited signs adversely impact the image and aesthetic
attractiveness of the community and, thereby, undermine economic value and —
growth;
7. uncontrolled and unlimited signs, particularly temporary signs, which are —
commonly located within or adjacent to public right-of-way, or are located at
driveway/street intersections, result in roadside clutter and obstruction of views of
oncoming traffic. This creates a hazard to drivers and pedestrians and also —
adversely impacts a logical flow of information.
Sec. 20-1252. Permit and variance fees.
Fees for reviewing and processing sign permit applications and variance requests shall be —
imposed in accordance with the fee schedule established by City Council resolution.
2 —
Sec. 20-1253. Variances.
The City Council, upon the recommendation of the Planning Commission, may grant a
variance from the requirements of this article where it is shown that by reason of topography or
other conditions, strict compliance with the requirements of this article would cause a hardship;
provided that a variance may be granted only if the variance does not adversely affect the spirit
or intent of this article. Written application for a variance shall be filed with the Planning
Department and shall be supplemented with reproducible copies of the proposed sign. The
application shall be processed in conformance with the public hearing requirements dictated for
variances in Section 20-29. No variance shall be granted by the City Council unless it has
received the affirmative vote of at least simple majority of the full City Council.
Sec. 20-1254. Permit generally.
(a) Except as provided in Section 20-1255, no sign or sign structure shall be erected,
constructed, altered, rebuilt or relocated until a permit has first been issued by the
city.
(b) The following information for a sign permit shall be supplied by an applicant if
requested by the city:
(1) Name, address and telephone number of person making application.
— (2) A site plan to scale showing the location of lot lines, building structures,
parking areas,existing and proposed signs and any other physical features.
— (3) Plans, location, specifications, method of construction and attachment to
the buildings or placement method in the ground.
— (4) Copy of stress sheets and calculations.
(5) Written consent of the owner or lessee of any site on which the sign is to
— be erected.
(6) Any electrical permit required and issued for the sign.
(7) Such other information as the city shall require to show full compliance
_ with this chapter and all other laws and ordinances of the city.
Information may include such items as color and material samples.
3
(8) Receipt of sign permit fee.
(9) The Planning Director, upon the filing of any application for a permit, —
shall examine such plans, specifications, and other data. If the proposed
sign complies with this article and other applicable ordinances, the city
shall issue a sign permit unless City Council approval is required. If City —
Council approval is required, the matter shall be promptly referred to the
council for action.
Sec. 20-1255. Signs allowed without permit. —
The following signs are allowed without a permit:
(1) Political Campaign signs: Temporary political campaign signs are permitted
according to the following:
a. The size and height allowed shall be consistent with the underlying zoning
district.
b. The sign must contain the name of the person responsible for such sign,
and that person shall be responsible for its removal. _
c. Such signs shall remain for no longer than ninety (90) days in any
calendar year. —
d. Signs are not permitted in the public right-of-way.
e. Shall comply with the fair campaign practices act contained in the State
of Minnesota Statutes, Chapter 211B.
f. The city shall have the right to remove and destroy signs not conforming
to this paragraph.
(2) Directional signs.
a. On-premises signs shall not be larger than four (4) square feet. The
maximum height of the sign shall not exceed five (5) feet from the ground.
The placement of directional signs on the property shall be so located such
that the sign does not adversely affect adjacent properties or the general —
appearance of the site from public rights-of-way. The number of signs
shall not exceed four (4) unless approved by the City Council.
4 —
b. Off-premises signs shall be allowed only in situations where access is
confusing and traffic safety could be jeopardized or traffic could be
inappropriately routed through residential streets. The size of the sign
shall be approved by the City Council.
c. On-premises signs for industrially zoned land in excess of forty (40) acres
shall not exceed twelve (12) square feet. The maximum height of the sign
shall not exceed five (5) feet from the ground. The placement of
directional signs on the property shall be so located such that the sign does
not adversely affect adjacent properties or the general appearance of the
site from public right-of-way. The number of signs shall not exceed four
(4) unless approved by the City Council.
(3) Community Signs or displays which contain or depict a message pertaining to a
religious, national, state or local holiday and no other matter, and which are
displayed for a period not to exceed forty (40) days in any calendar year.
(4) Motor fuel price signs are permitted on the premises of any automobile service
station only if such signs are affixed to the fuel pumps or are made an integral
part of a ground low profile or pylon business sign otherwise permitted in that
zoning district. Motor fuel price signs affixed to a fuel pump shall not exceed
four (4) square feet in sign display area. When such signs are made an integral
part of a freestanding business sign, the sign display area devoted to the price
component shall not exceed thirty (30) percent of the total sign display area of the
sign.
(5) Nameplate or integral signs not exceeding two (2) square feet per building and
does not include multi-tenant names.
(6) Non-illuminated construction signs confined to the site of the construction,
alteration or repair. Such a sign must be removed within one (1) year from the
date of issuance of the first building permit on the site, and may be extended until
the project is completed. One (1) sign shall be permitted for each street the
project abuts. Commercial and industrial signs may not exceed fifty (50) square
feet in sign area, and residential construction signs may not exceed twenty-four
(24) square feet in sign area.
(7) Signs of a public, non-commercial nature, informational erected by a
governmental entity or agency, including safety signs (O.S.H.A.), directional signs
to public facilities, trespassing signs, traffic signs, signs indicating scenic or
historical points of interest, memorial plaques and the like. Signs shall not exceed
sixteen (16) square feet.
5
(8) Rummage (garage) sale signs. Rummage sale signs shall be removed within two
(2) days after the end of the sale and shall not exceed four (4) square feet.
Rummage sale signs shall not be located in any public rights-of-way. The city
shall have the right to remove and destroy signs not conforming to this paragraph.
The city may assess a fee in the amount established by resolution for each sign
removed by the city.
(9) Temporary development project advertising signs erected for the purpose of selling
or promoting any non-residential project, or any residential project of ten (10) or —
more dwelling units, located in the City of Chanhassen, shall be permitted subject
to the following regulations:
a. Not more than two (2) such signs shall be allowed per project.
b. Such signs shall only be located along streets that provide primary access
to the project site.
c. Such sign shall be set back not less than twenty-five (25) feet from any
property line, and shall be firmly anchored to the ground.
d. No such sign shall be located closer than two hundred (200) feet from an
existing residential dwelling unit, church, or school which is not a part of
the project being so advertised.
e. Such signs shall not be located closer than two hundred (200) feet from
any other such sign located on the same side of the street. —
f. Sign display area shall not exceed sixty-four (64) square feet, and the
height of such signs shall not exceed fifteen (15) feet.
g. Such signs shall be removed when the project being advertised is one
hundred (100) percent completed. In no case shall such signs be permitted
to exceed three (3) years. For the purpose of this paragraph, the
percentage of project completion shall be determined by dividing the
number of dwelling units sold in the residential project by the total number
of units allowed in the approved development plan; and by dividing the
number of buildings constructed in non-residential projects by the total
number of building sites in the approved development plan.
(10) Temporary real estate signs which advertise the sale, rental or lease of real estate
subject to the following conditions:
a. On-premises real estate signs advertising the sale, rental or lease of the
premises upon which the sign is located.
6
1. One (1) non-illuminated sign is permitted per street frontage.
2. Sign display area shall not exceed twelve (12) square feet per sign
on property containing less than ten (10) acres in area, and thirty-
- two (32) square feet per sign on property containing ten (10) or
more acres.
3. No such sign shall exceed ten (10) feet in overall height, nor be
located less than ten (10) feet from any property line.
4. All temporary real estate signs shall be removed within seven (7)
days following sale, lease, or rental of the property.
b. Off-premises real estate signs advertising the sale, rental or lease of
business and industrial buildings:
1. One (1) non-illuminated sign is permitted per building.
2. Such signs shall only be permitted in business and industrial
districts, and on property located within the same subdivision or
development as the building being advertised.
3. Such signs shall not be located closer than two hundred (200) feet
from any other such sign located on the same side of the street.
4. Sign display area shall not exceed thirty-two (32) square feet, and
the height of such signs shall not exceed fifteen (15) feet.
5. Such signs shall be removed within seven (7) days following the
lease or sale of the building floor space which it is advertising, or
within twelve (12) months from the date a permit is issued,
whichever comes first.
6. Provide written permission of property owner.
c. Off-premises directional signs which show direction to new residential
developments in accordance with the following. The intent of this
subparagraph is to allow short term signage, for residential development,
to familiarize the public with the new development.
1. Such sign shall only be permitted along major arterials and
collectors as identified in the comprehensive plan.
7
2. Only one (1) sign per intersection and one (1) sign per
development shall be permitted. Signs shall not be located in any
site distance triangle, measured thirty (30) feet from the point of —
intersection of the property line.
3. Sign display area shall not exceed twenty-four (24) square feet and —
the height of such signs shall not exceed ten (10) feet.
4. Such sign shall not be located closer than twenty-five (25) feet —
from any street right-of-way line, and shall be firmly anchored to
the ground.
5. Provide written permission of property owner to locate directional
sign on their property.
6. Such sign shall only be constructed out of maintenance free
materials and be non-illuminated.
7. Such sign shall be removed six (6) months after the sign has been
erected and developer may not apply for a second off-premises
directional sign permit.
8. Sign copy shall include the name of the subdivision and a direction _
arrow only.
Sec. 20-1256. Permit for temporary sign, searchlights, banners, etc. —
Temporary signs are permitted as follows:
1. Banners and portable signs shall not exceed 32 square feet and shall meet the
following standards:
a. a thirty (30) day display period to coincide with the grand opening of a
business or a new development (business park or shopping center), or a
business may display a banner on three occasions per calendar year with —
a maximum 10-day display period for each occasion. Businesses within
a shopping center shall be limited one display per center and not one
display per business. —
b. messages must relate to on-premise product or services, or any non-
commercial message; and
8 —
c. banners must be affixed to a principal structure which is owned or leased
by the business which the sign is advertising.
d. portable signs shall not be located in the public right-of- way.
e. sign permit issued by city.
2. Inflatable advertising devices are permitted according to the following:
a. for each site or center, two occasions per calendar year, with each occasion
not to exceed seven (7) days;
b. written authorization from the property owner or their designee must be
submitted with the sign permit application.
c. sign permit issued by city.
3. Flashing or blinking portable signs, stringers, and pennants are not permitted.
Sec. 20-1258. Legal Action.
If the City Planning Director or an administrative officer finds that any sign regulated by
this division is prohibited as to size, location, content, type, number, height or method of
construction; or erected without a permit first being granted to the installer of the sign to the
owner of the property upon which the sign has been erected or is improperly maintained, or is
_ in violation of any other provision of this chapter, he shall give written notice of such violation
to the owner or permittee thereof. If the permittee or owner fails to remove or alter the sign so
as to comply with the provisions set forth in this chapter within (10) calendar days following
receipt of said notice:
(1) Such signs shall be deemed to be nuisance and may be abated by the city in
proceeding taken under Minnesota Statues, Chapter 429, and the cost of
abatement, including administration expenses, may be levied as a special
assessment against the property upon which the sign is located;or
(2) Such permittee or owner may be prosecuted for violating this chapter and if
convicted shall be guilty of a misdemeanor. Each day a violation exists shall
constitute a separate offense.
9
Sec. 20-1259. Prohibited signs.
The following signs are prohibited:
(1) Advertising or business signs on or attached to equipment, such as semi-truck
trailers, where signing is a principal use of the equipment on either a temporary
or permanent basis.
(2) Motion signs and flashing signs, except time and temperature signs and barber
poles.
(3) Projecting signs, not including awning or canopies as defined in this ordinance. —
(4) Roof signs, except that a business sign may be placed on the roof, facia or
marquee of a building provided it does not extend above the highest elevation of
the building, excluding chimneys, and provided:
a. Roof signs shall be thoroughly secured and anchored to the frames of the —
building over which they are constructed and erected.
b. No portion of roof signs shall extend beyond the periphery of the roof. —
(5) Wall graphics and design treatments depicting corporate logos and company
symbols. —'
(6) Temporary signs or banners except as permitted in Section 20-1256.
(7) Signs which are placed or tacked on trees, fences, utility poles or in the public
right-of-way.
Sec. 20-1260. Nonconforming Signs.
When the principal use of land is legally non-conforming under this chapter, all existing
or proposed signs in conjunction with that land, shall be considered conforming if they are in
compliance with the sign provisions for the most restrictive zoning district in which the principal
use is allowed. —
Excluding normal maintenance and repair, a non-conforming sign shall not be moved,
altered (including face changes) or enlarged unless it is brought into compliance with the sign _
regulations.
10
Within 45 calendar days after vacation of an existing business, any on-site nonconforming
signs must be removed or brought into compliance by the property owner. An abandoned sign
may not regain any legal nonconforming status later, even if the original business reoccupies the
property.
Sec. 20-1265. General location restrictions.
— (a) No sign or sign structure shall be closer to any lot line than a distance equal to
one-half (1/2) the minimum required yard setback. No sign shall be placed within
any drainage or utility easement. Sign shall not block site distance triangle from
any private drive or access. Signs shall not be located in any site distance triangle
thirty (30) feet from the point of intersection of the property line.
(b) Signs on adjacent non-residential property shall be positioned so that the copy is
not visible from residential uses or districts along adjoining side and rear yard
property lines.
(c) No sign, other than governmental signs, shall be erected or placed upon any public
street, right-of-way or public easement, or project over public property.
(d) Signs shall not create a hazard to the safe, efficient movement of vehicular or
_ pedestrian traffic. No private sign shall contain words which might be construed
as traffic controls, such as "Stop," "Caution," "Warning," unless the sign is
intended to direct traffic on the premises.
(e) No signs, guys, stays or attachments shall be erected, placed or maintained on
rocks, fences or trees nor, interfere with any electric light, power, telephone or
telegraph wires or the supports thereof.
(f) No sign or sign structure shall be erected or maintained that prevents free ingress
_ or egress from any door, window or fire escape. No sign or sign structure shall
be attached to a standpipe or fire escape.
(g) Window signs are prohibited.
Sec. 20-1266. Maintenance and repair.
Signs and sign structures shall be properly maintained and kept in a safe condition. Sign
or sign structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired
or replaced by the licensee, owner or agent of the building upon which the sign stands
immediately upon notification by the city.
11
Sec. 20-1267. Uniformity of construction, design, etc. -
All permanent signs shall be designed and constructed in a uniform manner and, to the
extent possible, as an integral part of the building's architecture. Multi-tenant commercial and
industrial buildings shall have uniform signage. When buildings or developments are presented
for site plan review, proposed signs for the development should be presented concurrently for
staff review. All planned centers and multi-tenant buildings all submit a comprehensive sign plan
for approval by the Planning Commission and City Council.
Sec. 20-1268. Noncommercial speech.
Signs containing noncommercial speech are permitted anywhere that business signs are
permitted, subject to the same regulations applicable to such signs.
Sec. 20-1275. Construction Standards.
(a) A free standing sign or sign structure shall be constructed so that the faces are not
back to back, shall not have an angle separating the faces exceeding twenty (20)
degrees unless the total area of both sides added together does not exceed the
maximum allowable sign area for that district.
pAo-Y
(b) All on-premise freestanding signs must have structural supports covered or
concealed with pole covers. The actual structural supports should not be exposed,
and the covers should be architecturally and aesthetically designed to match the
building. Pole covers shall be a minimum height of 8 feet. The exposed uprights,
superstructure and/or backside of all signs shall be painted a neutral color such as
light blue gray, brown, or white, unless it can be illustrated that such part of the
sign designed or painted in another manner is integral to the overall design of the
sign.
(saal6�ClB[
1 1
1 �
bsie i 1
1 1
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12
(c) The installa:. n of electrical signs shall be subject to the National Electrical Code
as adopted and amended by the city. Electrical service to such sign shall be
underground.
(d) No sign shall be attached or be allowed to hang from any building until all
necessary wall and roof attachments have been approved by the building official.
Any canopy or awning sign shall have a minimum of an eight (8) foot clearance.
(e) Illuminated signs shall be shielded to prevent lights from being directed at
oncoming traffic in such brilliance that it impairs the vision of the driver. No
such signs shall interfere with or obscure an official traffic sign or signal; this
includes indoor signs which are visible from public streets. Illumination for a sign
or groups of signs shall not exceed 1 foot candle in brightness as measured at the
property line.
Sec. 20-1277. Cemetery signage.
Signage for a cemetery shall be processed as a conditional use permit in all districts.
DIVISION 2. SIGNS ALLOWED IN SPECIFIC DISTRICTS BY PERMIT
Sec. 20-1301. Agricultural and Residential Districts.
The following signs are allowed by permit in the A-2, RR, RSF, R-4, R-8, R-12 and
PUD districts:
(1) Public and Institutional Signs. One (1) grour' low profile or wall sign, not
exceeding twenty-four (24) square feet of sign display area, shall be permitted on
the premises of any public or institutional property giving the name of the facility
and nature of the use and occupancy. Such sign shall be located at least ten (10)
feet from any property line, and shall not exceed five (5) feet in height.
(2) Area Identification/Entrance signs. Only one (1) monument sign may be erected
on a lot, which shall not exceed twenty-four (24) square feet nor be more than
five feet high. Any such sign or monument shall be designed so that it is
maintenance free. The adjacent property owner or a Homeowners Association
shall be responsible for maintenance of the identification\entrance sign. Such sign
shall be located so as not to conflict with traffic visibility or street maintenance
operations, and shall be securely anchored to the ground.
13
Sec. 20-1302. Neighborhood Business, and Institutional Districts.
The following signs shall be allowed by permit in any OI, or BN Districts:
1. Multi-Tenant Building
(a) Ground low profile business signs. One (1) ground low profile business
or institutional sign not exceeding twenty-four (24) square feet of sign
display area shall be permitted. Such sign shall be located at least ten (10)
feet from any property line and shall not exceed five (5) feet in height.
(b) Wall business sign. One (1) wall business sign shall be permitted per
street frontage for each business occupant within a building. A wall
business sign shall not be mounted upon the wall of any building which
faces any adjoining residential district without an intervening public street.
Maximum Percentage Wall Area in Square Feet Maximum Square
of Wall Footage of Sign
15% 0-600 90
13% 601-1,200 156
11% 1,201-1,800 198
9% 1,801-2,400 216
7% 2,401-3,200 224
5% 3,201-4,500 230
3% 4,500 + 240
(c) Wall signs shall not include product advertising. Wall signs shall include
tenant identification, tenant logo, center name, or any combination of the
three.
2. Freestanding Tenant
(a) Ground low profile business signs. One (1) ground low profile business
or institutional sign not exceeding twenty-four (24) square feet of sign _
display area shall be permitted. Such sign shall be located at least ten (10)
feet from any property line and shall not exceed five (5) feet in height.
14
(b) Wall business sign. One (1) wall business sign shall be permitted per
street frontage for each business occupant within a building. The total of
all wall mounted sign display areas shall not exceed ten (10) percent of the
total area of each building wall upon which the signs are mounted, but no
individual business shall exceed twenty-four (24) square feet in sign
display area. A wall business sign shall not be mounted upon the wall of
any building which faces any adjoining residential district without an
intervening public street.
Sec. 20-1303. Highway, General Business Districts and Central Business District.
The following signs shall be allowed by permit in any BH, BG, CBD or BF District:
The following table lists the standards for freestanding and monument signs in the BH,
BG, CBD, or BF zone.
PYLON MONUMENT
Principal Height Sign size Height Sign Size
Structure (feet) (sq. ft) (feet) (sq. ft.)
Greater than 20 80 10 80
100,000
50,000 - 18 64 10 64
100,000
10,000 - 15 64 8 36
50,000
Less than 15 36 8 24
10,000
1. Pylon business sign. One (1) pylon identification sign shall be permitted. This
sign may identify the name of the center of the major tenants. The height and
square footage of the sign shall be based on the square footage of the principal
structure as shown in the table. Such signs shall be located at least ten (10) feet
from any property line, and shall not exceed twenty (20) feet in height.
2. Ground low profile business signs. One (1) ground low profile business sign shall
be permitted per each outlot or separate building pad that has street frontage. The
height and square footage of the sign shall be based on the table above. Such
signs shall be located at least 300 feet from any other pylon or ground sign and
at least ten (10) feet from any property line.
15
3. Wall business sign. One (1) wall business sign shall be permitted per street
frontage for each business occupant within a building. The total of all wall
mounted sign display areas shall not exceed the square footage established in the
following table:
Maximum Percentage Wall Area in Square Feet Maximum Square
of Wall Footage of Sign
15% 0-600 90
13% 601-1,200 156
11% 1,201-1,800 198
99c 1,801-2,400 216
7% 2,401-3,200 224
59c 3,201-4,500 230
39c 4,500 + 240
A wall business sign may be mounted upon any wall of a principal building.
Sec. 20-1304. Industrial Office Park Signs.
The following signs shall be allowed by permit in any IOP District:
1. Pylon or ground low profile business signs. One (1) pylon or one (1) ground low
profile Industrial Office Park identification sign shall be permitted. A Pylon sign
shall not exceed eighty (80) square feet in sign area and shall not exceed twenty
(20) feet in height. A ground low profile may not exceed eighty (80) square feet
and eight (8) feet in height. Such sign shall be located at least ten (10) feet from _
any property line.
2. Ground low profile business signs. One (1) ground low profile business sign shall
be permitted for each individual tenant. Such sign shall not exceed sixty-four (64)
square feet in sign display area nor be greater than five (5) feet in height. Such
sign shall be located at least ten (10) feet from any property line.
3. Wall business sign. One (1) wall business sign shall be permitted per street
frontage for each business occupant within a building. The total of all wall
16
mounted sign display areas shall not exceed the square footage established in the
following table:
Maximum Percentage Wall Area in Square Feet Maximum Square
of Wall Footage of Sign
15% 0-600 90
13% 601-1,200 156
11% 1,201-1,800 198
9% 1,801-2,400 216
7% 2,401-3,200 224
5% 3,201-4,500 230
3% 4,500 + 240
4. Menu Board. One menu board sign per restaurant use is permitted with a drive-
through facility. Such sign shall not exceed 32 square feet in size nor greater than
8 feet in height. Such sign is permitted in addition to any other sign permitted in
the Zoning District.
Secs. 20-1306-20-1350. Reserved.
Sec. 20-1 DEFINITIONS
Sign means any object, device, display, or structure, or part thereof situated outdoors, or visible
through a window or door, which is used to advertise, announce, identify, display, direct or
attract attention to an object, person, institution, organization, business, commodity, product,
service, event or location, by means, including words, letters, figures, design, symbols, fixtures,
pictures, illumination or projected images.
Sign, Advertising means any sign which directs attention to a business, commodity, service,
activity or entertainment not conducted, sold or offered upon the premises where such a sign is
located.
Sign, Awning means a temporary hood or cover
that projects from the wall of a building,
and which can be retracted, folded or collapsed
against the face of the supporting building.
Awning may extend in any required yard
17
setback a maximum of five (5) feet.
(2.6 feet in the supplementary regs)
Sign, Banner means a sign which is made out of a paper, cloth or plastic-like consistency,
affixed to a building, vehicle, poles, or other supporting structures by all four (4) corners.
Sign, Business means a sign which directs attention to a business or profession conducted, or to
a commodity or service sold, offered or manufactured, or to an entertainment offered on the
premises where the sign is located. --
Sign, Business Directory means a sign which
] i
identifies the names of specific businesses f
located in a shopping center, medical center I[
and professional office and which is located on —...
the premises of the shopping center so identified. I . I 'IHI«ORt !1
Sign, Campaign means a temporary sign announcing, promoting, or supporting political
candidates or issues in connection with any national, state, or local election. —
Sign, Canopy - Any sign that is affixed to a
projection or extension of a building or structure —.
of a building, erected in such as manner as to .11.111
provide a shelter or cover over the approach to
any entrance of a store, building or place of assembly. I I
plastic, or structural protective cover over a
door, entrance, window, or outdoor service area.
Sign, Changeable Copy, - a sign or portion thereof with characters, letters, or illustrations that
can be changed or rearranged without altering the face or the surface of the sign.
Sign, Construction means a temporary sign erected on the premises on which construction is
taking place, during the period of such construction, indicating the names of the architects,
engineers, landscape architects, contractors or similar artisans, and the owners, financial
supporters, sponsors, and similar individuals or firms having a role or interest with respect to the
situation or project. _
Sign, Development Identification means a permanent ground low profile sign which identifies
a specific residential, industrial, commercial or office development and which is located on the
premises of the development which it identifies.
T EAST LOT t-t
Sign, Directional means a sign erected on Main Entrance, —
private property for the purpose of ;--shippng-3
directing pedestrian or vehicular traffic Receiving:.: --
onto or about the property upon which such 4 WEST LOT =.
Employee Parking
18 ,��.
sign is located, including signs marking
entrances and exits, circulation direction,
parking areas, and pickup and delivery areas.
Sign, Display Area means the area within a single r~'
continuous perimeter enclosing the extreme limits 7HGC:7
or the actual sign message surface, including any
structural elements outside the limits of each sign 1
forming an integral part of the sign. The stipulated
maximum sign display area for a sign refers to a �=
single facing.
Sign, Festive Flag/Banner - a flag or
banner constructed of cloth, canvas or - •
light fabric, that is hung from a light ,
pole. The flag banner shall contain no
?�_"
advertising except for cultural events,
special holidays/seasons, etc.
Sign, Flag - any fabric banner used as a symbol of a government political subdivision or other
identity. Corporation flags shall not exceed 12 square feet and may be flown in tandem with the
state or national flag. Large flags flown in high winds may cause a noise nuisance and are
subject to removal upon complaint.
Sign, Flashing means any directly or indirectly illuminated sign which exhibits changing natural
or artificial light or color effects by any means what so ever.
Sign,Freestanding/Pole/Pylon, means any non-movable sign not affixed to a building but erected
upon a pole, post or other similar support so that the bottom edge of the sign display area is eight
(8) feet or more above the ground elevation.
Sign, Governmental means a sign erected and maintained pursuant to and in discharge of any
governmental functions, or required by law, ordinance or other governmental regulation.
Sign, Ground low profile business means a I. ThE
business sign affixed directly to the ground, t,
with the sign display area standing not
greater than two (2) feet above the ground.
Sign, Holiday decoration means a temporary sign in the nature of decorations, clearly incidental
to and customarily and commonly associated with any national, local or religious holiday.
19
Sign, Home occupation means a sign containing only the name and occupation of a permitted
home occupation not to exceed 2 square feet. This is also a nameplate sign.
Sign, Illuminated means a sign lighted by or exposed to artificial lighting either by lights on or
in the sign or directed towards the sign.
Sign,Informational means a sign containing descriptions of major points of interest, government
institutions or other public services such as hospitals, sports facilities, etc.
Sign, Institutional means a sign which identifies the name and other characteristics of a public
or private institution of the site where the sign is located.
Sign, Integral means a sign constructed as
to be an integral portion of the building _
of which it forms a part. = j
Sign, Integral Roof, means any sign *f
erected or constructed as an integral or -
essentially integral part of a normal roof
structure of any design, such that no part pit tai UI_
of the sign extends vertically above the
highest portion of the roof and such that - - — a
no part of the sign is separated from the
rest of the roof by a space of more than I
six (6) inches.
Sign, Marquee means a sign which is mounted, painted on, or attached to any projection or
extension of a building that is designated in such a manner as to provide shelter or cover over
the approach to any entrance of the building. _
Sign, Menu Board means a sign that is used to advertise the product available at a fast food
restaurant.
Sign,Motion means any sign or part of a sign which changes physical position by any movement
or rotation of which gives the visual impression of such movement or rotation.
Sign, Nameplate means a sign, located on the premises, which bears the name and/or address of
the occupant of the building or premises.
Sign, Non-Conforming, a sign that does not conform to the requirements of this ordinance.
Sign, Off-Premise, an advertising sign which directs attention to a use, product, commodity or
services not related to the premises on which it is located.
20
Sign, On-Premise, a sign which directs attention to a business, commodity, product, use, service
or other activity which is sold, offered or conducted on the premises upon which the sign is
located.
Sign, Portable, means a sign designed so as to be movable from one (1) location to another, and
that is not permanently affixed to a building, structure, or the ground. Including but not limited
to, signs designed to be transported by means of wheels, sign converted to A-Frames, menu and
sandwich board signs, and signs attached to or painted on vehicles parked and visible from the
public right-of-way unless said vehicle is used in the normal day-to-day operations.
Sign,Private Sale or Event means a temporary sign advertising private sales or personal property
such as a house sale, garage sale and the like or private nonprofit events such as picnic, carnival,
bazaar, game night, art fair, or craft show.
Sign, Projecting means a sign that is wholly or partly dependent upon a building for support and
which projects more than twelve (12) inches from such building.
Sign, Real Estate means a sign pertaining to the sale or lease of the premises, or a portion of the
premises, on which the sign is located.
Sign, Roof means a sign that is mounted on
the roof of a building or which is wholly
dependent upon a building for support and ` i�� •
which projects above the roof line of a
building with a flat roof, the eave line
of a building with a gambrel, gable or hip
roof or the deck line of a building with a 1.1h
mansard roof.
Sign, Temporary means a sign designed or
intended to be displayed for a short period
of time. This includes items such as banners, A\h,1
pennants, flags, beacons, sandwich, or
balloons or other air or gas filled figures.
Sign, Wall means a sign attached to or
erected against the wall of a building or
structure with the exposed face of the
A6 - marc �se�osx7-2
_ sign in a plane approximately parallel
to the face of the wall, and which mnl j =
does not project more than twelve (12) �❑
inches from such building or structure.
Wall signs shall not include product 0 o 5°,,
advertising. Wall signs shall include SIGN sw^= �.�E
21
tenant identification, tenant logo, center
name, or any combination of the three.
Sign, Window means sign, pictures, symbols,
or combination thereof, designed to _
communicate information about an activity, _
business, commodity, event, sale or service,
that is placed inside a window or upon the _ --
window panes or glass and is visible from
the exterior of the window.
g:'Qlan'ki'ign.ord
• 22
i:7
CITYOF 04:9441
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Planning Commission
FROM: Kate Aanenson, Planner II I\C:.
DATE: January 10, 1992
SUBJ: Issue Paper/Sign Ordinance
BACKGROUND
As previously discussed with the Planning Commission and the City
Council , staff will be rewriting the Sign Ordinance. The intent of
the sign ordinance is to establish standards which permit business
a reasonable and equitable opportunity to advertise; while the city
wants to preserve and promote civic beauty and limit the visual
clutter. This report is intended to give an overview of some major
areas where the ordinance could be modified.
GOALS
After review and input from the Planning Commission, a committee,
which has been established, will begin the review and rewrite
process. This Committee includes Councilman Tom Workman, Planning
Commissioner Jeff Farmakes, Kevin McShane of the Chanhassen Bank,
and Gene Borg of McDonalds. After the sign committee has spent
time rewriting the ordinance, their proposed changes will be
reviewed by the Chamber of Commerce and then presented to the
Planning Commission and City Council for their recommendations and
implementation.
One of the goals of the new ordinance should be that the ordinance
should be easy to interpret and enforce. And finally, the new
ordinance should be in a format where industry uses could have all
the standards in one place. This would require a document where
the definitions and standards as well as district requirements are
in one document.
ISSUES
The following constitutes our review of the existing ordinance and
brief discussion of the issues as we see them. We would ask the
A
t4, PRINTED ON RECYCLED PAPER
Planning Commission
January 10, 1992
Page 2
Planning Commission to review the materials and provide any
additional guidance you feel is warranted. We would then pass the
information along to the Sign Ordinance Task Force so that they may
begin developing the ordinance.
ARTICLE XXVI. SIGNS
DIVISION 1 . GENERALLY
Sec. 20-1251. Purpose.
The purpose of this article is :
(1) To establish standards which permit businesses a
reasonable and equitable opportunity to advertise.
(2) To preserve and promote civic beauty, and prohibit signs
which detract from this objective because of size, shape,
height, location, condition, cluttering or illumination.
(3 ) To ensure that signs do not create safety hazards . To
ensure signs which are designed, constructed, installed
and maintained in a manner that does not adversely impact
public safety or unduly distract motorists .
(4) To preserve and protect property values .
COMMENT: This area needs to be expanded to include the desire to
have signs architecturally compatible with buildings . In addition,
the purpose should include a statement that permanent signs should
be given preference to the on-premise owner or occupant, and that
temporary commercial and advertising displays be given limited
approval for grand openings and occasional sales events .
Sec. 20-1252 . Permit and variance fees .
Fees for reviewing and processing sign permit applications and
variance requests shall be imposed in accordance with the fee
schedule established by City Council resolution.
Sec.20-1253 . Variances.
The City Council, upon the recommendation of the Planning
Commission, may grant a variance from the requirements of this
article where it is shown that by reason of topography or other
conditions, strict compliance with the requirements of this article
would cause a hardship; provided that a variance may be granted
only if the variance does not adversely affect the spirit or intent
of this article. Written application for a variance shall be filed
with the Planning Department and shall be supplemented with
reproducible copies of the proposed sign. The application shall be
processed in conformance with the public hearing requirements
dictated for variances in Section 20-28 . No variance shall be
granted by the City Council unless it has received the affirmative
vote of at least four-fifths of the full City Council .
1
Sec. 20-1254 . Permit generally.
(a) Except as provided in Section 20-1255, no sign or sign
structure shall be erected, constructed, altered, rebuilt
or relocated until a permit has first been issued by the
city.
(b) The following information for a sign permit shall be
supplied by an applicant if requested by the city:
(1) Name, address and telephone number of person making
application.
(2) A site plan to scale showing the location of lot
lines, building structures, parking areas, existing
and proposed signs and any other physical features . _
(3 ) Plans, location, specifications, method of
construction and attachment to the buildings or
placement method in the ground.
(4) Copy of stress sheets and calculations .
(5) Written consent of the owner or lessee of any site
on which the sign is to be erected.
(6) Any electrical permit required and issued for the
sign.
(7 ) Such other information as the city shall require to
show full compliance with this chapter and all
other laws and ordinances of the city.
(8) The City Planner, upon the filling of any
application for a permit, shall examine such plans,
specifications and other data. If the proposed _
sign complies with this article and other
applicable ordinances, the inspectors shall issue a
sign permit unless City Council approval is
required. If City Council approval is required,
the matter shall be promptly referred to the
council for action.
COMMENT: This area needs to be expanded to state that before a
sign permit is issued, a fee must be paid. Currently, the Building
Department is not reviewing stress calculations, the methods of
construction, or inspecting the installation of signs . Staff is
recommending that the permit process and the administrative
procedure be changed so that all signs are reviewed and inspected
by the city. Periodic inspection may also be warranted. This —
2
administrative procedure would also require changing the sign
permit application.
Sec. 20-1255. Signs allowed without permit.
The following signs are allowed without a permit :
(1) Campaign signs, not exceeding twenty-four (24) square
feet in area. The sign must contain the name of the
person responsible for such sign, and that person shall
be responsible for its removal . Such signs shall
remain for no longer than seventy-five (75) days in any
calendar year. The city shall have the right to remove
and destroy signs not conforming to this paragraph.
COMMENT: The requirement for campaign signs need to be modified to
include the language from the new 1990 state law. This law states
that all non-commercial signs of any size may be posted from August
1 in a state general election year until ten days following the
state general election. There are also some new Supreme Court
findings pertaining to signs that need to be addressed. Basically,
you cannot regulate a sign based upon text without running afoul of
First Amendment rights . Therefore, ordinances that establish
special conditions on campaign signs or those that ban billboards
by declaring "off-premise advertising signs" illegal, are likely to
be overturned.
(2 ) Directional signs .
a. On-premises signs shall not be larger than four (4)
square feet . The maximum height of the sign
shall not exceed five (5) feet from the ground.
The placement of directional signs on the property
shall be so located such that the sign does not
adversely affect adjacent properties or the general
appearance of the site from public rights-of-way.
The number of signs shall not exceed four (4)
unless approved by the City Council .
b. Off-premises signs shall be allowed only in
_ situations where access is confusing and traffic
safety could be jeopardized or traffic could be
inappropriately routed through residential streets .
The size of the sign shall be approved by the City
Council .
c . On-premises signs for industrially zoned land in
excess of forty (40) acres shall not exceed twelve
(12) square feet . The maximum height of the sign
shall not exceed five (5) feet from the ground.
The placement of directional signs on the property
3
shall be so located such that the sign does not —
adversely affect adjacent properties or the general
appearance of the site from public right-of-way.
The number of signs shall not exceed four (4) —
unless approved by the City Council .
(3 ) Signs or displays which contain or depict a message —
pertaining to a religious, national, state or local
holiday and no other matter, and which are displayed for
a period not to exceed seventy-five (75) days in any
calendar year.
COMMENT: This section should be amended to include community signs
with the intent that they be used for religious, national, state or —
local holidays or festivals . This would include banners, flags,
etc . There needs to be some criteria including the need to define
the size and location of these types of signs . —
(4) Informational signs not exceeding sixteen (16) square
feet .
(5) Integral signs .
( 6) Motor fuel price signs are permitted on the premises of
any automobile service station only if such signs are
affixed to the fuel pumps or are made an integral part of
a ground low profile or pylon business sign otherwise —
permitted in that zoning district . Motor fuel price
signs affixed to a fuel pump shall not exceed four (4)
square feet in sign display area. When such signs are
made an integral part of a freestanding business sign, —
the sign display area devoted to the price component
shall not exceed thirty (30) percent of the total sign
display area of the sign. —
(7) Nameplate signs not exceeding two (2) square feet .
COMMENT: There is no definition for integral sign, although a
nameplate is a type of integral sign. Therefore, #5 and #7 should
be combined. The definition of integral/nameplate needs to be
amended to state that the two square feet is the total per building
and does not include multi-tenant names .
(8) Non-illuminated construction signs confined to the site
of the construction, alteration or repair. Such a sign
must be removed within one (1) year from the date of
issuance of the first building permit on the site, and
may be extended on an annual basis . One (1) sign shall —
be permitted for each street the project abuts .
Commercial and industrial signs may not exceed fifty (50)
square feet in sign area, and residential construction —
4
signs may not exceed twenty-four (24) square feet in sign
area.
(9) O. S .H.A. signs .
(10) Signs of a public, non-commercial nature erected by a
governmental entity or agency, including safety signs,
directional signs to public facilities, trespassing
signs, traffic signs, signs indicating scenic or
historical points of interest, memorial plaques and the
like.
COMMENT: An O.S.H.A. sign, #9, is a type of governmental agency
sign and should be combined with #10 .
(11) Rummage (garage) sale signs . Rummage sale signs shall be
removed within two (2) days after the end of the sale and
shall not exceed five (5) square feet . Rummage sale
signs shall not be located in any public rights-of-way.
The city shall have the right to remove and destroy signs
not conforming to this paragraph. The city may assess a
fee in the amount established by resolution for each sign
removed by the city.
(12 ) Temporary development project advertising signs erected
for the purpose of selling or promoting any non-
residential project, or any residential project of ten
(10) or more dwelling units, shall be permitted subject
to the following regulations :
a. Not more than two (2 ) such signs shall be allowed
per project .
b. Such signs shall only be located along streets that
provide primary access to the project site.
c . Such sign shall be set back not less than twenty-
five (25) feet from any property line, and shall
be firmly anchored to the ground.
d. No such sign shall be located closer than two
hundred (200) feet from an existing residential
dwelling unit, church, or school which is not a
part of the project being so advertised.
e. Such signs shall not be located closer than two
hundred (200) feet from any other such sign
located on the same side of the street .
f . Sign display area shall not exceed sixty-four (64)
square feet, and the height of such signs shall not
exceed fifteen (15) feet .
5
g. Such signs shall be removed when the project being —
advertised is eighty (80) percent completed. For
the purpose of this paragraph, the percentage of
project completion shall be determined by dividing
the number of dwelling units sold in the
residential project by the total number of units
allowed in the approved development plan; and by —
dividing the number of buildings constructed in
non-residential projects by the total number of
building sites in the approved development plan.
CONT: Temporary signs for development projects should be
limited to those projects located in the City of Chanhassen. In
addition, a requirement should be made that the signs be non-
illuminated.
(13) Temporary real estate signs which advertise the sale, —
rental or lease of real estate subject to the following
conditions :
a. On-premises real estate signs advertising the sale,
rental or lease of the premises upon which the sign
is located.
1 . One (1) non-illuminated sign is permitted per
street frontage.
2 . Sign display area shall not exceed twelve (12) —
square feet per sign on property containing
less than ten (10) acres in area, and thirty-
two (32) square feet per sign on property —
containing ten (10) or more acres .
3 . No such sign shall exceed ten (10) feet in
overall height, nor be located less than ten
(10) feet from any property line.
4 . All temporary real estate signs shall be
removed within seven (7) days following sale,
lease, or rental of the property.
b. Off-premises real estate signs advertising the
sale, rental or lease of business and industrial
buildings : _.
1 . One (1) non-illuminated sign is permitted per
building.
2 . Such signs shall only be permitted in business
and industrial districts and on property
located with the same subdivision or —
development as the building being advertised.
6
3 . Such signs shall not be located closer than
two hundred (200) feet from any other such
sign located on the same side of the street .
_ 4 . Sign display area shall not exceed thirty-two
(32 ) square feet, and the height of such signs
shall not exceed fifteen (15) feet .
5 . Such signs shall be removed within seven (7 )
days following the lease or sale of eighty
percent (80%) of the building floor space
which it is advertising, or within twelve (12 )
months from the date a permit is issued,
whichever comes first .
c . Off-premises directional signs which show direction
to new residential developments in accordance with
the following. The intent of this subparagraph is
to allow short term signage, for residential
development , to familiarize the public with the new
development .
1 . Such sign shall only be permitted along major
arterials and collectors as identified in the
comprehensive plan.
2 . Only one (1) sign per intersection and one (1)
sign per development shall be permitted.
3 . Sign display area shall not exceed twenty-four
(24) square feet and the height of such
signs shall not exceed ten (10 ) feet .
4 . Such sign shall not be located closer than
twenty-five (25) feet from any street right-
- of-way line, and shall be firmly anchored to
the ground.
5 . Such sign shall only be constructed out of
wood materials and be non-illuminated.
6 . Such sign shall be removed six (6) months
after the sign has been erected and developer
may not apply for a second off-premises
directional sign permit .
7 . Sign copy shall include the name of the
subdivision and a direction arrow only.
7
Sec. 20-1256 . Permit for searchlights, banners, etc.
The use of searchlights, banners, pennants and similar devices
which extend over public rights-of-way, shall require a permit . —
The permit shall be valid for no more than ten (10) consecutive
days . No more than three (3) permits per business shall be granted
during any calendar year. —
COMMENT: Traffic safety may be an issue if banners/pennants are
allowed to extend over the public right-of-way. It may be
appropriate to state that the Engineering Department shall approve
any sign over the public rights-of-way.
Sec. 20-1257 . Display of permit.
Signs requiring permits shall display the permit sticker or
sticker number in a conspicuous manner. —
COMMENT: Currently, the City is not using the permit stickers .
The purpose of the sticker is to be able to readily determine
whether or not a permit has been issued upon quick inspection of
the sign. Staff feels that an accurate inventory of signs can be
made, as well as reviewing for normal maintenance, without the use
of stickers .
Sec. 20-1258. Inspection.
All signs for which a permit is required shall be subject to
inspection by the city building official . At minimum, an annual
inspection shall be made . The building official may order the
removal of any sign that is not maintained in accordance with the
maintenance provisions of this article .
COMMENT: Currently, the City is not doing this . It is a good idea
to have all signs in the city inspected annually. Not only will
this aid in finding illegal signs, but it will also help in
identifying those signs in need of maintenance or signs in
disrepair.
Sec. 20-1259 . Prohibited signs.
The following signs are prohibited:
(1) Advertising signs . —
(2) Advertising or business signs on or attached to
equipment, such as semi-truck trailers, where signing is
a principal use of the equipment on either a temporary or
permanent basis .
(3 ) Motion signs and flashing signs, except time and
temperature signs and barber poles .
8 —
(4) Projecting signs .
COMMENT: Projecting or suspended signs should remain illegal,
except an awning or canopy sign may be permitted. The definition
_ of a Awning or Canopy sign is "a sign constructed of flexible
translucent or fabric-type material which incorporates a written
message or logo on the exterior" .
(5) Roof signs, except that a business sign may be placed on
the roof, facia or marquee of a building provided it does
not extend above the highest elevation of the building,
excluding chimneys, and provided:
a. Roof signs shall be thoroughly secured and anchored
to the frames of the building over which they are
constructed and erected.
b. No portion of roof signs shall extend beyond the
periphery of the roof .
(6) Business signs which advertise an activity, business,
_ product or service no longer produced or conducted on the
premises upon which the sign is located. Where the owner
or lessor of the premises is seeking a new tenant, such
signs may remain in place for not more than thirty (30)
days from the date of vacancy.
(7) Wall graphics .
COMMENT: The definition of wall graphics needs to be expanded to
include items which, by their nature, act as a sign without using
_ any words . These graphics include such items as corporate logos or
company symbols . These would be excluded unless they were included
as part of an approved sign, as noted in Section 20-1268 Non-
commercial Speech.
(8) Portable signs except as permitted in Section 20-1272 .
COMMENT: No off-premise temporary sign should be allowed except
those specifically noted and regulated for real estate purposes or
otherwise noted in the ordinance. Temporary signs should be
limited to on-premise establishments for the purpose of special
events or grand openings.
(9 ) Signs which are tacked on trees, fences or utility poles .
(10) Home occupation signs, except for one (1) identification
sign. The sign may not exceed two (2) square feet in
area.
COMMENT: Home occupations, whether a permitted or conditional
use, should receive a sign permit . Home occupation signs need to
9
be moved to Division 2 of the Sign Ordinance, Signs Allowed in —
Specific Districts by Permit .
Sec. 20-1260 . Nonconforming uses. _
When the principal use of land is legally non-conforming under
this chapter, all existing or proposed signs in conjunction with
that land, shall be considered conforming if they are in compliance —
with the sign provisions for the most restrictive zoning district
in which the principal use is allowed.
COMMENT: We may also wish to establish a category for non-
conforming signs which are located on property having a conforming
use. If a non-conforming pylon sign is destroyed, should it be —
allowed to be rebuilt or must it now comply with current standards?
Sec. 20-1261. Bonus sign area.
(a) To encourage design excellence, the maximum sign areas
for certain businesses, industrial, and directory signs
may be increased up to a maximum of ten (10) percent
based on the original sign area limitation.
(b) Ground profile, free standing and wall signs may be
increased as follows :
(1) When the sign is constructed of solid wood and uses
only earth tone colors .
(2 ) When the sign (except for wall signs) is installed
in a landscaped planter.
COMMENT: Consideration to the following elements should be given
when submitting plans for signs; architectural compatibility, color
and style, size, scale, proportion (balance) , location, and
landscaping. Pole covers should be considered as a requirement as
well as requiring monument signs only.
Sec. 20-1262. Uniform Sign Code.
The design and construction standards as set forth in Chapter
4 of the 1985 Edition of the Uniform Sign Code as may be amended,
are adopted.
COMMENT: This section should be eliminated from the ordinance.
The Uniform Sign Code has definitions that conflict with those in
this ordinance. The definitions in the Sign Ordinance are specific
and reflect the desires of the City of Chanhassen. The Uniform _
Sign Code is very generic and does not address specific standards
the city wants to establish. This section should be rewritten and
be called Construction Standards and should state that all signs _
10
shall comply with the National Electrical Code and Uniform Building
Code as a requirement .
Sec. 20-1263 . Electrical regulations.
The installation of electrical signs shall be subject to the
National Electrical Code as adopted and amended by the city.
Electrical service to such sign shall be underground.
Sec. 20-1264 . Address sign required.
Except for farm buildings, at least one (1) address sign
identifying the correct address shall be required on each principal
building, accessory building, or mail boxes in all districts . The
numbers shall be at least three (3) inches in height .
Sec. 20-1265. General location restrictions.
(a) No sign or sign structure shall be closer to any lot line
than a distance equal to one-half (1/2 ) the minimum
required yard setback. No sign shall be placed within
any drainage or utility easement .
(b) Signs on adjacent non-residential property shall be
positioned so that the copy is not visible from
residential uses or districts along adjoining side and
rear yard property lines .
(c) No sign, other than governmental signs, shall be erected
or placed upon any public street, right-of-way or public
easement, or project over public property.
COMMENT: Section 20-1269 Traffic Hazards, etc. , should be combined
with this section. In addition, a site distance triangle should be
used. This would require that all signs be placed a minimum of 60
feet from an intersection. This would eliminate signs from
creating a site distance problem at intersections . Signs should
not be allowed to extend over any pedestrian or vehicular access
area unless specifically approved by the City Engineer.
Sec. 20-1266. Maintenance and repair.
Signs and sign structures shall be properly maintained and
kept in a safe condition. Sign or sign structures which are
rotted, unsafe, deteriorated or defaced shall be repainted,
repaired or replaced by the licensee, owner or agent of the
building upon which the sign stands .
COMMENT: The definition of maintenance needs to be expanded.
Every sign should be kept in complete operating condition. The
landscaped area in which any sign is placed shall be kept free from
weeds, garbage, and debris . Maintenance includes the repair of
11
facades where signs have been removed; the painting, cleaning, and
repairing of signs . Maintenance should not include structural
alterations, cosmetic or style changes, or enlargements .
Sec. 20-1267 . Uniformity of construction, design, etc.
All permanent signs shall be designed and constructed in a _
uniform manner and, to the extent possible, as an integral part of
the building' s architecture. Multi-tenant commercial and
industrial buildings shall have uniform signage.
COMMENT: This section should reflect the city' s intent as stated
in the purpose section, that being signs which require
architecturally compatibility with the building. When buildings or
developments are presented for site plan review, proposed signs for
the development should be presented concurrently for staff review.
All planned centers and multi-tenant buildings should submit a _
comprehensive sign plan for approval by the Planning Commission and
City Council .
Sec. 20-1268. Noncommercial speech.
Signs containing non-commercial speech are permitted anywhere
that business signs are permitted, subject to the same regulations _
applicable to such signs .
Sec. 20-1269 . Traffic hazards, etc.
Signs shall not create a hazard to the safe, efficient
movement of vehicular or pedestrian traffic . No private sign shall
contain words which might be constructed as traffic controls, such
as "Stop, " "Caution, " "Warning, " unless the sign is intended to
direct traffic on the premises .
COMMENT: This section should be added to the general location
restrictions .
Sec. 20-1270. Attachment to building.
No sign shall be attached or be allowed to hang from any
building until all necessary wall and roof attachments have been
approved by the building official .
COMMENT: Currently, the Building Department is not inspecting
these types of signs . This procedure will be modified as the
administrative procedure has changed. This section should be
amended to state that any canopy or awning sign should have a
minimum of an eight (8) foot clearance.
12
Sec. 20-1271 . Attachment to rocks, fences, etc . , interference with
utilities .
No signs, guy wires, stays or attachments shall be erected,
placed or maintained on rocks, fences or trees nor, interfere with
any electric light, power, telephone or telegraph wires or the
supports thereof .
Sec . 20-1272 . Illumination.
Illuminated signs shall be shielded to prevent lights from
being directed at oncoming traffic in such brilliance that it
impairs the vision of the driver. No such signs shall interfere
with or obscure an official traffic sign or signal ; this includes
indoor signs which are visible from public streets .
COMMENT: The illumination needs to be more specific such as, no
sign or groups of signs shall exceed 'A foot candle in brightness as
measured at the property line.
Sec . 20-1273 . Portable signs .
Portable signs may not exceed thirty-two (32 ) square feet and
may not be illuminated with any flashing device . Use of a portable
sign shall require a permit . The permit shall be valid for no more
than ten (10) consecutive days . No more than three (3 ) permits per
business shall be granted during any calendar year.
COMMENT: A portable sign is a temporary sign and should be limited
to on-site use . The purpose of a temporary sign should be for
special events or grand openings .
Sec .20-1274 . Obstruction of egress or ingress; attachment to
standpipe or fire escape.
No sign or sign structure shall be erected or maintained that
prevents free ingress or egress from any door, window or fire
escape . No sign or sign structure shall be attached to a standpipe
or fire escape .
Sec. 20-1275 . Construction requirements for freestanding signs .
A free standing sign or sign structure constructed so that the
faces are not back to back, =hall not have an angle separating the
faces exceeding twenty (20 ) degrees unless the total area of both
_ sides added together does not exceed the maximum allowable sign
area for that district .
COMMENT: This section should be moved and combined with the new
section to be called construction standards, Section 20-1262 .
13
Standards for canopy or awning signs needs to be developed as well
as standards for menu boards . Menu boards should be placed in a
landscaped planter.
Sec. 20-1276. Painting of supporting parts, etc.
The exposed uprights, superstructure and/or backside of all
signs shall be painted a neutral color such as light blue gray,
brown, or white, unless it can be illustrated that such part of the
sign designed or painted in another manner is integral to the
overall design of the sign.
COMMENTS: This section should be modified to state that all on-
premise freestanding signs must have structural supports covered
or concealed with pole covers . The actual structural supports
should not be exposed, and the covers should be architecturally and
aesthetically designed to match the building.
Sec. 20-1277 . Cemetery signage.
Signage for a cemetery shall be processed as a conditional use
permit in all districts .
COMMENT: A section on Legal Action should be added to the sign
ordinance. This section should address a procedure for notices of
violations to the ordinance, citations, abatement and removal of
unsafe or dangerous or illegal signs and abatement and removal on
non-maintained, abandoned signs or signs identifying a discontinued
use. A right of appeal section should also be included in this
section.
DIVISION 2 . SIGNS ALLOWED IN SPECIFIC DISTRICTS BY PERMIT
Sec. 20-1301. Agricultural and residential districts.
The following signs are allowed by permit in the A-1, A-2 , RR,
RSF, R-4, R-8 and R-12 districts :
(1) Public and institutional signs . One (1) ground low
profile or wall sign, not exceeding twenty-four (24)
square feet of sign display area, shall be permitted on
the premisses of any public or institutional property
giving the name of the facility and nature of the use and
occupancy. Such sign shall be located at least ten (10)
feet from any property line, and shall not exceed five
(5) feet in height .
(2 ) Development identification signs . One (1) development
identification sign, not exceeding twenty-four (24)
square feet of sign display area, shall be permitted for
each major entrance into any residential development of —
14
ten (10 ) or more dwelling units . For the purposes of
— this paragraph, "major entrance" shall be defined as the
intersection of any local street serving the identified
development with any arterial or collector street as
designated as such in this chapter. Such sign shall be
located so as not to conflict with traffic visibility or
street maintenance operations, and shall be securely
anchored to the ground.
COMMENT: This section needs to address those uses which are a
conditional use in the agricultural and residential district,
including uses such as a bed and breakfast, mineral extraction, day
care, recreational beachlots, contractors yards, wholesale nursery
and golf driving range . The home occupation ordinance permits one
_ sign not to exceed two (2 ) square feet in area .
Sec . 20-1302 . Neighborhood business and institutional districts .
The following signs shall be allowed by permit in any OI or BN
District :
(1 ) Ground low profile business signs . One (1) ground low
profile business or institutional sign not exceeding
twenty-four (24) square feet of sign display area shall
be permitted per street frontage, with a maximum of two
(2 ) such signs per lot . Such sign shall be located at
least ten (10) feet from any property line and shall not
exceed five (5) feet in height .
(2 ) Wall business sign. One (1) wall business sign shall be
permitted per street frontage for each business occupant
within a building. The total of all wall mounted sign
display areas shall not exceed ten (10) percent of the
total area of each building wall upon which the signs are
mounted, but no individual business sign shall exceed
twenty-four (24) square feet in sign display area . A
wall business sign shall not be mounted upon the wall of
any building which faces any adjoining residential
district without an intervening public street .
Sec. 20-1303 . Highway and general business districts .
The following signs shall be allowed by permit in any BH, BG,
or BF District :
(1 ) Ground low profile business signs . One (1) ground low
profile business sign shall be permitted per street
frontage, with a maximum of two (2) such signs per lot .
Such sign shall not exceed eighty (80 ) square feet in
sign display area nor be greater than eight (8) feet in
height . Such sign shall be located at least ten (10)
feet from any property line. In no case shall any lot
15
contain more than two (2) freestanding business signs,
whether such signs are pylon or ground low profile signs .
(2 ) Pylon business sign. One (1) pylon business sign, not
exceeding sixty-four (64) square feet of sign display
area, shall be permitted per lot . A pylon business sign
greater than sixty-four (64) square feet, but equal to or
less than eighty (80) square feet, may be permitted after _
securing a conditional use permit . Such signs shall be
located at least ten (10) feet from any property line,
and shall not exceed twenty (20) feet in height . In no
case shall any lot contain more than two (2) freestanding
business signs, whether such signs are pylon or ground
low profile signs .
(3) Wall business sign. One (1) wall business sign shall be
permitted per street frontage for each business occupant
within a building. The total of all wall mounted sign _
display areas shall not exceed fifteen (15) percent of
the total area of each building wall upon which the signs
are mounted. No individual business sign shall exceed
eighty (80) square feet in sign display area. A wall
business sign may be mounted upon any wall of a principal
building.
(4) Development identification signs . One (1) development
identification sign, not exceeding sixty-four (64) square
feet of sign display area, shall be permitted for each
major entrance into any commercial development of three
(3 ) or more buildings . For the purposes of this
paragraph, "major entrance" shall be defined as the
intersection of any local or collector street serving the
identified development with any arterial or collector
street as designated in this chapter. Such sign shall be
located so as not to conflict with traffic visibility or
street maintenance operations, and shall be securely
anchored to the ground.
Sec. 20-1304 . Industrial office park signs .
The following signs shall be allowed by permit in any IOP
District :
(1) Ground low profile business signs . One (1) ground low
profile business sign shall be permitted per street
frontage, with a maximum of two (2 ) such signs per lot .
Such sign shall not exceed eighty (80) square feet in
sign display area nor be greater than eight (8) feet in
height . Such sign shall be located at least ten (10)
feet from any property line.
16
(2 ) Wall business sign. One (1) wall business sign shall be
permitted per street frontage for each business occupant
within a building. The total of all wall mounted sign
display area shall not exceed fifteen ( 15) percent of the
total area of the building wall upon which the signs are
mounted. No individual business sign shall exceed eighty
(80 ) square feet in sign display area. A wall business
sign may be mounted upon any wall of a principal
building.
(3 ) Development identification signs . One (1) development
identification sign, not exceeding ninety (90 ) square
feet of sign display area, shall be permitted for each
major entrance into any commercial development of three
(3 ) or more buildings . For the purposes of this
paragraph, "major entrance" shall be defined as the
intersection of local, collector or arterial streets
serving the identified development with any arterial or
collector street so designated in this division. Such
signs shall be located so as not to conflict with traffic
visibility or street maintenance operations . and shall be
securely anchored to the ground.
(Ord. No . , Art . IX, S8 . 12-15-86
Sec . 20-1305 . Central business district.
The following signs shall be allowed by permit in the CBD
District :
(1) Wall business sign. One (1) wall business sign shall be
permitted per street frontage for each business occupant
within a building. 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. No individual business sign shall exceed
sixty-four ( 64) square feet in sign display area . The
design and location of all business signs in this
district shall be in keeping with the purpose and intent
of this article and the goals and objectives of the
downtown redevelopment plan of the city. Central
Business District signage shall be uniformly designed to
be an integral part of the building' s architecture to
avoid excessive signage and to ensure a harmonious
appearance throughout the downtown area .
(2 ) Business directory sign. One (1) business directory sign
shall be permitted per shopping center. The design
and location of such shall be consistent with the design
objectives for wall business signs in this district . The
maximum height for such sign shall be twenty (20) feet
and the total sign display area shall not exceed (80 )
square feet .
17
(3 ) Pylon business sign. One (1) pylon business sign, not
exceeding sixty-four (64) square feet in sign display
area, shall be permitted per lot . Such signs shall be
located at least ten (10) feet from any property line, --
and shall not exceed (20) feet in height .
(Ord. No. 80, Art . IX, S 9, 12-15-86)
Secs . 20-1306-20-1350. Reserved.
COMMENT: Planned centers and multi-tenant buildings should only
be allowed one directory (monument or freestanding) , and then be
limited to wall signs only. These signs should have a common theme
and be architecturally compatible with the building. This would
apply to the highway and general business, industrial office park
and central business districts .
Consideration should also be given to the size of the development . —
The way the ordinance is written, whether the project is li4 acre or
20 acres, the same amount of signage is permitted. Scale of the
developments should be a factor in determining the amount of —
signage. Two freestanding signs, 20 feet in height, may appear
minimal on a 10 acre site; but on a 'r4 acre site, 2 signs
would have negative impact on the aesthetics of the site.
An example of freestanding signs out of scale with the building
would be Country Clean, at the corner of Great Plains Boulevard and
Chan View. The Chanhassen Mall (Frontier Center) sign is too tall —
for a business direction sign. The sign is also in need of
maintenance. The American Legion has multiple freestanding
signage, causing visual clutter. This location (the Legion) is at
a major entryway into the city and gives a bad impression of the —
city development standards . Amortization of non-conforming signs
could be an element of the new ordinance. This issue has also been
discussed in the Highway 5 Corridor Study. —
Sec. 20-1 DEFINITIONS
Sign means any object, device, display, or structure, or part
thereof situated outdoors, or visible through a window or door,
which is used to advertise, announce, identify, display, direct or
attract attention to an object, person, institution, organization, —
business, commodity, product, service, event or location, by means,
including words, letters, figures, design, symbols, fixtures,
pictures, illumination or projected images . _
Sign, advertising means any sign which directs attention to a
business, commodity, service, activity or entertainment not
conducted, sold or offered upon the premises where such a sign is —
located.
Sign, bulletin board means a sign which identifies an institution
or organization on the premises of which it is located and which
18
contains the name of the institution or organization, the names of
individuals connected with it, and general announcements, of events
or activities occurring at the institution or similar messages .
Sign, business means a sign which directs attention to a business
or profession conducted, or to a commodity or service sold, offered
or manufactured, or to an entertainment offered on the premises
where the sign is located.
Sign, business directory means a sign which identifies the names of
specific businesses located in a shopping center and which is
located on the premises of the shopping center so identified.
Sign, campaign means a temporary sign announcing, promoting, or
supporting political candidates or issues in connection with any
national , state, or local election.
Sign, canopy or marquee means a sign which is mounted, painted on,
_ or attached to any projection or extension of a building that is
designated in such a manner as to provide shelter or cover over the
approach to any entrance of the building.
COMMENT: Need to add Changeable Copy, a sign which the copy is
changed manually or electrically, such as a message center or
reader boards with changeable letters or changeable pictorial
panels, and electrically controlled time and temperature signs . It
does not include panels or painted bulletins .
Sign, construction means a temporary sign erected on the premises
on which construction is taking place, during the period of such
construction, indicating the names of the architects, engineers,
landscape architects, contractors or similar artisans , and the
owners, financial supporters, sponsors, and similar individuals or
firms having a role or interest with respect to the situation or
project .
Sign, development identification means a permanent ground low
profile sign which identifies a specific residential, industrial,
commercial or office development and which is located on the
premises of the development which it identifies .
Sign, directional means a sign erected on private property for the
purpose of directing pedestrian or vehicular traffic onto or about
the property upon which such sign is located, including signs
marking entrances and exits, circulation direction, parking areas,
and pickup and delivery areas .
Sign display area means the area within a single continuous
perimeter enclosing the extreme limits or the actual sign message
surface, but excluding any structural elements outside the limits
of each sign not forming an integral part of the sign. The
19
stipulated maximum sign display area for a sign refers to a single
facing.
CONSENT: Sign Festive Flag Banner, a flag or banner constructed of
cloth, canvas or light fabric, that is hung from a light pole . The
flag/banner shall contain no advertising except for cultural
events, special holidays/seasons,, etc .
Sign, flashing means any directly or indirectly illuminated sign
which exhibits changing natural or artificial light or color
effects by any means whatsoever .
Sign, freestanding means any non movable sign not affixed to a
building .
Sign, governmental means a sign erected and maintained pursuant to
and in discharge of any governmental functions, or required by law, _
ordinance or other governmental regulation.
Sign, ground means any sign, other than a pole sign, placed upon or
supported by the ground independent of any other structure .
Sign, ground low profile business means a business sign affixed
directly to the ground, with the sign display area standing not _
greater than two (2 ) feet above the ground.
CONSENT: The two ground sign definitions conflict . The definition
of ground sign should be changed to a low sign where the extent of
the sign surface is attached to the ground or a foundation in the
ground, and where there are no poles, braces, or other visible
means of support other than attachment to the ground. -
Sign, holiday decoration means a temporary sign in the nature of
decorations, clearly incidental to and customarily and commonly _
associated with any national, local or religious holiday.
Sign, home occupation means a sign containing only the name and
occupation of a permitted home occupation.
Sign, illuminated means a sign lighted by or exposed to artificial
lighting either by lights on or in the sign or directed towards the —
sign.
Sign, informational means a sign containing descriptions of major
points of interest, government institutions or other public
services such as hospitals, sports facilities, etc .
Sign, institutional means a sign which identifies the name and
other characteristics of a public or private institution of the
site where the sign is located.
20
Sign, integral means a sign a constructed as to be an integral
portion of the building of which it forms a part .
COMMENT: Need to add the definition of Menu Boards, a sign that is
used to advertise the product at a fast food restaurant .
Sign, motion means any sign or part of a sign which changes
physical position by any movement or rotation of which gives the
visual impression of such movement or rotation.
Sign, nameplate means a sign, located on the premises, which bears
the name and/or address of the occupant of the building or
premises .
COMMENT: Should add the definition of Sign, Nonconforming, a sign
or sign structure or portion thereof lawfully existing at the time
this ordinance became effective, which does not conform totally to
the regulations prescribed in the District in which it is located.
Sign, Off-Premise, an advertising sign which directs attention to
a use, product, commodity or services not related to the premises
on which it is located.
Sign, On-Premise, a sign which directs attention to a business,
commodity, product, use, service or other activity which is sold,
offered or conducted on the premises upon which the sign is
located.
Sign, pole or pylon means a freestanding sign erected upon a pole,
post or other similar support so that the bottom edge of the sign
display area is eight (8) feet or more above the ground elevation
at the base of the sign.
Sign, portable means a sign designed 80 as to be movable from one
(1) location to another, and that is not permanently affixed to a
building, structure, or the ground.
Sign, private sale or event means a temporary sign advertising
private sales or personal property such as a house sale, garage
sale and the like or private nonprofit events such as picnic,
carnival , bazaar, game night, art fair, craft show or Christmas
tree sale .
Sign, projecting means a sign that is wholly or partly dependent
upon a building for support and which projects more than twelve
(12 ) inches from such building.
Sign, real estate means a sign pertaining to the sale or lease of
the premises, or a portion of the premises, on which the sign is
located.
21
Sign, roof means a sign that is mounted on the roof of a building
or which is wholly dependent upon a building for support and which
projects above the roof line of a building with a flat roof, the
eave line of a building with a gambrel, gable or hip roof or the
deck line of a building with a mansard roof .
Sign, temporary means a sign or advertising display constructed of
cloth, canvas, fabric, plywood or other light material and designed
or intended to be displayed for a short period of time.
Sign, wall means a sign attached to or erected against the wall of
a building or structure with the exposed face of the sign in a
plane approximately parallel to the face of the wall, and which
does not project more than twelve (12 ) inches from such building or
structure.
COMMENT: Should add the definition of Sign, Window, a sign either
attached to a window or door or located within a building so as to
be visible through a window or door from outside of the building.
Pictures should be used with many of these definitions . A picture
is worth a thousand words and helps in interpreting the definition.
22
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
FEBRUARY 16, 1994
Chairman Scott called the meeting to order at 7:30 p.m.
_ MEMBERS PRESENT: Joe Scott, Ladd Conrad, Nancy Mancino, Jeff Farmakes and Diane
Harberts
MEMBERS ABSENT: Matt Ledvina
STAFF PRESENT: Paul Krauss, Planning Director; Kate Aanenson, Senior Planner;
Sharmin Al-Jaff, Planner I; Dave Hempel, Asst. City Engineer; and Fred Hoisington,
Consultant for Highway 101 Realignment
PUBLIC HEARING:
REVIEW AND SELECT ALIGNMENT OF HIGHWAY 101 FOR USE WHEN IT IS
WIDENED IN THE FUTURE. APPROVAL OF THE "OFFICIAL MAPPING" OF
THE SELECTED ALIGNMENT. THE SECTION OF HIGHWAY BEING
EVALUATED STARTS AT HIGHWAY 5 AND RUNS SOUTH TO LYMAN
BOULEVARD.
Public Present:
Name Address
Al Klingelhutz 8600 Great Plains Blvd.
Fred Hoisington presented the report on this item.
Scott: Any questions?
Mancino: Yes. I have a few questions. Fred, which alternative is the most expensive?
Have you done pricing on 1, 2?
Hoisington: Well we haven't really done Nancy pricing but I can tell you that the two
alternatives, the one, 2 and 3.
Mancino: Are the most expensive?
Hoisington: 4 would be the next. And of course the cheapest one would be the use of the
existing alignment.
1
Mancino: And are 2 and 3 twice as much as 4?
Hoisington: No. I wouldn't say they're twice as much as 4. 4 really takes a pretty good cut _
through the topography. There's going to be a lot of cut and fill associated with that but I
would say it's twice as much or more than 1.
Mancino: And between 2 and 3, do you have an idea which one is more costly?
Hoisington: I would say Nancy that they're very close to the same. The difference would be
that you're probably taking the two houses would make a difference but we're also leaving
right-of-way on the other side of the road so it's kind of hard to say that it would be that,
equal to the cost of those two houses. But very close to the same I would say. —
Mancino: And another question Fred. When we, if we were to go in and do, let's see 2.
We would go into the wetland area which has considerable impact and number 3 would also. —
Where would the mitigation of the wetland take place?
Hoisington: That's a good question. Paul, have you given any consideration to where? —
Mancino: And is it 2 to 1?
Krauss: Oh it's 2 to 1. It may even be higher than that given that, depending on how you...
It would be easier to answer if MnDot was doing the planning. MnDot has the ability to...
this virtually anywhere in the State...Now when we do projects in Chanhassen we have a —
desire to keep the mitigation within our communities since we want to keep the benefit within
our community. We don't know where that would go. I mean you really have to find out
exactly how much it is and then you actually have the obligation to buy up that area and do
it. I think that there are going to be opportunities to do that. For example the Bluff Creek
corridor where we want to establish expanded wetlands anyway. We're working with Diane —
Desotelle, our Water Resource Coordinator to establish...so there will be places we can
identify.
Mancino: Okay. That's it.
Scott: Any other? —
Conrad: Yeah. In terms of the wetland impact, other than sheer size, at this point in time
Fred how can you tell us what it will do to the wetland? There's a lot of functions to the
wetland. Will it, in terms of filtration and what have you, will that function be destroyed?
Hoisington: Well Ladd there are a number of ways you can deal with wetlands. Paul and I
have talked about the possibility of building a causeway. It's not inconceivable but would be
very expensive to build a bridge. Remember, no matter what you do. Whatever you do with
Highway 101, you're going to impact that wetland to a degree. It's only a matter of degree —
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Planning Commission Meeting - February 16, 1994
and alternatives 1 and 4 both affect it. They don't affect it to the same degree as alternatives
2 and 3 do. The third alternative, other than a causeway or bridge would be to simply fill it.
In which case there will be substantial damage to the wetland. There will be no wetland in
that location and it will simply have to be moved elsewhere.
Conrad: So the function of the wetland right now is what?
Krauss: Well maybe I can touch on that. It's...fairly good quality wetland. That whole
wetland, the Rice Marsh Lake wetland suffers serious problems. There used to be a package,
sewage treatment plan or small...plan back before the metro plans were established. And I
also heard there was a, maybe Al can confirm that but a turkey farm or something...with the
result being that the sediments at the bottom of the lake are very organic and basically...and
it's been a problem for us that every time it rains, it washes that stuff out of Rice Marsh Lake
and into Lake Riley. So it's a problem that needs to be addressed. We don't have all the
answers to this Ladd and I think at this stage it's reasonable not to. When we designed...
Minnewashta Parkway, we don't allow the...and those are the things that can be done. I
would say though, you've got to take the Rice Marsh Lake ecosystem in it's whole context.
_ You can't just pull out of the western corner of it and work with that. Because otherwise
those problems stay there. We're aware of it. It's probably something we can work out a
cooperative project with the Watershed District, which was exhibited a number of years ago.
Conrad: It's like I don't mind filling the wetland. I just mind it if it destroys a function that
can never be replaced. So if it's habitat, we can create habitat some other place. That's not
a big deal. But if it's a filtration that costs...I hear what you're saying. It's sort of like saying
we can solve the problem yet we're going to pick an alignment and one has a rating of, a
system of less impact and one has more and it's really subjective. I don't mind the more
impact except if it's putting this into a real bad situation and that's sort of like trust me and
I'm not sure because we don't know yet.
Krauss: Well one of the things State law requires, and Army Corps is this thing called
sequencing. That we go through an alternatives analysis to see if it's possible to do this
without impacting the wetland. And the conclusion is, no. It's not possible. There's only a
narrow neck of land between the two water bodies. It's already occupied by the road. Yes
you can decide to do nothing. I mean that's one of the alternatives we're obligated to look
at. Or keep the right-of-way right where it is right now, which would severely impact all the
homes on the lake and arguably come up, you know if you expand the road in place there,
you have just as much hard surface area helping all that much more water into the Rice
Marsh Lake ecosystem. We still have to treat it. We don't know the answers to all that stuff
right now and I think it's a substantial design effort... I think it's really beyond the scope of
what we intend to do right now. We approach this as a land use and transportation issue.
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Planning Commission Meeting - February 16, 1994
We also approach it from the standpoint that there are people out there who's homes and
lives are affected by this decision and this thing has been up in the air for a number of years
and we thought that we owe them some resolution to that.
Conrad: Fred, when you take down 79 trees, and again I don't mind taking down trees. —
What, unless it significantly changes the character. 79 as compared to what? When we take
down some old trees, what are we left with out there? Have we destroyed a large percentage
of the hardwoods? Have we destroyed a small percentage? What's the character that has
been left as we put this road through? Alternative 3 road.
Hoisington: Ladd...in the course of the former alingment, the alignment further to the north,
as you know the vegetation there was impacted but it was not nearly the quality that the
vegetation is in this corridor. This will have a significant impact and I, there will be
vegetation elected on the east side. I don't believe there will be anything left. There will be
along the existing alignment of TH 101, some of the major oaks that are there will be left.
Vegetation will frame the road on both sides. As far as the percentage of the total stand
there, I'm not sure exactly what that percentage would break down to. All I can say it's a
significant loss. I think you have to make the assumption, this assumption. And Paul eluded
to this. That if the road is to be improved, there's going to be a substantial impact. You
can't avoid it. There's no way you can avoid it in this case. And if for example you were
interested in going with alternative 4, which appears to have a relatively minor impact in
comparison to alternatives 2 and 3, you also lose something in terms of the vertical alignment
of the roadway. What we're able to do in this case is to maintain a 1, for the most part a 19c
grade. There's a little stretch that's a little steeper than that but if you end up trying to put
that all the way down as low as you can make it so you minimally impact the wetland, you
end up with not the best vertical alignment for the road. I don't think there's any way you
can avoid a significant impact there. I just don't know how it would be done. And even if
we hadn't used, hadn't moved the road over already and tied in at this point, we'd still have
to confront these very same problems.
Harberts: I guess I just have comments. Fred kind of touched on it. That this is probably a
project that the community, in terms of the values that we try to bring to commission on the
environment. That 101 certainly is going to, is a road that's going to have a major, play a
major role in the community, especially in the area of development and from my perspective,
what I, Fred I think you did a very good job. You've certainly been working on this for a
while but it's probably one where we really have to look at the role that this roadway will
play in the community and in a sense bite the bullet with regards to some of the values that —
we're trying to bring to all of the developments. I guess I would just encourage this
commission, as well as the City Council, to look at the alternative that's going to best serve
the need of mobility in this community.
4
Planning Commission Meeting - February 16, 1994
Scott: Jeff.
Farmakes: I support 2. No further comments. I think the issue, if you want me to make
some further comments under open discussion.
Scott: Please.
Farmakes: This is something that has to be done and as the staff representative here has said,
there is no easy solution to this and the issue seems to me, if it has to be done and we're
looking at what's the best way to do it. The way with the least amount of impact does not
solve the issue of traffic, which is the reason we build highways because they're very
expensive and if we build them, we should build them well. I think all of us have seen areas
of the metro traffic system that break down in spots and are poorly designed and the reason
for that is, not necessarily that they had the opportunity to design them well. There were
extraneous, usually extraneous guidelines that they had to follow. Either politics or
neighborhoods or so on. I think that the issue affords to me the maximum return on the least
amount of damage and if there isn't a cost factor, the difference is wash between 2 and 3, I'd
go with 2.
Harberts: So your preference is number 2 based on if it's a wash of the complete cost?
Farmakes: It seems to me that the trees issue is a wash. The environment issue is a wash. It
seems to me that between 2 and 3, it has less of an impact and again, if you throw everything
up in the air, I see 2 I'd support over 3 but 3 would be a close second. I think it has to be
done.
Scott: Fred you were mentioning that by the year 2005 there's going to be 11,000 vehicles
per day to 13,000.
Hoisington: 15,000.
Scott: To 15? Could you give us an example of a roadway, it sounds like it's about half of
Highway 5. If you can give us an idea of the roadway here. Are we talking Powers? And
then if you could tell us also, how much traffic does TH 101 have on it today?
Hoisington: TH 101 as rece..�ly as, do you have the current traffic? The traffic has been
growing rather dramatically on TH 101. When we first started this study we were only like
2,500 vehicles per day just south of Highway 5. I'm going to guess now. That sounds
reasonably that we probably have closer to 4, maybe 5 at this point. Of course we've
dispersed that a little bit because we still have existing TH 101 which is the curly Q and we
5
Planning Commission Meeting - February 16, 1994
also have Market Boulevard. So we're now dividing that up to a degree so it's kind of hard
to say what the traffic is really there wanting to be in that corridor and once the old road is
cut off, how much of it is actually over on the other one. As far as a comparable street as
far as traffic volumes in the city, with 15,000, is there another one?
Krauss: Well TH 101 north of TH 5 operates...
Scott: Oh okay. And that is kind of 2 lanes, kind of 4 lanes. Mostly 2.
Krauss: In that state.
Scott: Okay. Also too from a speed limit standpoint, who decides the speed and then how
does that work with who pays?
Hoisington: Well MnDot has a great deal of control over your lives when it comes to setting
speed limits but typically the way it's established, I think it's 80% of, David knows that.
80% of traffic should travel at less than the speed limit that you set because you're going to
have a certain number of people that are going to travel in excess of that speed limit in any
case. The problem is if you set it wrong. Let's say you set it at 40 and really it should be
50, then you've got a real problem in this case and I guess that decision will have to be made
later and if it's determined that it's a 50 mph roadway, then there will have to be some super
elevations. It won't change the alignment or anything Joe, it will just simply have a kilt to it.
Scott: It will change the cost.
Hoisington: It will change the cost. Well, the cost probably won't be that much different. I
wouldn't say there would be that much cost difference. It's just a matter of tipping it so that
people can stay on it. —
Scott: Okay. And then, let me think. Also from a waiting standpoint, and I can appreciate
where you're coming from and having everything being equal. If the other commissioners
want to do this, do you feel it'd be appropriate to talk a little bit about which of these items
should be weighted more heavily than others, if any? Because I took at look at one, I was
trying to determine, what would be at least in my mind the least important and I have to ask
Fred a question about, when you talk about the impact on the trail. I notice that the third
alternative, I think if you took that particular impact out or if you minimize it's weight, then
the alternatives become within 1 or 2 points and it pretty much becomes a wash. So if you —
could please tell us a little bit about your thoughts on impact of the trail and is it a cost item?
Is it a safety item? Is it both?
6 -
Planning Commission Meeting - February 16, 1994
Hoisington: It's a grade separation situation Joe. With alternatives 2 and 3 you actually can
run the trail underneath the roadway. With alternatives 1 and 4, you will have at grade
crossings. The whole idea was to minimally impact the wetland. Get the road down as low
as you can get which means you can't pass a trail underneath it without putting a sump pump
or whatever down there to accommodate it. So it really is a matter of grade separation.
That's the whole difference in that. Now, I think that's pretty important and I would give
that some weight but there are things, there are criteria in there that probably are not equal in
importance to some of the others in this case and we haven't tried to suggest that one is or is
not. In that case trails is grade separation, that's what the difference is.
Scott: Okay. Do any of the other commissioners want to discuss the weighting at all or just
take it as is and go from there?
Mancino: Let somebody else do it.
Conrad: Joe, it's impossible to figure out.
Scott: Okay, good. I wanted to toss that out to see if anybody want to go with it. Any other
comments or questions for city staff?
Conrad: Just one. There is a median in alternative 2 and not in alternative 3?
Hoisington: Both of them have medians. They're both almost identical roadways Ladd. 24
foot.
Mancino: I have a quick question. On page 17 under trails. The last paragraph before the
park and ride transit. It says that a recreational lane will be separated from the auto traffic by
a jersey barrier.
Hoisington: Yes.
Mancino: What's that?
Hoisington: Up here on Highway 5, the railroad bridge has a jersey barrier. But I think that
one also has a fence above it. The reason it has a fence is because it's so tight to the traffic
lane. I believe that's why there's a fence. This one we would not want to see a fence on top
of because we think it's ugly to begin with. But it'd be the same jersey barrier. Stands about
3 1/2, is it David, feet tall? And it's just one of those things to separate Nancy the traffic
from the pedestrian.
7
Planning Commission Meeting - February 16, 1994
Mancino: So if I'm looking at Figure 6, Section B? Or Section C and I go to the right side
of the page, where it says proposed 240 feet right-of-way. There is that 10 foot trail.
Inbetween the 10 foot trail and the right-of-way is this jersey barrier?
Hoisington: No. No. The jersey barrier we'll only have on the bridge. The Highway 212
bridge. That's the only place it will be.
Mancino: Okay, thank you. -
Scott: Good. Any other comments? This is a public hearing so if anybody would either like
to speak either for a particular alternative or against a particular alternative, please step
forward and state your name and your address into the microphone and if you have any
exhibits or anything, we'll try to help you position them so they can be picked up on the
video.
Al Klingelhutz: I'm Al Klingelhutz. I live on 8600 Great Plains Blvd in Chanhassen. I
guess it's just too bad that Highway 212 is being delayed as much because virtually all of this
road would have been built by the State Highway Department because it's going to be a
major road into the city of Chanhassen. A collector street. I'm not going to talk about what
Fred mentioned before about the assessments. I think we can talk about that later. But I
really think it's time that the landowners, and I'm one of them. Keith Barts was ready to sell
his property in 1988. A lot of discussion on this road in '89. Where it was going to go.
I've got four purchase agreements in my file at the office that were offers for Barts' property
at that time and because of the fact the road alignment was never set, they all backed away
from it. Today I've got another purchase agreement on Barts property and I guess in order to
make the sale come through we're going to have to have a mapping of that road so that any
developer that comes in actually will know where that road's going to go. It's been a
problem. I know we've had 2 or 3 neighborhood meetings. A good share of the people at
these meetings approved alternate 3. Number 3. I don't think any one of the alternatives,
even though they're, put alternate 4 up there once more Fred. ...and to me I think alternate 4
would affect the wetland more than any one of the other alternates. It's closer to Rice Marsh
Lake and there is more potential for any more wetland in there.
Hoisington: This one you're talking about Al?
Al Klingelhutz: The one that swung out the furthest.
Hoisington: Oh, you're talking about alternative 2?
Al Klingelhutz: Yes. Where the road is now is the least amount of wetland and I don't
8
Planning Commission Meeting - February 16, 1994
believe that if the road wasn't there, there would be much difference in the wetlands. That
wetland was filled and the bridge was put through underneath the road at the time and it took
away some of the wetland where the road is. You know but I would think, I sure hope that
you come up with a final conclusion on it and I believe alternate 3 that you're recommending
and the neighborhood seems to support it the most. There were 1 or 2 against it. I
_ understand one fellow bought the house and one guy in one house just soon get out right
now. And that's...He's as old as I am. Probably not in quite as good a shape but he'd like to
get out so. I didn't like the one where the spread was about 300 feet inbetween. You'd have
_ a row of houses between two roads. In the business I'm in, I know what a problem it is to
even sell a lot between two major roads and the type of houses you'll get in there would not
benefit the neighbors who live on Lake Susan. Thank you.
Scott: Good, thank you. Would anybody else like to address the Planning Commission? Let
the record show that there is no one else. Can I have a motion to close the public hearing?
Conrad moved, Mancino seconded to close the public hearing. All voted in favor and
the motion carried. The public hearing was closed.
Scott: Ladd.
Conrad: I said what I had to say.
Scott: Okay. Any other comments? Can I have a motion please?
Harberts: I'm not making a motion yet but I would be inclined to go along with staff in the
report in terms of alternative 3 as a preference. I would just like to have a little dialogue
with the other members as to what. I know where Jeff stands or desires in terms of what was
a close call. 2 or 3.
Farmakes: 2 represents slightly less damage, is the extent of the difference. If there's not a
price difference, I don't. It's negligible the difference. Just figure the less is more.
Scott: And they both have about similar impact relative to the trees and so forth.
Mancino: I think one was 79 and one was 74.
Scott: Yeah, 74 or something like that.
Farmakes: What I don't want to see happen is that we come up with an alternative that isn't
going to work as a highway.
9
Planning Commission Meeting - February 16, 1994
Scott: That the highway's going to go from a scenic connection between Shakopee and
Chanhassen and kind of a local traffic, to now where it's going to be draining toward 212 so.
Especially heading south and going north so. I was kind of tossed between 2 and 3. I could
support the staff's recommendation.
Conrad: I can too.
Mancino: I can too and I would say for 3, the reason being is, or the pros that Fred put in
his report being that it was good buffering for the homes abutting Lake Susan and that there
was total use of land between existing TH 101 and the proposed alternate 3. I think those
were the strong points for me that were written in the report.
Scott: Okay. Are we ready for a motion?
Mancino: I move that we approve Alternate 3 alignment of Highway 101.
Scott: Is there a second? _.
Harberts: I'll second that.
Scott: Okay, it's been moved and seconded that we adopt the staff recommendation. Is there
any discussion?
Mancino moved, Harberts seconded that the Planning Commission recommend Alternate
#3 for the official mapping of Highway 101 from Highway 5 running south to Lyman
Boulevard. All voted in favor and the motion carried unanimously.
Harberts: Paul, are we looking at like a 3 or 4 year perhaps actual build time when funding
can be found, at the earliest?
Krauss: It's possibly less than that...As Fred mentioned earlier, what I'm beginning to believe
is going to happen, we may well need to build the temporary improvements to serve
development in that area long before anybody is ready to do it. The issue of MnDot funding
is a very tough one...fallen another 2 or 3 hundred million dollars behind to committed
projects. This is one that they haven't been committed to since 1933 so.
Harberts: How did that Governor Carlson's State of the Address, I can never get it straight.
When he somehow found $94 million for highway. How does that impact 212?
10
Planning Commission Meeting - February 16, 1994
Krauss: We're not sure. That was funding that they were reinstituting for projects that they
had previous funded but cut.
Harberts: But did that include 212?
Krauss: My guess is that it might but typically what happens is you've got to figure on
outstate getting 60 cents on every dollar.
Harberts: I was just wondering. I hadn't had a chance to check out the numbers.
Krauss: Well $30 million doesn't buy a heck of a lot when it comes to roads.
Harberts: No it doesn't. Especially when it's...Why is it the...familiar with that key funding,
that perhaps you're not ready to move ahead with this type of thing through the current
solicitation.
Krauss: Well we're not sure which category to put it first of all. I mean I see it as a
wonderful program but...is also underfunded. The feds approved it and they funded it at 80%
of the level that they approved it at and people at MnDot are given actually less
transportation money throwing...than before. Plus there's more handout for it because
communities like Chanhassen can get it for pedestrian bridges, to Southwest Metro and other
things. It all used to go to straight highway construction.
Harberts: Well I'm just thinking with the, looking at the innermotal aspect of this is the trail,
the park and ride. I would think that it would certainly be a top candidate.
Krauss: Yeah but it unfortunately it is from a local standpoint and certainly desirable. But
it's not a major highway in the regional system.
Harberts: Oh I see. So it's one of those minor arterials type of things?
Krauss: Yes.
Harberts: What about with President Clinton's funding proposal, what was it, $400 million in
capital funding. I think that came out in President Clinton's budget. Is that an opportunity
that ISTEA might be funded at a higher percentage?
Krauss: Diane I don't know but I've heard over the years, I'll believe it when I see it.
Harberts: Okay, thanks.
11
Planning Commission Meeting - February 16, 1994
Scott: We have a second public hearing tonight and due to the situation of notices, vis a vis
the adjoining property holders, we will have a public hearing but we will continue the public _
hearing until our next Planning Commission meeting which will be on the 2nd of March.
Also item number 3, Lotus Realty Services, we will have a public hearing but that public
hearing will be continued until our next meeting. So there will be no motions or there will —
be no action taken on items number 2 and 3 of the agenda until the next meeting.
PUBLIC HEARING: —
CHANHASSEN KINGDOM HALL FOR A SITE PLAN REVIEW FOR A 3,800
SQUARE FOOT CHURCH TO BE CONSTRUCTION ON AN 87,113 SQUARE FOOT
PARCEL LOCATED ON LOT 1, BLOCK 1, CHANHASSEN BUSINESS CENTER, _
LOCATED SOUTH OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD AND WEST OF AUDUBON ROAD.
Kate Aanenson presented the staff report on this item.
Harberts: Has Public Safety had a chance to look at this with regards to the circulation of —
cars in the parking area?
Aanenson: Yes.
Harberts: And they're okay with it? —
Aanenson: Yeah. The only issue that they raised was that the appropriate marking of...and
they felt that was fine. —
Harberts: What about with regards to public safety.
—
Aanenson: Turning radius of emergency vehicles?
Harberts: Right. —
Aanenson: Yeah.
—
Harberts: That works?
Aanenson: Yep. —
Harberts: Okay. Was that in the report or it just wasn't...
12 _
Planning Commission Meeting - February 16, 1994
Aanenson: There wasn't a specific letter from the Fire Marshal but we did look at that.
Scott: Any other comments, questions for staff?
Mancino: I think I'll wait for their presentation.
Scott: Okay, good. I just have one question, as I recall going through the conditions. There
isn't a condition for approval that has to do with the construction of the berm or surety for
_ that, which we want to add when we do the motion on the 2nd of March. We'd like to hear
from the applicant or their representative. If you could please, if you'd like to present, please
step forward and identify yourself.
Steve Kern: Good evening. My name is Steve Kern at 6540 Devonshire Drive, Chanhassen.
I'm here mostly to answer questions. I think your staff did a fine job of presenting the whole
project pretty well. The main thing that's been taking place is that if we hear more input
with the approved project, we go along with and add to in a revised drawing. Those two
photographs that we showed you are from the Cologne congregation right on the Highway
212 and the purpose of sharing those with you, if you did get those in your mail, was that
they help address the...and that top photograph shows a similar view to what we would see on
the elevation drawings only about 3 times the distance or 130 feet... And also the other view
that we've done, is very similar when you go to the south coming over the bridge. If you
look over that northeast...where we're proposing to break it up with large trees and break that
roofline a little bit. The shrubbery as an...all the way around the building...and we're
_ interested in making a real nice site that's going to be very eye appealing to the community.
The building itself is identical to these photographs with a few changes are down inside...
Harberts: How high is the drive thru canopy? How high is that? Maybe the real question is,
is it high enough to get a public transit vehicle through there? People that require...service.
= Steve Kern: Yes.
Harberts: Do we have dimensions on that?
Steve Kern: ...construction drawing looking at the top and it actually gives the...Last year we
built 200 of these around the world. Those issues are always addressed and being that you've
got the handicapped ramp that's presented in the final drawing that you have right there...
We're recognizing small buses and other kinds of buses might drop people off for a large
event. The ramp is there and the height requirement...
Harberts: I think it needs to be somewhere around 8 to 10 feet.
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Planning Commission Meeting - February 16, 1994
Steve Kern: I'm pretty sure it's taller than that.
Conrad: Kate, what's the impervious surface ratio of that?
Aanenson: 70%.
Conrad: It is 70? What if the church grows? Do you add on or what happens?
Steve Kern: Well, we don't add on. ...always stay the same. Right now we have an average
of 90 people...and my guess is around 150-170 and then they change our territory for maybe
some might be asked to go to Shakopee. Some might be asked to go to Cologne if they're
not growing very fast. You also have a hall in the Navarre area. Edina...and if 20 years from
now they were all full or they didn't wish to participate, we have in the past doubled our
meetings so we have a Tuesday, Thursday, Sunday. Tuesday's a large meeting where the hall
is 90 or 100 and Sundays is 90 to 100. The Tuesday meeting is one...so what we would do is
start a second congregation in Chanhassen and then they would use Wednesday night and
Friday night.
Conrad: Do you ever have times when you have a lot more people on site?
Steve Kern: It would be weddings, which in this particular group they're either very old or
very young. I don't see anything coming up. On the average once every 5 years we see a
wedding take place. The final drawings we show chair seating, we would put up about 155
chairs to be comfortable. Very extended browsing room in the back but the plan from New
York show that you can get 208 chairs in there which the parking was relied on...to come up
with 73. So we could expand in a wedding situation...
Conrad: Kate, do we allow parking on Audubon?
Aanenson: No.
Conrad: So where do they go when they have those particular events? Because you're kind
of isolated right now.
Steve Kern: I think that, like right now we're only seeing 30 cars. 35 cars that come with
those 90 people and families. And so in a wedding per se, would probably bring us into that —
73 range. I don't know if temporary permits are possible. What we sometimes have done
is...a community center or school and get permission to use their parking and bus people back
and forth.
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Planning Commission Meeting - February 16, 1994
Aanenson: There might be another user inside the industrial park they can shuttle them back
and forth.
Scott: Have you got any other questions for the applicant?
Farmakes: I don't see any landscaping in front of the sign area. I don't see any on the plan,
although there's not a detailed.
Steve Kern: Yeah being that the signage was drafted here just today I guess. The plans that
you have we have shrubbery around the building. Nothing...but we certainly could add that
in the proposal. We want landscaping.
Farmakes: I think that would integrate it better to the building situation if you look at that. I
don't have any further comments on the structure.
Mancino: I have a couple comments and questions on the landscaping. In the staff report
there seems to be a mixture of Kentucky Coffee, maples, Ginkgo along Audubon. Where are
they? I can't.
Aanenson: They don't show up on this plan...If you go out and visit the site, they're around
there. That was part of the improvement project we did...in the city's right-of-way. What we
would want to...They have submitted another landscape plan...
Mancino: Okay. Well one of my suggestions would be that if we have boulevard
landscaping on Audubon, and let's say the trees are planted every 20 feet apart, etc that when
we go in and put the berm, the 4 foot berm and it is a continuous berm?
Aanenson: Well we'd like to see if that...
Mancino: That we use some plant massings instead of doing one every 16 feet or something
like that. I think that your choice of the lindens, the little leaf one is great. They get a
nice...tall and have a good span but I would like to see some massing. And maybe some
other coniferous trees that will give screening all year. That would be my suggestion to add
to that because the main reason for putting that screening, according to our ordinance, is to...
parking lots and cars so we would like to do it also you know in a long winter light too. So
I'd like to add that to...
Scott: Kate, just one question. With the drainage of the NURP pond that either it is built or
has yet to be built. Is there going to be replacement for the rip rap? Kind of overland
drainage or is that just always going to drain over land into the swale by the tracks?
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Planning Commission Meeting - February 16, 1994
Hempel: Once we review the final parking lot grading plan from the applicant here, we'll
determine whether or not the velocity of runoff is enough to require rip rap. We may be able —
to maintain a...area for the runoff to go through. Kind of sheet drain it through the parking
lot similar to what we've done in the Industrial Control out on Park Drive. Their parking lot
sheet drains...
Scott: Drains to the creek, yeah.
Hempel: ...so we'll be looking at that in detail...We recommended to the applicant that
they...to minimize runoff in one direction...
Scott: Okay. Any other questions or comments? Okay. Seeing none, this item will be
continued to the next Planning Commission meeting. Thank you very much for coming in.
PUBLIC HEARING:
LOTUS REALTY SERVICES FOR A SITE PLAN REVIEW OF A 9,660 SQUARE —
FOOT OFFICE RETAIL BUIDLING (EDINA REALTY) AND A 2,533 SQUARE FOOT
FAST FOOD RESTAURANT (WENDY'S) TO BE LOCATED ON LOT 4 AND
OUTLOT A, MARKET SQUARE. —
Sharmin Al-Jaff presented the staff report on this item.
Scott: We'll probably do questions and answers of staff and then have the applicant make
their presentation. Do that.
Farmakes: The contractual agreement the city has on a PUD, what is the time line in effect?
Does it go on ad infinitum? _
Krauss: To the best of my knowledge...determination basically what you did back in '89 was
dropped the underlying zoning of the property and substituted the PUD...I know there is some —
language that was implemented in the Lake Susan Hills.
Mancino: So many years. —
Krauss: Yeah. That was an uncommon stipulation and I don't believe they put it here.
Farmakes: How do we apply, what if anything, has been changed in the interim of time to
consideration of this development? What was appropriate?
16
Planning Commission Meeting - February 16, 1994
Krauss: Well, this goes into one of those grayer areas where you know, I mean this is a
PUD. I can remember sitting in this chair 5 years ago arguing in front of the City Council
and the developer that a PUD was a contract and established obligations of both the city and
the developer, which the developer objected to strenuously. This was one of the first that
established some criteria in that regard. Relative to new criteria that's been developed since
then, there's certainly been a lot, from the strict standpoint of the PUD itself, you probably
don't have a lot of leverage. From the aspect of any HRA financial supports they may be
receiving...leverage in that area.
Farmakes: Is the Highway 5 Task Force recommendations, how do those interplay with this
PUD?
Krauss: The Highway 5, I guess we haven't reviewed it in detail...Highway 5 district would
establish the downtown...to the best of my knowledge consistent with the general parameters
of that. But in essence we have a PUD in place that supercedes it, it's, I don't, the term
grandfathered in...
Farmakes: And that includes four outlots that haven't been built upon yet?
Krauss: Yes.
Mancino: My question on that is when is an outlot, what's the reasoning for making it an
outlot at the time of the PUD versus a lot?
Al-Jaff: We speculated that possibly taxes but we really didn't find anything.
Mancino: I mean a lot of times we make things an outlot that we're not going to build on.
Krauss: Well a lot of times you make things an outlot that will be platted at a future time.
All the future phases for example in Hans Hagen's development are platted as outlots and
when they're ready to plat homes on them, they come in and review the outlot status and do
final plat.
Harberts: There's a tax advantage to outlots versus...?
Krauss: I don't know if there is or isn't but you can bet if there was, that developer would
find one.
Mancino: And I mean who owns right now the land here? I mean who owns Outlot A and
Lot 4? Who has ownership?
17
Planning Commission Meeting - February 16, 1994
Krauss: At the present time, you know it's my understanding that the city owns it and we
have a purchase agreement in place, a standing agreement that we will sell it back to the _
developer for a given price...and that purchase agreement has existed for a number of years.
Mancino: Now we own it, the city owns it. And we have a purchase agreement with another _
party. What if we don't want to sell it?
Krauss: What the City Manager's told me is that the city has the potential of exercising an —
option to keep it. There are additional funds that need to be paid in that circumstance and it
was his impression...the agreement that obligates us to buy all four lots uniformally
throughout this site, the office site and the two unbuilt lots closest to the Subway restaurant. _
We would then own all of those.
Mancino: We would own them and could we at a later date then sell them to another party? —
Krauss: I honestly don't know and there may be some burden placed upon the city if we
foreclose upon development. There may be some limitations...I don't know. If you'd like... —
Mancino: I'd like to know our options as a city, what we can and can't do.
Harberts: Is there potential for funding from the HRA involved with this project?
Krauss: Yes. I do know that we do not have the ability to elect to just buy for example —
Wendy's.
Mancino: Part of it.
Krauss: Right. —
Farmakes: What's the zone. Has the zoning changed in regards to office retail since '89?
Krauss: Well, some of the PUD conditions have.
Farmakes: Is the PUD in regards to the office retail differentiate? That was before my time _
here. Are we looking again at a similar situation as down the street here where it's listed as
an office building but primarily the lower level, in this case, it's a one story building, is
essentially retail. Is that a fielder's choice situation here with this particular development? _
Or I understand one is a major tenant, is a realty company.
Krauss: That's true but I think you're right. Your characterization as some kind of an —
18 _
Planning Commission Meeting - February 16, 1994
inbetween type of animal is probably accurate. As I recall, parking will allow some retail use
in that building. It probably is going...
Farmakes: So we potentially could be looking at retail signage adjacent to 78th, facing the
city?
Krauss: No. What you're going to get there. The signage is regulated by the overall PUD
agreement. That sign allocation was established 5 years ago and they can't deviate from that.
Now I don't, and maybe Sharmin can expand on what...tenant.
Al-Jaff: It would allow two signs on two of the...
Farmakes: So I assume north and south.
Al-Jaff: Correct. Or east and west.
Farmakes: So there would be individual tenant signage facing the city and the park.
Al-Jaff: The more I read the covenants, the more I was picturing the Medical Arts buidling.
As far as signage.
Harberts: That would be an example.
Al-Jaff: Yes. The covenants...or the existing signage on the Market Square.
Farmakes: And the use would be subject to change as the tenants would change, between
business and retail.
Al-Jaff: But then if they change, they would have to meet all the parking criteria and if they
— can't meet that, then we won't allow the occupancy to take place.
Krauss: But that wouldn't precluse retail use. It would preclude say a restaurant going up
with a liquor license...
Farmakes: The monument signage that we're looking at, are you recommending that it be the
same height as the existing monument signage currently '.n Market Square?
Al-Jaff: As well as design.
Farmakes: Is in '89 the agreement, that agreement was included in '89 in the PUD?
19
Planning Commission Meeting - February 16, 1994
Al-Jaff: Correct.
Farmakes: On the height restriction. How tall are those signs currently?
Al-Jaff: I believe they are 8 feet high. _
Farmakes: 8 feet. I saw in the agreement that it was higher than that on the report. Maybe
not. —
Mancino: We don't have any signage...
Scott: No, but we have pictures there.
Farmakes: 14 feet? —
Al-Jaff: Well that's what it says in the.
Farmakes: PUD agreement.
Al-Jaff: In the PUD agreement.
Farmakes: Which would be substantially higher than any other monument signage that we
have.
Al-Jaff: Correct. There is one monument signage that is at that height. However, it faces. —
Farmakes: The highway.
Al-Jaff: The corner...
Scott: Are you talking about Center Drug? _
Al-Jaff: Pardon?
Scott: Are you talking about the tenant in the corner of.
Al-Jaff: Right next to Center Drug. —
Farmakes: Lawn and Sports?
20 _
Planning Commission Meeting - February 16, 1994
Al-Jaff: Yes. Lawn and Sports. There's a 14 foot high monument sign.
Farmakes: That's a part of the building though isn't it?
Al-Jaff: Yes and no really.
Farmakes: That's the overhang coming off that's attached to the structure of the building.
_ Al-Jaff: Yes. And I think that's what this clause was for. But none of the other signs reach
that.
_ Farmakes: So the clause envisioned it being attached to the building? The structure itself?
So sort of a connected skyway to the pylon sign.
Al-Jaff: That's how I interpreted it. Because otherwise there's really no need to have the
clause in there. That would be the only structure that would meet this criteria. 14 foot high.
But in speaking of the applicants, they indicated that the signs that they are proposing will
be...signage that it is out there. The monument sign that is out there. And that's why we
requested that they submit a plan that can be approved by Planning Commission and City
Council and we make sure that they are identical to what's out there.
Scott: And we'll see that on the 2nd?
— Al-Jaff: Yes.
Mancino: I think when we get these developments, to see the signage at the same time that
we look at the site plan would be very advantageous so we can look at the materials. We can
look at everything as a unit. I mean as a whole. See how it works together.
Harberts: And when you're talking about the materials Nancy, you're also talking colors,
things like that?
Mancino: Right. The real thing.
Farmakes: It would be advantageous to it to look rather than typically how we get a signage
direction. We will see a schematic or an elevation drawing and we will see an example on
one tenant. Truly how you see each, potentially each minimum tenant has a sign so the
accumulation of that should be part of that, even if it's fictional. It should show what the
maximum extent of that package would be.
21
Planning Commission Meeting - February 16, 1994
Harberts: This is a pretty focal point for the community so I have to agree with those
comments.
Al-Jaff: It would be an anchor building for that corner...Market and West 78th. That's going
to be a prime area in Chanhassen.
Scott: Any other comments or questions? Okay. This is a public hearing so if anyone
would like to address the Planning Commission, please step up. Identify yourselves and we'll
be interested in your thoughts.
(The following discussion did not get picked up very well on tape as people were not —
speaking loud enough or directly into the microphones.)
Vernelle Clayton: Since I recognize the rest of the people as being part of our group...
Vernelle Clayton. I'm representing Lotus Realty here tonight. Rather than a free willy
montage of facts and figures that you usually get from Brad, he had to be out of town
tonight, I'll present the project. However less colorfully but hopefully I'll be able to give you
some background. Explain to you all, try to get a little bit...and how it got there. And I'm
saying that because I understand, although I wasn't there, that that very question was, has
been posed to Council and staff by the Council. By legal counsel and staff. By the
Chanhassen Council because there is some confusion I think and lack of understanding on
how we did get to where we are with the project. Partly because the project took so
incredibly long to get off the ground. Phase I did. The plan and the Planning Commission
stage I'm sure, although I wasn't involved at that point, took place long before probably
everybody except Ladd was on the Planning Commission and I guess if you're not on the
commission or...HRA, you probably weren't involved...of what went on. I would like to say
also that I don't want to spend all evening with you reviewing what...thank heavens it's over
and...breathe a sigh of relief but one of the things that occurred was that there was a change _
in the attitude of lenders and financing. And in fact we experienced a change in a lender.
One of the other things that happened, thankfully, the city was extremely cooperative and
helpful in filling that gap because they recognized the need for a shopping center and
particularly a grocery store and it was a high priority item at that time. So in a nutshell, to
summarize what happened in several months and many meetings here, the city, as a way of
infusing the necessary additional equity that the more stringent lending requirements...are
dictated, purchased this particular piece of land which is now comprised of two separate
parcels from the Bloomberg Companies. But unlike other purchases that the city, that the
HRA. It was at the HRA... but this was the HRA that did it. Not the city itself. The HRA
in other cases had purchased land outright and just plain owns it and uses it for development.
For example there's...that the HRA owns that and can sell it or do whatever they want. They
could I suppose if they chose build something on it and manage it and operate it. This is
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Planning Commission Meeting - February 16, 1994
different. This was purchased. They agreed to purchase the lot and in return for Bloomberg
agreeing to repurchase it. So there was at the time the purchase agreement was signed, an
option that was also an option to repurchase by Bloomberg...simultaneously. And attached to
that document is the purchase agreement that spelled out the terms under which Bloomberg
will close on the land. So that explains where we got, how you got to where you are. How
some people say gee, the HRA owns this land. Why is development being proposed on our
land perhaps? I don't know what all the decision might be but it was always planned that
this project would be developed as a part of Market Square and that Bloomberg would
_ exercise their option when a purchase agreement came, when a purchaser came along for
them such as Wendy's. And that's what's occurring now. There is a different agreement on
Lot 2 and 3 where unlike Bloombergs having an option to purchase, they didn't...2 and 3 but
_ I didn't want other misunderstandings going on here. That agreement is with Market Square
Associates Limited Partnership which is the owner of Lot 1, which is Market Square. Under
that agreement there is no option. There is a requirement that they, the partnership purchase
it. So they're not connected and they're separate agreements with separate entities. Now
because Paul remembers it one way and I went...not having a million other transactions flow
across my desk. I can certainly understand how people coming on the Planning Commission
who may not have had a, may not have even lived here for all I know at the time this was
going on, would not have a clear understanding of what those documents say. They are in
addition to that, a little more complex. There is a possibility that the city could find a third
party offer and in that case Bloomberg has the right to meet that offer. Practically speaking
Wendy's wanted to be there and is offering a whole lot more than the city's contract with
them says, there is no apparent reason to me why if they came up with a third party offer that
Bloomberg wouldn't say yeah, I'll match it.
Farmakes: Can I ask you a quick question?
Vernelle Clayton: Sure.
Farmakes: Wendy's has a contract with the city?
Vernelle Clayton: Wendy's has a contract with, actually Lotus Realty who is coordinating all
of this. Bloomberg is the one that has the option that can be exercised but in order to
transfer all of the...deeper, we determined it would be wise to present one site plan for this
because two small site plans could lend to not a very good flow of the site. Not coordinated
landscaping. Not coordinated construction and we wanted it all coordinated. So to
coordinate it we, Lotus has a purchase agreement with Bloomberg. Bloomberg will exercise
their option and then Lotus plans to transfer title to Wendy's as well as to a partnership
which will be comprised of largely the same partners that own Market Square I.
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Planning Commission Meeting - February 16, 1994
Harberts: Vernelle, you commented that when Market Square was being developed or
proposed or whatever, that this was always the intent. This project with the intent of going
forward but because of financial difficulties or whatever, that's why it's so slow. When you
commented that this was going to, this was the intent, did that intent mean a fast food
restaurant and this type of other building that's being proposed or just that some type of
development would occur?
Vernelle Clayton: I said that there were financial problems. It was the whole world you
know fell apart for financing any kind of real estate and we had not intended at that point to
be developing these parcels along with Market Square. So they weren't, it's not true to say
that these parcels weren't developed then because of lack of financing. It was kind of an
extraordinary effort on Brad's part that he was able to fill 80,000 square feet at the time it
opened. Any more than that is typically planned when you do, most shopping centers of this
size, and particular those that are larger, have a major center and 2 or 3 other lots which...to
Nancy and that we apparently call them all outlots and we refer to all of these lots, whether
they're legally Lots 2, 3 or whatever we call them outlots. And maybe I'm wrong. Maybe
it's not...I may have misunderstood your question. But in any event, to answer your question,
yes. We thought there was a great likelihood that there would be a fast food restaurant here.
We also thought always that there'd be some kind of additional retail. We didn't think there
would be whatever might be proposed on Lots 2 and 3 because at that time, at the time that
the whole process was approved, the Council and the Planning Commission also approved a
vetrinary building and a drive thru for that site. So you'll see those on old plans when you
see old plans...
Farmakes: Wasn't there also another proposal of a bank building?
Vernelle Clayton: I'm sorry.
Farmakes: Wasn't there also another proposal of the Americana Bank building?
Krauss: Several years later.
Vernelle Clayton: Right. That was several years later. They proposed and that's how this
little snaffu with the outlot came about. They originally this whole area was called Outlot A.
Everything we're talking about tonight was called Outlot A. And they went at the time the
Americana Bank wanted to be here, they only wanted half the site so they went through most
of the approval process for platting that. The Minutes say it was going to be divided into two
lots. Somewhere along the line somebody instructed a surveyor to label it Outlot A. And
that's the best that we can, Sharmin and I have gone through...and can't quite figure out what
happened but it was apparently the intent from the dialogue that's recorded that they be two
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Planning Commission Meeting - February 16, 1994
lots. It simply was split into two lots.
Harberts: He didn't mention how Southwest Metro had control over the old...
Vernelle Clayton: Diane and I got to know each other by phone before we met.
Harberts: I think I was on board for 2 days. Interesting project...
Vernelle Clayton: So anyhow, that kind of gets to how we got part of the way to where we
are. As to why the HRA...fact that the Bloomberg Companies has a legal interest in the
property and...exercising it's option. Under our proposal for Wendy's as I said will be
owning a parcel and a partnership, pretty much the same partnership as the one for Market
Square will own the Lot 4 and as I said...As to the proposed development...one of the ways to
control property is to have or influence development on property is to have a PUD. This is
not a bad PUD from your perspective...And we have always gotten into the fact that we as a
developer and those folks that drafted the PUD agreement as well as other agreements
anticipated that there would be additional retail development on that site. And let me say
_ there's a need for additional retail. There's a need for traffic...for Market Square. I don't
mean to imply that there are a lot of people that are close to going out of business. That
things are so tough down there but there are a lot of people that go to bed worried every
_ night I can tell you that. These people are all ahead of the time just a little bit. Everybody
that's moving into Chanhassen is ahead of time. They're positioning themselves because they
want to be here when we are fully developed and when the market catches up with what
we're doing here. There are probably a couple people in Market Square that can't wait that
long but it needs the synergy of newer folks out there that generate traffic. We've spent a lot
of money out there generating traffic...that we have just to get people on site and Wendy's
will do a lot of that for us. We don't care particularly...that they all go to Wendy's and
immediately hop over and...or drop in at the hardware store but we care that they see it and
they see what's there and they can come back and support it. So, there's a development
agreement. There's a PUD. A development agreement. A redevelopment agreement.
There's a repurchase agreement and even restrictive covenants that restrict the height of
buildings...All of those have a lot of little things that limit what we can do and provide you
control for what we can do. It was drafted that way so that this project would be consistent
with what already existed in Market Square and we think that the project that we're bringing
in is consistent with those anticipations. As we go through the presentation there may be
references to those. I think that Sharmin has already made some reference to various
requirements that set forth for example signage, parking, access...As to the use of the
property, as I mentioned, it was rezoned PUD and the PUD agreement contains standard
language that the standards of the BG, general business district apply to this as if they...Uses
are of course retail as we mentioned but we have proposed office and among... Getting at
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Planning Commission Meeting - February 16, 1994
uses a little more, we screen uses probably as stringently as anyone there because of, although
it might be from a different perspective. We're concerned with respect to the mix of tenants
at Market Square. We have turned down several proposals from folks who want to be in the
area and possibly in the building because a similar use already exists in Market Square. For
example we've had...uses which under the ordinance would be permitted. I really don't think
you'd like very much and we would not like very much either on the site. We, in deference
to Guy's, although unbeknownst to him, we turned down Taco Bell on the same site that
Wendy's is now going on. Even though his lease has no provision to that affect. I
understand that he sent you a letter saying a couple things and I'm paraphrasing if you
haven't seen the copy. One of the things he said...is not true and I trust you understand that
now that you understand...ownership of the parcel became vested in the HRA and then the...I -
need to say also that it is our intent to continue to protect, to protect him and others based on
what they were doing when they moved there...and he didn't ask them about changing his
venue...that became that grill after we were already... -
Farmakes: Excuse me. When you're referring to he, you're referring to Guy's?
Vernelle Clayton: I'm referring to Guy's. And I don't like any of those tenants over there
to be unhappy with what we're doing. I work with them on practically a daily basis. I talked
with Guy about this and he just sort of shrugged his shoulders. Apparently he didn't think I
was in any position of authority to do anything about it so he wasn't going to complain to
me...with respect to this particular project. Wendy's began discussions with us last March
and one of the specific elements that was important to them was a site plan so we met with
staff and reviewed various alternatives and...which was recommended by the staff. In the
next few months...and then we prepared some more formal renderings of the site plan and
elevations and presented them to the HRA and the comments with having preliminary
discussion with them...prior to bringing it to Planning Commission and Council and that was
in late September. September 23rd I believe. We then were...and so the site plan and
specifically the landscaping plan was used...Kevin Norby prepared the landscaping plan...as
well as through the Tree Board. At the same time this was going on, we were finalizing
elevations and in the case of Wendy's making...elevations based on projections by the HRA.
We presented the...roughly in December. Anticipated Planning Commission public hearing in
January. We all know that the schedules were changed due to the accommodation linked to
the Highway 5 study. We thought...perfect presentation and before I introduce the folks that
are going to come up and make the presentation, because it is less than perfect, it's because
we were trying...but in any event, I think what we have, it might not be perfect or as perfect
and colorful in quality and visible...less than 24 hours really to get the new site plan attached
to your packet together. He has not spent, that was at 3:45... Since then he's had a chance to
fine tune it a little bit and you'll see a fine tuned version here which incorporates a few
things...by Friday afternoon. Then on Monday we learned that...The other thing that Bill had
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Planning Commission Meeting - February 16, 1994
to do was...Sharmin decided that she wouldn't, suggested we add some relief to the front in
the form of bringing forward the gabled portion a foot and that meant that Bill had to go back
to the drawing board...Monday morning on the elevations. Now all this time Bill had planned
to be doing a really nice computer presentation of...the building and so we're without those
tonight but thankfully we do have the most recent response to the most recent suggestions and
this also left Kevin in a little bit of a lurch since he had only I think today to do the revised
landscaping... It's my thought that, since you've already seen the site plan, we might then
look at the landscape plan next since you kind of have those around in front of you and then
we'll talk about the buildings. And so, unless you want to see it in a different order.
Scott: Go ahead.
Vernelle Clayton: I would like to introduce Kevin Norby who I think all of you have met in
the past and he will make...Thank you.
Kevin Norby: Again, I apologize for not getting a copy of this to you but I do have copies I
can distribute to you.
Scott: If you want, if you can stick that in front of the podium. For the folks at home.
Kevin Norby: I guess what we've done here, I thought maybe Bill would be going first and
have an opportunity to explain what changes were made on the site. Staff suggested that this
area, which was previously shown and I think is on your copy, shown as 6 foot wide and
suggested that that be widened to 8 feet to accommodate the planting of additional green
space. We've actually widened that to 10 feet feeling that we probably needed that extra 2
feet to insure that those trees would continue to thrive.
Harberts: Kevin, can you just kind of give us a point of reference where West 78th Street is?
It's kind of hard.
Kevin Norby: Yeah, this is West 78th and north. This would be Market here and of course
Festival would be down in here. So this is I guess one of the changes that Sharmin had
suggested of this being widened to 8 feet. We've widened that to 10 feet and incorporated
some trees in there. Sharmin had actually asked to have 5 trees planted in this median and I
was somewhat concerned about salt tolerance and the amount of traffic that runs through here
splashing up on the 'sees so what we've done is provided 3 trees. We've changed the species
a little bit to provide some additional salt tolerance. We've landscaped that area with lower
growing, ground cover type material that will take the snow loads and the salt tolerance.
Mancino: What is that?
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Planning Commission Meeting - February 16, 1994
Kevin Norby: In this case we've used fleece flower, the ground cover. The trees are
hackberry and ash and off to the ends we've got maple and linden where we think there's a
little more space to accommodate those. We've also got this sidewalk that continues around
the site. Part of it exists. That will be extended across West 78th here and the city currently
has as part of their West 78th Street project 5 trees which are proposed there. We have a
total of 32 trees shown on the site, 15 of which are required. 15 trees are required as part of
your landscape ordinance. Your parking lot ordinance.
Mancino: That's the minimum.
Kevin Norby: The minimum. We've got 17 shown in the parking lot. We've got another 10
down there provided as far as buffering, screening. Quite a bit exceeded that in an attempt to
hide things like the trash enclosures, soften the building architecture and so forth. Again the
trash enclosure is located here. Bill will explain why that is there. It was the request from
staff to consolidate the two enclosures and...will be accessed from both tenants buildings. I
guess in general I'll let Bill cover that sort of stuff but in general what we've done is tried to
soften the architecture. Tried to provide some green space. There will be some berming and
that sort of thing to help break up some of these views along here along West 78th and
Market. And then we've used again extensively ground covers and shrubs for both buffering
and for landscaping around the buildings.
Mancino: I have a question for you. If I'm over at Country Suites and I want to walk across
the street and go to Wendy's, and I get on the sidewalk on Market, how do I get to Wendy's
in a pedestrian friendly way that I don't go around cars? Is there a pathway?
Kevin Norby: The hotel over here?
Mancino: Yeah.
Kevin Norby: You either walk the sidewalk which will take you to Wendy's...allow annuals
around the buildings. Around the signs we've got more perennials. It will be both colorful
and it will provide a lot of canopy cover.
Mancino: Is there the use of brick pavers for sidewalk or are we all cement or have we
upgraded up to some sort of a brick walkway around the buildings?
Kevin Norby: I haven't been involved in those discussions and I'm not sure it's reached that,
quite that level of detail here but at this point what we're representing is concrete. Maybe I'll
let Bill kind of touch on some of the other changes here.
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Planning Commission Meeting - February 16, 1994
Vemelle Clayton: ...so do you want to explain more about the site plan?
Bill Brisley: Most of the changes were driven by planning staff which you see there. I'm
sure there's a lot of rationale that they have that I'm not privy to that...but I certainly would
answer any questions on the site plan.
Harberts: Well one of the questions I have is with regard to the trash. And maybe it's just
my not understanding the total use of the other buildings but it would seem to me there's
more traffic generated potentially by Wendy's so why wouldn't the trash be located in the
other parking lot where I would think there would be less traffic to deal with. But then
maybe I'm just.
Bill Brisley: Well here's where Wendy's collects their trash in this area and then directly out
that door. And then a hauler would come in here...pick up this dumpster.
Harberts: Oh because they generate more trash?
Vernelle Clayton: Right. They generate more and plus we have several experiences in
Market Square where anytime you have large dumpsters, which you want, because you don't
want...The hauler has to head in directly back.
Harberts: They have to back up.
Vernelle Clayton: Right. And up here they'd have trouble...
Harberts: So tell me how a trash hauler would go in there and do a 3 point turn?
Bill Brisley: This is all one way.
Harberts: So tell me how.
John Milga: We arrange the time for trash pick up so it just doesn't come in the middle of
the day or when it's busy and quite easily what happens is the trash backs in this way, pulls
up here and...
_ Mancino: Are you open 24 hours a day?
John Milga: No we're not. And we wouldn't anticipate trying to be open 24 hours a day.
Harberts: Can you describe that location where they collect the trash. Is that like an
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Planning Commission Meeting - February 16, 1994
enclosed room or something?
John Milga: Well first of all we compact our trash before we take it out to the dumpster.
Harberts: And that's done in that little room.
John Milga: Pardon me?
Harberts: That's done in that little room that you pointed out?
John Milga: This one here? This is a cooler and freezer and that's all enclosed. And then
when they would bring out the trash, they would bring it out here.
Harberts: And is that somehow screened? That trash...or whatever it's called back there?
John Milga: Yes. There's very heavy screening all around the trash, except for this little
sidewalk here where the office people can bring trash in.
Al-Jaff: We're also requesting that there would be terming to create an impression...from
Market Boulevard as well as...
Bill Brisley: What happens is this site steps down...and so where we take up some of the
changes...
Harberts: That answers my questions.
Vernelle Clayton: I'd like to bring, before we get off the site plan I'd like to bring up one of
the...Council and you should know about it too. These don't exist down here. They live
currently up in here and if you haven't noticed them, please drive out and take a look at
them. They're inconsistent with any kind of building design...so we're proposing that they be
moved. And one of the reasons we're proposing that they be moved, the screen is
obviously...and the other is that there's a requirement that there be nothing planted within 10
feet and they're closer than 10 feet to the sidewalk. You can't shield them from the
sidewalk. So we need to address, I don't think you'll find any arguments from anybody that
they're ugly but we might find an argument that...so we're going to have to work on that. So
I just wanted to explain that and this will be able to provide screening...
Farmakes: What was your motivation in changing the roof line? What was it originally?
You discussed some of the changes you made to the main structure here.
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Planning Commission Meeting - February 16, 1994
Vernelle Clayton: To this one?
Farmakes: Yeah.
Vernelle Clayton: Bill, well we were going to have Wendy's go on next but if you want,
why don't you talk about it.
Farmakes: That's fine if you want to come back to that.
Bill Brisley: Yeah, I guess I'm...
Vernelle Clayton: Okay. I think it would be nice if we did allow John Milga to talk a little
bit about Wendy's and he and...
John Milga: Well first of all Wendy's is kind of an upscale hamburger chain and most of our
customers fit the profile of Chanhassen's population base. Where it's a little more upscale.
A little more office related. People are a little more interested in salad bars. They're good
for your product and we kind of emphasize that. Emphasize the adult seating with the
movable chairs and tables. One of the things we have to consider is in trying to develop
here, what they have a plan that our building would match with the Market Square building
_ as well as with the Edina Realty building. So one of the considerations was to try and get a
dormer type roof on top of the building and also to match the brick. Now this artist has
shaded it in kind of a beige but we're going to match the same color as Market Square
building which is kind of a grayish color. And at the time we'll use the same materials so
we'll have the same brick materials as Edina as along with matching the colors of the Market
Square building. Now our logo colors are red and you can use this a little bit because we had
the rendering done before we had to make some other changes that Vernelle eluded to but
you can see the dormer treatments here...Gary, you know all the colors a little better than I
do.
Gary: Well we're effectively going to compliment the colors of the shopping center. This
dormer treatment...and add some red striping to compliment to the canopies used in the
shopping center, which is a burgundy. And brick treatment, as I mentioned being kind of a
grayish...This is what you call...
Harberts: Is this a, and I don't know if I'm...is this like a franchise store or is this like a
corporate store?
John Milga: This would be a corporate operated store. However that doesn't mean that it
would always be a corporate store. We do have flexibility that we can sell stores to
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Planning Commission Meeting - February 16, 1994
franchisees and buy franchise stores.
Harberts: Do you have any Wendy's that do not have drive thru or do all your Wendy's all
over the place have drive thrus?
John Milga: The only place that we don't have drive thrus is if we're in a downtown area
like in downtown Minneapolis. Or inside of a shopping center mall. Other than that they all
have drive thrus. And the reason for that quite frankly is, about 30% of the business comes —
through a drive thru. Today people do their banking through drive thrus. In fact women are
the primary users of drive thrus because when they drive home and they have little kids, they
don't have to take the kids out of the car, or out of the van today. Bring them in someplace. —
Worry about them running around and so they can have them all contained where they can do
their banking and...
Farmakes: Your elevation drawing is showing burgundy striping on the building and your
sketch drawing is showing a matching red to the sign. What, do you have a sample of what
that would be or do you, any exterior samples? —
Gary: ...on the site?
Farmakes: Yes.
Gary: This is just a paint that's painted on. The top of the parapet is treated with...What we —
have shown right now is green...red and beige.
Farmakes: So when you're referring to red, I'm looking and I'm seeing almost a burgundy
red and in the drawing I'm seeing bright red. What is the color?
Gary: It's red.
Farmakes: The red I see in the Wendy's sign? _
Gary: Yeah.
Mancino: ...fire engine red, not burgundy?
Gary: Right. No. —
Harberts: I thought I had heard the comment of your corporate logo colors would be.
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Planning Commission Meeting - February 16, 1994
Farmakes: I heard the awnings that are currently on the Market Square development. Did I
hear that wrong?
Gary: Not a burgundy. It's kind of burgundy red. Sort of...
Farmakes: Well signage reds are color coded. They're specific. The red that you're using in
Wendy's I'd say is a 185 red.
Gary: ...Yeah. The signage in the shopping center are red.
Mancino: But I mean it's not going to be a subtle burgundy?
Gary: No. Right. No, it's going to be red. And this...
Mancino: Where else are their signage up on the mansard or whatever you call that part of
the roof? I mean you have a drive up area.
Gary: Right. We have.
Mancino: In your other Wendy's you have a fair amount of signage.
John Milga: ...original pictures of our "standard building" may give a better idea. You can
see there we usually use a brick similar to the brick that you have in civic center...
Scott: And then all your rooftop, your HVAC and all that kind of stuff is going to be
screened? Actually contained underneath so it won't be visible at all.
Gary: Right.
Farmakes: Will the stone and brick that you're using is accented by a rougher stone in the
detail work?
Gary: Yes...
Farmakes: And this is the bronze metallic that you're referring to?
Gary: Yes.
Harberts: And this site is supposed to have two drive thru windows? Is that right?
33
Planning Commission Meeting - February 16, 1994 —
John Milga: Yes. That's the standard...and we are changing our signage. We're not going to
have Wendy's Old Fashion Hamburgers. Wendy's is Wendy's... —
Farmakes: Okay, so on some of these other buildings where you see chili and frosty, all this
auxiliary signage that you're talking about is restricted then to your...
Mancino: And is it lit, back lit?
Gary: Yes. It's lit. Basically this is one of our, what do you want to call it...
Vernelle Clayton: When you're talking about Wendy's signage...but each building is allowed _
signage on two sides...
Mancino: And that includes the pick up window? _
Vernelle Clayton: Right. They might choose to have a sign on the side.
Mancino: But that's then 3.
John Milga: No, we'll have 2 signs and basically the way we go about our signage... —
Farmakes: I think you're talking about an auxillary sign for the pick up window here or pick
up here. —
John Milga: ...directional sign for example, we'll probably have a sign on this side which...
Farmakes: Sharmin, could I ask you something in regards to the fast food restaurant that has
a drive up and in many of these such as McDonalds and so on and essentially they're a
monument sign onto themselves. How do we treat that issue in relationship to signage —
limitations in that PUD? ...we're talking about a limitation of 2 signs, building signs on two
sides. We're talking about auxillary signs. Pick up window here. Typically in a fast food
there's also a drive up collection. I'm assuming you have a drive up type situation where —
there's a menu and usually colored pictures and so on.
—
Mancino: Yeah...and also signage in the windows. 99 cents huge which is also signage.
Al-Jaff: Currently the ordinance does not allow...I looked at the McDonalds and we did not _
include that as a part of their signage...
Farmakes: I guess my question is, we do have criteria then that regulates the signage and the _.
34
Planning Commission Meeting - February 16, 1994
placement for auxiliary signage that buildings like these require other than the fact that we do
have restrictions when we're talking about the building signs themselves. For additional
obviously signage, do we have criteria that we use for that? I don't recall that...
Al-Jaff: ...that band then wraps around the building...
Scott: So you're saying if the corporate color is utilized as an accent on the building, which I
remember from the...corporate accent colors count as signage.
Al-Jaff: Correct.
Farmakes: We talked about that fairly extensively...how you determined that. How either
_ aesthetically or in ordinance you determined what effect it has...
John Milga: For example Super America likes to use a huge America flag to the point it
becomes when you see that on the highway, you know it's a Super America. I don't know of
anyone that counts that as a sign.
Farmakes: Particular fast food franchises, we could argue that at length but obviously Taco
Bell, Amoco, I can list off where the striping is an intricate part of their franchise building.
No question. A part of the signage. It's used to catch the eye. But I've seen it done
tastefully. I think Embers does a pretty good job of tastefully doing it. I've seen it done
pretty garishly.
John Milga: Then on the other hand, you take for example McDonalds has the golden arch.
Just because they use the yellow color, you couldn't say well, we have to use blue arches.
You're causing the corporation then to...in some cases when you start getting into this, you
start violating other trademarks and...
Farmakes: I think the argument can be made though that red trim on a building is not a
corporate ID. It's not a trademark. The Wendy's logo and the fact that you're using and so
on, that could be...
John Milga: I'll give you an example of one that is a trademark...McDonalds...lights on the
roof. Their roof design with...lights. That is a trademark by McDonalds...
Farmakes: I think the McDonalds was built many, many years ago. I don't think that would
fly any longer.
Harberts: The question I have is with the stacking of cars as they go through the drive thru...
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Planning Commission Meeting - February 16, 1994
Do you have a standard procedure where they stack up...
John Milga: Okay first of all there's a by-pass lane to get around the drive thru so if
someone was parked in say this parking space, if they want they could have two options...or
they could back out and go around the drive thru...Some companies do not have that but we
provide for a by-pass lane. Stacking wise you know, the reason we have the double window
is to move the cars through faster. They can pay while they're waiting for the pick-up and
then they move on to the pick-up window and...One takes the order and one takes the...so the
goals it always to keep...and you could stack up all the way to here. That was one of the
features your planners came up with and the way we had it set up before didn't really provide
for an emergency that could happen. That wouldn't be an ideal from our perspective to have
a situation like that. But could that happen? Yes, that could happen so we provided for...
Harberts: Have you done that type of design before where there could potentially be stacking _
up in that same place...
Scott: Yeah, what's the distance there?
John Milga: I think it's 24 feet.
Scott: Okay, and then cars are typically how long?
Gary: They're typically 20 foot...A Suburban might be about 20 feet long.
Scott: I'm just thinking if you've got 26 feet across that lot and you have two 15 foot cars
that are supposed to be parked, and maybe you're not measuring the distance this way but I
think if you have a car parked there and you have a car parked there, and your stacked 7 or 8
deep, those people are going pretty much going to be immobilized. I mean if you take the
length of two cars and the width and you don't have that much space in that parking lot...
Gary: ...26 feet but the cars are only say 7 feet wide. That's the width that a car would...
car was standing here, you still have 19 feet for a park to back out...
Mancino: I'm sure you said this before but I can't remember. How does the brick get to be
gray? Is that, do you impregnate the color of the brick?...
Harberts: Did Public Safety look at the traffic flow?
Al-Jaff: Well it was between...Dave, and myself. We looked at the flow of the traffic and
we have not studied this specific plan in detail but this was...
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Planning Commission Meeting - February 16, 1994
(There was a tape change at this point in the discussion.)
Farmakes: It's not restricted to that?
Bill Brisley: No it's not.
Farmakes: It could be Block Buster Video.
Bill Brisley: Right.
Harberts: Is there a, if the parking lot at Wendy's gets full, will people have the option of
parking over in the other side then?
John Milga: Well in fact this parcel, and Vernelle you can help us out on this if you want,
there is parking on this side. This is parking that belongs to this land. However we're not
even counting that as part of our required parking. But there was overflow parking calculated
way back when, when it was thought of this as being retail then. Possibly a in service
restaurant.
Vernelle Clayton: We intend to have cross parking easements. There already are cross
parking easements in place...
Harberts: Would a pick up, no. Let's start over. Would a Suburban with a 16 or 18 foot
boat be able to go through that? I mean realistically.
John Milga: But the question you raise is the same you have to ask in a bank. If someone
were imprudent enough to come with a Suburban and a big boat, and that could happen in
this area. Someone could be that imprudent to do that, do go into a bank, they're going to
tear up everything on it just like the church. They did the same thing. If they pull in there.
Harberts: So I take it the answer is no.
John Milga: No. Probably wouldn't. They probably could get through here because it's
wide enough but.
Gary: If there were no cars.
John Milga: Because with 22 feet, it would work but you know...
Harberts: Well we have Lotus Lake right there. We have a lot of traffic on 78th Street and I
37
Planning Commission Meeting - February 16, 1994
think it's very conceivable and unless this person is smart enough to park their vehicle
outside of that area, I'm just wondering what kind of traffic tie up you could have in there,
into the stacking, things like that.
Farmakes: Is the street lighting for Market II going to match Market I?
John Milga: Yes, it is the same street lighting.
Al-Jaff: We did discuss this at a meeting with the applicant and we suggested that they use
the same ornamental lighting that exists at Market Square right now, and we're hoping with
their next submittal that that shows on there.
Farmakes: And that will be part of any lighting situation within the lot also?
Al-Jaff: Correct.
Harberts: I'd like to just reinforce Nancy's comment earlier about seeing the colors and the
materials at the next meeting.
Mancino: And signage and where any accessory signage will be.
Al-Jaff: Do you want them to bring in examples? I mean actual pieces.
Mancino: Yes.
Conrad: Staff report took out sidewalks. I'm curious why we did that.
Hempel: Actually the site plan showed taking out the sidewalk with the grading of the site
and did not propose putting it back and that was one of the recommendations staff has, to
make sure that sidewalk on Market Boulevard is put back in place. And in fact the West
78th Street sidewalk.
Vernelle Clayton: If it said that, it was a mistake. It was never intended that we take out the
sidewalk...
Bill Brisley: We're not taking out any sidewalks. They're adding, or the city will be adding
the sidewalks...
Hempel: Let me clarify for the record as far as the city is going to be extending the sidewalk
along West 78th Street only. Nothing along Market Square or Market Boulevard. There's a
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Planning Commission Meeting - February 16, 1994
small segment of the sidewalk that was left out of the original Market Square development.
We're waiting for the city to put the turn lane in and move the electrical boxes that were on
the corner. We've moved them back for a second time now. The location is far enough back
to facilitate the extension of that sidewalk and development of the parcel.
Conrad: One thing that we hear on this Vision 2002 is, it's always interesting what people
focus on and we're trying to figure out what we look like in 10 years or 5, or something like
that. We talked about pedestrian traffic and although if Brad were here he'd be telling us
how the car moves us around, which is true. But on the other hand, the people that are
looking at the city are real concerned with pedestrian traffic. Staff, you did not want the
connection, as originally in our plans, made to these sidewalks on West 78th and Market Blvd
based on the staff report saying eliminate them. Is that correct?
Al-Jaff: No. Actually...
Bill Brisley: The sidewalk comes here.
Conrad: I'm not talking about those. I'm talking about the connectivity between the Edina
and the sidewalks that I perceive to be coming from the sides going out to the, right there.
Yeah. Now my understanding was staff said these pedestrian ramps should be eliminated.
Bill Brisley: Those were ones going across the street.
Hempel: Right. If I could clarify. There were previous on the landscape plan showing two
pedestrian crossings or access points out to West 78th Street and Market in this location and
another one out here to promote crossing mid block and...We did request that they give us
some continuity between the sidewalk on Market and Edina Realty and Wendy's.
Conrad: Okay. Then I understand. And we're going to look at connecting Wendy's to that
same Market Blvd sidewalk, right?
Al-Jaff: Yes.
Conrad: I'm really interested in connecting everything together. This is a PUD you know
and I think that's what everybody has to really refocus on. This is not just a subdivision or a
site pl.. It's really fitting everything together. I'm concerned with sidewalks and accesses
to get a, I think the parking lot at Market Square has been a bone of concern for a long time.
I hope we're taking that opportunity. I'm not going to get into the business of being an
engineer but I really hope we're taking the opportunity to make sure that this thing all fits
together, and I'm not smart enough to critique it right now but I trust staff will do that. I
39
Planning Commission Meeting - February 16, 1994
also trust staff will do that in terms of the sidewalks. Even though this little group that's
trying to figure out what we look like in 2002 has not come to conclusions yet, there's sure _
some solid indication of what they're looking for and that should be wrapped into this. We
shouldn't have to wait for this document to come forth. I think there's some clear directions
on that and this impacts it a little bit. So again, I just really hope between now and then that
staff has thought of those issues and making sure this all fits.
John Malga: Any other questions in regards to Wendy's?
Al-Jaff: I just wanted to add something in regards to the sidewalks. It's true as
Commissioner Conrad states that one of the main concerns of the 2002 Vision commission _
was to connect the sidewalks and we did look at this site and what we had suggested was that
the sidewalks. This is where Edina Realty is. The sidewalk would continue along West 78th
but at the same time go along the interior and then go to the west until it reaches Subway.
The sidewalk that's right in front of Subway and I think that would complete that sidewalk
connection.
Mancino: But you still can't get to Wendy's on a sidewalk. I mean it's not pedestrian
friendly.
Al-Jaff: Correct.
Mancino: You cannot get from a sidewalk to Wendy's without going through a parking lot
and I'm thinking small kids. I'm thinking bikes and all sorts of things. So it doesn't meet
those pedestrian friendly requirements.
Scott: Well another comment too with the Vision 2002 that's very obvious in the statement
that we all received is one of a civic center and obviously we have a civic center beginning
with City Hall. Potential City Hall expansion. Library relocation. Post Office. City Center
Park and so forth and perhaps in this particular area, because the ownership, at least at this
point in time seems to rest with the HRA, you know they also put some interesting
opportunities there to further enhance our civic center. So I had the opportunity to go to a
couple of the meetings. I know Nancy's probably, I think Nancy and Jeff went.
Mancino: In fact I just got a mailing from the last meeting and I would urge everybody to
attend on the Planning Commission and one of the things that we're looking at as an ad hoc
committee for 2002 is making this area, the city center, and I mean it was even brought up
maybe in this particular site is a public library. That may work out. I mean obviously the
committee has not come to any conclusions or recommendations but they are in the middle of
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Planning Commission Meeting - February 16, 1994
doing this. So it might be wise to listen to those much like the Highway 5 task force. To
wait until the Vision 2002 committee gets done and makes recommendations to the Planning
Commission and City Council because they're going to take the whole central business
district as a whole and look at it and do some site analysis.
Scott: And also too to say, here's something that's on the table for this particular site.
Mancino: Well there are lots of citizens involved. There are professionals involved and I
think that the HRA is the one that's funding Hoisington to facilitate all this. So it's a very
real thing that's going on right now and it's addressing a central business district as a whole.
Scott: And I think we've got a very strong tradition of taking our ad hoc committees, citizen
committees extremely seriously. But then again what we have to do, what I've seen too as
when there's an ordinance in the works, we always have worked with our applicants to say,
_ it's not here today. We don't know precisely what it's going to be but these are the things
we can count on for sure and guide them that way. Any other, anybody else from the
audience wish to speak on this particular issue?
Vernelle Clayton: Did you want to see the elevations?
Bill Brisley: Do you want to see something about the other building?
Farmakes: Yes.
Harberts: But we're done with Wendy's at this point right?
— Scott: Yes. Okay, let's move on to Edina Realty.
Harberts: Well it's coming back on March 2nd?
Scott: Oh yeah. We're not going to be making any recommendations this evening anyway.
Bill Brisley: ...I'm an architect employed Amcon Corporation...and specifically tonight for
the proposed development by...I was charged by the developer to create a modular, highly
flexible and...rental space to accommodate different combinations of retail and office service
businesses over the useable life of this building. Lease terms are relatively short in this
market, 3 to 5 years so the design of the building must accommodate frequent changes as
they inevitably occur. At the same time...aesthetic influences in the context of this downtown
area, my mission was also to create an architectural link between the shopping center, of
which this lot is a visible and legal relative, and an emerging Chanhassen city image defined
41
Planning Commission Meeting - February 16, 1994
by the new project such as the Country Suites, Medical complex, the apartment building
behind that, the bank across from Festival Foods, Brooks, and the older traditional landmarks
such as the steeple church and some of the main street homes further east. The PUD
agreement governing this lot also stated that the building should be compatible with the
Market Square shopping center which, from a massing point of view, was a combination of
gable and flat roof systems. What has emerged as a result of these ingredients is a small
Chanhassen compatible building with a moderately high pitch, being 8 1/2 to 12. 8 1/2 to 12
pitch hip roof or main roof with 6:12 12 gabled gables punctuating that roof for visual relief
and aesthetic interest. The shingles are asphalt type and as used on most of the buildings or
pitched roofs in downtown Chanhassen and are to be a green color to match the green used in
the shopping center coping metal. Samples of the actual shingles will be submitted to staff at
the time of construction to verify compliance with expectations of this concept. The gabled
dormers...adjacent shopping center details. The gray lapped siding, white with trim around
the windows and dark gray rock face foundation block sills under the windows came directly
from the...and are specified to match the materials and colors of Market Square directly.
Square punched, four pane horizontal and vertical...windows on all four sides of the building
help to create a shop like vernacular as opposed to the typical linear store front kind...of most
commercial strip shopping centers...On Monday of this week Chanhassen staff requested that
the longitude in the walls be further broken for visual relief and the aesthetic interest by
offsetting them outward 2 feet is actually what we came up with. Not one. The corregation
with the gables. This effect is apparent in the enclosed computer model of the building. If
the Planning Commission's reaction is positive to this, I will be rendering a larger version of
these pictures with trees, people and cars for the subsequent meeting. Can I answer any
questions?
Scott: Any questions or comments?
Farmakes: What is the darker gray on the illustration that you passed out is the masonry?
Bill Brisley: That's the rock faced masonry.
Farmakes: And the lighter gray is the clapboard?
Bill Brisley: The clapboard and the white verticals are the 6 inch trim that goes around all
the windows.
Mancino: Windows are all the same size?
Bill Brisley: They're the same size.
Farmakes: If we were looking at this building then in it's true form, on two sides of the
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Planning Commission Meeting - February 16, 1994
building then would be the sign runners as per tenant, correct?
Bill Brisley: Right.
Farmakes: In the smaller area between the roof and the windows?
Bill Brisley: Right. That might be Edina Realty...Right now we're looking at about three
tenants.
Harberts: For the whole building?
Farmakes: In your revised perspective detail, this would be on both the north and the south
part of the building that we would be looking at or would it also be on the east and west
section?
Bill Brisley: The signage you're talking about?
Farmakes: Where it comes out a couple of feet?
Bill Brisley: No, no. On the end it cannot do that because we don't have that kind of slope.
Farmakes: Okay. So this would be on the north and south end of the building?
Bill Brisley: North and south. More of the gables...Actually the gables themselves could
protrude on the end. It's just that the wall can't go out because we're tight against the
setbacks.
Farmakes: When the PUD from '89, was the overall covenant that was in place for
downtown development, where the...line, I think it was consistent or...There's a line where the
development has to be, I'm forgetting the catch word that's used.
Al-Jaff: Compatible?
Farmakes: Compatible, yeah. Is that it? Besides this PUD, isn't there also an overall
downtown development ordinance that also uses that word?
Al-Jaff: Yes. And it's basically downtown architecture is what it uses.
Farmakes: Okay, but in the terms then of Market I and the PUD out of '89 for Market I,
ignoring the overall ordinance for downtown, compatible would be same as then as Market I,
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Planning Commission Meeting - February 16, 1994
right?
Al-Jaff: Yes.
Farmakes: Okay. So the intent here was to replicate some shape or form of Market I? To a
certain extent you're nodding your head. Was that as part of the assignment?
Bill Brisley: That, was I intending to do that? No I wasn't. I was trying to pull parts.
Ingredients as I described from Market I and downtown. Market I details are kind of difficult
to put on a very small building. Market I, a lot of the expression on Market I came from the
fact that they are very large squares. Large boxes. And flat roofs. It would be easy to do if
it were a flat roof, just pitch up...entryway but.
Farmakes: In '89 was the interpretation of that line, that the building should be of a like
quality within a development or that they physically should represent one another.
Al-Jaff: We wanted architectural elements that were similar to the overall PUD agreement.
The standards that were set for Market Square.
Farmakes: Okay, so similar in detailing. Similar in not just cost per square foot but similar
in, it looks like an extension of the building in other words?
Al-Jaff: Yes. It looks like an extension. It doesn't have to be a duplicate of the existing
building but would have to have some similarities.
Mancino: Then you're just talking about compatibility.
Al-Jaff: Yes.
Mancino: So you're talking about compatibility. It doesn't have to be similar in the
materials you use or anything but it has to be compatible with what's in Market Square I?
Okay. So we could go to full brick here and not clapboard or etc? I mean we have some
versatility?
Al-Jaff: Yes, you do.
Mancino: Okay.
Vernelle Clayton: Do you want the language? "Designed with proper building materials so
as to be architecturally compatible with the shopping center."
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Planning Commission Meeting - February 16, 1994
Mancino: So we get compatibility.
Richard Wing: What was the date on that?
Vemelle Clayton: All of these documents were executed on February 28, 1992.
Farmakes: Now is that the ordinance for downtown that you just read or is that for Market,
the PUD for Market Square?
Al-Jaff: This is Market Square.
Farmakes: Okay. Why is that dated '92 and not '89?
Al-Jaff: That's when those documents were recorded at Carver County.
Farmakes: Oh I see. So the ordinance was recorded at that point, okay.
Scott: Any other questions or comments? Okay. Would anybody else like to speak about
the Edina Realty portion? Okay, thank you very much. Yes sir.
Richard Wing: Can I just make?
Scott: If we can hear you. I want to make sure we get you as part of the public record.
Richard Wing: Richard Wing, 3481 Shore Drive, Chanhassen. The only thing I wanted to
just comment on, as I listen to the last couple of seconds of this was tying this into the
— existing Market Square. And I remember vividly, not only here but at the Council and
particularly HRA, that Market Square caught some real heated demand and we had just
started to move into the thinking of the 90's and new development standards and new quality
standards and HRA took some heat for just simply running this thing through. There was I
think some talk at the very beginning of scrubbing it because let's not make a mistake. And
in fact Market Square was built and some of the design standards such as the little parapets
and so on were added at the last, the last second as a knee jerk reaction to try and get this
thing through and the developers were concerned about dollars and we couldn't redesign it
but yet we knew we really wanted to redesign it. I remember distinctly those discussions
here. Towards the very end and it went in but the thinking of the 90's started to take over
and that's been well represented by what's occurring in the city now and our standards are
_ increasing dramatically and we're not even close to being finished yet. We should have
ordinances on line where we don't even have to discuss these issues. They're just so
demanding that as people come into Chanhassen, in this growing market, they're pretty clear
45
Planning Commission Meeting - February 16, 1994
cut. Like Highway 5's going to demand glass, brick or better. So I'm very concerned that
there's discussion of trying to tie this into what I believe, and I think we documented it, was
thought to be a mistake. The old school. The old thinking. It's colors. It's architectural
style. It's roof lines, etc. To tie these buildings into that existing Market Square to me is
another mistake that I don't think we need to make so I guess I hope you can start to discuss _
this as a separate entity that has quality and architectural standards and design that far exceed
what's there at Market Square now. I don't want more buildings that look like that and I'm
going to be very sensitive to those issues. So I think we're on the wrong track design wise
for that corner and it's premiere position. But just the history I think on the record with, I
think I'll hold my comments. I hope I'm not, I may be talking off the record but nonetheless
from the heart and to the best of my judgment that those comments were pretty prominent at
that time. But I think on the record, I think everybody involved said, well if we could just do
this again or if it wasn't so far along...and put a little different coloring on it. A little
different architecture and protect it from the highway a little bit more. Bill Morrish kind of
came in and went ooh. Just what we're trying to get away from you're doing, but it was
done. So let's not do it again.
Farmakes: What I was trying to determine here Dick is what commitments the City made in
'89 to this particular PUD development as an outlot or extension before we critique what's
before us here. As I understand it, the city owns the property and there's a contractual —
purchase agreement of some sort.
Richard Wing: To the best of my ability, from what I've been able to learn, I think there's
some knowledge that there was considerable concern at the end of the last Council meeting.
And basically what's going on and who's driving and who made these decisions and where
are we going and this is our pivotable corner. I tried to get that out 5 times...had to spell it.
Pivotable corner. Premiere corner. Extremely sensitive corner. City Hall. City Park. Well,
you spelled them all out. So you're talking colors and parking lots and whether a boat trailer
will fit in there. We're talking land use...who owns it. What's going on and where do we
want to go with it. And I think those will be real significant issues coming up on the 28th at
the City Council and probably part of the planning, a separate plan meeting to discuss these
issues. So am I for or against, I wouldn't address that other than there's some very sensitive
issues here and it's kind of an all or nothing situation. Either we let this go and develop the
way it is, or we buy it for public use. I guess as far as, to answer your question Jeff. To my
knowledge right now, we have an option. They have an option or they have a purchase
agreement to buy for a private use. If they can find a private use for that land, they have first
option, first order to purchase that property. However, if the city should elect to take it for
public purpose, non-defined public purpose, we then would have to come up with another
$1.00 a square foot and buy it back, which I believe we have the option to do. There's a
major escape clause there for the city to take it for public use.
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Planning Commission Meeting - February 16, 1994
- Farmakes: Some of these issues, I'm sure you may know, are covered in some of the work
that was done for Highway 5. How they interplay with this particular application I think is
pretty significant and I'm fairly comfortable that my questions have been answered with
regards to what was committed in '89 versus now. Although you may take that up in more
detail with the Council.
Richard Wing: Another option you have is to buy the property so that it's all or, we win.
You know we want it all and then say we have a little higher standards than we thought.
We're willing to renegotiate this and we own the land now. Very valuable land...for
something better or more significant. I guess before I'm willing to get excited here about this
issue one way or the other, I really want to know for sure who owns it, where it's going and
_ are there options and what are the land use, the best land uses there. I'm not real impressed
with what's being offered considering the importance of that corner and the value of that
corner. I'm not real impressed with the quality of the buildings, the design of the buildings,
and I guess the other issue that came up at Council is fast food locations. We've discussed it.
We've been worried about it. We just got done with the automotive issues. So there's a lot
of wheels turning here and it's really unfortunate. I think that these people certainly have
some rights...I don't want to see this tied into what I feel is sort of a haphazard occurrence
that occured in the 70's and 80's when we got Market. I don't like...
Vernelle Clayton: I need to respond to a couple things because he has stated he doesn't like
gray. I mean I can say I don't like brown but at this point here...when it gets to the Council
it makes a difference...We get a lot of comments, very favorable comments of what Market
Square looks like so while there was...example the back side in terms of how that might look
and we added extra trees to hide it, we made some accommodations to the city and the lot
and so forth which everyone, including in the city would know...but we've gotten a lot of
very favorable comments on how Market Square looks. And a lot of people really like the
gray. The other thing is, I think before we start using the argument that we can do this with
the property, meaning the city, or not, you must get clarification from the attorney because
it's very clear in the documents. It specifically says, if the HRA gets a third party offer. In
other words, you decided to put something else on the property...Bloomberg can match it. So
it isn't, you can't just say hey, we're going to change our minds here and tell these people
they can't do what they want to do with their property. It's not that simple. The other thing
is, you do have to be careful these days that...do constitute takings and so you need to be
thinking about that and you don't, because you don't make that decision. I had a third point.
Oh, the other thing is is that, I guess I find it a little offensive to say that we had knee jerk
reactions. I wasn't directly involved in the architecture. Bill was and he was just shaking his
_ head back there that the parapets that we added were not added at the last minute and were
not knee jerk reactions and they were part of what people seemed to like about Market
Square. The other thing, and then I won't say any more, is that Paul mentioned to you earlier
47
Planning Commission Meeting - February 16, 1994
with respect to the use of the property and the architecture...were governed by the PUD is a
contract. You have a contract with us and we have a contract with you and that contract says
that these buildings will be compatible. So we have to try to do the best we can under the
circumstances and we, I think demonstrated that we're willing to make changes and that sort
of thing. All and all, it all comes down to what the public can bear. If you add things that —
end up costing thousands or hundreds of thousands of dollars to the building, either it won't
be built or it will be built and tenants will come there...and they'll have to pass onto, it's
not... economics but it's very real. If a building costs more, the rents are higher and the...We
all want something nice here but we also want it to be...impact on Market Square. A library
just doesn't cut it. You can say for example, you can look, if you don't believe me, that it
doesn't bring the traffic that it needs. Or frankly...I don't think the city, people in —
Chanhassen are very excited about coming to a city park that is no activity. If you wanted a
park without activity, you go to the country. If you go to a city park, you want activity. You
want people. You want lights. You want action. That's what we're trying to provide, not
only for the whole synergy of the downtown but also for Market Square...but we think this
can be done well. We'd like to work with you and cooperate with you. Oh I know the point
I lost. That I share the...library. It doesn't bring traffic. It's quiet, somber and the proof of
the putting is, look at the State ordinance and look at the parking requirements. The ones with
the most traffic have the most stringent requirements...1 car for every 50 square feet. Retail _
is 1 for every 200. Office is 1 for every 250. I can't remember library but it's less than all
of those. So that kind of makes that point. We need to have a viable downtown and just
because... we'd like a library on our most important corner doesn't mean that that's what the _
city should...Well I've worn out my welcome so.
Scott: Why don't we in the next 10 minutes maybe give general comments for the applicant
and then we continue this public hearing. Then we can go from there but at least give them
some formal feedback. Who'd like to start? Well I can. In my mind, as I mentioned before,
I think I'll just quickly summarize some of my thoughts. In my mind, having gone through
the Highway 5 task force, I felt that was city non-government at it's best where you have a
group of non-elected, non-appointed people in an ad hoc type situation, take an extremely
weighty task and coming up with some very viable and well rounded standards that quite —
frankly, as a Planning Commission we passed on to City Council with a few minor changes
but nothing major. I think we have a similar situation with our Vision 2000 and I think it's
important because of there's the viability of the downtown. There's the view of it, and we all
understand what Vision 2000, or at least those of us who are in the city and have been
involved with the process. That's something that I personally take very seriously and paying
close attention to that over the next 3 weeks because obviously we're going to see this again
so. I have questions about the property and what it should be used for. I would also want to
go on record personally, and if any of the other commissioners would like to second this, is
that if the, if indeed the HRA does own this property, which I believe they do, that we would,
48
Planning Commission Meeting - February 16, 1994
I would personally be very upset if it changed hands within the next 30 days. And that's my
personal opinion. Anyway, next.
Harberts: Are you insinuating that if there's elected officials on the HRA that they may not
want to consider running again?
Scott: No. I have nothing to do with that. I'm just saying that because of the sensitivity of
this particular property and the ownership position that the city has in it right now, that I'd be
very upset if it changed hands.
Farmakes: I'll make a couple of comments. The reason I was again asking questions in
regards to ownership of this property. Whether or not HRA was making a commitment to it.
The city's been a partner, maybe not in the legal sense but. I shouldn't say partner. I should
say catalyst would be maybe the correct word to this development from it's inception. As
one of the applicants said, the city in a way took the place of a bank getting this thing off the
ground, as a development. Market one. And obviously there are some self interests to
redevelopment of downtown at that time. Trying to bring Chanhassen into some form of
viable downtown. In doing that I guess obviously the city becomes a direction or force
within that. It seems that at times when necessary, the city's a welcome partner and at other
times, they seem to be accused of interfering. I don't think they're interfering with this
_ situation. I think that this junction that we have here is the pivotable area in the city. If the
city makes an investment to pilatzo or city square or whatever this is in the back yard here of
the City Hall area. It's obviously going to be a gathering place. A center to gather for
whatever city functions we have here. The property that we're talking about, as far as the
office building will be adjacent to that. When I saw the Byerly's development that came in
here, and I looked at the square foot type of development that was proposed there. I had to
say that I had hoped that that would be the type of quality building that we would see
adjacent to that property. Something with stone and something that followed along the lines
of what we had been working on the Highway 5 task force with architectural requirements
and that would be part of that ordinance. I find this particular building lacking in that. I find
these gables way disproportionate to the shape of the building. I can see, it seems as if it's
again thrown out as a problem to a solution perhaps in negotiations talking about the function
of the building. If I take the dormers away, coincidentally enough, it looks very similar to
the church that was proposed for the industrial building. Or industrial zone. Obviously per
square foot cost is the way you start out a retail building and the problem I've always had
— with what we do is our office buildings are quasi retail buildings. There's not much of a
difference between the two. It could be a doctor's office and it could be a video, it seems to
me as an issue of planning that that's very convenient for the developer but it's not very
convenient to plan a city and it seems to me we plan a city beyond 3 to 5 years that was just
mentioned for the expectation of a retail tenant. We have to plan for beyond that and
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Planning Commission Meeting - February 16, 1994
although I think that it's true, what we add to these buildings by demanding these things is
going to cost money. In the end in any business, that expense is returned to the consumer.
That's true. I feel that in the end that's a good investment. It's an investment in our
community here. I don't think that having basically an extension of the strip mall adjacent to
that corner is what we should do there and I'd recommend that the city not pursue that and
that they pursue a quality building on that corner. And if that means 5 years from now, that
means 5 years from now. In going over to the Wendy's building, actually I have to say I was
more impressed with the Wendy's building than I was with the office building, which is a
surprise that I saw a fast food building that impressed me more than the office building
adjacent to it. There are a couple of things that I would make comments on in that building.
The red striping I think is inappropriate and is not compatible with the surrounding -
development as far as accentuating the architecture with it. Right attractive. I understand the
reason for it. In a competitive situation where you were surrounded by 12 other fast food
franchises, as they are in the Prairie mall over in, down the street here. You've obviously in -
a different competition for sight from the streets and from potential consumers. You don't
have that problem here. You've got no competition. You've got cars that are going by at 25
mph and they have stop lights in front of you, or by your operation or where it's proposed. It
would seem to me very sad for us to get into a fast food franchise here that would pursue
bright garish colors as part of the architecture. It would seem to me to be incompatible. I
know as a citizen I wouldn't want to see that in our downtown. Now there may be issues of
legality here of the gray area between what is signage and what is architectural taste. Again,
the Highway 5 ordinance deals with some of that as an ordinance in defining the difference
between them. The actual signage package that you're proposing, it seems to me to be fine.
It's a moderate package is what we're looking for here. We're not trying to exclude
businesses from having packaging for signage. But we want a moderate proposal. We think
that's sufficient. If everybody has a moderate proposal, we think that you'll be seen.
Nobody's going by at 50 mph through here. Your position is too far away from the highway
to have a reasonable expectation that that brightness is going to be seen from the highway a
couple blocks away. So I certainly think, if you relooked at that, either as carrying the green
to the trim from the gabled or from the pitched roof, or picking up burgundy or something
from the Market Square development on it, that would be far more palatable to me. I like the
use of your stone and that looks quite good. So I'm trying to be constructive here with this
plan. I'm not sure that that's the location for a fast food development, although I am not sure
also, and the Council may want to look at this, of the viability. That if it's not a small
business, what small free standing business outside of that lot is going to be viable. If an
office building goes in there, is it going to take up the entire lot versus the split and I'm not
sure that that's a feasible market situation. But the city being the owner, they may want to -
decide whether they want to put their money where their mouth is. I'm trying to come up
with something constructive to the office building here. I can't. I think it's, originally the
Americana Bank building was proposed for that area. I thought it looked like a prison. I
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Planning Commission Meeting - February 16, 1994
think this looks like the guard barracks, and I'm not trying to be facetious but I think the
same things are in place. It's not trying to be anything more than what it is. It's trying to be
a retail extension that could be used as office and that's what we've got here. We've got a
square foot cost for a strip mall extension. And I think that that's not what that site calls for.
That's it.
Scott: Okay. Ladd.
Conrad: Just two comments. One, I think the area does need, or Market Square needs more
additional support in terms of retail or office. I think that just creates, I think that's important
for this area. And the other thing is, I just want to make sure we handle this like a PUD.
And I made those comments already. I want to make sure we're connected. I want to make
sure staff has really thought out all the problems that we've heard of over there in terms of
traffic, and I assume they have but I just need that sense that we're solving problems. Not
creating more problems. That's all.
Harberts: Well I would basically concur with the comments of Jeff and Ladd and I have to
agree too with regard to, I think I'm hearing there needs to be some kind of traffic generator.
I'm having a real hard time though seeing the, I like Wendy's but I'm just, I'm just not very
comfortable that it fits in what's being proposed with this and it's just the whole traffic
circulation and I think I would encourage staff also to the pedestrian elements here. That
came through loud and clear with the citizen input. But I'm just uncomfortable from that
traffic flow so I'm not very content that it's, maybe it's too much with what's being done. I
have to agree with Ladd that I think there needs to be another traffic generator there and it's
going to certainly enhance the mall but I'll just leave my comments at that for now.
Mancino: And I don't have too many new ones. I just want to say again how much I 100%
support, I mean I don't know what needs to really go at this corner. I mean I can't tell you
whether a Wendy's or an office building does. I do know that I do support what the Vision
2002 is doing and I would like to keep them focused on looking at the downtown as a whole
and getting back to us with their recommendations and that is from the citizens that are on
there, from professionals that are on there and I just know how important it was for me, what
I learned on the Highway 5 task force, and it's a lot of people putting in valuable time and
it's not citizens just listening to professionals. It's them asking the good what if questions
and saying what they want to see in their downtown and having some input. And if we cut it
off now, it's kind of like you know, here you've got me on this committee. I'm giving all
my volunteer time and yet you're going to go ahead and just continue developing the
downtown. Can't you wait for us to get done and make recommendations and whatever those
recommendations are. I don't know what they're going to be but at least it gives us, the
Planning Commission, which we are supposed to do is planning and we can look over their
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Planning Commission Meeting - February 16, 1994
recommendations and then go further. So I would, I'm just 100% in support of that.
Farmakes: I forgot to mention one thing in my comment. I want to make a constructive
criticism on the office building and I forgot to do that. Burnet Realty is building a free
standing building on Highway 5. The quality of that building stands out greatly from those
around it. I think that the buildings around it are very typical of strip mall type buildings. I
think that the Burnet Realty building that they're building there is not and that's my example
of, you know it's kind of quasi Georgian, classic design. Nice materials. When you look at —
that building, it stands out. I think that that's what we're looking for here. That's what I
think belongs there.
Scott: This item will be continued at our next meeting.
APPROVAL OF MINUTES:
Scott: Can I have a motion to approve the Minutes of the last meeting?
Mancino: So moved.
Scott: Can I have a second please?
Harberts: Second.
Farmakes: I have Minutes of the old meeting. I do have a correction. They had me saying
it cost $18.00 to house an institutionalized...situation. It should be $18,000.00.
Scott: That was $18.00 a minute.
Farmakes: That's on page, I don't have pages numbered. If you could amend that from
$18.00 to $18,000.00.
Scott: So noted.
Mancino moved, Harberts seconded to approve the Minutes of the Planning Commission
meeting dated February 2, 1994 as amended by Jeff Farmakes. All voted in favor and
the motion carried.
Scott: Excuse me Sharmin, do we have a City Council update? Councilman Wing gave us a
bit of an update but I understand that we have a new commissioner, Ron Nutting. I did speak
with him last night and invited him to come to our. Yeah, he was the fellow with the finance
background and who had some, actually worked for Trammel Crow for a number of years
52
Planning Commission Meeting - February 16, 1994
and so forth. So I called him. I talked to him yesterday and invited him to the next meeting
and we're going to get together with him, me or whoever and go over the night's packet and
try to break him in a little bit more. But anyway. Any other items from the last City
- Council meeting that we need to know about? Okay.
Al-Jaff: Other than the one...and that would be in regards to the joint meeting between the
Planning Commission and City Council.
Scott: Okay, when's that?
Al-Jaff: The City Council wishes to have a joint meeting sometime during the month of
April and it would be before your regular Planning Commission meeting. It would start at
5:30. You have a choice of either April 6th or April 20th.
Scott: Okay. Is that my choice? Well, we'll see who's paying attention. I'll say the 20th
and hearing no objections. Does that sound good for you?
Harberts: Do we have a Planning Commission that night?
Scott: Yeah. I don't mind doing that. Okay, good. Any ongoing items? No.
_ Administrative approvals. Anything you'd like us to talk about. I think we've had our open
discussion. Commissioner Harberts, may I have a motion to adjourn.
Harberts moved, Conrad seconded to adjourn the meeting. All voted in favor and the
motion carried. The meeting was adjourned at 11:10 p.m.
Submitted by Paul Krauss
Planning Director
Prepared by Nann Opheim
53
ONGOING ISSUES
REVISED MARCH 2, 1994
ISSUES STATUS
1. 1995 Study Area (North) and Hwy. Materials presented to PC. Public hearings
5 Corridor Study held at PC on January 19 to CC at a
February 9 work session.
2. 1995 Study Area (South)/Bluff Staff is working with MnDNR on the
Creek Corridor Greenway/Existing potential of establishing a comprehensive
use zoning - BF District multi-agency program to protect Bluff
Creek. The initial meeting was held on
November 16. There was wide spread
support and an LCMR grant application is
being prepared for a February submittal.
On January 24, the CC approved a
resolution in support of the grant. The
LCMR program uses lottery proceeds for
environmental projects. We are also
looking into the purchase of 5 acres of
land at the south end of Bluff Creek near
the railroad tracks and Hwy. 101. There is
a potential for its acquisition using a
combination of SWMP, Park and
Recreational and Watershed funds. Staff
intends to start work on south study from
land use issues after adoption of the Hwy.
5 plan.
3. Sign Ordinance Draft ordinance has been completed and
will be reviewed by the Hwy. 5 Task Force
in May. CC asked that the committee
look at limiting the number of sign boards
on building exteriors for office buildings.
To be completed early 1994.
4.* Tree Protection Ordinance, Mapping Tree Board completed work on the draft.
of significant vegetative areas This will be presented to the PC shortly.
1
5. Shoreland Ordinance Staff is currently working on draft of the
ordinance. Initial comments delivered to
Minnesota DNR. Will place on upcoming _
PC agenda.
6. PC input in Downtown Planning The city is continuing work on the 2002 —
and Traffic Study Vision Plan for the CBD.
7. Review of Architectural Standards Hwy. 5 Plan incorporates some language _
to Promote High Quality Design addressing this issue. If additional
emphasis is desired by the Planning
Commission, staff should be notified. —
8. Temporary uses, sales - new PC reviewed. Staff given direction to _
ordinance make changes and bring back in 1994.
9. Open Space Zoning Requested by PC.
10. Joint meeting with Park and Requested by PC. —
Recreation Commission on natural
area preservation and Park
Comprehensive Plan. —
12. Auto related uses. CC determined that new district not
appropriate but wants lot by lot discussion
of available sites and how best to control/
influence auto related uses. —
13. Local/Collector Street Plan PC requested discussion of potential
developing a map and plan. —
14. Hwy. 101 Alignment Selection Analysis completed. Will be presented to
PC shortly. We have found that it raises —
land use issues around the future 101/212
interchange that warrant examination.
15. Legion Site Transit Hub Plans in development for presentation to
HRA and PC. _
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also for the officials who would have to work
selves over the years as designers trainer' ,n with state officials and private developers
different disciplines. Mr. Morrish is an an hi- over the long term. What is "identity"? A
teed Ms Brown a landscape architect (,rte design committee, including the Mayor and
two,who are married, met in 1976 while tl :1, other officials, began meeting about once a _
were both students at Harvard's Gradudte month to get an analytical hold on this elu- for a combination of design skills and soc I
School of Design), and their vision of urkrn sive quality. initiatives.
design could be said to grow from the s>m- The first lesson were visual. Committee Though the Design•Center's approach__s
bolic act of planting a wall in the ground members went into the field to photograph fresh, it does not come out of a histori I
The symbolism of that act is twofold. It t•a natural features and historic buildings; then vacuum. Its fusion of esthetics, engineer
joining, a metaphorical marriage betwi en the pictures were pinned up and analyzed. and natural systems places Morrish and
the natural and the cultural. But it is also a The committee saw that the topography Brown in the tradition pioneered by Freder
primal act of differentiation. It carves land formed large, outdoor "rooms" that could ick Law Olmsted. The cognitive mapping f
into turf, divides space into conditions of guide future deve'opment. It saw how rela - Kevin Lynch and the ecological planning f
inside and outside. Such divisions are cultur- tionships between rolling hills,low-rise build-
in treetops and church steeples defined Ian McHarg are among their philosophical
ally and socially indispensable: arts, sci gs p bedrocks.Above all,their ideas are rooted in
ences, communities and families flourish Chanhassen's character.
thwithin differentiated spaces. But those d;vi- Next the committee studied the "architec work of J.B. Jackson, a writer v`>:
producelure" underlying these visual images. Out expounded the idea that the beauty of la '-
sons tan alsoa conflict, alienation y' g g scape lies in the complex integration of ,.ate
and gridlock.How to preserve the complex ay side consultants led seminars or. wetlands
ture and human artifacts. Jackson taught a}
without being defeated by it? How to retain and geological formations and their impact
reverence for the land without escaping into on local vegetation and wildlife. Old maps way of looking: a way to see that a Rorr -"i
simplistic pastoral fantasies') and newspaper articles were used to trace fountain, for example, is at once a work f
Morrish and Brown's thinking runs strong- the impact of agriculture, industry and ur- sculpture,a public space, a feat of engine__-
ly along Big Picture lines. But it runs just as banizanon. The parpose of these exercises ing and a unit of regional planning that linked
vigorously along pragmatic, microcosmic was not to turn people into amateur environ- the city to its surroundings via the aqueduct_
lines. Few of the projects they've wcrked on mentalists. It was to help them become bet- system.
have the high-profile pizazz of the Phoenix ter clients for engineers,architects and land- Morrish and Brown have turned Jacksc s»
public art plan. More typical is the plan for a scape designers. The city had learned to see way of seeing into a method of education.In a
highway corridor they conceived for Chan- that there is more to identity than the visual six-week exploration of cities along the M.L-
hassen, one of four small Minnesota cities surface of things. They wouldn't have to sissippi River that they conducted in 1! I.
that have recruited the Design Center to help I settle for the phony-natural look of the typi- they trained students to see how engineer ;
them cope with the pains of urban growth. cal suburb, with its arbitrarily curving and urbanization have tried to change the
Located 12 miles west of Minneapolis, Chan- streets,ersatz pastoral landscaping and arti-
hassen o 35,000) is the home of a dinner !ictally weathered wooden siding.
(P p The highway design was modified. Front- The thinkingat the •'
theater that draws audiences from through-
out the region. The city's population nearly age roads, which usually run parallel to
doubled in the 1960's, transforming it from a highways and shopping center parking lots, Design Center runs
rural community to a "third ring" suburb were moved away from the highway and •
and prompting plans to expand the area's designed to become actualcity streets. The along Big Picture
main traffic artery from a two lane road to a developers of a new chain discount store
divided four-lane highway. were persuaded to rotate the building 90 lines. But it runs just •
Chanhassen city officials were caught in a
degrees,orienting it toward the town instead
classic hind. While they favored growth,they of the hig •
hway. Landscape designers were as vigorously along
wanted to retain the identity that made poo-
brought in to improve the design of pedestri •
-
an underpasses.A pedestrian bridge over the
ple want to live there in the first place. Theyhighway was reconceived as a landmark city microcosmic lines.
feared that the highway would solidify into a gateway and linked to aa park/ride—Service.
tacky commercial strip,obliterating the roll gut something more important than these
ing, wooded landscape with parking lots and individual projects came out of the process. shape of what they call America's fourth
discount stores. In 1991, the Design Center The town discovered that it didn't have to coast. Through the Mayors' Institute, a pro-
was brought in to give advice. Morrish and established bythe Design Center
Brown recognized that the problem of growth accept standard soutions. The highway Mor- gram B
rish and Brown designed was not only for 1991, they have trained public officials i
couldn't be solved simply by prettifying the cars but for minds. Midwestern cities to see that design can be
highway Inevitably, the new road's impact Though small in scale, the Chanhassen an effective means of mustering a communi-
would be felt throughout the region. Thus the plan is far-reaching in scope. Most urban ty's physical, r
economic and intellectual —
team's first task was to enlarge the "high- development today is unfolding at the subur- sources.
way corridor" to an area that eventually ban edge. (The 1992 Presidential election was But the main contribution of these two nos
encompassed about 40 percent of Chs- the first in which the majority of voterswere been to make education the basis of design. It
sen's land, including properties likelyely to to be neither urban nor rural but suburban.) But is a painstaking process, one that cannot--e
' Morrish and Brown have not abandoned the reduced to a cookbook of recipes. And : •,
older, downtown core. Two current projects, with billions of dollars earmarked for puL.c
Their mission is i both in Minneapolis, demonstrate their rec- works, it would be folly not to rethink from
ognition that explosive growth at the urban the ground up the way those dollars 0-re
nothing less than edge calls for even greater commitment to spent. Morrish and Brown are not sell g
the inner city. buildings; they're not selling images;the e
to transform Hennepin County Works, a contemporary, not even selling designs. What they offer,
grass-roots version of the New Deal's W.P.A., really, is deliverance from the state of eat_
the way cities are will create jobs as well as a network of small haustion that can easily overtake us as e
neighborhood parks. In a second project, drive across the land and focus on potho ;,
designed and built. commissioned by the Minneapolis Housing rust,_traffic jams, crumbling levees — a
Authority,the Design Center is studying how route out of the despairing sense that Amer-
design and planning modifications could ica has run out of horizons, closed the fi—r-
developed in the future. ' break down,the barriers that have isolated tier,arrived at the end of our road. Mori h
Morrish and Brown viewed this project as public housing residents from the rest of the and Brown see that the end is only .,,e
an educational mission, not only for their community. Both projects. illustrate Ms. beginning of a new learning curve, a path
students (the Design Center, which is fi- Brown's belief that community building calls through ideas. '3
nanced by.the Dayton Hudson Foundation,
offers a program of graduate studies) but
H 33
'IE NEW YORK TIMES, SUNDAY, FEBRUARY 13, 1994
RCHITECTURE
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