CC Staff Report 12-8-08
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952,227.1190
Engineering
Phone: 952.227.1160
Fax: 952,227.1170
Finance
Phone: 952.227.1140
Fax: 952,227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952,227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952,227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952,227.1310
Senior Center
Phone: 952.227,1125
Fax: 952.227,1110
Web Site
www.ci.chanhassen.mn.us
MEMORANDUM
TO:
ToddGerhardt, City Manager
FROM:
Bob Generous, Senior Planner
DATE:
December 8,2008
6~
SUBJ:
Autobahn Motorplex
Planning Case #06-34 Amendment
PROPOSED MOTIONS
"The Chanhassen City Council approves the amendment to the Conditional
Use Permit for development within the Bluff Creek Corridor with a Variance to
locate the stormwater pond within the Bluff Creek primary zone and to permit the
phased development of the project and allow for the incremental expansion or
revision of the property line, in conformance with the grading plans prepared by
Sathre-Bergquist, Inc., dated 10-19-2006, subject to the conditions on page 8 of
the staff report."
And,
"The Chanhassen City Council approves the amendment to the Conditional
Use Permit for multiple buildings (up to 14) on one parcel and to permit the
phased development of the project and allow for the incremental expansion or
revision of the property line subject to the conditions on page 8 of the staff
report. "
City Council also adopts the attached Findings of Fact.
City Council approval requires a simple majority vote.
EXECUTIVE SUMMARY
The developer is requesting an amendment to the Conditional Use Permits (CUP)
approved for the project to permit the incremental revision of the project property
line with the development of the project. The proposed amendment to the CUPs is
a technical correction due to the proposed change in City ordinance. The building
location and use of the project will not change. The site infrastructure, access road,
sewer, storm water and water improvements are already in place.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on November 18, 2008 to review
the proposed amendment. The Planning Commission voted 7 for and 0 against a
motion recommending approval of the CUP amendments.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
if
--
-
Todd Gerhardt
Autobahn Motorplex
December 8, 2008
Page 2 of 2
The Planning Commission did not have any concerns or issues with the amendment. The Planning
Commission minutes for November 18,2008 are item la of the December 8,2008 City Council
packet.
RECOMMENDA TION
Staff recommends adoption of the motion as specified on page 8 in the staff report dated
November 18, 2008 approving the amendment to the CUPs for the Autobahn Motorplex project.
A TT ACHMENTS
1. Conditional Use Permit #2006-34A.
2. Planning Commission Staff Report Dated November 18,2008.
3. Email and Response between Lamina Tofteland and Bob Generous dated 11/13/08.
4. Email and Response between Kandy Jelle and Bob Generous dated 11/09/08.
g:\plan\2006 planning cases\06-34 autobahn motorplex\executive summary amend.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE PERMIT #2006-34A
1. Permit. Subject to the terms and conditions set forth herein and in the previously
approved Conditional Use Permit #2006-34, recorded on June 6, 2007 as Torrens Document No.
T163177, the City of Chanhassen hereby grants a conditional use permit for the following uses:
A. For development within the Bluff Creek Corridor with a Variance to locate the
stormwater pond within the Bluff Creek primary zone and to permit the phased development of the
project and allow for the incremental expansion or revision of the property line, in conformance
with the grading plans prepared by Sathre-Bergquist, Inc., dated 10-19-2006; and
B. For multiple buildings (up to 14) on one parcel and to permit the phased
development of the project and allow for the incremental expansion or revision of the property line.
2. Property. The permit is for property situated in the City of Chanhassen, Carver
County, Minnesota, and legally described as shown on the attached Exhibit A.
3. Conditions. The permit is issued for Autobahn Motorplex - Planning Case #06-34,
with the following conditions and the conditions of the previously approved Conditional Use
Permit #2006-34, recorded on June 6, 2007 as Torrens Document No. T163177:
Conditional Use A:
a. The Common Interest Community shall include the land within the Bluff Creek Primary
zone within the common area of the site.
Conditional Use B:
a. Should the two building sites along Audubon Road develop with businesses unrelated to the
Autobahn Motorplex Common Interest Community, then those sites shall be separated from
the balance of the site into separate parcel(s).
b. The development shall comply with the approved site plan for the project, plans prepared by
Sathre-Bergquist, Inc., dated 10-19-2006.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: December 08, 2008
CITY OF CHANHASSEN
BY:
Tom Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
STATE OF MINNESOTA)
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this_day of , 200_,
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
2
EXHIBIT A
Legal Description
That part of the Southeast Quarter of Section 15, Township 116, Range 23, West of the 5th
Principal Meridian described as follows:
Beginning at the Northeast comer of said Southeast Quarter thence on an assumed bearing of
North 89 degrees 00 minutes 25 seconds West along the North line of said Southeast Quarter a
distance of 2614.22 feet to the Northwest comer of said Southeast Quarter; thence South 00
degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance of
1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet;
thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence
Northeasterly along a non-tangential curve concave to the Northwest having a radius of 1859.86
feet; a chord bearing North 49 degrees 43 minutes 26 seconds East of 394.93 feet; thence North
56 degrees 57 minutes 24 seconds east, not to last described curve a distance of 323.97 feet;
thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98 feet; thence
Southwesterly 120.34 feet along a tangential curve to the right having a radius of 1959.86 feet;
thence North 57 degrees 57 minutes 24 seconds East not tangent to the last described curve a
distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance of
12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the
East line of said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of
72.51 feel along the east line of said Section 15 to the point of beginning, according to the
Government Survey thereof,. Subject to easement for County State Aid Highway 17.
EXCEPT which lies Westerly of Bluff Creek, the centerline of said creek described as follows:
Commencing at the Northwest comer of the Southeast Quarter of Section 15, Township 116,
Range 23 West of the 5th principal Meridian; thence on an assumed bearing of South 89 degrees
00 minutes 25 seconds East, along the North line of said Southeast Quarter, a distance of 718.45
feet to the point of beginning of the centerline to be described: thence South 03 degrees 14
minutes 54 seconds West, a distance of 12.34 feet; thence South 12 degrees 17 minutes 21
seconds East a distance of 18.26 feet; thence South 86 degrees 42 minutes 32 seconds East, a
distance of 66.41 feet; thence South 00 degrees 11 minutes 26 seconds East, a distance of 10.09
feet; thence South 26 degrees 53 minutes 49 seconds East, a distance of 11.25 feet; thence South
04 degrees 40 minutes 40 seconds East, a distance of 71.53 feet; thence South 08 degrees 34
minutes 33 seconds West, a distance of 513.32 feet; thence South 01 degrees 27 minutes 58
seconds East, a distance of 148.78 feet; thence South 08 degrees 14 minutes 13 seconds West, a
distance of 114.78 seconds; thence South 30 degrees 49 minutes 36 seconds West, a distance of
256.50 feet; thence South 30 degrees 12 minutes 30 seconds West, a distance of 95.70 feet;
thence South 22 degrees 09 minutes 40 seconds East, a distance of 29.71 feet; thence South 10
degrees 54 minutes 04 seconds West, a distance of 55.44 feet; thence South 14 degrees 39
minutes 10 seconds East, a distance of 15.14 feet; thence South 22 degrees 30 minutes 14
seconds West; a distance of 33.54 feet; thence South 08 degrees 36 minutes 50 seconds West, a
distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West, a distance of 16.30
feet; thence South 33 degrees 58 minutes 55 seconds East, a distance of 3.27 feet to the point on
the Northerly line of the Milwaukee, St. Paul and pacific Railroad, said point a distance of
586.57 feet Northeasterly of the Southwest comer of the above described property, as measured
along said Northerly Railroad line, and said line there terminating.
3
That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 Range
23 West of the 5th Principal Meridian described as:
Beginning in the Southeast corner of said Southeast Quarter of the Northeast Quarter; thence on
an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the south line of said
Southeast Quarter of the Northeast Quarter a distance of 747.57 feet; thence North 35 degrees 03
minutes 24 seconds East, a distance of 1.50 feet; thence Northeasterly 1042.48 feet along a
tangential curve to the right having a radius of 2814.79 feet to the East line of said Southeast
Quarter of the Northeast Quarter; thence South 00 degrees 24 minutes 06 seconds East along the
East line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point
of beginning, according to Government Survey thereof. Subject to easement for County State
Aid Highway No. 17.
Torrens Certificate No 24463
4
PC DATE: November 18, 2008
[IJ
CC DATE: December 8, 2008
CITY OF CHANHASSEN
REVIEW DEADLINE: December 16,2008
CASE #: 06-34 Amend
BY: RG
PROPOSED MOTION: "The Chanhassen Planning Commission recommends approval ofthe
amendment to the Conditional Use Permits to approve the phased development ofthe project
and allow for the incremental expansion or revision of the property line, subject to the conditions
on page 8 of the staff report."
SUMMARY OF REQUEST: The developer is requesting an amendment to the Conditional
Use Permits approved for the project to permit the incremental revision of the project property
line with the development of the project.
LOCATION: 8200 Audubon Road
APPLICANT:
Bruno J. Silikowski
3615 Zircon Lane North
Plymouth, MN 55446
(612) 850-8398
~'
PRESENT ZONING: lOP, Industrial Office Park
2020 LAND USE PLAN: Office/Industrial
ACREAGE: 38.7 acres
DENSITY: F.A.R.O.lO
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has limited discretion in approving or denying conditional use permits, based on
whether or not the proposal meets the conditional use permit standards outlined in the Zoning
Ordinance. If the City finds that all the applicable conditional use permit standards are met, the
permit must be approved. This is a quasi-judicial decision.
PROPOSAL/SUMMARY
The applicant is requesting an amendment to the Conditional Use Permits which were approved
for the project to specifically approve the phased development of the project and allow for the
incremental expansion or revision of the property line. This amendment is in response to the
City amending the zoning code to revoke the Conditional Use Permits if the property line is
revised or changed.
Section 20-237 (a)
Failure to comply with any condition set forth in a conditional use permit shall be a
misdemeanor or a subdivision of the parcel under the Conditional Use Permit that
SCANNED
Location Map
(Subject Property Highlighted in Yellow)
Autobahn Motorplex
Planning Case 2006-34
Planning Commission
Autobahn Motorplex 06-34
November 18, 2008
Page 2 of8
would materially affect the approved CUP, including but not limited to reduction of lot
size, hard surface cover, etc., aHd shall alse constitute sufficient cause for the revocation of
the conditional use permit by the city council following a public hearing. The property
owner shall be notified in advance of the city council's review of the permit.
The site is bounded to the north by General Mills, to the east by Audubon Road and the City's
Public Works facility, to the south by the Twin Cities and Western Railroad and Chanhassen
Business Park and to the west by Bluff Creek and Creekside, a single-family residential subdivision.
The clubhouse will be approximately a quarter mile from the nearest single-family home in
Creekside. The nearest storage building is 520 feet to the western property line plus approximately
200 feet from the property line to the nearest home.
The developer was approved for the construction
of a condominium-style storage facility for
automobile enthusiasts and collectors, which will
included a clubhouse and museum building for
members to meet and showcase automobiles. Site
plan review was performed for a total of 12
buildings consisting of II storage buildings with a
total square footage of approximately 162,000
square feet and the clubhouse and museum
building of approximately 15,000 square feet,
including a small office area above the clubhouse.
The entrance to the facility will be gated and a
fence will be installed around the storage building
facilities. Fencing will consist of aluminum or
steel construction and be wrought iron in
appearance. Maximum fence height is eight feet.
Fencing shall also be installed at the extreme
western edge of the property across the old farm
access at Bluff Creek.
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The proposed hours of general operation of the facility is from 7:00 a.m. to 8:00 p.m. daily,
which includes access to the clubhouse, communal washing facilities and the assisted car
maintenance for owners. The general public will not have access to the site. The owners will
have access to their storage units at any time. Car shows or manufacturers' displays, club
meetings, e.g. Porsche Club, BMW Club, etc., and corporate meetings would occur occasionally,
but be limited to the normal business hours. If these events are limited to the association
members, then a special event permit is not required. However, if these events are open to the
public, then a special event permit will be required. The intention of the facility is to permit
high-end car owners to be able to store, work on and be around other car enthusiasts. The
majority of the cars will be street legal. Due to the hours of operation and the type of proposed
site uses, noise is not anticipated to be an issue.
Planning Commission
Autobahn Motorplex 06-34
November 18, 2008
Page 3 of8
Two building pads are proposed near the entrance to the site off Audubon Road. The City did
not perform site plan review for these sites. Prior to their development, a separate site plan
review process will be required. The uses of the buildings would be as allowed in the rop
zoning district.
The proposed development will be developed as a Common Interest Community, crc, rather
than being subdivided into separate lots and blocks. The storage units will be owned
individually. However, all "members" will own the common land.
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Phase r crc area
rn conjunction with the completion of the first phase of the development, the applicant created a
parcel around the perimeter of the area and established a Common Interest Community, crc, for
the buildings and common area improvements. With each additional phase of development, the
crc is intended to be expanded to incorporate the buildings and common areas for that phase of
the project.
This parcel is partially encumbered by the Bluff Creek Overlay District. Section 20-1255 ofthe
Chanhassen City Code requires a conditional use permit (CUP) for all development within the
Bluff Creek Corridor. Staff has reviewed the mapped primary zone boundary and adjusted the
boundary based on site conditions. The applicant has located the storm water pond adjacent to
and encroaching in the primary zone. The encroachment into the primary zone was approved
with a variance in the original CUP.
The proposed amendment to the Conditional Use Permits is a technical correction due to the
proposed change in City ordinance. The building location and use of the project will not change.
The site infrastructure, access road, sewer, storm water and water improvements are already in
Planning Commission
Autobahn Motorplex 06-34
November 18, 2008
Page 4 of8
place. Staffis recommending approval ofthe amendment to the Conditional Use Permits with the
continuation of the original conditions of approval below and the additional conditions contained in
the staff report.
The conditional use permits were issued for Autobahn MotorPlex, Planning Case #06-34, with
the following conditions:
Conditional Use Permit for Development in the Bluff Creek Corridor:
a. The plans shall be revised to show the correct Bluff Creek Overlay District primary zone
boundary. Additionally, the primary zone boundary shall be terminated at the property
lines for the subject property because the above description of the primary zone boundary
is not an accurate description of the primary zone on adjacent properties. Signage for the
Bluff Creek Overlay District shall be posted at least every 300 feet along the primary
zone boundary.
b. The applicant shall develop a restoration plan for the upland areas within the primary
zone that includes native plants for the Bluff Creek Overlay District. The plant species
shall be selected from the Bluff Creek Management Plan Appendix C. The final plan
shall be reviewed and approved by the City before installation.
c. The property owner shall dedicate a conservation easement and a drainage and utility
easement over the primary zone of the Bluff Creek Overlay District.
d. Chanhassen Type II silt fence shall be provided adjacent to all areas to be preserved as
buffer. The silt fence shall be installed in overlapping "J-hooks" to break up the sections
and provide additional water and sediment retaining capacity.
e. Erosion control blanket shall be installed on all slopes on site steeper than 3: 1. The plans
shall be revised to depict blanket locations and shall provide a detail for blanket
installation. Street cleaning of soil tracked onto public streets shall include daily street
scraping and street sweeping as needed.
Conditional Use Permit for Multiple Buildings on One Lot:
a. Development of the two buildings immediately adjacent to Audubon Road shall require a
separate site plan review.
APPLICABLE REGUATIONS
Chapter 20, Article N, Conditional Use Permits
Section 20-902, Multiple Principal Buildings on the Same Lot
Chapter 20, Article XXXI, Bluff Creek Overlay District
Planning Commission
Autobahn Motorplex 06-34
November 18, 2008
Page 5 of8
BACKGROUND
On December 11, 2006, the Chanhassen City Council approved the following:
A. Rezoning of the western portion of the site from Agricultural Estate District, A2, to Industrial
Office Park, lOP.
B. Conditional Use Permit for development within the Bluff Creek Corridor with a Variance to
locate the storm water pond within the Bluff Creek primary zone.
C. Conditional Use Permit for multiple buildings (up to 14) on one parcel.
D. Site Plan for 12 buildings (one clubhouse/museum building and 11 storage buildings totaling
approximately 177,000 square feet of building area).
CONDITIONAL USE PERMITS
There are two conditional use permits which were approved for the project. The first CUP deals
with development within the Bluff Creek Corridor. The second CUP deals with multiple
primary structures on one parcel or lot.
BLUFF CREEK OVERLAY DISTRICT
The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to
protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through
the use of careful site design and other low-impact practices. This parcel is partially encumbered
by the Bluff Creek Overlay District. Section 20-1255 of the Chanhassen City Code requires a
conditional use permit for all development within the Bluff Creek Corridor.
The Bluff Creek Corridor primary zone is located on the western portion of the property. The
Primary Corridor is designated open space. All structures must meet a 40- foot structural setback
from the Primary Corridor boundary as required by Chanhassen City Code. In addition, no
grading is allowed within the first 20 feet of the Primary Corridor. The development plans
proposed alteration within the primary zone of the Bluff Creek Overlay District and within the
20-foot buffer area adjacent to the primary zone. The grading was for the construction ofthe
storm water pond and to accommodate buildings and drive areas adjacent to the primary zone.
A variance was approved to permit the encroachment into the primary zone.
Bluff Creek is entirely within the City of Chanhassen. It provides a unique blend of habitat,
vegetation and recreational opportunities through the center of the City. In December 1996, the
City of Chanhassen adopted the Bluff Creek Watershed Natural Resources Management Plan
(BCWNRMP). The plan was the culmination of several years of study and planning focused on
protecting the natural and recreational resources provided by the Bluff Creek corridor. The
Planning Commission
Autobahn Motorplex 06-34
November 18, 2008
Page 6 of8
BCWNRMP recommended the establishment of a primary zone (the creek, riparian wetlands,
associated steep slopes, native vegetation) and a secondary zone (other undeveloped portions of
the watershed) as a tool to help protect the creek's natural resources. The primary and secondary
zones were mapped at that time using aerial photography to provide staff and the public with a
general idea of where the zones would lie.
Generally, properties within the Bluff Creek Overlay District are subject to the following
requirements:
1. A conditional use permit (CUP) is required prior to all subdivision, site plans, land
alteration and building within the Bluff Creek Overlay District.
2. Bluffs must be preserved as set forth in Article XXVIII of City Code.
3. Density transfer can be used to cluster development in areas where the location ofthe
primary zone makes portions of the site unsuitable for development.
4. Natural habitat areas within the primary zone must be preserved as open space.
5. The primary zone must be 100 percent open space.
6. All structures must be set back at least 40 feet from the primary zone.
7. The first 20 feet of the setback from the primary zone cannot be disturbed.
Generally, the Bluff Creek primary corridor can be demarcated on the subject property by the
908 contour, excepting the portion of Wetland 1 that is incidental. In addition to the land below
the 908 contour, the primary corridor includes a small upland area located west of the clubhouse.
Due to the significant stand of trees and close proximity to the creek, the primary corridor also
includes the wooded knoll in the southwest comer of the property that is bounded by the 908
contour and the railroad tracks. The City has been granted a conservation easement over the
primary zone area of the parcels. The proposed amendment to the CUP should not impact the
Bluff Creek Corridor. Staff recommends that the primary zone be incorporated within the
common area of the CIC.
MULTIPLE BUILDINGS ON ONE PARCEL
Section 20-902 of the Chanhassen City Code permits the groupings of buildings on a single
parcel through the conditional use permit process.
Development layout and building design intent is for creating a sense of community amongst the
association members. One aspect of accomplishing this is by dividing the building square
Planning Commission
Autobahn Motorplex 06-34
November 18, 2008
Page 7 of8
footage into 14 relatively small buildings that fit in and follow the lot contours as opposed to 2 or
3 large sprawling buildings.
The proposed development will be
developed as a Common Interest
Community, CIC, rather than being
subdivided into separate lots and blocks.
The storage units will be owned
individually. However, all "members"
will own the common land. In
establishing the CIC for the development,
a separate parcel was created around the
first phase of the project. With each
additional phase of development, the CIC
is expanded to encompass the new
buildings and associated common area
(driveways). The second phase of the
development included the clubhouse
building. The third phase will include an
additional garage building. Staff is
recommending that the open space on the
western portion of the property be
incorporated in the crc with the second
and third phases of the development. The continuation and expansion of the CIC, in
conformance with the original intent of the project, would be in violation of the ordinance
amendment for conditional use permits. Therefore, the CUP must be amended to accommodate
the phased expansion of the cre.
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Additionally, the applicant may decide to split off the front two building sites should market
conditions make it advisable for the owner. This could be accomplished either administratively
by creating a separate five-acre parcel of the front two building sites or through the subdivision
process whereby separate building sites could be created as lots. The front building sites do not
currently have site plan approval and any development on these building sites would require site
plan review.
RECOMMENDATION
Staff and the Planning Commission recommends that the Planning Commission City Council
adopt the following motions and adoption of the attached findings of fact and recommendation:
"The Chanhassen Planning Commission recommends that the City Council approves the
amendment to the Conditional Use Permit for development within the Bluff Creek Corridor with
a Variance to locate the storm water pond within the Bluff Creek primary zone to permit the
Planning Commission
Autobahn Motorplex 06-34
November 18, 2008
Page 8 of 8
phased development of the project and allow for the incremental expansion or revision of the
property line, in conformance with the grading plans prepared by Sathre-Bergquist, Inc., dated 10-
19-2006, subject to original conditions of approval and the following condition:
1. The Common Interest Community shall include the land within the Bluff Creek Primary zone
within the common area of the site."
And,
"The Chanhassen Planning Commission recommends that the City Council approves the
amendment to the Conditional Use Permit for multiple buildings (up to 14) on one parcel to
permit the phased development of the project and allow for the incremental expansion or
revision of the property line subject to the original condition of approval and the following
conditions:
1. Should the two building sites along Audubon Road develop with businesses unrelated to the
Autobahn MotorPlex Common Interest Community, then those sites shall be separated from
the balance of the site into separate parcel(s).
2. The development shall comply with the approved site plan for the project, plans prepared by
Sathre-Bergquist, Inc., dated 10-19-2006."
A TT ACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Reduced Copy Site Plan.
4. Public Heming Notice and Mailing List.
g:\plan\2006 planning cases\06-34 autobahn motorplex\staff report autobahn motorplex amend.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Bruno J. Silikowski for an amendment to the Conditional Use Permit for
development within the Bluff Creek Corridor and the Conditional Use Permit for multiple
buildings (up to 14) on one parcel- Planning Case 06-34.
On November 18, 2008, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Bruno J. Silikowski for development approval
to build Autobahn Motorplex. The Planning Commission conducted a public hearing on the
proposed development preceded by published and mailed notice. The Planning Commission
heard testimony from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Industrial Office park, lOP.
2. The property is guided in the Land Use Plan: for Office/Industrial and Parks and Open Space.
3. The legal description ofthe property is: See Exhibit A.
4. Conditional Use Permits:
a. The proposed use will not be detrimental to the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
b. The proposed use will be consistent with the objectives of the city's comprehensive plan
and the zoning ordinance.
c. The proposed use will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
d. The proposed use will not be hazardous or disturbing to existing or planned neighboring
uses.
e. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
1
f. The proposed use will not create excessive requirements for public facilities and services
and will not be detrimental to the economic welfare of the community.
g. The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors,
rodents, or trash.
h. The proposed use will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
1. The proposed use will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
J. The proposed use will be aesthetically compatible with the area.
k. The proposed use will not depreciate surrounding property values.
1. The proposed use will meet standards prescribed for certain uses as provided in the
zoning ordinance with the granting of a variance for the storm water pond within the
Bluff Creek primary zone.
6. The planning report #06-34 dated November 18, 2008, prepared by Robert Generous is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Autobahn
Motorplex development amendment to the Conditional Use Permit for development within the
Bluff Creek Corridor with a Variance to locate the storm water pond within the Bluff Creek
primary zone, and the Conditional Use Permit for multiple buildings (up to 14) on one parcel.
ADOPTED by the Chanhassen Planning Commission this 18th day of November, 2008.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
2
EXHIBIT A
Legal Description
That part ofthe Southeast Quarter of Section 15, Township 116, Range 23, West ofthe
5th Principal Meridian described as follows:
Beginning at the Northeast comer of said Southeast Quarter thence on an assumed
bearing of North 89 degrees 00 minutes 25 seconds West along the North line of said
Southeast Quarter a distance of 2614.22 feet to the Northwest comer of said Southeast
Quarter; thence South 00 degrees 59 minutes 45 seconds East along the west line of said
Southeast Quarter a distance of 1766.11 feet; thence North 56 degrees 57 minutes 24
seconds East a distance of 669.01 feet; thence South 33 degrees 02 minutes 36 seconds
East a distance of39.63 feet; thence Northeasterly along a non-tangential curve concave
to the Northwest having a radius of 1859.86 feet; a chord bearing North 49 degrees 43
minutes 26 seconds East of394.93 feet; thence North 56 degrees 57 minutes 24 seconds
east, not to last described curve a distance of323.97 feet; thence South 35 degrees 03
minutes 24 seconds West a distance of22.98 feet; thence Southwesterly 120.34 feet along
a tangential curve to the right having a radius of 1959.86 feet; thence North 57 degrees 57
minutes 24 seconds East not tangent to the last described curve a distance of 1319.26 feet;
thence North 33 degrees 02 minutes 36 seconds West a distance of 12.50 feet; thence
North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the East line of
said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of72.51
feel along the east line of said Section 15 to the point of beginning, according to the
Government Survey thereof,. Subject to easement for County State Aid Highway 17.
EXCEPT which lies Westerly of Bluff Creek, the centerline of said creek described as
follows:
Commencing at the Northwest comer of the Southeast Quarter of Section 15, Township
116, Range 23 West of the 5th principal Meridian; thence on an assumed bearing of South
89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a
distance of718.45 feet to the point of beginning of the centerline to be described: thence
South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12
degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42
minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 26
seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds
East, a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a
distance of71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance
of 513.32 feet; thence South 01 degrees 27 minutes 58 seconds East, a distance of 148.78
feet; thence South 08 degrees 14 minutes 13 seconds West, a distance of 114.78 seconds;
thence South 30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet; thence
South 30 degrees 12 minutes 30 seconds West, a distance of95.70 feet; thence South 22
degrees 09 minutes 40 seconds East, a distance of29.71 feet; thence South 10 degrees 54
minutes 04 seconds West, a distance of 55.44 feet; thence South 14 degrees 39 minutes
10 seconds East, a distance of 15.14 feet; thence South 22 degrees 30 minutes 14 seconds
West; a distance of33.54 feet; thence South 08 degrees36 minutes 50 seconds West, a
3
distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West, a distance
of 16.30 feet; thence South 3f degrees 58 minutes 55 seconds East, a distance of3.27 feet
to the point on the Northerly line of the Milwaukee, St. Paul and pacific Railroad, said
point a distance of 586.57 feet Northeasterly of the Southwest comer of the above
described property, as measured along said Northerly Railroad line, and said line there
terminating.
That part ofthe Southeast Quarter ofthe Northeast Quarter of Section 15, Township 116
Range 23 West of the 5th Principal Meridian described as:
Beginning in the Southeast comer of said Southeast Quarter of the Northeast Quarter;
thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the
south line of said Southeast Quarter of the Northeast Quarter a distance of 747.57 feet;
thence North 35 degrees 03 minutes 24 seconds East, a distance of 1.50 feet; thence
Northeasterly 1042.48 feet along a tangential curve to the right having a radius of2814.79
feet to the East line of said Sdutheast Quarter of the Northeast Quarter; thence South 00
I
degrees 24 minutes 06 secon1s East along the East line of said Southeast Quarter of the
Northeast Quarter a distance of738.57 feet to the point of beginning, according to
Government Survey thereof. Subject to easement for County State Aid Highway No. 17.
Torrens Certificate No 24463
4
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
Planning Case No.O(o- 3<i
-OLA -tc.) \xA.h (\ fY1o\c,,<\, lt2-(
DEVELOPMENT REVIEW APPLICATION
PLEASE PRINT
A~cant Name and Address:
c.J NOS, Loll<. Ou..JJ..c.(
3& IS :e (rt (ON LtJ )J
cp.L.YAJJ\U-r,"*. MJJ ..5SIfL/ (,..
Contact: ~
Pl1one: "/~ 8S0 133-98 Fax:
Email: /!;b/J.,jft(ou.>5/t:..((3AVToMQ"7Q'LPu:;'J/, r-o~
Owner Name and Address:
SlTV-'6:
.
Contact:
Phone:
Email:
Fax:
NOTE: Consultation with City staff is reQuired prior to submittal, including review of development
plans
Comprehensive Plan Amendment
2:onditional Use Permit (CUP)
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAG)
Interim Use Permit (IUP)
Variance (V AR)
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign - $200
(City to install and remove)
Site Plan Review (SPR)*
X Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPRlVACNARlWAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ VV tli' ved pe r -r<:::,
Subdivision*
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a diaital copy in TIFF-Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multipl applications are processed, th appropriate fee shall be charged for
each application.
PROJECT NAME: r-; UTa f..N::YTDR.P~:><'
LOCATION: Sd..OO Au~Ub-OJ.J ~iD
LEGAL DESCRIPTION AND PID:
TOTAL ACREAGE: "- 4 0
WETLANDS PRESENT:
PRESENT ZONING: 1 0 'p
REQUESTED ZONING: J () rr
>( YES
NO
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST: "YU;:A6-b' b-E"'E:' ATrAc.r-IS"b,
FOR SiTE PLAN REViEW: include number of existing empioyees:
and newempioyees:
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural,reqUirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fe~ owner has also signed this application.
I will keep myself informed of the, deadlines for submission of material and the progress of this application. I further
understand that additional fees 'may be charged for consulting fees, feasibility studies, etc. 'with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the. best of
my knowledge.
IO;/~'- /~8
Date
IO~.> /08'
Date
G:\PlAN\Forms\Development Review Application. DOC
Rev. 1/08
My purpose in writing is to ask you to confirm and legitimize the original CUP
(Conditional use permit) on 12/20/06, which approved the incremental
expansion/or phasing of the Auto Motorplex project, and was agreed upon
between the City and myself. The City's pending "ordinance change" would void
the CUP because of the stipulations that lot lines may not be altered. This has
the potential to dramatically negatively impact the financial viability of my project.
The issue with the pending "city ordinance change" will be that whenever I add
an additional building to the CIC (Common Interest Community) it will effect the
lot lines and my current CUP would be negated. I would have to apply to the
Planning Commission and City Council for another CUP, costing time, money
and the potential that I could be shut down as a business. The original CUP that
was granted was for development within the Bluff Creek corridor and the
construction of up to 14 buildings on one lot.
The concept of phasing the construction of the buildings is what was originally
communicated to Planning and Council, and was approved to in December of
2006. The reason for request is to amend the current CUP in order to continue to
permit the incremental expansion/or phasing of the project. In other words,
adding one or more buildings at a time to the CIC as demand warrants and the
ability to administratively create a minimum 5 acre parcel and/or sub divide the
easterly portion of the property to create two individual lots as permitted by State
and City Statutes; this section of the property is high-lighted in the attached site
map. With the pending "change in City ordinance", this amendment will keep the
original development project plan in place but address the negative impact of the
pending change in ordinance.
I request your approval of this amendment to the CUP.
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CITY OF CHANHASSEN
AFFIDA VIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
November 6, 2008, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for Autobahn Motorplex - Planning Case No. 06-34 to the persons named on
attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner,
and depositing the envelopes addressed to all such owners in the United States mail with postage
fully prepaid thereon; that the names and addresses of such owners were those appearing as such
by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate
records.
Subscribed and sworn to before me
this <O+hday of NO'\le~.r- ,2008.
~~.~
I
KIM T. MEUWISSEN I
Notary Publlc~Minnesota
My Commission Expires Jan 31, 2010
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Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used
as one. This map is a compilation of records, information and data located in various city, county, state
and federal offices and other sources regarding the area shown, and is to be used for reference
purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to
prepare this map are error free, and the City does not represent that the GIS Data can be used for
navigational, tracking or any other purpose requiring exacting measurement of distance or direction or
precision in the depiction of geographic features. If errors or discrepancies are found please contact
952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd.
21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages,
and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any
and all claims brought by User, its employees or agents, or third parties which arise out of the user's
access or use of data provided.
Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used
as one. This map is a compilation of records. information and data located in various city, county, state
and federal offices and other sources regarding the area shown, and is to be used for reference
purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to
prepare this map are error free, and the City does not represent that the GIS Data can be used for
navigational, tracking or any other purpose requiring exacting measurement of distance or direction or
precision in the depiction of geographic features. If errors or discrepancies are found piease contact
952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd.
21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages,
and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any
and all claims brought by User, its employees or agents, or third parties which arise out of the user's
access or use of data provided.
RETAIL TECH LLC
1501 PARK RD
CHANHASSEN , MN 55317 -9520
MARTIN L & LYNNE M MODAFFARI
8151 STONE CREEK DR
CHANHASSEN, MN 55317 -7416
CHRISTOPHER N & PAIGE M GILES
8180 STONE CREEK DR
CHANHASSEN , MN 55317 -7416
RICHARD C & LISA N HART
8249 STONE CREEK DR
CHANHASSEN ,MN 55317 -7414
RANDY & KATE MORONEY
8384 STONE CREEK DR
CHANHASSEN, MN 55317 -7417
TIMOTHY F & LYNN M GOSSFELD
8377 STONE CREEK DR
CHANHASSEN, MN 55317 -7417
MICHAEL S HENRY
8401 STONE CREEK DR
CHANHASSEN, MN 55317 -7422
DAVID W & SHEILA AUGUSTINE
2000 STONE CREEK DR
CHANHASSEN, MN 55317 -7410
MATTHEW WRIGHT &
ANN WRIGHT
8126 STONE CREEK DR
CHANHASSEN, MN 55317 -7416
MICHAEL J & DARLENE M LEONARD
TRUSTEES OF TRUST
8129 STONE CREEK DR
CHANHASSEN, MN 55317 -7416
CHAD E & LINDA SNELSON
8135 STONE CREEK DR
CHANHASSEN , MN 55317 -7416
DANIEL NORMAN PFEIFFER
1950 BLUFF VIEW CT
CHANHASSEN , MN 55317 -7421
GREG D & BETH M MEISEL
8141 STONE CREEK DR
CHANHASSEN, MN 55317 -7416
STEVEN & TISHA HAWKES
8162 STONE CREEK DR
CHANHASSEN, MN 55317 -7416
SCOTT ALAN JESSE &
NICOLE CHRISTINE JESSE
8198 STONE CREEK DR
CHANHASSEN , MN 55317 -7416
JEFFREY W & LYNN S T HEITNER
8161 STONE CREEK DR
CHANHASSEN, MN 55317 -7416
GLEN P & REBECCA A GAUERKE
8181 STONE CREEK DR
CHANHASSEN, MN 55317 -7416
RICHARD M GORRA
8201 STONE CREEK DR
CHANHASSEN, MN 55317 -7414
JON S & LORI A DAY
8229 STONE CREEK DR
CHANHASSEN , MN 55317 -7414
CHRISTOPHER T & BRENDA M BERG
8269 STONE CREEK DR
CHANHASSEN, MN 55317 -7414
DANIEL R & DONNA L HERNANDEZ
8289 STONE CREEK DR
CHANHASSEN, MN 55317 -7414
ALAN M & TERESA Y JOHNSON
8286 STONE CREEK DR
CHANHASSEN, MN 55317 -7414
HAROLD E & BEVARD M SCHRUM
8297 STONE CREEK DR
CHANHASSEN, MN 55317 -7414
DANIEL J & GWEN M MICHAEL
1944 CREEKVIEW CT
CHANHASSEN, MN 55317 -7418
THOMAS P & SANDRA J OPHEIM
8305 STONE CREEK DR
CHANHASSEN, MN 55317 -7417
RANDAL B TOFTELAND &
LAURINA L TOFTELAND
8325 STONE CREEK DR
CHANHASSEN , MN 55317 -7417
ELIZABETH PROVINZINO &
JOSEPH ANGELO PROVINZINO
1947 CREEKVIEW CT
CHANHASSEN, MN 55317 -7418
BRUCE M & KANDREA D JELLE
1927 CREEKVIEW CT
CHANHASSEN, MN 55317 -7418
CLYDE H STEPHENS III
8348 STONE CREEK DR
CHANHASSEN, MN 55317 -7417
GERALD P CORNELL
8345 STONE CREEK DR
CHANHASSEN, MN 55317 -7417
ROBERT W & ROBERTA L LAWSON
2041 RENAISSANCE CT
CHANHASSEN . MN 55317 -9679
SANDRA J HOUCK
8372 STONE CREEK DR
CHANHASSEN, MN 55317 -7417
PETER & LEAH SWARTZBAUGH
8369 STONE CREEK DR
CHANHASSEN. MN 55317 -7417
WELLS FARGO BANK NA
800 STATE HIGHWAY 121 BYPASS
PO BOX 292190
LEWISVILLE . TX 75067 -2190
SOODI PESSIAN
8381 STONE CREEK DR
CHANHASSEN. MN 55317 -7417
LDW PROPERTIES LLC
C/O DA YCO CONCRETE CO
1850 LAKE DR W
CHANHASSEN . MN 55317 -8585
CHAN CONGR JEHOV AHS WITNESSES
C/O BRETT HARDY
2920 FAIRWAY DR
CHASKA. MN 55318 -3416
HARLEY E BERGREN
8104 HIGHWOOD DR #G108
BLOOMINGTON. MN 55438 -1087
HIGHLAND DEVELOPMENT LLC
2060 MAJESTIC WAY
CHANHASSEN . MN 55317 -9352
ALFRED A IVERSEN
PMT CORPORATION
1500 PARK RD
CHANHASSEN . MN 55317 -8200
HERAKLES LLC
8345 COMMERCE DR
CHANHASSEN . MN 55317 -8427
MARK J CARLSON &
ROBERT K WALD
8330 COMMERCE DR
CHANHASSEN. MN 55317 -8426
BUILDING MANAGEMENT GROUP LLC
C/O CONTROL PRODUCTS
1724 LAKE DR W
CHANHASSEN . MN 55317 -8580
THE PILLSBURY COMPANY
C/O GENERAL MILLS TAX DEPT
PO BOX 1113
MINNEAPOLIS. MN 55440 -1113
PALATINE HILL FINANCIAL LLC
6009 SHANE DR
MINNEAPOLIS. MN 55439 -1759
THOMAS M HAYES
2425 GRAYS LANDING RD
WAYZATA. MN 55391 -2300
AUTOBAHN MOTORPLEX LLC
3615 ZIRCON LN N
PLYMOUTH. MN 55446 -2878
JOSEPH M STOEBNER
18803 BEAR PATH TRL
EDEN PRAIRIE. MN 55347 -3460
RICHARD C & ARNETTE M LINDEEN
28005 BOULDER BRIDGE DR
EXCELSIOR. MN 55331 -7961
MMR ENTERPRISES LLC
C/O ROBERT C MAGERS
4812 WOODHILL RD
HOPKINS. MN 55345 -4744
MAC INVESTMENTS-CHANHASSEN LLC
PO BOX 5477
HOPKINS. MN 55343 -5477
RICHARD B BURY
TRUSTEE OF R B BURY TRUST
4175 TRILLIUM LN
MOUND. MN 55364 -7730
LEIGHTONS GARAGE INC
14301 W 62ND ST
EDEN PRAIRIE, MN 55346 -1708
JAMES L & ROBERTA A CRAIG
10008 SOUTH SHORE DR
PLYMOUTH. MN 55441 -5011
JMS HOLDINGS LLC
9675 76TH ST W #2000
EDEN PRAIRIE. MN 55344 -3753
JZ LLC
7506 ERIE AVE
CHANHASSEN . MN 55317 -7903
JEFFREY M STOEBNER
815 WESTON RIDGE PKWY
CHASKA. MN 55318 -1294
FRANK GUSTAFSON
1165 SYMPHONY LN
CHASKA. MN 55318 -4590
ONAPPROACH LLC
3455 PLYMOUTH BLVD #200
PLYMOUTH, MN 55447 -1551
THOMAS A & ANNE F JONES
480 BIGHORN DR
CHANHASSEN . MN 55317 -8801
JEFFREY L WALKER &
CAREY J BECKER
4088 135TH ST W
SAVAGE, MN 55378 -2644
NELSON & GRETCHEN OTTO
2500 SYLVAN RD S
MINNETONKA , MN 55305 -2815
MCGLYNN BAKERIES INC #366
C/O GENERAL MILLS TAX DEPT
PO BOX 1113
MINNEAPOLIS, MN 55440 -1113
PARK AVENUE LOFTS LLC
510 1ST AVE N #500
MINNEAPOLIS, MN 55403 -1623
AUTOBAHN MOTORPLEX LLC
3615 ZIRCON LN N
PLYMOUTH, MN 55446 -2878
EQUITABLE HOLDING CO LLC
ATTN JOSEPH NOVOGRATZ
7667 EQUITABLE DR
EDEN PRAIRIE, MN 55344 -3696
DAVID A STOCKDALE &
JANE K ANDERSON
7210 GALPIN BLVD
EXCELSIOR, MN 55331 -8058
Generous, Bob
To:
Subject:
Laurina Tofteland
RE: Amendment to the CUP Autobahn Motorplex-Case 06-34
Laurina Tofteland:
There is no material change in the project. They still intend to develop the site according to the approved site plan. The
City is in the process of amending its ordinance to void Conditional Use Permits, CUPs, with the change in a property's
lot line. The Common Interest Community (Condominium Association), CIC, which this development consists of,
expands the boundaries of the CIC with the construction of each phase of the project. This would be in violation of the
ordinance. The applicant is, therefore, amending the CUPs to accommodate the incremental expansion of the CIC
boundary with the development of each phase, rather than having to come in and change the CUPs with each new
building. The overall boundaries of the project are not being changed.
The developer is not proposing the expansion into the wetland. The City has received a conservation easement over this
area of the property. Additionally, the City had discovered that a trail system was being used and we told the developer
that the conservation easement prohibited it.
The developer must still comply with the approved site plan. Unfortunately with a phased development, it's not
complete at one time. And with existing market conditions, it is not certain when it will be fully developed.
The memo is dated for the date of the public hearing. As part of the report, staff prepared a recommendation. The
item has a public hearing in front of the Planning Commission and then a hearing by City Council. City Council ultimately
makes a decision on the project.
I hope this answers your questions. If I can be of further assistance, please contact me.
Robert Generous, AICP
From: Laurina Tofteland [mailto:nurset83@mchsi.com]
Sent: Thursday, November 13, 20084:05 PM
To: Generous, Bob
Subject: Amendment to the CUP Autobahn Motorplex-Case 06-34
Dear Mr. Generous,
My name is Laurina Tofteland. I live at 8325 Stone Creek Drive, Chanhassen, in the Creekside addition. The last occasion
that I had to speak with you was when Mr. Silokowski applied for the original admendment to the CUP for his motorplex
project in November of 2006. As you may recall, there was a large neighborhood turnout at that public hearing and now
with this new application, it brings back to light some of our original concerns that I feel were not addressed and taken
seriously in the city's decision to grant approval for this project in the first place.
I have gone on line and reviewed many of the documents from the first hearings and meetings as well as reviewed the
request for the amendment to the CUP application. To my understanding, the public hearing is scheduled for Tuesday,
NovemQer 18, 2008. It appears that there is already a proposed motion written and filed with recommendations for
approval and it is dated November 18, 2008. If the city council has already made a decision and recommends approval,
why the mailing of the notice of public hearing? Is there any point to attending and voicing any concerns or is this merely a
technicality and does not change any of the previous conditions of land use?
1
In Mr. Silokowski's letter attached to his latest application (in which the fee to file was waived) he states that each time he
wants to start a new building in the project, the lot lines are altered so this voids the CUP and he has to file an application
for an amendment to the original CUP each time. He states, "This has the potential to dramatically negatively impact the
financial viability of my project." Also, in the city's findings of fact and recommendation letter, under article k. it states that
the proposed use will not depreciate surrounding propert values. In light of our current economic conditon, I think you
would be hard pressed to say that this project has not contributed and will not contribute in the future, to a decline in our
property values.
One other item I would like to bring to light is that this property has not complied with the land use as designated. There
have been all terrain vehicles, golf carts and dirt bikes on a self created track seen going around and around in the bluff
creek corridor. This creates noise, disrupts the wetland and habitat. We were assured by Mr. Silokowski that the property
owners would be "high end" and not be doing things that were disruptive and loud. He stated that he wanted to be a good
neighbor. These actions are not the actions that would be demonstrated by a good neighbor. The Carver County Sheriff
has been called to this property for complaints of these actions. Again, 200 feet from the last building in phase 2 to the
closest property owner in the Creekside addition is not far enough and this will significantly impact property value and
resale.
Any additional information you can give me to reassure me that these concerns are taken seriously will be greatly
appreciated.
Sincerely,
Laurina T ofteland
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~/ Dft; - 3'i
Generous, Bob
To:
Subject:
Kandy Jelle
RE: AutoBahn MotorPlex
Dear Ms. Jelle:
It should be pointed out that this project has received all its approval to be constructed on December 11, 2006. The
reason this item is being reviewed is that the City is revising its conditional use permit (CUP) ordinance to revoke CUPs
with the changing of lot lines. The developer has proposed a phased development, which will expand the area of the
condominium association, in essence changing the lot line. The amendment to the CUPs will permit this lot line change
as the project develops. Below is the approved project.
The events proposed would primarily be for club members. However, larger events could be held that require issuance
of a separate special event permit. Most vehicles are standard production cars. However, race cars could be stored
here also. The reving of engines would fall under the nuisance ordinance in City Code.
The proposed hours of general operation of the facility is from 7:00 a.m. to 8:00 p.m. daily, which includes access to the
clubhouse, communal washing facilities and the assisted car maintenance for owners. The general public will not have
access to the site. The owners will have access to their storage units at any time. Car shows or manufacturers' displays,
club meetings, e.g. Porsche Club, BMW Club, etc., and corporate meetings would occur occasionally, but be limited to
the normal business hours. If these events are limited to the association members, then a special event permit is not
required. However, if these events are open to the public, then a special event permit will be required. The intention of
the facility is to permit high-end car owners to be able to store, work on and be around other car enthusiasts. The
majority of the cars will be street legal. Due to the hours of operation and the type of proposed site uses, noise is not
anticipated to be an issue.
The wetlands and their associated upland areas will be preserved. The City has received a conservation easement over
the majority of the western portion of the lot.
The City staff report should be completed later today and be available for your review on the City's website. I hope this
can answer most of your questions. If you have additional questions about the operation of the project you may want
to come to the public hearing and question the developer/owner.
Bob Generous
Fr m: Kandy Jelle [mailto:kjelle@mchsi.com]
Sent: Sunday, November 09,20086:13 PM
To: Generous, Bob
Subject: AutoBahn MotorPlex
Mr. Generous,
I have reviewed the online documents for this proposed building site and one question I have does not seem to be
addressed there.
It sounds like just a storage facility in general but also a place for events throughout the year. It also sounds like it is for
upscale vehicles. But, what I would like to know is if it is for race car type vehicles. These vehicles are extremely loud
and people who own these like to rev engines as part of their enthusiasm. I am wondering if events that take place at this
facility will also add a great deal of noise to this area. They don't address what kind of events they will be holding, but the
article from Forbes magazine talks about race car enthusiasts. So, it is of concern as it is not well described.
Are we really talking about using a wetland to build on to store vehicles? Between General Mills and this project, it
appears as if the city is allowing this entire wetland area between Audubon and the railroad tracks to be completely built
up. There is a great deal of wildlife in this area that has already been "moved" out because of additional General Mills
take over of property. This project that is being proposed is now getting awfully close to homes as well.
Thank you for your attention. Pending your answers, I will attend the hearing.
Kandy Jelle
Independent Unfranchise@ Owner
612-382-3563
www.marketamerica.com/futureshock
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