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PC Staff Report 8-18-09 CC DATE: August 24,2009 [l] PC DATE: August 18, 2009 CITY OF CHANHASSEN REVIEW DEADLINE: September 21,2009 CASE #: 09-13 BY: AF, RG, ML, JM PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve the amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report, subject to conditions 1 - 5 on page 8 of the staff report." Or, "The Chanhassen Planning Commission recommends that City Council deny the amendment to the site plan for Auto MotorPlex, Planning Case #09-13, and prohibit the use of decks within the project." SUMMARY OF REQUEST: The developer is requesting a Site Plan Amendment to allow decks - Auto MotorPlex. LOCATION: 8200 Audubon Road Pill: 25-0151210 & 25-0810001 APPLICANT: Bruno Silikowski 3615 Zircon Lane North Plymouth, MN 55446 (612) 850-8398 PRESENT ZONING: Industrial Office Park (lOP) 2020 LAND USE PLAN: ~ Office/Industrial ACREAGE: 38.7 acres DENSITY: F.A.R. 0.10 The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi-judicial decision. PROPOSAL/SUMMARY The developer is requesting an amendment to the site plan to permit the construction of decks off of some of the storage units. 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. Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 2 of8 The clubhouse is 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 is constructing condominium-style storage facilities for automobile enthusiasts and collectors, with 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 11 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. The proposed hours of general operation ofthe 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. 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. However, 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. Two building pads are proposed near the entrance to the site off Audubon Road. However, the City has not performed 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 lOP zoning district. The building design and use have been evolving as the project has progressed. The unit buyers have been adding mezzanine levels, additional windows and doors and a few balconies. These improvements enhance the architectural detailing of the building and increase their value. Now, the developer is requesting the construction of decks off of some of the units. Since these improvements are beyond a mere architectural enhancement to the building and create the opportunity for the storage unit owners to have exterior space, staff requested that the decks be reviewed and approved through the site plan review process. This will permit a vetting of the issues relative to the use of the decks. Staffhas expressed our concern to the developer that the construction of the decks could lead to a use that is not contemplated for the site, specifically, the use ofthese decks as more habitable space for social activity, e.g., grilling and party activities; rather than as a place for automobile enthusiasts to store, maintain and meet and view each other's vehicles. Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 3 of8 The intention of the facility is to permit high-end car owners to be able to store and work on their cars and be around other car enthusiasts. The lOP zoning district permits storage facilities. The question for the Planning Commission and City Council is whether the decks off the storage units are consistent with that use or creating a new use of the storage units. Should the exterior gathering places for social activity be confined to the clubhouse area or should decks be permitted on the individual storage units? The individual storage units are taking on a clubhouse type atmosphere. Unit owners have provided many amenities and conveniences that are more typical of a residential unit, rather than the typical storage unit. The individual units are taking on the characteristics of a home away from home. While staff s original understanding for the development was that the units would be used for the storage and repair of an individual's vehicle(s), the social gathering and socializing aspect would occur in the clubhouse museum building. However with all the individual improvements made to these units and now the potential expansion on the exterior of the units, are we moving away from the use of the units as a storage facility, with a central club facility, more toward a conglomeration of individual habitable units? The building code and the type of construction used on the units permit everything from assembly to residential to manufacturing to occur in these building. The limiting factor on the use ofthe structures is the zoning, lOP. Staff is requesting that the Planning Commission and City Council, through the site plan review process, determine if these proposed decks meet the intent of the use of the site and, therefore, be permitted as an amendment to the approved site plan. APPLICABLE REGUATIONS Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article XXII, "lOP" Industrial Office Park District Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office- Institutional Developments BACKGROUND On December 8, 2008, , the Chanhassen City Council approved 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 phased development of the project and allow for the incremental expansion or revision of the property line. 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. Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 4 of 8 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). GENERAL SITE PLAN/ARCHITECTURE ARCHITECTURAL COMPLIANCE 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 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). n C <; ( 'C' '0 I. \. 0:0;;" {)\~ le:;\'_ (('( c\Zv " , J t-- -_.t.-_~~~"j .. ,~' , ,. ~i " , ,/fb ';0 t"\ " I " I I , I .\ \\ \;\. '. \ \ .1 . \ ': i ..: ".', i , .' I I i ! i I ' , ~..I ,-, /'a~j ! i-- \j A carriage-house look is being created that will have a continuity of architectural theme with a variety of trim detail and colors. Size Portion Placement Building differentiation will be through the use of different- colored accents. Building articulation is accomplished through the use of gable roof projections, cupolas and faux barn doors to simulate a barn and hayloft. Clubhouse/Museum Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 5 of8 Material and Detail Features include roof cupolas, cross-buck style decorative doors and 10ft doors, enhanced door and window trims and gable louvers. The unit buyers have been adding mezzanine levels, additional windows and doors and a few balconies. The balconies are limited to three feet in width and are located, generally, under the existing eves ofthe structures. Balconies are treated in the City Code similar to bay windows, open porches and chimneys. These improvements enhance the architectural detailing of the building and increase their value. Building materials consist of painted, fibrous cement board siding (James Hardie siding) or stucco hardi-plank cement siding. Facrade areas of buildings will have wainscots which consist of stone or brick in natural color tones. The clubhouse provides a gathering space for members. The clubhouse building incorporates multi-paned windows throughout the eastern elevation of the building. The roof pattern is repeated on the storage buildings. Accents are provided through the use of different colored trim. Cupolas are proposed in the middle and at the end of the building. The cupola above the clubhouse will be larger and have windows to provide natural lighting into the building. Weather vanes and lighting rods will be used on top of the cupolas. The roof material is metal standing seam. The developer would now like to add larger decks to the buildings. Since this is beyond a mere architectural enhancement to the facrade, the inclusion of these decks, their location and potential sizes are being reviewed as an amendment to the site plan. The decision is whether to allow five observation decks (identified as "0", ranging from 8'-14'W x 10'-20'L), and 6'W x 10'-16'L decks (identified as "B") on the north side of two future buildings. The location of these decks is shown in the drawing below. Further, the developer would like the opportunity to add a roof structure above these deck areas, similar to the picture to the right, should the unit buyer request it. Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 6 of8 />~':--.\- . :-.>i>::O\ E < 5 \ \, r J--...----' \... r--, . j).l ~____ / ~f ---, // _. ,/ fJ '-, "t ., .....,.,!~)~ ,',./i? ;/ .. ,~; . ./ /' I ;;/.:a _. ! .'~. .~--- ~ ~'/.1 \ , , . ~ ~'f U 1l('~,CO'P: ol..AQlMl'''' \t-*"e"~.ll C /-, / . - I I - , I I . ....\ ,-, ."::-.j ( (---' \j l~"'f~t;t rl"".~. $P- ~lrE P\.M VflJ- ViI rv J'V.\ r."-"~.')I!\G. :>'UtfUoCr, A En...:~!t,:N OC"""'1lOl I't.AW Staff is concerned with the inclusion of the roof structures above the decks since, in the future, these areas could be enclosed as three or four-season porches, creating additional habitable space in these units. While the use of the roofs would add architectural interest and detail, it is quite possible that the unit owners will see that enclosing these structures as the next evolution in the storage building condominium use and design. To avoid this potential, the roof structures should be prohibited. Color The primary building color is either putty-white or light taupe. The stone is Prairie Bluff - Yuma, which has browns and tans and is natural in appearance. Accents will be provided through the use of a range of color including light gray, gray, brown, red, maroon and forest green. The metal roof is forest green. Hei2ht and Roof Desi2n Building height is 30 feet 6 inches at the top of the roof above the clubhouse. The buildings will have gabled roofs, the roof pitches will range from 3/12 pitch to 8/12. The storage buildings shall have a peak height of roof of 27 Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 7 of8 feet 8 inches. Substantial eave and gable overhangs shall be incorporated into each building design with highlighted fascia features. Roof articulation is provided through the use of cupolas. A green standing seam metal roof is proposed throughout the motorplex complex. Mechanical equipment is screened through landscaping and placement on the site. The developer would also like the opportunity to add a roof structure above these deck areas, which was discussed under the material and detail section of the report. Facade Transparencv Due to the building type, 50 percent of the first floor elevation that is viewed by the public includes overhead doors. Other areas shall include landscaping material and architectural detailing and articulation. Unit owners may add additional windows and doors, creating greater fayade transparency. Site Furnishine: Community features include a plaza area in front of the clubhouse and museum. A patio area and deck have been included to the west of the clubhouse. These areas are intended to permit the members to meet and socialize. The clubhouse provides a gathering place for condominium owners. Loadine: areas. refuse area. etc. Refuse will be stored internally until the date of pick-up. Lie:htine:lSie:nae:e Only wall-mounted lighting units are proposed for the development. The lighting must be shielded to prevent off-site glare. A monument sign may be located at the entrance on Audubon Road. The monument sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. Wall signage must comply with City Code requirements for the lOP district. A separate sign permit application is require for all signage. RECOMMENDATION Staff recommends that the Planning Commission adopt one of the following two motions and adoption of the corresponding, attached findings of fact and recommendation: "The Chanhassen Planning Commission recommends that City Council approve the amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report, subject to the following conditions: Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 8 of8 1. The development shall comply with the conditions and requirements of site plan Planning Case #06-34. 2. The decks shall not encroach into or above any easements 3. Deck structures will require a building permit. Required submittal documents include: a. Design (and signature) by a professional, structural engineer. b. Revised civil drawings by the respective design professional. 4. Deck structures shall not be enclosed in glass, screening or walls. Roof structures, beyond the building eves, shall not be expanded above the deck. 5. If decks/exterior balconies are to be constructed, the City will need to review the plans to determine if a fire sprinkler head will be required under the deck/balcony. Or, "The Chanhassen Planning Commission recommends that City Council deny the amendment to the site plan for Auto MotorPlex, Planning Case #09-13, and prohibit the use of decks within the project." ATTACHMENTS 1. Findings of Fact and Recommendation (Approval). 2. Findings of Fact and Recommendation (Denial). 3. Development Review Application. 4. Applicant's Narrative and Pictures. 5. Email from Jerry Mohn to Bob Generous Dated August 6, 2009. 6. lOP District Regulations. 7. Public Hearing Notice and Mailing List. g:\plan\2009 planning cases\09-13 auto motorplex site plan amendment\staff report motorplex.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Bruno Silikowski for Site Plan Review. On August 18,2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Bruno Silikowski for a site plan review for the property located at 8200 Audubon Road. The Planning Commission conducted a public hearing on the proposed site plan which was 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 by the Land Use Plan for office/industrial uses and Parks and Open Space. 3. The legal description of the property is: See Exhibit A 4. Site Plan Review, Section 20-110: a. The proposed development is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b. The proposed development is consistent with the site plan review requirements; c. The proposed development preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; d. The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; 1 e. The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: 1). An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; 2). The amount and location of open space and landscaping; 3). Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4). Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. f. Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 5. The planning report #09-13 dated August 18,2009, prepared by Robert Generous, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that City Council approve the amendment to the site plan for Auto Motorplex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report. ADOPTED by the Chanhassen Planning Commission this 18th day of August, 2009. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 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 degrees36 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 3 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 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 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 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 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Bruno Silikowski for Site Plan Review. On August 18, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Bruno Silikowski for a site plan review for the property located at 8200 Audubon Road. The Planning Commission conducted a public hearing on the proposed site plan which was 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 by the Land Use Plan for office/industrial uses and Parks and Open Space. 3. The legal description of the property is: See Exhibit A 4. Site Plan Review, Section 20-110: a. The proposed development is inconsistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted because it creates a use of the site that is not compatible with storage facilities; b. The proposed development is consistent with the site plan review requirements; c. The proposed development preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; d. The proposed development creates an incompatible relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development through the provision of outside living space in an vehicle storage facility; 1 e. The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: 1). An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; 2). The amount and location of open space and landscaping; 3). Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4). Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. f. Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. FINDING: The proposed decks create an inconsistent and incompatible element within the development. The use of the decks would be incompatible with the storage facility uses. The decks encroach into the open space and landscaping. 6. The installation of decks provides living spaces that are not permitted in the Industrial Office Park District and is incompatible with the use of the property for storage space. 7. The planning report #09-13 dated August 18, 2009, prepared by Robert Generous, et ai, is incorporated herein. RECOMMENDATION The Planning Commission recommends that City Council deny the amendment to the site plan for Auto Motorplex, Planning Case #09-13, and prohibit the installation of decks. ADOPTED by the Chanhassen Planning Commission this 18th day of August, 2009. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 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 degrees36 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 3 586.57 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 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 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 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 Planning Case No. ~ CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317:-, (952) 227-1100 CITY OF CHANHASSEN . RECEIVED DEVELOPMENT REVIEW APPLICATION JUN 2 4 2009 CHANHASSEN PLANNING DEPT PLEASE PRINT Applicant Name and Address: t2>RL)~o 51L.\ K.o~ ~lc:::..-f 3~J 5 c.JR(o,...:) L~ N fJLYMJOU7l-f. W\~ S~L{L(b Contact: ..6~ PtJone: b(J. s.ro 83'1"& Fax: Email: bSll..lK.ov.:>.S.ILI<i.A~.m::~.....cr.OIR..FlE~ CO1\^- Owner Name and Address:' 5~ Contact: Phone: Email: Fax: NOTE: Consultation with City staff is reauired prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) Vacation of Right-of-Way/Easements (VAG) Interim Use Permit (IUP) Variance (VAR) Non-conforming Use Permit Wetland Alteration Permit (WAP) Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review ~ Site Plan Review (SPR)' '%-()U . '{.: Notification Sign €? (City to install and remove) ,If.., J; /'l C'fY \0\ Subdivision* x ~w for Filing Fees/Attorney Cost** $5Q UP/SPRlVACNARlWAP/Metes & Bounds - 450 Minor SUB , TOTAL FEE $ 7 SD qJL a:..~ lDl7 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 digital 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 multiple applications are processed, the appropriate fee shall be charged for SCANNED each application. PROJECTNAME:-^U'TO tN\.a-r~rL&K LOCATION: ~ Au ~u I'-7DN R ~ LEGAL DESCRIPTION AND PID: ~-DI5/~lD -;- c;ts - a~ I 000' TOTAL ACREAGE: ~(o WETLANDS PRESENT: 1>< ,/, YES NO PRESENT ZONING: lOP REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: ,5cG; ,.4- -r7Ae(~ FOR SITE PLAN REVIEW: Include number of existing employees: 6> and new employees: -0 This application must be completed in^full and be typewritten or,dearly 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 fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. G:\PLAN\Forms\Development Review Application. DOC 7/62vl'(y{ . ( Date 7/~/ff( " Date SCANNED Rev. 1/08 The purpose of this document is to request a clarification/small addition to the site plan. To give you a short background... we currently are permitted by the City to install balconies onto our buildings and plan to continue to add them to create architectural features and views of the complex and natural landscape given the large wetland that is part of this property. This request is to clarify the ability to add decks in a few locations (which differ only in size from the balconies which have been permitted; as a point of reference, the City also approved a deck as part of the original site plan) to the buildings within the Auto MotorPlex Campus. As you are likely aware, the Auto MotorPlex Campus has grown quickly with a quality look, feel and presence and we continue to attract an affluent group of people who have been accretive to the City. Our clients tend to be conservative and on the wealthier side. They enjoy the quality and security that has been constructed at the MotorPlex and commensurately have added finishing to their garage so they can enjoy their motorsports passion as well as hanging out with like minded enthusiasts in a pleasant surrounding and natural beauty. Currently, we have 6 balconies (ranging 3'x10' to 3'x16') and 1 observation deck (12'x30) constructed on our buildings, please see the attached pictures for examples. The construction of these balconies and deck has been permitted and approved by the City. They have added accretive architectural features to the buildings and additional functionality that has helped sales. Given the economic times, this is important... it has been a buyer decision factor. All of these structures are guided in our architectural guidelines section of our association bylaws. The bylaws govern the look and finish of these balconies and decks to ensure the quality and integrity of the Auto MotorPlex Campus. The City does continue to allow for the construction of the balconies but wants the input of the Planning Commission to support the decision of allowing 5 observation decks (identified as "0", ranging from 8'-14'W x 10'-20'L), see site plan below, as well as 6'W x 10'-16'L balconies (identified as "8") on the north side of two future buildings. I am requesting that we be permitted to construct the additional observation decks and balconies on remote parts of our buildings providing a scenic view of the property. This is a feature that, in at least two cases, clients have purchased their private garage with the belief that a deck can be constructed, given that a permitted one already existed on the campus. I request your approval of this clarification to the site plan. Please see the pictures below, they show the site plan, balconies and deck already built, two pictures of the view of where the proposed decks would be located and a picture of what the balconies would likely resemble for two future buildings (A & 8 on the site plan). SCANNED Generous, Bob From: Sent: To: Subject: Mohn, Jerry Thursday, August 06, 2009 3:57 PM Generous, Bob Acceptable occupancies at Motorplex Follow Up Flag: Flag Status: Follow up Flagged Given their size~ fire separation distances~ type of construction (V-B~ unprotected wood- frame) and level of fire suppression (fully sprinkled)~ these buildings could (with some changes/increases in ventilation and number of restrooms) house the following occupancies: A-2~ A-3~ A-4 lecture halls~ banquet B radio and TV stations~ E older than 2 1/2 years. F-l and F-2 M R-l~ R-2~ R-3~ 5-1~ 5-2 U walls~ sheds~ etc. Assembly occupancies~ Restaurants~ taverns~ arcades~ dance halls~ halls~ etc. Banks~ professional offices~ beauty shops~ clinics~ post offices~ etc. Educational~ schools to grade 12~ daycares for more than 5 children Factory Mercantile R-4 Residential~ hotels~ motels~ apartments~ single-family~ multi-family. 5torage~ warehouses~ parking garages~ vehicle repair facilities. Utility~ Agricultural buildings~ private garage~ carport~ retaining As you can see~ under the building code these buildings are quite versatile. Jerry Jerritt Mohn Building Official City of Chanhassen 1 ZONING ~ 20-812 (6) The maximum height is as follows: a. For the principal structure, two stories. b. For accessory structures, one story. (7) Minimum setback requirements: a. For front yards, 35 feet. b. For rear yards, 30 feet. c. Fat side yards, 15 feet. d. The minimum setback is 50 feet when it abuts a resIdential district without being separated from the residential district by a street or railroad right-of-way. .. (Ord. No. 80, Art. V, ~ 15(5-15-5), 12-15-86; Ord. No. 94, ~~ 1,6, 7-25-88; Ord. No. 451, ~ 7, 5-29-07) Sec. 20-796. Interim uses. , The following are interim uses in the "01" District: (1) Temporary classroom structures for use by public or private schools needed for temporary use. (Ord. No. 282, ~ 1,6-22,.98) Sees.'.20-797.-;..20-810. Reserved. ARTICLE XXII. "lOP" INDUSTRIAL OFFICE PARK DISTRICT Sec. 20-811. Intent. The intent of the "lOP" District is to provide an area identified fot largescale light industrial and commercial planned development. (Ord. No. 80, Art. V, ~ 16(5-16-1), 12-15-86) Sec. 20-812. Permitted uses. The following uses are permitted in an "lOP" District: (1) Antennas as regulated by article XXX of this chapter. (2) Automotive repair shops. (3) Conference/convention centers. (4) Health services. (5) Indoor health and recreation clubs. (6) Light industrial. (7) Offices. Supp. No.3 CD20:141 ~ 20..;812 CHANHASSEN CITY CODE (8) Off-premises parking lots. (9) Print shops. (10) Recording studios. (11) Utility services. (12) Vocational school. (13) Warehouses. (Ord. No. 80, Art. -v, ~ 16(5-16-2), 12-15-86; Ord. No. 240,.~ 21, 7-25-~5; Ord. No. 259, ~ 27, 11-12-96; Ord. No. 377, ~ 109, 5-24-(4) Sec. 20-813. Perrilltted accessory uses. The following are permitted accessory uses in an "lOP" District: (1) Automotive repair shop. (2) Day care center. (3) Parking lots and ramps. (4) Signs. Retail sales of products stored or manufactured on the site provided no more than 20 percent of the floor space is used for retail sales. (Ord. No. 80, Art. -v, ~ 16(5-16-3), 12-15-86; Ord. No. 93, ~ 1, 7-25-88; Ord. No. 377, ~.110~ 5-24-(4) Sec. 20-814. Conditional uses. The following are conditional uses in an "lOP" District: (1) Contracting yards. (2) Day care centers as part of a multitenarllbliilding. (3) Day care centers as a separate facility. (4) Food processing. (5) Home improvement trades. (6) Hotels and motels. (7) Lumber yards. (8) Motor freight terminals. (9) Outdoor health and recreation clubs. (10) Screened outdoor storage. (11) Research laboratories. (12) Reserved. Supp. No.3 CD20:142 ZONING ~ 20.-815 (13)CoIIllilercial towers as regulated by article XXX of this chapter, '- .' . (14) Electrlcal distribution and Underground electric distribution substations. (Ord,~ No. 80., Art. V, ..~ 16(5-16~); 12-15-86; Ord. No. 97, ~ 1, 10.-24-88; Ord. No. 120., ~ 4(12), 2~12~9Q; Ord. No. 259,~ 28, 11-12-96; Ord. No. 377,j 111, 5-24-0.4; Ord. No. 390., ~ 5, 3-14-0.5) State law refereric~o:tiditional uses, M.S. ~ 462.3595. \ 1 Sec. 20.-815. Lot requiremerits and setbacks. The following minimum requirements shall be observed in an "lQP" District subject to additional requirements,.. exceptions. and m()difications, set. forth in., tbischapter: (1) The minimum lot area lsoneacre. (2) The minimu;n lot.frontage is 150. feet, except that lots frontIDg ~n a cul-de-sac shall have a minimum frontage of 60. feet. (3) The minimum lot depth is 20.0. feet., (4) The maximum lot coverage is 70. percent. (5) Off-street parking shall.compl;y:with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in chapter 20., article XX\!, division 3 pertaining to landscaping requirements. . . ,. . . b. There is. nomiriimUll1 setback when it abuts, without heirig separated bY a street, another off-street parking area. c. The minimwn setbackis5Q feet wh,en it abuts,a:res~dentialdistrictwi~out being separated from the resi4e.ntj.aJ ~s'l;rictby ,a street orraUroad rl,ght-of-:way. d.Theminimumsetback is 25 feet for side street side yards. , . , , e., Parking se.tbacks al()ngpubllc'rights-of-waymay be redrtcedto a miriimum often feet if the applicantcah demonstrate to the s~1;isfl!cti()n of the dty th.~t lQQ-percent screening is provided at leastfivefeet abOv~ the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high ,qu~ty aesthetically. Acceptable screening is to be comprised of berming and landscap- ing. Screening through the use of fencing is not permitted. (6) The maximum height is as follows: a. For the principal structure, four stories/50. feet. b. For accessory structures, one story. (7) Minimum setback requirements: a. For front yards, 30. feet. b. For rear yards, ten feet. c. For side yards, ten feet. Supp. No.3 CD20.:143 ~20-815 CHANHASSEN CITY CODE d. The minimUDl setback is 50 feet when it abuts a residential mstrictwithout being separated fro'm the. residential district bY,a street o'r. rawo'ad right,-pf-way. e. Buffer yards:' The city comprehensive planestabIlshes' a.. requirement fo'r buffer yards. Buffer yards are to bE: estal>lished in are,asindica:ted on the plan ~here higher intensity uses interface with Io'W density uses. In these areas, a 50-fo'o't buffer yard is to be pro'vided where the interface o'ccurs alo'ng.a public street, a 100-fo'o't buffer yard is required where the interface o'ccurs o'n internallo't lines. The buffer yard is ariadditional setbackrequiremeni.<It IS to be 'ctiIiiulatively calculated with the required setbacks outlined above. The full oblj,gation to provide the buffer yard shall be placed o'n the parcel co'ntaining the higher interu>ity use. The buffer yard is intended to' pro'vide additio'nal physical separation and screening for the higher intensity use. As such, they .will'be required to be pro'vided with a combination o'f berming, landscaping and/or tree preservation. to. maximize the buffering potential. To the extent deemed feasible by the city, new plantin~s shall be designed to require the minimuni of maintenance, however, such maintenance as may be required to maintain co'nsistencywith the approved plan, shall be the obligation of the property owner. Buffer yards, sl1all be covered by a permanently. recordeg<:o'IlServation easement ninnini in t~v~r o'f the city. . . In instances whereeXistirlg topography aiid/of-vegetation provide . buffering satisfac- '. tory to the City, or where quality site plaiming i~' achieved, the cit)r may-reduce buffer yard requirements by up to 50 percent. The applicant shall have, the full burden of , , demonstrating co'mpliaJ;lce witl1 the standards, herein. (6rd~ No'. 8(),A11;,~~ i6(5-i6~5), i2.:i5-86;Qrd.N~'.'94~~~ 1, 7,7~25-88; Ord.No. 136, ~~ lA, .-: :"- " '- ~.:. '_'~ '. '.'; - - ,-' ;": -';" _' ': ). '. '. '. i--: 1~~ 1-28-91; Ord. No.4fj1,,~~, f)~~9.~07) S~:~~, '20-816~ Interbnuses. The following are interim uses in the "lOP" District: (1) Churches. (2) Concrete mixing plants. (Ord. No. 120, ~ 3, 2-12-90) Secs. 20-817-20-900. Reserved. Supp. No.3 CD20:144 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 August 6, 2009, 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 the Autobahn Motorplex Site Plan Amendment - Planning Case 09-13 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 aud S1rjto before me this &11'\ day of 1.1..5+ ,2009. KIM T. 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