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CC Staff Report 8-24-09 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 3 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner 'f..~' '} August 24, 2009 ~. , DATE: SUBJ: Site Plan Amendment for Auto MotorPlex - Planning Case #09-13 PROPOSED MOTION "The Chanhassen City Council approves 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 - 4 on page 8 of the revised staff report and adoption of the attached findings of fact." City Council approval requires a majority vote of City Council present. EXECUTIVE 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 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. Staff wanted to assure that there was full disclosure regarding the evolution of the project. PLANNING COMMISSION SUMMARY The Planning Commission held a Public Hearing on August 18,2009, to review the proposed amendment. The Planning Commission voted four for and two against a motion recommending approval of the amendment to the site plan. The two no votes were due to the elimination of the condition prohibiting the enclosiI).g of the deck structures. Otherwise, the Planning Commission was very supportive of the project. Planning Commission minutes for August 18,2009, are attached. RECOMMENDA TION The Planning Commission recommends adoption of the modified motion as specified on page 8 in the staff report dated August 18, 2009 approving the amendment to the site plan permitting decks. ATTACHMENTS 1. Revised Planning Commission Staff Report Dated August 18,2009. 2. Planning Commission Minutes for August 18, 2009. g:\plan\2009 planning cases\09-13 auto motorplex site plan amendment\executive summary. doc Chanhassen is a Community for life - Providing for Today and Planning for Tomorrow CC DATE: August 24, 2009 w 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 - ~ 4 on page 8 of the staff report." Gr,- "The Chanhassen Planning Comrn.ission reeommends that City COlHleil deflY the amoodfl'l.ent to the site plan f-or Auto MotorPlex, Planning Case #09 13, and prohibit the use of decks ',T/ithin the projeet." 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.O.lO 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 of these 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 staffs 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 of8 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). (I f ;.. ~ !Y r " ~ ! c'O\:- I cp-t::.tY: f i I .' J f--- ~_,(-'_~~~JI / . /Cf- 17' .' -:;0 / / " ! i , . y I . _,,1 ,--, I":a~j 1(-- \j \ , - , ___...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 loft 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 of the 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. Fayade 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 fayade, 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 "D", 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 ,,:, "\. e ---'5. i,\"q~ < \ \ ~ r--i:--/q, )j ~_____ / rf --, /1 . " 'I -...... J rt ., .........../~\' .",/~ A ~ --, ) .-"/ I <,'tt;---! '_- ' ?~' . . . :;.0.. ~ l:l.V6~: ~JM(wII"'\'*".."IIC -yo ." I . , I r . . I I . ._1 1-, ,-<-.j ( (-'-' \) ~ . ~- SP- ~JTf P\.AA un)- Uttr.'t' fIV.., r.f'\_".IU.")I~ o.'UIf.ut..GF., A eA.C.l;I,~N ~t.";JlOl ru... 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. Height and Roof Design 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 of 8 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 fa~ade transparency. Site Furnishing 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. Loading areas, refuse area, etc. Refuse will be stored internally until the date of pick-up. Lighting/Signage 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. RECOMMENDA TION Staff recommends that The Planning Commission recommends adoption ooe of the following twe motions and adoption of the corresponding attached findings of fact and recommendation: "The Chanhassen Planning Commission recommends that City Council approves 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 of 8 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. 1. Deck structures shall not be enclosed in glass, screening or walls. Roof structures, beyond the buildiflg eyes, shall not be expanded above the deck. 4. 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. Gf, "The Chanhassen Planning Commission recommends that City Council deny the amendmeflt to the site plan for Auto MotorPlex, Plaflfling Case #09 13, and prohibit the use of decks '.vithin 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. rop 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 EXIllBIT A LegalOescription 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 ona 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. RECOMMENDA TION 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 corner 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 corner 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 secondsW est 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 corner 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 aiANHASSEN PLANNlNG DEPT PLEASE PRINT Applicant Name and Address: GR"-'~o b/L \ K.O~!S I<:::'-f .:3~ J ~ C JR(c>~ L..f-J N ~L YJ\,JJt>u-rH. W\}...) S-~'-f L( k::, Contact: .6~ Pl1one: brJ. SS0 B-3'1&, Fax: Email: bSlL_lI<ou..=>S..ILI<i.ALrro.."..o.OR.PlE~ CO1'-^- Owner Name and Address:' ~~ Contact: Phone: Email: Fax: NOTE: Consultation with City staff is required 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 (V AR) Non-conforming Use Permit Wetland Alteration Permit (WAP) Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits '{. Notification Sign ~ cf-' \0 \/l (City to install and remove) X ~w for Filing Fees/Attorney Cost** $5Q UP/SPRlVACNARlWAP/Metes & Bounds - 450 Minor SUB , TOTALFEE$ 7~D qJL a..~lDl7 Sign Plan Review ~ SnePlan Review (SPRt 1f:;()U < 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 ofthe 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 NNED h I. . seA eac app Icatlon. PROJECT NAME: Au 70 It\A. <Y(qR...'P LGk LOCATION: ~~ Au ~u ~N R "b LEGAL DESCRIPTION AND PID: ~-DI5/;}"lD -;-. dS - a~ I COO I TOTAL ACREAGE: ~t(o WETLANDS PRESENT: x /. YES NO PRESENT ZONING: lOP REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: Set:: A- -r7Aet~ FOR SITE PLAN REVIEVV: Include number of existing employees: ~ and new employees: 0 This application must be completed in'full and b~ 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 j&V{CJ1 . ( Date 7/~ Iff( . ." 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 "D", 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 "B") 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 & B 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. Storage, 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. Fotside 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 raiIroadright-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 for large 'scale 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, 5-24-04) Sec. 20-813. Perrilitted 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; 5-24-04) 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 multitenanlbuilding. (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) .ComIb.ercial towers llsregulated by article XXX of this chllpter. (14) Electrlcal distribution llnd lindergro1.i.rid electricdistributiOIl substations. (Ord: No. 80, Art. V, .,~ 16(5-16-4); 12-15-86; Ord. No. 97, ~ 1, 10-24-88; Ord. No. 120, ~ 4(12), 2-12:"90; Ord. No. 259, ~ 28, 11~12-96; Ord. No. 377, ~ 111, 5~24-04; Ord. No. 390, ~ 5, 3-14-05) State law refereric~oIlditional'uses, M.S. ~-462.3595. Sec. 20-815. Lot requirements and setbacks. . . , . . The followIng minimum requirements shall be observed in an "lOP" District subject to additional requirements, exceptions. and m()difications. set. forth in, this chapter: (1) Themm.mlUm lot area Is one acre. ~ "0 .. (2) The minimUm lot'frontage is 150 feet, except that lots fronting on a cul-de-sac shall have a~um n-ontage of 60 feet. ") f (3) (4) (5) The minimum lot depth is 200 feet.. The maximum lot coverage is 70 percent. , - . Off~street parking shall.comply~ith district $etback 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 no iriiriimum setback when it abuts, without hemg separa~dbYa street, another off-street parking area. ...., , c. The minimum setbackis5p feet when itabuts.a :re~~dentialdistrictwithout being separated f):om therel'1~4entia.J qistrictby ,8 street orraUroad right-of-~ay. d.Theminimumsetback is 25 feet for side street sideyai-ds. e. Parking se~backs alongpuI5llcrights-of-waymayberedtlcedto a minimum often feet if the applicant. can demonstrate to the sa1;isfil,ction of' the . dty th.~t 100-percent screening is provided at least five feet llbov~theadjacent parkinglot~ The futent 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 highqua.Jity 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 minimum setback is 50 feet when it abuts a residential district without being separated from the. residential district by a street or:r~oad right,-pf-way. . .. . -, ,'. '. '. e.' Buffer yards:' The city comprehensive plan establlshe,S a. requirement for buffer yards. Buffer yards are to b~ established in areas, indicated on the ,.plan -yvhere higher intensity uses interface with low density uses. In these areas, a 50-foot buffer yard is to be provided where the interface occurs along ,a public street, a 100-foot buffer yard is required where the interface occurs on internal lot lines. The bUffer yard is anadditi6nal setback 'requireniehtOUlsto be 'cUriiulatively calculated with the required setbacks outlined above. The fillI obIjgation to provide the buffer yard shall be placed on the parcel containing the higher intens.ity use. ) The buffer yard is intended to provide additional physical separati6nand screening for the higher intensity use. As such, theywi1lbe required to be, provided with a combination of berming, landscaping and/or tree preservation, to maximize the buffering potential. Th the extent deemed feasi~le by the city, new plantings shall be designed to require the niinimufuofrilaintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Bllffe.r ;var~. s.hall be covered by a permanently recordec:lco(lSel"Vation e~sement rrimling in favor of the city. In:installceswhereenstirigt()pography and/or\tegetatiOIl provide buffering satisfac- " tbry to the city, or where quality site plaIuiing if:i'acmeved,thetitY may reduce buffer yard requirements by up to 50 percent. The applicantshall.have the full burden of ,'" '.' . .,d.e. m,'.",onstratin". g. .,c, R. m, P, ,Ii,an, :,',' ce, wi~, the stan""dar, ,,~h,.e, re. in. " ,', (Ord~ No. 80,M. v,~, 16{9-16-5), 12-i'5-86;Ord.No: 94, '~~ 1, 7,7-25-88; Ord. No. 136, ~~ lA, ..:!.:..-" - . ,',.~:"'\'~,-'.,:~_:.,:.:-.:...'-~j... '-<"-.>,-'. . -,.......- . 1B, 1-28-91; Ord. No. 451" ~ 8~ 5~29-07) . :!'';:.' _: '; , . ", " . ',' ,.' ": ~ . '" : ." :..' '.'"'_: :, : S~:~~'20-816~ Interim uses. The following are interim uses iIi the""IOP" 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 and SJrBIO before me this &-;111 day of LL'S+ ,2009. KIM T. MEUWISSEN J M~~::~~;c.-M;nnesota XPlres Jan 31, 2010 0) c: ~ a> :25 0)5 c:.- .- 0 I.. 0 CO.- a> E :J:E .2 0 :aO ::::JO) O-c: .... 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AMENDMENT TO SITE PLAN PERMIT 2006-23. APPLICANT: BRUNO SILIKOWSKI. PLANNING CASE 09-13. Generous: Thank you Mr. Chairman, commissioners. This is an amendment to an approved site plan located at 8200 Audubon Road. The amendment is to permit the inclusion of decks on the exterior of these storage facilities. It's planning case #09-13. Audubon, or Auto Motorplex, they've changed their name since the original came through, is a condominium style development where individuals buy units and belong to this association. As part of the development they have a club house, museum building located on the, in the central portion of the site but on the east side of there's a large open space on this property. 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. That was part of the original promotion of this site. At that time they were talking about having the club house and the museum where the members would meet and they were having to also talking about events where they'd have the cars come in and little shows on the site and this development has been evolving from the original approved site plan and right now the developer, or the owner is requesting that we amend the site plan to allow them to put two types of decks on this site. The D decks are the larger decks. They can be anywhere from 8 to 14 feet projecting out from the building and they would be on the side of the building so they could be just that one unit or someone could buy two units and they could go along the whole end. That would be located on the west side of one existing building and on the north sides of four buildings, two of which are there and two of which would come in the future. On the west side of the property these are unbuilt buildings. They would have smaller 6 foot wide decks. Part of that expansion there would also the developer would like the option to allow them to have roofs. The questions we have for the Planning Commission, ultimately City Council, is this expansion or extension of the use consistent with what was approved for the development and the use of it as a storage facility. Now when you come into the site, this is looking down, you can see the background. There's the Stone Creek development across the open space. This is approximately a quarter mile away from the club house building. I should say on that first one, on the north side of the building that would be one of the areas for one of the decks to be located. And additionally along that whole edge. Yeah, there's a door already there and I think they have a nailing strip on. But we held them up from going forward for Planning Commission and City Council review and approval of that as being consistent or not. Again as you're looking down this site is lower than the easterly portion of this site. Those are the two additional buildings locations that will develop in the future and they're on, building that one building on the left side. You can just see the middle of it. There's a small area where they put some balconies. Now we've made the distinction a balcony is treated more as an architectural feature. It adds interest to the site. It allows them to step out of their unit and look down at the cars below or the activity, but it doesn't provide a real space for them to sit down and have a social gathering. Also they're adding windows which have improved the looks of the building that they're still maintaining. The individual units are for storage so they can work and store their vehicles. Over time they've added mezzanine levels and little office ~nd meeting areas and they're becoming more a social gathering spot for the owners. Now it was sort of implied originally but we always thought that the gathering spot would be at the club and not in the individual unit. However if you ever had a garage you invite your friends in. You look at your car and so that's what we thought would happen. These are becoming high amenity spots and so again we want to bring it 1 Chanhassen Planning Commission - August 18,2009 back to the Planning Commission and City Council to see ifthat's appropriate in this location. So, and then we'll just continue the tour of the facility. Here's another view on the other side of that opening. These are little unfinished balcony areas. They have some wrought iron rails that go around it and we think they improve the look of this site. Then you can see how the building architecture has been improved through the use of those fenestration and that and then you go onto the next one. Now this is one ofthe first buildings that were built and you can see there's not a whole lot of detail on it. It's consistent with the approved site plan but you only have one little window on the end of the unit and so they've been, like I said, it's been evolving with architectural detail and what the condominium buyers want in their units. So if we go onto the next one. Now this is part of their common area. It's the club house/museum buildings. There's a little deck, bridge way that provides an entranceway into this common gathering spot and then out in front they also have the green space. On the next one you can see they've really done a good job with the architecture on this building. One of the concerns that they add a lot of the glass for the building to give it a nice presentation and this is again the club house building. The next one. Now that's the back side of it. Again they put in that balcony area where they can come out and look down on the group but it's not really a place where you can put chairs and tables, but underneath there's a big concrete area and they have tables and chairs and a grill out there for their members to use. And if you go, that's the end of the unit and the club house building. I think that's actually part of the unit for Bruno, the owner of the development and again he has a little balcony on the end of it but to overlook the activity that's going on but not to create the habitable spaces. If you can go onto the next one. Now this is the end of the most westerly building that's out there and they want to put a deck on that and they actually came in for the permit for that deck and that's, this is where we caught it and said stop. We need to go back through the process and see if this is going to be appropriate. Laufenburger: So Bob just to clarify. The balconies, the smaller units, the smaller out croppings that you call balconies, some of those are already in place. Generous: Correct. Aanenson: Right. That's a good point and I guess the original treatment of those were architectural details as opposed to functioning as a gathering place and that's where we just want some clarity on that. Laufenburger: Okay. Generous: Yeah, most of they are limited to 3 feet in width so you don't really get a lot of space that you can use. Our code actually addresses it as an architectural feature similar to bay windows. Laufenburger: Okay. Doll: And these are on the mid level where the header board is underneath that sliding door, is that? 2 Chanhassen Planning Commission - August 18,2009 Generous: Yes. And then this is just a court yard area of the club house and again this is what we always thought would be the primary meeting spot. Laufenburger: Okay. Generous: And then here's an example what's in the report of the idea that he would like to be able to put that roof over the 6 foot deck areas that they're proposing on the B decks, which would be on the western side of the property. While it does add some architectural interest, our concern is that once it's there then the next step is to enclose it and is that also consistent with that. With the evolution of this use as a storage site for the car enthusiast. So I did do an analysis of the distances from the, this development to the closest house to the west. The most westerly building in the future would be about 675 feet from the nearest home. As I said earlier the existing buildings out there are almost a quarter mile away. It's 1,510 feet and 1,550 feet to the club house so there is quite a bit of separation between this and the residential development across the Bluff Creek corridor. So with that we have provided two alternatives. One is to approve the site plan amendment to allow them to use the decks. We did have a condition that they could not put the roof in there but if you believe that was appropriate you could always delete that condition. Or if you don't believe that this is a natural evolution of the, from the storage site, then you can deny the use of decks on the property. With that I'd be happy to answer any questions. Laufenburger: Alright, thank you Bob. Let's see if we have any questions for staff before we ask for the applicant. Mark, do you have any questions? Undestad: Yeah, just one Bob. On the deck structures, the enclosed, I see in one of your conditions that we approve it here, no glass, screen, walls, that kind of stuff. Could you put in there just you know no enclosure? In other words can't enclose it period but the roof structures if, you know to keep the rain and stuff off. Generous: Well that would be an option, yes. Undestad: Alright. I don't have any other questions. Laufenburger: Thank you Mark. Kevin. Do you have questions? Dillon: So like in terms of the would the decks be consistently applied across the building? I mean would they be evenly spaced and would, or would they be kind of a hodge podge of decks? Generous: I wish Bruno was here. Aanenson: He's here. Generous: Well it's more up to the individual tenant whether they would build it or not. It adds cost to the unit so. Undestad: But they're limited to the those locations. 3 Chanhassen Planning Commission - August 18,2009 Generous: To those locations. Aanenson: Yeah, these are the ones that we've outlined so depending on the individual buyer, and they could change over time. One buyer could change it out and somebody else have a different. Laufenburger: Maybe we'll reserve that question for the applicant. Is that okay Kevin? Dillon: You bet. So then what, you mentioned Bob that you're concerned about they becoming enclosed but what's, I mean what's the down side to the City and the people that are at the closest 675, what's the down side to all of this? I'm not sure if that's coming through why there's a concern. Aanenson: Well I think the issue that the staff had is, when this was presented it was storage units for cars. Now they've become a lot more than that. And I'm not saying that's good or bad. You know it's been very successful and that's great, but I don't want, and you know they're policing it and I think the applicant will talk to that themselves, how the association polices what's going on in there. We just don't want to be 3 years down the road and someone say well how did all of this get on there? You know we thought we were doing architectural enhancements and now it's kind of moved to the next level and we just want to make sure everybody's comfortable with the direction it's going because you know to his credit, it's gone very successfully but we want to make sure that everybody's comfortable with how it's being used and what's going on out there. Dillon: Okay. And how about a house that you know was built but they didn't put the deck on it at the beginning and they, would that be treated differently than this? Aanenson: Well this is the only storage unit that I'm aware of that has balconies off them. That's the question. Are you comfortable with that? And if you are, then great. But I just want to make sure everybody's comfortable that we don't have any storage units I'm aware of in the metro area like this and that's to the applicant's credit. It's different and we want to make sure everybody's comfortable with that but we don't normally have storage units with balconies and the stuff that's inside those right now. It's just very different. We want to make sure everybody understands how it's being used and is comfortable with that. That's really the goal. Dillon: Okay, those are all the questions I had for now. Laufenburger: Alright. Dan, how about you? Keefe: Yeah you know, and I'm not quite sure what the concern is. I think you know, on one hand I think it is expansion of sort of the permitted space if it were enclosed I think would be you know potentially an issue. I think if we have something that was sort of an expansion of this and went sort of further beyond the boundaries of which were originally set as an enclosed space, I think I'd have a problem with that. Having said that, having a balcony which would be on the 4 Chanhassen Planning Commission - August 18,2009 second story I presume or a deck which I presume or at grade level. Is that where we're talking about the balconies are elevated and the decks. Generous: The decks would be at the second. Keefe: Okay so, okay the deck is like a second floor, it's just larger? I'm not sure. Generous: Well yes. They'd be expanding usually, in some of these units they have a mezzanine level and this would provide an outdoor space for that level. Keefe: Right. Okay. Yeah, I guess I kind of look at these as condominiums that you just happen to store cars in, okay. That's kind of the way I think of them and so if I think of it as just having an extra outdoor space out there that you want to go out and I don't know, have a Coke or beer or whatever, I guess I don't have that big of a problem with it. To the extent that you enclose it, then I think you're really expanding the footprint of the building which I'm not sure that was the intention. I'm just kind of talking out loud a little bit here. Laufenburger: Okay refocus you. Do you have any questions for what the staff has prepared in terms of the report? Keefe: The use of the decks and the balconies, do we know what they're going to be used for? Anything? Just social purposes? Aanenson: I believe so. Generous: Enjoy the views and. Keefe: Yeah. I presume that the houses across the pond have decks and balconies on them to enjoy the pond amenities. The club house gets used? I presume. They still have gatherings there. I mean. Generous: Yes. They even have a grill there and some tables outside. Keefe: And the operating hours associated with, are applicable to what? Aanenson: Herein lies the, now this is where staff was going with this because I think the neighborhood felt comfortable with the storage units. Keefe: Yes. Aanenson: Okay. And we understand there's a club house, okay but now we're crossing over into that, and we haven't received any calls on this so you know it's all about being good neighbors, as with anything, but when you talk about how, your expectation of how the use is being done, and really that's what this is about. It's just trying to get disclosure on how it's being used and not, you know make sure everybody's comfortable with that because I don't think, we didn't envision, I'm not sure the applicant envisioned patios coming off the mezzanine 5 Chanhassen Planning Commission - August 18, 2009 when this came through, you know. Yeah, so we just want to go back and revisit. Let everybody know where it's going so someone could say we never knew. Well we're making that public now. This is an opportunity to make it public and they had a chance to comment. If you approve it. Keefe: So but they're operating hours on this facility aren't there? I thought it was. Aanenson: Well somebody could be there all night. Yeah. Generous: For the facility it's 7:00 to 8:00 but an individual tenant user could be there 24 hours. Keefe: Okay. Generous: The building code provides all the fire safety control that you could need for that. Keefe: Right. I'm a little confused on the operating hours. Does that limit what can go on in the museum portion? Generous: Yes, more of that. The common space. Keefe: Yeah. Generous: Any events that they would have. Keefe: Right, okay. Generous: Would be limited to those hours. Keefe: Okay. Generous: But the individual, or you know the club's meeting, things like that. Keefe: So there's potential. So maybe this is one of the issues is there's potential if you have a balcony or a deck, you could have a party at the museum and have a big gathering at the museum and it kind of shut down in a certain time frame because of the operating hours of the overall facility, presumably? But somebody individual now, if they've got a very large deck and because they own that unit could go all the time or is that? Aanenson: Right. Keefe: Okay. Aanenson: Again that's part of the self policing that I think you should talk to the applicant how they would manage that, yeah. Keefe: That's all I have. 6 Chanhassen Planning Commission - August 18,2009 Laufenburger: Kathleen, any questions for staff? Thomas: Yeah, you touched on it a little bit. I mean I know when this first came through, I remember the first time we had people here from the housing development and there was a lot of discussion back and forth about this being built originally, so no one has, I mean I didn't see anything in the packet as like anybody sent an email or anything. No one said anything about what could possibly be going on over there? Generous: The only question I remember was are they expanding into the wetland and we said no. They just want to include these decks, and oh, okay. Thomas: Okay. So, well that was just kind of my question because I was kind of trying to gauge how, you know if they just feel like they lost and so they're not going to push it or question or what so. Okay. Laufenburger: Okay. Tom, any questions of staff? Doll: I was along that same vein as to, do the neighbors care or is it a concern for the neighbors as far as noise. Future noise. Possible noise but it doesn't sound like there is so. Dillon: They don't seem too spun up about it. Doll: No. Thomas: Not this time, no. Laufenburger: So I just, my only question, if I may is, you're classifying this as an amendment to the site plan so this is, it's not a variance. Aanenson: No. Laufenburger: It's just, you're recommending, or you're offering up the possibility that how the site plan is defined but for it's use and what can and cannot be built on that site, that's what you're essentially presenting. Aanenson: Yeah, and I think part of it too is that out of the first hearing there was a certain expectation, and it's evolved, and I'm not saying it's bad. It's just evolved and I want to give everybody an opportunity to understand that evolution and that they're comfortable with it before we go ahead, so. Laufenburger: Okay. I think it's important that we recognize that whereas we can make decisions about what is built on the site, we are not in a position to make a decision on what can or cannot be done on the site. If they, for example if they wanted to have, if somebody wanted to have a party in their condominium, consume alcohol, anything like that. 7 Chanhassen Planning Commission - August 18,2009 Aanenson: Correct. That's correct. Laufenburger: That we have no control over that. The only thing that we can influence is, what we allow to be built on the site. Aanenson: That's correct. Generous: Correct, unless they under the zoning they try doing different businesses. The retail prohibition. Laufenburger: Okay. No further questions for staff. Let's see if there's an applicant that would be. Undestad: Denny? Laufenburger: Tom, go ahead. Doll: You were saying that it was, we can approve or not, or disapprove of a deck structure or add a roof or you know, how do we word that you know or take a vote on something like that because you know, to me this is Minnesota and I you know, screens are nice to have on a deck. I mean a roof is nice to have on a deck. I mean why would you limit it to just a deck and not? Aanenson: That's your choice. You can certainly. Doll: But how do we as the Planning Commission come upon wording that would, we could vote on? Laufenburger: Procedurally. Dillon: In addition to that, how big should the deck, the square footage of the deck. Is that stated in the thing too? Aanenson: Yes. Generous: Yeah, the projection out and then it varies by how much of a unit a person. They could buy the whole building and put one along that entire side. Usually it's the other fenestration they provide that limits the size of... They don't want to cover up their windows. Laufenburger: Tom, I think to answer your question. Procedurally there will be a time where I will entertain a motion. At that time that motion can be worded as however the commissioner would like to word that motion. You have a couple options here but as we've heard from the staff we could change that and we have done that in the past so procedurally we as a commission likely will evolve to that but what we think is the appropriate motion. Doll: Okay. 8 Chanhassen Planning Commission - August 18, 2009 Laufenburger: Okay, we do have an applicant present. If so, would you step to the podium and state your name and address please. Bruno Silikowski: I don't think I'm going to be able to plug this in so I'm just going to have to use your presentation. Bruno Silikowski. My address is 3615 Zircon Lane, Plymouth. Laufenburger: And are you the owner or the manager? Bruno Silikowski: Owner and developer, yeah. I hate to disappoint you guys but we're a bunch of 40-50 year olds that go home at dinner time and don't stay out all night and play. I think what you're going to find when I go through a few points here is, this is a you know has turned out to be a way higher end than I anticipated. The use is consistent with exactly what I had presented early on. It's just that the types of people who have been joining us tend to be a little more affluent and want the niceties and even though they may not use the deck or the balcony, they just want to have it. And if they use it 5 minutes out of a month, that may be enough. Maybe use it 2 hours out of a month, I don't know, but we've yet to have an issue where we had any complaints from neighbors. In fact we've been having neighbors coming over during our events and complimenting us on how things have turned out from the standpoint of architecture. Standpoint of being a friendly neighbor. And in fact even Jim Olson has commented that he can't believe that there's been not a complaint so, so far it's been going good and I expect us to continue to go that route. Kate had mentioned. Laufenburger: Just for the record, is this the Jim Olson that we know affectionately as the sheriff? Bruno Silikowski: Yes. Laufenburger: Thank you. Bruno Silikowski: Well we hire the sheriff's department to help us at the events to be able to make sure things go smoothly and the, our fire, Mark Littfin, the Fire Marshal comes out and has also been very complimentary. Shows up at our events. Many of the city employees in fact come out and they enjoy it so it's been a really a good thing and a real creative thing for the city from what I can see, and I hopefully others, everybody else is seeing it that way. The, so just maybe a couple of quick top points. It's gone better than expected. I mean I really didn't expect us to do as well as we did our first year. We've been about a year and a half now into it and what you see built, and I think you've seen some of the pictures, we're 93% sold already and I think a lot of that has to do with the fact that we are building in a really high quality and high security fashion and people recognize that value, and are coming towards us. In fact so much so that again people are starting to want to build, or add some amenities to their properties, which of course I think you all know helps the tax base as well. In fact this is maybe another quick point to make. If we didn't do what I was doing, the business that was planning on coming behind me, which is a cold storage, probably would have done about well 3-4 million dollar investment. You know we're going to be about 22 million dollars on the ground, so we're roughly, if you look at the tax rate differences, we're still about 3X of the tax, property tax give back versus you know an alternative so from that standpoint I think that's creative. We also bring a high number 9 Chanhassen Planning Commission - August 18,2009 of relatively affluent people who come in. Spend money. Order food. Pizzas are always being delivered at our place to you know grab a bite to eat before, or sandwich, before they take off, so a lot of that stuff has been real positive. What they've been looking for are these niceties and this is how the whole thing kind of got started. Why are we here? Couple of my clients basically asked hey, I'd like to build a nice little deck just to be able to sit out and look at the natural view. In fact Bob if you don't mind going to the ones that shows by the General Mills. I mean the short of it is, can you show the pictures that I sent you Bob? Do you have that? Generous: They're not on this slide, no. Bruno Silikowski: Can you retrieve your email by chance? I sent you a copy of something. Well look, it's not important but the point is I was trying to make is, the view is looking straight out at General Mills. There's not even a house in sight from where they're planning on putting those decks. Laufenburger: So it's a view to the north. Bruno Silikowski: It's a view to the north and that's, Bob. Sorry. Aanenson: It's in their packet. Bruno Silikowski: Great. Well if you can glance at the packets, but it would be the buildings, if you look at, Bob on the site plan. Remember I kind of highlighted where the decks might go. Generous: Yes. Bruno Silikowski: Can you go there? Aanenson: That's the one I was on, yeah. Bruno Silikowski: Yep. So if you look at the ones that are, I guess it would be called D. Up on the screens. Those are the ones that are headed to the north and only those, the ones call D, allow for a little bit larger. In other words there's a natural limitation onto it because once you get above 12 to 14 feet, now you're starting to talk about some serious amount of engineering that has to go on to build a whole deck up, so it's really going to be self limited and the architectural requirements that we have within our by-laws actually are self governing as well. We require everyone to follow a standard so that the look is consistent and the look is the high quality. We require a structural engineer to design and have signed off. We require the City to, we require them to get a permit from the City so there's a whole lot of check points along the way to make sure that it's done right. It's done consistently and it's done professionally. I don't know how much you guys want me to go on but we've done like I said, I've done pretty well with this whole thing. The question that I have for you is just can you support us? I mean bottom line is we've done well but I'm not kidding myself. This is a challenging environment. The economy is really hurting a lot of people. We happen to be doing pretty good, which is good for us but there's a reason why and we focused on the right kind of trigger points for people to be, why they bought. I've got two guys who bought into that one building. The first arrow on 10 Chanhassen Planning Commission - August 18,2009 that north thing there. They're actually pretty angry with me because they think that they can't build a deck and that's why, the whole process got started and I asked Bob, I said Bob what do we need to do to, and I talked to Todd and talked to Kate. Just said what do we need to do to sort of clarify things and I did ask questions because we know, you know frankly precedence is there. We have a deck that connects between those two buildings. We have 6, what we're calling balconies, and so the precedence is there so I was kind of, kind of a little bit blind sided when I heard the City say no. That's, you know we're going to do a gut check here and so that's why I'm here and that's why we're kind of going through a process but you know don't look at this, well you need, I guess the thing I'm asking you to look at is this is a natural evolution of a high quality product. We're adding some amenities that have been extremely creative to the look. The architectural features and also is allowing me to continue to be successful in a, I think what I consider to be extremely difficult economy. So that's kind of the big picture. If there's any questions or, be happy to. Laufenburger: Alright. Would you just wait for a second. I think we may have some questions. Bruno Silikowski: Yep. Laufenburger: Mark, let's start with you. Do you have any questions for the applicant? Undestad: Yeah. The discussion about the enclosing on there. Is that, do you think that would be an issue for your clients out there if it was. Bruno Silikowski: No. I just don't see it. Undestad: They don't need them? I mean if there was language in there that said no, you can't enclose these things. Bruno Silikowski: No, I mean we have got so much wind coming off of that open area. There's no bugs. There just isn't any so what reason would you have to enclose it? Bob, do me a favor. Go to that last picture that I showed the ones with the roof over the top. That, I wanted to highlight that because that's actually a commercial building over in Excelsior. It's Bayside Marina. If you're guys familiar with it and so, you know the look has got a high quality finish to it and that's kind of the look we're trying to create and one of the things that somebody asked, you know is this going to be helter skelter? No. Every unit along those buildings, along those two buildings to the north will have that. That's me designing it. That's part ofthe way I'm going to sell the things. There are real stringent architectural controls that I have, because we want to kept he integrity of the campus in check, so to make a long story short and answer your question directly Mark, no. I couldn't, I couldn't even imagine that being an issue. Having a little bit of roof overhead does make sense. You know just from rain and things like that, and it looks architecturally very pleasing. Laufenburger: Anything else Mark? Kevin? Dillon: I didn't have any questions. You answered my questions about the consistency and the only, you know so I'm inclined to support you on this because I think I do get the big picture 11 Chanhassen Planning Commission - August 18,2009 you're after but you know as we're talking we can modify these things. We might want to add the consistent look and feel in even though it says you're going to mandate. Well, we will too. Bruno Silikowski: Yeah. Yeah, and you know just a quick point. We've gone way beyond in terms of adding the architectural features, even than what we originally presented to the City and it's because we view that as beneficial, and it has helped us to develop a product that people want. Laufenburger: Okay. Dan, you have any questions? Keefe: Yeah just one. Your association rules, you know are you anticipating that they'll limit what you can sort of store out on the decks? Bruno Silikowski: Absolutely. Absolutely. Keefe: Right. Bruno Silikowski: Yeah, we have very, very specific rules about that. Keefe: One of my concerns, I don't have an exact view of you know, of sort of the viewpoints and visual points that you know somebody crossed you know the pond. Was looking out and they like what they see now but now okay now we've got balconies. Oh, there's a statute of something I don't like sitting out there, you know. Bruno Silikowski: Yeah, but I appreciate what you're saying. We're really sensitive to that kind of stuff. In fact we don't even let people leave their cars out overnight. Keefe: Yeah, right. Okay. Laufenburger: Kathleen? Thomas: I don't think I have any questions. I appreciate your trying to be a good neighbor to the neighborhood that's you know, that's around there and trying to do what you can do to ensure, everyone seems satisfied so I'm still thinking about it on the fence but you know we'll work through it. Bruno Silikowski: For what it's worth Kathleen we actually have two neighbors there have now joined us. Thomas: That's good to hear. Bruno Silikowski : Yeah. Laufenburger: Tom? 12 Chanhassen Planning Commission - August 18,2009 Doll: I just congratulate you and the buildings are beautiful and I think it's a nice thing for the city to have a storage facility of that beauty I guess. Bruno Silikowski: Yeah, thanks. Doll: So I have no questions. Laufenburger: I do have a couple questions and comments. You said that you've been successful. It sounds like the success is determined by the response of your customers, isn't that correct? You said 93% occupancy. Bruno Silikowski: Absolutely. Laufenburger: Do you have people that, when you build more structure, do you anticipate that you'll have more people lining up there as well? Bruno Silikowski: Urn yeah. In fact we've just completing one of the, it's about a, it's just under 17,000 square foot building and we're maybe a week away from completion and we've already pre-sold some of that. And then we have another building that the City hasn't seen yet but it's about, getting ready to be submitted for another building to be launched so yeah, and that's all driven by demand. I don't build, one of the things that we agreed on early on was this was going to be a phased approach because really it was a new concept around, not just here in the cities. We're talking about throughout the country. So it's a very different concept. We did the best we could in terms of anticipating what it would be like. We were pretty close but it's just gotten actually a little bit better I think in terms of the amenities and what people were looking for, so to answer your question is yeah. We're going to continue to build. It will be based on demand and I do think there's still a chance that I may add an additional building yet this year. Commission another building this year. If not then we'll probably launch 2 more buildings next year. Laufenburger: Okay. You spoke about unique concept. Is there anything like this anywhere else in the metro area? Bruno Silikowski: Well you know it's a derivative of a very, very basic concept and you know the storage condominiums have been around. These storage condominiums tend to be kind of the metal pole barn. They don't have any amenities. Don't have fire suppression systems. Don't have floor drains. Don't have water. Don't have any kind of really plumbing. They don't have, they have very minimal amount of electrical. In fact the ones that I'm aware of use an open flame or what they call an Resanor heater in these things and actually I, every common sense, you know gasoline and open flames don't mix. We went, and so if you look at their history over the past 5 years, and I won't name any names but over the past 5 years they actually had 2 buildings burn down because they don't have any way to stop a fire when something starts or some kind of incident happens. And we went the opposite direction. We focused on safety and security. All of our buildings are fire suppression. Not only in every garage but in every, all the rafters. We have floor drains. We have water. In floor heat. It's electric. It's very efficient. Over the blow heaters. You know I don't know if you, just as a quick point. It warms the 13 Chanhassen Planning Commission - August 18, 2009 objects so your vehicle stays warm. Not the air so it's a very efficient way of going about it and it's a great way for vehicle storage. You want lack of humidity in these things. So that. And then we look at the exterior structure. We use materials that are, that you find on luxury homes. Hardy plank. Stone. The only thing metal on our buildings are the roofs for 50 year roofs. We built it for high quality. Every building is Wi-fi'd which means all our cameras, security cameras, currently there's 34 of them up. We'll have 49 of them when we're all completed and it's all web based so you can be in the middle of China and literally check in on your possessions if you so choose to. Laufenburger: And obviously that's a valuable element of what you're selling to your clients. Bruno Silikowski: It's a very important part of people's decision making is that knowing that what they have is secured. It's also gated. The gates going in sometime this week, but it will be gate essentially community for the members, and every once in a while we'll open it up to the public for our open events like we do. I'm sure you heard about the Cars and Coffees. Laufenburger: It just feels to me like you really don't have a storage area because I think of a storage area as that place where things rest between the house and the dumpster. Whereas what you are providing is an opportunity for people to really live out their passion for their high end automobiles or, that may not be the right word. Their classic automobiles. Or any automobile that they feel is worthy of their investment. Bruno Silikowski: Yeah, even to extend that to any vehicle. Some people really enjoy RV's. Some people like boats. Some people like motorcycles. Some people like cars. So it's a wide variety but I will tell you that the underlying business model is storage, okay. So that you have a place to keep your things. But then we've taken it and layered on some things which allow for that common interest to be shared with others. So it's kind of created a community of sort of vehicle enthusiasts where, and that's why this is happening where people want to hang out. They want to hang out with one of you guys if you had your car there and let's talk about the '67 Mustang you just got and what you did to it and you know it's pretty funny. You'll see somebody changing their brakes or doing some kind of work and you've got 3 other guys standing there with a beverage in hand watching. You know offering advice. It's just the way it is you know and it's turned into a lot of fun. I tell you the other thing that's really amazing to me is it's become an extremely family centered place. If you go on the web site sometime. You'll see all the photos. You've got people pushing their baby strollers around. The husband and wife hanging out together. We have six couples that are literally, they hang out together while they're there. We've got one guy who put a Sport Court in the back of his garage. While he tinkers with his cars, his boys are playing basketball. You know so how cool is that right? And the wife loves it because you know dad's with the kids and so we've really kind of created something that's so different that I don't think anybody else in the country has really kind of thought of this. There are like I said, little derivatives here and there. They seem to go either to one end, which would be the really low, cheap. And then the other end would be the kind of champagne toting crowd and that's just not Minnesota you know so we found a really happy medium and it's worked. 14 Chanhassen Planning Commission - August 18,2009 Laufenburger: I just have a couple more questions. Can you talk a little bit about the hours? You said your, your facility is open from 7:00 to 8:00. So that's when the facility is open but owner of a condominium can be there any time. Bruno Silikowski: That's true. Laufenburger: How do you, just talk a little bit about how you distinguish those hours of use. Bruno Silikowski: Well, you know during the business day there are people coming in and out and instead of having the gated, the gate all closed up and limited, not have anybody come in. We're still in sales mode so we do want to open it up and let people come in and look around and talk to us and make it easy for them to come at us. But when we don't have somebody around, we don't want to have that open access so that's why it closes down and yes. A member can work into the evening if he would so choose, but you've got to look at history. So far there has not been a single call. There's not been one nuisance of anything, including my own members which are really, these guys have a lot invested. I mean some of these guys, I kid you not have a half million dollars invested in their garages, and so they care a lot about what's going on and if it's a nuisance, if it's too much noise or if there's something going on that they don't like, they're going to talk about it. Laufenburger: So they can, they have access outside of 7:00 to 8:00, the owners have access to the condominium but not to the common areas, like the club house and that sort of thing? Bruno Silikowski: It is locked. Laufenburger: It is locked, okay. Alright. Let's see. You spoke to the, your view about the enclosure. How about the roofs? Bruno Silikowski: I think actually, I think as I mentioned I think architecturally it adds a lot. It adds a lot and it's something that you just don't see. It takes from just a deck that's tossed onto the side of, or a balcony that's tossed onto the side of the building to turn it into an architectural feature. I know that the City has thought that the balconies we placed on are nice architectural features. I think that's nothing compared to what we can do with the look that we're trying to achieve with what I showed you. The roofs themselves, it's more of an architectural feature than anything else. Sure, it provides a little bit of cover in case there's some rain but I have zero concern if you guys say that you have no possibility of enclosing it. I have no concern about it because that's not how it's ever going to be used. In fact if somebody gets out there and uses it you know an hour a month I'd be shocked. I really would. I mean it's just not what's happening out there. But everybody wants something cool and different and those differentiating features are what drives people to buy the units. I mean that's the reason why we put the windows in. People love it and that's, and also I've getting, I've got 6 units that are left in 2 of the first building. I can't move them because nobody wants them anymore. They want the ones with the windows and these features. So hopefully that answers your question. Laufenburger: It does. Any other questions for the applicant or staff? 15 Chanhassen Planning Commission - August 18,2009 Keefe: Yeah, just a quick one. Have you thought about you know kind of a sister facility? I know some of these other ones around the country have a track and some of those things. Are you contemplating that or, I thought when you originally came in here maybe there was some discussion. Bruno Silikowski: Yeah. Honestly there's two pieces to that. I am looking at another piece of property out on the east side of town that will do, kind of be an annex to what this is. So we've gotten a lot of demand from different parts of the cities. You just have to, I mean I have to be smart in terms of where I place it. There needs to be enough affluence around the area to be able to support the game plan. The second thing with the track you're bringing up. That was something that was an article that was written about me several years ago. I do have 565 acres under contract but it's a good hour from here so no worries. But it's something that is no where near ready for launch given the economy. I mean we're just, I'm just not going to do it. Not until things get more stable. Keefe: Good. Bruno Silikowski: People need to have a little more disposable income for that. Keefe: Okay. Laufenburger: Okay, thank you. Bruno Silikowski: Thank you. Laufenburger: We will close the public hearing at this time and bring it back to just among the commission members. I think what we're, just to help promote the discussion. I think we're looking at, do we approve the deck's balconies with the guidelines that the staff has suggested or do we not approve that? And if we modify it, some things to consider, do we modify it by including the roof? By changing the enclosure descriptions? Whatever, so we, I think we've got good information. Now we can make our recommendation. Tom, let's start with you. What's your views on this? Doll: I would say that I would think that roofs and screens would be, if they wanted to do them, I'm in favor of it. Laufenburger: So you feel. Doll: For the deck and. Laufenburger: For a deck and balcony you feel like it's okay to allow them to do a screen enclosure and a roof. Okay. Alright. Doll: And I'm for a deck so. Laufenburger: Okay. Alright. Kathleen, any questions or comments? 16 Chanhassen Planning Commission - August 18,2009 Thomas: I'm still not 100% sold on the deck option. I see the goodness of it and I think it would probably enhance the building. I feel like if you're going to do a deck, I don't know that it would need to be enclosed. I don't, I mean I kind of see his point as, would that really completely be necessary? I don't know. And I kind of, I mean if we go through with the approval of having a deck, I would rather just see it maybe just have a roof and just be a deck, roof. Why does it have to be more than that? You know. Laufenburger: And remember that the distinction the staff is using, balcony is defined as a smaller architectural type structure and the deck is a bigger. It would be even temporarily used for. Thomas: More used for out, yeah. I know. Laufenburger: Outdoor use. Okay. Alright. Dan, how about you? Any comments? Keefe: Yeah, you know I'm leaning towards approving this. I think in terms of the second piece. You know in regards to condition number 4, I would be in support of just striking the second sentence in number 4 which then would allow for the roof structures. But it wouldn't be allow it to be enclosed. Laufenburger: And we already heard the applicant say that he wasn't concerned about enclosing the deck, is that correct? Keefe: But he would like the roof. So that was kind of the, I thought would achieve that. Laufenburger: Would you have a concern about whether the roof and the deck would be aesthetically consistent with the rest of the building? Keefe: No, I mean I think he has to come in and get a permit and reviewed and it sounds like he's trying to maintain a level of standard which appeals to a certain you know clientele which may require that and I think the City has input in regards to that effect. . . to review the plans. Laufenburger: Okay. Keefe: Is that correct? Aanenson: Yep. Laufenburger: Okay. Kevin, how about you? Dillon: I'm all in favor of this. I think we should approve it. I think we should allow roofs. We should allow it to be enclosed, but the only other language I would like, and it's I think because of the high end nature of this, people are going to require it anyway, but whatever it is we decide upon here that it's just consistently applied, both in look and feel as well as you know context. You know size. You know depending on the unit, across the building so that's it. 17 Chanhassen Planning Commission - August 18, 2009 Laufenburger: Kevin are you, are you comfortable that the city planning department should be involved in the scrutiny and evaluation of those structures or are you comfortable that the owner has the scrutiny to do that? Dillon: I think it should be up to the owner. I mean you know we are, you know we're all big kids and you know I mean if it, this doesn't require a variance. I mean it just has to go by the regular building codes and all of that stuff. It shouldn't be subjected to anything extra than that. So whatever that means. Laufenburger: And any of these structures staff, for example the deck, it would be subject to building codes, is that correct? Structural? Safety, things like that. Keefe: Number 3 says that. Your number 3. Laufenburger: Any other questions Kevin? Dillon: No thanks, no. Laufenburger: Mark. Undestad: Yeah, I'd have to agree too. I mean I like the package and I think just looking at what they've been doing out there, I don't think there's any concern about somebody's going to put up something that nobody's going to like. I mean the things they've been adding, it is looking nice out there so. I think as far as even the enclosures too that, given what's going on there, you know initially my thought was, they don't really need to enclose them. More of a concern that you get one guy that's going to want to put screens up. One guy will put some Anderson window. Somebody else has a different kind of window but I think the way they have it going on here, you know their review board and the association of the City, I think there's enough eyes to make sure everything's going to look nice on there, either way they go so I'd be, more or less be in favor too of just striking 4 altogether. Laufenburger: In other words removing the restriction of no enclosure and no roofs. Okay. Alright. It appears that we are, we're generally in favor of the amenities that the owner wants to allow or to present to his clientele. We may differ in viewpoints on roof structures and enclosures. So our job is to provide a recommendation to the City Council. We can choose to use the language that's in the proposed motions or we can modify that. Is there any guidance we need from the staff on this Kate? Aanenson: No. Well make your motion then, if you are going to strike one of the items or modify it, so you'd say subject to conditions 1 through and however you modify 4... Laufenburger: Alright. So what I'd like to do is, I'm looking for a motion and I would like the motion to, I'll allow you to take a minute or two if you want and structure the motion so that it incorporates what you would like to see. 18 Chanhassen Planning Commission - August 18,2009 Undestad: I'll make a motion. Laufenburger: Alright, Mark. Undestad: The Chanhassen Planning Commission recommends that the 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 1,2,3, and 5. Dillon: I second that. Laufenburger: Alright we have a valid motion and a second. To approve the amendment to the site plan with restrictions 1,2, 3 and 5, excluding the restriction of the language of the decks and enclosures. Is there any further discussion? Now's the time if you'd like to. Alright there'll be no further discussion. All those in favor of the motion signify by saying aye. Undestad: Aye. Dillon: Aye. Laufenburger: All those opposed nay. Keefe: Nay. Thomas: Nay. Keefe: I didn't hear you. Say yea or nay? Laufenburger: I'm going to ask that we vote again with the hands so there's no question. Dillon: So what's the issue? Laufenburger: No, just record the vote again. Aanenson: Yeah. Undestad moved, Dillon seconded that the Chanhassen Planning Commission recommends that the City Council approve the amendment to the site plan for the Auto Motorplex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report, subject to the following conditions: 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. 19 Chanhassen Planning Commission - August 18, 2009 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. Deleted. 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/ba1cony. All voted in favor, except Keefe and Thomas who opposed, and the motion carried with a vote of 4 to 2. Laufenburger: Motion carries 4 to 2. Keefe: Can I just make a comment in regards to you know the reason for denial on it is simply related to the enclosures on my behalf. My preference is to not have them enclosed. Thomas: I would, same thing going too. Laufenburger: I think it's important that we convey to the City Council the vote and it's up to them. They can, they have the choice of either accepting our recommendation and they can also modify it. Keefe: They need to understand the reason why. Thomas: Yeah. Aanenson: And just for point of clarification. This is moving forward. Next Monday is scheduled for City Council. Laufenburger: Scheduled for City Council Monday the? Aanenson: Next Monday. 24th. Laufenburger: The 24th. Aanenson: That's correct. Laufenburger: Okay. So if the applicant or any member of the public would like to be present at that time. Alright. 20