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Agenda and PacketFILE AGENDA CHANHASSEN PLANNING COMMI4K WEDNESDAY, APRIL 5, 2000 at 7:00 P.M. CHANHASSEN CITY HALL, 690 CITY CENTER DRIVE CALL TO ORDER PUBLIC HEARINGS 1. Abra Auto Body and Glass is requesting an amendment to their conditional use located at 40 Lake Drive East. 2. Larry Van De Veire for an interim use permit to haul 50,000 cubic yards of excavated materials on the property located at the northeast corner of TH 5 and Galpin Blvd. 3. David Sprosty requesting a variance from the required 10 foot side yard setback for the construction of a screened porch, located at 7163 Fawn Hill Road. 4. Steven Posnick requesting a 5 foot side yard setback for the construction of a two car garage, located at 7010 Dakota Avenue. 5. Michael Woitalla, requesting a rear yard setback variance of 18%2 feet to permit a garage expansion located at 6712 Hopi Road. 6. Request for 1) Comprehensive Plan Land Use Amendment from low density residential, medium density residential, public/semi-public, and parks and open space to public/semi- public; 2) Conceptual and preliminary planned unit development-office/institutional approval; and 3) site plan approval for a 60,000 sq. ft. administrative office and archive building and a 10,000 sq. ft. chapel. In addition, the city will be reviewing 4) an Environmental Assessment Work sheet addressing potential environmental impacts of the proposed development and making the appropriate findings and decisions on the need for an Environmental Impact Statement. The project is located at the northwest corner of West 781h Street and Powers Blvd., Eckankar Religious Campus. NEW BUSINESS APPROVAL OF MINUTES ONGOING ITEMS OPEN DISCUSSION ADJOURNMENT NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in official by-laws. We will make every attempt to complete the hearing for each item on the agenda. If, however, this does not appear to be possible, the Chair person will notify those present and offer rescheduling options. Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. 0 CITY OF CHANHASSEN 690 City Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937.1900 General Fax 612.937.5739 Engineering Fax 612.937.9152 Public Safety Fax 612.934.2524 Web www.ci.chanhassen.mn.us MEMORANDUM TO: FROM: REPORT DATE: PC DATE: CC DATE: REQUEST: APPLICANT: Planning Commission Cynthia R. Kirchoff, Planner II March 29, 2000 April 5, 2000 April 24, 2000 (1) Amendment to Conditional Use Permit #92-2; and (2) Conditional Use Permit for Screened Outdoor Storage Abra Auto Body and Glass, 40 E. Lake Drive BH- Highway and Business Services District DISCRETION LEVEL: The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. PROPOSAL/SUMMARY Abra Auto Body & Glass is seeking an amendment to their conditional use permit (CUP #92-2) to park damaged and/or inoperable vehicles in the existing parking lot overnight. The CUP prohibits this activity. The zoning ordinance permits screened outdoor storage as a conditional use in the BH District. Staff is requiring a conditional use permit for the outdoor parking. BACKGROUND The zoning ordinance requires a conditional use permit to operate an automobile service facility in the BH, Highway and Business Services District. This permit was processed concurrently with Goodyear's. On March 22, 1993, the City Council approved a conditional use permit for the Abra's operation with the following conditions: 1. No public address systems are permitted. 2. No outdoor repairs to be performed or gas sold at the site. Garage doors are to be kept closed except to allow vehicles to enter or depart. The City of Chanhassen. Agrowing community with clean lakes, quality schools, a charming downtown, thriving businesses, and beautiful parks. A great place to live, work, and play. Abra CUP Amendment March 29, 2000 Page 2 3. No parking or stacking is allowed in fire lanes, drive aisles, access drives or public rights -of -way. 4. No damaged or inoperable vehicles shall be stored outside overnight on the Abra site. 5. No outdoor storage of materials shall be permitted at the Abra site. (Note: "Outdoor Storage" is defined as the storage of any goods, junk equipment, fuel, materials, merchandise, supplies or motor vehicles not fully enclosed in a building for more than a 24 hour period.) 6. Noise level shall not exceed OHSA requirements or Minnesota Pollution Control agency guidelines at the property line. Doors will be kept closed or not more than a 12 inch opening. 7. Environmental protection shall meet standards set by the Minnesota Pollution Control Agency. 8. Compliance with conditions of approval for Site Plan Review #92-3 and Subdivision #90-17. Since 1995, staff has received several complaints regarding conditional use permit violations at the Abra site. These complaints involve the parking of damaged or inoperable vehicles outdoors overnight and on weekends when the facility is closed. The operation has complied with the City's requests to relocate or store the vehicles inside. However, Abra believes that under the circumstances, vehicles should be permitted to be stored outside. Thus, they are requesting an amendment to the permit. A conditional use permit allowing outdoor parking must also be processed as part of this application. ANALYSIS Abra is requesting an amendment to their CUP to allow the outdoor parking of vehicles scheduled for repairs based upon the following: 1. Customers drop off or have vehicles towed in after hours or on the weekends; 2. Customers drop off rental cars when picking up their vehicles; and 3. Insurance companies usually take one to two days to inspect towed and non - drivable vehicles. Although the Abra CUP prohibits the outdoor storage of damaged or inoperable vehicles, the zoning ordinance permits screened outdoor storage as a conditional use in the BH, Highway and Business Services, BG, General Business and IOP, Industrial Office Park Districts. "Screened" would refer to installing a fence, wall or vegetation Abra CUP Amendment March 29, 2000 Page 3 (i.e., evergreens) to visually shield the materials and/or equipment. Section 20-294 requires outdoor storage to be completely screened with one hundred percent opaque fence or landscape screen (Attachment 3). This site is located in the HC-1, Highway Corridor District. Parking areas are prohibited within the minimum front (primary or secondary) yard setback of any lot. This overlay district was adopted after the site plan review for Abra. The intentions of the district are to promote high quality development by preserving natural features and massing plant materials (see Attachment 5). The existing parking layout complies with the overlay district requirements. The original staff report for Abra provided an analysis of architecture, access, and landscaping. Since the property abuts TH 5, berming and landscaping were required on the northern portion of the site. "Berming is proposed along the north and south sides of the site. The vehicles that will park along the north edge of the site must be totally screened by the berms and landscaping." The use requires 24 parking stalls, and 25 are provided. The following photographs are perspectives from the existing parking lot Existing 2 foot berm & landscaping Parking lot from the west abutting TH 5 Abra CUP Amendment March 29, 2000 Page 4 Prior to analyzing the details of the request, the distinctions between storage and parking must be mentioned. Storage refers to the keeping of materials and equipment for greater than a 24-hour period, whereas, parking would be more temporary in nature. Staff would consider this parking rather than storage. Staff does not intend to allow for long-term storage of vehicles on the site. Abra would like four stalls dedicated for the parking of damaged and inoperable vehicles. Staff recommends the parking be designated. After an inspection of the site, staff recommends the parking be located in the row of parking abutting TH 5 (see Attachment 5). This is the most appropriate location. It provides the best opportunity for screening because a berm already exists. Since it is considered parking rather than storage, a landscape screen will be sufficient. A fence may attract more attention than appropriately placed evergreens. Amendment to CUP #92-2 An amendment to the existing conditional use permit is required because the activity requested is specifically prohibited. Staff believes it is logical to assume that vehicles will be parked outdoors after hours with this type of use. It is also reasonable to expect that the vehicles be screened from adjacent properties. Staff supports the amendment to the conditional use permit. Conditional Use Permit for Outdoor Storage As part of the conditional use permit staff would recommend that two, eight -to ten - foot evergreens be planted for each designated parking stall, or eight total. The eight - to ten -foot evergreens are required because the site abuts TH 5, a high profile area of the City. The trees shall be located to the north, northeast and east of the proposed parking area and staggered 15 feet on center to provide the best visual screen. "t Abra CUP Amendment March 29, 2000 Page 5 Further, staff recommends that a condition be included that vehicles not remain parked outdoors for greater than 48 hours FINDINGS The Planning Commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. 2. Will be consistent with the objectives of the city `s comprehensive plan and this chapter. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 7. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. 8. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 10. Will be aesthetically compatible with the area. t Abra CUP Amendment March 29, 2000 Page 6 11. Will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: The conditional use permit based upon compliance conditions will not be detrimental or disturbing to the neighborhood or city. It is consistent with the comprehensive plan and is compatible with surrounding uses. Further, the site is served by adequate urban infrastructure (see Attachment 5). Staff recommends approval of the conditional use permit for the screened outdoor storage with conditions. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of the request to amend CUP #92-2 to permit the outdoor storage of vehicles overnight on weekends and CUP #00-2 to permit screened outdoor storage with the following conditions: 1. All outdoor storage must be completely screened with one -hundred -percent opaque landscaped screen. Two, eight -to ten foot evergreens are required to be planted for each designated parking stall, or eight total. The trees shall be located to the north, northeast and east of the proposed designated parking area and staggered 15 feet on center. 2. The landscape screen must meet the standards of the HC-1 District. 3. Damaged or inoperable vehicles may be parked overnight within the designated area as shown on Attachment 5 for a period not to exceed 48 hours." Attachments: 1. Application and letter 2. Conditions of Approval Letter 3. Section 20-294. Screened Outdoor Storage 4. Section 20-1455. HC-1 District Landscape Design 5. Landscape Plan with Designated Parking 6. Amended Conditional Use Permit #92-2 7. Public Hearing Notice gAplan\ck\plan comm\abra amend 92-2.doc ■ . FROM : ABR,A AUTO BOD'i CHPt44ASSEt4 .3*A jG ; oo C . '3qP .« TEL: 612 9371 5741 JAN.28.2000 4:33 Pr-1 P 3 P.02 I: eny Cw CHAMAUS" we C0U.LM URIVC � A��UN S"ll 1"0 orwomPf omi:Az%'EN1 APPUCATION AAPLiCANT-� !►ODRE$S: ADDAEss: y____.�—Y Dave, t - �CL>;r n � a .� E (Dar O+a) TELEPHONE: Comprehensive Plan AAvnd mmnt Conaional Use Perntti Intertm use Permit Non-coaccmuv Use Permit Plarv.ed UnK 0evsiopm9re R&wC*V Sign Psrmiec Sign Plan Review Silo Plan Havlour Temporary Sates PermK . Vacation of ROWIEasemants --------------- Vatianos Wetiarx! Altemclon PwmK Zwft Appeal �Znrdnp OrManoe Amandamnt wotuicstion SO Eaaflw fa F1Gr� Psoc/Attorney C )W* ($60 (up A AP/Metss and Sounds. UM WO/ SUB) TOTAL. F EE S A {tat of sit proPWIF Qwf s wllhkt SM feet of the b6undsdss of the Property must be included with the Bunlding inelwUl samples must be subn+itlsd with Oft Plan nv%we. a i 'TvrsMy4dg tug sire,g"eopies of the Pisns mnst be.submMed. Inotudinp an DWI X 11" mdvoed COPY of imspusncy for each plan ehset. — Q=aw wilt be inquired for oiler appUcstl"s thtcuoh ihs devstOpmsnt oonirsct NOTE - When mWlple appiicsltons are processed, the awopriate tee shag be cha►gsd for each spPlkAU0n. i i , FROM _ ABRA AUTO BODE CHANHASSEN TEL: 612 937 5741 JAN.28.20M 4:32 Pr't P 2 �'l Y l!F CAANKASLBN is Goa p00jGGT NAME' •may LOCAr;W N O tic 2 1 T LEGAL TOTAL ACREAGZ AYES ✓R. O WMAWSPRESENT gititr ppRSE T ZONING . N REMWED ZONING p nrr LAND UM oelMONATION vK AEMESTED LAND USE DF_BIONATK)N Ri`ASM FOR 7ltt$ REQUEST _ L c i O rz , i s h 7- -This appilcutlon must be completed in Tull and ba � Before Miry this appkaWn. You thouid oorder with the Planning W plans rvquir8d by applicable Cky On�AOa P^0 able to yotx BWcatfon. op Dart rdto determine the tug r to or0inance and procedural fsqutrsmera ap* A dewaninallon of completeness of the epoc&tion d%li bo moo v�Ahin ton bu**l day! of Ion submittal. A wrlCen aapacat r,otNca at applloaflon detfcfenCias $has be mailed to the appllcertt whit, ten business days of spp &Van. ft Thb is to cetttty that I am making ePp�lfo eb�eL Th1sa pp should be p ��ed in my nameen I am theter whom ae cAy requirements wtth rogard to thof proof of ownemhip (sflher the Get thoW contact roga OM9 any metier pertalninp to this apDlfcatbn. 1 have attacttad a Dopy u person to make copy of Owners Dupkate Owvflcwe of Th* Abstract of T111s or purchase egrsemeM}, or 1 am the authorivd tf'Us epptkation and the fse owner has etso aWwd this 11MUoatlon. t vM keep my$0 Infotrned of the deadMeti for subrntatlon of frtateriat and the progress at this eppUeatbn I hMer understand that additional fewa may be charged for oomitlnnpp fees, feasibility atudlas. 010. vrlth en estimate prior b any suthodsadon w proceed wM the atuay. The documents and Information t have tubn9ned are true and oortoct to the bets of my knowted< a. Tble he dry hereby nos the spprOant that oe"Wpmwni nrAew can'+ot be plow whw so days due fo PUU-10 hearing mqukements and geresy w. ThersroPe VW- f Wlo rOOyVVI L%* applicant ft+at tt1e dty Nquime an Automatic e0 daY exwnslpn for orm(oprrtent r view. Development rwview shall be, completed within 120 days unless add kwwl rovlaw Wdenebns are approved by the aFPISCOMI. i B1Qnattrrw of Date or, SWumirs ' .u4y, Oats Appitarion tasostved on Fes PW The applicant should contwA aloff for a copy oil the ateff reW wf+bh will be available on Friday prior to It* m*WnW x not Iona Kled, a copy of the report will be mold to the oppikani's address. dtasrzr 00-Lz-uwc ZO'd uc,ul/uU uo:Jl kit DIZ U41 aiju 1.111 40002 CITY OF CH4NHASSEN FEB 0 3 2000 .PRO 1ECT NA1111E I=MON LEGAL DESCRIPTION TOTALACRFAGE WETLANDS PRESENT YES NO PRESENTZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST This apprication must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department io determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. "This is to cerG7ythat t 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. 7 wo 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 myknowledge. The dty hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensior#-.ire approved by the applicant. Sianaw ofAppl' l/ Date Signature of Fee,Owner Date Application Received on G' t- Fee Paid Receipt No. The appucarrt should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. if not contacted, a copy of the report will be mailed to the applicant's address. t el-17 O,c- n S e m w e d / O OGLE ' d, �i o-77 ,4 C lee TIC /3•e � FT' -e cy( //7 ; e r,1, r 5 �/z i-4 n Ocr - . 1917,cs t-c 56-c.,Q../i y Pd //7 /I017— D / o 6 30 Lake Drive Fast • Chanhassen, Minnesota 55317 • (612) 9331-3488 ■ i .i 9a-a CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 0 FAX (612) 937-5739 March 23, 1993 Mr. Al Beisner Beisner Ltd. 6100 Summit Drive Brooklyn Center, MN 55430 Dear Mr. Beisner: This letter is to confirm that on March 22, 1993, the City Council approved the following: 1) Site Plan Review for Abra Auto Service Center, 6,494 Square Feet; 2) Conditional Use Permit to Allow an Auto Service Facility in the BH District subject to the following conditions: CONDITIONAL USE PERMIT I. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Auto Service Facility 2. Property. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: Lot 2, Block 1, Chan Haven Plaza 3rd Addition 3. Conditions. The permit is issued subject to the following conditions: 1. No public address systems are permitted. 2. No outdoor repairs to be performed or gas sold at the site. Garage doors are to be kept closed except to allow vehicles to enter or depart. Os qW It's PRINTED ON RECYCLED PAPER Mr. Al Beisner March 23, 1993 Page 2 3. No parking or stacking is allowed in fire lanes, drive aisles, access drives or public rights -of -way. 4. No damaged or inoperable vehicles shall be stored outside overnight on the Abra site. 5. No outdoor storage of materials shall be permitted at the Abra site. 6. Noise level shall not exceed OSHA requirements or Minnesota Pollution Control agency guidelines at the property line. Doors will be kept closed or no more than a 12" opening. 7. Environmental protection shall meet standards set by the Minnesota Pollution Control Agency. 8. Compliance with conditions of approval for Site Plan Review #92-3 and Subdivision #90-17." SITE PLAN REVIEW 1. Obtain a sign plan approved by the Planning Commission and City Council. 2. The applicant shall provide staff with a detailed cost estimate of landscaping to be used in calculating the required financial guarantees. These guarantees must be posted prior to building permit issuance. 3. The applicant shall enter into a development contract with the city and provide the necessary financial securities as required. 4. The applicant shall provide a flammable waste separator as required by Building Code. S. Provide a complete, final set of civil engineering documentation to staff for review and approval. 6. Meet all conditions outlined in the Fire Marshal's memorandum dated October 8, 1992. Mr. Al Beisner March 23, 1993 Page 3 7. The applicant shall post "No Parking - Fire Lane" signs along the south curb line on Lots 1 and 2, Block 1. Signs shall be placed at 100-foot intervals and the curb painted yellow. 8. Concurrent with the building permit, a lighting plan meeting city standards shall be submitted. 9. The applicant shall pay $7,580 into the Surface Water Management Program fund for water quality treatment downstream of the site. This fee will cover Lots 1 and 2 only. 10. No signage will be allowed until sign plan approval is obtained from the Planning Commission and City Council. 11. The applicant shall provide eight additional Black Hills evergreens along the east and four along the south side of Lot 2, Block 1, Chan Haven Plaza 3rd Addition. 12. Brick shall be used on the exterior of the Abra building. Plans shall be developed to staff approval. The brick shall be designed to incorporate highlighting treatments similar to the or better than the current proposal. Also, the applicant shall introduce architectural elements such as dormers along the eastern roof line to break the long mass of wall along the east elevation. 13. Compliance with conditions of Subdivision #90-17 and Conditional Use Permit #92-2. 14. No temporary signage, streamers, or banners shall be permitted on the site. 15. Hours of operation shall be limited to 7:00 a.m. until 7:00 p.m" 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the allowed use has not been completed or the use commenced, this permit shall lapse. 6. Criminal Penalty. Both the owner and any occupant of the subject property are responsible for compliance with this conditional use permit. Violation of the terms of this conditional use permit is a criminal misdemeanor. Mr. Al Beisner March 23, 1993 Page 4 These documents must be recorded by the City Attorney at Carver County Recorder's Office. The applicant will be responsible for all attorney fees related to the recording process. If you have any questions, please feel free to contact me. Sincerely, Sharmin--m6- Planner I PC: Dave Hempel, Assistant City Engineer t>1 V . �-, STA1,1TARm FOR k3UsI N ASS , OFFI C,E 1 ltq&T1 Tv-T1or- - kNt> uS:rr-S (CaTAD 117or-4Ab Qr-,, fX) § 20-292 CHANHASSEN CITY CODE (2) Outdoor play areas shall be located and designed in a manner which mitigates visual and noise impacts of adjoining residential areas. (3) Each center shall obtain applicable state, county and city licenses. (4) Day care facilities in the IOP district shall be subject to a maximum lot coverage of sixty-five (65) percent. (5) Day care facilities shall submit average annual test results for radon gas. Results shall be submitted annually on the anniversary of the day of the issuance of the original occupancy permit. Day care facilities shall comply with all applicable state and federal requirements pertaining to testing and requiring mitigation techniques. (6) Prior to issuance of a building permit, day care facilities shall conduct tests of existing noise conditions and submit test results to the city for review. In order for a building permit to be issued, existing conditions shall comply with Minnesota Rule 7010. (Ord. No. 97, § 2, 10-24-88) Sec. 20-293. Emission control testing stations. Authorized to undertake emissions and/or safety monitoring required by the State of Minnesota provided that: (1) The operation is under contract agreement with the State of Minnesota to provide these services; (2) No repairs are performed on the site; (3) No gas or parts are sold on the site; (4) No outdoor storage of vehicles or related materials; (5) No diesel testing to be allowed at the site; (6) State and federal air and noise standards shall be complied with. If problems are found to exist, the property owner shall be required to pay for any testing deemed to be required by the city to clarify the situation. An update on compliance shall be provided by the applicant after six (6) months of operation. (7) All vehicle stacking shall be provided on -site in designated lanes. Vehicle stacking in fire lanes, parking areas and other drives shall be prohibited. (Ord. No. 137, § I, 24I-91) Sec. 20-294. Screened outdoor storage. The following applies to screened outdoor storage: (1) All outdoor storage must be completely screened with one -hundred -percent opaque fence or landscaped screen. (Ord. No. 164, § 2, 2-24-92) Supp. No. 9 1182.6 P�R-n C.1. p_ X X I X • " W Y GoRfzl 1� DR t)IV I.SI ot.� I , > STFzi- C-T ZONING Sec. 20.1455. Landscape design and site furnishings. 1�kST21� § 20-1455 The following standards governing design and placement of landscaping and site furnish- ings shall apply to all new and renovated buildings within the district, with the exception of single-family residences on individual lots. (1) Where natural or existing topographic patterns contribute to the beauty or utility of a development, they shall be preserved to the greatest extent possible. Modification to topography will be permitted where and to the extent that it contributes to good design. All topographic modifications shall adhere to the practices delineated in the city's Best Management Practices Handbook. CM 03M4 ME& PRESERVING TOPOGRAPHY (2) The grades of all walks, parking spaces, terraces, and other paved areas shall conform with the requirements of the Americans with Disabilities Act. In addition, they shall provide an inviting and stable appearance for walking. Stairs and ramps may be substituted for slanted pavement when necessary. (3) All landscape shall preserve and enhance natural features (such as wetlands, drain- ageways, mature stands of trees, and the like), enhance architectural features, strengthen vistas and important axes, and provide shade. (4) Landscaping shall emphasize massing of plant materials over isolated or scattered placement of individual specimens. Reforestation as prescribed by the city's tree preservation and reforestation ordinance is encouraged. ,urns IANDSCAPE MASSING Supp. No. 7 1283 § 20-1455 CHANHASSEN CITY CODE (5) Unity of design shall be achieved by repetition of certain plant varieties and other materials, and by correlation with natural existing materials and adjacent develop- ments where appropriate. r R(Mm3wor ".. nxms UNITY OF DESIGN (6) Plant material shall be selected for interest in its structure, texture and color, and for its ultimate growth size. Plants that are indigenous to the area and others that will be hardy, harmonious to the design of good appearance, and of relatively easy main- tenance shall be used. (7) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, or similar devices. Rll P.'l TREE rROTEC(ION (8) Where building sites limit planting, the placement of trees in parkways, gardens, or paved areas is encouraged. Trees should be clustered whenever possible, and consid- eration shall be given to the special needs of plants surrounded by imperious surfaces. TREE PLACEMENT (9) In areas where general planting will not prosper, other solutions —such as fences, walls, rock gardens, raised planters, or pavings of wood, brick, stone, gravel, or cobbles — shall be used. Carefully selected plants shall be included. Supp. No. 7 1284 ZONING foAD-.G W. S"CEMI(.[( C4 WAf! K o" 64a PAVW6 CR WJAJ Wf At M( co-atf( WAU CKAM ALTERNATIVE LANDSCAPE TREATMENT IF= CARD( w 61R((7 f1f(( § 20-1460 (10) Exterior lighting shall enhance the building design and adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be arranged and focused so that minimal light falls on adjacent property and no light shines directly at or into any adjacent building. Excessive brightness and glare shall be avoided. tICUTINC CONTROL (11) Site furnishings located on private property shall be designed as part of the site's architectural concept and landscape. Materials and colors shall be in harmony with buildings, surroundings, and other furnishings; scale shall be appropriate to the site and the design; and proportions shall be attractive. (12) Site furnishings and landscaping located in any public way or on other public property shall be harmonious with the design of adjacent buildings, with the appearance of the highway in the vicinity, and with the general character of the city. (13) Lighting in connection with site furnishings (e.g., to highlight a ground sign) shall meet the criteria applicable to site, landscape, buildings, and signs. (14) All provisions of the Chanhassen Zoning Ordinance, to the extent that they directly affect the appearance, design and utility of a particular site, and to the extent that they do not conflict directly with the standards delineated here, shall be a part of the criteria of this subsection. Secs. 20-1456-20-1459. Reserved. DIVISION 2. HC-2 DISTRICT Sec. 20-1460. Purpose and intent. The purpose and intent of the "HC-2" District is the same as the "HC-1" District with certain modifications to the district standards reflecting that the area within the "HC-2" District is not part of the city's central business district. (Ord. No. 212, § 8, 7-11-94) Supp. No. 9 1285 A6c�nc%neU /6"Forcemo,n -,ng Son Sew`J Jib T 44 \ \ D U) ATTJPI�Cff Melwl- (O CONDITIONAL USE PERMIT #92-2 1. No public address systems are permitted. 2. No outdoor repairs to be performed or gas sold at the site.. Garage doors are to be kept closed except to allow vehicles to enter or depart. 3. No parking or stacking is allowed in fire lanes, drive aisles, access drives or public rights - of -way. 4. 5. No outdoor storage of materials shall be permitted at the Abra site. 6. Noise level shall not exceed OHSA requirements or Minnesota Pollution Control agency guidelines at the property line. Doors will be kept closed or nor more than 12 inch opening. 7. Environmental protection shall meet standards set by the Minnesota Pollution Control Agency. 8. Compliance with conditions or approval for Site Plan Review 492-3 and Subdivision #90-17. NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, APRIL 59 2000 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Amend Conditional Use APPLICANT: Abra Auto Body and Glass Permit LOCATION: 40 Lake Drive East NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Abra Auto Body and Glass is requesting an amendment to their conditional use located at 40 Lake Drive East. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is dosed and the Commission discusses project. Questions and Comments: if you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Cindy at 937-1900 ext. 117. If you choose to submit written comments, it is helpful to have one COPY to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on December 23, 1999. ■ C1111��1 , Smooth Feed SheetsTM Kate Aanenson Van De Veire IUP No. 00-01 March 28, 2000 Page 2 The final slopes are proposed to be constructed with 3:1 side slopes along the north and west sides of the ag/urban wetland and 2% slopes for the remaining portions of the site. The proposed grading appears to be compatible with future improvements proposed with the TH 5 upgrade later this year. All disturbed areas as a result of construction will be required to be reseeded and mulched within two weeks of site grading. It is anticipated that the material is being imported from the West Village Heights 3rd Addition project located west of Byerly's. This site is bordered on the south by West 78`h Street and on the west by Powers Boulevard. An interim use permit expires one year from the date of approval from the City Council. The permit maybe renewed on an annual basis subject to City Council approval. The applicant will need to request a formal extension 45 days prior to the expiration date. Security to guarantee restoration and erosion control measures will be required with the permit. The permit is also subject to administration fees. The administration fees are based on the number of cubic yards of material being imported. The fees are taken from the Uniform Building Code Appendix, Chapter 33. Based on 50,000 cubic yards of material, the applicant shall pay the City $589.00 prior to the City signing the permit. Staff believes that this interim use permit application is fairly straightforward. Staff is recommending approval of the interim use permit with the conditions outlined in the report. The subject site falls within the Bluff Creek Natural Resources Management Area Primary and Secondary Zone. The purpose of the primary corridor is to delineate a conservancy zone where undisturbed conditions are desired. This is the area where any type and/or human activity directly impact the creek. The secondary corridor is a management zone. This is the area where development and/or urban activities directly affect the ecosystem. There is an ag/urban wetland in the southeastern portion of the site. The wetland is located at 938.9. Bluff Creek is a DNR protected water located at the 940 contour. This site will be impacted by the Trunk Highway 5 improvements as well as the West 78th Street improvements. MnDOT will be completing this project including the underpass on West 78th Street between Walnut Grove and this site. Any impacts to this wetland from the Trunk Highway 5/West 78th Street project will be addressed as part of a separate WAP. Staff estimates the elevation for the primary zone to be 940. The existing wetland falls within this area. There is no significant vegetation at this site. What does exist may be removed as part of the Trunk Highway 5 project area. The purpose Kate Aanenson Van De Veire IUP No. 00-01 March 28, 2000 Page 3 of the ]UP is to fill this area to make it a buildable lot zoned A-2 but is guided with a land use of neighborhood commercial. The grading as part of the IUP does not impact the wetland nor the 10 foot buffer but does effect the 40 foot buffer setback. It is staff s recommendation that the area around the wetland be landscaped with an approved landscaping plan consistent with the BCWNRP. Section 7 of the ordinance provides a series of standards, which an interim use permit must be in compliance with. Section 7-40 - Fees The ordinance allows the City to determine the fee schedule for each permit and that each permit must be annually reviewed by the City Engineer. Section 7-41 provides for an irrevocable letter of credit that will be required to ensure compliance with conditions of approval. Staff is recommending that a $10,000 letter of credit be required to ensure compliance with conditions outlined below. The letter of credit will be used to guarantee site restoration, maintenance of erosion control and dust control measures. In addition, a grading permit fee in accordance with the Uniform Building Code will be applied to the permit. Based on 50,000 cubic yards of material, the fee will be $589.00. This fee is due and payable to the city prior to issuance of the permit. Section 7-42 - Setbacks The ordinance requires that a setback of 100 feet from existing street rights -of - way and 300 feet from adjoining property lines be required for mining activities. This condition does not apply. It was intended for mining operations only. Kate Aanenson Van De Veire IUP No. 00-01 March 28, 2000 Page 4 Section 7-43 - Fencing The ordinance requires fencing for areas, which will be converted to steep grades or where on site ponding exists if the Council determines that a safety hazard exists. The fill material will be shaped and maintained at a gradual slope of 3:1 or less. Therefore, safety hazards will not exist and fencing should not be required. Section 7-44 - Appearance and Screening The ordinance requires that the visual impact of grading and mining operations be minimized and that where necessary, screening be provided. This is a temporary earthwork project, which will be creating suitable grades for future development. All disturbed areas as a result of construction will be restored with topsoil and seed within two weeks of completion. The fill material will ultimately remain on the site to provide fitting grounds for future development; therefore, the visual impact of the grading and excavating will be minimal and screening will not be necessary. Section 7-45 - Operations, Noise, Hours, Explosives, Dust, Water, Pollution, Top Soil Preservation A. Maximum Noise Levels as measured at the perimeter of the site shall be within limits set by the MPCA and by the Federal EPA. Staff does not feel that the earthwork on the site will be excessive. To ensure that the noise levels do not become excessive, a condition is being provided that noise levels not exceed MPCA and EPA limits. If noise testing is required by the city, the applicant shall pay the cost. B. Earth work is permitted only during the hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday and prohibited on national holidays. Kate Aanenson Van De Veire IUP No. 00-01 March 28, 2000 Page 5 As a condition of approval, the hours of operation have been modified to between the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday and 9:00 a. in. to 5:00 p.m. on Saturday with no work on Sunday or legal holidays. This is consistent with most other construction projects in the city. C. Operators are required to use all practical means to eliminate vibration on adjacent property from equipment operation. Staff does not believe that there will be a problem with vibration on adjacent property. The material will compacted by trucks and/or an earth scraper running over the site. Any vibratory compaction equipment used should not be a problem due to the extended distance of the outlying properties. D. Operators shall comply with all applicable regulations for the protection of water quality. The applicant is providing erosion control surrounding the fill area to retain any runoff from the site. E. Operators shall comply with all regulations for the protection of wetlands. The grading activity will maintain a 10 foot buffer setback from the edge of the wetland. In addition, the applicant is proposing erosion control fencing to protect the water quality of the wetland. F. Operators shall comply with all requirements of the Watershed District where the property is located. The site is providing erosion control measures. A Watershed District permit is required for areas of disruption more than one acre in size. Watershed District approval will be required for this proposal. G. All topsoil shall be retained at the site until complete restoration of the site has taken place according to the restoration plan. Kate Aanenson Van De Veire ATP No. 00-01 March 28, 2000 Page 6 Prior to the placement of any fill material, the site will be stripped of topsoil and temporarily stockpiled for future cover over the fill material. The proposed fill material will be constructed of clay and clay -like soils and covered with the stockpiled topsoil, which will be seeded and mulched within two weeks after grading is completed. The fill area shall be protected from erosion by silt fence. H. Operators shall use all practical means to reduce the amount of dust, smoke and fumes caused by the operations. When atmospheric or other conditions make it impossible to prevent dust from migrating off site, mining operations shall cease. Staff does not anticipate a problem with these impacts due to the type of material being imported, the site's location and precautions that the applicant is providing with the earthwork activities. I. To control dust and minimize tracking of sand, gravel and dirt onto public streets, internal private roads to any public roadway shall be paved with asphalt or concrete for a distance of 300 feet to the intersection of the public roadway. Alternate means of controlling this problem may be accepted by the city. An existing driveway off of Galpin Boulevard (haul route) is proposed to be utilized to the site. A rock construction entrance will be utilized to minimize tracking of sand, gravel, and dirt onto public streets. Any dirt or debris carried onto any public street shall be cleaned on a daily basis. All disturbed areas as a result of construction will be restored with topsoil, seed and mulch. J. All haul routes to and from the site shall be approved by the City and shall only use streets that can safely accommodate the traffic. It is suspected that that trucks/earth moving equipment will import material from the West Village Heights Addition located west of Byerly's to the subject site via Trunk Highway 5 to an existing driveway on Galpin Boulevard. Streets affected along this route have been designed to carry this Kate Aanenson Van De Veire IUP No. 00-01 March 28, 2000 Page 7 type of traffic. A traffic control plan must be submitted to the City for review and approval prior to hauling operations commencing. Section 7-46 - Restoration Standards The ordinance provides a series of standards outlining site restoration. These are reviewed below. A. The plan must be consistent with the City's Comprehensive Plan and Zoning Ordinance. The Comprehensive Plan illustrates this area as medium density residential or commercial. The applicant's proposal to grade and place fill material on the site will make it practical for either use. B. Restoration shall be a continuing operation occurring as quickly as possible after extraction operation has moved. Restoration is proposed to be completed within two weeks after the fill material has been placed or November 15, 2000 whichever occurs first. The City will require security in the form of a letter of credit to cover the restoration costs in the case that the applicant does not or is unable to restore the site in a timely manner. C. All banks and slopes shall be left in accordance with the restoration plans submitted with the permit application. Staff is recommending that an as -built grading plan be provided at the completion of the project so that staff can confirm the volume of material that has been placed and that the site is restored as proposed. D. Slopes, graded areas and backfill areas shall be surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self-sustaining. Kate Aanenson Van De Veire IUP No. 00-01 March 28, 2000 Page 8 The topsoil is on -site material to be stockpiled for cover upon completion of the grading activity. Topsoil will then be seeded and mulched to ensure ground cover for stabilization of the area. E. All water. areas resulting from excavation shall be eliminated upon restoration of the site. Erosion control measures will be installed at the grading limits providing a temporary sediment barrier to treat runoff from the site prior to discharging into the wetland. F. No part of the restoration area, which is planned for uses other than open space or agricultural, shall be at an elevation lower than the minimum required for connection sanitary or storm sewer. The finished grade of the site is at an elevation that will allow for the connection of municipal water, sanitary and storm sewer upon completion of the Trunk Highway 5/West 78`h Street upgrade project. G. Provide a landscaping plan illustrating reforestation, ground cover, wetland restoration or other features. All disturbed areas will be seeded and mulched within two weeks after grading is completed. As proposed, no trees or landscaping needs to be replaced on the site as a result of construction activities. Mining operations will be allowed in the A2 District as an interim use permit if the requested zoning ordinance amendment is approved. The ordinance provides that interim use permits are reviewed under the general issuance standards established for conditional use permits, Section 20-232, of the ordinance. The following constitutes a compilation of the general issuance standards and staffs findings for each. 1. Will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Kate Aanenson Van De Veire IUP No. 00-01 March 28, 2000 Page 9 * The hauling of 50,000 cubic yards will provide a favorable site for either medium density residential or commercial development as illustrated in the City's Comprehensive Plan and Zoning Ordinance, therefore, it will not be detrimental to the public health, safety, comfort, or general welfare of the city. 2. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter. The earthwork will be maintaining the site in a form suitable for future medium density or commercial land use, which is compatible with the Comprehensive Plan and this chapter. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed earthwork will be preparing the site for future development. Any development on the site will require filling to make the site feasible for development. The end use will maintain the site in a compatible appearance with existing or intended character of properties in the general vicinity. The fill material will be an extension of the existing terrain and will not be detrimentally changing the essential character of the area. The land will be restored to a natural state once the grading activity is complete and will remain as such until future development of the site. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. With the precautions being taken by the applicant and with the conditions of approval, the activity will not be hazardous or disturbing to existing or planned neighboring uses. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. * At this time, completion of the grading activity does not need to be served by public facilities and services. The earthwork activities will partially improve the site to be served by sanitary sewer and water once it is developed in the future. Kate Aanenson Van De Veire IUP No. 00-01 March 28, 2000 Page 10 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. * The activity will not create excessive requirements for public facilities and will not be detrimental to the economic welfare of the community since upon completion will be a suitable site for future development. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The proposed excavation could result in excessive noise and fumes. The conditions of approval will provide standards by which the activities should be minimized. 8. Will have vehicular approaches to the property, which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The importing of material to the site does have the potential to add conflict to existing traffic patterns on Galpin Boulevard. Staff has added a condition in the permit to require the appropriate traffic control signage during hauling operations. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. * The proposal will not result in any significant impact to natural or historic features. 10. Will be aesthetically compatible with the area. The proposed graded area, once completed, will still be aesthetically compatible with the surrounding surface contours and drainage patterns. 11. Will not depreciate surrounding property values. The proposed use will not have an impact on surrounding property values. Kate Aanenson Van De Veire IUP No. 00-01 March 28, 2000 Page 11 12. Will meet standards prescribed for certain uses as provided in this article. * The proposed grading application is meeting the standards prescribed for the A2 District. Staff feels that the application is complete and with the conditions proposed in the permit will minimize potential impacts. Staff is recommending that the Planning Commission and City Council approve the applicant's request for an Interim Use Permit. Staff is recommending approval with the conditions outlined in the staff report. Staff recommends the Planning Commission adopt the following motion: "The Planning Commission approves Interim Use Permit #00-1 with the following conditions: The applicant shall provide the city with a letter of credit in the amount of $10,000.00 to guarantee erosion control measures and site restoration and compliance with the interim use permit. 2. The applicant shall pay the City $589.00 for the grading permit fee. In addition, the applicant shall pay for all city staff and attorney time used to monitor and enforce the interim use permit. The inspection fee shall be billed at a rate of $50.50 per hour. 3. The applicant shall obtain and comply with all permit requirements of the Riley -Purgatory -Bluff Creek Watershed District and Carver County Public Works. 4. The applicant shall supply the city with a mylar as -built survey prepared by a professional surveyor registered in the State of Minnesota upon completion of excavation to verify the grading plan has been performed in compliance with the proposed plan. All disturbed areas as a result of construction shall be restored with topsoil, seed and mulch within two weeks after grading is completed or November 15, 2000 whichever occurs first. 6. Noise levels stemming from the operation are not to exceed MPCA and EPA regulations. If the city determines that there is a problem, the applicant shall pay for warranting such tests. Kate Aanenson Van De Veire IUP No. 00-01 March 28, 2000 Page 12 7. Hours of operation are limited to 7:00 a.m. to 6:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday with work not permitted on Sundays or legal holidays. 8. Prior to starting grading activities, erosion control measures shall be installed, inspected and approved by staff. 9. All disturbed areas as a result of construction shall be seeded and disc mulched within two weeks of grading completion. The interim use permit shall expire one year from the date of City Council approval. The applicant may submit a written request to the city for renewal of the permit up to 45 days prior to the expiration date of the permit. 10. A landscaping plan shall be prepared for the "landscape buffer" area around the wetland. This plan shall be consistent with the species in the BCWNRP. 11. Importing of material is restricted to the approved haul route. No hauling shall be permitted on any street not designed as the haul,route. Traffic control signage will be required in accordance with the Minnesota Manual on Uniform Traffic Devices — Appendix B for staff review and approval prior to site work commencing. 12. The site shall be graded in accordance with the plans prepared by Sathre- Berquist, Inc., dated January 14, 2000. Attachments: 1. Public hearing notice and list of property owners. 2. Grading plan prepared by Sathre-Bergquist, Inca dated January 14, 2000. 3. Memo from Carver County Public Works dated March 23, 2000. c: Larry Van De Veire, Applicant g:\eiig\bill\menlos\vaiideviere.doe NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, APRIL 5, 2000 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL- Interim Use Permit APPLICANT: Larry Van De Veire for Grading/Excavating LOCATION: NE Corner of TH 5 and Galpin Blvd. NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Larry Van De Veire, Is requesting an interim use permit to haul 50,000 cubic yards of excavated materials on the property located at the northeast comer of TH 5 and Galpin Blvd. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob at 937-1900 ext. 141. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on March 23, 2000. ril��12w' Site Location TH 5 1 Harvest Lane 2 Harvest Way 3 Autumn *vents A ! v/,, /,n Smooth Feed Sheets TM va/y\ [),P- V e template for 51600 JOHN HENNESSY & BLAINE J & KATHY M MICHAEL MARY E PETERSON 7305 GALPIN BLVD 7626 PRAIRIE FLOWER BLVD 7670 PRAIRIE FLOWER BLVD EXCELSIOR MN 55331 CHANHASSEN MN 55317 CHANHASSEN MN 55317 LARRY DEAN VANDEVEIRE & WALNUT GROVE HOMEOWNERS ELANOR H FOUGNER & 4890 CORD 10 E 2681 LONG LAKE RD 7676 PRAIRIE FLOWER BLVD CHASKA MN 55318 ROSEVILLE MN 55113 CHANHASSEN MN 55317 JOHN HENNESSY & SUSAN P WILSON -SUSAN M ERICKSON 7305 GALPIN 7630 PRAIRIE FLOWER BLVD 2198 BANEBERRY WAY W EXCELS MN 55331 CHANHASSEN MN 55317 CHANHASSEN MN 55317 THEODORE F & MARLENE M BEN DONALD B & JANET L DAHLQUIS TERESA L FOGARTY 7300 GALPIN BLVD 7634 PRAIRIE FLOWER BLVD 2194 BANEBERRY WAY W EXCELSIOR MN 55331 CHANHASSEN MN 55317 CHANHASSEN MN 55317 J P'S LINKS INC PATRICIA K KOHN BRADLEY A & JODENE B THRODA 642 SANTA VERA 7638 PRAIRIE FLOWER BLVD 2190 BANEBERRY WAY W CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CITY OF CHANHASSEN CHARLES B & SHIRLEY A ENGH BRIAN D & VALERIE G POWELL 690 CITY CENTER 7642 PRAIRIE FLOWER BLVD 2186 BANEBERRY WAY W PO BOX 147 CHANHASSEN MN 55317 CHANHASSEN MN 55317 C SSEN MN 55317 IND SCHOOL DIST 112 DAVID W & LINDA J HAGGBLOOM JEANNE C GILBERTSON I 1 PEAVEY RD 7646 PRAIRIE FLOWER BLVD 2170 BANEBERRY WAY W CHASKA MN 55318 CHANHASSEN MN 55317 CHANHASSEN MN 55317 FAMILY OF CHRIST LUTH CHRUC GARY F & JOYCE E ANDERSON ROBERT R & SALLY J SCHULTZ 275 EAST LAKE DR 7650 PRAIRIE FLOWER BLVD 380 MAROPRET CIR PO BOX 388 CHANHASSEN MN 55317 WAYZATA MN 55391 CHANHASSEN MN 55317 BLUFF CREEK PARTNERS GERALD O & DARLENE A SODERL CHARLES E & JEANNE S BEHRING 123.NORTH 3RD ST 7656 PRAIRIE FLOWER BLVD 2162 BANEBERRY WAY W MINNEAPOLIS MN 55401 CHANHASSEN MN 55317 CHANHASSEN MN 55317 RESIDENTIAL DEVELOPMENT INC EARLON L MILBRATH & DAVID D & GINA M FREITAG 15 CHOCTAW CIR 7662 PRAIRIE FLOWER BLVD 2158 BANEBERRY WAY W CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 Smooth Feed SheetSTM Use template for 51600 GREG P & JULIE A SCHILLER 2201 BANEBERRY WAY W CHANHASSEN MN 55317 SHAWNA M GRIEP 2197 BANEBERRY WAY W CHANHASSEN MN 55317 ROBERT S WALKER 2193 BANEBERRY WAY W CHANHASSEN MN 55317 ROBERT P & SARA M ORVIS 2189 BANEBERRY WAY W CHANHASSEN MN 55317 JANET I MARUSKA 2175 BANEBERRY WAY W CHANHASSEN MN 55317 J014N F NEWE 2171 BANEBERRY WAY W CHANHASSEN MN 55317 ERIK J FRITZ & 2167 BANEBERRY WAY W CHANHASSEN MN 55317 LOUIS C ABELA 2163 BANEBERRY WAY W CHANHASSEN MN 55317 LEE S & DEBORAH RAE BELKA 2159 BANEBERRY WAY W CHANHASSEN MN 55317 BRADLEY J & JANETTE M WING 2155 BANEBERRY WAY W CHANHASSEN MN 55317 DWAYNE L WALKER 2145 BANEBERRY WAY W CHANHASSEN MN 55317 ANNETTE M CIESZKOWSKI 2141 BANEBERRY WAY W CHANHASSEN MN 55317 JUNE M CASEY 2137 BANEBERRY WAY W CHANHASSEN MN 55317 JULIE D WAND 2133 BANEBERRY WAY W CHANHASSEN MN 55317 HOLLY M RICKERT 2129 BANEBERRY WAY W CHANHASSEN MN 55317 RICHARD M & MARY V ERVASTI 2125 BANEBERRY WAY W CHANHASSEN MN 55317 JOHN H HEMSWORTH 2100 BANEBERRY WAY E CHANHASSEN MN 55317 ANGELA MARGARET BOBER 2069 BLUE SAGE LN W CHANHASSEN MN 55317 JEFFREY K & MARNE M BUZZELL 4512 49TH ST DES MOINES IA 50310 LINDA J YOUNG 2057 BLUE SAGE LN W CHANHASSEN MN 55317 MICHAEL J HJERMSTAD 2056 WATERLEAF LN W CHANHASSEN MN 55317 STEVEN C & SHANNON K KNOTTS 2062 WATERLEAF PL W CHANHASSEN MN 55317 CONNIE L MUNSON 2068 WATERLEAF PL CHANHASSEN MN 55317 CHAD B ANVARY 7744 BUTTERCUP CT CHANHASSEN MN 55317 JANICE M VANDERZEE 7748 BUTTERCUP CT CHANHASSEN MN 55317 JENNIFER L WUEBKER 7752 BUTTERCUP CT CHANHASSEN MN 55317 JAMES M BROOKS 7756 BUTTERCUP CT CHANHASSEN MN 55317 ADAM R NEISE & 7755 LADY SLIPPER LN CHANHASSEN MN 55317 BARBARA L JOHNSON 7751 LADYSLIPPER LN CHANHASSEN MN 55317 JANET K BEETY 7747 LADYSLIPPER LN CHANHASSEN MN 55317 - - --- -- - Smooth Feed Sheets TM Use template for 51600 SCOTT A JOHNSON 7743 LADYSLIPPER LN CHANHASSEN MN 55317 JOEL W ROBERTSON & 7731 CONEFLOWER CRV S CHANHASSEN MN 55317 JAMES E & JULIE M PERRONE 7729 CONEFLOWER CRV S CHANHASSEN MN 55317 GLORIA KOUKAL 7727 CONEFLOWER CRV S CHANHASSEN MN 55317 DANIEL G & MERIDETH K ORVIS 7725 CONEFLOWER CRV S CHANHASSEN MN 55317 JULIA C OHMAN 7723 CONEFLOWER CRV S CHANHASSEN MN 55317 DAVID D & NANCY R MCALPIN 7718 BLUEBONNET BLVD CHANHASSEN MN 55317 SHELLY D PARKER 7720 BLUEBONNET BLVD CHANHASSEN MN 55317 ANDREW J HUTSON 7722 BLUEBONNET BLVD CHANHASSEN MN 55317 HERBERT L JOHNSON 7724 BLUEBONNET BLVD CHANHASSEN MN 55317 COLLEEN KELLY PUTT 7726 BLUEBONNET BLVD CHANHASSEN MN 55317 GERHART G TOLLER & 7728 BLUEBONNET BLVD CHANHASSEN MN 55317 ADAM K & KRISTIN D PARKER 2101 BANEBERRY WAY E CHANHASSEN MN 553 N RHONDA R HAMMERQUIST 2097 BANEBERRY WAY E CHANHASSEN MN 55317 GREGORY M & JENNIFER A KRAH 2093 BANEBERRY WAY E CHANHASSEN MN 55317 JILL A PETERS 7622 CONEFLOWER CRV S CHANHASSEN MN 55317 JEFFREY G SILUS 7624 CONEFLOWER CRV S CHANHASSEN MN 55317 AMY J GAYER 7626 CONEFLOWER CRV S CHANHASSEN MN 55317 SCOTT D & ANDRINE M DOCKEN 7628 CONEFLOWER CRV S CHANHASSEN MN 55317 WALNUT GROVE HOME ERS 2681 LONG LAKE ROSEVILL MN 55113 WALNUT GROVE HOMEOWNERS 3065 CENTRE POINTE DR N ROSEVILLE MN 55113 WALNUT GROVE VIL ASSN 2681 LONG LA ROSEVIL MN 55113 WALNUT GROVE VILLAS SN 2681 LONG LAKE ROSEVILLE MN 55113 WALNUT GROVE VILLAS ASSN 2681 LONG LAKE ROSEVILLE MN 55113 CITY OF CHANHASSEN----' 690 CITY CENT R PO BOX CHANHASSEN MN 55317 PUBLIC WORKS DEPARTMENT Carver County Government Center Administration Building CARVER 600 East Fourth Street COUNTY Chaska, Minnesota 55318-2192 Phone (612) 361-1010 Fax (612) 361-1025 March 23, 2000 To: David Hemple, Assistant City Engineer, City of Chanhassen From: Bill Weckman, Assistant County Engineer Subject: Interim Use Permit — County Road 17 (Galpin Blvd.) Planning Case. 00-1 Interim Use Permit Administration Parks Engineering Highway Maintenance Surveying & Mapping We have reviewed the information regarding the proposed interim use permit to haul 50,000 cubic yards of excavated materials on the property located at the northeast corner of TH 5 and Galpin Blvd. as transmitted to Carver County by your memorandum dated March 15, 2000. Galpin Boulevard is on the County Road system (County Road 117). Carver County does not object to issuance of this interim use permit. Items to consider before issuing the permit include the following: A bituminous overlay of Galpin Blvd. north of TH 5 is included in the Carver County 2000 construction program with a scheduled bid letting of April 10. The overlay would start north of TH 5 at the northerly limit of the proposed TH 5 work. It is anticipated the work will be completed sometime in June or July 2000. • Carver County assumes the trucks hauling this material will enter the site from Galpin Blvd. south of the proposed overlay work. If trucks are hauling from the north, there needs to be some coordination with Carver County regarding the scheduling of the hauling. • Carver County would expect either the City or the contractor to be responsible for keeping Galpin Blvd. free of dirt, mud and other debris that may be dropped on Galpin Blvd. as a result of this hauling. If this permit were issued we would like a name and phone number for the party responsible for keeping the road clean along with a proposed hauling schedule. Thank you for the opportunity to comment on this proposed interim use permit. If you have any questions regarding these comments, please call me at 612-361-1010. CITY OF CHANHASSEN RECL95WE up MAR 2 4 2000 ENGINEERING DEPT Allirmati e Action/Equal 01)1)ortuni4, Employer Printed on 10% Post- Consioner Xec1'cled Paper 1997 UNIFORM BUILDING CODE APPENDIX CHAPTER 33 3309.8 Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clar- ity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the fol- lowing information: 1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and fill. 3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (4572 mm) of the proposed grading. 3309.9 Issuance. The provisions of Section 106.4 are applicable to grading permits. The building official may require that grading operations and project designs be modified if delays occur which incur weather -generated problems not considered at the time the permit was issued. The building official may require professional inspection and testing by the soils engineer. When the building official has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading. SECTION 3310 - GRADING FEES 3310.1 General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. 3310.2 Plan Review Fees. When a plan or other data are re- quired to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in Table A-33-A. Separate plan review fees shall apply to retaining walls or major drainage structures as re- quired elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. 3310.3 Grading Permit Fees. A fee for each grading permit shall be paid to the building official as set forth in Table A-33-13. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facili- ties. TABLE A-33-A-GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m3) or less............................................................ No fee 51 to 100 cubic yards (40 m3 to 76.5 m3)....................................................... $23.50 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3)................................................... 37.00 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 1113)............................................... 49.25 10,001 to 100,000 cubic yards (7646.3 m3 to 76 455 m3}--$49.25 for the first 10,000 cubic yards (7645.5 m3), plus $24.50 for each additional 10,000 yards (7645.5 m3) or fraction thereof. 100,001 to 200,000 cubic yards (76 456 m3 to 152 911 m3)-$269.75 for the first 100,000 cubic yards (76 455 m3), plus $13.25 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 200,001 cubic yards (152 912 m3) or more-$402.25 for the first 200,000 cubic yards (152 911 m3), plus $7.25 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans ............ $50.50 per hour* (minimum charge -one-half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equip- ment, hourly wages and fringe benefits of the employees involved. TABLE A-33-13-GRADING PERMIT FEES1 50 cubic yards (38.2 m3) or less............................................................... $23.50 51 to 100 cubic yards (40 m3 to 76.5 m3)........................................................ 37.00 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3)-$37.00 for the first 100 cubic yards (76.5 m3) plus $17.50 for each addition- al 100 cubic yards (76.5 m3) or fraction thereof. 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3)---$194.50 for the first 1,000 cubic yards (764.6 m3), plus $14.50 for each additional 1,000 cubic yards (764.6 m3) or fraction thereof. 10,001 to 100,000 cubic yards (7646.3 m3 to 76 455 m3)-$325.00 for the first 10,000 cubic yards (7645.5 m3), plus $66.00 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 100,001 cubic yards (76 456 m3) or more-$919.00 for the first 100,000 cubic yards (76 455 m3), plus $36.50 for each addi- tional 10,000 cubic yards (7645.5 m3) or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours.... .................................................... $50.50 perhout2 (minimum charge -two hours) 2. Reinspection fees assessed under provisions of .. $50.50 per hour2 Section108.8 . ............................................ 3. Inspections for which no fee is specifically ... $50.50 per hour2 indicated. ..................................................... (minimum charge -one-half hour) iThe fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 20r the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. I 1-409 CITY OF � CHANHASSEN STAFF REPORT PC DATE: 4/5/00 CC DATE: REVIEW DEADLINE: 5/3/00 CASE #: VAR #2000-5 By: C. Kirchoff PROPOSAL: (1) Request for a 5 foot variance from the required 10 foot side yard setback for the construction of a screened porch and (2) Planned Unit Development (PUD) Amendment to allow less than a 20-foot separation between structures on adjacent properties. LOCATION: 7163 Fawn Hill Road (Lot 4, Block 3, Woods at Longacres 41h Addition) APPLICANT: David & Carrie Sprosty 7163 Fawn Hill Road Chanhassen, MN 55317 995-5057 PRESENT ZONING: PUD-R, Planned Unit Development 2020 LAND USE PLAN: Residential, Low Density ACREAGE: 17,172 sq. ft. (.39 acre) DENSITY: N/A SUMMARY OF REQUEST: The applicant proposes to construct a screened porch 5 feet from the side yard property line. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. 1 2 3 4 6 CO 7 BILL 8 CHI 9 POI 10 BL 11 W, Sprosty Variance March 29, 2000 Page 2 APPLICABLE REGULATIONS Section 20-615 (5) (c) requires a 10-foot side yard setback for properties zoned RSF, Single Family Residential (Attachment 2). The Woods at Longacres 4`" Addition requires a 20-foot separation between structures with a minimum side yard setback of 6 feet for garages and 9 feet for living areas (Attachment 3). BACKGROUND On April 14, 1997, the final plat for the Woods at Longacres 4t" Addition was approved with 34 conditions. This is a Planned Unit Development (PUD) and its conditions act as a zoning ordinance for the development. The first condition states that the "Developer is responsible for demonstrating a minimum 20 foot separation is provided for side yards as each building permit is requested. Interior side yard setbacks of 6 feet for garages and 9 feet for living areas are permitted." The property to the north has a deck that meets the required setback and separation. It appears as though the proposed screened porch does not meet this PUD 20 foot separation requirement. Thus, a PUD amendment will be required. The applicant would like to construct a 15 foot by 14 foot (2 10 sq. ft.) screened porch and 20 foot by 14 foot (280 sq. ft.) deck. The porch encroaches 5 feet into the 10 foot required side yard setback and the deck meets the required side yard setback. The zoning ordinance states that closed porches must maintain the required setback, whereas, decks may encroach 5 feet into a required front, side or rear setback. Staff believes the neighbor's deck and proposed screened porch are only separatde by 18 feet. ANALYSIS The applicant is seeking a 5 foot variance from the 10 foot side yard setback and an amendment to the PUD that requires a 20 foot separation between structures for the construction of a screened porch. The proposed screened porch is accessed via a patio door on the main level. The porch provides access to a deck. The home was constructed in 1998. Site Characteristics The lot is 17,172 sq. ft. (average depth 213 feet and width 80 feet). The buildable area is limited by the required 30 foot front yard setback, 10 foot side yard setbacks and the 30 foot rear yard setback. Permitted Use This site is zoned PUD-R, Planned Unit Development- Residential. A single family home can be legally constructed on the site. The zoning ordinance (Section 20-1124 (2) f) requires two parking Sprosty Variance March 29, 2000 Page 3 spaces, both of which shall be completely enclosed for single-family dwellings. Currently, a single family dwelling with a three -stall garage is on site. Reasonable Use A reasonable use is defined as the use made by a majority of comparable property within 500 feet. A "use" can be defined as "the purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained." In this case, because it is in a PUD-R zoning district, a reasonable use is a single-family home with a two -stall garage. The property owner currently has a reasonable use of the site. It is not a hardship to be without a screened porch. Furthermore, a deck could be constructed that meets ordinance and PUD requirements. Alternative The applicant can construct a deck without a variance, as long as it meets the 20 foot separation required by the PUD. It will be smaller than the proposed porch, but it will still allow the utilization of the existing patio door. The justification for the variance is to utilize their backyard in a manner similar to adjacent properties. The lack of a screened porch does not preclude the property owner from enjoying or utilizing the property. A deck can be constructed on the property without a variance or an amendment. The hardship is self-created. The applicant is the original owner of the home and selected the plan. Although it complies with ordinance, the home's footprint created the difficulty. Clearly, the screened porch and deck should have been designed to maintain the required setbacks at the time of home construction. Staff does not support the variance or the amendment because a hardship has not been demonstrated. The applicant has an opportunity to construct a deck that meets ordinance requirements. Furthermore, the proposed screened porch does not meet the conditions approved as part of the Woods at Longacres development. FTNI)INGS The Planning Commission shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow.a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. Sprosty Variance March 29, 2000 Page 4 Finding: The literal enforcement of the ordinance does not create a hardship because a deck can be constructed on the site without a variance. Approving the variance will depart downward from pre-existing standards and set a precedent. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are applicable to all properties in the PUD-R zoning district. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The screened porch will increase the value of the property, however, staff does not believe that is the sole reason for the request. d. The alleged difficulty or hardship is not a self-created hardship. Finding: Since the applicant is the original owner of the property and selected the house plan, the hardship is self-created. It was shown, as part of the subdivision process, that a reasonable use could be made of the property within the required setbacks. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood; however approving the request will permit a structure to be located closer to a side property line than would be normally found in this PUD. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. However, it will decrease the required separation between two structures. Sprosty Variance March 29, 2000 Page 5 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies Variance #2000-5 for a 5 foot variance from the 10 foot side yard setback and PUD Amendment to permit less than a 20 foot separation between structures for the construction of a screened porch based upon the following: 1. The applicant has a reasonable use the property. 2. The applicant can construct a deck on the site without a variance or an amendment." ATTACHMENTS 1. Application and Letter 2. Section 20-615, RSF District Requirements 3. Conditions of Approval for Woods at Longacres 4th Addition 4. Survey and Porch/Deck Plans 5. Public hearing notice gAplan\ck\boa\sprosty var 00-5.doc 12/30/99 15:52 FAX 612 S37 57 CITY OF CRVi HASSEN Z 004 0 C�•ry me r A—bw -SEN CITY OF CHANHASSEN LIAR 0 3 2000 690 COULTER DRIVE CHANHASSEN, MN 55317 (612)937-1900 DEVELOPMENT ASVIEW APPLICATION APPLICANT' )1 V 1 fl � OWNER: ADDRESS: _ la3� Iu' ADDRESS: TELEPHONE (Day tirrir) 0 Z - 1 `7 ' � TELEPHONE: E1,1LO 11 low r v�Y Comprehensive Plan Amendment � Temporary Sales Permit Conditicnai Use Permit _ Vacat on ct ROW/casements Interim Use Permit Variance `S b --- i Nor. -conforming Use Permit I Wet!and Alteration Permit .--- ! Planned Unit Development` Zoning Appeal 4 Rezoning Zoning Ordinance Amendment ` Sicn Permits I` l I ! Sign Plan Review t�]otificat on Sign I Site Plan Review' ?: Es: roar/(,or Filirn� Fees/Attorrey Ccst'" '~ ) ;(� E✓UP,SPR/VAC/1JAR,1WA. e, and Bounds, $400 Minor SUS) TOTAL FEE $ ---- Subdivision" !I A list of all property owners within 500 feet of the: boundaries of the property must be included with the aPn!lcation. - '? s. 7 -s x u size o ed copies of h4.platrsTnusl be submitted, including an 872" ira�ssp or ea " Escrow wilt be required tot other ap ions through the development contract t`OTE -When multiple applications are processed, the appropriate fee shall be charged for each application. of 12/30/99 15:52 P'AX 612 937 3'3S ____ CITY OF CHANHASSEN (a0p5 PROJECT LOCATIOr LEGAL DE-SCRiPTION TOTALACREAGE WETLANDS PRESEW YES NO PRESENT ZONING �i'%l D�.►S REQUESTED ZONING PRESmT LAND USE DESIGNATION REO VESTED LAND USE DESIGNATION p i Br-ASON FOR THIS REQUEST r �k f (" This application must be completeo in fuit and be typewritten or clearly printed and must be accompanled by all information and plans required by applicable My 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 applicatior, shall be made within ten business days of application submittal. A written notice of application deticlen�ies shall be mailed to the applicant wthln ten business days of application. This is to certify that'. ani making application for the described aeon,ryy the City and that I am responsible for complying with all City requirements with regard 'cc 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), cr I am the authorized person to make this application and the fee owner has a'so signed this app'lcation. t vAl keep myself informed of the daatlines for submission of material and Me progress cf 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 knowiedya. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public gearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an atnomatic 60 day extensign-Sr evelopment review. Development review shall be completed within 120 days unless additional review eater ^roved by the ap , plicanit. Signature of ate Signature of Fee Owner Date ., f C9ii Application Received an 3 �� Fee Paid / ��'� Receipt t lo. �. The applicant should contact staff for a copy of the staff report which will be available on Fr;day prior to the meeting. If not contacted, a copy of the report will be mailed to the appllcanVs address. CITE''-' - "`J&(ZSEt1 Variance request for: MAR 0 3 2000 7163 Fawn Hill Road Chanhassen, MN 55317 c"""rito To Whom It May Concern: David and Carrie Sprosty, residents of the above address, are requesting a 5-foot variance spanning 5 feet in the northeast corner of our home on the northeast lot line of our property to enable us to build a screened in porch. Our four -year -old child has allergic reactions to insect bites and can't be outside in the evening during summer time. Neither can Mrs. Sprosty. When we made our move into the neighborhood, a pre -requisite was a screened in porch. The literal enforcement of this chapter would cause undue hardship. This hardship was created when the builder, Lundgren Brothers, failed to properly situate our home on the lot to facilitate the ability to put in the screened in porch that the house had been designed to accommodate. Our home was built with the sliding door for this porch in the northeast corner. We were not made aware of the incompetence of the builder until we solicited the bids from contractors recommended by the builder to construct the porch. Only then were we informed that a ten -foot easement was required. The only way to build even a small screened in porch off of the house requires a variance. This variance blends with the pre-existing standards for the neighborhood because many of the same model home have a screened in porch feature. If we had gone with the preferable model used by others, we actually would have infringed upon our neighbors lot line by several feet. The plans drawn are a compromise. We haven't received any objections from our neighbors on this issue to date. The granting of the variance will not be detrimental to the public welfare of injurious to other land or improvements in the neighborhood. It will not impair an adequate supply of light and air to adjacent properties or substantially increase the congestion of the public streets, or increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neighborhood. If anything, it will increase the value of the surrounding homes. Thank you for your con 'deration, Dave and arrie Sprosty /�-TT7\C4-t-k/l Jt.T 2-- § 20-595 CHANHASSEN CITY CODE b. For accessory structures, three (3) stories/forty (40) feet. (7) The minimum driveway separation is as follows: a. If the driveway is on a collector street, four hundred (400) feet. b. If the driveway is on an arterial street, one thousand two hundred fifty (1,250) feet. (Ord. No. 80, Art. V, § 4(5-4-5), 12-15-86; Ord. No. 127, § 2, 3-26-90; Ord. No. 170, § 2, 6-8-92; Ord. No. 194, § 2, 10-11-93) Sec. 20-596. Interim uses. The following are interim uses in the "RR" District: (1) Commercial kennels and stables. (Ord. No. 120, § 3, 2-12-90) Editor's note —Inasmuch as there exists a § 20-595, the provisions added by § 3 of Ord. No. 120 as § 20-595 have been redesignated as § 20-596. Secs. 20-597-20-610. Reserved. 1 ARTICLE XII. 'ESF' SINGLE-FAMELY RESIDENTIAL DISTRICT Sec. 20-611. Intent. The intent of the "RSF" District is to provide for single-family residential subdivisions. (Ord. No. 80, Art. V, § 5(5-5-1), 12-15-86) Sec. 20-612. Permitted uses. The following uses are permitted in an 'RSF" District: (1) Single-family dwellings. (2) Public and private open space. (3) State -licensed day care center for twelve (12) or fewer children. (4) State -licensed group home serving six (6) or fewer persons. (5) Utility services. (6) Temporary real estate office and model home. (7) Antennas as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 5(5-5-2), 12-15-86; Ord. No. 259, § 11, 11-12-96) Sec. 20-613. Permitted accessory uses. The following are permitted accessory uses in an "RSF" District: (1) Garage. Supp. No. 9 1210 ZONING (2) Storage building. (3) Swimming pool. (4) Tennis court. (5) Signs. (6) Home occupations. (7) One (1) dock. (8) Private kennel. (Ord. No. 80, Art. V, § 5(5-5-3), 12-15-86) Sec. 20-614. Conditional uses. The following are conditional uses in an "RSF" District: (1) Churches. (2) Reserved. (3) Recreational beach lots. § 20-615 (4) Towers as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 5(5-5.4), 12-15-86; Ord. No. 120, § 4(4), 2-12-90; Ord. No. 259, § 12, 11-12-96) State law reference Conditional uses, M.S. § 462.3595. Sec. 20-615. Lot requirements and setbacks. The following minimum requirements shall be observed in an "RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter and chapter 18: (1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the "neck" has been excluded from consideration. (2) The minimum lot frontage is ninety (90) feet, except that lots fronting on a cul-de-sac "bubble" or along the outside curve of curvilinear street sections shall be ninety (90) feet in width at the building setback line. The location of this lot is conceptually Supp. No. 9 1211 § 20-615 CHANHASSEN CITY CODE ' illustrated below. Lots Where Frontage to Measured At Setback Line •►••M• 1,on•? • L (3) The minimum lot depth is one hundred twenty-five (125) feet. The location of these lots is conceptually illustrated below. Lot width on neck or flag lots and lots accessed by private driveways shall be one hundred (100) feet as measured at the front building setback line. Neck / Flap Lots Fronj Lot Line 1 1 1 1 100"Lot Width 1 t IT `+•'~I 1 L -- L J (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) percent. (5) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. Supp. No. 9 1212 ZONING C. For side yards, ten (10) feet. § 20-632 (6) The setbacks for lots served by private driveways and/or neck lots are as follows: a. For front yard, thirty (30) feet. The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot lines. On neck lots the front yard setback shall be measured at the point nearest the front lot line where the lot achieves a one -hundred -foot minimum width. b. For rear yards, thirty (30) feet. C. For side yards, ten (10) feet. (7) The maximum height is as follows: a. For the principal structure, three (3) stories/forty (40) feet. b. For accessory structures, twenty (20) feet. (Ord. No. 80, Art. V, § 5(5-5-5), 12-15-86; Ord. No. 90, § 1, 3-14-88; Ord. No. 127, § 3, 3-26-90; Ord. No. 145, § 2, 4-8-91; Ord. No. 240, § 18, 7-24-95) Editor's note —Section 2 of Ord. No. 145 purported to amend § 20-615(6)b. pertaining to accessory structures; such provision were contained in § 20-615(7)b., subsequent to amend- ment of the section by Ord. No. 127. Hence, the provisions of Ord. No. 145, § 2, were included as amending § 20-615(7)b. Sec. 20-616. Interim uses. The following are interim uses in the "RSF" District: (1) Private stables subject to provisions of chapter 5, article IV. (2) Commercial stables with a minimum lot size of five (5) acres. (Ord. No. 120, § 3, 2-12-90) Secs. 20-617-20-630. Reserved. ARTICLE XIII. "R-4" MIXED LOW DENSITY RESIDENTIAL DISTRICT Sec. 20-631. Intent. The intent of the "R-4" District is to provide for single-family and attached residential development at a maximum net density of four (4) dwelling units per acre. (Ord. No. 80, Art. V, § 6(5-6-1), 12-15-86) Sec. 20-632. Permitted uses. The following uses are permitted in an "R,-4" District: (1) Single-family dwellings. (2) Two-family dwellings. Supp. No. 9 1213 MNT aJ CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 0 FAX (612) 937-5739 April 17, 1997 Mr. David Hinners Lundgren Bros. 935 E. Wayzata Blvd. Wayzata, MN 55391 Dear Mr. Hinners: This letter is to formally notify you that on April 14, 1997, the City Council approved the final plat for The Woods at Longacres 4th Addition (#93-3 PUD) for 28 lots and 5 outlots as shown on the plans stamped Received March 12, 1997, and subject to the following conditions: Developer is responsible for demonstrating a minimum 20 foot separation is provided for side yards as each building permit is requested. Interior side yard setbacks of 6 feet for garages and 9 feet for living areas are permitted. Side yard setback of 10 feet is required for all free standing accessory structures. All lots must comply with all other rear and front yard setbacks. 2. Unless already on the site, at least two trees must be planted on each lot. However, none of these trees shall be credited to buffering requirements along Galpin nor placed upon commonly held outlots. Trees to be selected from approved city list of over story trees, minimum 2 %z diameter at time of installation. Seed and sod is required for all disturbed areas. A letter of credit or cash deposit is required at time of building permit to guarantee installation. Streetscape shall be consistent with plans from Ernst and Associated stamped Received March 12, 1997, Engineering Department. An overall development landscape plan shall be prepared and submitted to the city for review and approval. 3. Tree Preservation/Landscaping: a. Tree plantings to meet minimum size standards in City Code and be selected from the official tree list. b. Landscaping to be covered by satisfactory financial guarantees. Detailed plans for the Galpin Blvd. landscape buffer (and berming where feasible) shall be consistent with the Illustrative Site Plan, Song/Carlson Property, Conceptual Landscape Plan prepared by Schoell & Madson, Inc., stamped official copy, dated stamped April 14, 1997. Mr. David Hinners April 17, 1997 Page 3 11. The street names Majestic Oaks Drive and Meadowbrook Court shall be changed. The Public Safety Department shall review and approve of the revised street names. 12. No berming or drainage facilities will be allowed to encroach upon the Galpin Boulevard right-of-way. 13. The developer and/or contractor shall report to the City Engineer the location of any drain tiles found during construction. The City Engineer will determine whether or not to abandon or redirect the tile to the storm sewer system. 14. A 10 foot clear zone must be maintained around fire hydrants so as to avoid injury to fire fighters, i.e. NSP transformers, street lights, cable television and telephone boxes and landscape plantings. 15. A native vegetative buffer strip 10 feet in width shall be maintained around the natural wetlands on the site. This will limit grading to within 10 feet of the wetland. The grading plan shall be modified accordingly. 16. The landscaped median island shall be maintained by the homeowners association through the means of the declaration of covenants. Should the median not be well maintained or becomes a public safety hazard, the city reserves the right to remove the landscaping and/or entire median. The city shall not be liable for damage to the landscaping or irrigation system as a result of snow plowing operations. 17. The applicant shall meet wetland fill and wetland mitigation conditions as stated in Corps of Engineers, Section 404 permit 94-02389-SW-GAE. Mitigation work shall be implemented prior to or concurrent with wetland fill activity in future phases of the project. 18. Type III erosion control shall be installed and maintained around all wetlands during construction until the site has been revegetated. 19. The developer shall provide a full-time, state certified inspector for the construction of Longacres Drive. 20. The developer shall work with City staff in determining where retaining walls should be constructed along Majestic Oak Lane to save trees and minimize grading. The retaining walls may encroach the right-of-way; however, the City shall not be responsible for maintenance, repairs or replacement. Mr. David Hinners April 17, 1997 Page 5 eventual alignment must be conducive to future trail construction and is subject to approval as a part of the grading plan review. Planting of trees shall be restricted to areas west of the trail bench. 32. No lots shall have direct access onto Galpin Blvd. Or Longacres Drive except on Lots 1- 3, Block 3, Lots 6-8, Block 4 and Lots 1-4, Block 5. 33. The street grades on Longacres Drive shall be adjusted to conform to City standards which is between 0.75% and 7%. Longacres Drive shall be constructed to meet State Aid standards for a 7 ton street design. 34. Decorative street lighting shall be installed along Longacres Drive. Two mylar copies of the final plat with a 1 "=200' and 1 "=500' scale mylar reductions should be submitted to our office for signatures, along with the signed development contract and all required financial securities. Also, landscaping, detailed grading, drainage, erosion control and tree preservation plans must be submitted to the city prior to recording. Should you have any questions, please feel free to contact me. Sincerely, b4r)-rl-joc1 Vi4,� Cynthia Kirchoff Planner I CK:v c: Dave Hempel, Asst. City Engineer Steve Kirchman, Building Official g:\plan\ck\woods4th.e (74- L i�D ' C`Y C7 -ONI D Or i Y� I I Q J L � 1 •� y I G . rj ' �tT � • Co CD �v _ a ``J �6 d0 \Ol S*�. Required 20 foot separation Requested 5 foot setback A-T-T-7\ U-l-tal1 �- A w _ v $ 8 O rn � r • • Re Ila to w O Z Z n Q * O IF o 0 VACANT I! - -ki. �__ ALL RpgD WATMOM_ L — siwrrAW spa _ .SX ow. ,0 �'` VACANT a a 4. r C MAR 0 3 200f! CHAi-_ I fui'• I t '1 } cat \ T LL1 i w p u% o C n, s ;. d /f ZE- VO z LL (r C= C5 C=) L NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAYy APRIL 51 2000 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Side Yard Setback APPLICANT: David Sprosty Variance LOCATION: 7163 Fawn Hill Road NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, David Sprosty, is requesting a variance from the required 10 foot side yard setback for the construction of a screened porch, located at 7163 Fawn Hill Road. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. . 4. Public hearing is closed and the Commission discusses project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Cindy at 937-1900 ext. 117. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on March 23, 2000. CITY OF CHANHASSE /O SCOTT BOTCHER 690 CIy R DR PO BOCHAN, MN 55317 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN, MN 55317 DAVID R & CARRIE D SPROSTY 7163 FAWN HILL RD CHANHASSEN, MN 55317 LUNDGREN BROS CONSTRUCTION 935 WAYZATA BLVD E WAYZATA, MN 55391 FREDRICK M & CHERYL A HISSONG 7175 FAWN HILL RD CHANHASSEN, MN 55317 LUNDGREN BROS-' CONST/ON 935 W TA BLVD E WAYZATA, MN 55391 ROBERT C & KRISTINE R COSGROVE 7187 FAWN HILL RD CHANHASSEN, MN 55317 LUNDGREN BROS CONSTRU,GTCON 935 WAYZATA BLVD E WAY;6kTA, MN 55391 LUNDGREN BROS CONSTRUC.T4 N 935 WAYZATA BLVD E WAYZATA, MN 55391 DANIEL J & LAUREL J BERGREN 7214 FAWN HILL RD CHANHASSEN, MN 55317 GARY P & JANET M RZONCA SCOTT F & GREER A HUSSEY 7230 FAWN HILL RD 2235 LONGACRES DR CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 PRINCE R NEL�S,O..-N-� LUNDGREN BROS 7801 AUD .BffiN RD CONSTRUCTIO C ASSEN, MN 55317 935 >YZAA BLVD E ,VVAYZATA, MN 55391 DONOVAN J LOHRENZ LUNDGREN BROS 7201 LODGEPOLE PT CONSTRUCTI CHANHASSEN, MN 55317 935 WA A BLVD E W TA, MN 55391 LUNDGREN BR PS-- SCOTT CARL & KATHRYN M CONST5jQ,MN WOSJE 935 ZATA BLVD E 7125 NORTHWOOD CT AYZATA, MN 55391 CHANHASSEN, MN 55317 LONGACRES HOMEOWNERS PAISLEY PARK ENTERPRISES INC ASSN INC C/O LUNDGREN BROS 7801 AUDUQN"K.0 CONST INC CHASEN, MN 55317 935 WAYZATA BLVD E �✓ WAYZATA, MN 55391 DENISE R OWENS PAISLEY PARK ENTERPRISES INC 2125 LONGACRES DR 2178 RED FOX CIR CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 LUNDGREN BROS >' LUNDGREN BROS CONSTRUCTJON CONSTRUCTION INC C/O DORSEE 935 WAYZATA BLVD E T UNDERWOOD WAYZATA, MN 55391 15390 18TH AVE N #105 PLYMOUTH, MN 55447 DALE H & SHEILA L HILL ROBERT M BOLDEN CAROLYN S 2165 LONGACRES DR BOLDEN CHANHASSEN, MN 55317 2188 RED FOX CIR CHANHASSEN, MN 55317 LONGACRES HOMEOWNERS PAUL J & LYNNETTE A OLSON ASSN INC C/O LUNDGREN BROS 2189 RED FOX CIR CONE, IN CHANHASSEN, MN 55317 935 W",AYZATA BLVD E WAYZATA, MN 55391 LUNDGREN PROS PAUL G & RENEE D HELLER CONST CTION 2198 RED FOX CIR 935 ,WAYZATA BLVD E CHANHASSEN, MN 55317 WAYZATA, MN 55391 ROBERT LESTER SHEEHAN LETICIA ANA SHEEHAN 2199 RED FOX CIR CHANHASSEN, MN 55317 '' H w F- CITY OF % ]'�%Iov - CHANHASS N PC DATE: 4/5/00-^°-*^� CCDATE: REVIEW DEADLINE: 4/25/00 STAFF REPORT By: Generous:v PROPOSAL: Request for a five foot variance from the 10 foot side yard setback for the construction of a garage. LOCATION: 7010 Dakota Avenue APPLICANT: Steven & Monica Posnick 7010 Dakota Avenue Chanhassen, MN 55317 PRESENT ZONING: ACREAGE: DENSITY: ADJACENT ZONING AND LAND USES: WATER AND SEWER: PHYSICAL CHARACTER: 2000 LAND USE PLAN: RSF, Single Family Residential 40,456 sq. ft. N/A N: RSF, Single Family Residential S: RSF, Single Family Residential E: Lotus Lake W: RSF, Single Family Residential Available to the site A single family home with an attached two -stall garage exits on the site. Low Density Residential Lotus Lake !MOMI\! Posnick Variance 400-4 April 5, 2000 Page 2 APPLICABLE REGULATIONS Section 20-615 (5)of the zoning ordinance requires a 10 foot side yard setback for properties zoned RSF (Attachment 2). BACKGROUND The property is located in Colonial Grove Addition. This home was constructed in 1958 prior to the 1972 zoning ordinance. The existing 19.7 foot by 35.3 foot attached garage does not meet the 10 foot side yard setback currently required by ordinance. The subject property is approximately 40,456 sq. ft. It is 115 feet in width (90 feet required) and 284 feet in depth (125 feet required). The table displays the setbacks maintained by the existing home. TABLE 1 Setbacks For 7010 Dakota Avenue Setback Distance Required Distance Maintained Front/Dakota Ave. 30 feet 83 feet Side 10 feet West: 5.9 feet East: 25.6 feet Rear 75 feet 115 feet The applicant would like to construct a detached garage to the northwest of the existing garage. The applicant could build a detached garage that would comply with setback requirements. An area 53 feet deep exists that could be used to build a detached garage. The applicant could shift the garage five feet to the east and realign one leg of the driveway and build the proposed garage. The applicant could purchase a five foot strip of land from the adjacent property that would permit them to build the garage in the proposed location. There are numerous ways that the applicant could build on the site and comply with city ordinance requirements. ANALYSIS The applicant is requesting a five foot variance from the 10 foot side yard setback for the construction of a detached garage. The existing garage was constructed at a 5.9 foot side yard setback. The applicant seeks to increase the nonconforming setback through the construction of a detached garage five feet from the side lot line. The. applicant, as part of the rebuilding the garage, must provide the city with a detailed grading, drainage and erosion control plan. Additionally, any portion of the garage less than three feet from the property line must be one -hour fire-resistant construction. Posnick Variance 400-4 April 5, 2000 Page 3 Site Characteristics The topography of the site does not limit the buildable area to the extent a variance is needed to construct a garage. The applicant could build a detached garage that would comply with setback requirements without the need for a variance. It is possible to construct a garage that complies with ordinance. Permitted Use This site is zoned RSF, Single Family Residential. A single family home can be legally constructed on the site. The zoning ordinance (Section 20-1124 (2) f) requires two parking spaces, both of which shall be completely enclosed for single family dwellings. Currently, a single family dwelling with two covered parking spaces is present on the site. Reasonable Use The buildable area (approximately 21,915 sq. ft. or 122 feet by 179 feet) is not constrained by the literal enforcement of the zoning ordinance. The required setbacks do not limit the buildable area to make it impossible to construct a garage without a variance. The property owner has the opportunity to make a reasonable use of the site without any variances. A reasonable use is defined as the use made by a majority of comparable property within 500 feet. A "use" can be defined as "the purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained." In this case, because it is in a RSF zoning district, a reasonable use is a single family home with a two -stall garage. The owner has a reasonable use of the property. A variance is granted when a hardship is present. That is, the property owner cannot make a reasonable use of the site without relief from the ordinance. In this instance, the owner can construct a detached garage within the buildable area. Nonconforming Setback The existing garage maintains a nonconforming 5.9 foot side yard setback. (Staff assumes that the error in locating the house so close to the lot line was due to the location of the fence on the abutting property being off the lot line.) The zoning ordinance permits a nonconforming structure to be maintained or repaired but only to 50 percent of its value. It also states that a nonconformity shall not be increased. Specifically, the ordinance states if a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. The proposed garage does not meet the required five foot side yard setback and will expand the nonconforming setback. Staff believes that a variance should not be granted because it will increase the nonconformity of the setback. It is not reasonable to assume that since the existing garage maintains a 5.9 foot Posnick Variance #00-4 April 5, 2000 Page 4 setback, that a variance will or should be granted. There is ample area on the lot to construct at detached garage without the need for a variance. Neijzhborhood Setbacks Staff surveyed city records to determine if side yard setback variances had been granted in the area. This survey turned up no cases of side yard setback variances. Additionally, the lots in the area are sufficiently large so that it would not be necessary to encroach in to any required setbacks. Yard Encroachments In cases where a variance is granted, the zoning ordinance does not permit any encroachments into the setback such as eaves or bay windows. If a variance is granted, the setback shall be measured from the edge of the eave of the garage. Staff recommends denial of the 5-foot variance request because the applicant has not demonstrated a hardship and construction of the detached garage could built that complies with the required setback. FINDINGS The Planning Commission shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. Finding: The literal enforcement of the ordinance does not create a hardship. Approving the variance will increase the nonconformity of the setback and depart downward from pre- existing standards. A detached garage could be constructed that would comply with setback requirements without the need for a variance b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are applicable to all properties in the RSF zoning district. Posnick Variance 400-4 April 5, 2000 Page 5 C. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The construction of a detached garage will increase the value of the property, however, staff does not believe that is the sole reason for the request. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The home was constructed prior to the ordinance, so the hardship is not entirely self-created. However, sufficient buildable area exists to accommodate a detached two or three car garage within the required setbacks. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. However, the granting of the variance will allow the expansion of a nonconformity, which could contribute to a downward deviation of standards in the neighborhood. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. However, permitting the 5 foot variance would increase the nonconformity of the setback. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends denying the request for Variance #00-4 for a 5 foot variance from the 10 foot side yard setback for the construction of a detached garage based upon the staff report and the following: 1. The applicant has not demonstrated a hardship to warrant a variance. 2. The applicant could build a detached garage without a variance. 3. Sufficient buildable area exists on the site at the required setbacks to permit the construction of a garage." Posnick Variance #00-4 April 5, 2000 Page 6 ATTACHMENTS 1. Application and Letter 2. Section 20-615, RSF District Requirements 3. Lot Survey 4. Public hearing notice and property owners list gAplan\bg\var. 00-4 Posnick.doc CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION �APPLiCANT: ✓ � Cv �'' � ADDRESS: I TELEPHONE(Daytime) Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review' Subdivision' CjTV op, runr.Mu.asSEN FEB 2 5 2000 CFiNw� ,. -. -, , Or -PT OWNER: ADDRESS: TELEPHONE: 6, tZ-- za,_c'�/,1L- — Temporary Sales Permit Vacation of ROW/Easements Variance 75 Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign X Es0($50 Filing Fees/Attorney Cost" UP/SPRNACNAR/WAP/Metes ounds, $400 Minor SUB) TOTAL FEE $ t 1� ATist of all property owners within 500 feet of the boundaries of the property must be included with the application. BOi ding mate I samples must b ..submitted with site plan reviews. "Twenty-six full size fo d opies of the plans must be submitted, including an 8'/i' X 11" reduced copy of transparency for each,plan Meet. "Escrow will be required for other ap i ations through the development contract NOTE -When multiple applications are processed, the appr date fee shall be charged for each application. ' NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION _ &t ; �1uck- CoIv,,`I 6 m Q f ZAul, b\k&. PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION �] REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST of h make_ This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should. confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 'This is to certify that 1 am making application for the described action by the City and that I am responsible W 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 1 have submitted are true and correct to the best of my knowledge. ] also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's Office and the original document returned to City Hall Records. Signature of Applicant Date C Signature of Fee Owner Date Application Received on 2- 7-0 DO Fee Paid r Receipt No. ' The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, 8 copy of the report will be malled to the snntlnant'st Aririraac. February 24, 2000 FEB 2 5 K00 Re: 7010 Dakota Avenue Chanhassen Owners: Steven and Monica Posnick To the Chanhassen Planning Commission: We are requesting a side lot set back of T to build a 24' by 24' detached garage at our residence in the location drawn on the enclosed lot survey. We are in need of additional garage space. The interior of our existing tuck -under garage measures 18' wide by 23' deep. This is very small for a two car garage by today's standards. Our home was constructed in 1958 by Bloomberg Company with no basement or crawl space. This leaves my family with very minimal space for typical household storage such as bikes, yard equipment and supplies, snow removal equipment, auto supplies, ladders, snow ski equipment, etc. This also means that we have no area for household projects or a home workshop which are typically in basement or garage spaces. Our two cars squeeze in with no room along the side walls for any storage. People can just sneak by along the sidewalls and between the cars. No car doors can completely open and partially opened car doors hit the walls or the adjacent car. With both cars parked in the garage there is little room from the front bumpers to the wall to allow passage around the front of the cars and into the house. There is a low ceiling height in most of the garage of 7'. There is very minimal, if any, room for storage. The house is 3,400 sq. ft and has 5 bedrooms. Like -sized homes in this and comparable neighborhoods typically have a minimum of 3 garage stalls with many newer homes have 4 stalls. 65% of the 17 lakeshore homes in our Colonial Grove neighborhood have 3 or more garage stalls as do 57% of the 21 homes within 500 feet of our property. Dakota Avenue is a narrow street which offers no off-street parking and our house is situated on a curve. We have two children that will be 17 years and 15 years old in June, 2000, and we'll soon have one or two additional cars for the neighbors to look at. Our goal is to have the new garage look like it has always been an original part of the house and to minimally disrupt the lot. By not attaching it to the house, we will not need to remove a very large, mature Maple tree that is near the existing garage. The new garage placement also allows for only minor patching and repairs to the existing bituminous driveway without changing the elevations or appreciably increase the existing driveway surface area. The location and design of the garage will appear to be neither a garage nor detached from most street views. The new garage wall facing the street will mimic the house front at the opposite end with double windows, shutters, and a matching awning. The roof gable peak will face the street in order to visually move the maximum height away from the lot line and also match the opposite end of our house. The exterior walls will be bricked to an 8' height with matching wood siding above to the gable peaks. The overhead garage door will face the opposite side lot property line. The new overhead door and exterior lights will match the existing garage. The garage will have frost footings and a foundation. We find that we need a minimal depth of 24'. This will allow additional parking of two vehicles and adequate additional storage and work space. The distance from the proposed side property line to Mr. and Mrs. Herb Bloomberg's residence, the adjacent house, is over 70'. The Bloomberg's existing side lot wood fence varies from 9' to 11' from the proposed new garage wall. The grounds between the Bloomberg home and the side lot line are wooded with many large, mature trees that are well away from the lot line. Given the existing distances from the adjacent home, fence and treed grounds, the Y variance should not negatively impact our neighbors visually or physically. Along with the lot survey, I have also enclosed the Variance Application, check, photographs of our house, a copy of our Certificate of Title, and a list of names and addresses of homes within 500' of our property. Thank you for your consideration. Sincerely, r AV, ,��, Steven M. Posnick Monica Posnick IN ZONING (2) Storage building. (3) Swimming pool. (4) Tennis court. (5) Signs. (6) Home occupations. (7) One (1) dock. (8) Private kennel. (Ord. No. 80, Art. V, § 5(5-5-3), 12-15-86) Sec. 20-614. Conditional uses. The following are conditional uses in an "RSF" District: (1) Churches. (2) Reserved. (3) Recreational beach lots. § 20-615 (4) Towers as regulated by article XOX of this chapter. (Ord. No. 80, Art. V, § 5(5-5.4), 12-15-86; Ord. No. 120, § 4(4), 2-12-90; Ord. No. 259, § 12, 11-12-96) State law reference —Conditional uses, M.S. § 462.3595. Sec. 20-615. Lot requirements and setbacks. The following minimum requirements shall be observed in an "RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter and chapter 18: (1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the "neck" has been excluded from consideration. (2) The minimum lot frontage is ninety (90) feet, except that lots fronting on a cul-de-sac "bubble" or along the outside curve of curvilinear street sections shall be ninety (90) feet in width at the building setback line. The location of this lot is conceptually Supp. No. 9 1211 § 20-615 illustrated below. CHANHASSEN CITY CODE Lots Where Frontage is Measured At Setback Line (3) The minimum lot depth is one hundred twenty-five (125) feet. The location of these lots is conceptually illustrated below. Lot width on neck or flag lots and lots accessed by private driveways shall be one hundred (100) feet as measured at the front building setback line. N*ck / Flao Lots Fronj Lot Line 1 1 1 1 1 oo'Lot width L _ L•_._i_ _J (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) percent. (5) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. Supp. No. 9 1212 ZONING § 20-632 C. For side yards, ten (10) feet. (6) The setbacks for lots served by private driveways and/or neck lots are as follows: a. For front yard, thirty (30) feet. The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot lines. On neck lots the front yard setback shall be measured at the point nearest the front lot line where the lot achieves a one -hundred -foot minimum width. b. For rear yards, thirty (30) feet. C. For side yards, ten (10) feet. (7) The maximum height is as follows: a. For the principal structure, three (3) stories/forty (40) feet. b. For accessory structures, twenty (20) feet. (Ord. No. 80, Art. V, § 5(5-5-5), 12-15-86; Ord. No. 90, § 1, 3-14-88; Ord. No. 127, § 3, 3-26-90; Ord. No. 145, § 2, 4-8-91; Ord. No. 240, § 18, 7-24-95) Editor's note --Section 2 of Ord. No. 145 purported to amend § 20-615(6)b. pertaining to accessory structures; such provision were contained in § 20-615(7)b., subsequent to amend- ment of the section by Ord. No. 127. Hence, the provisions of Ord. No. 145, § 2, were included as amending § 20-615(7)b. Sec. 20-616. Interim uses. The following are interim uses in the "RSF" District: (1) Private stables subject to provisions of chapter 5, article IV. (2) Commercial stables with a minimum lot size of five (5) acres. (Ord. No. 120, § 3, 2-12-90) Secs. 20-617-20-630. Reserved. ARTICLE IOII. 'R-4" MIXED LOW DENSITY RESIDENTIAL DISTRICT Sec. 20-631. Intent. The intent of the "R-4" District is to provide for single-family and attached residential development at a maximum net density of four (4) dwelling units per acre. (Ord. No. 80, Art. V, § 6(5-6-1), 12-15-86) Sec. 20-632. Permitted uses. The following uses are permitted in an "R-4" District: (1) Single-family dwellings. (2) Two-family dwellings. Supp. No. 9 1213 CERTIFICATE OF SURVEY FOR STEVE POSNICK DAKOTA AVENUE , EDGE R=160.2 BINMN�.��•537.� AltoK)"71 CITY pE CHANHASSEN FEB 2 5 2000 LEGEND • DENOTES FOUND IRON,PIPE O DENOTES SET IRON PIPE MARKED R.L.S. NO. 24330 - W - DENOTES WOODEN FENCE - X - DENOTES CHAIN LINK FENCE -SR- DENOTES SPLIT RAIL FENCE DENOTES TREE DENOTES POWER POLE LOTUS LAKE LEGAL DESCRIPTION LOT 14, BLOCK 1, COLONIAL GROVE AT LAKE, ACCORDING TO THE RECORDED PLAT THEREOF, CARVER COUNTY, MINNESOTA. CERTIFICATION 1 HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY C ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. ENVIROSCIENCE ENGINEERS•SCIENTISTS•LAND SURVEYORS CL��'f �'F� Pi� S Ii�IY 10100 VALLEY VIEW ROAD SUITE 161A EDEN PRAIRIE, MINNESOTA 55314-3WDATED: (612) W48166-WALLACE R. HANSEN, R.L.S. NO. 24330 JOB NO.: 9024.211 1 SCALE: 1" = 30' 1 FIELD BOOK: 46 PAGE: 38 1 DRAWN BY: J.R.H. 9024CERT.DWG NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, APRIL 5, 2000 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Side Yard Setback APPLICANT: Steven Poanick Variance LOCATION: 7010 Dakota Avenue NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Steven Posnick, is requesting a 5 foot side yard setback for the construction of a two car garage, located at 7010 Dakota Avenue. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Cindy at 937-1900 ext. 117. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on March 23, 2000. Smooth feed Sheetsym 'Pos h.L c� Use template for 51600D LEON S & IRENE A ERHARD .7004 CHEYENNE TRL CHANHASSEN, MN 55317 RICHARD C & SANDRA K ERICKSON 7003 DAKOTA AVE CHANHASSEN, MN 55317 CAROLYN BLOOMBERG 7008 DAKOTA AVE CHANHASSEN, MN 55317 HENRY & SANDRA NEILS 7012 DAKOTA AVE CHANHASSEN, MN 55317 KENNETH A & ANN H BLOCH 7015 DAKOTA AVE CHANHASSEN, MN 55317 EVAN M NIEFELD 7016 DAKOTA CIR CHANHASSEN, MN 55317 JAMES H & GWEN WILDERMUTH 7022 DAKOTA CIR CHANHASSEN, MN 55317 NANCY A ENGASSER 7000 DAKOTA AVE CHANHASSEN, MN 55317 DENNIS J & TONIE FLAHERTY 7004 DAKOTA TRL CHANHASSEN, MN 55317 STEVEN M & MONICA M POSNICK 7010 DAKOTA AVE CHANHASSEN, MN 55317 BENT V & ANNE-LISE PAULSEN 7013 DAKOTA AVE CHANHASSEN, MN 55317 HELEN B MONTGOMERY 7017 DAKOTA AVE CHANHASSEN, MN 55317 CHRISTOPHER K LARUS & HEIDI M GARCIA 7018 DAKOTA CIR CHANHASSEN, MN 55317 MARK O & SUZANNE SENN 7160 WILLOW VIEW CV CHANHASSEN, MN 55317 SCOTT D & KIMBERLY A CURRENT 7001 DAKOTA AVE CHANHASSEN, MN 55317 MICHAEL & LYNN J MARRA 7007 DAKOTA AVE CHANHASSEN, MN 55317 BRADLEY A & ELIZABETH HAMILTON 7011 DAKOTA AVE CHANHASSEN, MN 55317 FRANK W JR & MARGARET M HETMAN 7014 DAKOTA AVE CHANHASSEN, MN 55317 WALTER E & JOAN D THATCHER 7024 DAKOTA AVE S CHANHASSEN, MN 55317 JAMES & JOANN CARLSON 7020 DAKOTA CIR CHANHASSEN, MN 55317 STEVEN T MESTITZ & PEGGY L NAAS 7200 WILLOW VIEW CV CHANHASSEN, MN 55317 Mrs. Peg Kirkvold Frontier Trail Homeowner's Assoc. 7409 Frontier Trail Chanhassen, MN 55317 Pat Pavelko Sunrise Hills Homeowner's Assoc. 7203 Frontier Trail.. Chanhassen, MN 55317 Mr. Bill Kirkvold Colonial Point Homeowner Assoc., 201 Frontier Court Chanhassen, MN 55317 Mr. Eric Lanager Mr. Herb LaPlatt Mr. William Shimp Lotus Lake Homeowner's Assoc. Lotus Lake Betterment Assoc. Lotus Lake Estates 6790 Brule Circle 7012 Cheyenne Trail 155 Choctaw Circle Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 ��il�s�'- �y..r�a?.'ri„ � Rr • f f � 1 , f � r r,�?,�'t� ,��','S�' f or 21 _ �/ • . .ors'- �-^? •: �; � 3 '� Y � k eft os9_J�� i • - . > ,,•, � •,fir. �= � � ,.61• �i'" ,r e >T i� t ey ,- Tr IP �` ejyw- �7 1 AM AN ch ..:ra �+uT• "'�!•� -- r„ 1I �I�� `^:::F Wit,«:, _ — -11, 1.- 'ai �� r .-vn�jw'�-' t� �`� `�L� aV��„y �ly;`tiy � ;�� s•��►��_�`�'. A;�`= '.\��• � ;�'� !�\�\\�� i t �y �`st F _a�0.'•�'�ttE -� /l•�, /�}�� a �,.+i", „'7�ae:. 7 Q+i.• —J /. ICl/ ry / <' .: . "oL a .. �'.. '•+h, iliyg`�,%A- .r '.._ R- - �'�� ','t•�i � S � � s' i'�/�� l,o?Zy� _•. '" .hq p`�',,. ':Y � t. .'� r/l `��5�6� �RE trr�_. .�� r� i � `�:1 � (. xs...� � 1• . f � L �i' 6 � 1. . ;, f' "V p�� _, '•!�� . ✓ / �"_ � ; h` r$ _ lam'`fit` Ivor,_ tow,t Mal ate ts'.,. •F�i` �Y:: +F CITY OF CHAMBASSEN J� PC DATE: 4/5/00 CCDATE: REVIEW DEADLINE: 4/25/00 i I STAFF REPORT By: Generous:v iL Z J i PROPOSAL: Request for an 18.5 foot variance from the 30 foot rear yard setback for the construction of a garage addition. LOCATION: 6712 Hopi Road APPLICANT: Michael Woitalla 6712 Hopi Road Chanhassen, MN 55317 PRESENT ZONING: ACREAGE: DENSITY: ADJACENT ZONING AND LAND USES: WATER AND SEWER: PHYSICAL CHARACTER: LAND USE PLAN: RSF, Single Family Residential 16,000 sq. ft. N/A N: RSF, Single Family Residential S: RSF, Single Family Residential E: RSF, Single Family Residential W: RSF, Single Family Residential Available to the site A single family home with an attached two -stall garage exits on the site. Low Density Residential Woitalla Variance #00-3 April 5, 2000 Page 2 APPLICABLE REGULATIONS Section 20-615 (5) of the zoning ordinance requires a 30 foot rear yard setback for properties zoned RSF (Attachment 2). Section 20-72(a) states that there shall be no expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity (Attachment 3). Section 20-72 (e) states that removal or destruction of a non -conforming structure to the extent of more than 50 percent of its estimated value, excluding land value and as determined by the city, shall terminate the right to continue the nonconforming structure (Attachment 3). BACKGROUND The property is located in Carver Beach and consists of eight lots, which are each 20 feet wide by 100 feet deep. This home was constructed in 1946 prior to the 1972 zoning ordinance. The existing 24.3 foot by 23.5 foot attached garage does not meet the 30 foot rear yard setback currently required by ordinance. In 1976, fire damage was repaired on the home. Neither the house nor the garage meets the required 30 foot rear setback. The subject property is 16,000 sq. ft. It is 160 feet in width (90 feet required) and 100 feet in depth (125 feet required). No variance is required for development on lots that meet at least 75 percent of the minimum requirements of the ordinance. The table displays the setbacks maintained by the existing home. (It should be noted that upon inspection of the site, staff saw that a semi -trailer container (Mobile Space Storage Systems) is stored in the southeast portion of the yard. City ordinance, section 20- 909, prohibits such storage. The applicant must remove this container from the site.) TABLE 1 Setbacks For 6712 Hopi Road Setback Distance Required Distance Maintained Front/Hopi Road 30 feet Garage: 62.5 feet Home: 52.8 feet Side 10 feet North: 38.8 feet South: 63.5 feet Rear 30 feet 12.1 feet The applicant would now like to reconstruct the garage and expand the garage by six feet. The addition is proposed to increase the nonconforming rear yard down to approximately 11.5 feet. Woitalla Variance #00-3 April 5, 2000 Page 3 Staff had advised the applicant that they could reconstruct the existing garage within the existing footprint or build a detached garage that would comply with setback requirements. ANALYSIS The applicant is requesting an 18.5 foot variance from the 30 foot rear yard setback for the construction of a garage addition. The existing garage was constructed at a 12.1 foot rear yard setback. The applicant seeks to increase the nonconforming setback through a six foot expansion of the garage. The applicant, as part of the rebuilding of the garage, must have a structural engineer design the foundation and attachment details for precast planking. If the variance is granted, the applicant would also have to provide the city with a detailed grading, drainage and erosion control plan. Regardless of whether the variance is approved or not, or as part of construction on the site, the driveway shall be surfaced with asphalt or concrete as required by city code. Site Characteristics The topography of the site does not limit the buildable area to the extent a variance is needed to construct a garage. The applicant could reconstruct the existing garage within the existing footprint, extend the garage toward the street, or build a detached garage that would comply with setback requirements without the need for a variance. While the applicant states that a detached garage would be "a great inconvenience," it is possible to construct a garage that complies with ordinance. If the applicant were to'expand the existing garage, he could extend it to the northeast, creating a double deep garage stall, which would comply with ordinance requirements. Permitted Use This site is zoned RSF, Single Family Residential. A single family home can be legally constructed on the site. The zoning ordinance (Section 20-1124 (2) f) requires two parking spaces, both of which shall be completely enclosed for single family dwellings. The applicant is entitled to construct a 2-stall garage on the site, not a 3-stall as requested. Currently, a single family dwelling with two covered parking spaces is present on the site. Reasonable Use The buildable area (5,600 sq. ft. or 40 feet by 140 feet) is not constrained by the literal enforcement of the zoning ordinance. The required setbacks do not limit the buildable area to make it impossible to construct a garage without a variance. The property owner has the opportunity to make a reasonable use of the site without any variances. A reasonable use is defined as the use made by a majority of comparable property within 500 feet. A "use" can be defined as "the purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained." In this case, because it is in a RSF Woitalla Variance #00-3 April 5, 2000 Page 4 zoning district, a reasonable use is a single family home with a two -stall garage. The owner has a reasonable use of the property. A variance is granted when a hardship is present. That is, the property owner cannot make a reasonable use of the site without relief from the ordinance. In this instance, the owner can construct a garage within the buildable area. Nonconforming Setback The existing garage maintains a nonconforming 12.1 foot rear yard setback. The zoning ordinance permits a nonconforming structure to be maintained or repaired but only to 50 percent of its value. It also states that a nonconformity shall not be increased. Specifically, the ordinance states if a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. The proposed garage addition does not meet the required 30 foot rear yard setback and will expand the garage area at the nonconforming setback. Staff believes that a variance should not be granted because it will increase the nonconformity of the setback. It is not reasonable to assume that since the existing garage maintains a 12.1 foot setback, that a variance will or should be granted. This addition should lessen the nonconformity of the setback, not increase it. Neighborhood Setbacks Staff surveyed city records to determine if rear yard setback variances had been granted in the area. This survey turned up one case, Variance #99-10, located at 6870 Nez Perce Drive, which approved an 11 foot rear setback variance from the 30 foot rear setback to permit a house addition 19 feet from the property line. The existing house was located 16.2 feet from the rear property line. The original request from the applicant was for a 19 foot variance. Yard Encroachments In cases where a variance is granted, the zoning ordinance does not permit any encroachments into the setback such as eaves or bay windows. If a variance is granted, the setback shall be measured from the edge of the eave of the garage. Staff recommends denial of the 18.5-foot variance request because the applicant has not demonstrated a hardship and reconstruction or expansion of the garage could be constructed to comply with ordinance. FINDINGS The Planning Commission shall not grant a variance unless they find the following facts: Woitalla Variance #00-3 April 5, 2000 Page 5 a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. Finding: The literal enforcement of the ordinance does not create a hardship, however, the location of the home dictates where an addition can be placed. Approving the variance will increase the nonconformity of the setback and depart downward from pre-existing standards. A detached garage could be constructed that would comply with setback requirements without the need for a variance if the applicant desires additional storage space. The applicant could reconstruct the existing garage within the existing footprint or expand the garage toward the street without a variance. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are applicable to all properties in the RSF zoning district. C. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The expansion of the garage will increase the value of the property, however, staff does not believe that is the sole reason for the request. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The home was constructed prior to the ordinance, so the hardship is not entirely self-created. However, the fact that the applicant wishes to construct a 3-stall garage instead of reconstructing the existing garage, is a self-created hardship. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. However, the granting of the variance will allow the expansion of a nonconformity, which could contribute to a downward deviation of standards in the neighborhood. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger Woitalla Variance #00-3 April 5, 2000 Page 6 of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. However, permitting the 18.5 foot variance would increase the nonconformity of the setback. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends denying Variance #00-3 requesting an 18.5 foot variance from the 30 foot rear yard setback for the construction of a garage expansion based upon the staff report and the following: 1. The applicant has not demonstrated a hardship to warrant a variance. 2. The applicant could reconstruct/repair the existing garage without a variance. 3. Sufficient buildable area exists on the site at the required setbacks to permit the construction of a garage." ATTACHMENTS 1. Application and Letter 2. Section 20-615, RSF District Requirements 3. Section 20-72, Nonconforming Uses and Structures 4. Lot Survey 5. Public hearing notice and property owners list gAplan\bg\var. 00-3 Woitalla.doc i CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION x APPLICANT: ECG 1/ / 1C I�(OWNER:__'-s 1 ADDRESS: % all ADDRESS: C 0 S5 % 01,!b'bi") TELEPHONE (Daytime) -1(�99-83S3 TELEPHONE: - Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements r. Interim Use Permit ariance 7 t-T Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development* _ Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review* f"'�Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) Subdivision* TOTAL FEE J A list of all property owners within 500 feet of the boundaries of the property must be included with the application. p j 6 tJe Building material -samples/ ust be submi it site plan reviews. .. "Twenty, -six full size folded copies of the plans'must be s0imited, including an 81/2" X 11" re copy of transparency for each plan sfjeet. ,,✓'^ Escrow will Lerequir4for other applications through the d elopment.contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION TOTALACREAGE WETLANDS PRESENT YES NO PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST 7 C ./a This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten 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. 1 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. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. I (11� 1,1GGL- Signature of Application Received on Date Date /L `.'° Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. Feb. 8, 2000 To Whom it may concern, Scope of Work: Remove existing garage, which is highlighted in yellow. Install new basement garage footings, slab and garage, highlighted in yellow and green. The existing attached garage has a crumbling foundation and the floor is cracked and broken. Also, the walls are so out of square, due to the foundation falling away from the garage, that you cannot use overhead doors (see photos). So if possible, when building the new foundation and garage, I would like to extend the size of the garage from 24 feet wide to 30 feet wide. If the garage is moved forward to meet setbacks, it would be a great inconvenience. Our house is built on a hill, and moving the garage forward would lower the elevation of the garage, and we would no longer have an attached garage as we do now. Thankyou Michael Woitalla i •w r• a � '��-.i��^�'�; �J � a'L1 f.� r"•r ifa ..A! s!'I}— y • ..,,T .. `r.�. iC��•}•�.I. :.�,�`i T�%� 4r� MWw L'.. �sber � '� C �f ' tv 7- V •`1 f t .-I 7-mmmANW!•.9 f ZONING (2) Storage building. (3) Swimming pool. (4) Tennis court. (5) Signs. (6) Home occupations. (7) One (1) dock. (8) Private kennel. (Ord. No. 80, Art. V, § 5(5-5-3), 12-15-86) Sec. 20-614. Conditional uses. The following are conditional uses in an "RSF" District: (1) Churches. (2) Reserved. (3) Recreational beach lots. § 20-615 (4) Towers as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 5(5-5.4), 12-15-86; Ord. No. 120, § 4(4), 2-12-90; Ord. No. 259, § 12, 11-12-96) State law reference —Conditional uses, M.S. § 462.3595. Sec. 20-615. Lot requirements and setbacks. The following minimum requirements shall be observed in an 'RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter and chapter 18: (1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the "neck" has been excluded from consideration. (2) The minimum lot frontage is ninety (90) feet, except that lots fronting on a cul-de-sac "bubble" or along the outside curve of curvilinear street sections shall be ninety (90) feet in width at the building setback line. The location of this lot is conceptually Supp. No. 9 1211 § 20-615 CHANHASSEN CITY CODE illustrated below. Lots Where Frontage Is Measured At 8stbaak Line •s' (3) The minimum lot depth is one hundred twenty-five (125) feet. The location of these lots is conceptually illustrated below. Lot width on neck or flag lots and lots accessed by private driveways shall be one hundred (100) feet as measured at the front building setback line. N*ck l Flap Lots Fronj Lot Line ow"I 1 j . 100 Lot width L ... L (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) percent. (5) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. Supp. No. 9 1212 ZONING § 20-632 C. For side yards, ten (10) feet. (6) The setbacks for lots served by private driveways and/or neck lots are as follows: a. For front yard, thirty (30) feet. The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot lines. On neck lots the front yard setback shall be measured at the point nearest the front lot line where the lot achieves a one -hundred -foot minimum width. b. For rear yards, thirty (30) feet. C. For side yards, ten (10) feet. (7) The maximum height is as follows: a. For the principal structure, three (3) stories/forty (40) feet. b. For accessory structures, twenty (20) feet. (Ord. No. 80, Art. V, § 5(5-5-5), 12-15-86; Ord. No. 90, § 1, 3-14-88; Ord. No. 127, § 3, 3-26-90; Ord. No. 145, § 2, 4-8-91; Ord. No. 240, § 18, 7-24-95) Editor's note —Section 2 of Ord. No. 145 purported to amend § 20-615(6)b. pertaining to accessory structures; such provision were contained in § 20-615(7)b., subsequent to amend- ment of the section by Ord. No. 127. Hence, the provisions of Ord. No. '145, § 2, were included as amending § 20-615(7)b. Sec. 20-616. Interim uses. The following are interim uses in the "RSF" District: (1) Private stables subject to provisions of chapter 5, article IV. (2) Commercial stables with a minimum lot size of five (5) acres. (Ord. No. 120, § 3, 2-12-90) Secs. 20-617-20-630. Reserved. ARTICLE XIII. "R.4" MIXED LOW DENSITY RESIDENTIAL DISTRICT Sec. 20-631. Intent. The intent of the "R-4" District is to provide for single-family and attached residential development at a maximum net density of four (4) dwelling units per acre. (Ord. No. 80, Art. V, § 6(5-6-1), 12-15-86) Sec. 20-632. Permitted uses. The following uses are permitted in an "R-4" District: (1) Single-family dwellings. (2) Two-family dwellings. Supp. No. 9 1213 �'CTI�� L{ 61.1i y �,' § 20-60 CHANHASSEN CITY CODE Sec. 20-60. Denial. Variances may be deemed by the board of adjustments and appeals and the council, and such denial shall constitute a finding and determination that the conditions required for approval do not exist. (Ord. No. 80, Art. III, § 1(3-1.4(6)), 12-15-86) Secs. 20-61-20-70. Reserved. DIVISION 4. NONCONFORMING USES* Sec. 20.71. Purpose. The purpose of this division is: (1) To recognize the existence of uses, lots, and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification, or extension of any noncon- forming use, building, or structure; (3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their impact on adjacent properties. (Ord. No. 165, § 2, 2-10-92) Sec. 20.72. Nonconforming uses and structures. (a) There shall be no expansion, intensification, replacement, structural change, or relo- cation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity. (b) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. (c) No nonconforming use shall be resumed if normal operation of the use has been discontinued for a period of twelve (12) or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter. Following the expiration of twelve (12) months, only land uses which are permitted by this ordinance shall be allowed to be established. *Editor's note —Section 2 of Ord. No. 165, adopted Feb. 10, 1992, amended Div. 4 in its entirety to read as set out in H 20-71-20-73. Prior to amendment, Div. 4 contained §§ 20-71-20-78, which pertained to similar subject matter and derived from Ord. No. 80, Art. III, § 5, adopted Dec. 15, 1986; and Ord. No. 163, § 1, adopted Feb. 24, 1992. Supp. No. 4 1164 ZONING § 20-73 (d) Full use of a nonconforming land use shall not be resumed if the amount of land or floor area dedicated to the use is lessened or if the intensity of the use is in any manner diminished for a period of twelve (12) or more months. Time shall be calculated as beginning on the day following the last day in which the nonconforming land use was in full operation and shall run continuously thereafter: Following the expiration of twelve (12) months, the nonconforming land use may be used only in the manner or to the extent used during the preceding twelve (12) months. For the purposes of this section, intensity of use shall be mea- sured by hours of operation, traffic, noise, exterior storage, signs, odors, number of employees, and other factors deemed relevant by the city. (e) Maintenance and repair of nonconforming structures is permitted. Removal or destruc- tion of a nonconforming structure to the extent of more than fifty (50) percent of its estimated value, excluding land value and as determined by the city, shall terminate the right to con- tinue the nonconforming structure. (f) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section, if approved by the city council a nonconforming land use may be changed to another noncon- forming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. (g) If a nonconforming land use is superseded or replaced by a permitted use, the non- conforming status of the premises and any rights which arise under the provisions of this section shall terminate. (Ord. No. 165, § 2, 2-10-92) Sec. 20.73. Nonconforming lots of record. (a) ,No variance shall be required to reconstruct a detached single-family dwelling located on a nonconforming lot of record or which is a nonconforming use if it is destroyed by natural disaster so long as the replacement dwelling has a footprint which is no larger than that of the destroyed structure and is substantially the same size in building height and floor area as the destroyed structure. Reconstruction shall commence within two (2) years of the date of the destruction of the original building and reasonable progress shall be made in completing the project. A building permit shall be obtained prior to construction of the new dwelling and the new structure shall be constructed in compliance with all other city codes and regulations. (b) No variance shall be required to construct a detached single-family dwelling on a nonconforming lot provided that it fronts on a public street or approved private street and provided that the width and area measurements are at lest seventy-five (75) percent of the minimum requirements of this chapter. (c) Except as otherwise specifically provided for detached single-family dwellings, there shall be no expansion, intensification, replacement, or structural changes of a structure on a nonconforming lot. (d) If two (2) or more contiguous lots are in single ownership and if all or part of the lots do not meet the width and area requirements of this chapter for lots in the district, the Supp. No. 4 1165 { l000.6. :MANHOLE foot 6 (BENCH MARK) .i 1 y10074 loI1.3X t;'H/MNEY i' u+% SHED • N 1006.500: i• h Q' rY O ,L : 996 J o ' t� 1005.E � , • ••/ � � � OG� OVERHANG +moo x 1005.4 WOODEN S700P a999 70 X001.06 xToo2.7s •`xlJgB.93 ::�;:.::::•. • • �p,L� }, f005.7x 5 x10d4.'14 x1' 02.5914 ;•:. •Z� i 1004.87 x1002.97 x997.83 • • �., •� +. u► w «5 1003.69 ; t 1 O�� 03.99..* 993.2 000 ,�1 2.41 x99863 x996.90 0 `r 1001.E sY x998.9 rN xI00436 x997.J2 t, x1000s; x997a6 X 999.1 x998.5 _[t ` tS tt 4ti f 10ZZ�p/p v i V 5 100' A i� LL 996.10 r• a` :y 0` 997.3 x998.0 • t� n checked and !L_ day of IS CERTIFICATION CLIENT IIot tweeby °"f• � eiM eurvey Mm SCHOELL & MADSON, INC. �.� 1 wn a �llwy/:n.m;nc Won au 'nd , e • �1'ORS • PLANNERS A O AZT n3 _ _ SOIL 7ESIW . A SOU IND/ML S TIE I ■� i' MNEM BOmm 55 SOME t {� -. _ _ _ . � NMNE.70NIfA hM SSJOS - . ■ II NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, APRIL 51 2000 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Rear Yard Setback Variance APPLICANT: Michael Woitaila LOCATION: 6712 Hopi Road NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Michael Woitalla, is requesting a rear yard setback variance of 18'/ feet to permit a garage expansion located at 6712 Hopi Road. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Cindy at 937-1900 ext. 117. if you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on March 23, 2000. Smooth Feed Sheets TM Use template for 51600 STEVEN & KAREN VAVRICHEK 6801 NEZ PERCE D CHANHASSEN MN 55317 PETER J & KELLY M HOLZER 833 CREE DR CHANHASSEN MN 55317 STEVEN J & JOAN M CRONSON 801 CREE DR CHANHASSEN MN 55317 BETTY M JOHNSON 6694 NEZ PERCE D CHANHASSEN MN 55317 LAYNE A BECKMAN MELISSA R 6686 HOPI RD CHANHASSEN MN 55317 JEFFREY R & TAMI L BRAIEDY 850 WESTERN DR CHANHASSEN MN 55317 CRAIG A & KIMBERLY ANDERS 6683 HOPI RD CHANHASSEN MN 55317 WILLIAM S & MARIA PEDEN PO BOX 114 CHANHASSEN MN 55317 DARIN W & ALLISON R GACHN 6670 DEERWOOD CHANHASSEN MN 55317 EVELYN A PRESTEMON 6680 DEERWOOD CHANHASSEN MN 55317 KEVIN D & JULIE D MATTSON 8566 DRAKE CT CHANHASSEN MN 55317 ELAINE C OTTERDAHL 6715 NEZ PERCE D CHANHASSEN MN 55317 GARY JOHN OTTERDAHL 6691 DEERWOOD CHANHASSEN MN 55317 ROYAL & DORIS MARTIN TRUSTEES 6650 PAWNEE DR CHANHASSEN MN 55317 ANDREW H CLEMENS & KATRINA E 6687 DEERWOOD CHANHASSEN MN 55317 DONALD & SIGFRID SENNES 6680 MOHAWK DR CHANHASSEN MN 55317 HERMINE R LUSTIG TRUSTEES 6699 MOHAWK DR CHANHASSEN MN 55317 LINELL BRECHT SANTELLA 881 WESTERN DR CHANHASSEN MN 55317 MARY KAY HOGUE 6690 NEZ PERCE D PO BOX 337 CHANHASSEN MN 55317 GARY J & JACQUELINE A HOFF 860 HIAWATHA D CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O SCOTT ANDREW A BORASH 690 CITY CENTER 6725 NEZ PERCE D PO BOX 147 CHANHASSEN MN 55317 CHANH MN 55317 CITY OF CHANHASSEN O SCOTT 690 CITY CENTE PO BOX CHANHASSEN MN 55317 BRUCE JOHN SCHURMANN PO BOX 514 LESTER PRAIRIE MN 55354 DAVID G HOLUB 6670 MOHAWK DR CHANHASSEN MN 55317 DONALD & SIGFRID SENNES 6680 MOHAWK DR CHANHASSEN MN 55317 ROBERT A WIEST 840 CARVER BEAC CHANHASSEN MN 55317 CRAIG S & MONICA C KIFFMEY 6710 HOPI RD CHANHASSEN MN 55317 MICHAEL A WOITALLA 6712 HOPI RD CHANHASSEN MN 55317 PETER A KORDONOWY &THOMAS F 6711 NEZ PERCE CHANHASSEN MN 55317 Smooth Feed SheetSTM Use template for 51600 ELAINE C OTTERDAHL 6715 NEZ PERCE D CHANHASSEN MN 55317 DONALD M WHITE & KAREN P G 800 CARVER BEAC CHANHASSEN MN 55317 KEITH M VOLK 790 CARVER BEAC CHANHASSEN MN 55317 DANIEL T RUTLEDGE 6711 HOPI RD CHANHASSEN MN 55317 WILLIAM HARLEY WOLFISHARON BE 6699 HOPI RD CHANHASSEN MN 55317 SIGNE MARIE KROEKER THOM 6721 HOPI RD CHANHASSEN MN 55317 JAMES H GEMMILL 6727 HOPI RD CHANHASSEN MN 55317 JAMES H GEMMILL 6727 HOPI RD CHANEN MN 55317 LARRY L & MARY E BARRETT 6741 HOPI RD CHANHASSEN MN 55317 GEORG ESS 6890 LOTUS TRL CHANHASSEN MN 55317 IRMA HEYDT DEGLER 6711 MOHAWK DR CHANHASSEN MN 55317 BRUCE ROBERT JOHANSSON 6701 MOHAWK DR CHANHASSEN MN 55317 LAWRENCE & PAULA VELTKA 6724 LOTUS TRL CHANHASSEN MN 55317 CHARLES J & SUSAN E ZECCO 895 CARVER BEAC CHANHASSEN MN 55317 KENNETH JEROME LUCA%NTOINETT 6735 NEZ PERCE D CHANHASSEN MN 55317 FRANKLIN D ERNST & VICTORIA 840 CREE DR CHANHASSEN MN 55317 ANGELA M PRUISNER 841 CARVER BEAC CHANHASSEN MN 55317 THOMAS L & JUDITH L RAYMO 834 CREE DR CHANHASSEN MN 55317 ANDREW G & NICOLE M SIEME 6780 YUMA DR CHANHASSEN MN 55317 MELVIN G HERRMANN 795 CARVER BEAC CHANHASSEN MN 55317 MARTIN P & AMY E JENSEN 770 CREE DR CHANHASSEN MN 55317 RICHARD J SPARTZ & KELLY I A 777 CARVER BEAC CHANHASSEN MN 55317 JAY D HOPIA & ROBIN L M 760 CREE DR CHANHASSEN MN 55317 JEFFREY A KING 767 CARVER BEAC CHANHASSEN MN 55317 MICHAEL F & BARBARA A COY 757 CARVER BEAC CHANHASSEN MN 55317 MARK A & MARTHA J NORMAN 5801 CO RD 101 MINNETONKA MN 55345 BART T & ANNETTE R ELLSON 6800 YUMA DR CHANHASSEN MN 55317 DOUGLAS H & CORAZON KALL 6830 YUMA DR CHANHASSEN MN 55317 HARLAN KOEHNEN 7263 PONTIAC CIR CHANHASSEN MN 55317 TROY D STOTTLER & JESSICA R 6800 RINGO DR CHANHASSEN MN 55317 009Is Jasel slagel ssaippd ®AUSA Ws GREGORY J CARLSON & KATHLEEN 760 CARVER BEAC CHANHASSEN MN 55317 TODD L FROSTAD 6728 LOTUS TRL CHANHASSEN MN 55317 STANLEY R CRONISTER &iOANNE M 6730 LOTUS TRL CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O SCOTT 690 CITY CENTER PO BOX 147 CHANH N MN 55317 JOSEPH M & LORI L HARRINGT 901 CARVER BEAC CHANHASSEN MN 55317 CITY OF CHANHASSEN STAFF REPORT PROPOSAL: Eckankar Religious Campus PC DATE: April 5, 2000 CC DATE: April 24, 2000 REVIEW DEADLINE: 4/30/00 CASE #: 2000-2 LUP, 2000-2 2000-5 SPR PUD, By: RG, DH 1) Comprehensive Plan Land Use Amendment from'low density residential, medium density residential, public/semi-public, and parks and open space to public/semi-public; 2) Conceptual and preliminary Planned Unit Development-office/institutional approval; and 3) Site plan approval for a 60,000 sq. ft. administrative office and archive building and a 10,000 sq. ft. chapel. 4) In addition, the city will be reviewing an Environmental Assessment Work sheet addressing potential environmental impacts of the proposed development and making the appropriate findings and decisions on the need for an Environmental Impact Statement. LOCATION: West of Powers Boulevard, north of West 78th Street and east of Lake Ann Park APPLICANT: Eckankar c/o William C. Griffith, Jr. 7900 Xerxes Avenue South Bloomington, MN 55431 PRESENT ZONING: RSF, Single Family Residential; R4, Mixed Low Density Residential; and R12, High Density Residential 2000 LAND USE PLAN: Low density residential, medium density residential, public/semi public, and parks and open space ACREAGE: 173 acres DENSITY: 30 percent site development Eckankar April 5, 2000 Page 2 SUMMARY OF REQUEST: The applicant is requesting a land use amendment to make the entire site one land use, public/semi- public, which would be consistent with the proposed use of the entire site for a religious campus for Eckankar. The applicant is also requesting a rezoning of the property from multiple zonings to Planned Unit Development - Office/Institutional that would establish the parameters for the future development of the property for a religious campus. As part of the first phase of a three-phase development plan, the applicant is also requesting site plan approval for a 60,000 square foot administrative office and storage building and a 10,000 square foot chapel. Due to the scope of the project, a total of 430,000 square feet of building area, including the existing 50,000 temple, the development must be reviewed under an Environmental Assessment Worksheet (EAW) to investigate and develop mitigation requirements for potential negative environmental impacts. The city must determine if this environmental review will be sufficient or if an Environmental Impact Statement (EIS) review will be necessary. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City has a relatively high level of discretion in approving rezonings, PUD's, and amendments to PUD's_because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. 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. 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 At staffs recommendation, the applicant has requested a land use amendment from low density residential, medium density residential, public/semi-public, and parks and open space to public/semi-public. This land use would accurately reflect the ownership of the property as well as the proposed use. As part of the city's analysis of the comprehensive plan, the city excluded the residential land uses on the property from the housing and population projections. The proposed Eckankar Proposal April 5, 2000 Page 3 land use amendment, while reducing the potential area for residential development, will not negatively impact the ultimate provision of housing in the community. Staff is recommending approval of the land use map amendment subject to approval of the amendment by the Metropolitan Council. The applicant is proposing a three-phase master plan for the development of the Eckankar Religious Campus. The total development would comprise 430,000 square feet of building area on 173 acres. Existing development on the property is approximately four acres. Each building would be institutional in nature. Institutional Establishments are those that are public/semi-public in nature. Structures or places where worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held. Included in this use are administrative, cultural and storage facilities associated with the belief system. The standard proposed as part of the PUD master plan for hard surface coverage is 20% for the overall development. Additionally, approximately 30 percent of the site will be altered from its natural state. These figures are substantially lower than the city would have realized had the site developed residentially. The site has significant topographical changes. The majority of the site is rolling hills. The high point is located in the west central portion of the property with an elevation of 1030. The low point on the site is located in the southeast corner of the property, in the wetland, with an elevation of 930. The majority of the site consists of grasslands and prairie vegetation areas. All or part of six wetlands are located within the project boundary. These wetlands will all be preserved. A bluff area is located adjacent to the wetland located in the southeast corner of the site. The top of the bluff is approximately at the 980 contour. However, the bluff contour elevation changes as one moves to the south. A bluff is defined as a slope that has both a 30 percent or greater slope and a 25 foot or greater elevation change. The forested areas of the property are located in the west adjacent to Lake Ann Park, in the northwest corner of the site, and adjacent to the wetland complex in the southeast corner of the site. Additionally, there are isolated trees scattered throughout the property. The majority of these wooded areas will be preserved in their entirety. Adjacent zoning and land uses are N - RSF, single family homes; S - IOP, West 781h Street, Highway 5 and industrial development; E - RSF, single family homes, PUD-R, townhouses, BG, commercial development; and W - RR, Lake Ann Park. City water and sewer services and storm water piping are provided to the property. Access to the site will be from West 781h Street and Powers Boulevard. The administrative buildings, museum, and library will be accessed from West 781h Street. The Temples and educational facilities will be accessed from Powers Boulevard. There will not be a traffic connection between the two Eckankar Proposal April 5, 2000 Page 4 areas of the religious campus. Powers Boulevard is classified as an arterial road and West 781h Street is classified as a collector road in the city's comprehensive plan As part of the documents submitted for review, the applicant has prepared an environmental assessment worksheet (EAW) that in detail reviews the proposal for the site. Staff has reviewed the EAW that is very complete; however, staff does have concern with future traffic projections and impacts to adjacent street systems. It is my understanding that traffic impacts will be further evaluated as future phases of the site develop. The advantage of this type of use versus previous land use (residential) is from a municipal infrastructure standpoint and traffic impacts to adjacent neighborhoods. The proposed use should have less impact on traffic during the peak times on the area street system. Infrastructure wise, the proposed use will use slightly less capacity of sewer infrastructure and less water demand than a residential use. From a storm water management impact, the proposal has less impervious surface, thus requiring less runoff to be treated; therefore, having less impact on the total storm water management system in the city. All development of the property will be required to meet city surface water management requirements and pay surface water management fees in accordance with city ordinance. In conclusion, overall the conceptual -site plan layout for the three phases appear acceptable. Further detail analysis will be performed as the individual site plans are submitted to staff for further review and comment. Staff is recommending that the concept and preliminary plan be approved. BACKGROUND As part of the Highway 5 Corridor Study land use amendments in 1996, public/semi-public and parks and open space land uses were added as land uses on the property. On May 22, 1989, the Chanhassen City Council approved Conditional Use Permit #89-1 for the Eckankar Church. REZONING Justification for Rezoning to PUD The applicant is requesting to rezone approximately 173 acres from RSF, Single Family Residential, R4, Mixed Low Density Residential, and R12, High Density Residential, to PUD, Planned Unit Development - Office/Institutional. There are two components to the PUD: Eckankar Proposal April 5, 2000 Page 5 administrative/business office and institutional. The following review constitutes our evaluation of the PUD request. The review criteria are taken from the intent section of the PUD Ordinance. Section 20-501. Intent Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfer of density, construction phasing, and a potential for lower development costs. In exchange for this enhanced flexibility, the City has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the other more standard zoning districts. FINDINGS It will be the applicant's responsibility to demonstrate that the City's expectations are to be realized as evaluated against the following criteria: Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. Findine The developer proposes to preserve approximately 70 percent of the site as open space. To achieve this; the design standards will specify that approximately 30 percent of the site may be developed. Additionally, a conservation easement or other form of preservation mechanism shall be established to permanently preserve the natural areas. 2. More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. Finding. The proposed PUD develops an environmentally sensitive master plan for the ultimate build out of the site. The master plan permits the city and the owner to evaluate the overall effects and impacts of the development on the community. 3. High quality of design and design compatible with surrounding land uses, including both existing and planned. Site planning, landscaping and building architecture should reflect higher quality design than is found elsewhere in the community. Eckankar Proposal April 5, 2000 Page 6 Finding The proposed development will compliment the surrounding area. Conformance with the design standards will assure that the development is of the highest quality. 4. Sensitive development in transitional areas located between different land uses and along significant corridors within the city will be encouraged. Finding. The proposed development through the preservation of 70 percent of the site will provide a transition from the Highway 5 corridor to the lower density developments to the north. 5. Development that is consistent with the Comprehensive Plan. Finding. Subject to approval of the land use amendment, the proposed plan is consistent with the policies and goals of the comprehensive plan. 6. Parks and open space. The creation of public open space may be required by the city. Such park and open space shall be consistent with the Comprehensive Park Plan and overall trail plan. Finding. No public open space is being required as part of the development. However, the development shall provide connections between an internal pedestrian system and the city's sidewalk and trail system. Additionally, the development will preserve 70 percent of the site as open space. 7. Provision of housing affordable to all income groups if appropriate with the PUD. Finding Housing is not a component of the development. S. Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses. Finding. Through the use of shared parking and proof of parking, there will be conservation of natural resources and reduction of impervious surfaces. 9. Use of traffic management and design techniques to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Findin . The developer has prepared a traffic study to investigate the potential impacts of the project on adjacent roadways. With future phases of development of the northern Eckankar Proposal April 5, 2000 Page 7 portion of the project, the developer will be required to update the traffic study to determine if traffic improvements will be necessary at the Saddlebrook Curve and Powers Boulevard entrance to the development. Summary of Rezoning to PUD Rezoning the property to PUD provides the applicant with flexibility, but allows the city to request additional improvements and the site's unique features can be better protected. The flexibility in standards allows the disturbed areas to be further removed from the unique features of the site. In return for the flexibility, the city is receiving: Development that is consistent with Comprehensive Plan. Preservation of desirable site characteristics (wetlands, water quality in lake, trees, topographical features, and large expanses of prairie plantings, natural vegetation and permanent open space). Sensitive development in transitional areas. More efficient use of land. SITE PLAN REVIEW The development proposes: A 60,000 square foot two level office building and a 10,000 square foot chapel of life. The office building is setback 240 feet from West 78th Street and 105 feet from the west property line. The chapel is setback several hundred feet from the west property line. The design standards require 100 foot setbacks from these property lines. The building is designed as a walkout structure. The one story elevation is oriented to the parking lot. The walkout elevation is oriented to the wetland and city park to the west. Primary building material consists of sandblasted and acid etched precast, patterned concrete panels in a color similar to the existing Temple (sanibel white). Building elevations are articulated through the use of columns around entrances and windows. Within the columns, a gold colored, anodized metal strip is inset. The entrance canopy/vestibule is raised above the height of the building parapet wall. An anodized, metal Eckankar logo is proposed above the entrance. The building is topped by an octagonal glass skylight. Windows are tinted similar to the Temple and are framed in anodized aluminum. Windows are provided on approximately 82 percent of the building perimeter. The maximum building height is 35 feet. The chapel continues many of the elements on the Temple and office building. The chapel is octagonal in shape with open sides on all but one side. Columns consist of precast concrete panels similar in color to the Temple and office building with a gold colored, anodized metal strip inset in the column. On the inside of the columns are built-in benches. Arches between Eckankar Proposal April 5, 2000 Page 8 columns are created through the use of wood. The roof consists of wood shingles that are capped by an anodized metal cupola. An anodized metal Eckankar symbol is proposed on one wall of the building. An open metal canopy on wood columns is proposed over the path leading to the chapel. The parking standards for the PUD treat the office complex as one unit. This being the first office building in the project, the developer is required to provide 4.5 spaces per 1,000 square feet of building area for the first 50,000 square feet of building and 4.0 spaces per 1,000 square feet for the next 50,000 square feet. The required parking for the office building is a total of 265 spaces of which 45 percent can be provided as proof of parking. The minimum number of spaces required for the office building is 146 spaces. The developer is required to provide a landscaped pedestrian passageway though the parking lot similar to the one in the Temple parking lot. In addition, a sidewalk needs to be installed from the access lane northwest of the building to the access lane southeast of the building to provide connections to the future office building and to the city trail system. A sidewalk or trail must also be installed along the access drive leading from West 781h Street to the interior of the site. LANDSCAPING Minimum requirements for landscaping include 4000 sq. ft. of landscaped area around the parking lot, 14 trees for the parking lot, eight parking lot islands and/or peninsulas, and bufferyard plantings along the south property line. Applicant's proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table. Required Proposed Vehicular use landscape area 4000 s . ft. >3600 s . ft. Trees/ parking lot 16 overstory trees 10 overstory trees 8 islands 11 understory trees 4 islands South prop. Line - bufferyard 6 overstory trees 18 overstory trees B 12 understory trees 22 understory trees 540' (shown - 75% of total) 20 shrubs Applicant does not meet requirements for parking lot trees or islands. The proposed landscape plan will need to be revised in order to meet minimum requirements. As suggested in the design standards, the required interior islands could be consolidated to create landscaped pedestrian walkways within the parking lot. If the islands are consolidated, a minimum of 4 trees per island would then be required unless the applicant can prove a better design. Eckankar Proposal April 5, 2000 Page 9 Applicant does not meet minimum shrub requirements for bufferyard plantings along W. 781h Street. However, since the landscape area is expansive and overstory and understory quantities are well above minimum requirements, staff recommends proposed landscaping be accepted as is. To provide screening of the loading area from W. 78`h St./Highway 5, staff recommends evergreen plantings be added to the west side of the NURP pond. At least 5-7 evergreens would be needed in order to provide adequate screening. LIGHTING/SIGNAGE The proposed lighting will be consistent with the lighting used at the Temple, dark brown anodized with square heads. Lighting shall use shielded fixtures and be directed away from public right-of-way. Sufficient lighting shall be provided to illuminate all areas of the parking lot to provide adequate levels of safety. The applicant is proposing an Eckankar symbol over the entrance to the building and on one wall of the chapel. A separate sign permit application will be required for these signs. Since no detailed information is provided, staff cannot verify whether the size of the signs complies with the design standards. WF,TT,ANDS The wetland located to the west of the proposed building will not be impacted by the construction of the project. Erosion control measures must be installed prior to site grading. GRADING AND DRAINAGE Phase I grading involves development of the building pad and parking lot and drive aisle to facilitate the building sites. In addition, a storm water retention/NURP pond will be constructed as well as berming along the West 78`h Street frontage road. The grading will be limited to the southwest corner of the site. Overall, the site characteristics will be maintained with the exception of a leveled off area for the parking lot. Given the difference in site elevations the 60,000 square foot building will be a walkout -type dwelling with underground parking. A six- foot high berm is proposed along West 781h Street west of the proposed driveway entrance to the site. A regional storm water pond is proposed to accommodate storm drainage runoff from this site as well as the future phases of the property. Storm water retention ponds will need to be redesigned to 4:1 slopes overall or 3:1 slopes with a 10:1 bench for the first one -foot depth of water. Currently, the pond is proposed with 3:1 side slopes. The applicant has submitted detailed storm water calculations for Phase I. Upon preliminary review of the calculations they Eckankar Proposal April 5, 2000 Page 10 appear to be acceptable. Staff will require that the outlet control structure be designed and constructed in accordance with the city's standard detail plates. Upon review of the grading plan staff does have one concern with drainage around the underground garage on the westerly end of the 60,000 square foot building. Surface runoff from the adjacent green way as well as the drive aisles to the underground parking is running towards the underground entrance of the building. There are no provisions for storm water to be conveyed from this area other than overland, which would directly convey the runoff to the wetland. Staff is recommending the applicant consider a sediment basin for pretreatment of the runoff prior to discharging into the wetland. UTILITIES Municipal sewer and water service is available to the entire site. Phase I of the project proposes to extend water service underneath Trunk Highway 5 and West 781h Street to service this site. Staff has concerns with the long-term maintenance of having the watermain underneath Highway 5. However, since there appears to be no other feasible alternative, staff is comfortable with permitting this proposal. The other alternative would be to service the site from Powers Boulevard. This would prevent looping of the water system. The applicant will need to acquire necessary permits from MnDOT for the watermain crossing underneath Trunk Highway 5. The plans also propose extending sewer and water underneath West 78th Street which was recently constructed. The city will not allow West 781h Street to be open cut for these connections. The applicant will need to jack underneath West 78th Street as proposed with Trunk Highway 5. Since this development will be privately owned and maintained, staff recommends due to the great impact on the city's utility infrastructure that the applicant be required to install the utilities in general accordance with the City's Standard Specifications and Detail Plates. There will be a portion of the utility systems (which fall within the city right-of-way or drainage and utility easement) that will be owned and maintained by the city upon completion. Therefore, detailed construction plans for the public portion of the utilities will need to be submitted to the city for staff review and City Council approval prior to issuance of a building permit. In addition, the applicant will be required to enter into a development contract or a site plan agreement which will include financial securities to guarantee utility extension to the site as well as restoration of all utility and street work within the city's right-of-way or utility and drainage easements. Since this overall site will have an impact on city infrastructure and will be privately owned and maintained, at least staff assumes so, there should be some type of routine maintenance schedule by the applicant. The city will not respond should there be complaints of rusty water or sewer lines backing up. If the applicant wishes for the city to maintain these lines, there should be an agreement prepared between the city and the applicant outlining maintenance routines and fees or costs associated with the maintenance of the private system. Another alternative would be for the applicant to request that the city own and maintain the utility lines system upon completion. Eckankar Proposal April 5, 2000 Page 11 Under this scenario the applicant would be required to enter into a development contract with the city, dedicate drainage and utility easements, and pay administration fees. In any event, all utilities constructed for the project should be in general accordance with the city's latest edition of Standard Specifications and Detail Plates. As -built construction plans will be required upon completion of each phase. STREETS The trip generation information contained in the EAW appears to confirm that the level of service impact to the adjacent roadway system will not be adversely affected by the proposed site development and land use. However, staff is still concerned and reserves the right to review traffic impacts on the city/county street systems as the additional phases are brought to the city for review and approval. The EAW document did not recommend any additional turn lane improvements on Powers Boulevard or on West 78th Street due to the limited impact of trip generations from the project. Upon review of the parking lot and drive aisle circulation, staff comments would be limited basically to the turning radiuses may have to be expanded to meet fire truck turning movements which is generally a minor revision. The entrance to Phase I from West 78th Street is proposed at 50 feet wide which is excessive considering the land use and turning movements to and from the site. Staff is recommending that the maximum opening be 42 feet wide (three 14-foot wide lanes) unless the applicant desires to install a center median island similar to the existing entrance off of Powers Boulevard. ;This should be further evaluated by the applicant and staff prior to issuance of a building permit. The city has a bituminous trail on the north side of West 78th Street as well as street lights and landscaping that may be impacted by improvements with site development. The applicant should be aware they will be responsible for all relocation of city street lights, infrastructure and/or landscaping impacted by the proposed site improvements. Pedestrian ramps should also be incorporated where the city's trail is interrupted with the drive aisle out to West 78th Street. EROSION CONTROL Silt fence is proposed around the perimeter of the site and adjacent to the wetland on the downstream side of the grading limits. The plans indicate erosion control being placed between the bituminous trail and West 78th Street that would leave the trail exposed to construction activities or impacts. The silt fence shall be relocated to the property line and not encroach into the City's right-of-way of West 78th Street. In addition, no grading activities may occur within the city's boulevard area. Type I erosion control fence is proposed around the wetlands. The city has a policy requiring Type III erosion control adjacent to wetland bodies for greater protection. Type III erosion control fence will be required adjacent to wetland areas. Storm water ponds Eckankar Proposal April 5, 2000 Page 12 and/or temporary detention ponds shall be constructed with the initial grading phases to minimize erosion potential to the wetlands or downstream water bodies. Erosion control blankets will be required on slopes greater than 3:1. Revegetation of all exposed slopes should occur immediately after grading is completed in accordance with the city's Best Management Practice Handbook. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: (1) Consistency 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; (2) Consistency with this division; (3) Preservation of 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; (4) Creation of 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; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. 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; b. The amount and location of open space and landscaping; C. 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 Eckankar Proposal April 5, 2000 Page 13 d. 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. (6) Protection of 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 overall design and architectural theme for the development is established by Eckankar Design Standards. The office building consists of concrete panel exterior walls with "classical" uses of recessed areas and varied building facades. Subject to the recommended conditions of approval, the development embodies many of the design elements specified in the Highway 5 Corridor Study including a well designed and varied building facade, appropriate building scale and proportion, harmonious colors and building accents, appropriate screening, and the use of high quality building materials. Pedestrian access will be provided from West 78th Street. The proposed development is consistent with the City's Highway 5 Corridor design requirements, the comprehensive plan, the zoning ordinance, and the site plan review requirements. The site design is functional and harmonious with the area. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motions: "The Planning Commission recommends to the City Council approval of the Comprehensive Plan Land Use Amendment from low density residential, medium density residential, public/semi-public, and parks and open space to public/semi-public"; "The Planning Commission recommends to the City Council Conceptual and preliminary planned unit development-office/institutional approval of PUD #00-1 subject to the following conditions: 1. The Developer shall enter into a Planned Unit Development Agreement and provide the necessary security required by the agreement. 2. The developer must comply with the Eckankar Religious Campus Development Design Standards. Eckankar Proposal April 5, 2000 Page 14 3. A conservation easement or other form of preservation mechanism shall be established to permanently preserve the natural areas. "The Planning Commission recommends to the City Council approval of site plan #00-5 for a 60,000 sq. ft. administrative office and archive building and a 10,000 sq. ft. chapel, plans prepared by Korsunsky, Krank Erickson Architects, Inc., dated February 25, 2000, subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. Increase parking lot landscaping to meet minimum requirements for trees and islands. 3. Provide 5-7 evergreens for buffering of the loading dock area. The plantings shall be located on the west side of the NURP pond. 4. The proposed lighting will be consistent with the lighting used at Temple, dark brown anodized with square heads. Lighting shall use shielded fixtures and be directed away from public right-of-way. Sufficient lighting shall be provided to illuminate all areas of the parking lot to provide adequate levels of safety. 5. A separate sign permit application will be required for signs 6. The developer is required to provide a landscaped pedestrian passageway though the parking lot. 7. A sidewalk shall be installed from the access lane northwest of the building to the access lane southeast of the building. 8. A sidewalk or trail shall be installed along the access drive leading from West 78`h Street to the interior of the site. 9. PIV (Post Indicator Valves) will be required for all buildings. 10. No parking fire lane signs and yellow curbing will be required. Contact Chanhassen Fire Marshal for exact locations of signage and curbing to be painted yellow. Eckankar Proposal April 5, 2000 Page 15 11. Additional information will be required to determine fire sprinkler classification for the two- story hugh storage area. Contact Chanhassen Fire Marshal for additional information regarding contents and room classification. 12. Fire apparatus access roads and water supplies for fire protection are required to be installed and made serviceable prior to and during time of construction. Pursuant to Chanhassen Fire Code Section 901.3. 13. Further discussion will be needed to determine building address numbers or if driveways need private street names. Due to the large number of buildings and future expansions, building address numbers and locations will need to be determined for rapid fire, police and ambulance response. One suggestion could be a fire lane only to connect Phase I and Phase Il parking lots. 14. All buildings and facilities must be on an accessible route. 15. The concept utility plan was not reviewed by the Inspections Division at this time. 16. The office building must be protected with fire sprinklers. 17. The office building must comply with the high pile storage requirements of the Fire Code. 18. Seven accessible parking stalls must be provided. 19. Detailed occupancy related code requirements will be reviewed when complete plans are provided. 20. The chapel building must be provided with sanitation facilities that include two male and two female fixtures. 21. Detailed occupancy related code requirements will be reviewed when complete plans are provided. 22. The developer shall supply the City with a detailed haul route for review and approval by staff for materials imported to or exported from the site. If material is required to be hauled off -site to another location in Chanhassen, that property owner will be required to obtain an earthwork permit from the City. Eckankar Proposal April 5, 2000 Page 16 23. The applicant will need to develop a temporary sediment and erosion control plan in accordance with the City's Best Management Practice Handbook. The plan shall be submitted to the City for review and formal approval in conjunction with final plat submittal. 24. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc -mulched or wood fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 25. All utility improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed utility plans and specifications shall be submitted for staff review and City Council approval prior to issuance of a building permit. Open cutting of West 781h Street for the extension of utilities will not be permitted. Upon completion the utilities located outside the city's right-of-way shall be owned and maintained by the applicant. If the applicant desires for the city to maintain the private utilities then a maintenance agreement and drainage and utility easements will need to be prepared and recorded against the property. The watermain in Phase I shall be looped back out to the watermain along Powers Boulevard with a future phase of development. 26. All private streets/driveways shall be constructed to support a minimum of 7-ton per axle design weight in accordance with the City Code 20-1118 "design of parking stalls and drive aisles". 27. Type III erosion control fence shall be used adjacent to wetlands in lieu of Type I. 28. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Minnesota Department of Transportation, Watershed District, Metropolitan Environmental Service Commission, Minnesota Department of Health, and Minnesota Pollution Control Agency and comply with their conditions of approval. 29. No berming or landscaping shall be permitted within the city's right-of-way. A 2% boulevard grade must be maintained along the City's right-of-way. The applicant shall be responsible for relocation of all utilities, streetlights and landscaping along West 78th Street as a result of site construction activities. 30. The rock construction entrances shall be shown on the Erosion control plans at all construction access points. The rock construction entrances shall be maintained until all disturbed areas are revegetated or the driveway/parking lots paved with asphalt. All catch basin inlets shall be protected with silt fence, rock filter dikes or hay bales. Eckankar Proposal April 5, 2000 Page 17 31. Drainage easements shall be dedicated to the City over all ponds and wetlands up to the 100- year flood level. 32. The applicant shall enter into a site plan agreement with the City and provide the necessary financial security in the form of a letter of credit or cash escrow to guarantee compliance with the terms of site plan approval. Detailed cost estimates for site restoration, erosion control, grading for storm water ponds, sanitary sewer and watermain extension to the site shall be supplied to city staff for review and approval. These cost estimates shall be incorporated into the site plan agreement to determine the amount of security required by the City. 33. The maximum driveway access width at West 78`h Street shall be 44 feet face to face unless the applicant is proposing a center median at the entrance. Pedestrian ramps shall be installed where the driveway intersects the trail along West 78`h Street. The applicant shall work with staff in modifying the parking lot layout to meet the Fire Marshal's turning radius requirements." "The Planning Commission recommends to the City Council approval of a resolution of Negative Declaration of the Need for an Environmental Impact Statement for the Eckankar Religious Campus." ATTACHMENTS 1. Findings of Fact and Recommendations PUD 2. Findings of Fact and Recommendations Site Plan 3. Development Review Application 4. Eckankar Master Plan Narrative 5. Neighborhood Meeting Notice Letter dated March 17, 2000 6. Eckankar Religious Campus Development Design Standards 7. Environmental Assessment Distribution Letter 8. Eckankar EAW Distribution List 9. Letter from William J. Weckman to Robert Generous dated 3/23/00 10. Letter from Britta L. Bloomberg to Robert Generous dated 3/21/00 11. Notice of Public Hearing and Mailing List CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Eckankar Planned Unit Development - Office/Institutional On April 5 , 2000, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Eckankar for Planned Unit Development property for Eckankar Religious Campus to rezone the property from RSF, R4, and R12 to PUD-Office/Institutional. The Planning Commission conducted a public hearing on the proposed Planned Unit Development preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned RSF, R4, and R12. 2. The property is guided in the Land Use Plan for low density residential, medium density residential, public/semi-public, and parks and open space being amend to public/semi-public. 3. The legal description of the property is Tract B of Register Land Survey No. 88, Carver County, Minnesota. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. .- 1 b) The proposed use is or will be compatible with the present and future land uses of the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The planning report #00-1 PUD dated April 5, 2000, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Planned Unit Development. ADOPTED by the Chanhassen Planning Commission this 5`" day of April, 2000. CHANHASSEN PLANNING COMMISSION Its Chairman ATTEST: Secretary CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Eckankar Site Plan Review #00-5 On April 5, 2000, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of the Eckankar for a site plan review for the property located at Powers Boulevard and West 781h Street. The Planning Commission conducted a public hearing on the proposed site plan 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 PUD, Planned Unit Development - Office/Institutional. 2. The property is guided by the Land Use Plan for public/semi-public. 3. The legal description of the property is: Tract B of Register Land Survey No. 88, Carver County, Minnesota. 4. Section 20-110: (1) 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; (2) Is consistent with this division; (3) 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 or developing areas; (4) 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; (5) Creates a functional and harmonious design for structures and site features, with special attention to the following: a. 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; b. The amount and location of open space and landscaping; C. 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 d. 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. (6) 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 400-5 Site Plan Review dated April 5, 2000, prepared by Robert Generous, AICP, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the site plan review. ADOPTED by the Chanhassen Planning Commission this I" day of Marsh, 2000. CHANHASSEN PLANNING COMMISSION IM ATTEST: Secretary Its Chairman 1 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT. ' Eckankar c/o William C. Griffith Jr. ADDRESS: 7900 Xerxes Avenue South Bloomington, MN 55431 TELEPHONE (Day time) (612) 8 9 6- 3 2 9 0 OWNER: Eckankar c/o William C. Griffith Jr. ADDRESS: 7900 Xerxes Avenue South Bloomington, MN 55431 TELEPHONE: (612) 8 9 6- 3 2 9 0 xx Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit xx planned Unit Development' .7�, j), Zoning Appeal xx Rezoning Zoning Ordinance Amendment Sign Permits xx Sign Plan Review Notification Sign J xx Site Plan Review• -70 0 X Escrow for Filing Fees/Attorney Cost" ($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) Subdivision' TOTAL FEE $ 2 , 3 5 0.0 0 A rest of all property owners within 500 feet of the boundaries of the property must be included with the 'application. Vicki Boe: Please prepare property owner's list. Building material samples must be submitted with site plan reviews. 'Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of transparency for each plan sheet. " Escrow will be required for other applications through the development contract NOTE -When multiple applications are processed, the appropriate fee shall be charged for,each application. PROJECTNAME Eckankar Master Plan LOCATION Highway 5 /CSAH 17 'LEGALDESCRIPTION Tract B, Registered Land Survey No. 88, Files of the Registrar of Titles, Carver County, Minnesota TOTAL ACREAGE 173.3 7NETLANDS PRESENT xx YES NO PRESENTZONING R4, RSF, R 12 REQUESTED ZONING OI/PUD PRESENT LAND USE DESIGNATION Several — See Narrative REQUESTED LAND USE DESIGNATION Public/Semi—Public REASON FOR THIS REQUEST Approval of the Spiritual Campus Master Plan This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certrTy 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. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. 21 ature of Applicant v rtajigWnatureofOwner lication Received on 4 9 10 LOa Date D a 991 Ob Fee Paid ��3 �V Receipt No. The appricant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. ECKANKAR MASTER PLAN A RELIGIOUS CAMPUS i uF CHANHASSEN, MINNESOTA March 14, 2000 Applications for Approval of ed Unit Development/Office-Institutional and Site Plan Approval for Jopment and Construction of a Religious Campus ECKANKAR RELIGIOUS CAMPUS CHANHASSEN, MINNESOTA OWNER/DEVELOPER Eckankar c/o William C. Griffith, Jr. Larkin, Hoffman, Daly & Lindgren, Ltd. 7900 Xerxes Avenue South, Suite 1500 Bloomington, Minnesota 55431 (612) 896-3290 Fax: (612) 896-3278 ARCHITECT Ronald Krank, AIA Greg Hollenkamp, AIA Korsunsky Krank Erickson Architects 300 First Avenue North Minneapolis, Minnesota 55401 (612) 339-4200 Fax: (612) 342-9267 ENGINEER Greg Frank, PE David Nash, PE McCombs Frank Roos Associates 15050 23rd Avenue North Plymouth, MN 55447 (612) 476-6010 Fax: (612) 476-8532 TRAFFIC CONSULTANT Jennie Ross Ben Tellefson SRF Consulting Group, Inc. One Carlson Parkway North, Suite 150 Minneapolis, Minnesota 55447-4443 (612)475-0010 Fax: (612) 475-2429 2. EY"1110 Dili William C. Griffith, Jr. Larkin, Hoffinan, Daly & Lindgren, Ltd. 7900 Xerxes Avenue South, Suite 1500 Bloomington, Minnesota 55431 (612) 896-3290 Fax: (612) 896-3278 3. I. FACTORS CONSIDERED IN FORMULATION OF THE ECKANKAR RELIGIOUS CAMPUS MASTER PLAN The information contained in this development narrative, together with the Master Plan, Site plans, and building plans for the Eckankar Religious Campus, have been prepared taking into consideration the following: 1. The location, characteristics, and boundaries of the 173-acre Site located east of Lake Ann, west of Powers Boulevard/County State Aid Highway 17 (CSAH 17), and north of Arboretum Boulevard/Highway 5 in Chanhassen, Minnesota (the Site). The Site is legally described on the accompanying development applications; 2. The needs of the Eckankar religion for a religious campus at the sacred Eckankar Site, to accommodate the works of the church, including spiritual services, educational, office, and archive functions; 3. Existing zoning and land uses surrounding the Site; 4. The Comprehensive Plan Land Use Map; 5. The effect of the development on the regional and local roadway network. II. THE SITE Site Location and Boundaries The Site is in the northwest quadrant of the intersection of Powers Boulevard and Arboretum Boulevard/Highway 5, in the north -central portion of the City. The Site is bordered on the north by residential lots on Utica Lane, on the east by Powers Boulevard, on the south by Arboretum Boulevard/Highway 5, and on the west by Lake Ann Park. Adjacent Land Uses Land surrounding the Site is developed at various intensities. Land across Highway 5 to the South is office and industrial. Land east of the Site is fully developed as low- and high -density residential and retail/commercial. Land to the north is fully developed as low -density residential. Lake Ann Park, west of the Site, provides open greenspace with topography and vegetation similar to that of the Site. Existing Site Conditions The 173-acre Eckankar Site is the spiritual center of the religion of Eckankar, occupying an irreplaceable and vital position in the Eckankar faith. The Site currently provides a setting for 4. the 50,000 square -foot Temple of Eck and its 290-space parking lot. The Site features spiritual contemplative trails throughout, which are essentially mown pathways through the native and restored vegetation. The remainder of the Site is open space, undeveloped land, primarily grass and restored prairie, with several stands of trees and several wetland areas. The Site currently consists of approximately five percent wetlands, 15 percent secondary growth forest, 72 percent brush/grassland and eight percent developed area. Previous development by Eckankar on the Site included planting of native prairie areas. Lake Ann and the City of Chanhassen's Lake Ann Park are located just west of the Site. The park includes both developed and undeveloped recreation areas. The Site is located to the east of a City trail that extends north along the east shore of Lake Ann to Greenwood Shores Park. There are also City trails located along the north right-of-way of West 78th Street (at the south boundary of the Site) and on the east side of Powers Boulevard (across the street from the Site). The diversity of habitats on and adjacent to the Eckankar property results in the presence of a relatively diverse wildlife population, considering the "suburban" location of the Site. Wildlife recently observed on the Site include songbirds, upland game birds, shore birds, raptors, small mammals and reptiles, and white tail deer. A database search by the Minnesota Department of Natural Resources (DNR) Natural Heritage and Nongame Research Program indicated no known occurrences of rare species or natural communities within one mile radius of the Site. The Site is generally rolling and hilly. Site elevation ranges from 932 to 1028 feet above sea level. The high point is in the central portion, just west of the existing Temple. Gently rolling terrain, with a few short steep slopes, makes up the central portion of the Site. The contemplative trails are primarily located on this gently rolling terrain. The southwest corner slopes steeply down to a wetland at elevation 938 feet, then steeply up again to 980 feet near the Powers Boulevard/Highway 5 intersection. The north -central portion of the site also contains a wetland, although surrounding slopes are much more gradual. Higher points in the northwest corner and along Powers Boulevard are restored prairie. The north half of the Site's west border slopes steeply down to Lake Ann. Based on the Carver County soil survey, approximately one third (32.8 acres) of the Site has slopes in excess of 12 percent. The project is within four city sub -drainage districts: Lake Lucy, Lake Ann, Lake Susan and Lotus Lake. Currently the 173.3 acre Site consists of 159.8 acres of land in its "natural" condition of grasslands, woods and wetlands. Much of the grasslands and wetlands were farmed before the existing development occurred in 1990. The northwest part of the Site drains to Lake Ann. The northeast part of the Site drains to wetlands on -site which eventually drain off -site to the north. The central portion of the Site includes the existing developed area and drains to an on -site wetland and eventually off -site to the east. The southwestern portion of the Site drains to an on -site wetland and eventually to Lake Susan south of Highway 5. The southeast portion of the Site drains to a large wetland on -site which is included in a designated City drainage easement which drains to the south of Highway 5. Lake Ann, at elevation 955 feet, reflects the regional groundwater level. A large wetland basin in the southeast corner of the Site is at an approximate elevation of 932 feet. Six other "perched" wetlands are scattered throughout the Site at approximate elevations of 990, 982, 998, 1000, 990, 5. and 958 feet. According to the U.S.G.S. Water Resources, Lower Minnesota River Watershed Atlas, bedrock is generally at an elevation of approximately 700 feet above sea level The Carver County soil survey identified 12 different soil map units on the Site. Nine of these map units consist of the same soils with different slope classes and/or erosional phases. A list of these map units and their general physical properties is provided in the Environmental Assessment Worksheet (EAW). Based on information in the Carver County soil survey and U.S.G.S. Water Resources, Lower Minnesota River Watershed Atlas, sinkholes or shallow limestone formations/karst conditions do not exist on this Site. Although some soils are well drained, none have high infiltration rates. No abandoned or unused wells are known to be present on the Site. To the knowledge of the project designers, toxic or hazardous materials are not known to be present on the Site. A preliminary cultural resources assessment survey was conducted for the Site. This survey found no potential impacts to any architectural resources but did identify a partial foundation of a farmstead and a few areas with moderate potential for the presence of archaeological sites within the portions of the Site planned for development. The results of the assessment survey were reviewed with the State Historic Preservation Office (SHPO) staff, who agreed with the need to conduct a Phase I survey for those areas of the property with potential impacts. No intact structures or significant material remains were identified in the Phase I investigation and no further research or survey work was recommended by the cultural resources consultant, based on these results. These findings were forwarded to SHPO for review. SHPO staff indicated that based on the results of the Phase I study, it does not appear that there will be any historic properties affected by the project. Municipal utilities are currently provided to the Site to serve the existing Temple of Eck building. History The Site was previously used as agricultural land and undeveloped open space. The Site was initially selected in January, 1984, as Eckankar's spiritual home. The existing Temple of Eck structure was completed in 1990, and is located in the center of the Site. Existing Religious Use The existing Temple of Eck building, built in 1990, currently must accommodate worship services, archives, offices, and educational and meeting space. Eckankar requires additional space for other church -related activities that take place at the Temple, including: religious study classes, discussion groups, weekly prayer meetings, religious ceremonies, (e.g., consecrations, weddings and memorial services), and church -sponsored boy and girl scout evening meetings. The existing Temple, located on a high point in the center of the Site, will continue to provide the focus for the religious campus. The religious campus has been carefully designed as a whole, including an essential zone of quietude or "apron" around the religious campus that provides the necessary environment for 91 religious worship at Eckankar's primary spiritual site, as well as providing an environment in which Eckankar can carry out its religious mission. The setting, including the surrounding zone of quietude, is meant to serve church members, visitors and clergy in the pursuit of their spiritual goals. III. DESCRIPTION OF THE PROPOSED PROJECT The Religious Campus The proposed project is designed to continue the establishment of an Eckankar Religious Campus. The design calls for continued development of a 430,000-square-foot religious campus over the next ten years. The Master Plan for the religious campus includes facilities for religious worship, religious education, church archives and museum facilities, and church administration totaling approximately 380,000 square feet, in addition to the existing 50,000-square-foot Temple facility. Approximately 70 percent of the Site would remain undeveloped, to preserve existing woodland, prairie and wetland natural features and to maintain an essential zone of quietude around the religious campus. The purpose of the project is to provide a center for the Eckankar religion. The Master Plan provides the facilities for the Eckankar community's continued worship in a setting necessary for that worship. The variety of facilities are essential to Eckankar's ability to serve church members and clergy. The physical design of the religious campus is an essential element, and reflection of, Eckankar's spirituality. The religious campus is organized to reflect a hierarchy of uses. The Temple serves as the center of the Site; it hosts community worship, and is the highest spiritual use. Chapels for smaller worship groups, and the administrative and educational uses are sited to the sides. Although these uses support and form an essential part of Eckankar's religious purpose, they are lesser spiritual uses. The lesser spiritual uses are sited to emphasize the central purpose of the Temple. The zone of quietude enveloping the religious campus provides a buffer between the campus and the busy roads at its borders. The Temple and Sanctuary building is arranged on an axis, suggesting stability and permanence; the Celebrations of Life Chapel is sited along the same axis. Each campus building is sited so that the Temple is visible from the main entry. The Temple and Sanctuary building is visible from both main drives, and will be emphasized upon entry. The accessory parking is arrayed in rounded fan shapes, which are a better fit among the rolling landforms of the Site. The two small chapels are provided pedestrian access, but parking lots are kept away, to enhance the feeling of harmony with the land. Finally, the contemplative trails radiate from the Temple and envelop the outlying campus buildings. Proposed Development Plan Eckankar requires additional space for church -related activities that currently take place at the Temple, including: religious worship services, religious study classes, discussion groups, weekly 7. prayer meetings, religious ceremonies, (e.g., consecrations, weddings and memorial services), and church -sponsored boy and girl scout evening meetings. In addition, church administrative offices will move from New Hope, Minnesota to the Eckankar property in Chanhassen. Like other churches in Chanhassen, Eckankar is better able to carry out educational, office and archive functions in buildings specifically designed for them. The proposed Master Plan will accommodate these functions in other buildings. The existing Temple will continue to provide a focal point for the Site. The Site is organized to provide the educational and religious buildings to the north closer to neighboring residential and park areas, and the religious administrative functions to the south, closer to neighboring commercial development. The Temple will remain the spiritual, physical and design center of the religious campus. The variety of facilities are essential to Eckankar's ability to serve church members and clergy. The setting, including the surrounding zone of quietude, is meant to serve church members, visitors and clergy in the pursuit of their spiritual goals. The religious campus is designed to comply with state and local requirements, including land use, zoning, building codes, storm water and wetlands, and includes sanctuary for religious life, human life and wildlife. South and west of the existing Temple, the Master Plan depicts five buildings arrayed around accessory parking: religious chapel, religious archives/museum, religious library, and two centers for church administrative functions. North of the existing Temple, the Master Plan calls for two religious education buildings, one for youth education and one for adult education. This area is directly served by parking. Eckankar will maintain the existing religious trail network (a mowed grass trail) which is now used for contemplative walks by its members and the public. The trails are designed to take advantage of prominent natural features, as well as rolling topography and extraordinary views. The trails will also connect the existing Temple facilities with the other religious and worship buildings on the Site. These trails are an important component of the zone of quietude that surrounds the perimeter of the religious Site. The Site is planned to function as the spiritual and administrative center for the Eckankar religion, as well as providing a local place of worship. As such, one of its essential functions will be to provide space for Eckankar's archives. Employee and visitor projections for the religious campus are therefore based, in part, on this archive use and on current employee and visitor numbers on the Site and at Eckankar's administrative offices in New Hope, Minnesota. Following construction, the Site will primarily remain open grassland, with significant stands of trees and wetlands preserved. Limited areas will be graded for access roadways, parking areas and building sites. Buildings will be designed to be unified in appearance, compatible with the Temple. The new buildings are proposed to use the same or matching exterior materials, including glass and roof finishes, as the existing Temple. In keeping with Eckankar's preservation of natural habitat and sanctuary for wildlife, buildings will be oriented to fit the terrain. Buildings and the trail network will provide views of the Site's natural features, and the surrounding area. Phasing Eckankar has planned the development of its religious campus over many years. The Master Plan proposes a ten-year build out period, which will proceed in phases. Phases are noted in a phasing schedule in the Environmental Assessment Worksheet. The first phase will likely begin construction in fall of 2000. Buildings expected to be constructed in the before 2005 are included in the first phase. The religious campus has been carefully designed as a whole, including the Temple focal point, as an essential zone of quietude that provides the necessary environment for religious worship, and campus buildings arrayed to facilitate the religious purpose. The construction is phased so that during and after each phase, the campus will maintain a balance of religious functions. The administration building proposed as part of phase one, will provide a total of 60,000 square feet of archive and office space on two 30,000-square-foot levels. The building is built into the sloping contours southwest of the existing Temple, providing a one-story facade facing northeast and a two-story facade facing southwest. The entry level will accommodate administrative offices, reception, and meeting space. The lower level is designed for the archives, storage, document reproduction and administrative support, and the lunchroom. The accessory parking area near the entry will meet parking requirements, and the contemplative trails will extend around the building. Phase one also includes an outdoor wedding chapel, the Celebrations of Life Chapel, located on a high point just west of the existing Temple. The chapel is an open air pavilion, reached only by walking path, designed for contemplation and gatherings of up to 200 people. The octagonal shape and sheltering roof form combined with the simple materials of wood and concrete enable the structure to remain in harmony with its natural setting. The administration building and Celebrations of Life Chapel are proposed to begin construction in 2000. A third building is proposed as part of Phase one, but will be built later. The religious offices and museum building, immediately south of the existing Temple across the parking lot, is included in phase one. Detailed plans for this building will be submitted when a construction time has been determined. Four projects are proposed for phase two: two significant buildings in the southeast building group, the religious center office building #2, and the library; a sanctuary addition to the existing Golden Wisdom Temple, and the Contemplation Chapel, a small chapel similar to the Celebrations of Life Chapel, located in the north portion of the Site. Three projects are proposed for phase three: the Adult and Youth Religious Education buildings, in the north portion of the Site; and the Local Temple of Eck, a smaller house of worship located east of the Existing Temple, closer to Powers Boulevard. Parking affiliated with each project is proposed to be constructed at the same time as the project. Detailed plans will be submitted for each project as each project is scheduled for construction. a Site Grading and Drainage The project will enhance storm water management throughout the Site by implementing goals of the City of Chanhassen's surface water management plan. The final Site grading/drainage plans will maintain approximately the same run-off rates as existing conditions and will include ponding to treat run-off from impervious areas prior to discharge to wetlands on the Site. These storm water ponds will also help control downstream flooding and improve water quality of surface waters discharged from the Site. After full development the northwest, northeast, and southeast parts of the Site will largely remain undisturbed. Impervious surfaces (27.7 acre, 16 percent) and urban/suburban lawn -landscape (15.9 acre, 9 percent) will occupy approximately 25 percent of the Site. The central portion of the Site will be split into two site drainage areas, which will drain to the proposed north and central storm water treatment ponds prior to discharging to on -site Type 1 wetlands. Impervious surfaces and urban/suburban lawn -landscape areas in the southwest part of the Site will drain into the proposed south storm water treatment ponds. The north treatment pond will drain to the east, while the central and south ponds will drain to the large wetland in the southeast corner of the Site designated as storm water basin LS-A3.10 in the Chanhassen Storm Water Management Plan (SWMP). Detention/treatment facility plans and Best Management Plans will be provided in conformance with state and local requirements as Site grading/drainage plans are developed for each phase of the Master Plan. Only one acre of the approximately 23 acres of the Site which currently drains to Lake Ann will be converted to impervious surface and/or urban/suburban lawn -landscaping. Surface water run- off from this developed area will be discharged to the proposed north storm water treatment pond in the LL-A10 sub -district and will not drain to Lake Ann. Natural Habitat Natural habitat will be preserved and restored consistent with the master planning for the Site. In particular, the wetlands in the southeast and northwest corners, and surrounding slopes, will be primarily undisturbed. The large wooded area in the central and northern portions of the Site, bordering Lake Ann Park, will also remain. Together with the Park, this area will continue to provide unbroken natural environment for wildlife. Grassland and restored prairie along the east edge of the Site, in the northwest corner, and along the southwest border with Lake Ann Park will also remain undisturbed. Access and Traffic Characteristics The primary access to the Site will continue to be the Temple access from Powers Boulevard. The Temple accessory parking is connected to the parking serving the northerly building group. An access will be added from the Highway 5 Frontage Road to serve the administrative buildings in the southwest portion of the Site. Both the frontage road and the Temple access will therefore exit onto Powers Boulevard. 10. The Temple building area in the center of the Site and the administrative building area in the southwest portion of the Site do not connect for intrusive vehicle access through the Site. A steep slope, from 1010 feet to 986 feet, at the edge of the Temple South parking lot, would require extensive grading and excavation to provide vehicle.access. Vehicle access between the Temple and the southwest building group would likely be used as a cut -through by non -church traffic to avoid traffic controls at Powers Boulevard and Highway 5. In addition, providing pedestrian and visual access from the Temple to the administrative group serves to protect the hierarchy of uses, which is the organizing principle of the religious campus, by ensuring that the Temple remains the central destination, rather than a point on the route to the administrative area. A traffic study has been completed for the Master Plan. The traffic study projected the Master Plan, built out, would generate total average daily traffic of 4,325 trips, with peak hour generation of 454 trips in the weekday afternoon peak hour and 1,225 trips in the "worst case" Sunday morning peak hour. From, a positive standpoint, the traffic study concluded that full build -out of the Master Plan would not reduce the weekday p.m. peak hour level of service at either of the Powers Boulevard intersections. The traffic analysis projected no significant impacts on traffic congestion on area roads or on the regional transportation system as a result of the proposed Site development. The traffic study also compared anticipated residential traffic generation, if the Site was developed residential under the current City Code restrictions. Residential development generated higher levels of traffic, and resulted in levels of service the same as or slightly worse than the Master Plan development. IV. CONSISTENCY OF PROJECT WITH THE CHANHASSEN COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE Land Use Plan Chanhassen's 1998 Comprehensive Plan Update, which incorporates the City's Highway 5 District study of 1995, was recently approved by the Metropolitan Council and enacted by the City. The Comprehensive Plan identifies the planned Site land uses as Public/Semi-Public; Low-, Medium- and High -Density Residential; Institutional development; and parks and open space. As part of the development proposal, the applicant is requesting a land use amendment to public/semi-public for the entire property. Zoning Chanhassen's current Zoning Code designates the Site as RSF, residential single-family, in the northern portion, R4, moderate density residential, in the central portion, and R12, high -density residential, in the southern portion. The church use is allowed as a conditional use in the RSF, R4, and R12 Districts. The Site's inclusion in the Highway 5 Overlay District does not affect 11. this zoning classification. As part of the development proposal, Eckankar is requesting rezoning of the property to Planned Unit Development Office/Institutional. The Master Plan proposes to continue the church use, along with church administrative functions, which carry out the religious purpose of the campus. The existing and proposed uses of the Site are compatible with adjacent residential and open space uses. The vast majority of the Site will remain green space. All buildings and accessory parking will exceed minimum setbacks from the Site boundary. The church use is allowed as a permitted use in the Office/Institutional (01) District, which is the proposed new zoning for the Site. Administrative offices, libraries, and museums are also permitted uses in the 01 District. The proposed Master Plan development will comply with 01 minimum lot size, frontage, and lot coverage restrictions. Planned Unit Development (PUD) The City has requested that the Master Plan obtain approval as a PUD. The Master Plan complies with PUD requirements and meets the objective standards set forth in the City's PUD ordinance (Code Section 20-501 to 20-519). The Site is larger than five acres (20-503). Hard surface coverage will be less than the 30% allowed in low or medium -density residential areas, the strictest PUD requirement (20-505(e)). Setbacks shall exceed those prescribed in Section 20- 505(f): 30 feet from local streets and lot lines; 50 feet from collector or arterial streets. The PUD is intended to ensure "significantly higher quality and more sensitive" development than would occur under the existing zoning (20-501). The Master. Plan does this by responding to each of the PUD criteria in the City's Code. The Master Plan preserves site characteristics, allowing most of the site to remain in its natural state, preserving open prairie and significant woodlands, particularly those adjoining Lake Ann Park, and preserving Site wetlands. The Master Plan provides higher quality of design, including masonry construction and distinctive architecture reflective of Eckankar's religious principles. The Master Plan provides a buffer of open, natural habitat space between commercial development to the south and single-family residential to the north. Highway 5 Corridor The HC-1 overlay District applies to control development in the Highway 5 Corridor. The District is designed to provide for the intense development expected in the highway corridor, while protecting aesthetics in the corridor, one of the City's primary gateways. The corridor regulations require protection of environmental features, such as creeks, wetlands and stands of mature trees, while promoting high -quality architectural and site design. Section 20-1450. The Master Plan is designed to meet and exceed the District requirements. The Master Plan is consistent with the Comprehensive Plan, Surface Water Protection Program, zoning ordinance, and other land use controls, as detailed in this narrative. The Master Plan preserves natural conditions on the Site to the greatest extent possible. About 145 acres of greenspace, wetland, and wildlife habitat will remain after development. Perhaps more 12. importantly, the open land will remain in large, unbroken areas, maximizing its visual effect and its benefits to wildlife. Section 20-1451. Materials, lighting, textures, colors and architectural and landscape forms will create a unified, high -quality design concept on the Site. The Master Plan buildings will be compatible in appearance, using high -quality exterior materials chosen to reflect a sense of permanence and stability. The Master Plan is designed to reflect the hierarchy of religious uses, is focused to the Temple at its center, and is arrayed in harmony with the natural landforms. The forested area n the west -central portion relates well to Lake Ann Park. The restored and natural prairie areas relate well to the Utica Lane residential development, and the natural wetland in the southeast provide both a buffer and a transition from Highway 5. Landscaping and berming will be utilized to enhance the Highway 5 facade, as shown on the Highway 5 rendering. Section 20- 1451. Shoreland Zoning The northwest corner of the Site is adjacent to Lake Ann, which is classified as a Recreational Development Lake. Although the Lake (OHW=955.5) and the 100-year flood elevation (957 feet) do not encroach on the property, approximately 44 acres of the Site is within the Lake Ann Shoreland District. The City's shoreland ordinance required a minimum 75-foot setback from the OHW of Lake Ann. The Master Plan is in compliance with the City's shoreland ordinance. Bluff Setback A bluff, defined in the City Code as an area of 30% or greater slope and 25 feet or greater elevation change, exists in the southeast corner of the Site. The top of the bluff is at elevation 980 feet, while the toe is at elevation 940 feet. A thirty-foot building setback is required from the top, toe, and sides of the bluff. The first twenty feet from the toe or top of the bluff are defined as bluff impact zones in which no grading or alteration is permitted. As shown on the engineering documents, the buildings are proposed to meet the setback, and construction limits are proposed to be outside the bluff impact zone. Site Plan Review The Master Plan meets or exceeds the requirements for Site Plan Approval. The religious campus is a church use compatible with the Comprehensive Plan, since it is a conditional use in the current residential zoning districts and a permitted use in the proposed OI District. The Master Plan preserves approximately seventy percent of the Site in its natural or restored state, providing natural habitat, wetland, and woodland to a much greater extent than potential residential or other institutional development on the Site. The Master Plan design upholds Eckankar's principle to exist in harmony with nature. The Master Plan provides adequate vehicular and pedestrian circulation, protects adjacent and neighboring properties both by buffering commercial from residential and vice versa, and by providing and preserving attractive views and natural habitat, a desired neighborhood amenity. Finally, the Master Plan upholds the City's architectural standards. Sec. 20-110; Sec. 20-116. 13. Sign Plan The PUD allows signs as proposed in an approved sign plan (20-505(i)). Eckankar proposes signs to be shown on the site and building plans, including monument signs at each entrance, with circulation, parking, building, trail markers, and area signs as appropriate within the Site. Sign materials and appearance will be compatible with the building architecture. Parking The Master Plan is expected to provide 1507 additional parking spaces. Added to the 290 spaces for the existing Temple parking, total parking provided will be 1797 spaces at full build -out. Under the City's Zoning Code, 1595 parking spaces are required for the full build -out. The Master Plan therefore meets or exceeds the City's parking requirements. The dashed area shown in the central portion of the south parking lot can serve as either paved parking or proof of parking. Based on parking levels at Eckankar's administrative facilities in New Hope, parking will be sufficient without paving the proof of parking area. Although the area could be paved to provide parking in strict compliance with City Code standards, it reduces impervious surface and increases green space if left as proof of parking. Since the PUD allows variation from parking restrictions, Eckankar requests that this area be designated proof of parking and left unpaved unless shown to be necessary to provide adequate parking. V. SUMMARY OF RATIONALE SUPPORTING PROJECT APPROVAL 1. Eckankar's church use is authorized on the Site under the current zoning, with a Conditional Use Permit, which has been granted for the existing church use. The Master Plan proposes to continue that church use, with additional facilities in furtherance of Eckankar's religious mission. 2. The existing Temple has been compatible with neighboring residential development. The Master Plan proposes to continue many of the same functions. 3. The Master Plan provides continued preservation of natural wildlife habitat, the existing terrain and open space characteristics, and the wetlands and woodlands on much of the Site. 4. Preservation of natural features enhances Lake Ann Park and neighboring residential areas. 5. Compared with the residential development allowed on the Site, the Master Plan preserves natural features and characteristics to a greater degree, generates less traffic, amplifies the potential positive wildlife and habitat impacts of Lake Ann Park, and preserves views for the public and the residential neighbors. 14. VI. ECKANKAR RELIGIOUS CAMPUS SITE AND DEVELOPMENT DATA Zoning: Existing Guiding: Low -Density Residential Medium -Density Residential High -Density Residential Institutional Public/Semi-Public Parks/Open Space Proposed Guiding: Public/Semi-Public Existing Zoning: Residential Single Family (RSF) Moderate Density Residential (R4) High -Density Residential (R12) Proposed Zoning Planned Unit Development-Office/Institutional Gross Site Area: 173.3 acres +/- Drives & Surface Parking Building Site Coverage Landscape / Open Area Parking: North Parking Lot Temple East Parking Lot Temple West Parking Lot South Parking Lot Total Utility Connections: Sq. Ft. Acres 858,000 19.7 429,000 9.8 6,263,928 143.8 As noted on Site Plan As noted on Site Plan As noted on Site Plan As noted on Site Plan 1797 Stalls Sanitary sewer services will connect to the existing sanitary sewer line as shown on Site Plan Storm sewer will be routed as shown on Site Plan 15. Building Data: Refer to architectural drawings for proposed building dimensions. Building design to be finalized prior to construction of each phase. 0552072.01 16. ROBERT L. HOFFMAN LARKIN HOFFMAN DALY & LINDGREN LTD. ANDREW F. PERRIN GERALD H. FRIEDELL EDWARD J. ORISCOIJ. FREDERICK W. NIEBUHR GENE N. FULLER ATTORNEYS AT LAW RE L. JACKSON ' J CKSON JOHN D. FULLMER WINES ON FRANK I HARVEY ANN M. MEYER CHARIES S. MODELL CHRISTOPHER K. LARUS CHRISTOPHER J. DIETZEN 1500 NORWEST FINANCIAL CENTER DOUGLAS M. RAMLER LINDA H. FISHER STEPHEN J. KAMINSKI A8 P. SMAM 7900 XERXES AVENUE SOUTH THOMAS F. ALE%ANDER DANIEL T. KADLEC MICH ICHAEL C. JACKCK MAN JON E. DIEM SHARNA A WAHLGREN S.S S. S BLOOMINGTON, MINNESOTA 55431-1194F. J. FLYNNSW THOMAS. FLYN THO ARAM S HUH ADAM S. HUHTA' JAMES P.OUINN TELEPHONE (952) 835-3800 NICHOLAS A.J. VUETSTRA TODD L FREEMAN C. ERIK HAWES GERALD L. BECK FAX (952) 896-3333 JOHN E. YONKER JOHN B. LUNDQUIST JAMES M. SUSAG DAYLE NOLAN' OANIEL J. BALLINTINE JOHNA COTTER' JOHN A. MACK B. UNKETT JEFFREY D. CAHILL ALANPAUL 1J ALAN L. KILDOW SONVA R. BRAUNSCHWEIG KATHLEEN M. PICOTTE NEV MAN JOSEPH J. FITTANTE, JR. MICHAEL B. LEBARON CVNTHIA M. KLAUS GREGORY E. KORSTAD MARK D. CHRISTOPHERSON GORY A VAN CLEVE' M. SFIANE BWANSON OANIEL L. BO�MES NEAL J. BLANCHETT TIMOTHY J. KEANE TAMARA O'NEILL MORELAND ALAN M. ANDERSON JAMES A. MCGREEW, III MIC 4AEL W. SCHLEY THOMAS A. GUMP " RONN S. KREPS - TODD A. TAYLOR TERRENCE E. BISHOP - OF COUNSEL GARS A. RENNEK£ JAMESCHR P. LARKIN' KENDS OPHER J. FWRflLSTNAI KENDEL J. OHLRDGGE JACK F. DALY BRUCE J. DOUGLAS D. KENNETH LINDGREN WILLIAM C. GRIFFITH. JR. ALLAN E. MULLIGAN MULLIGAN E.SEPH JOHN R. HILL JOLAN ITIS PETER J. COYLE ADMITTED IN SIN LARRY D. MARTIN ONLY ONLY ADMITTED IN CALIFONI CALIFORNIAWISCOJANE E. BREMER JOHN J. STEFFENHAGEN MICHAELJ. SMITH March 17, 2000 City of Chanhassen 690 City Center Drive P.O. Box 147 Chanhassen, MN 55317 Re: Review of the Master Plan - Eckankar Campus, Chanhassen, Minnesota Neighborhood Meeting - April 3, 2000 Dear Sir or Madam: You are cordially invited to join us for an,open house to review the Master Plan for the Eckankar campus. We believe the project provides a significant benefit by preserving open space for the surrounding area. The open house will be an opportunity for you to meet the development team, review this exciting development proposal and to ask questions about the timing and scope of the project. We have enclosed a recent article from the Chanhassen Villager that gives you an overview of the project. We look forward to meeting with you on April 3, 2000, Chanhassen City Council Chambers at 7:00 p.m. Thank you for your interest. Sincerely, William C. Griffith, Jr., for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. cc: Peter Skelskey, Eckankar Kate Aanenson, City of Chanhassen Bob Generous, City of Chanhassen Eckankar Development Team 0564557.01 7 Oo • ~G.A L'i' upi G O p p] p n tii adoG� ,v�p0' mn �,dn,,.t"i vi�,•�i�,t'p3 0 0- ..b b O "' O '4 pa 6 C�fp m N Wos� 9 N �dm 3ay� NN.yZF K0 = fA f= fD 7 7 = ;5 I N R19 A 'e•Z fo Q nFF Ica 3 3 t' M y �i ti o <6 �. tz rL N ! G m 0 0 ogg - mo . 3 MorL uc m m0 oo�•m �gcD - cl 3 N °1 % AmF. N �, N V 3 C �i'' kK'� ,L •xv„ -••ci .3 i A ems+ V N' m M m V�•- t O m tO U 7 m. '4 `L p O fD Pr Nxy snx �mo2VGmrt1CL 1 m m tT � C (D 5• m m7 � ��.f � �t. 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The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each building proposed for development shall proceed through site plan review based on the development standards outlined below. b. Permitted Uses The permitted uses in this zone should be limited to uses appropriate within a religious campus setting as defined below. If there is a question as to the whether or not a use meets the definition, the Planning Director shall make that interpretation. Institutional. Establishments that are public/semi-public in nature. Structures or places where worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held. Included in this use are administrative, cultural, storage facilities, and internal studios or communication/electronic facilities associated with the belief system. Administrative Offices Archives Assembly or worship halls Chapels Churches Cultural facilities Education facilities or services Libraries Museums Temples Ancillary Uses (in conjunction with and integral to a primary use) Day care Maintenance and support facility Retail Sales (limited to three percent (3%) of a building's floor area Telecommunication Antennas Eckankar Religious Campus Design Standards C. Setbacks In the PUD standards, there is the requirement for landscape buffering in addition to building and parking setbacks. The following setbacks shall apply: Building Parkin Powers Boulevard.: Buffer yard & Setback B, 100' 100' West 781h Street: Buffer yard & Setback B, 100' 100, West Perimeter Side Lot Line (adjacent to Lake Ann Park): Buffer yard & setback B, 100' 75' North Perimeter Side Lot Line (adjacent to residential): Buffer yard & setback C, 200' 100' Wetlands: buffer area & setback 20', 75' 20', 75' Bluff buffer area & setback 20', 75' 20', 75' Buffer yards are as specified in the City of Chanhassen Landscaping and Tree Removal Ordinance, Article XXV. The buffer area adjacent to wetlands and bluffs must be maintained in a natural state. Manicured lawns and landscaping areas are not permitted within the 20 foot buffer area (sections 20-406 and 20-1403 ). No permanent fences shall be permitted between the required perimeter landscape buffer and the property line. d. Development Site Coverage and Building Height 1. The standard for hard surface coverage is 20% for the overall development. Additionally, approximately 30 percent of the site will be altered from its natural state, exclusive of prairie restoration, wetland planting and habitat landscape areas. 2. More than one (1) principal structure may be placed on the parcel. 3. The maximum building height shall be three stories/40 ft., exclusive of architectural roof features such as steeples, bell towers, etc. Eckankar Religious Campus Design Standards 4. The following table shall govern the amount of building area for the different uses: Office (sq. ft.) Institutional TOTAL sq. ft. (sq. ft.) Existing 50,000 50,000 Phase I 110,000 10,000 120,000 Phase H 60,000 94,000 154,000 Phase III 0 105,000 105,000 TOTAL 170,000 259,000 429,000 5. Building square footages may be reallocated between phases subject to approval by the Planning Director. Building square footages may be reallocated between uses subject to approval of the Planning Director. In no instance shall more than 430,000 square feet of building square footage be developed without an amendment to the PUD. 6. The developer shall update the traffic study done for the overall development after development of an additional 90,000 square feet of building area being accessed from Powers Boulevard at Saddlebrook Curve to determine if traffic mitigation measures will be required on Powers Boulevard. e. Building Materials and Design 1. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. The intent is to create a pedestrian friendly, religious campus with cohesive and harmonious architecture, yet with variation in materials and design. 2. All materials shall be of high quality and durable. Major exterior surfaces of all walls shall be face brick, stone, glass, architecturally treated concrete, cast in place panels, decorative block , stucco, or approved equivalent as determined by the city. Color shall be introduced through colored block or panels and not painted block, brick, or concrete panels. Architectural wood may be used in the chapels. Wood may also be used for decorative features such as arbors, fences, screens or trellises. 3. Block shall have an architectural face such as weathered face or be polished, fluted, or broken face. Exposed cement ("cinder") blocks shall be prohibited. 4. Metal siding, poured in place gray concrete (unless retaining wall), EIFS, vinyl siding and similar materials will not be approved except as support material to one of the above materials, as accent materials, or as trim or as HVAC screen, and may not exceed more than 20 percent of a wall area. Eckankar Religious Campus Design Standards 5. All accessory structures shall be designed to be compatible with the primary structures. 6. All roof mounted equipment shall be screened by walls of compatible appearing material or integrated into the building design. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. All mechanical equipment shall be screened with landscaping berming, and/or material compatible to the building. 7. The use of large unadorned, concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall and its views from public ways shall be prohibited. All walls shall be given added architectural interest through building design or appropriate landscaping. 8. Space for recycling shall be provided in the interior of all principal or accessory structures. Trash enclosures shall be screened from public view. 9. All elevations shall receive nearly equal architectural treatment and visual qualities. 10. The materials and colors used for each building shall be selected in context with the adjacent building and provide for a harmonious integration with them. Extreme variations between buildings in terms of overall appearance, bulk and height, and colors shall be prohibited. 11. Building roof forms shall be massed and detailed to add variety and articulation. These forms include such elements as pitched roofs, towers, arches, vaults, entryway projections, canopies, etc. 12. The following design elements are examples of different ways to accent a building: Building Accents Towers, arches, columns, bosses, tiling, cloisters, colonnades, buttresses, loggias, marquees, minarets, portals, reveals, quoins, clerestories, pilasters. Roof Types Barrow, dome, gable, hip, flat. 4 Eckankar Religious Campus Design Standards Roof Accents Cupolas, cornices, belfries, turrets, pinnacles, sky lights, gargoyles, parapets, and lanterns. Accent elements such as towers, turrets, spires, etc., shall be excluded from the building height limitation. Window Types Bay, single paned, multi -paned, angular, square, rectangular, half -round, round, italianate. Window Accents Plant boxes, balconies, decks, canopies, awnings, recesses, embrasures, arches, lunettes. 13. Windows shall be provided on a minimum of 50 percent of the wall face perimeter of the building. L Site Landscaping and Screening 1. All buffer landscaping, including boulevard landscaping, shall be installed when the adjacent grading and construction is completed. Each building shall submit a separate landscaping plan as a part of the site plan review process. 2. All open spaces and non -parking lot surfaces, except for plaza areas, shall be landscaped, rockscaped, covered with plantings and/or lawn material, or left in a natural or restored vegetative state. Tree wells and grates shall be included in pedestrian areas and plazas. 3. Loading areas shall be screened from public right-of-ways. Landscaped screening is the preferred screen method. Wing walls may be required where deemed appropriate. 4. Native species shall be incorporated into site landscaping, whenever possible. 5. Parking lot landscaping must comply with the vehicular area landscaping requirements in city code. Landscaping islands and peninsulas shall be a minimum of ten (10) feet in width. g. Signage Intent: The principal use of this site is for a religious campus, and therefore, identification needs are different than for a commercial use. It is the intent of these sign standards to provide direction and building identification, rather than advertising. Eckankar Religious Campus Design Standards 1. One project identification sign shall be permitted for the development at both Powers Boulevard and West 78`h Street. Project identification sign(s)-may-be located at the entrances to the development. Project identification signs shall not exceed 24 square feet in sign display area nor be greater than five feet in height. Pylon signs are prohibited. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material and height throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. 2. Wall signs shall be limited to the Eckankar symbol and/or the building name or function. Such signs shall be integral to the building. Wall signs shall be limited to five (5) percent of the wall area with a maximum sign area of 100 square feet. 3. The location of letters and logos shall be restricted to the approved building sign bands or building monuments. Building monuments shall be limited to a height of five (5) feet and a sign area of 24 square feet. Signage shall be limited to one side of a building. 4. Signage shall be comprised of individual dimensional letters and logos. 5. Directory signs with individual nameplate type directional arrows may be located within the development. (Section 20-1255 (2)) 6. Directory signs shall not exceed 5 feet in height. 7. All wall or monument signs require a separate sign permit. h. Lighting 1. Lighting for the interior of the religious campus should be consistent throughout the development. The development is required to install street lights throughout the access drive and parking lot system. 2. A shoe box fixture with decorative natural colored pole shall be used throughout the development parking lot area for lighting. Decorative, pedestrian scale lighting shall be used in plaza and sidewalk areas and may be used in parking lot areas. 3. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the project perimeter property line. This does not apply to street lighting. 5. Light poles shall be limited to a height of 20 feet. 6 Eckankar Religious Campus Design Standards i. Parking 1. Parking shall be provided based on the shared use of surface parking areas whenever possible. 2. The development shall be treated as a integrated religious campus and provide a minimum of parking. The office/administrative component shall be treated as an integrated office building and provide 4.5 spaces per 1,000 square feet for the first 49,999 square feet, four per thousand square feet for the second 50,000 square feet, and 3.5 per thousand square feet thereafter. Churches and educational facilities shall comply with city ordinance. 3. The development may provide up to 45 percent of any one site's parking as proof of future parking. The plan must show the location for all minimum parking requirements. The city may require the installation of additional parking spaces whenever a need arises. 4. At least one landscaped pedestrian passageways shall be provided though each parking lot area. j. Alternate Access 1. Roadway geometrics for each site shall accommodate transit service. 2. Pedestrian access in the form of sidewalks or bituminous trails shall be provided from the existing Temple parking lot and from the area of the religious office and museum and library buildings in the interior of the site along the access drives to the public sidewalk and trail system on Powers Boulevard and West 78`h Street as adjacent development within the project takes place. 3. The developer and site users shall promote and encourage Traffic Demand Management Strategies. 4. Each building site shall provide areas for bicycle parking and storage. c l OF March 1, 2000 ENRESEN Environmental Assessment Distribution ,690 0Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone612.937.1900 Re: Eckankar Religious Campus Master Plan General Fax612.937.5739 Environmental Assessment Worksheet Ingineering Fax 612.937.9152 PublieSafetyFax 612.934i.2524 The City of Chanhassen is transmitting the enclosed Environmental Assessment 117ebivuittri.ellaul)assen.nnl.lrs Worksheet (EAW) for the proposed development of a religious campus within the City of Chanhassen. A 173 acre site located at the northwest quadrant of the intersection of Trunk Highway 5 and County State Aid Highway 17 (Powers Boulevard) in Chanhassen, Minnesota, is proposed for development of a 430,000 square foot religious campus over the next 10 years. The EAW describes the master plan for the religious campus. The public will be given an opportunity to comment on the EAW for the proposed project at a public meeting to be held April 5, 2000 at Chanhassen City Hall. Public comments on the proposed project will be accepted by the City through April 5, 2000. Comments should be submitted to Robert Generous, AICP, City of Chanhassen, P. O. Box 147, Chanhassen, MN 55317-0147, telephone (952) 937- 1900 ext. 141, fax (952) 937-5739. Sincerely, ---- W-- L14- Robert Generous, AICP Senior Planner Enclosure Eckankar EAW Distribution Lfs�t CIO ENVIRONMENTAL QUALITY BOARD Environmental Review Program 300 Centennial Office Building 658 Cedar Street St. Paul, MN 55155 Ms. Myra White DEPARTMENT OF PUBLIC SERVICE 200 Metro Square Building 121 East 7th Place St. Paul, MN 55101 Mr. Tom Balcoim (3) MN DEPT. OF NATURAL RESOURCES Environmental Reivew Unit 500 Lafayette Road St. Paul, MN 55155-4010 Mr. Joe Esker (3) MN POLLUTION CONTROL AGENCY Operations and Planning Unit 520 Lafayette Road St. Paul, MN 55155 Mr. Gerald Larson (3) MN DEPT OF TRANSPORTATION Mn/DOT Environmental Services 3458 Hadley Avenue North Oakdale, MN 55128 MN DEPT. OF HEALTH Environmental Health Division Policy, Planning and Analysis Unit 121 East 7th Place, Suite 230 St. Paul, MN 55101 Ms. Becky Balk MN DEPT. OF AGRICULTURE 90 West Plato Boulevard St. Paul, MN 55107 MN HISTORICAL SOCIETY SHPO Office 345 Kellogg Boulevard West St. Paul, M 55102 Ms. Carol Blackburn (2) LEGISLATIVE REFERENCE LIBRARY 645 State Office Building St. Paul, MN 55155 ENVIRONMENTAL CONS. LIBRARY (2) Minneapolis Public Library 300 Nicollet Mall Minneapolis, MN 55401 Ms. Char Hauger U.S. ARMY CORPS OF ENGINEERS Regulatory Functions Branch Army Corps of Engineers Center 190 Fifth Street East St. Paul, MN 55101-1638 Mr. William Franz Chief of Environmental Review U.S. Environmental Protection Agency 77 West Jackson Boulevard Chicago, IL 60604-3590 U.S. FISH & WILDLIFE SERVICE Twin Cities Field Office E.S. 4101 East 80th Street Bloomington, MN 55425-1665 Ms. Linda Milashius, Referrals METROPOLITAN COUNCIL Mears Park Centre 230 East Fifth Street St. Paul, MN 55101 Eckankar EAW Distribution List Mr. Doug Thomas MN BOARD OF WATER & SOIL RESOURCES One West Water Street, Suite 200 St. Paul, MN 55107 Conrad Fiskness RILEY-PURGATORY-BLUFF CREEK WMO 8033 Cheyenne Ave, Chanhassen, MN 55317 Mr. Bill Griffith (3) LARKIN/HOFFMAN 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, MN 55431 Bob Generous CITY OF CHANHASSEN 690 City Center Drive Chanhassen, MN 55317 Reference Librarian CARVER COUNTY LIBRARY- CHANHASSEN BRANCH 690 City Center Drive Chanhassen, MN 55317 Mr. Roger Gustafson CARVER COUNTY PUBLIC WORKS 600 East 41h Street Box #6 Chaska, MN 55318 Kate Aanenson CITY OF CHANHASSEN 690 City Center Drive Chanhassen, MN 55317 Jennie Ross SRF CONSULTING GROUP, INC One Carlson Parkway North Suite 150 Minneapolis, MN 55446 �i CARVER COUNTY March 23, 2000 PUBLIC WORDS DEPARTMENT Carver County Government Center Administration Building 600 East Fourth Street Chaska, Minnesota 55318-2192 Phone (612) 361-1010 Fax (612) 361-1025 Robert Generous Chanhassen Senior Planner 690 City Center Drive P.O. Box 147 Chanhassen, MN 55317 RE: Eckankar Religious Campus Master Plan Environmental Assessment Worksheet Review Comments County Roads 17 (Powers Blvd) Dear Mr. Generous: Administration Parks Engineering Highway Maintenance Surveying R Mapping =gin 2 4 2000 The Carver County Public Works Department has reviewed the Environmental Assessment Worksheet transmitted to our office by your memo dated March 1, 2000 and we have also reviewed the material sent to us by your February 29, 2000 memo regarding this planning -case. This letter is a response to the EAW review and the Planning Case 2000-2 LUP, 2000-2. PUD, 2000-5 SPR review. These comments are not meant to be all-inclusive. Additional comments may be needed as this project develops and approaches approval. There is a paragraph on page 20 of the EAW that says; The results of the Sadd lebrook/ Powers intersection improvement scenario analyses were reviewed with Carver County Public Works traffic staff (because Powers Boulevard is a county road). The County indicated that, in the past, no roadway improvements _ have been required from developments that result in occasional short-term impacts to traffic operations. These operational problems projected for the Eckankar site would have a duration of one hour (or likely less) and would occur only under "special event" (Alternative 1 and 2) conditions, not on a routine basis." Though in the past we have not required roadway improvements on developments that result in occasional short-term impacts to traffic operations, this study indicates that the hourly peak traffic could reach 624. This is a higher peak hour traffic amount then we typically encounter especially on a roadway with this high of an existing traffic volume. Also it is unclear from this report how often these "special events" might occur in a one-year time period. This is a private access to Powers Boulevard. The applicant needs to understand that in a typical intersection if traffic control improvements, such as traffic signals, are needed the cost of the improvement is usually divided by the number of legs in the intersection and the cost obligations are split among the owners of the intersection. Afl-i 7nafive Action✓Equal Opportunity Employer Prinsed on 10% Post- Consioner RecN,cled Pooer Letter to Robert Generous March 23, 2000 Page 2 Carver County would like to have the opportunity for further discussion with the traffic consultant regarding the traffic study and impacts before making a final decision on the need for roadway improvements to accommodate this proposed development. Thank you for the opportunity to review this proposal. If there are further questions regarding this letter, please call me at 361-1010. Sincerely, a William I Weckman, P.E. Assistant County Engineer PC: Roger Gustafson ws\... \bill\Chan Letter MINNESOTA, HISTORICAL SOCIETY STATE HISTORIC PRESERVATION OFFICE March 21, 2000 Mr. Robert Generous City of Chanhassen 690 City Center Drive Chanhassen, MN 55317 RE: EAW - Eckankar Religious Campus Master Plan Chanhassen, Carver County SHPO Number: 1999-3798 Dear Mr. Generous: City Vi Thank you for providing this office with a copy of the EAW for the above -referenced project. It has been reviewed pursuant to responsibilities given to the Minnesota Historical Society by the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act and through the process outlined in Minnesota Rules 4410.1600. There are no properties listed on the National or State Registers of Historic Places, and no known or suspected archaeological properties in the area that will be affected by this project. Therefore, in our opinion, the "no" response to question 25a is appropriate. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, Procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, or requires a federal permit or license, it should be submitted to our office with reference to the assisting federal agency. Please contact Dennis Gimmestad at ,651)296-5462 if you have any questions regarding our review of this project. Sincerely, tvtAU—i -NA Britta L. Bloomberg Deputy State Historic Preservation Officer 1..; ! f l( ! I-\ , ! f I \ 1 -1 f cni I ( I N I NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, APRIL 512000 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE APPLICANT: Eckankar PROPOSAL: Eckankar Religious Campus LOCATION: NW Comer of W. 78th St. and Powers Blvd. NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Eckankar, is requesting 1) Comprehensive Plan Land Use Amendment from low density residential, medium density residential pubfic/semi-public, and parks and open space to public/semi-public; 2) Conceptual and preliminary planned unit development-officerinstitutional approval; and 3) site plan approval for a 60,000 sq. ft. administrative office and archive building and a 10,000 sq. ft. chapel. In addition, the city will be reviewing 4) an Environmental Assessment Work sheet addressing potential environmental impacts of the proposed development and making the appropriate findings and decisions on the need for an Environmental Impact Statement. The project is located at the northwest corner of West 78th Street and Powers Blvd., Eckankar Religious Campus. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. if you wish to talk to someone about this project, please contact Bob at 937-1900 ext. 141. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on December Smooth Feed SheetsTM Use template for 5160® CITY OF CHANHASSEN 690 CITY CENTE PO BOX 147 CH SEN MN 55317 CHANHASSEN HRA 690 CITY CENTER PO BOX 147 CH ANH N MN 55317 PERKINS RESTAURANTS OPERTNG PO BOX 1600 ROWLETT TX 75030 CNL AMERICAN PROPERTIES FUND 450 S ORANGE AVE 3RD FLOOR ORLANDO FL 32801 CAPTEC HEALTHNET REALTY INC 224 FRANK LLOY ANN ARBOR MI 48106 STEPHEN S PETERSON 7305 PONTIAC CIR CHANHASSEN MN 55317 JEFFREY S & SUZAN M HOSKINS 7301 PONTIAC CIR CHANHASSEN MN 55317 ROBERT G & DONNA HOBAN 7293 PONTIAC CIR CHANHASSEN MN 55317 PRISCILLA A BURSCH PO BOX 98 CHANHASSEN MN 55317 CAROL M DAUWALTER 7295 PONTIAC CIR CHANHASSEN MN 55317 ROGER J & LUCILLE M LINS 7273 PONTIAC CIR CHANHASSEN MN 55317 BANK ONE BROKERED HOME EQUI PO BOX 71-0094 COLUMBUS OH 43271 ELIZABETH M PITSCH 7275 PONTIAC CIR CHANHASSEN MN 55317 TERRY L HAMM 7271 PONTIAC CIR CHANHASSEN MN 55317 VIRGINIA KOEHNEN 7263 PONTIAC CIR 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CHANHASSEN MN 55317 PO BOX 14 CHANHASSEN MN 55317 LURETTA LARSON ANDREW T ALTHAUSER & PRINCE R NELSON 971 SANTA VERA DR 8533 CHANHASSEN HLS DR 7801 AUDUBON RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 wft Smooth Feed SheetsTM Use template for 51600 TWO S PROPERTIES INC 601 LAKESHORE PKY STE #350 HOPKINS MN 55305 BRENT R SPINDLER 1070 BUTTE CT CHANHASSEN MN 55317 PATRICIA M SUDDENDORF 1060 BUTTE CT CHANHASSEN MN 55317 SI-ZE SU & 1050 BUTTE CT CHANHASSEN MN 55317 CORY D EASTLUND 1040 BUTTE CT CHANHASSEN MN 55317 JEFFREY D STEINMETZ 1030 BUTTE CT CHANHASSEN MN 55317 DANIEL S MAHADY 1020 BUTTE CT CHANHASSEN MN 55317 PETER M & KRISTINE A SCOTT 1010 BUTTE CT CHANHASSEN MN 55317 EUGENE A & KAREN A COX 990 SADDLEBROOK TRL CHANHASSEN MN 55317 SANG Y YATH & 1000 SADDLEBROOK TRL CHANHASSEN MN 55317 RICK D & LINDA L BALMER 1010 SADDLEBROOK TRL CHANHASSEN MN 55317 DANIEL B & PAMELA L VOLBERT 1020 SADDLEBROOK TRL CHANHASSEN MN 55317 MARY M BATEMAN 1030 SADDLEBROOK TRL CHANHASSEN MN 55317 DOUGLAS W & LONA J HOLCOMB 1051 BUTTE CT CHANHASSEN MN 55317 JOSEPH FRANK TULLY 1041 BUTTE CT CHANHASSEN MN 55317 TIMOTHY W & DAWN L SMITH. 1031 BUTTE CT CHANHASSEN MN 55317 LEE H PATTEN 1021 BUTTE CT CHANHASSEN MN 55317 PAMELA S HRUBES 1011 BUTTE CT CHANHASSEN MN 55317 CLARA E WINTERS 1001 BUTTE CT CHANHASSEN MN 55317 JEFFREY K ANDERSON & 991 BUTTE CT CHANHASSEN MN 55317 LINDA JO LANDSTEINER 981 BUTTE CT CHANHASSEN MN 55317 RONALD C & CARMEN T KIRSCH 7341 CACTUS CRV CHANHASSEN MN 55317 PHILLIP D RIEF & 7331 CACTUS CRV CHANHASSEN MN 55317 PATRICK G & ANNE MARIE LAMBER 7321 CACTUS CRV CHANHASSEN MN 55317 RICKY J & ANN M BLOCK 7311 CACTUS CRV CHANHASSEN MN 55317 NICHOLAS WILLIAM LUCAS 1031 SADDLEBROOK TRL CHANHASSEN MN 55317 KAMSIMUANG PHATHACHACK & 1021 SADDLEBROOK TRL CHANHASSEN MN 55317 DEBRA A MEYERS 7250 CACTUS CRV CHANHASSEN MN 55317 BRUCE P & BONNIE R GASPERLIN 7260 CACTUS CRV CHANHASSEN MN 55317 THOMAS J & PAMELA A PREISS 7270 CACTUS CRV CHANHASSEN MN 55317 IW144 - - -- Smooth Feed SheetSTM Use template for 51600 BRIAN K & DEANNE L NICHOLSON 7280 CACTUS CRV CHANHASSEN MN 55317 JAMES D JR & JOANNE NELSON 7290 CACTUS CRV CHANHASSEN MN 55317 THU NGUYEN 7300 CACTUS CRV CHANHASSEN MN 55317 LIONEL ABOULKHEIR & 7310 CACTUS CRV CHANHASSEN MN 55317 LAWRENCE J & COLLEEN WILLEKE 7320 CACTUS CRV CHANHASSEN MN 55317 MARIA L RAYMOND 7330 CACTUS CRV CHANHASSEN MN 55317 JOHN B & BARBARA J MAWER 7340 CACTUS CRV CHANHASSEN MN 55317 JAY & AMY HUANG 7350 CACTUS CRV CHANHASSEN MN 55317 MICHAEL J & MICHELE S GUST 970 SADDLEBROOK CRV CHANHASSEN MN 55317 KIRWIN L & PAMELA K OSBORN 980 SADDLEBROOK CRV CHANHASSEN MN 55317 TODD A & PAMELA A NEILS 990 SADDLEBROOK CRV CHANHASSEN MN 55317 DAVID W & JANE R CALLISTER 7540 CANYON CRV CHANHASSEN MN 55317 GREGG A & MICHELLE W GESKE 7530 CANYON CRV CHANHASSEN' MN 55317 BRENT L & JOYCE A EGERSETT 7520 CANYON CRV CHANHASSEN MN 55317 ROBERT C & KATHERINE D BOHAR 7510 CANYON CRV CHANHASSEN- MN 55317 PATRICK M MCELROY & 7500 CANTON CRV CHANHASSEN MN 55317 DAVID B & PAULINE M BULLER 7470 CANYON CRV CHANHASSEN MN 55317 GARY J & JUDITH VANDERWATER 961 SADDLEBROOK CRV CHANHASSEN MN 55317 MICHAEL C STERN 971 SADDLEBROOK CRV. CHANHASSEN MN 55317 MARK A & BARBARA J CVETNIC 7491 CANYON CRV CHANHASSEN MN 55317 JEFFREY M MCCOSKEY & 7481 CANYON CRV CHANHASSEN MN 55317 JOHN M III & JEAN A LINFORTH 7471 CANYON CRV CHANHASSEN MN 55317 TIMOTHY J & LINDA M MCCORMICK 7461 CANYON CRV CHANHASSEN MN 55317 T F JAMES COMPANY PO BOX 560 EXCELSIOR MN 55331 STEVEN T LEONARD & BRIAN K & JENNIFER LYNN EDGAR T F JAMES COMPANY 950 SADDLEBROOK CRV 7490 CANYON CRV PO BOX 560 CHANHASSEN MN 55317 CHANHASSEN MN 55317 EXCELSIOR MN 55331 -7� SHERYL JEAN HULLANDER TIMOTHY J MURPHY 960 SADDLEBROOK CRV 7480 CANYON CRV CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MARCH 15, 2000 Chairman Peterson called the meeting to order at 7:10 p.m. MEMBERS PRESENT: Alison Blackowiak, Craig Peterson, Deb Kind and Ladd Conrad MEMBERS ABSENT: Kevin Joyce, Matt Burton and LuAnn Sidney STAFF PRESENT: Kate Aanenson, Community Development Director; Cindy Kirchoff, Planner I; Bob Generous, Senior Planner; and Dave Hempel, Assistant City Engineer (Due to technical difficulties with the recording equipment the Minutes of this meeting will be summarized.) PUBLIC HEARING: REQUEST FOR A VARIANCE FROM THE 5 FOOT BLUFF SETBACK FOR THE CONSTRUCTION OF AN ADDITION LOCATED AT 7501 ERIE AVENUE, DENNIS FISHER. Cindy Kirchoff presented the staff report on this item. Dennis Fisher, the applicant, stated that they were requesting the variance to improve a drainage situation on the site. Janis Fisher stated that they would also like to be able to have the home handicap accessible on the main level of the home for elderly relatives to stay for extended periods of time. Deb Kind asked the applicants if they had thought about a smaller garage or detached garage. Dennis Fisher stated that that would not solve the drainage problem. Kind moved, Blackowiak seconded to open the public hearing. Tom Devine, a neighbor to the Fishers, stated that he supported the variance and thought it would improve the Fisher's home and the neighborhood. Kind moved, Blackowiak seconded to close the public hearing. The Planning Commissioners agreed with the staff report and that the applicants had reasonable use of their property without the need for a variance. Blackowiak moved, Conrad seconded that the Planning Commission denies the request for a variance (VAR #2000-2) from the 5 foot bluff protection setback for the construction of an addition based upon the following: 1. The applicant has reasonable use of the property. All voted in favor and the motion carried unanimously. Chairman Peterson informed the applicant of the appeal process if they applicant, a City Council member or any aggrieved person wished to appeal this decision. Planning Commission Meeting — March 15, 2000 PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE A 1.1 ACRE LAKESHORE PARCEL INTO 2 SINGLE FAMILY LOTS ON PROPERTY ZONED RSF AND LOCATED ON LOT 11. BLOCK 1, SUNRISE HILLS 1ST ADDITION. 7303 LAREDO DRIVE, LUCAS IGEL ADDITION. DAVID IGEL. Public Present: Name Address Jon and Janet Holler 7206 Frontier Trail Rich & Eunice Peters 7301. Laredo Drive Sarah King 7200 Kiowa Circle Steven & Becky Chepokas 7304 Laredo Drive Debbie Lloyd 7302 Laredo Drive Adolfo & Leonor Zambrano 7301 Frontier Trail Linda Landsman 7329 Frontier Trail Wendy Wiens 7333 Frontier Trail Jerry, Janet & Emily Paulson 7305 Laredo Drive Pat Pavelko 7302 Frontier Trail Ron & Ann Kleve 7307 Laredo Drive Bob Generous presented the staff report on this item. David Igel and Rachel Igel presented their proposal to the Planning Commission and the neighbors present. David Ige) stated that he believed that this proposal would enhance the value of the property and that the covenants that had been filed with the subdivision had expired. Kind moved, Blackowiak seconded to open the public hearing. Jerry Paulson, David Wallin, Janet Holler, Ronald Kleve, Debbie Lloyd, Linda Landsman, and Leonor Zambrano spoke to the Planning Commission about their feelings that this subdivision would change the character of the neighborhood and did not meet with the intent of the covenants that had been placed on the subdivision when it was developed. Conrad moved, Kind seconded to close the public hearing. The Planning Commissioners stated they could understand the concerns of the neighbors but that legally the subdivision met the standards set in place by the City. Kind moved, Conrad seconded that the Planning Commission recommend approval of preliminary plat, Subdivision #00-02 for Lucas Igel Addition as shown on plans prepared by Carlson & Carlson, Inc., dated February 11, 2000, revised March 8, 2000, subject to the following conditions: 1. A demolition permit must be obtained before demolishing the existing building. 2. All existing utilities must be abandoned and inspected as required by the appropriate department or agency. 2 Planning Commission Meeting — March 15, 2000 3. Final reports must be provided for any soil correction work before building permits will be issued. 4. Sanitary sewer services must be installed in accordance with the Minnesota State Plumbing Code. 5. A detailed grading, drainage, erosion control and tree removal plan will be required at time of building permit application for city staff to review and approve. 6. All lots shall maintain the neighborhood drainage pattern. Erosion control measures will be required on the building permit Certificate of Survey. Erosion control fencing shall be installed on the downstream side of the grading limits. A rock construction entrance may also be required at Laredo Lane. 7. The applicant and staff shall work together in determining the paths for the sanitary sewer and water services that creates the least disruption to existing vegetation. The City, at the applicant's expense, will extend a water service for Lot 1 from Laredo Lane to the property line of Lot 2. The applicant shall be responsible for extending the sanitary sewer service through Lot 1 to Lot 2. The applicant shall escrow with the City $3,500 to guarantee the sanitary sewer service extension across Lot 1 to serve Lot 2. A sanitary sewer and water hook-up fee and connection charge will be applied at time of building permit issuance on Lot 2. The cost of extending the water service to Lot 2 from Laredo Lane shall be deducted from the watermain connection charge for Lot 2. The applicant shall prepare and record a cross access easement agreement for the water and sanitary sewer lines that encroach upon the lots. 8. The typical 5 foot and 10 foot wide side, front and rear yard drainage and utility easements shall be dedicated on the final plat. In addition, a 20 foot wide utility and drainage easement shall be dedicated over the existing sanitary sewer line that runs through Lot 1. 9. The developer shall be responsible for all city attorney fees associated with review and recording of the final plat documents, park and trail fees, Surface Water Management fees, and GIS fees pursuant to city ordinance. These fees are due at time of final plat recording. 10. All driveways shall be paved with an all weather surface such as asphalt or concrete. Both lots must be accessed via a common driveway as shown on the plans. The common portion of the driveway must be 20 feet wide and built to a 7 ton axle weight design. Cross -access easements and maintenance agreements shall be prepared by the applicant and recorded against both lots. Lot 1 shall utilize the existing alignment and not as shown on the plans. The applicant and city staff will work to find a location for the driveway that has the least amount of impact on the property. 1 l . The developer shall submit a landscape plan showing minimum buffer yard requirements including one overstory tree, two understory trees and two shrubs. The buffer yard plantings shall be located directly north of the proposed home on Lot 1. 12. The developer shall pay full park and trail fees for one additional lot. One-third of the fees will be payable at the time of final plat recording. The balance of the fees will be payable with the first building permit for a home in this development. 3 Planning Commission Meeting — March 15, 2000 All voted in favor and the motion carried unanimously. PUBLIC HEARING: APPEAL ADMINISTRATIVE DECISION OF STAFF'S INTERPRETATION OF THE SIGN STANDARDS FOR VILLAGES ON THE PONDS, BOKOO BIKES Bob Generous presented the staff report on this item. Kelly Vigil presented his application to the Planning Commission. Kind moved, Blackowiak seconded to open the public hearing. Vernelle Clayton stated her support for the applicant's request and clarified the intent of the Villages on the Ponds sign regulations Kind moved, Conrad seconded to close the public hearing. After discussion on this item the Planning Commission made the following motion. Kind moved, Conrad seconded that the Planning Commission recommends approval of the request from Bokoo Bikes to allow signage on three sides of the building in Villages on the Ponds with the following conditions: 1. The total area of all signs cannot exceed the ordinance for square footage. 2. The design and location of the signs shall be reviewed by the Architectural Review Committee for Villages on the Ponds. 3. The applicant may select which sides of the building to place the signage. All voted in favor and the motion carried unanimously. PUBLIC HEARING: WETLAND ALTERATION PERMIT REQUEST FOR A SEPTIC HAULER SITE LOCATED ON PARK PLACE, METROPOLITAN COUNCIL WASTE HAULERS AND CITY OF CHANHASSEN. Public Present: Name Address Thomas Zwicker 8020 Park Place John DiBella 1500 Park Road Cindy Kirchoff presented the staff report on this item. 4 Planning Commission Meeting — March 15, 2000 Representatives from the Metropolitan Council Waste Haulers presented their request to the Planning Commission and passed around pictures showing similar sites in the metropolitan area. Blackowiak moved, Kind seconded to open the public hearing. Thomas Zwicker stated his concerns with this project, being the adjoining property owner, with odor and asked about screening. Kind moved, Conrad seconded to close the public hearing. The Planning Commission discussed concern with the number of vehicles coming and going to this site, and setting a maximum. They also discussed limiting the hours of operation and asking that the applicant submit a landscaping plan for screening. Conrad moved, Blackowiak seconded that the Planning Commission recommends approval of Wetland Alteration Permit #00-2 to permit the filling of 0.13 acres of an ag/urban wetland for the construction of a liquor waste hauler site with the following conditions: A landscaping plan be presented at the time this goes to the City Council. 2. That an alternative gate system that is aesthetically pleasing to the neighbors be installed. 3. Staff and the applicant determine a number to set for the maximum number of truck trips allowed in a single day. 4. Hours of operation for the site be incorporated into the application based on input from the neighbors. All voted in favor and the motion carried unanimously. PUBLIC HEARING: CONSIDER AN AMENDMENT TO THE CITY CODE TO ALLOW PETTING FARMS AS A CONDITIONAL USE IN THE A2, AGRICULTURAL ESTATE DISTRICT AND REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A PETTING FARM IN THE A2 DISTRICT, LOCATED AT 7461 HAZELTINE BOULEVARD, SUSAN MCALLISTER. Public Present: Name Address Susan McAllister 7461 Hazeltine Blvd. Paul Savaryn Cindy Kirchoff presented the staff report on this item. The applicant, Susan McAllister, presented her thoughts on what she would like to do with her property as it pertained to this request for a petting farm. Planning Commission Meeting — March 15, 2000 Blackowiak moved, Kind seconded to open the public hearing. Paul Savaryn stated although he was a neighbor and friend of Susan McAllister and wished her the best with her dreams, that he did not believe her property was large enough or the best location for a petting farm. He believed a larger parcel on the west side of Highway 41 would be better suited for this proposal. Kind moved, Blackowiak seconded to close the public hearing. The Planning Commissioners expressed concern that the parcel in question at 7461 Hazeltine Boulevard appeared to be too small for a petting farm. That they would prefer to see such an operation on a larger parcel of land, but would like more information from staff and asked them to bring this item back with more details on what a petting farm would entail. Blackowiak moved, Conrad seconded to table the request for an amendment to the City Code to allow petting farms as a conditional use in the A2 District and asked the staff to bring back more information. All voted in favor and the motion carried unanimously. ONGOING ITEMS: Kate Aanenson informed the Planning Commission of items that were coming up for consideration on the next Planning Commission meeting and what items the planning department were working on. OPEN DISCUSSION: Alison Blackowiak brought up the issue of variances the Planning Commission had approved and asked the Commissioners to look specifically at houses being built on Del Rio and Big Horn Drive. She believed the houses did not fit in with the character of the existing neighborhood and asked that the Planning Commission consider future requests and how to make new houses more compatible with existing neighborhoods. Chairman Peterson adjourned the Planning Commission meeting at 9:50 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CI