PC SUM 2003 11 18CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
NOVEMBER 18, 2003
Chairman Sacchet called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Uli Sacchet, Rich Slagle, Bruce Feik, Kurt Papke, Bethany
Tjornhom, Steve Lillehaug, and Craig Claybaugh
STAFF PRESENT: Kate Aanenson, Community Development Director; Sharmeen Al-
Jaff, Senior Planner; Matt Saam, Acting City Engineer; and Mak Sweidan, Engineer
PUBLIC PRESENT FOR ALL ITEMS:
Janet & Jerry Paulsen 7305 Laredo Drive
Debbie Lloyd 7302 Laredo Drive
Vivek Kaul 9875 Delphinium Lane, Chaska
PUBLIC HEARING:
REOUEST FOR SITE PLAN APPROVAL WITH VARIANCES FOR THE
CONSTRUCTION OF A CLINIC ON PROPERTY ZONED NEIGHBORHOOD
BUSINESS DISTRICT; LOCATED AT THE SOUTHEAST CORNER OF TH 5
AND GREAT PLAINS BOULEVARD, LOT 1, BLOCK 1, PARK NICOLLET 1 sT
ADDITION; BWBR ARCHITECTS (PARK NICOLLET HEALTH SERVICES.)
Public Present:
Name Address
Cindy Schallock
Kathy Schroeder
Ilene Leister
Pam Hangir
Beth Hartquist, M.D.
Bill Kenney
Duane Spiegle
Dean Williamson, Frauenshuh Co
Pat Hallisey, Blue Circle Investment Co
7501 Canyon Curve
7720 Frontier Trail
3738 Hickory Lane
3800 Park Nicollet Blvd, St. Louis Park
3800 Park Nicollet Blvd, St. Louis Park
3800 Park Nicollet Blvd, St. Louis Park
3800 Park Nicollet Blvd, St. Louis Park
7101 West 78 Street, Suite 100
Bloomington
1304 W. Medicine Lake Drive, Suite 301
Plymouth
Sharmeen Al -Jaff presented the staff report on this item. Commissioner Feik asked for
clarification on conditions related to hookup charges and roof top screening. He also had
concerns with approving the third floor addition without specific renderings or time line.
Commissioner Papke asked for clarification on the findings in the parking study.
Planning Commission Summary — November 18, 2003
Commissioner Slagle asked staff to explain the sidewalk and traffic circulation.
Commissioner Tjornhom asked for clarification on the zoning of the property and the
regulations regarding allowing a one story building in the Neighborhood Business
District. Commissioner Lillehaug has questions regarding the sanitary sewer pump,
traffic study, parking study, justifying the height of three stories in the neighborhood
business zoning, and the design of the building being similar to the pedestrian bridge.
Regarding the parking study, he felt additional data needed to be collected between the
time period of 2:00 to 4:40 p.m. Commissioner Claybaugh concurred with previous
comments relating to parking and zoning issues. He asked if there were any other
variances needed with allowing the three story building. Chairman Sacchet asked for
clarification on the height of the building, the parking study, saving the three oak trees,
future expansion of the third story, and approval for signage.
Bill Kenney, Operations Vice President for Park Nicollet Clinic at 3800 Park Nicollet
Boulevard in St. Louis Park spoke on behalf of the applicant. He addressed issues
brought up by staff and the commission. Commissioner Slagle asked the property owner
to the south, Pat Hallisey of Blue Circle Investment, to address concerns with clinic
traffic cutting through his property, access in and out of the site, and prior agreements
made with the City Council. Duane Spiegle addressed questions relating to the traffic
study, height of the building, the parking study, and trees. Bob Verstraete, BWBR
Architects, 380 St. Peter Street, Suite 600, St. Paul addressed the issue of the design of
the building drawing inspiration from the pedestrian bridge. Dean Williamson with
Frauenshuh Companies addressed the concerns with the double right - in/right -out access.
Chairman Sacchet opened the public hearing.
Kathy Schroeder, 7720 Frontier Trail stated she was pleased to see Park Nicollet coming
to Chanhassen as she is a patient as well as an employee. Ilene Leister, 3738 Hickory
Lane stated she feels a growing community needs a foundation of medical services and
likes the scope of services being offered for now and in the future. Chairman Sacchet
closed the public hearing. After commission discussion the following motion was made.
Feik moved, Papke seconded that the Planning Commission recommends approval
of Site Plan #2003 -10 for the construction of a three story clinic with a variance as
shown on the site plan received September 19, 2003, subject to the following
conditions:
1. The applicant shall install tree preservation fence around trees proposed to be
saved prior to any grading or construction activities. Fencing must be placed at
the furthest possible distance from the trunk of the tree and must remain intact
until all construction activities have ended. Root area must be mulched with
wood chips and trees must be watered regularly during dry periods in the growing
season. Any tree lost due to construction damage will be replaced at a rate of 2:1
diameter inches.
2. Parking areas along Highway 5 shall be screened with shrubs reaching a
minimum of 3 feet at maturity if berms do not fully screen the parking.
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Planning Commission Summary — November 18, 2003
3. Eliminate the catch basin and associated grading located near the existing oaks to
be preserved along the southern property line and any utilities within the
peninsula.
4. The applicant shall work with staff to reduce grading along the curb line near the
existing oaks to be preserved along the southern property line.
5. Submit private easement for the shared storm sewer before building permit
issuance.
6. Update the plans to include the latest revision of the City of Chanhassen Detail
Plates.
7. Cross access easements for the shared driveway accesses must be obtained and
recorded against the lots.
8. The applicant must obtain a permit from MnDot for grading in the right -of -way.
9. Any off -site grading will require easements from the appropriate property owner.
10. Installation of the private utilities for the site will require permits and inspections
through the City's Building Department.
11. The lot will be subject to city sanitary sewer and water hook up charges at the
time of building permit issuance. The 2003 trunk utility hook up charges are
$1,440 per unit for sanitary sewer and $1,876 per unit for water.
12. Before building permit issuance, permits from the appropriate regulatory agencies
must be obtained, including but not limited to the MPCA, Department of Health,
Watershed District, Carver County, etc.
13. On the utility plan:
a. Relocate the 6 inch gate valve toward the south near the proposed fire hydrant
and add another 8 inch gate valve at the beginning of the north branch.
b. Show all existing and proposed utility easements.
c. Show the proposed pipe slope, class and length of the storm sewer.
14. On the grading plan:
a. Show all existing and proposed easements.
b. Type I silt fence must be used.
15. Add tree preservation fencing at the limits of tree removal.
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Planning Commission Summary — November 18, 2003
16. On the site plan:
a. Revise the south easterly drive aisle width to 26 feet.
b. Show the private and public drainage and utility easements.
c. Show the block and lot numbers.
d. Any retain wall over 4 feet will require a building permit.
e. Seed and mulch or sod the site within two weeks of grading. Submit haul
route for city approval prior to any hauling.
f. A concrete drive apron, per City Detail Plate #5207 is required at the Great
Plains Boulevard access point to the site.
g. Submit storm sewer sizing calculations for a 10 year, 24 hour storm event for
staff review and approval before building permit issuance.
17. The applicant must obtain a sign permit prior to erecting any signage on site.
Provide a detail sign plan for review and approval. The signage shall meet the
following criteria:
a. Monument signage shall be subject to the monument standards in the sign
ordinance.
b. Wall signs are permitted on the north and west elevations only. The sign area
shall meet standards set in the sign ordinance.
c. All signs require a separate permit.
d. The signage will have consistency throughout the development and add an
architectural accent to the building.
e. Consistency in signage shall relate to color, size, materials and heights.
f. Back -lit individual letter signs are permitted.
g. Only the name and logo of the business occupying the building will be
permitted on the sign.
18. The applicant shall include site furnishings such as benches along the entrance of
the building.
19. All roof top equipment shall be screened from views.
20. The applicant shall enter into a site plan agreement with the city and provide the
necessary financial securities.
21. Fire Marshal conditions:
a. A 10 foot clear space must be maintained around fire hydrants, i.e. street
lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV, and transformer
boxes. This is to ensure the fire hydrants can be quickly located and safely
operated by firefighters. Pursuant to Chanhassen City Ordinance #9 -1.
b. Fire lane signs and yellow curbing will be required. Contact Chanhassen Fire
Marshal for exact location. Pursuant to 2000 Minnesota International Fire
Code Sec. 503.3.
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Planning Commission Summary — November 18, 2003
c. The builder must comply with Chanhassen Fire Department/Fire Prevention
Division regarding the maximum allowable size of domestic water on a
combination water /sprinkler supply line. Pursuant to Chanhassen Fire
Department/Fire Prevention Division Policy #36 -1994.
d. The builder must comply with water service installation policy for commercial
and industrial buildings. Pursuant to Inspection Division Water Service
Installation Policy #34 -1993. Copy enclosed.
e. The builder must comply with the Chanhassen Fire Department/Fire
Prevention Division regarding premise identification. Pursuant to Chanhassen
Fire Department/Fire Prevention Division Policy #29 -1992.
f. The building must comply with the Chanhassen Fire Department/Fire
Prevention Division regarding notes to be included on all site plans. Pursuant
to Chanhassen Fire Department/Fire Prevention Division Policy #4 -1991.
Copy enclosed.
g. The southern most hydrant indicated on site plan must be relocated
approximately 100 feet west. Contact Chanhassen Fire Marshal for exact
location of hydrant to be relocated.
22. Building Official's conditions:
a. The building is required to have an automatic fire extinguishing system.
b. The plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
c. Contact the Fire Marshal and Mechanical Inspector regarding the size of the
combined fire protection and domestic water service line.
d. Provide an access cover for the sanitary sewer cleanout located in the parking
lot.
e. Detailed occupancy and building area related code requirements will be
reviewed when complete plans are provided.
f. The owner and /or their representative shall meet with the Inspections Division
as soon as possible to discuss plan review and permit procedures.
23. Lot 1, Block 1, Park Nicollet Addition is subject to a park dedication fee at the
time of building permit application. The total park dedication due from this
parcel is $25,620. At the time this parcel was platted, $6,932 of this total was pre-
paid. The remaining $18,688 shall be collected at the time of building permit
application.
24. The applicant shall include site furnishings such as benches along the entrance of
the building.
25. The expansion of the third story will require site plan approval by the Planning
Commission and City Council. Approval of the expansion will be contingent
upon providing adequate parking as one of the criteria.
26. The maximum building height may not exceed 47 feet.
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Planning Commission Summary — November 18, 2003
27. Approval to expand the third floor shall become null and void if not
exercised prior to 10 years after the Certificate of Occupancy is issued.
28. The dual right -in /right -out on the west side accessing Great Plains Boulevard
shall be consolidated into a single right -in /right -out with cross access
agreements.
29. The applicant will work with staff on the parking lot configuration deleting 4
parking spaces to ensure the survival of the oak trees numbered 7, 13 and 14.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
Chairman Sacchet summarized that the Planning Commission strongly supports the
proposal of Park Nicollet. They struggled with the height. They believe that this site is
appropriate to have this 3 stories but struggled with it going all the way to 47 feet in
height considering that the Highway 5 corridor limit is 40 feet. However, the applicant
made a clear case that their business needs that sort of height in order to have the
flexibility to run it's operation. They struggled with the depth of the traffic and parking
study. They are particularly concerned with the intersection of Lake Drive and Great
Plains because it is already an issue of discussion with Village of the Ponds. They
believe that that's going to have to be looked at very carefully and monitored and see if
there's some way to spread the burden of installing a stop light. Regarding access into
the site, they believe it's reasonable to build on the agreement in place to have one right -
in /right -out rather than two provides the safest solution. With the trees, the Planning
Commission reached a very amicable solution that has some credibility that the 3 trees
that are being saved, a real effort is being made to save them by deleting 4 parking
spaces.
PUBLIC HEARING:
REQUEST FOR SITE PLAN REVIEW FOR A TWO -STORY BUILDING FOR
FISH AND SUPPLIES AND A GREENHOUSE, 10000 GREAT PLAINS
BOULEVARD, HALLA NURSERY & GARDEN CENTER.
Public Present:
Name Address
Don Halla 10000 Great Plains Boulevard
Shawn & Nicola Smith 725 Halla Nursery Drive
Sharmeen Al -Jaff presented the staff report on this item. Commissioners asked for
clarification on the current use of the site with what is being proposed. Commissioner
Tjornhom asked if growing fish could be considered an agricultural use as opposed to
retail. Commissioners asked for clarification on the legal documents attached and what is
permitted and not permitted under that agreement. Commissioner Lillehaug stated he did
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Planning Commission Summary — November 18, 2003
not feel the commission had received a complete site plan application. Chairman Sacchet
reminded the commission that the job of the Planning Commission is to render an opinion
whether this application sufficiently conforms with the ordinances and regulations of the
city and not deal with the legal issues. Don Halla showed pictures of the site and
explained his proposal. Commissioner Claybaugh and Lillehaug commented that they
did not believe there was a complete site plan application for the Planning Commission to
consider.
Chairman Sacchet opened the public hearing. Chip Cook, 9920 Delphinium Lane
pointed out the judgment and some of the agreements that Halla Nursery has with the city
that are not being honored currently. Because of that, he would oppose any further
expansion of activity at the nursery. Chairman Sacchet closed the public hearing. After
commissioners comments the following motion was made.
Feik moved, Claybaugh seconded that the Planning Commission recommends
denial of the Site Plan Review #97 -8 as shown on the site plan dated received
September 19, 2003, due to incomplete application. All voted in favor and the
motion carried unanimously with a vote of 7 to 0.
Chairman Sacchet summarized they feel this is a very incomplete site plan request and do
not want to get involved with the legalities. Commissioner Claybaugh added that the
applicant and staff need clear direction on what the process should be for this applicant to
move forward with his needs.
PUBLIC HEARING:
REQUEST FOR A SHORELAND SETBACK AND HARD SURFACE
COVERAGE VARIANCES FOR THE CONSTRUCTION OF AN ADDITION ON
PROPERTY ZONED RESIDENTIAL SINGLE FAMILY, 114 SANDY HOOK
ROAD; SAWHORSE DESIGN.
Public Present:
Name Address
Tom Devine
Brad Schoen
Bill Chenvert
7640 South Shore Drive
2172 nd Street, N.W., Mayer
14035 81 Avenue No, Maple Grove
Kate Aanenson presented the staff report on this item. Commissioner Claybaugh asked
for clarification on the intensification of the non - conformity, and if there were any sight
line issues with the addition. Commissioner Lillehaug asked for clarification on the
amount of hard surface coverage on the site currently and what is being proposed to be
removed. Bill Chenvert with Sawhorse spoke on behalf of the applicant and presented
their proposal. Chairman Sacchet opened the public hearing. Janet Paulsen, 7305 Laredo
Drive stated that as a person who lives near Lotus Lake and a member of the beachlot
association to please do all you can to keep the impervious surface at 25 percent. The
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Planning Commission Summary — November 18, 2003
lake is getting very polluted and it is our responsibility to take care of it. Chairman
Sacchet closed the public hearing. After discussion, the following motion was made.
Lillehaug moved, Papke seconded that the Planning Commission approves Variance
#2003 -17 for a 21 foot variance from the 75 foot shoreland setback requirement as
shown on plans dated 9/30/03, prepared by Sawhorse Designers and Builders, and
approve a variance of 2 percent from the 25 percent for the hard surface coverage
area based upon findings in the staff report with the following conditions:
The applicant shall reduce the impervious surface to 27 percent.
2. The applicant shall install a silt fence prior to any excavation.
The applicant shall reduce the driveway to one entrance.
4. The applicant shall protect the clump of willow trees near the driveway.
All voted in favor, except Claybaugh, Feik and Slagle who opposed and the motion
carried with a vote of 4 to 3.
In summary, this variance will have to go to City Council because the Planning
Commission didn't have a clear majority. They believe that the applicant is making a
respectable effort to mitigate the non - conformance. Basically the expansion is not
impacting the shoreland setback. They do want the impervious surface to be reduced to
mitigate the impact to the lake but don't necessarily have agreement whether it should be
given a little bit of leeway or not. Commissioner Claybaugh stated if it wasn't a lake lot,
the 2 percent variance would be a non issue for him but because it is a one acre lot with a
5,000 plus square foot house, a little stewardship is in order. Commissioner Feik added
there are different options to explore for runoff
PUBLIC HEARING:
REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A
CONTRACTOR'S YARD WITHIN AN INDUSTRIAL OFFICE PARK;
LOCATED AT THE NORTHEAST INTERSECTION OF LAKE DRIVE WEST
AND UPLAND CIRCLE, LOT 8, BLOCK 1, CHANHASSEN LAKES BUSINESS
PARK 7 TH ADDITION; BENIEK PROPERTY SERVICES.
Public Present:
Name
Address
Mark Undestad 8800 Sunset Trail
Brian Beniek Mound
Sharmeen Al -Jaff presented the staff report on this item. Commissioner Slagle asked for
clarification on who received notice via mail and stated concerns with sight lines and
Planning Commission Summary — November 18, 2003
noise to the neighboring residential area. Commissioner Feik had questions regarding
outdoor storage and asked staff to compare this application to the conditions placed on
DayCo regarding no outdoor storage. Commissioner Papke asked about the hours of
operation. Commissioner Lillehaug asked staff to provide some historical information on
this site plan application. Chairman Sacchet asked for clarification on the width of the
drive aisle next to the outside storage area and then asked the applicant for their
comments. Mark Undestad, the developer with Eden Trace addressed the concern with
the parking stall and drive aisle width. Brian Beniek with Beniek Property Services
addressed the questions relating to outdoor storage and hours of operation. Chairman
Sacchet opened the public hearing. No one spoke and the public hearing was closed.
After commissioner comments the following motion was made.
Feik moved, Lillehaug seconded that the Planning Commission recommends
approval of Conditional Use Permit #03 -7 to allow a contractor's yard in IOP
District for Beniek Property Services Inc. to be located at Lot 8, Block 1,
Chanhassen Lakes Business Park 7 th Addition as shown on the plans dated received
October 17, 2003, subject to the following conditions:
1. The applicant shall enter into a conditional use permit agreement with the city.
2. Compliance with conditions of site plan and plat approval.
3. There shall be no outdoor storage of any equipment or vehicles associated with
the contractor's yard.
4. No unlicensed or inoperable vehicle /equipment shall be stored on the premises.
5. All chemicals shall be stored indoors in property storage facilities, specified by
OSHA regulations.
6. The contractor shall be licensed, bonded and insured.
7. Materials stored within the contractor's yard shall be limited to
miscellaneous landscaping material. No vehicles, trailers or equipment shall
be stored.
8. The northern boundary of the contractor's yard shall be shall be clearly
delineated with pavement striping specifically within the 2,971 square feet.
9. The concrete block screen wall shall be made of the like exterior materials of
the building.
10. Engineering shall verify adequacy of drive aisle prior to City Council.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
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Planning Commission Summary — November 18, 2003
Chairman Sacchet summarized that the Planning Commission was in support of this
application but want to make sure that the outside storage area is used for landscape
materials and not for equipment.
APPROVAL OF MINUTES: Tjornhom noted the minutes of the Planning Commission
meeting dated October 21, 2003, amended by Chairman Sacchet on pages 26 and 32.
Chairman Sacchet adjourned the meeting at 10:45 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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