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12-2-98 Agenda and Packet
FILE AGENDA CHANHASSEN PLANNING COMMISSIC WEDNESDAY, DECEMBER 2, 1998 at 7:00 P.ivi. - - CHANHASSEN CITY HALL, 690 CITY CENTER DRIVE CALL TO ORDER OLD BUSINESS PUBLIC HEARINGS 1. Request for Sign Plan Approval for Colonial Square Center located on West 78th Street at Great Plains Boulevard,Lotus Realty. NEW BUSINESS APPROVAL OF MINUTES ONGOING ITEMS OPEN DISCUSSION 2. Comprehensive Plan Rezoning Process. 3. Planned Unit Development(PUD) Ordinance discussion. 4. Enforcement of Conditional Use Permits discussion (verbal report). 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. C I TY 0 F PC DATE: 12/2/98 1 4.1. ClIANHAsEN � ] CCDATE: 12/14/98 tk CASE #: 98-28 SIGN By: Kirchoff:v STAFF REPORT 4 PROPOSAL: A request for sign plan review for Colonial Square Shopping Center. LOCATION: 400-416 West 78th Street z (Colonial Square Building) Q APPLICANT: Colonial Square LLC Vc/o Lotus Realty P.O. Box 235 Cla Chanhassen, MN 55317 934-4538 i PRESENT ZONING: CBD, Central Business Distnct 1 ACREAGE: N/A DENSITY: N/A ADJACENT ZONING AND LAND USES: N: R-12, High Density Residential S: CBD, Central Business District E: OI, Office Institutional W: CBD, Central Business District WATER AND SEWER: Available to the site PHYSICAL CHARACTER: This site contains an existing shopping center. (f) 2000 LAND USE PLAN: Commercial AlailY44 v` ' ;ROENW ::::••:::. .::�,�� , • .,4 ` glemi.e..,111r I�r �,ti.ARSS «eil1l����� . &iil $ 1, I i ,‘"!Ani williPr -' '0WIllit b: PI h * 11 - Q 1 ... \ L. ��, GREEN PARK � N I �,th top._ , ,., A K E 6 ,V4.tit" 1016 $11V tisaill **04 1 eirai Abibg.. ..• ,/ (:: :_g 46 Al AI 4144 !q 4� - _- ir"I • i ibib �� ,#_..._ ...7..-; I 11 Nttl tPt 4 p, _ es. r.N • mat LI rw APPIVIII3 Mal Atis Mel10111:eadtrillil 2-'4'....40 \s` _ . POIlir b r lg."1 ti,Fira Io inigna 0. I" \..' : P li.t tr• "541 rt,A.ftwilat lel 1,‘,\.1--,__ - IPVTI f iT:/-6�O _ imilriiivili4465\,.NI .p N Naas • war .4.�- � ,•N`� • 17m. gm;:t.' ,E,E,' 31<k'3clz q .-• ....• mu me ...4,,,,„ow 1:,.., inicid NM MEM t/i Minn Ilia �ii iio 1 1111111m iii1111.. . , L'n -% r :RIR 4.= -: MtileAg 4 '0w I /� ist Nd •wo - Ca;ami1 R �ai j !. I,* �i � ° ali ilIVIo r , 1111/ 111111 Illr4711111 IF 115i l k • & 0iitAll P Ro.Oifie 411vidkA0 _ t; l� _ l -rr 6 oRly .. RR. v 1 irk) .. 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MI • WAY TRAIL N ��, WAYS Arnim n'", '__��,y.r AI 7 g.%-1:1_ WESTRP �a� FAST - I.'". 4,2 • 0 ki- %Li se r / •a t / ,.-- 9 � Al. �� , -_ i j COURT .i. oRi,r -- , Colonial Square Sign Plan December 2, 1998 Page 2 APPLICABLE REGULATIONS Section 20-1267 states that all planned center and multi-tenant buildings shall submit a comprehensive sign plan for approval by the planning commission and city council(Attachment 3). Section 20-1303 regulates signage for highway, general business and central business district zoning districts (Attachment 4). Section 20-1267 requires that if a sign is illuminated it is back lit(Attachment 3). Section 20-1267 requires that signage be individual dimensional letters(Attachment 3). Section 20-1259 (2)prohibits motion signs (Attachment 5). Section 20-1259 (3)prohibits projecting signs (Attachment 5). Section 20-1 defines a projecting sign as a sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building (Attachment 6). BACKGROUND Recently, a sign permit was submitted for a tenant of the Colonial Square Shopping Center. Staff believed that the sign was a panel sign. The proposed sign is flat but has routed out letters and is constructed of wood. The sign ordinance specifically requires individual dimensional letters. Staff contacted the management to determine the leased area for this particular tenant because it was omitted from the sign permit application. The height and width of the leased area is used to determine that maximum size of a wall sign. (For instance, if the wall area is 600 sq. ft., the wall sign can be a maximum of 15 percent of the wall or 90 sq. ft.) After some discussion with staff regarding the definition of a panel sign and permitted size of wall signage, the management developed signage criteria for Colonial Square. The criteria seeks to establish a sign band area, identify permitted signs and specify a total square footage of signage for the entire building, rather than a certain percentage for each tenant based on their lease space. The management was concerned that without a sign plan, signs may detract from the building and be inconsistent in size and construction. The applicant requests (1) to develop specific requirements for Colonial Square Shopping Center and(2) to permit certain deviations from the sign ordinance. Specifically, the sign plan requires all wall signs to be located in a sign band. The sign band is 36 inches in height and is centered within a 45 inch high architectural feature of the building. The sign band is broken by an area 12 Colonial Square Sign Plan December 2, 1998 Page 3 inches on either side of the vertical architectural features (column) of the building. This will ensure that the signage is centered and consistent through the facade of the building. ANALYSIS The majority of the sign plan is in compliance with the sign ordinance. However,staff would like to clarify the issues surrounding panel signs,projecting signs and barber shop poles. Panel Signs The sign plan permits panel signs in Colonial Square. The zoning ordinance specifically requires individual dimensional letters. Panel signs are not defined in the zoning ordinance,however, staff believes that they are flat with no architecturally significant elements, e.g.,no indentation or projection of letters. This type of sign exists on the shopping center located at Lake Drive East and Great Plains Boulevard. They are not particularly attractive but they serve a purpose of identification. The sign plan states that panel signs shall have individual dimensional letters which are projected or indented on the sign. Staff believes that this requirement is reasonable. However, it should incorporate language which requires that the panel signs be architecturally interesting and compatible with the building. The statement should be revised as follows. C. 3. Panel signs are permitted provided they are architecturally interesting and compatible with the building and their height is not significantly less than nor more than the height of the sign band within which the sign will be located and provided they comply with the criteria set below. The sign plan also states that signs shall have"individual dimensional letters and logos(concave, convex,projected or indented)." This is vague and may be open to interpretation. Therefore,staff believes that the projection or indentation should be specified at a minimum of 1 inch. The statement should be revised as follows: C. 4. A. Signs shall be constructed of wood,metal or translucent face,with individual dimensional letters and logos with a minimum projection or indentation of 1 inch( . •-• - , - - - -. . :). City-Wide Implications Is a panel sign with a 1 inch minimum projection or indentation something that should be adopted city-wide or limited to this building? Is this reasonable or does it depart downward from the sign ordinance which requires individual dimensional letters? The sign ordinance does a fine job of Colonial Square Sign Plan December 2, 1998 Page 4 ensuring uniformity and high quality of signage throughout the city. Staff requests direction on this issue. Further research could be gathered and presented at an upcoming meeting. External Illumination of Signs The external illumination of signs in permitted in this sign plan. The sign ordinance specifically states that the if a sign is illuminated that it be back lit. Staff will not permit signs in Colonial Square to be illuminated by an external source. It may create glare,which is prohibited by the zoning ordinance. Therefore,the statement should be revised as follows. C. 4. B. iv. Reverse channel letters (halo lighted),or the entire sign may be Projecting Signs The sign plan permits hanging signs. The sign ordinance specifically prohibits hanging signs. The applicant has stated in the accompanying letter than they included approved signage from Villages on the Ponds since it is located in"Old Town"and has a covered walkway which beckons hanging sings. Staff does not have a problem with permitting hanging or projecting signs, however, they should be self-illuminated. The sign ordinance states that if a sign is illuminated that it be back lit. The sign plan states that the"sign may not be self-illuminated but may be lighted by surface mounted fixtures located on the sign or adjacent building surface." Staff believes that this may create glare and recommends that this be removed from the sign plan. The statement should be revised as follows. D. c. All hanging signs shall be stationary, and may net be internally self-illuminated building surf,ce Barber Shop Poles The sign plan mentions barber shop poles. The zoning ordinance permits them,however, a conditional use permit is required prior to the installation. Staff believes that conditions should be in place with this sign plan review so that a conditional use permit is not necessary. Restrictions should be placed at this time. Staff recommends that the height of the barber shop pole be limited to 4 feet and the projection be limited to 12 inches from the building. Also, staff recommends that the number of barber poles be limited to 2 for the entire building. The statement should be revised as follows. Colonial Square Sign Plan December 2, 1998 Page 5 D. 2. Barber shop pole signs,whether lit,unlit, stationary or moving are permitted. However. they shall be limited to 4 feet in height and a 12 inch projection from the building. The number of barber shop_poles shall not exceed 2 for the entire building. RECOMMENDATION Staff recommends that the Planning Commission recommend to the City Council the following: "The Planning Commission approves the request for a sign plan review for Colonial Square Shopping Center with the following conditions: 1. Panel signs are permitted provided they are architecturally interesting and compatible with the building. 2. Panel signs shall have individual dimensional letters and logos with a minimum projection or indentation of 1 inch. 3. External illumination of any signage is prohibited. 4. All hanging signs shall be stationary,and may be internally self-illuminated. 5. Barber shop poles shall be limited to 4 feet in height and a 12 inch projection from the building. The number of barber shop poles shall not exceed 2 for the entire building. ATTACHMENTS 1. Application and Letter 2. Sign Plan with Elevation 3. Section 20-1267,Uniformity of Construction,Design, etc. 4. Section 20-1303, CBD Permitted Signs 5. Section 20-1259,Prohibited Signs 6. Section 20-1,Definition of Projecting Signs 7. Property Owners \\cfsl\vol2\plan`.ck`,plan comm\colonial square sign plan review.doc 11-cu:otrn-c CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: C..e.l I n n i a l S Uci,E a C OWNER: .7 �+IT) e e/o hoius Nulty ADDRESS: ADDRESS: P D A 3 S ChnhAnssph Ni) 553/7 TELEPHONE (Day time) 9344 4/5-32 TELEPHONE: Comprehensive Plan Amendment _ Temporary Sales Permit Conditional Use Permit — Vacation of ROW/Easements Interim Use Permit _ Variance 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' X Escrow for Filing Fees/Attorney Cost" (550 CUP/SPRNACNAR/WAP/Metes and Bounds,$400 Minor SUB) Subdivision* TOTAL FEE$ 11;50.(X) A list of all property owners within 500 feet of the boundaries of the property must be included with the application. 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'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. • • NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION • PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST 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 I am making application for the described action by the City and that I am responsible foicomplying 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. I 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 approvavpermit is granted within 120 days with the Carver County Recorder's Office - d the original document returned to City Hall Records. / e ignature of Applicant Date Signature of Fee Owner Date Application Received on I II( ! ( I �(; Fee Paid( i r)0'C 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. LOTUS REALTY SERVICES November 10, 1998 TO: Planning Department City of Chanhassen FROM: Vernelle Clayton, Representing the Owners of Colonial Square RE: Signage at Colonial Square In connection with the sign application from Loose Straw, one of the tenants at Colonial Square, it was brought to my attention that the procedure used by the Planning Department in determining the permitted size for signage on retail buildings is based on a formula which uses the front footage and height of the tenant space in order to determine the "building area". Since I was involved in the drafting of the current sign ordinance in which it is stated that the total building signage is based on the number of square feet in the building frontage, I assumed that the building owners were policing the sizes of each individual tenant's signs so that the total of all did not exceed the total permitted. In the case of Colonial Square, the current interpretation does not meet the needs of the tenants, nor would it result in an overall aesthetic appearance for a couple of reasons: 1. The building has a large front with several 'dormer'type peaks. Should a tenant with a small amount of frontage occupy space beneath these dormers, the aesthetics of the signage would be out of balance. 2. The portion of the building which was previously occupied by St. Huberts has a central hallway with spaces off the hallway which have no frontage on the street. Thus, this building may have signage needs in the future which cannot be met by the current policy in that there may be tenants with no frontage who would need signage. It is my recommendation that there be a sign plan established for the building which will be adhered to by both the building owners and the City in approving applications for building signage. It is also my recommendation that the current policy be reviewed toward the end that each building should submit a sign plan and that no sign permits be issued unless and until the building owner has approved of both the type and size of signage. At Market Square, for example, where 551 WEST 78TH STREET I•P.O.BOX 235 0 CHANHASSEN, MINNESOTA 55317■(612)934-4538■ FAX(612)934-5472 there is a sign plan in place, we would not want to have a tenant with a small space have a sign that is smaller than the rest of the signs, nor would we want a tenant with a large space have a larger sign that the rest of the signs (except where the sign plan specifically permits a larger sign). Thus, we are submitting the enclosed proposed sign plan for your review for Colonial Square. We have deliberately included some of the language from the sign plan which was approved for Villages on the Ponds in that this particular building is located near our "Old Town" area and has some of the same characteristics of'older'buildings, including a covered walkway, which lend themselves to the types of signs suggested in our proposal. •r \r int vlotkd COLONIAL SQUARE SHOPPING CENTER EXTERIOR BUILDING SIGN PLAN A. All signs require a separate sign permit. B. No sign permits shall be issued by the City unless the application contains the approval of the building owner along with a calculation by the owner of the total sign area previously approved, together with the area to be used by the sign which is the subject of the application. C. Wall signs are permitted on the street front of the building only and within the designated building sign band only, provided they comply with the following criteria set forth below. The sign band depicted on the attached Exhibit A and consists of a 36" high area centered within a 45" high architectural feature of the building, with its horizontal dimension broken by an area 12" on either side of the vertical architectural features of the building. 1. The total of all wall signage shall comply with the city's sign ordinance for the central business district for determination of maximum sign area, which results in a maximum area of all wall signage for the Colonial Square Building of 224 square feet. No separate calculation shall be made on the basis of individual tenant frontage area. 2. Individual letters and logos may be stacked; however the overall height shall not be less than nor more than the height of the sign band within which the sign will be located and provided the letters and logos comply with the criteria set forth below. 3. Panel signs are permitted provided their height is not significantly less than nor more than the height of the sign band within which the sign will be located and provided they comply with the criteria set forth below. 4. The construction criteria shall be as follows: a. Signs shall be constructed of wood, metal or translucent face, with individual dimensional letters and logos (concave, convex, projected or indented). b. If the sign is illuminated, individual letters and logos may be any of the following: i. Exposed neon/fiber optic, ii. Open channel with exposed neon, iii. Channel letters with acrylic facing, iv. Reverse channel letters (halo lighted), or the entire sign may be externally illuminated by separate lighting source. 5. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's business name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the individual tenant's sign unless the logo is the sign. D. Miscellaneous signage: 1. Signs may be hung from the ceiling of the covered walkway provided they conform to the following criteria: a. All hanging signs shall be made of wood or metal. b. The message shall consist of business identification only. Copy is restricted to the tenant's business name and major product or service offered and such minimal message such as the date of establishment of the business. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the hanging sign. c. All hanging signs shall be stationary, may not be self-illuminated but may be lighted by surface mounted fixtures located on the sign or on the adjacent building surface. d. Hanging signs shall be limited to one per tenant . e. Hanging signs shall not exceed six square feet and the lowest portion of any sign shall not be less than 8 feet above the sidewalk. f If metal materials are used, they shall be of non-corrosive and non-oxidizing materials. If wood materials are used, they shall at all times be maintained in like-new condition. g. Creativity is encouraged in the lettering and ornamentation on the sign and no letter style, size or construction is designated. 2. Barber shop pole signs, whether lit, unlit, stationery or moving are permitted. 3. Window signs are permitted provided they do not cover more than 50% of the window area in which they are located and provided no neon paint or chalk is used. 4. Flags and banners are permitted on standards attached to the building facade, provided they are constructed of fabric materials, provided they do not contain advertising for specific tenants, provided they project from the building a maximum of 2 feet, provided they have a maximum are of 10 square feet and provided they are kept in good condition. _ 4111 1111 i■ - I■' — — ■■ ■■ ■■ ■■ r :: - 1III 11111:1111111 . 1111 1.1 „- firi `' • e� CC nn07 0 E _ ter . _ ci O Jam+ IIII ' r- !�► y.; "O 1 to ; vi _� ,-. -v 4f lid I�Ii;l0 • 0 _ .1111 I,i,vco v �:]�;,t: r... to ,16111PIF I,,11 klix k OVI,) I_ lits -in Lin 1 11 .• Q " L],Q U g - iiil a v; O fX _ VIII 1■ - - .� -o �' '-' =st SII Iii: — '' .0 N 0) az Isii1:I .5MM u] RS y _ 1111 12., � s.� � t „,,,ill 0• 0 48 0 0 c c ,1 \...i -� .0 6- '��I■: - - E-4 E w ii A K01111. mil , -04.; a� o Ifni e� U — flttl� f3, 4� 4-....t.) EN ei ` IMIIIPi -O O el ', i itis ©■�1 0 .00 Q Q. _ IPFzgiU a �°C .La rw ., - — E c.. cd ii tl n -0 rn O v, IIrJ _ cif c as -.-G l i ! I) • OLS. 11rI1 cc1 +� �-�.....-- Cl .i 40 a 111 z _ III VII CS t 1111 ��;Taal 117 1.n MOIR nu iill 1lLIli . . e riN I nn a a `� 4111:1 c5 - uL1 1 . ;6 Illy . • r.. IIIL IPel 1 % — C • :II � �ii ~ ISI » Z a ImriA p1 -c �► pill -_ td Alii It- W '_ � — ■■ ow i :gy! o V on lY of Ira ■■ 0. - -^ - . ^t A t1zt c Y 1 § 20-1266 CHANHASSEN CITY CODE ) sign stands immediately upon notification by the city.If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this chapter within thirty(30) calendared days following receipt of written notice: (1) Such permittee or owner may be prosecuted for violating this chapter and if convicted shall be guilty of a misdemeanor. Each day a violation exists shall constitute a separate offense. All signs shall be subject to inspection by the building official, or any other official of the city who may be appointed by him, to ascertain if the provisions of this chapter are being met. (Ord. No. 231, § 1, 1-9-95) L' Sec. 20-1267. Uniformity of construction, design, etc. All permanent signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multi-tenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development should be presented con- currently for staff review. All planned centers and multi-tenant buildings shall submit a comprehensive sign plan for approval by the planning commission and city council. Signage shall use individual dimensional letters and logos,be back lit if a wall sign is illuminated,and be architecturally compatible with the building and other signage if in a multi-tenant building. Company symbols,display messages,pictorial presentations,illustrations,or decorations(any- thing other than wording) shall not occupy more than fifteen (15) percent of the sign display area. (Ord. No. 231, § 1, 1-9-95) Sec. 20.1268. Noncommercial speech. Signs containing noncommercial speech are permitted anywhere that signs are permitted, subject to the same size regulations applicable to such signs. (Ord. No. 231, § 1, 1-9-95) Sec. 20.1269. Reserved. Sec. 20.1270. Uniform sign code. The design and construction standards as set forth in Chapter 4 of the 1994 edition of the Uniform Sign Code as may be amended, are adopted. (Ord. No. 231, § 1, 1-9-95) Secs. 20.1271-20.1274. Reserved. Sec. 20.1275. Construction standards. (a) A free standing sign or sign structure shall be constructed so that if the faces are not back to back, then they shall not have an angle separating the faces exceeding forty-five (45) • Supp. No. 7 1268 tr 17,mt_ 4 ZONING § 20-1303 Secs. 20-1303. Highway, general business districts and central business districts. The following signs shall be allowed by permit in any "BH", "BG", or "CBD" District: The following table lists the standards for freestanding and ground low profile signs in the BH, BG, or CBD zone. Pylon Ground Low Profile Principal Height Sign Size Height Sign Size Structure (feet) (square feet) (feet) (square feet) 50,000 sq. ft. or greater 20 80 10 80 Less than 50,000 sq. ft. 16 64 8 64 (1) Pylon business sign. Pylon signs are permitted on parcels that abut State Highway corridors only. One (1) pylon identification sign shall be permitted. This sign may identify the name of the center of the major tenants. The height and square footage of the sign shall be based on the square footage of the principal structure as shown in the table. Such signs shall be located at least ten (10) feet from any property line. (2) Ground low profile business signs. One (1) ground low profile business sign shall be permitted per each outlot or separate building pad that has street frontage.The height and square footage of the sign shall be based on the table above. Such signs shall be located at least three hundred (300) feet from any other pylon or ground sign and at least ten (10)feet from any property line. (3) Wall business signs. Wall business signs shall be permitted on street frontage for each business occupant within a building only. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: Maximum Percentage Maximum Square of Wall Wall Area in Square Feet Footage of Sign 15% 0-600 90 13% 601-1,200 156 11% 1,201-1,800 198 9% 1,801-2,400 216 7% 2,401-3,200 224 5% 3,201-4,500 230 3% 4,500+ 240 (4) Menu board. One (1) menu board sign per restaurant use is permitted with a drive-through facility. Such sign shall not exceed forty-five (45)square feet in size nor greater than eight (8) feet in height. Such sign is permitted in addition to any other sign permitted in the zoning district. Supp. No. 9 1271 Atra_LC 5 § 20-1257 CHANHASSEN CITY CODE Sec. 20-1257. Reserved. Sec. 20-1258. Legal action. If the city planning director or an administrative officer finds that any sign regulated by this division is prohibited as to size, location, content, type, number, height or method of construction; or erected without a permit first being granted to the installer of the sign to the owner of the property upon which the sign has been erected or is improperly maintained,or is in violation of any other provision of this chapter,he shall give written notice of such violation to the owner or permittee thereof. If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this chapter within(10)calendar days following receipt of said notice: (1) Such permittee or owner may be prosecuted for violating this chapter and if convicted shall be guilty of a misdemeanor.Each day a violation exists shall constitute a separate offense. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1259. Prohibited signs. The following signs are prohibited: (1) Advertising or business signs on or attached to equipment,such as semi-truck trailers, where signing is a principal use of the equipment on either a temporary or permanent basis. (2) Motion signs and flashing signs, except time and temperature signs and.har er poles which may be permitted by conditional use permits (see sections 20-231 through 20-237). (3) Projecting signs, not including awning or canopies as defined in this chapter. (4) Roof signs, except that a business sign may be placed on the roof, facia or marquee of a building provided it does not extend above the highest elevation of the building, excluding chimneys, and provided: a. Roof signs shall be thoroughly secured and anchored to the frames of the building over which they are constructed and erected. b. No portion of roof signs shall extend beyond the periphery of the roof. (5) Wall graphics and design treatments depicting corporate logos and company symbols. (6) Temporary signs or banners except as permitted in section 20-1256. (7) Signs which are placed or tacked on trees, fences, utility poles or in the public right-of-way. (8) Bench signs are prohibited except at designated transit stops as authorized by the local transit authority. Supp.No. 9 1266 A(i-c3JLf 1 cr-lC ZONING § 20-1 from the rest of the roof by a space of more than six(6) inches. PIZZA Sign, marquee means a sign which is mounted,painted on, or attached to any projection or extension of a building that is designated in such a manner as to provide shelter or cover over the approach to any entrance of the building. Sign, menu board means a sign located adjacent to the drive-through lane that is used to advertise the product available at a fast food restaurant. Sign, motion means any sign or part of a sign which changes physical position by any movement or rotation of which gives the visual impression of such movement or rotation. Sign, nameplate means a sign, located on the premises which bears the name and/or address of the occupant of the building or premises. Sign, nonconforming means a sign that does not conform to the requirements of this chapter. Sign, off-premises means an advertising sign which directs attention to a use, product, commodity or services not related to the premises on which it is located. Sign,on premises means a sign which directs attention to a business,commodity,product, use,service or other activity which is sold,offered or conducted on the premises upon which the sign is located. Sign,portable means a sign designed so as to be movable from one(1)location to another, and that is not permanently affixed to a building, structure, or the ground including, but not limited to, signs designed to be transported by means of wheels, sign converted to A-Frames, menu and sandwich board signs, and signs attached to or painted on vehicles parked and visible from the public right-of-way unless said vehicle is used in the normal day-to-day operations. Sign, private sale or event means a temporary sign advertising private sales or personal property such as a house sale, garage sale and the like or private nonprofit events such as picnic, carnival, bazaar, game night, art fair, or craft show. v�. Sign, projecting means a sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building. Sign, real estate means a sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. Supp. No. 8 1158.1 NOTICE OF PUBLIC HEARING SIGN PLAN CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Wednesday, December 2, 1998, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall,690 Coulter Drive. The purpose of this hearing is to consider the application of Lotus Realty for Colonial Square Center located on West 78th Street and Great Plains Blvd. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Cynthia Kirchoff, Planner I Phone: 937-1900, ext. 117 (Publish in the Chanhassen Villager on November 19, 1998) CHANHASSEN MEDICAL BLDG JAMES M MARTIN CAMEO CLEANERS 470 WEST 78TH STREET 3740 UNION TERRACE LANE 400 WEST 78TH STREET PO BOX 250 MINNEAPOLIS.MN 55441 CHANHASSEN.MN 55317 CHANHASSEN,MN 55317 CHAPEL HILL ACADEMY MR &MRS DOUG FISHER WESTWOOD COMMUNITY CHURCH ATTN: TERRY 7724 FRONTIER TRAIL 7801 PARK DRIVE 308 W 78TH STREET CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 HERITAGE APARTMENTS LARRY SCHROEDER COLONIAL SQUARE, LLC C.!O LOTUS REALTY SERVICES, INC. 425 CHAN VIEW 7720 FRONTIER TRAIL P.O. BOX 235 CHANHASSEN.MN 55317 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 MARK SCHLENK IVO SCHUTROP CHANHASSEN REALTY CO Ci0 PEGGY RILEY 501 CHAN VIEW 302 CHAN VIEW CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 3700 ZENITH AVE. SO. MINNEAPOLIS.MN 55410 LAURA A LARSON GEORGE D SHORBA CHANHASSEN MEDICAL BLDG 7615 IROQUOIS 304 CHAN VIEW PO BOX 250 CHANHASSEN.MN 55317 CHANHASSEN,MN 55317 CHANHASSEN.MN 55317 JOHN R. RYAN NORBERT JACQUES 7613 IROQUOIS BOX 44 CHANHASSEN.MN 55317 CHANHASSEN.MN 55317 ARLIS BOVY CITY OF CHANHASSEN HRA 7610 HURON 690 COULTER DRIVE CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN GUEST SUITES CHAN VIEW ESTATES III P.O. BOX 64 PHILLIP HILLMAN CHANHASSEN,MN 55317 4900 NINE MILE CREEK PK BLOOMINGTON,MN 55437 LAN NGUYEN BLOOMBERG COMPANIES INC. 7609 HURON P.O. BOX 730 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 JANE MESSER COUNTRY CLEAN 7608 GREAT PLAINS BLVD P.O. BOX 162 CHANHASSEN.MN 55317 CHANHASSEN,MN 55317 101 CITY OF MEMORANDUM CHANHASSEN TO: Planning Commission 690 Ciry Center Drive,PO Box 147 Chanhassen,Minnesota 55317 FROM: Bob Generous, Senior Planner Phone 612.937.1900 General Fax 612.937.5739 DATE: December 2, 1998 Engineering Fax 612.937.9152 Public Safety Fax 612.934.2524 SUBJ: Comprehensive Plan Rezoning Process Web wwlaci.chanhaisen.nnl.us As required by the 1995 amendment to the Metropolitan Land Planning Act, the city is required to bring land use and zoning into compliance. The first step was to list those properties that have inconsistent land use and zoning. Staff has listed only those properties within the 1991 MUSA line and the properties zoned Business Fringe (BF) district since the consistency policy within the Land Use element specifically excludes most properties outside the MUSA line. "Regardless of a property's land use designation,properties not served by urban services shall not be rezoned to a zoning category consistent with the land use designation until such time as urban services are available. Current zoning of a parcel with a less intensive land use designation may remain. Intensification of land uses may only happen with the provision of urban services." Having prepared the list, staff believes the this language permits the city to leave properties within the 1991 MUSA area that have zoning, i.e., A2, RR, or RSF zoning, which is less intensive than the proposed land use in place until such time as intensification or development at urban density of the parcel is proposed. If the Planning Commission concurs with this interpretation, then there are only a handful of rezonings to consider,primarily properties where land use changes are required or properties zoned BF. In addition, staff would add the Schlenk property and those properties inadvertently zoned PUDR as part of the Longacres development. If the Planning Commission believes that all the properties currently within the MUSA area or zoned BF should be rezoned, then we would need to discuss how the city should proceed including how we are to break the rezonings down in to more manageable clusters to facilitate the process. Staff is proposing that regardless of what is to be rezoned, the first step would be to notify the property owners whose land is directly affected and hold an informal The City of Chanhassen.A growing community with clean lakes,quality schools,a charming downtown,thriving businesses,and beautifid parks.A great place to live,work,and play. Planning Commission December 2, 1998 Page 2 discussion prior to proceeding with the public hearings. As part of the public hearing process, property owners within 500 feet of each parcel proposed to be rezoned will be notified. RECOMMENDATION Staff requests that the Planning Commission direct staff in the process to be undertaken for the comprehensive plan rezonings. ATTACHMENTS 1. Comprehensive Plan Rezoning List 2. 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' .001eir":..,.•-E=;1.2-a- '"" 6 , ,....__ • " /Alec 1' All „,-- k_. .0........ft.,. j i"."' ••••• ,. • ,-- - 2- . ..___. SCALE 1:24000 'I. 1000 O 1000 2000 3000 .000 ,... ..„-. — , ,-4-:1.--'C":--,4\-- .. 1-si=s.....-=,. a kg P.---- 1 •,... . FM i r r 1 Al0 e ; Tii - REVISED August, I 9.98 k . I ."--Aar,,, '"" 1 .-!--'- ‘• „..4 I Jib -; z.. . ,....t.e.: ' .. ----- 7 iiillifi ! !. - e - - - I I ! I I I i 101 g, CITY OF MEMORANDUM CHANHASSFN TO: Planning Commission 690 City Center Drive,PO Box 147 Chanhassen,Minnesota 55317 FROM: Bob Generous, Senior Planner Phone 612.937.1900 General Fax 612.9375739 DATE: December 2, 1998 Engineering Fax 612.9379152 Public Safety Fax 612.934.25 24 SUBJ: Proposed PUD Ordinance revision It eb wwmci.chanhassen.mo.us BACKGROUND In November 1986, the city adopted a PUD ordinance. In the summer of 1991, the city amended the PUD ordinance creating an expanded intent section for the ordinance and establishing procedural requirements. It should be noted that the reference to gross density was specifically addressed and it was the intent of the ordinance to use gross density calculations to determine the number of units that would be permitted as part of a development. However, the comprehensive plan specified net density. In November 1992, the city amended the PUD ordinance. The minimum lot size for single-family detached housing was established at 11,000 square feet with an average lot size of 15,000 square feet. Staff and the Planning Commission had recommended 9,000 square foot minimum lots,however, the City Council revised the number. In July 1995, the city amended the PUD ordinance as part of the"glitch" ordinance revising the calculation of density from gross to net density, consistent with the requirements of the comprehensive plan. In November 1995, the City of Chanhassen agreed to participate in the Livable Communities Act and in December 1995 adopted housing goals. In June 1996, the City adopted an action plan for the implementation of the housing goals. The three requirements of the Livable Communities Act the city has to address are Life-cycle, Density and Affordable housing. • Life-cycle housing is made up of two components: the number of non- traditional housing, i.e., housing that is not single family detached, and the ratio of owner occupied units to rental units. The City of Chanhassen.A growing community with clean lakes,quality schools,a charming downtown,thriving businesses,and beautiful parks.A great place to live,work,and play. Planning Commission December 2, 1998 PUD Ordinance Revision Page 2 • Density compares the number of units per acre of development. • Affordable is that percentage of new housing units that will be affordable. For 1998, the Metropolitan Council considers owner occupied units under$128,000 affordable. Rental affordability is the percentage of two bedroom or larger rental units with rents under$760. Housing Element of the Comprehensive Plan The comprehensive plan provides guidance in revisions to the PUD ordinance. The following goal and policies are directly related to what we would like to accomplish as part of any revisions to the PUD ordinance. Goal: To provide housing opportunities for all residents, consistent with the identified community development goal. Policies: The City of Chanhassen will attempt to provide adequate land for projected housing growth and to provide opportunities for persons of a range of incomes. In order to encourage the development of affordable housing, the City of Chanhassen may increase the permitted net density of a project by 25 percent. The "bonus"units must meet affordable housing criteria as defined by the city. Developers shall be required to enter into an agreement ensuring the affordability of the units. Subsidized housing should be given equal site and planning considerations to non-subsidized housing units and should not be placed in inferior locations or in areas that are not provided with necessary urban services. The development of alternative types of housing such as patio homes, townhouses, and quadplexes should be permitted to supplement conventional single-family homes and apartments providing that they are compatible with appropriate land use practices and are representative of high quality development. New residential development should be discouraged from encroaching upon vital natural resources or physical features that perform essential protection functions in their natural state. Planning Commission December 2, 1998 PUD Ordinance Revision Page 3 Housing developments such as PUDs, cluster development and innovative site plans and building types should be encouraged to help conserve energy and resources used for housing. Where housing density is given by a range in the comprehensive plan, the city shall encourage development at the upper end of the density range. The city will promote the mixing of housing densities within projects in order to provide a wide range of housing styles and types. Such mixed densities must provide appropriate transitions from existing development. Bluff Creek Study In December 1996, Chanhassen approved the Bluff Creek Study which provided direction in land use and development design along bluff creek. While some of the elements for the implementation may be incorporated in an overlay district,portions can and will be implemented as part of the PUD ordinance. In addition, some elements such as density transfer,cluster development, enhanced standards for the preservation of natural resources may be desirable throughout the community. EXISTING 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. It will be the applicant's responsibility to demonstrate that the City's expectations are to be realized as evaluated against the following criteria: 1. 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. 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. Planning Commission December 2, 1998 PUD Ordinance Revision Page 4 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. 4. Sensitive development in transitional areas located between different land uses and along significant corridors within the city will be encouraged. 5. Development which is consistent with 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. 7. Provision of housing affordable to all income groups if appropriate with the PUD. 8. Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses. 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. ANALYSIS OF PROPOSED ORDINANCE AMENDMENTS Staff has prepared a strike through and bold format to show proposed changes to the ordinance. In addition, comments on the proposed changes are provided after each section. Section 1. Section 20-1 definitions: Cluster Development means a pattern of development that arranges the layout of building on a compact area of the site so as to reserve a portion of the site for common open space or green space that is protected in perpetuity. Natural Habitat Area means an area that is characterized by being primarily in a natural state with only minor evidence of disturbance from modern human activity. Natural habitat areas may include forests, wetlands, or endangered or threatened species. *These definitions help to clarify ideas expressed in the ordinance. Section 2. Section 20-501 (7) Provision of housing affordable and diverse housing to all income groups, whenever possible if-appropriate, within the residential and mixed use PUD. Planning Commission December 2, 1998 PUD Ordinance Revision Page 5 *The proposed amendment reiterates the goals of the comprehensive plan and clarifies the development types where it is applicable. The city will encourage mixing of housing types and density, where appropriate, in new residential developments. Section 3. Section 20-501 (9) Use of traffic management and design techniques including the provision of transit and pedestrian linkages to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Where appropriate, the use of transportation demand management strategies shall be required within a project. *The proposed amendment incorporates policies in the comprehensive plan to create multi- model transportation within the community. Section 4. Section 20-502 (1) Each PUD shall only be used for the use or uses for which the site is designated in the comprehensive plan and to further the goals and policies of the comprehensive plan, except that the city may permit up to twenty-five (25) percent of the gross floor area of all buildings proposed in a PUD or up to ten (10) percent of the gross land area to be used for land uses for which the site is not designated in the comprehensive plan if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this section. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. (2) Where the site of a proposed PUD is designated for more than one (1) land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as to city council shall deem appropriate to achieve the purposes of this article and the comprehensive plan. *The proposed amendment clarifies that goals and policies as well as net density ranges are important in determining consistency with the comprehensive plan. In addition, not all developments specify total building area, e.g., residential projects, and therefore, an area percentage is necessary to permit mixed use developments without amending the comprehensive plan. Generally, a 10 percent change is not considered significant. However, the city must still determine that the proposed change is appropriate for the community. Section 5. Section 20-503 (a) (3) The property is located in a transitional area between different land use categories or on a collector, minor intermediate or principal arterial as defined in the comprehensive plan. Planning Commission December 2, 1998 PUD Ordinance Revision Page 6 *The proposed amendment adds collector streets which are intended to carry larger numbers of traffic as an appropriate location for smaller PUDs. Intermediate arterials are classified as minor arterials in the comprehensive plan. Section 6. Section 20-505 (c) (3) Density transfer in single-family detached or attached areas will be evaluated using the items listed in sections 20-506 or 20-508. Density transfer eligible for multi-family areas may be are not permitted to be applied to single-family areas subject to appropriate transitions from existing or planned land uses. *The proposed amendment expands on the density transfer idea. Density transfer within single- family developments is limited to lot size variation. Density transfer from multi-family is not permitted to low density areas. This may interfere with city efforts at preserving natural areas, such as Bluff Creek, which have a higher land use classification. The city under the current ordinance would lose this density. Section 7. Section 20-505 ( c ) (4) In no case shall the overall density of the development exceed the net density ranges identified in the comprehensive plan except as specified in policies encouraging life cycle housing. *The proposed amendment permits the city to incorporate other goals and policies to determine the permitted density of a project. In order to provide affordable housing, the city may wish to look at providing density incentives that may exceed the net density for a particular land use. Section 8. Section 20-505 (d) The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density and other standards for developments providing low and moderate cost housing. Incentives may be approved by the city contingent upon the developer and the city entering haveeyed into an agreement to ensureing that the housing will be available to low and moderate income persons for a specific period of time. *The proposed amendment clarifies that a developer must enter into an agreement with the city to provide housing affordable to low and moderate income persons. Section 9. Section 20-505 (i) Signs shall be restricted to those which are permitted in the sign plan approved by the city and shall be regulated by permanent covenants or design standards established in the PUD Development Contract. Entrance monuments, if used, shall be well designed. *The proposed amendment clarifies that signage is specified in the design standards for a project. Entrance monuments were formerly addressed in two other locations in the PUD ordinance. Planning Commission December 2, 1998 PUD Ordinance Revision Page 7 Section 10. Section 20-506 (b) Minimum lot size. The traditional single-family residential PUD allows lot sizes down to a minimum of eleven thousand(11,000) square feet(excluding identified wetland areas from lot calculations). Average let f r The entire PUD shall maintain a minimum net density of 2.4 units per acre :, -. : - - .. - . - " ' - . . - feet. The applicant must demonstrate that there are a mix of lot sizes and proposed housing types consistent with the local terrain conditions,preservation of natural features and open space and that lot sizes are consistent with average building footprints that will be concurrently approved with the PUD. The applicant must demonstrate that each lot is able to accommodate a sixty-foot by sixty-foot few-feet building pad without intruding into any required setback area or protective easement. Each home must also have a minimum rear yard thirty(30) feet deep. This area may not be encumbered by the required home/deck pad or by wetland/drainage easements. It may include areas with steep terrain or tree cover. *The proposed amendment will create a more traditional single-family residential PUD category. The current zoning options for development on low density residential lands are the RSF district which requires a minimum lot size of 15,000 square feet,the R4 district which requires minimum lot sizes for single-family detached houses of 15,000 square feet and 10,000 square feet for each duplex unit,and the PUD district which permits a minimum lot size of 11,000 square feet, but requires an average lot size within the development of 15,000 square feet. Minimum density within a PUD would be 2.4 units per acre which equals approximately 18,000 square feet on average. Within the comprehensive plan, the city assumed approximately 2.4 units per acre in projecting housing in low density areas. The 60 x 60 foot building area requirement is consistent with the tree preservation ordinance requirement in the subdivision ordinance. Section 11. Section 20-506(g) (1) Boulevard plantings. Located in front yard areas shall require a mix of over-story trees and other plantings consistent with the site. A minimum of two over-story trees must be provided in each front yard. - - - _- . - , •• -- - - - - requifed, In place of mass grading for building pads and roads, stone or decorative block retaining walls shall be employed as required to preserve natural trees and the site's topography. *The proposed amendment are for house keeping purposes. Entrance signage is being proposed in section 20-505 (i). The traditional single-family PUD should have additional landscaping requirements in the front yard. Section 12. Section 20-508 (a) Generally. Single-family attached, cluster, zero lot line, townhouses and similar type dwelling types may shat only be allowed on sites designed for low, medium or high density residential uses by the Chanhassen Comprehensive Plan. Planning Commission December 2, 1998 PUD Ordinance Revision Page 8 *The proposed amendment provides additional flexibility for residential developments, especially in low density areas. While the purpose of the PUD is to provide enhanced flexibility, due to the requirements contained in the ordinance there are severe constraints placed on the flexibility. Section 13. Section 20-508 (b) Minimum lot sizes. •- - . - - • - - - - . - - - -- - . - :. There shall be no minimum lot size; however, in no case shall the overall net exceed guidelines established by the city comprehensive plan. *There is a glitch in the ordinance that first requires a minimum lot size then states that there is no minimum lot size. Minimum lot size requirements preclude the provision of zero lot line and cluster housing or attached single-family which may be appropriate designs to preserve significant natural features or to create additional open space. Non-traditional single-family housing is currently only permitted in medium or high density areas. Examples There are several development examples in which the city could have had more sensitive development had we had more flexibility within the PUD ordinance and better resource protection criteria. Stone Creek Addition. Part of the site was agricultural field and part of the site was heavily wooded. By reducing the lot sizes and concentrating the development in the open field,the city may have been able to preserve an area of central hardwoods as common open space. Creekside Addition. This site is adjacent to Bluff Creek and also contains an example of a central hardwood forest. Had the city been able to transfer density within the project, the hardwood forest may have been preserved and additional view corridors to Bluff Creek and the wetland complex may have been provided. Shamrock Ridge Addition. An area of steep slopes which did not meet the Bluff Ordinance criteria, located in the western third of the project, may have been preserved had the city had a more flexible PUD ordinance. Again, the density of this area could have been transferred to less sensitive areas. Section 14. Section 20-508 (e) (1) Boulevard plantings. Located in front yards shall require a mix of over-story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen the site from major roadways, railroads and more intensive land uses. Well designed entrance monument is required. In place of mass grading for building pads and roads, Planning Commission December 2, 1998 PUD Ordinance Revision Page 9 stone or decorative blocks retaining walls shall be employed as required to preserve mature trees and the site's natural topography. *The proposed amendment are for house keeping purposes. Entrance signage is included in section 20-505 (i). Section 15. Section 20-517 (a) The general concept plan for a PUD provides an opportunity for the applicant to submit a plan to the city showing the basic intent and the general nature of the entire development without incurring substantial cost. The plan shall include the following: (1) Identification of all resource areas within and adjacent to the project site including areas of significant slope (12 percent slope or greater), forested areas, lakes, stream, and wetlands, areas of unique vegetative cover, scenic views, natural habitat areas, or historic areas, buildings, or features. (2) Calculations and/or drawings that identify the allowable density (number of units or building coverage) under the Chanhassen City Code. Calculation of allowable density shall specifically exclude lands classified as bluffs, flood plains, and designated wetlands. Calculation of allowable impervious cover may include bluffs and flood plains, but shall specifically exclude designated wetlands. An allowance for public right-of-way for roads between 10 and 20 percent of the gross area shall be incorporated in the allowable density calculation for subdivisions. (3) Overall gross and net density. (4) Identification of building sites located such as to maximize views and access to open spaces and preserve resource areas. (4) Identification of approximate easy lot size and lot width. (5) General location of major streets and pedestrian ways and connections to existing and future development. (6) General location and extent of public and common open spaces. (7) General location and type of land uses and intensities of development. (8) Staging and time schedule for development. Planning Commission December 2, 1998 PUD Ordinance Revision Page 10 *The intent of the PUD ordinance is to provide enhanced environmental protection within a development. Since preservation of natural areas are a primary goal of the PUD, staff is recommending that the city revise the process to require that 1) resource areas are identified, 2) housing and building sites are located to maximize views and access to open spaces, 3) road systems are designed that incorporate 1 and 2, and 4)pedestrian and vehicular linkages are provided from the PUD to adjacent development. Development would then proceed to preserve or enhance these resources. The most significant change in the ordinance would permit zero lot line, clustered, and single- family attached housing in low density areas when appropriate. In addition, the city would provide density bonuses for the provision of affordable housing including rental housing based on housing goals and policies in the comprehensive plan. RECOMMENDATION Staff recommends that the Planning Commission review the PUD ordinance and provide staff with direction regarding the revisions to the ordinance. ATTACHMENTS 1. PUD Ordinance Revisions g:\plan\bg\pud ord.revision memo.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 CHANHASSEN CITY CODE,THE ZONING ORDINANCE ARTICLE I, IN GENERAL AND ARTICLE VIII,PLANNED UNIT DEVELOPMENT THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-1 of the Chanhassen City Code is amended by adding the following definitions: Cluster Development means a pattern of development that arranges the layout of building on a compact area of the site so as to reserve a portion of the site for common open space or green space that is protected in perpetuity. Natural Habitat Area means an area that is characterized by being primarily in a natural state with only minor evidence of disturbance from modern human activity. Natural habitat areas may include forests, wetlands, or endangered or threatened species. Section 2. Section 20-501 (7) of the Chanhassen City Code is amended to read: (7) Provision of affordable and diverse housing to all income groups, whenever possible, within the residential and mixed use PUD. Section 3. Section 20-501 (9)of the Chanhassen City Code is amended to read: (9) Use of traffic management and design techniques including the provision of transit and pedestrian linkages to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Where appropriate,the use of transportation demand management strategies shall be required within a project. Section 4. Section 20-502, of the Chanhassen City Code is amended to read: (1) Each PUD shall only be used for the use or uses for which the site is designated in the comprehensive plan and to further the goals and policies of the comprehensive plan, except that the city may permit up to twenty-five(25)percent of the gross floor area of all buildings proposed in a PUD or up to ten(10)percent of the gross land area to be used for land uses for which the site is not designated in the comprehensive plan if 1 the city council finds that such use is in the best interests of the city and is consistent with the requirements of this section. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. (2) Where the site of a proposed PUD is designated for more than one(1) land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as to city council shall deem appropriate to achieve the purposes of this article and the comprehensive plan. Section 5. Section 20-503 (a) (3) of the Chanhassen City Code is amended to read: (3) The property is located in a transitional area between different land use categories or on a collector, minor or principal arterial as defined in the comprehensive plan. Section 6. Section 20-505 (c) (3)of the Chanhassen City Code is amended to read: (3) Density transfer in single-family detached or attached areas will be evaluated using the items listed in sections 20-506 or 20-508. Density transfer eligible for multi- family areas may be permitted to be applied to single-family areas subject to appropriate transitions from existing or planned land uses. Section 7. Section 20-505 (c ) (4) of the Chanhassen City Code is amended to read: (4) In no case shall the overall density of the development exceed the net density ranges identified in the comprehensive plan except as specified in policies encouraging life cycle housing. Section 8. Section 20-505 (d) of the Chanhassen City Code is amended to read: (d) The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density and other standards for developments providing low and moderate cost housing. Incentives may be approved by the city contingent upon the developer and the city entering into an agreement ensuring that the housing will be available to low and moderate income persons for a specific period of time. Section 9. Section 20-505 (i) of the Chanhassen City Code shall be amended to read: (i) Signs shall be restricted to those which are permitted in the sign plan approved by the city and shall be regulated by permanent covenants or design standards established in the PUD Development Contract. Entrance monuments, if used, shall be well designed. Section 10. Section 20-506 (b) of the Chanhassen City Code is amended to read: 2 (b) Minimum lot size. The traditional single-family residential PUD allows lot sizes down to a minimum of eleven thousand(11,000) square feet (excluding identified wetland areas from lot calculations). The entire PUD shall maintain a minimum net density of 2.4 units per acre. The applicant must demonstrate that there are a mix of lot sizes and proposed housing types consistent with the local terrain conditions,preservation of natural features and open space and that lot sizes are consistent with average building footprints that will be concurrently approved with the PUD. The applicant must demonstrate that each lot is able to accommodate a sixty-foot by sixty-foot building pad without intruding into any required setback area or protective easement. Each home must also have a minimum rear yard thirty(30) feet deep. This area may not be encumbered by the required home/deck pad or by wetland/drainage easements. It may include areas with steep terrain or tree cover. Section 11. Section 20-506(g)(1)of the Chanhassen City Code is amended to read: • (1) Boulevard plantings. Located in front yard areas shall require a mix of over-story trees and other plantings consistent with the site. A minimum of two over-story trees must be provided in each front yard. In place of mass grading for building pads and roads, stone or decorative block retaining walls shall be employed as required to preserve natural trees and the site's topography. Section 12. Section 20-508 (a) of the Chanhassen City Code is amended to read: (a) Generally. Single-family attached, cluster,zero lot line,townhouses and similar type dwelling types may be allowed on sites designed for low,medium or high density residential uses by the Chanhassen Comprehensive Plan. Section 13. Section 20-508 (b) of the Chanhassen City Code is amended to read: (b) Minimum lot sizes. There shall be no minimum lot size; however, in no case shall the overall net exceed guidelines established by the city comprehensive plan. Section 14. Section 20-508 (e)(1) of the Chanhassen City Code is amended to read: (1) Boulevard plantings. Located in front yards shall require a mix of over-story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen the site from major roadways, railroads and more intensive land uses. In place of mass grading for building pads and roads, stone or decorative blocks retaining walls shall be employed as required to preserve mature trees and the site's natural topography. Section 15. Section 20-517 (a) of the Chanhassen City Code is amended to read: 3 (a) The general concept plan for a PUD provides an opportunity for the applicant to submit a plan to the city showing the basic intent and the general nature of the entire development without incurring substantial cost. The plan shall include the following: 1. Identification of all resource areas within and adjacent to the project site including areas of significant slope(12 percent slope or greater), forested areas, lakes, stream, and wetlands, areas of unique vegetative cover, scenic views,natural habitat areas, or historic areas,buildings, or features. 2. Calculations and/or drawings that identify the allowable density(number of units or building coverage)under the Chanhassen City Code. Calculation of allowable density shall specifically exclude lands classified as bluffs, flood plains, and designated wetlands. Calculation of allowable impervious cover may include bluffs and flood plains,but shall specifically exclude designated wetlands. An allowance for public right-of-way for roads between 10 and 20 percent of the gross area shall be incorporated in the allowable density calculation for subdivisions. 3. Overall gross and net density. 4. Identification of building sites located such as to maximize views and access to open spaces and preserve resource areas. 5. Identification of approximate lot size and lot width. 6. General location of major streets and pedestrian ways and connections to existing and future development. 7. General location and extent of public and common open spaces. 8. General location and type of land uses and intensities of development. 9. Staging and time schedule for development. Section 16. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of , 1998, by the City Council of the City of Chanhassen, Minnesota Don Ashworth, City Manager Nancy K. Mancino, Mayor (Published in the Chanhassen Villager on ) 4 CHANHASSEN PLANNING COMMISSION REGULAR MEETING NOVEMBER 18, 1998 Chairman Peterson called the meeting to order at 7:05 p.m. MEMBERS PRESENT: Craig Peterson, Alyson Brooks, Allison Blackowiak, Ladd Conrad, Kevin Joyce, and Matt Burton MEMBERS ABSENT: LuAnn Sidney STAFF PRESENT: Kate Aanenson, Planning Director; Cynthia Kirchoff; Planner I; and Dave Hempel, Asst. City Engineer PUBLIC HEARING: US BANK FOR A VARIANCE FROM THE AREA REQUIREMENTS OF THE SIGN ORDINANCE FOR THE CONSTRUCTION OF A WALL SIGN LOCATED AT 800 WEST 78TH STREET. Cynthia Kirchoff presented the staff report on this item. Peterson: Questions of staff? One. As we talk about, as you drive by and look at the window, we can use 50% of that for signage. What are the other limitations behind that? Can it be back lit? Can it be neon? Are there any other options? I can't remember the sign ordinance off the top of my head. Kirchoff: The sign ordinance doesn't regulate window signage, with the exception of the area. You do see quite a few neon, back lit window signs in Chanhassen. Peterson: This one you probably, you could or couldn't see it from the road? From the frontage road. As I recall you can. My eye sight being bad, I wasn't, went by there again tonight but I couldn't really tell whether you could see it or not. Kirchoff: Are you referring to if they would put a sign on the door? Peterson: Yeah. Kirchoff: It would probably be hard but it would still be visible from the parking lot at least. So you'd know that there was a US Bank inside of the building. Peterson: The other option is I think as you mentioned, to redo the pylon sign at the entrance. Kirchoff: Yes, that would be another option. Planning Commission Meeting -November 18, 1998 Peterson: Do you know whether or not US Bank is renting from Byerly's or from the building owner? Kirchoff: I'm not certain. Is there anyone here for US Bank? Peterson: We'll get to that question when he makes his presentation than. Kevin, we're just going through the sign variance for US Bank and asking questions of staff. Do you have anything before we move on? Joyce: ...what the status of the banner if this does, if this is approved or not approved. What happens? Kirchoff: The banner will have to be taken down. Joyce: Regardless the banner comes down? Kirchoff: Yes. Peterson: Other questions of staff? Okay. Would the applicant or their designee wish to make a presentation? State your name and address please for the record. Why don't you come up front if you would. Bruce Wagner: My name is Bruce Wagner and my address is 12608 Driftwood Lane, Apple Valley, Minnesota. I'm the Retail Market Manager for US Bank for the western suburbs and I'd like to thank the Planning Commission for considering our signage request and to thank the staff for their analysis on the issue. My comments are very brief. I just have three very brief comments and number one is that our request is only for 8 square feet of a non-illuminated sign and we feel that would be important to us, for perspective customers and existing customers. And the second in terms of the options in terms of signage on the glass front and the other options of Byerly's. Byerly's management has indicated that those issues are non-negotiable. So I just am making you aware of that for your consideration. And the third is basically that we're in Chanhassen to stay and we think it's a great community and we make loans to individuals and businesses and they contribute to the economic success of the community. And again we'd just like to thank you for your consideration of our signage request. Peterson: This item is open for a public hearing. May I have a motion to open it for public hearing and a second please? Joyce moved, Blackowiak seconded to open the public hearing. The public hearing was opened. Peterson: This is a public hearing. Anyone wishing to address the commission, please come forward please. Seeing none, is there a motion to close the public hearing? Brooks moved,Joyce seconded to close the public hearing. The public hearing was closed. 2 Planning Commission Meeting - November 18, 1998 Peterson: Commissioners. Matt, do you have comments on this one? Burton: Well I think it's a little bit of a tough one in that I would like to see US Bank have a sign and I think it'd be nice if they had a sign. I think it's unfortunate though that this wasn't contemplated when Byerly's first came through and the variance ordinance is pretty clear with it's conditions and I don't think that the request meets the conditions so I think it's,I think it'd be hard to approve the variance. Peterson: Kevin, your respective comments. Joyce: I have to ask a question again of staff. When the applicant mentioned something being non-negotiable, that's the window sign? They're not going to allow that is what I'm hearing, correct? Bruce Wagner: Our discussions with Byerly's... Joyce: So you in essence will not have any signage whatsoever outside? Bruce Wagner: Correct. Joyce: The problem I have with it is the way I view this. It looks like a variance on a variance is what we're asking for,and that's my biggest concern about this whole thing. I do want to put in, my position though is I'd like to see them have the ability to put the sign up. That's just my opinion but I've got a problem with the variance on the variance. So I'm not giving you any good direction here. 1 don't know which way to go with this to be perfectly honest with you. I think that there is somewhat of a compelling reason that they should be allowed, if there are tenants there,regardless of our ordinance,that they should be allowed to have some signage. I mean I don't think it's not illuminated signage so it's just a signage on a wall. And I don't have a problem with that. I do have a problem with the variance on the variance. I'd like to come back and hear what everyone else has to say because I'm kind of on the fence on this one. Peterson: We'll try to get you off the fence. Joyce: All right. Blackowiak: Okay. I kind of agree with Kevin. With what Kevin said. The variance on a variance concept is not, does not sit well with me. In the analysis portion we talked about,you know what would happen if Caribou Coffee and Leann Chin request signage? You know what about the U.S. Post Office? What about Proex? What about Bachman? There are so many sub-units within that Byerly's, I think we could really open up a can of worms if we allowed, even though it's rather small, the US Bank to go ahead with the sign. My direction would be that you need to talk to Byerly's. They got a pretty big variance first time around and they should maybe share some of that if they're going to be leasing the space to you because they've obviously benefitted from that large sign and maybe it's time to include some of the people that 3 Planning Commission Meeting - November 18, 1998 they're being, you know that are paying rent to them on that sign and just kind of leave it as is. So I guess I'm not really on the fence on that one. Peterson: Okay. Allyson. Brooks: Well I agree with Alison. I don't think the variance is warranted in this case. Although I think, I agree with everybody. I think US Bank should have a sign. I mean every business has a sign but this is kind of funky case and the thing that got me in the staff report is what Alison said. That you've also got Caribou Coffee and Leann Chin but then there's other businesses in Chanhassen that Target could end up with a sub-unit inside. I mean that's becoming more and more common. So once we open the door to one, then we open the door to everybody. So nothing against US Bank because we're glad to have them in the community but it's the domino effect I think that I'm the most worried about. Peterson: Ladd. Conrad: Nothing new. It's too bad. I think we'd all like to see your name out there. There's no way around the ordinance. Peterson: I also concur with my fellow commissioners in the fact that we have an ordinance that's pretty straight forward and we have, what I don't like to get in the middle of is a tenant landlord negotiation which I think really is essentially what we're dealing with here so. To that end I would support staff's position by opposing the variance. With those comments, may I have a motion and a second please? Brooks: I move the Planning Commission recommends that the City Council deny the request for a 8.25 square foot variance from the sign ordinance and amendment to Variance #94-1 for the construction of an 8.25 square foot non-illuminated wall sign based upon the findings presented in the.staff report and the following. One. The applicant has a reasonable opportunity to install signage on the glass doors along West 78th Street. Peterson: Is there a second? Blackowiak: Second. Peterson: Any discussion? Brooks moved, Blackowiak seconded that the Planning Commission recommends that the City Council deny the request for a 8.25 square foot variance from the sign ordinance and amendment to Variance#94-1 for the construction of an 8.25 square foot non-illuminated wall sign based upon the findings presented in the staff report and the following: 1. The applicant has a reasonable opportunity to install signage on the glass doors along Nest 78th Street. 4 Planning Commission Meeting - November 18, 1998 All voted in favor and the motion carried unanimously. PUBLIC HEARING: WETLAND ALTERATION PERMIT REQUEST FROM CARVER COUNTY FOR MINNEWASHTA REGIONAL PARL. THE PROPOSAL WILL IMPACT APPROXIMATELY 6,000 SQUARE FEET OF WETLAND AS PART OF A SWIMMING BEACH EXPANSION PROJECT. THE PROPOSED IMPACT IS REGULATED BY THE STATE OF MINNESOTA'S WETLAND CONSERVATION ACT (WCA) AND BY THE CITY OF CHANHASSEN'S WETLAND ORDINANCES. Kate Aanenson presented the staff report on this item. Peterson: Questions of staff? Conrad: Sure. Applicant is who? Aanenson: Carver County. Conrad: Is the County. And Phillip's report, are we a neutral, is Phillip a neutral party as he reviews this? Aanenson: Correct. Yes. Conrad: We don't have a vested interest so basically when he said it's probably, we can win some other ways, it's a straight, there is not. Aanenson: It wasn't identified but we went out and looked at it. We asked them to delineate it and we felt that it did meet the criteria for a wetland. We did want to replace it at the 2:1 which meets our requirements and the replacement, as he's indicated in the staff report, the new wetland credits and the public value credit so it meets all of our ordinance requirements we think. Improving the quality of that beach and the marginal, what's there right now and this replacement works. Conrad: The wetland functions as what right now Kate? What is it doing? Aanenson: The way Phil phrased it is that it's probably during high periods, like the spring thaw, there's probably a lot of back water if you look at how the topography works. It's holding back some of the water there on the. Conrad: Drainage coming in? Aanenson: No. It's probably more just the seasonal thawing pushing up and yeah. Conrad: And how many feet is it that we're? 5 Planning Commission Meeting - November 18, 1998 Aanenson: 30 feet shoreward. Conrad: And 200 feet long. Aanenson: Right. Approximately. Peterson: That's increasing the beach area by about what percent? 30? Aanenson: I'm not sure if that was a percentage. Blackowiak: I thought it was 100. I thought it was at 200 feet right now. On page 1. Existing beachlot. Oh wait, no. Maybe not. That's 200 feet linear feet right now. Peterson: I couldn't figure out how much, what percentage it was. Blackowiak: That's kind of part of my question too. Kate, if you could look at the. Aanenson: If you look at this figure here where we're showing the existing beach. This probably gives a better idea on... Peterson: That's taking out those trees and lowering the grade. Blackowiak: Kate, back on the map photocopy you have on the last page. The mitigation plan. Can you help me out? We've got a number 3. We've got the little numbers here. Is number 3 kind of existing beach and number 4 proposed? I'm trying to, this one right here. I'm sorry. It's the last page in our packet. Can you help out with what these different numbers mean? Aanenson: 4 would be the jurisdiction of the DNR. That would be kind of that, what I showed before. That would be more like the cattail kind of area. 3 is actually what's above the OHW. Blackowiak: Okay,and then what is that big,white area behind? Is that the parking area down there? Okay. I just want to get my bearings. Aanenson: Yeah, actually what's not labeled there is the existing beach. Blackowiak: Yeah existing I think is kind of under 3 and 1? Aanenson: Correct. Peterson: Other questions of staff? This is a public hearing. May I have a motion and a second to open to the same please. Conrad moved,Joyce seconded to open the public hearing. The public hearing was opened. 6 Planning Commission Meeting-November 18, 1998 Peterson: Anyone wishing to address the commission please come forward. Seeing none, motion to close. Blackowiak moved, Brooks seconded to close the public hearing. The public hearing was closed. Peterson: Commissioners. Ladd, do you want to start it off? Conrad: I'm fine. I'm not ever comfortable when we close down a wetland but if Phillip has reviewed this. Believes that we're getting something better out of it, I'm okay. Peterson: Allyson. Brooks: I don't have any comment. Peterson: Alison. Blackowiak: No, I agree. I'm comfortable with this. I mean you figure if the Lake Minnewashta Regional Park is okay with it then I'm feeling pretty good. Peterson: Kevin. Joyce: I feel okay... Peterson: Matt. Burton: I agree with the prior comments. Peterson: I also concur with those comments. May I have a motion please. Joyce: I make the motion that staff recommends the planning, or the Planning Commission recommends the City Council approve Wetland Alteration Permit#98-4 to allow a larger beach area for Lake Minnewashta Regional Park and subject to conditions 1 through 4. Blackowiak: I'll second that. Peterson: Any discussion? Joyce moved, Blackowiak seconded that the Planning Commission recommends that the City Council approve Wetland Alteration Permit#98-4 to allow a larger beach area for Lake Minnewashta Regional Park. The applicant has provided an innovative mitigation plan and has retained competent professionals to implement the plan. Approval is subject to the following conditions: 7 Planning Commission Meeting-November 18, 1998 1. 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. 2. The applicant will meet wetland rules and regulations as stated in Corps of Engineers Section 404 permit, the State Wetland Conservation Act, and the City's Wetland Ordinance. Mitigation work shall be implemented prior to or concurrent with wetland fill activity in all phases of the project. 3. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and comply with their conditions of approval. 4. The applicant will need to develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook and the Surface Water Management Plan requirements for new development. The plan shall be submitted to the city for review and formal approval. All voted in favor and the motion carried unanimously. PUBLIC HEARING: AMENDMENT TO VARIANCE APPROVAL FOR THE CHANHASSEN CINEMA SIGN. Kate Aanenson presented the staff report on this item. Peterson: What's in the package there is also pylon sign. Are we recommending going? Aanenson: That was the original report that came in. Reader boards. They wanted a separate reader board out on Market. Peterson: They're not coming back with a request for that being part of tonight's variance? Aanenson: No. Not tonight. They just wanted the Cinema up there. This was the sign, the applicant chose not to go forward with. This is one the Council also approved that and that was to have the reader up on the top. The reader board. The problem with this is that it was on a flat surface. We don't allow that type of sign. They wanted the channel letters. So where we're at today then would be back to just trying to get the cinema with the channel letters. What we're saying is that now that the other building may be coming forward,we want to have a time limit on this. Does it make sense to even go forward with this? Some of these questions will be answered shortly. Peterson: The issue, either way, I mean right now they have approval to go ahead with City Council already has. 8 Planning Commission Meeting -November 18, 1998 Aanenson: Correct. Peterson: And they could,the lettering, if that's substantially different, you haven't got the lettering...cinema sign being relatively the same size. So they have that option to go ahead now. Looking at which is more or less obtrusive... Aanenson: Yeah,but it's a little bit more complex than that. Is that this sign was originally given a variance because it does not have street frontage and the reason that it was given the variance for that type of thing is because we felt the architecture and being the movie theater being more unique, sometimes different signage is called for. So does this meet that standard? What if this becomes the sign? What if the other never goes forward? Is this what you'd want to see up there permanently and that's kind of the cloud over it. So I don't know if you want to look at it on a temporary basis. Ask the applicant if he wants to wait until the other issue's resolved. There are a couple different ways to go on that. Peterson: Other questions of staff. Conrad: And the pylon sign Kate was approved for Market Boulevard? Aanenson: No. Conrad: It was not. Aanenson: That was another option for a reader board. Yeah, actually that would be the city's property. Conrad: That's where the reader board should be. The original sketch that we saw of the complex that you flashed up in the kit. The center sign. Okay,that's the end sign. But the first sketch of the whole building Kate where there was a sort of significant central. Aanenson: Oh, with the new? The entire piece. Conrad: Yeah, is that a new? Aanenson: Yeah. That's what's coming forward to the EDA. Conrad: Okay that's where we may go. Okay. And that. Aanenson: Right. And depending on how that goes, this would be the one that comes through the process...it's very preliminary... That'd be some sort of entrance but maybe more, or exit but it wouldn't be the primary exit. Entrance. Conrad: In my mind there's no doubt, we've got to give him exposure. They've got to have some business and we need the visibility but it's certainly not, what's being presented is certainly 9 Planning Commission Meeting-November 18, 1998 not a long term deal. Absolutely,we should give them some rights to do something but just temporarily and I don't know how long that would be. It's probably until we see where it's going. I'm not sure I could set a date. I think the applicant would have to tell me but, and tell us when they thought the rest of it would come along and then we could hit it based on the balance of the project so I'm not sure I could give a date tonight but I certainly know it should be something dealing. You didn't even ask for my opinion Mr. Chairman. I'm sorry I'm doing this. But, yeah this is a question. This is questioning staff time but I'm really into opinions on it. I think we should, we've got to give him some signage but we should make it temporary. Joyce: Is the sign plan, is that a conditional use or is that just we accept the sign plan? That's the way it is, right? Aanenson: Right. Joyce: Can we put a conditional use on it? Aanenson: On a variance you can attach a condition, sure. Joyce: So on something like this we could put the conditional use and make it. Aanenson: You can put a time. You can attach any condition you want on the variance to mitigate the time frame or. Peterson: Not a conditional use but a. Aanenson: Variance, yeah. Joyce: Variance with a condition. Aanenson: Yeah, right. Joyce: Okay, so we could put it, if we're talking about this variance then we can put a time frame on it We can say January 1 S` if we wanted to. Okay. Peterson: Other questions of staff? Would the applicant like to present their position? Bob Copeland: Good evening. My name is Bob Copeland and I represent the cinema. First of all I want to apologize. I feel like I owe all of you an apology because I don't think,or we didn't intend to take your time discussing this sign. We attempted to submit a sign that wouldn't require any variances and could be approved at a staff level and we would just have our sign. But that didn't happen that way so here I am. At any rate,we intend that this be a temporary sign. That's our plan too and I think a reasonable time limit is two years from the time we get it up, which would be, if it was approved, it would be about 4 weeks after it's approved by the council. So we think that's a reasonable time frame and we think it's a good compromise and we're happy to go along with that. So I'll answer any questions you may have. 10 Planning Commission Meeting -November 18, 1998 Joyce: Why two years? Bob Copeland: Because we think it might take that long...new permanent sign in place. Joyce: You're talking about possibly with the other? Bob Copeland: This sign. Joyce: Okay. Okay, so you're talking about the whole entertainment complex. Bob Copeland: Well I don't know about the entertainment complex but I know about the cinema. Joyce: Changing the entrance is what you're talking about? Bob Copeland: Right. Peterson: Your expectation now would be to add additional theaters. Bob Copeland: That's what we're proposing to do, that's right. Peterson: Addition an additional 8 to 10 or however. Bob Copeland: Eight more. Peterson: And then as you project and the new sign, where would you have that...similar to what's currently approved...? Bob Copeland: No. It would be, I don't know whether you can see these very well but it would be in these four locations. One, two,three, four along the side of the building. Joyce: Those are the posters we were talking about? Bob Copeland: Well they aren't posters. They would be titles of the movies playing. Peterson: So they're only seen from the parking lot. You really couldn't see them any farther away than that. Bob Copeland: Right. I mean we got shot down on a pylon so we're giving up on that. Peterson: Other questions of the applicant? Conrad: Do you agree with the staff recommendations? 11 Planning Commission Meeting-November 18, 1998 Bob Copeland: Well no because the staff recommendation is to deny it. Conrad: So basically your staff report says this is what I want to do. Or this is what they should do. Based on their proposal. Aanenson: Right. But we understand now with the change in mix that is coming forward with something else that, you know if you give a two year and the other project doesn't go forward, then what? Then we've got a sign up there that. Bob Copeland: Well if we have a two year time limit on it then we have to take this sign down and we would intend to, at that point, assuming that the addition to the cinema is not approved, at that point we would put up a new permanent sign that we would show you and get approval on. A much grander sign. Conrad: Is this what you're proposing? Bob Copeland: No. That got shot down so we're not going to bring that up again. Conrad: Okay, what are,that's it? Bob Copeland: Well that's what we're proposing today. Aanenson: Yeah,just individual channel letters. Peterson: In the interim period where do you see displaying the individual movies? Bob Copeland: We're not going to display the individual movies. The only reason we're going to display movies at all in the future is because the city wants that. That isn't done much anymore with 16 screens. But we've received so much feedback and we've had so much difficulty with the council and so on on that that we're saying okay. We'll put the titles on the building if you want them on the building. Peterson: I think that, not speaking on behalf of council but I hate to be put in the position of telling somebody to put a sign up so... Conrad: Bob,Mr. Chairman, why are you proposing such small letters in your signage? Bob Copeland: Because we were guided by Sharmin that larger letters would not be approved. Conrad: Is the background part of the sign however though? So Kate,maybe you can help me. Are the letters the max that we're allowing? So when it spells out cinema, is that the maximum space that they can take? Or is it the whole facade that it's built on that is the maximum? So they could fill up a bigger area. 12 Planning Commission Meeting - November 18, 1998 Aanenson: Giving a variance you can direct them in the way that you see fit. The intent was that that was the area for cinema because there was going to be a reader board with it so now it just reflects the area that says cinema without the reader board. Conrad: Well this is real boring. You can't do anything better than this? It's very,there's no character whatsoever so even two years, it's really bland. It doesn't say Chan,there's just no character there. It's very generic. Bob Copeland: If you would like it better if it said Chanhassen Cinema, we'll say Chanhassen Cinema. Conrad: Well no that's your, you know. Bob Copeland: Well but. Conrad: I don't want to be in the designing business. That's yours. You've got to bring people in and that's not my job. That's,this seems really,very passive and not very pretty and not very compelling so again, I'm not sure how my words mesh with staff and your needs but in my opinion it's certainly an understated way of drawing people in. And I'm not looking at ordinance. I'm not looking at sizes and stuff like that. It just is a pretty bland way to advertise probably an exciting theater. Bob Copeland: It's very bland. But that's what we've been guided to do. Conrad: Kate, tell me how I'm wrong in what I'm saying here. Are we, yeah tell me how I'm, react to what I just said if you would. Aanenson: I concur with what you're saying. The issue here is, if you're going to grant a sign and it stays up there for two years, is this what you want to see. That's where you're coming from. He wants to put a sign up there. We capped it saying that there was a variance given on it. We're concerned about adding,putting something up there that doesn't meet the criteria of the city. So if you're going to go in the direction to say well, we're going to give it for two years then I think you're right. I think you need to say it's got to a sign that you can live with for two years. Conrad: Yeah. Aanenson: The Council, as Chairman Peterson alluded to, had some different direction that they were going based on some EA issues. But that again may be moot based on this other proposal going through. So I think we have maybe two different pictures here. One if this is temporary for two years, we want to have a decent sign. Or say let's go back to what the original proposal was and ignore what may or may not happen. Brooks: Kate, I'm slightly confused here. The City Council already approved two types of signs for them to use? 13 Planning Commission Meeting- November 18, 1998 Aanenson: There was an original sign package that was approved. Bob Copeland: Well I wouldn't call it a sign package. There was, the only thing that we had... The City Council approved this. And it shows where a sign would go but it really doesn't show a sign. Brooks: Well it says the first is a plexiglass sign with changeable letters showing the title, time and the rating of the movies. Bob Copeland: So there was a description of it that went along with it. That's the only thing that's been approved. Aanenson: That's not true. Then this came back... Bob Copeland: We didn't submit that. We did not submit that. Brooks: So I'm lost. It sounds like the City Council approved a sign but they want another sign? Aanenson: They've chosen not to go forward with that. Brooks: With the City Council sign? Aanenson: Right. Brooks: And that's a plexiglass sign with changeable letters showing the title, time and rating of the movies. Aanenson: The sign right here, correct. Brooks: That was approved by the City Council. You don't want to do that? Bob Copeland: I don't know how it got approved by the City Council. We didn't request approval of that by the City Council. I'm told, I was shocked to read that in the report. I wasn't at that meeting. Blackowiak: Can I ask a question then? Okay,this Attracta. Now is this,you hired this firm to do this sign? Is that correct? Bob Copeland: They did that,those drawings that you see there. Blackowiak: Who's they,Attracta? Bob Copeland: Attracta. 14 Planning Commission Meeting - November 18, 1998 Blackowiak: Okay. Now according to the copies we have here,Attracta did all these options too. So you're saying they did something you didn't want them to do? Bob Copeland: Well I think I may be making this more confusing than it needs to be. And again, I apologize for taking your time with this. We tried to submit a sign that was not controversial and would just be approved at the staff level and we would have a sign in the interim until our, if we get approval, which we hope we'll get approval by the city. Until we can do our expansion and have a grand sign that we agree should be out there. Brooks: I just don't understand why you wouldn't use the sign that was approved by the City Council. Bob Copeland: We didn't submit that sign to the City Council for approval. Aanenson: The City Council has investment in this property. They made the decision based on what they wanted to see. They gave Mr. Copeland clear direction on what they wanted to see. Mr. Copeland has chosen not to do that. He's asking the staff to approve this sign. We are not going to be put in the position to approve a sign that does not meet the City Council approval. We say we'll take it back through the process. That's where we are. Bob Copeland: That's why we're here. Aanenson: That's why we're here. We're back either to approve the sign that the Council wanted or if you want to give the Council some other direction to say that because there's another process you may be willing to look at something on a temporary basis. That's really where we're at. Peterson: So with that are there other questions for the applicant? Let's move on here. Burton: I do. What hardship would there be to the cinema if we delayed a decision until your plans shook out and we knew where we were going? Bob Copeland: Well if you could tell me when it's going to shake out and we'll know where we're going,then we can answer that question. I have no idea how long this process takes. It took us about four years to get the original cinema approved and so on and so I don't know how long it's going to take. At the earliest it would be maybe late January. That's if things really went well and everything was approved,bing, bing,bing along the line. That's the earliest. What's the latest? I don't know. It's really not that difficult. We are reluctant to spend about $35,000.00 or$40,000.00 on a sign that may only be there for less than a year. So it makes sense to us we think to spend $3,000.00 and put up a sign that at least identifies the building and because again, our hope is that that's going to be there for less than a year. But we're saying okay, knowing how things go, double that time frame and permit it for that period of time. If we're not successful in that period of time,we'll gladly take it down and we'll put up a big, much more expensive sign. 15 Planning Commission Meeting - November 18, 1998 Peterson: With the comments you've heard here this evening, you know that we'd be amenable to a more attractive sign, glitz or glamour or whatever you want to call it. Whatever you characterize it. Would you even want to go back and have your sign company do a different sign for that two year period? Bob Copeland: Well I'd have to hear what it is that you want because we've had a lot of difficulty coming up with signs that anybody will approve. So if you want it bigger, we'll make the letters bigger. If you want it to say Chanhassen in addition to Cinema, we'll do that. Peterson: We'll go through that in the comments that each of the commissioners have. Are there more questions for the applicant? All right, thank you for your patience. Bob Copeland: Thank you. Peterson: This item is open for a public hearing. May I have a motion and a second please. Joyce moved,Burton seconded to open the public hearing. The public hearing was opened. Peterson: Anyone wishing to address the commission,please come forward. Seeing none, may I have a motion to close the public hearing. Burton moved,Conrad seconded to close the public hearing. The public hearing was closed. Peterson: Kevin, do you want to start this one out? You're welcome. Joyce: I think he should have a sign there. I don't, I think it should be more elaborate than just cinema. I just feel you need something more than that. I would suggest to the applicant that he at least put Chanhassen Cinema on it. That's my request there. I would suggest that we allow the signage for one year. Conditional use. Maybe with a renewability of an additional year but that'd be it. And leave it at that. I just, I feel this project has been so temporary for so long I can see staff's concern of having a quote,unquote,ugly sign or a very you know, quasi sign for there longer than needs to be there. My suggestion is to,Kate would a conditional use, would that be come up just any time limit, right? If we put the variance in, we put usage, it could be any time we want? Aanenson: I am concerned about, generally variances run with the property. I am concerned about giving the one year. How that works. Peterson: I think if you do it,you put a time frame on there and put an interim. Joyce: Well it's got to be. Peterson: I think that'd be more logical for staff and administratively. ...are they going to come back and. 16 Planning Commission Meeting-November 18, 1998 Joyce: If the applicant put Chanhassen Cinema on there, and at least that, I'd consider a two year time frame for that. That's where I'm going with this so I don't want to belabor it I guess. Peterson: Alison. Blackowiak: Well I believe that there is a bigger picture here. I mean there's a lot more going on than just a simple sign. We've got EDA funds that are involved and I think that the Council has a certain direction and a certain idea for this entire property and we may not be, we as a planning commission may not be privy to exactly what that vision is that I don't think we're getting the entire picture tonight. There are two options. There are two signs that have already been approved. I'm really skeptical about doing a variance on a variance, as Kevin said earlier. In the last item. I just don't feel that's necessary. I looked at the applicable regulations that talked about signs, albeit permanent ones,being designed and constructed in a uniform manner as a integral part of the building's architecture. I think we need to kind of consider that because there could be essentially a major change to this building's architecture. And to put forward any sign, even though it may be temporary, I think might be premature. This is going before Council on Monday. I think it would be a mistake for us to grant any type of a variance on a variance before council and the EDA has a chance to take a look at this and decide what's going to happen with the property as a whole. At that time I would really encourage the applicant to come back and, with a sign that they are comfortable with and would be willing to live with for lots of years because I don't want to do the temporary thing again and again. I think that's a real waste of time and money for everyone concerned so I would,at this point agree with the staff recommendation that we deny the sign plan. Let's wait to see what Council and EDA have to say about this project as a whole and then let's look at this sign and see how it fits in with the project as a whole. Peterson: Allyson. Brooks: Well I think the City Council already approved two types of signs and I don't see why we need to go and change that. I mean they have a vision. They saw what they wanted and I don't see any reason to back track. So that's all I have to say. Peterson: Ladd. Conrad: Yeah, I'd like to see what the city council's doing on Monday before we do anything. If there's some hope there then I think the temporary signage means we can flex to the applicant's needs. But I'd still like to see the applicant do a better job of signage, even on a temporary basis. So again, I'd like to table this or turn it down, one or the other. Whatever somebody wants to do and see what City Council is saying and then we'll know if there's a long term solution. If there's a long term solution,then we can flex on the interim type signage. Peterson: Correct me if I'm wrong. If we table it, it won't go to council, right? We have to make a decision. 17 Planning Commission Meeting - November 18, 1998 Aanenson: The EDA is meeting Thursday to discuss this and that's tomorrow so we'll have clarification. You could certainly table it and wait until you get clarification in December. The first meeting in December. Peterson: But if right now this would go to Council when? Aanenson: Oh,not until December 14`h. So either way there would be clear direction from the EDA and from you. But if you wanted to wait. Peterson: But the council made a decision last time independently really without a bunch of feedback from us. So I'd be hesitant to table something when they've already pretty much laid out a plan and have a vision that's somewhat different than ours. To that end, I was just commenting on your comment more than anything else. Matt. Burton: I would like to hear what the results of the EDA meetings are and I'd like to have the city council's input before we consider it so I would be inclined to deny it so we can, because that will cause that to happen. Peterson: I would agree to denying a motion and letting basically council determine the type of sign that they feel would be appropriate, as they have in the past. I would be, this is more notes to the record. I'd be comfortable with a temporary sign for up to two years again with it,you know being...so that it's not just a, it doesn't look like a cheap sign that's up there for a short period of time because two years isn't a short period of time. So with that I would offer that we deny it with some notes to the record. With that, may I have a motion? Blackowiak: Well, I'll recommend the Planning Commission deny sign plan reflecting channeled individual backlit letters and give the applicant the option of either permitting a plexiglas sign etc., etc. How it's written here. I don't know if we, there are no case numbers or anything so. Peterson: Is there a second? Brooks: Second. Peterson: Any discussion? I think the only discussion or what I would like to add would be that the council review the narrative of the discussion this evening to hear and/or interpret the feelings of the respective commissioners. Aanenson: I was just going to add that. That that'd probably be a good thing to carry forward. That you wanted to see some sort of signage. If they do decide to go forward, that we might want to put that as part of this continuing dialogue. If they are going to, if the EDA does look favorably upon the expansion, that you probably want to see some sort of temporary signage. Is that correct to push that? Okay. Peterson: So with that motion and second, discussion. 18 Planning Commission Meeting-November 18, 1998 Blackowiak moved, Brooks seconded that the Planning Commission recommend denial of the sign plan reflecting channeled individual backlit letters and give the applicant the option of either permitting a plexiglas sign with changeable letters showing the title, time and rating of the movies (attachment#2) or a sign that incorporates raised channeled letters for the name of the theater and shooting stars, neon times and dates (similar to Attachment#3). If the EDA does look favorably upon the expansion of the movie theaters, that the Planning Commission be shown some sort of temporary signage. All voted in favor and the motion carried. PUBLIC HEARING: CONTRACTOR PROPERTY DEVELOPERS COMPANY REQUEST FOR REZONING OF 16.4 ACRES FROM RR, RURAL RESIDENTIAL TO RSF, RESIDENTIAL SINGLE FAMILY; PRELIMINARY PLAT OF 16.4 ACRES INTO 17 SINGLE FAMILY LOTS WITH VARIANCES. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF LAKE LUCY ROAD, JUST NORTH OF LAKE LUCY ESTATES. Kate Aanenson and Dave Hempel presented the staff report on this item. Peterson: Questions of staff? Hearing none, would the applicant like to make a presentation? Greg Kopeshke: Mr. Chairman, members of the commission, my name is Greg Kopeshke with Westwood Professional Services. It's with a bit of humble pie in our faces that we're back before you tonight. In our zealous efforts the first time around to try to be as sensitive to this site as we possibly could, we had hoped that we had anticipated all of the issues that were going to come up and obviously we didn't quite a thoroughly as we had. Some of them were site related. Some of them were some of the conditions that came out of the original approval. We had gone out to the site for instance and looked at some of the sanitary sewer coming across on Morin's property to the east and had made some minor adjustments to the road alignment in that particular location in an attempt to save some trees. Looked at some of the building pads that we had to deal with as it relates to the final grading design. That constituted the need to do some additional adjustments. The setback variance that Kate Aanenson had mentioned, as well as some additional filling and tree removal. We did have a 2110th of an acre percent increase in tree removal. Most of the additional tree removal was...to eliminate some anticipated tree removal down in these areas. It may even be something less...come back before you tonight to ask for these variances on setbacks and the other adjustments that the staff has mentioned to you. If you have any questions, we're here to answer those questions. Peterson: Are you in concurrence with the staff's recommendations this evening? Greg Kopeshke: We agree. Peterson: Other questions of the applicant? This item is open for a public hearing. May I have a motion and a second please. 19 Planning Commission Meeting-November 18, 1998 Burton moved, Brooks seconded to open the public hearing. The public hearing was opened. Peterson: This is a public hearing. Anyone wishing to address the commission,please come forward. Seeing none, may I have a motion to close. Conrad moved, Joyce seconded to close the public hearing. The public hearing was closed. Peterson: Commissioners. Matt, comments. Burton: None. Peterson: Kevin. Joyce: No comments. Peterson: Alison. Blackowiak: Yeah, I'm okay if there are no neighbors or you know. If they're comfortable, I'm feeling a little more comfortable. Peterson: Allyson. Brooks: No comments. Peterson: Ladd. Conrad:... Peterson: I also concur. With that may I have a motion please. Joyce: I'll make a motion the Planning Commission approves rezoning of 16.4 acres of property zoned RR, Rural Residential to RSF, 95-1, preliminary plat 95-3, to subdivide 16.4 acres into 17 single family lots with variances, 20 foot front yard setback for Lots 5, 7, 8, 9 and 10, Block 2, Lot 3,Block 3, a 10 percent grade and 50 foot wide right-of-way and also the variance for the five homes accessing the private street, Lake Lucy Estates as shown on the plans dated October 16, 1998 with conditions 1 through 36, striking condition 13 and adding onto condition 17(c). Redesign storm pond on Lot 7, as seen on Attachment#2 presented to us today,November 18th. Conrad: Second. Peterson: Any discussion? 20 Planning Commission Meeting- November 18, 1998 Joyce moved, Conrad seconded that the Planning Commission recommends approval of rezoning of 16.4 acres of property zoned RR, Rural Residential to RSF, Residential Single Family (95-1 REZ); Preliminary Plat(95-3 SUB) to subdivide 16.4 acres into 17 single family lots, with variances (a 20 foot front yard setback for Lots 5, 7, 8, 9 and 10, Block 2 and Lot 3, Block 3, a 10 percent street grade and a 50 foot wide right-of-way and five homes accessing via a private street, Lake Lucy Estates, as shown on plans dated October 16, 1998,with the following conditions: 1. Type III erosion control fence shall be used adjacent to the wetlands and Type I erosion control fence shall be used adjacent to the grading limits. 2. 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. 3. All utility and street improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed street and utility plans and specifications shall be submitted for staff review and City Council approval three weeks prior to final plat consideration. 4. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The developer shall install wetland buffer edge signs before the City accepts the utilities and will charge the applicant $20 per sign. 5. The applicant shall provide detailed storm sewer calculations for 10 year and 100 year storm events and provide ponding calculations for stormwater ponds in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve prior to final plat approval. The applicant shall provide detailed pre-developed and post- developed stormwater calculations for 100 year storm events and normal water level and high water level calculations between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. In addition, water quality ponding design calculations shall be based on Walker's Pondnet model. 6. The applicant shall enter into a development contract with the City and provide the necessary financial security to guarantee compliance with the terms of the development contract. 7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County, Watershed District, Metropolitan Waste Control Commission, Health Department, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. 8. The appropriate drainage and utility easements should be dedicated on the final plat for all utilities and ponding areas lying outside the right-of-way. The easement width shall be a 21 Planning Commission Meeting - November 18, 1998 minimum of 20 feet wide. Consideration shall also be given for access for maintenance of the ponding areas. A 50 foot wide drainage and utility easement will be required over the utilities located within Lakeway Court. 9. No berming, retaining walls or landscaping will be allowed within the right-of-way. 10. The lowest floor elevations of all buildings adjacent to the wetlands or storm water ponds shall be a minimum of two feet above the 100 year high water level. 11. A stormwater quality pond shall be provided on site to pretreat runoff prior to discharging into the wetlands. The stormwater pond must have side slopes of 10:1 for the first ten feet at the normal water level and no more than 3:1 thereafter or 4:1 throughout for safety purposes. The stormwater pond shall be designed and constructed with a 75%phosphorus removal efficiency. A landscaped plan providing upland and wetland plants to naturally blend the pond into the surroundings is recommended. 12. Existing wells and/or septic systems on site will have to be properly abandoned in accordance with City and Minnesota Department of Health codes/regulations. The existing home(Tichy) on Lot 4, Block 3 shall be connected to the City's sanitary sewer system within 30 days after the system becomes operational. Connection to city water is not required unless the well on Lot 4, Block 3 fails. 13. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall relocate or abandon the drain tile as directed by the City Engineer. The construction plans shall include a drain tile system in street behind the curbs and gutters on those lots which are not adjacent to a wetland or storm pond. 14. All lots shall take direct access to the interior street system and not Lake Lucy Road. Lot 4, Block 3 may relocate their driveway from Lake Lucy Road to Lakeway Drive. If the driveway is relocated to Lakeway Drive, the street address for this lot shall be changed accordingly. 15. Lots 1 through 3, Block 1, Lots 1 and 2,Block 2, and Lots 1 through 3,Block 3 shall be custom graded at time of building permit issuance. A detailed grading(with two-foot contours), drainage, tree removal and erosion control plan shall be submitted with the building permit application for review and approval by the City Engineer prior to issuance of a building permit for the lot. 16. The grading and drainage and construction plans shall be revised incorporating the following changes that conform better with the existing grades and minimize grading and tree loss: a) Tree protection fencing. b) Raise lowest floor elevation on the following lots: 22 Planning Commission Meeting-November 18, 1998 Lot 4, Block 2: 964:0 Lot 5, Block 2: 963.0 Lot 6,Block 2: 964.0 Lot 7,Block 2: 966.0 c) Redesign stormwater pond on Lot 7, Block 2 as shown on Attachment#2. d) Raise garage elevations on Lot 7, Block 2 to 976.0 and on Lot 10, Block 2 to 978. e) End construction limits on Lakeway Lane 15 feet from west property line and raise street grade on Lakeway Lane to 3.00%. f) Incorporate revised turnaround on Lakeway Court. g) Label height of retaining walls. h) Provide drain tile behind the curb for those lots not adjacent to wetlands or stormwater pond. i) Consider reducing fill limits on Lots 4 and 5, Block 2 to 20 feet from front property line. j) Add outlet control structure to pond. k) Provide sanitary sewer and water service to parcel to the west(Randall)per staff. 1) Type III erosion control fence shall be used adjacent to all wetlands. Add rock construction entrance and sediment protection for all storm sewer inlets. m) Reduce street widths on Lakeway Drive and Lane to 31 feet back to back of curb. 17. Preliminary and final plat approval shall be contingent upon sanitary sewer service being extended to the plat from the Coey property(Pointe Lake Lucy)to this site and the applicant obtaining a drainage and utility easement from the Morins. 18. All private street shall be designed and constructed in accordance to City Ordinance No. 209 and a turnaround acceptable to the City's Fire Marshal. A private maintenance agreement and access easement shall be provided for all parcels served by a private street(s) (including the Morin parcel). 19. The developer shall extend utilities to the parcel to the west through a location determined by the City. Temporary barricades shall be placed at the end of Lakeway Lane. A sign shall be placed on the barricades indicating"this street shall be extended in the future". A 23 Planning Commission Meeting- November 18, 1998 condition will also be placed in the development contract to inform all property owners in Lake Lucy Estates of this street extension. 20. A variance to the City's private street ordinance to allow up to 5 homes to access Lakeway Court, 10%street grade on Lakeway Drive and 50 foot right-of-way throughout except for the cul-de-sac is recommended. 21. The applicant or their assignee shall submit a haul route and traffic control plan to the City Engineer for review and approval prior to site grading commencing. 22. Individual sewer and water services to the lots shall be field verified to determine the path of least impact to the streets. 23. The applicant shall be entitled to a refund(up to 90%depending on construction costs) of a portion of future sewer connection charges collected from Morin's parcel when building permits are issued. 24. The proposed single family residential development of 11.48 net developable acres is responsible for a water quality connection charge of$9,184 and a water quantity fee of $22,730. The water quality fee will e waived upon the applicant meeting MRUP design for on site runoff. These fees are payable to the City prior to the City filing the final plat. 25. The applicant shall plant 72 trees as replacement/reforestation plantings. The number of replacement trees could increase based upon the level of grading on the site. Trees shall be selected from the city's Approved Tree List and meet minimum size requirements. A landscape plan shall be submitted to the city for approval. Included in the plan shall be location, species and size of replacements. 26. Tree removal limits shall be established 20 feet from the building pad for all custom graded lots, once the type of home is designated. Tree protection fencing must be installed at the limits and maintained throughout construction. 27. No berming or landscaping will be allowed within the right-of-way. The applicant shall work with the City in developing a landscaping replacement plan on the site and along Lake Lucy Road right-of-way. The vegetated areas which will not be affected by the development will be protected by a conservation easement. The conservation easement shall permit removal of dead or diseased vegetation. All healthy trees over 6"caliper at 4' height shall not be permitted to be removed. 28. A snow fence shall be placed along the edge of tree preservation easements prior to grading. 29. Building Department conditions: a. Obtain demolition permits. This should be done prior to any grading on the property. 24 Planning Commission Meeting - November 18, 1998 b. Obtain building permits from the Inspections Division for retaining walls over 48"high. Revise Grading and Drainage Plan to indicate lowest floor level elevation,top of foundation elevation and garage floor elevation. This should be done prior to final plat approval. 30. Fire Marshal conditions: a. At the east end of Lake Way Court provide an approved turnaround for fire apparatus. Pursuant to 1991 Uniform Fire Code, Section 10.204(D). b. Relocate the existing hydrant that is located on Block 8 on the south side of Lake Way Court to the north side of Lake Way Court on Block 2. c. With reference to Block 2,Lot 6, if structure is not visible from the street, additional address numbers will be required at driveway entrance. Pursuant to Chanhassen Fire Permit Policy Premise Identification No. 29-1992. 31. Full park and trail fees shall be collected per city ordinance in lieu of land acquisition and/or trail construction. 32. The buffer on Lot 5, Block 2 shall be adjusted so that there is a smoother transition along the Lot 5 property line. 33. Lots 4 and 5, Block 2 are encouraged to share a dock to minimize impact on the wetlands. 34. Cross-access and maintenance agreements will need to be prepared for use of the private driveway including the Morin's parcel. 35. A cross access easement agreement prepared for the use of the private driveway including the Randall parcel. All voted in favor and the motion carried. PUBLIC HEARING: CONSIDER AN AMENDMENT TO THE CITY CODE TO SECTION 20-913(C)1 LIGHTING TO REGULATE THE HEIGHT, SPACING AND TYPE OF LIGHT FIXTURES. Cynthia Kirchoff presented the staff report on this item. Peterson: So you'd come back if necessary. 25 Planning Commission Meeting-November 18, 1998 Aanenson: We'll come back with an ordinance, yeah. But I mean if you want changes that you want to make. Otherwise we'd just leave it. Peterson: Questions of staff? Comments? Blackowiak: I have a couple questions Mr. Chairman. First you have two possible number ones. Overall 30 feet. Or the staggered 20, 25, 30. Does staff have a preference as to which of those you'd like to see in an ordinance? Kirchoff: Not necessarily a preference but maybe a further explanation of either choice. The 30 would not place may be excessive restrictions on the type of developments. Residential. If 20 foot high fixtures are necessary, then they may have to get a variance or some format like that. Having the second option, like I said would be allowing the lights to be more in proportion with development rather than having 30 foot lights and you know 12 foot or 15 foot buildings. So it'd be more proportionate with what is, what the buildings are. Blackowiak: And then I have a comment on number 4. It talks about exemption from requirements. Unless work is proposed in any one year period so as to replace 50%or more of the existing outdoor light fixtures or to increase to the extent of 50%or more the number of outdoor light fixtures. And at that point I would suggest maybe adding something, not only dealing with the number of fixtures but also the quantity of light. Because you could have corner fixtures on the street and somebody comes with two massive ones that kind of blow everything else away. So even though they're not exceeding the number, that 50%number, the light thrown off would well exceed so I would suggest maybe something about also the quantity of light. Maybe it's measured in foot candles or something. I don't know what it might be but just kind of get both sides of the issue there. And that's it for me. Peterson: We've talked about lumens before and that's,you can easily integrate that in per square feet and/or spread. How do we deal with ballfields? Or do we deal with ballfields? Kirchoff: That's a good question. I think any ordinance amendment should be reviewed by the Park and Rec Commission because like I said in the report, the lights in Lake Ann Park are 65 feet and you can certainly see them from a great distance when they're on so. Park lights should be probably under a different category. Peterson: ...any complaints, I suspect a majority of our complaints are park lights... Aanenson: Well I think the two caveats that we're trying to get is that shielding a light so it's down cast and the spill off and I think that's something when you look at the ballfield lights, that's their intent to have a lot of spill. So that's Cindy's objective to take it to the park commission and get their input. Even for the hockey rinks... The tennis courts. The lights from that. So if we have an exemption that say the recreation, it's not intended for that because generally those are on timers for the most part. They're out by 10:00. So maybe we could come up with an exemption for that sort of thing. We also make sure that we're not infringing and see how they work together. 26 Planning Commission Meeting -November 18, 1998 Peterson: There was some issue when we were building,or after we built it,those lights and I know we were trying, were we successful in changing those to meet the needs of the rest of the neighbors or not? Aanenson: We haven't changed anything on that. I think a lot of that again is the spillover. What we believe is some of that will be eliminated with the placement of the buildings...some of that. But that's an example where we need to make sure that it's down cast and it's not a spill up. But again we think once the buildings get in place, that will reduce that but that's again part of what triggered this whole process. To make sure that we're consistent city wide. That we're not over duplicating where we've got street lights and parking lot lights. Are those parking lot lights left on all night and are they duplicating what the street's doing and try to look at some of that together a little bit more. Peterson: Questions of staff? Burton: I have a couple quick questions. In the ordinance it uses the word glare and then I noticed also in the article it defines glare and light trespass and if I hadn't read the article I would have thought would meant both. Would encompass both the light trespassing and the glare as they define it in the article. I'm just wondering,do we define glare in our ordinances? Kirchoff: No,we don't have it defined in the ordinance. Maybe that would be a good thing to define. Sticking in the definitions for that. Burton: Yeah I was thinking that perhaps or introducing the term light trespassing. Just saying the lighting should minimize light trespass. It might take care of the concerns when you carve out certain items. Peterson: How do you deal with situations where there are obviously hundreds of options for lights and more times than not the applicant doesn't know how this light's going to react. Nor does necessarily the manufacturer has the ability to articulate how a light's going to shine. Aanenson: They are required to submit a lighting plan that shows the foot candles on the plan. That came up like for example on the Sinclair gas station when they came in for a canopy we were concerned about the glare on that. Kirchoff: Attachment#8 I did put an example of a lighting plan that they're required to submit. It shows the foot candle levels of the lights and then the location of the lights on the property. Peterson: But my point is is that that won't, the plan won't address every option and let's say that they, like what happened with Villages in the Pond. If after the buildings,those lights are still invasive, I mean do we within the ordinance have the ability to request them to change it? Aanenson: Well I think part of what we learned with that is that we are duplicating. We've got street lighting that is duplicating parking lot lighting and I think that's where some of what we, 27 Planning Commission Meeting-November 18, 1998 where we were amiss and not looking at that overall. Looking at the street lighting plan because when we do street lighting we do not require candles to see where that's spillage is. And then we require the applicant to come in and there may be duplication right there and I think that was part of the problem that happened up there because the buildings aren't in place. It seems very bright. So that's one of the things that Cindy was trying to figure out a way to resolve that...especially in the downtown area like on West 78th where you've got median lighting. You've got parking lighting for Market Square, Villages. There is duplication. Conrad: Chair, in going back to park lights. They are the most offensive. And specifically to say it's in my neighborhood but North Lotus Lake. It's offensive from six blocks away. If you're out on the lake it will blind you. I think that's an accurate statement. Six blocks away. Six blocks away from the park on the lake so what I'd like to do is not have Park and Rec tell us they want it okay. I want them to tell me how they can manage through direction, through whatever because,and this is sort of, I've been waiting for this one for a while. I can't believe we can't direct light. I can't believe,to send out Todd to,right now I'm not sure what's happening but it's real bad so anyway. That's sort of a personal deal but in terms of the direction for the city I think I'd sure like to see some standards set for park lights and then a review of such. Joyce: I've got to piggy back on what Ladd was saying. In my neighborhood the lights over at Bluff Creek, it's light an alien ship has landed. You look out the back and it's, it's ugly. I mean it's, you think you're in a steel mill or something like that and I think one of the problems with any community is certainly light pollution. I think one of the problems we have here is that usually it's just an engineering problem where someone says listen,we're going to buy these lights and do it and that's how it's going to be and nobody pays attention to it so I think it's as important just for us to be aware that we have ordinances here and to try to affect them. I think that something like light trespass is a true thing. I really do and you know we've got a quality of light and there's all sorts of quality of life. It'd be nice at nighttime not to think that you're out in the metrodome or something. I don't know if it's a timing issue. Peterson: Well the other issue is that the Park and Rec lights don't come before us... Aanenson: And street lights. Peterson: Other feedback? This item is open for a public hearing. May I have a motion please. Blackowiak moved, Brooks seconded to open the public hearing. The public hearing was opened. Peterson: Seeing that there is no one in the crowd,may I have a motion to close the public hearing. Blackowiak moved, Brooks seconded to close the public hearing. The public hearing was closed. 28 Planning Commission Meeting -November 18, 1998 Peterson: Comments. Ladd, do you want to finish off yours? Conrad: It's a good review. I like that. Terrific so nothing to, what staff presented is fine. I'd just like to add to it and take their advice and certainly take a look at our control on recreational fields and the lighting. Peterson: Allyson. Brooks: No real comments except I agree with Ladd and Kevin that the recreational lighting is a concern. Blackowiak: Nothing to add. Joyce: Yeah, I apologize. I didn't know it was a public hearing so I do have a question. Now does this go into the paper and then we, when the ordinance comes back to us there's a notification in the paper that the ordinance is being. Aanenson: We wanted to get some more of your input before we did that, yes. Joyce: So if we come up with any other input we can direct it at the ordinance. Then let's move forward. Nothing else. Burton: My only comment is I'd like to see perhaps including some discussion of light trespass in the ordinance and minimizing that. Otherwise no other comments. Peterson: Mine certainly concur with my fellow commissioners. And again I'd like to go on record by getting on my soapbox and saying that all too often we within the city has a tendency to do whatever they want without going through what we ask our citizens to do and as a commission, and I think we need to find some way to have every item that we would normally ask a citizen and/or developer to go through, that the city certainly follow the same procedure. Hopefully the council members will read and respond to that. With that may I have a motion please. Conrad: Do we need a motion Mr. Chairman? Aanenson: Just direct the staff to prepare an ordinance. That'd be fine. Burton: I'll move that the Planning Commission direct staff to prepare an ordinance relating to lighting. Blackowiak: Second. Peterson: Discussion. 29 Planning Commission Meeting -November 18, 1998 Burton moved, Blackowiak seconded that the Planning Commission direct staff to prepare an ordinance relating to lighting. All voted in favor and the motion carried. NEW BUSINESS: Aanenson: I'll tell you what the meeting on December 2"d, we'll be reviewing the rezoning procedure and that is the rezonings that we need to do to insure that we're consistent with the new land use map and... We're going to review the PUD ordinance. We have a sign package ...and then we'll talk about enforcement of conditional uses. The process that we go through that. Lighting. That we may put that back on too. I was just going to say we've also been, we will have quite a bit of new business coming into January. We kind of hit that lull and now we're building up now for the first of the year people that are, have just one meeting in December and then in January we'll be off probably with development again. Looking at... APPROVAL OF MINUTES: None. ONGOING ITEMS: Aanenson: Comp plan was approved. We're making the final changes. That should be up to the Met Council hopefully if not Friday, Monday. A 60 day comment period and then, it's the capital improvement plan. Some reorganization and prioritization. And then the Bluff Creek will be back on the, for a work session on November 30th with City Council so we're still hoping to get that overlay district adopted by the end of this year. They gave the first reading...second reading and that approved by the end of this with this council. Peterson: Any other items anybody? Motion to adjourn. Conrad moved, Peterson seconded to adjourn the meeting. The meeting was adjourned at 8:23 p.m. Submitted by Kate Aanenson Planning Director Prepared by Nann Opheim 30