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02-01-89 Agenda and Packet AGENDA CHANHASSEN PLANNING COMMISSION WEDNESDAY, FEBRUARY 1, 1989, 7: 30 P.M. CHANHASSEN CITY HALL, 690 COULTER DRIVE CALL TO ORDER PUBLIC HEARINGS 1 . Wetland Alteration Permit for the filling in and sodding of a wetland on property zoned RSF and located at 100 and 80 Sandy Hook Road, Bob Pfankuch and Steve Frost, applicants. * Note: Item to be tabled to February 15, 1989* 2 . Conditional Use Permit Extension Request for a contractor' s yard on property zoned BF and located on the north side of TH 212 and the east side of TH 101, Patrick Blood and Nancy Lee, Admiral Waste Management. 3 . Preliminary Plat to replat Lots 1, 2 , 3 and 4 , Block 2 , Park One Third Addition into one lot on property zoned IOP, and located north of West 77th Street and east of Quattro Drive, Ver-Sa-Til Associates , D. J. Bogema, applicant. APPROVAL OF MINUTES NEW BUSINESS OLD BUSINESS OPEN DISCUSSION 4 . Contractors Yards . 5 . Highway 101 Medians . ADJOURNMENT 1 P.C. DATE: 2-1-89 —� C I TY 0 F C.C. DATE: \\�I 1-11111-1A2OZN CASE N0: 87-18 CUP Y Prepared by: Hanson :k STAFF REPORT PROPOSAL: Extend a conditional use permit for a contractors yard. Z - a V LOCATION: North and adjacent to Highway 212 and east and adjacent to Highway 101 . Address : 10500 Great Plains Blvd. CL. APPLICANT: Admiral Waste Management, Inc. Attn: Patrick Blood and Nancy Lee 8275 Tamarack Trail Eden Prairie, MN 55344 PRESENT ZONING: BF, Fringe Business District ACREAGE: 13 . 27 acres DENSITY: N/A ADJACENT ZONING AND LAND USE: N- A-2 ; large lot single family residential S- A-2; Minnesota River Valley E- BF; vacant commercial ( cold storage warehousing) W- BF; existing motel units W WATER AND SEWER: Municipal water and sewer lines are not I— available to the site. PHYSICAL CHARAC. : The site contains steep slopes adjacent to railroad tracks to the north and contains a Class A wetland . 2000 LAND USE PLAN: Area is designated agricultural . Admiral Waste CUP February 1 , 1989 Page 2 APPLICABLE REGULATIONS Section 20-236, Expiration for Conditional Uses , allows for the extension of the permit. The City Council has the authority to extend the permit for an additional period of time as it deems appropriate after receiving a recommendation from the Planning Commission. — Section 20-424, Expiration and Renewal for Wetland Alteration Permits , provides for the extension of permits. The City Council — may extend the period to commence work. This extension is to be granted by the City Council and there are no provisions requiring a Planning Commission recommendation on this matter. ANALYSIS The applicants have submitted a letter requesting a one year -- extension on the conditional use permit for a contractors yard located at the northeast corner of TH 212 and TH 101. This per- mit was issued last February, 1988. The applicants had delayed — construction of the improvements due to anticipated changes in their operation specifically for recycling. In their letter , the applicants have noted that due to the changes in their plans for dealing with recycling that their original plans for the property — will need some revision. Based on this, staff would expect that the applicant will in the near future be coming back to file an amendment to the conditional use permit that they presently have on the property. If the present conditional use permit is extended, they will need _ to revise that conditional use permit and go through the full conditional use permit procedure to accomplish this amendment. If on the other hand the conditional use permit is not extended, the applicants would be required to submit a complete new application for a conditional use permit to accomplish any changes they anticipate for the site. Attached for Planning Commission consideration is the staff report written for this request at the time the permit was issued. At that time, staff recommended approval of the con- ditional use permit with 26 conditions . Subsequently the — Planning Commission recommended approval of the conditional use permit with the addition of another condition and modification of three other conditions . The conditional use permit was then — approved by the City Council on February 8 , 1988 with 28 con- ditions . Also at that time the wetland alteration plan was approved. Also attached for the Planning Commission ' s consideration are copies of the minutes from the City Council meeting when this item was previously approved; the conditional use permit itself — Admiral Waste CUP February 1, 1989 Page 3 as recorded with Carver County; a letter dated February 11, 1988 to Admiral Waste Management from Barb Dacy specifying the con- ditions of the approval as well as requesting a revised site plan to be submitted. At this time the revised site plan has not been submitted to staff. The conditional use provisions do not provide any criteria for making a recommendation relative to extending the conditional use permit. The regulations simply state that if substantial construction has not taken place within one year from the date on which the conditional use permit was granted, the permit is void, unless an extension is granted by the City Council after a recom- mendation is received from the Planning Commission. If the Planning Commission feels this particular application is appropriate for the site, they should extend the permit for a specified period of time. If, however, the Planning Commission is reluctant to continue this particular use as previously per- - mitted, they should not grant the extension. In either case, it would be appropriate to use the general issuance standards cited in Section 20-232 for conditional use permits for making findings on whether to extend or not extend the permit. This section of the code states as follows: "The Planning Commission shall recommend the conditional use permit and the City Council shall issue such conditional use permits only if it finds that such use at the proposed loca- tion: 1 . Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. 2 . Will be consistent with the objectives of the City' s Comprehensive Plan and this chapter. 3 . Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area. 4 . Will not be hazardous or disturbing to existing or planned neighboring uses. 5 . Will be served adequately by essential public facilities and services including streets , police and fire protec- tion, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the pro- posed use. Admiral Waste CUP February 1 , 1989 Page 4 6 . Will not create excessive requirements for public facili- ties and services and will not be detrimental to the eco- nomic welfare of the community. — 7 . Will not involve uses; activities processes; materials, equipment and conditions of operation that will be detri- mental to any person' s property or general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. 8 . Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares . — 9 . Will not result in the destruction, loss or damage of solar access , natural, scenic or historic features of major significance. 10 . Will be aesthetically compatible with the area. 11 . Will not depreciate surrounding property values . 12 . Will meet standards prescribed for certain uses as pro- vided in this article. ATTACHMENTS 1 . Letter from Patrick Blood dated January 13 , 1989. 2 . City Code definition for Contractors Yard. 3 . City Code, Section 20-236 , Expiration. — 4 . City Code, Section 20-424 , Expiration Renewal, etc. 5 . Letter dated February 11 , 1988 to Admiral Waste Management from Barb Dacy. _ 6 . Conditional Use Permit as Recorded in Carver County. 7 . City Council minutes dated February 8, 1988 . 8 . Staff Report and all attachments from City Council meeting of February 8, 1988 . 9 . Letter from John Foster dated January 24, 1989. ` #‘ ••••= • ADMIRAL WASTE MANAGEMENT, INC. ',4 8925 13th Ave. East Shakopee~ MN. 55379 — 496-3053 AO liJanuary 13, 1989 Ae -1.. ,s: Stephen Hanson iti-' ' Planning Director • i ' City of Chanhassen • 690 Coulter Drive '� P.O. Boz 147 Chanhassen; MN 55317 ' ^ �~ Dear Stephen Hanson, • °m We would like to file for a one year extension on our Conditional Use Permit , for a contractors yard , located at tne NE corner of Hwys. 212 and 101 ' ( 15100 Great Plains Blvd' ) This .... permit was issued to Patrick Blood and Nancy Lee in February 1992. We had postponed construction on this site due to upcoming am changes in our needs . Specifically the need for recycling ' As 1 `m sure you are aware, there are some major changes coming _~ forth in the disposal of trash . Oneof these being tne needs for recycling . We ere a local trash hauling comoa.'y, .:nu u 2 are very much involved in this issue' After months of meetings with the diff4=rent cities wo service. it has been concluded. ..- that we will be picking up the recycling materials from our customers, as well as their trpsh ' Due to !This change, our original plans will need some revision' Imo ' Sincerely, ' *~ - _ _ Patrick Blood . �� i v 6:4:fi JAN 3 ��A� 1 "�w� - +t......: — §20-1 CHANHASSEN CITY CODE — i3 (. Church means a building or edifice consecrated to religious worship, where people join — together in some form of public worship under the aegis and direction of a person who is ‘.14.77.24:-:". ` authorized under the laws of the State of Minnesota to solemnize marriages. A church may"' include living quarters for persons employed on the premises and classroom facilities. The • following are not considered as churches: Campmeetinggrounds, ;1'4..?;'g,'• gr nds, mikvahs, coffee houses, • ~ recreational complexes, retreat houses, sleeping quarters for retreatants during spiritual retreats extending for periods of more than one (1) day. Bible camps with live-in quarters, publishing establishments, ritual slaughter houses, radio or television towers and transmis- sion facilities,theological seminaries,day care centers,hospitals,and drug treatment centers are not churches. = Class A wetlands means wetland types 3,4,5,6,7 and 8.In the case of wetlands adjoining a public waters designated as lake or pond this class shall also include type 2 wetlands.Type 2 wetlands shall also be deemed a class A wetland when adjoining a stream designated as public waters to the extent that it encroaches upon the one-hundred-year floodplain of the stream. Class B wetlands means type 2 wetlands not adjoining a public waters designated as lake or pond nor within the one-hundred-year floodplain of a stream designed as public waters. Clear-cutting means the removal of an entire stand of trees. — Collector street means a street that carries traffic from minor streets to arterial streets. Conference/convention center means a preplanned, centrally managed development con- _ taining facilities for business or professional conferences and seminars and containing ac- commodations for overnight lodging,eating and recreation.The development is characterized by architecturally integrated buildings, common use of parking areas, and incorporation of passes recreational amenities into overall site design. Conforming building or structure means any building or structure which complies with all the regulations of this chapter, or any amendment thereto. — Contractor's yard means any area or use of land where vehicles, equipment, and/or construction materials and supplies commonly used by building, excavation, roadway con- — struction, landscaping and similar contractors are stored or serviced. A contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. Cul-de-sac means a minor street with only one (1) outlet and having an appropriate turn-around for the safe and convenient reversal of traffic movement. Day care center means any facility or home where tuition, fees or other forms of compen- sation is charged for the care of children and which is licensed by the state as a day care center. Density, gross means the quotient of the total number of dwelling units divided by the gross site area. Density, net means the quotient of the total number of dwelling units divided by the developable acreage of the site. Developable acreage excludes wetlands, lakes,roadways, and other areas not suitable for building purposes. 1144 § 20-236 CHANHASSEN CITY CODE Sec. 20-236. Expiration. /1C.. If substantial construction has not taken place within one (1)year of the date on which the conditional use permit was granted, the permit is void except that, on application, the council, after receiving recommendation from the planning commission, may extend the permit for such additional period as it deems appropriate. If the conditional use is discon- - tinued for six (6) months, the conditional use permit shall become void. This section shall apply to conditional use permits issued prior to February 19, 1987 but the six-month period shall not be deemed to commence until February 19, 1987. (Ord. No. 80,Art. HI, § 2(3-2-8), 12-15-86) Sec. 20-237. Revocation and not for a particular person. Failure to comply with any condition set forth in a conditional use permit, or any other violation of this chapter, shall be a misdemeanor and shall also constitute sufficient cause for the termination of the conditional use permit by the city council following a public hearing. (Ord. No. 80, Art. HI, § 2(3-2-7), 12-15-86) Secs. 20-238-20-250. Reserved. DIVISION 3. STANDARDS FOR AGRICULTURAL AND RESIDENTIAL DISTRICTS Sec. 20-251. Scope. In addition to all other standards required by section 20-232, the standards in this division shall apply to conditional uses if they are to be located in agricultural or residential districts. (Ord. No. 80, Art. V, § 9(5-9-1), 12-15-86) • Sec. 20-252. Bed and breakfast establishments. The following applies to bed and breakfast establishments: (1) Two(2)off-street parking spaces plus one(1)additional space per rental room must be provided. (2) There shall be no more than one(1)employee in addition to the residents. (3) Establishment must be owner occupied. (4) There shall be five(5)or less rooms for rent. (5) The rooms shall not be rented for more that seven (7) consecutive days to the same person. (Ord. No. 80, Art. V, § 9(5-9-1(1)), 12-15-86) Sec. 20-253. Group homes. — The following applies to group homes for seven(7) to sixteen (16)persons. (1) The structure must be in compliance with the state licensing requirement. 1172 § 20-422 CHANHASSEN CITY CODE — the council.The council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this article. Such conditions may, among other matters, limit the size, kind or character of the proposed work, require the construction of other structures, require replacement of vegetation, establish required moni- toring procedures and maintenance activity, stage the work over time, require the alteration of the site design to ensure buffering, require the provision of a performance security. The granting of a wetland alteration permit does not abrogate the need to obtain permits required — by other local, state or federal agencies. (Ord. No. 80, Art. V, § 24(5-24-9), 12-15-86) Sec. 20-423. Inspection of work. The city engineer may cause inspection of work for which a wetland alteration permit is issued to be made periodically during the course of such work and shall cause final inspection to be made following the completion of the work. (Ord. No. 80,Art. V, § 24(5-24-11), 12-15-86) Sec. 20-424. Expiration,renewal,etc. (a) Unless otherwise specified by the city council, the person issued a wetland alteration permit shall begin and complete the development authorized by the permit within one(1)year after the date the council approves the permit application. (b) The permittee shall provide written notice to the city engineer twenty-four(24)hours (— prior to the commencement and completion of the development project. No project shall be deemed to have been completed until approved by the city engineer after receipt of notice of — completion. (c) If the permittee fails to commence work on the development within the time specified in this section, the permit shall be void.The council may renew a void permit at its discretion. If the council does not renew the permit, the holder of the void permit may make original application for a new permit. (d) The permittee may make written application to the council for an extension of the time to commence work, but only if the permittee submits the application prior to the date already established to commence work. The application for an extension shall state the reasons the permittee requires an extension. (Ord. No. 80, Art. V, § 24(5-24-10), 12-15-86) Secs. 20-425-20435. Reserved. Part B. Issuance Guidelines — Sec. 20-436. Generally. No wetland alteration permit shall be issued unless the council determines that the proposed development complies with the provisions of this part, as well as the intent and 1192 CITY QF C HANEASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 February 11, 1988 Admiral Waste Management, Inc. Attn: Mr. Patrick Blood Ms . Nancy Lee 8275 Tamarac Trail Eden Prairie, MN 55344 Dear Mr. Blood and Ms . Lee: This is to confirm that the City Council at the February 8 , 1988 meeting approved the conditional use permit for a contractor' s yard based on the site plan stamped "Received January 21, 1988" and subject to the following conditions: 1 . Hours of operation shall be from 7:00 a.m. to 6 :00 p.m. , Monday through Saturday only (work on Sundays and holidays not permitted) . 2 . There shall be no outside speaker systems. 3 . Any light sources shall be shielded from adjacent public road right-of-ways. 4 . A holding tank shall be installed to receive the waste water from the garage area. The holding tank shall be pumped as necessary and the applicant shall be required to keep a current copy of their pumper contract on file with the City. 5 . The applicant shall daily clean on and off-site dirt and debris from streets and the surrounding area that has resulted from construction work by the applicant, its agents or assigns. 6 . The building must have a heat and smoke detector system with a central dispatch. 7 . Lighted exit signs must be installed at all exits. 8 . A plan for storage of flammable and/or combustible material must be submitted to the Public Safety Office for approval. Mr . Patrick and Ms . Nancy Lee — February 11, 1988 Page 2 9 . Emergency lighting must be installed. 10. The driveway and parking lot shall nave B6-18 concrete — curb and gutter. 11 . The applicant shall submit a landscaping plan indicating — installation of 20 six foot evergreen trees between the vehicular use areas and the public right-of-ways. 12. All septic system sites shall be staked and roped off prior to the commencement of any construction. Any traffic over these sites will require reevaluation of the sites . 13. The applicant shall obtain an access permit from the Minnesota Department of Transportation and shall comply with all conditions of the permit. 14. The approach onto Trunk Highway 101 shall be a maximum of 0 .5% grade for a minimum distance of 50 feet. 15 . Catch basins shall be provided at the low point of the drive- way along with proper spillways in the parking lot. A revised plan shall be submitted for approval by the City Engineer. — 16 . Calculations verifying the preservation of the predeveloped runoff rate for the site and ponding calculations for a _ 100-year frequency storm event shall oe provided to the City Engineer for approval. 17 . Check dams (Type II Erosion Control) shall be placed at — 100-foot intervals along all drainage swales . 18 . Existing structures shall be disposed of properly. If debris — is to be burned, the applicant shall obtain a burning permit from the Department of Public Safety and the Pollution Control Agency. On-site burial of debris is prohibited. 19 . Additional erosion control shall be placed along the north side of the site. A revised plan shall be submitted for approval by the City Engineer. — 20 . All erosion control measures shall be in place prior to the initiation of any grading and once in place shall remain in _ place throughout the duration of construction. The developer is required to make periodic reviews of the erosion control and maize any necessary repairs promptly. All of the erosion control measures shall remain intact until an established — vegetative cover has been produced at which time removal shall be the responsibility of the developer. 21 . Wood fiber blankets or equivalent shall be utilized to stabi- lize all disturbed slopes greater than 3 : 1. Mr. Patrick Blood and Ms. Nancy Lee February 11, 1988 Page 3 22 . Seeding shall be disc-anchored and shall commence no later than two weeks after slopes have been established. 23 . All detention ponds and drainage swales shall be constructed and operational which includes all pertinent storm sewer systems to have the ponds functional prior to any other construction on the project. 24. The applicant shall apply for and obtain permits from the watershed district, DNR and other appropriate regulatory agencies and comply with their conditions of approval . 25 . Any expansion of the building or parking areas or expansion beyond 12 vehicles used in the business shall require a con- - ditional use permit. 26 . The site plan shall be revised to shift the building 20 feet to the east. 27. Should the subject site be subdivided, the city would look to requiring the necessary right-of-way for a frontage road to make connections to the east. 28 . All regulations shall be followed to cap the well. The City Council also approved a wetland alteration permit based on the site plan stamped "Received January 21, 1988" and subject to the following conditions: 1 . Compliance with the standards of Article V, Section 24 ( a) ( 4 ) . 2 . Compliance with the conditions of approval of Conditional Use Permit Request 37-18 . " It is requested that you revise the site plan to shift the building so that it is 100 feet away from the TH 101 right-of-way line and that the additional 20 six-foot evergreen trees be indi- cated on the plan. The size and species shall also be indicated on the revised site plan . Enclosed is a copy from the building code regarding the oil and flammable liquids separater. You will need to submit the septic system design, holding tank design and other necessary drawings as required by the building official in conjunction with the building permit .application. " I would also recommend that you have your engineer begin the process to obtain the access permit from the Minnesota Department of Transportation . Also, remember that demolition of the buildings and the capping of the wall should be coordinated with Jim Chaffee, the Public Safety Director and the appropriate State agencies. Mr. Patrick Blood and Ms . Nancy Lee — February 11, 1988 Page 4 The City will be preparing a conditional use permit document which will be recorded against the title of the property at the _ Carver County Recorder' s Office. A copy of this document will be forwarded to you when signed by the Mayor and City Manager. Should you have any questions, please feel free to contact me. Good luck on your new location. — Since ely, Barbara Dacy — City Planner BD:ktm — r j w CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT 1 . Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for: Contractor' s yard activities 2 . Property. The permit is for the following described property in the City of Chanhassen, Carver County, Minnesota: See Attached Exhibit A - ( PID # 25-0360600 ) 3 . Conditions. The permit is issued subject to the following condition: 1 . Hours of operation shall be from 7 : 00 a.m. to 6 : 00 p.m. , Monday through Saturday only (work on Sundays and holidays not permitted) . 2 . There shall be no outside speaker systems. 3 . Any light sources shall be shielded from adjacent public road right-of-ways . 4 . A holding tank shall be installed to receive the waste water from the garage area. The holding tank shall be pumped as necessary and the applicant shall be required to keep a current copy of their pumper contract on file with the City. 5 . The applicant shall daily clean on and off-site dirt and debris from streets and the surrounding area that has resulted from construction work by the applicant, its agents or assigns . 6 . The building must have a heat and smoke detector system with a central dispatch. 7 . Lighted exit signs must be installed at all exits. 8 . A plan for storage of flammable and/or combustible material must be submitted to the Public Safety Office for approval. 9 . Emergency lighting must be installed. 10 . The driveway and parking lot shall have B6-18 concrete curb and gutter. Page - of Pages 1 11. The applicant shall submit a landscaping plan indicating installation of 20 six foot evergreen trees between the — vehicular use areas and the public right-of-ways . 12. All septic system sites shall be staked and roped off prior to the commencement of any construction. Any traffic over these sites will require reevaluation of the sites. 13 . The applicant shall obtain an access permit from the Minnesota Department of Transportation and shall comply with all conditions of the permit. 14. The approach onto Trunk Highway 101 shall be a maximum of 0 . 5% grade for a minimum distance of 50 feet. 15. Catch basins shall be provided at the low point of the drive- way along with proper spillways in the parking lot. A revised plan shall be submitted for approval by the City Engineer. 16. Calculations verifying the preservation of the predeveloped runoff rate for the site and ponding calculations for a 100-year frequency storm event shall be provided to the City — Engineer for approval. 17. Check dams (Type II Erosion Control) shall be placed at — 100-foot intervals along all drainage swales. 18 . Existing structures shall be disposed of properly. If debris is to be burned, the applicant shall obtain a burning permit — from the Department of Public Safety and the Pollution Control Agency. On-site burial of debris is prohibited. 19 . Additional erosion control shall be placed along the north side of the site. A revised plan shall be submitted for approval by the City Engineer. 20 . All erosion control measures shall be in place prior to the initiation of any grading and once in place shall remain in place throughout the duration of construction. The developer is required to make periodic reviews of the erosion control and make any necessary repairs promptly. All of the erosion control measures shall remain intact until an established vegetative cover has been produced at which time removal shall be the responsibility of the developer. 21. Wood fiber blankets or equivalent shall be utilized to stabi- lize all disturbed slopes greater than 3 :1 . 22 . Seeding shall be disc-anchored and shall commence no later than two weeks after slopes have been established. 23 . All detention ponds and drainage swales shall be constructed and operational which includes all pertinent storm sewer systems to have the ponds functional prior to any other construction on the project. -2- Page of ` ' Pages C 24 . The applicant shall apply for and obtain permits from the watershed district, DNR and other appropriate regulatory agencies and comply with their conditions of approval. 25. Any expansion of the building or parking areas or expansion beyond 12 vehicles used in the business shall require a con- - ditional use permit. 26. The site plan shall be revised to shift the building 20 feet to the east. 27. Should the subject site be subdivided, the city would look to requiring the necessary right-of-way for a frontage road to make connections to the east. 28 . All regulations shall be followed to cap the well. 4 . Termination of Permit. The City may revoke the permit following a public hearing under any of the following circumstances : material change of condition of the neighborhood where the use is located; violation of the terms of the permit. 5 . Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: February 8 , 1988 C 0 , HANHASS N B Y rs Ma _�- — By: _� �il 41114 Its Clerk STATE OF MINNESOTA) ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 14 C day of 4412.vue. , 1918, by Thomas L. Hamilton, Mayor, and Don Ashworth, City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation. No ary lic • 4'}; t -; iii My commission c . 1 -1-91 i Pago y-- ^ Pages r r EXHIBIT A That part of Government Lot 4, Section 36, Township 116. North Range 23 West of the 5th Principal Meridian. C County. Minnesota, which lies southerly of the southerly right-of-way line of the Chicago and North Western Railway Company (formerly Minneapolis and St. Louis Railway Company) and northerly of the northerly line of State Highway No. 169 and No. 212, EXCEPTING therefrom that part contained in the follovinst That part of Government Lots 3 and 4, Section 36, Township 116, Range 21, described as follows: Commencing at the West Quarter corner of said section; thence South along an extension of the west line of said Government Lot 4, a distance of 14.65 feet; thence northeasterly deflecting to the left 106'21 '30", a distance of 1327.05 feet to the actual point of beginning of the tract of land to be described; . thence continuing northeasterly along last described course 170.35 feet; thence northwesterly deflecting to the left 89'15' , a distance of 50 feet to a point marked by a Judicial Landmark; thence continuing northwesterly along last described course, • distance of 473.2 feet to a point marked by Judicial Landmark; thence Northwesterly deflecting to the left 63'38' , a distance of 40 feet to a point marked by a Judicial Landmark; thence southwesterly deflecting to the left 25'30' . a distance of 146 feet to a point marked by a Judicial Landmark: thence southeasterly 545.52 feet to the actual point of beginning, • point being marked on the last described course by a Judicial Landmark; distant 50 feet northwesterly of actual point of beginning. And except that part of the South Half of the Northwest Quarter of Section 36. Township 116. Range 23. described as follows: Starting at a point on the North right of way line of Trunk Highway No. 169 which point 1s 50 feet North of the center line of the pavement at a point 1487.4 feet Northeasterly from the West line of said Section 36 as measured along the center line of said p t and running thence North 13'32' West or at an angle of 89'15' with said p t • distance of 473.2 feet; thence North 77'10' West, 40 feet; thence South 77'20' West, 146 feet; thence Southeasterly 501 feet to the North right of way line of said Trunk Highway and thence Northeasterly along said right of way line 171 feet to place of beginning. And EXCEPT that pert of said Government Lot 4 lying essterly of the following described line: Commencing et the West Quarter corner of said section; thence South along an extension of the west line of said Government Lot 4, a distancof 14.65 feet; thence northeasterly deflecting to the left 106'21'30", • distance of 1487.40 feet to the a_tusl point of beginning of the lir.: to be dtr=-ibed; thence northwesterly deflecting to the left 89'15' to the south line of said Chicago and North Western Railway Company and said line there terminating. OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER Filing Fee $ JD This is to certify that this document . e • �� '� w filed in i office o thday �� 0 9A.D.at ' `3 o'clock . and was duly recorded as CQ `� document no. C iC�_ vc� 64 04_04). CARL W. HANSON JR. County Reco •_, by: 40 .L i M—�I,G VG Pace .. ^_^,e3 'City Council Meeti 7 — February 8, 1988 - Page 11 Eric Rivkin : Point 7, this additional erosion barriers , you don ' t have control over that. Point 10, the deed restriction. Councilman Johnson: That wasn ' t inlcuded . — Councilman Horn: 7 through 11 are not in our motion. The only thing it is is the wetland alteration permit which we just granted . That' s to store the spoils within 200 feet of the wetland. _NANCY LEE AND' PATRICK BLOOD,'`-PROPERTY LOCATED ON THE NORTH SIDE OF•: 'H 212 AND THE EAST SIDE OF TH 101, ZONED BF, FRINGE BUSINESS DISTRICTI — A. CONDITIONAL USE PERMIT FOR A CONTRACTOR' S YARD ON 13 ACRES1 — B. WETLAND ALTERATION PERMIT TO CONSTRUCT WITHIN 200 FEET OF A CLASS A WETLAND. Barbara Dacy: The property is zoned BF, Business Fringe. A contractor ' s yard was recently put into the ordinance to be allowed as conditional uses . The hash mark on the transparency here shows the — location of the entire 13 acre parcel . The location of the proposed building is in the upper northwest corner of the site adjacent to TH 101. The Planning Commission considered this item and recommended — approval to the Council with 20 some conditions and out of their discussion they amended four of those conditions. Condition 4 clarifying the pumping contract provision with the city. Number 25, they specified that any expansion of this activity beyond 12 vehicles — would require a conditional use permit . Number 26, that the site plan be revised to shift the building 20 feet to the east and finally, if the site is to be subdivided in the future, that the City would look to — requiring the necessary right-of-way for frontage road to make connections to the properties to the east. To summarize the Planning Commission' s discussion would be to basically say that their discussion centered around traffic issues and access to the site. A couple of issues that I 'd like to talk about further, beyond the Planning Commission consideration. One of those items was that the Commission spent a good deal of time on whether or not they should add on a — condition about restricting access coming into and out of this site and primarily requiring access to proceed south on TH 101 to prevent access going north. As you' ll note in the Minutes , the Commission asked about — another application at the Merle Volk site and that conditional use permit and a condition indeed was placed in that permit to restrict access to CR 18 . However , I think that the Planning Commission, at that meeting, it was decided that that condition was not necessary in this — case . Secondly, another major issued discussed by the Commission at their meeting was access to the site from TH 101. Again, collectively the Commission decided that the access proposed in the proposed site - L plan was adequate. A couple of the members did have a lot of reservations about this access so staff went further to research this issue as to whether or not access could be gained from the east. In — order to do that , there is an intermediate property on the east side �1 T ' City Council Meeting February 8 , 1988 - Page 12 owned by Mr . Jack Brambilla . There is a vacant building at this location right now. It's approximately across from the SuperAmerica site which is located right here. Mr . Brambilla indicated that although he would opposed to getting an easement for road access through his property, he is interested in selling the property. The property — adjacent to his property has been approved for a cold storage site and was granted a driveway access permit by MnDot . That property owner would also have to grant an easement to connect into his driveway. Upon -- discussing this issue with MnDot , they gave me the following guidelines . They would not like to see this driveway access at this point because of it' s location to the traffic light which is at the Shakopee light approximately here. They said if the City is to encourage a frontage road , they would be more than happy to assist us in that effort and they would encourage a frontage road to relieve TH 212. However, they said the best place for a frontage road intersection would be 1,000 feet to the east of this stop light which would put it approximately in this area. They- said that a by-pass lane would also have to be added in both diretions and that some of the access points where the motel and the — SuperAmerica would have to be reoriented . In sum, to create an intersection there and meet MnDot' s guidelines, they said would cost approximately $500,000. 00. The question was put to MnDot that they' re still satisfied with the access onto TH 101. They said because the grading plan is proposing increasing the level of the property so that the driveway is entering TH 101 at a consistent elevation, that would improve the access as well as making a "T" of this driveway as opposed to what is currently existing at this time. Secondly, they felt that the traffic volumes on TH 101 are right at this time at approximately 3,250. The traffic volumes on TH 212 are 20, 000. MnDot does not want to encourage additional traffic interruptions on such a busy major arterial. They recognize that this is located approximately 250 feet or so south of the railroad crossing over TH 101 which I think we can all agree is not the best. However , they stated that this is an adequate — distance for sight distance as well . I should also point out to the Council that the bridge to the south of this property over the creek, does have a 5 ton restriction and the applicant , through the MnDot — permit process would have to comply with that tonage restriction. Finally, one final comment for Council consideration tonight is that the applicant has been reviewing their building plans for cost and potential _ construction yet this year . In so doing , as was required by the Commisison, they have found that they do have to sprinkler the building because Appendix C of the Building Code says that if you' re over 3,000 square feet in this type of use, you have to provide for sprinklering . As we are aware , there is no city water in this location . In order to sprinkler a building of this size, they would have to install a reservoir sufficient in size and with the appropriate equipment to — sprinkler this building. At a minimum, this would cost approximately $5,000. 00 to $6,000.00. The applicant indicated to me today that they are going to reduce the size of the building so it goes below the 3 , 000 square foot threshhold . Given that the building is constructed of concrete block, as long as the Council imposes the other conditions recommended by the Fire Department as listed in the staff report , staff is willing to withdraw that requirement. So staff recommendation is — based on the Planning Commission ' s review, their recommended conditions minus the condition sprinklering the building. City Council Meeti.r( February 8 , 1988 - Page 13 Mayor Hamilton : Patrick or Nancy, anything additional you want to add? Patrick Blood: I think everything in the last few meetings has been brought up. Councilman Johnson: Once again , similar to the last issue which I really was probably one of my more gut wrenching ones I 've ever had , the State is controlling us again here on this one. I 'd much rather see "access down to TH 212 than onto TH 101 right next to that railroad " bridge. - I went out there and stopped and looked at that yesterday and the cars, I don't know how the people pass underneath that bridge coming down that hill as fast as they do. It just amazed me the speed some people were going through there. Your drivers are going to need some real good training for them to get going . Coming south and stopping and turning left there could be a real safety hazard. Coming underneath that bridge, the people going as fast as some people do on there, if there' s a truck sitting there turning left, it' s going to get rear ended . They' re not expecting to see stopped vehicles there. I don' t know what to do about that other than what I talked to Barb today about getting caution signs up there or whatever . Stopped vehicles ahead or trucks entering . I guess another point to be made is the times within our ordinance says that a contractor ' s yard shall not start until 7: 00 a.m. and go until 6:00 p.m. or something like that. What this in effect does at this location is requires trucks to be going out into traffic at rush hour. Right at the 7 :00 rush hour. I don' t know if it might be t _ even better to get them out earlier or what here. Of course , there are so few trucks, really I don't know if that' s that huge of a thing . I 've not sat there at 7: 00 in the morning to see what kind of traffic we get through there. That' s a concern of mine. I don ' t know how to address it. The other one was capping of the wells that ' s discussed in the staff report. I 'd like to have a condition that the capping of the wells be with the proper permits with the Department of Health as coordinated through the Public Safety Department. Whether that ' s an additional item added to it or worked into 18 or 24 . I want to make sure that that well is properly capped so nothing gets down into the groundwater there through an easy channel . Is the 5 ton weight limit - going to cause you a problem? Patrick Blood : For the most part , we are keeping our residential trucks — under 2,000 pound trucks . They are small retriever garbage trucks. A :majority of the trucks will be them. Right now we have two big ones and `. ._like I say, the rest of them are small . For the most part I don' t _ foresee getting too many more big ones . Possibly one more big one within a year or so, maybe two years but for the most part it would be "_ these smaller trucks . That' s the basis of our company and that' s what we are paying the state for. r `'Councilman /ohnson: When-you -say big one, or the full sized? .ate Patrick Blood: The biggest we have is the 20 yard. They are both 20 yard rearend loaders and the other ones , we' ll be running up to 17 ,000 GW. They won' t even reach that on some occasions. 1(7' City Council Meeting February 8, 1988 - Page 14 Nancy Lee: They are nothing more than a full sized pick up truck with a small load garbage packer on the back. Councilman Johnson : 20 yards is a lot more than a small load garbage packer. What' s the empty weight of the big ones? Patrick Blood : Right in the neighborhood of, just guessing , I think it ' s between 20 and 23. Something like that. Maybe 25. -- Councilman Johnson: So about 10 tons? Patrick Blood: Yes, about 10 tons. Councilman Johnson: So you can ' t go south out of there with your big trucks. You have to go north. — Nancy Lee: 5 tons per axle? Councilman Johnson : It just says 5 tons . I 'm not sure if it ' s 5 tons per axle. Nancy Lee: It is per axle. — Councilman Johnson: The sign does not say per axle. Roger Knutson : That ' s how they weigh things . [ — Patrick Blood: If that ' s the case, these trucks are illegal empty. — Councilman Johnson: Because that ' s a very important bridge to the City of Chanhassen. Patrick Blood : They couldn ' t really limit that to strictly 5 tons because that is a major highway up through there and I know there are a lot of company semis that go up through there, they have to weigh — approximately that much. Councilman Johnson : As long as it' s 5 ton per axle we' re okay. I really _ appreciate the good job they' re doing on, it looks like they' re being very cooperative with the City. I think staff ' s enjoyed working with you. The bermi.ng and the nice building and stuff, I 'd like to compliment you on that even though I was giving you a hard time there for a while. Councilman Horn : I just had one question. Isn ' t that bridge that we ' re concerned about, the overpass, isn' t that on a section of railroad that will be abandoned? Councilman Johnson: It' s the creek bridge. -- Barbara Dacy: Yes, that railroad. He' s talking about the creek bridge and the railroad bridge is the railroad that is currently under — application for abandonment. City Council Meeti.t { - February 8, 1988 - Page 15 Councilman Horn : So at that point , there would be an option to eliminate that one lane section through there? — Barbara Dacy: Yes , there is potential for that expanding. Councilman Horn: Which appears to me to be the biggest traffic problem. It' s hard to justify sight distance problems when you've got a one lane road going through TH 101. That' s really to me critical in this issue, the fact that that will be able to be corrected . I can ' t believe that 22 trips a day is going to make a huge difference to TH 101 so I have no problem with this request. Councilman Boyt : I would like staff to point out where the 3 foot — berming is. I see berm written down here but I 'd like to know how far that extends. Barbara Dacy: From here to here. — Councilman Boyt: I gather, from trying to get some feel from the elevation, that this building is fairly well , and the parking area is — screened from TH 101? Is it tucked back in there to that extent? Barbara Dacy: Yes sir , that' s correct . The elevation of TH 101 is higher than the floor elevation here and you can see by the contours in here that they are pushing the rear of the buildings into that slope, into the back. By the time you make this curve here, a drive, number one you'd be concentrating on the road but you would really have to look over your shoulder to the left to see this building. Councilman Boyt: How about from the other side, from the south? Barbara Dacy: From the south, you would have more of the vista into the site. That ' s where we noted that the additional evergreen trees will need to be planted. Not only along the TH 212 side but along the TH 101 — side as well . There are 8 deciduous trees out there which help somewhat but the evergreens will help. — Councilman Boyt : On that excavation line there to the southwest , is that going to be blocked from view? Barbara Dacy: There is an existing stand of woods here along the creekbed here. To answer your question, you are going to see the site when you approach the driveway here and then you will see another shot of it just because of the openness of the driveway but then you' re going — uphill so fast . Councilman Boyt : Coming from the south , about what kind of a distance am I dealing with in terms of being screened off that' s going to affect that view? -L Barbara Dacy: If you had a tree line here and the rise in the elevation of TH 101 here, this probably wouldn' t. . . Councilman Boyt : I guess my related question is not only how long is City Council Meeting February 8, 1988 - Page 16 that stretch right along TH 101 but is there any reasonable way to screen that off and you have said we can put pines in there which is acceptable. What kind of density are we proposing on these pines? I noticed they were 6 feet tall , which is a reasonable tree. Barbara Dacy: There is about 100 feet between the center line of the driveway up to the 780 contour . Even a little bit before that, you' re way beyond seeing that. The landscaping ordinance requires that you -- have to have opaque screening on a continuous basis on the ratio of 1 tree for every 40 feet and what we did to calculate that was actually to use the distance of here so we are requiring more than is adequate to be _ placed along here. Councilman Boyt : Did I understand it was 5 or 6 trees? Barbara Dacy: Right. Councilman Boyt : On the 3 foot high berm, does that mean that someone walking by, sitting in a car is going to be screened from the parking area on TH 212? Barbara Dacy: That' s correct. — Councilman Boyt : Because of the lay of the land , that ' s high enough to be adquately screened. If I understand this correctly, the location -- you've chosen and the way you've landscaped it is , has screened it from sight from all practical purposes? It certainly is a needed service but it' s a nice one to have screened . I noticed that the only person on the — Planning Commission who seemed to be opposed to this was Tim Erhart who lives kind of down in that area and I would expect him to be sensitive to these sorts of things. The only concern I have remaining, and I think this was also one of Tim' s concerns , was the area that Clark I think also mentioned, that bridge that all of us who have driven through there know that' s a problem. I was thinking about possibly a way of solving that is if we could establish a right-out/left-in commitment. — We wouldn ' t have to alter the roadway at all but just simply approve this basis, that there would be that condition. I would say to them, even though other trucks go through, at least at this point we' re not adding additional traffic through that. We can still give them access . Councilman Johnson : Left-out/right-in. Councilman Boyt: Okay, excuse me. Left-out/right-in. It 's my understanding that the sprinklering of the building is State controlled so if the building goes over 3, 000 square feet it has a sprinkler and if it' s under , it doesn' t. So I 'm comfortable with that but I would ask that we consider the possibility of controlling the entrance and exit. Mayor Hamilton : Is there a possibility of having a right-in as Bill was saying? That was my thought too because simply so it would make traffic going up that hill easier to pass a truck turning into the site. If [E: there was a right-in lane. — Gary Warren : Turn lane? City Council Meeti.rf February 8, 1988 - Page 17 Mayor Hamilton : Yes . Just a right-in lane into their driveway so that it just makes the traffic flow more easily past that site. Gary Warren : MnDot has the final say on that. Mayor Hamilton: I think that's a good thing to do anytime we have an opportunity to put in right turn lanes in. It just helps traffic a lot. Actually, even if there was enough right-of-way in that stretch right there to put a left turn lane also so that traffic could go by on the right, I wouldn' t be opposed to that either . Gary Warren : I think you' ll have a problem because of the sharp turn radius there where you can get into some reverse curve problems with somebody coming up and having to really crank hard on the right to get into the other lane. Mayor Hamilton : There' s probably some drainage problems right there too. Gary Warren : We have solve the storm sewer all along there, what we call the TH 101 drainage project, so we do have a collector down the road so we can get the water into it so drainage wouldn ' t that big of a problem. Mayor Hamilton: Those were the only comments I had. I think they've done a nice job in laying it out on the land and if we could get a right turn lane in there, I 'd be satisfied . I 'm not sure that we ought to restrict your movement to the north. It ' s a 9 ton road and I think they have the right to use it. I know the bridge is dangerous and I would like to first, before we restricted them, to attempt to put like a stop sign either on the north side or the south side. Whichever would be best so the traffic has to stop in one direction. Clearly one side has to stop and the other one has the right-of-way. Councilman Boyt: A yield sign maybe. Mayor Hamilton: Whatever would work there. It' s a similar type bridge that you have in Eden Prairie by the golf course over there and they put stop signs on there so traffic only flows one direction. The other diretion stops . That would work fine here except in the wintertime when you' ve got a day like today where it' s icier than heck and you hate to have somebody slide into the side of the bridge trying to stop or trying to get up the hill when it' s icy and they stop and can ' t get going again. Gary Warren : I think the advisory signs mentioned earlier would be a good comment. Caution, trucks turning or something of that nature. Councilman Horn : I think we ought to explore too the possibility of - L widening that spot once that railroad is abandoned. Gary Warren : The Light Rail Transit Corridor may have an impact on that also. " City Council Meeting February 8, 1988 - Page 18 Barbara Dacy: They could function at grade though. Patrick Blood: I have two things to say. I 'm sure the City is well _ aware of the. . . if we put a right hand turn lane in there, it 's fairly hollow down through the tree area there. It will make it pretty hard to put in a right hand lane to be in there. But to restrict us , and what you're worried about is traffic control under the bridge, in order to do this , first of all , we don ' t have that many trucks but if you gave us the right to go out like at 6:30, that would put us a half an hour before the rush hour and it would limit the traffic that way rather than going into a lot of expense. The earlier you can get up before the traffic, naturally, the safer it will be. That' s a way of making it safer. Mayor Hamilton : I 'm sure that Jay has a legitimate concern but I 'm just not convinced that there's a real traffic problem there at 7: 00 in the morning . There are very few residents in that area either going north or south on TH 101. I don' t think it' s going to cause traffic congestion at 7: 00 in the morning on that area of TH 101. Councilman Boyt: What about the evening when they come back? Mayor Hamilton : I just don' t see that much traffic down there. I drive that quite a bit and I just don' t see that much traffic. — Councilman Johnson: That was brought up to a point by Pat Swenson who is a resident down that way that does drive that a lot. — Mayor Hamilton: She lives on Lake Riley and it ' s a long ways from there. Nancy Lee: In reference to the evening , they are usually in before rush hour traffic because of when they start in the morning , when they come back in the afternoon, they will beat rush hour traffic . — Mayor Hamilton: Usually you guys are done by 3: 00 or 4 : 00 in the afternoon aren ' t you? Councilman Boyt : Your operation time is from 7 : 00 to 4 : 00 roughly? Patrick Blood: Right in that area with residential . Construction might last a little longer especially in the summer months . Councilman Boyt: You mentioned, I think it was at the Planning _ Commission, at one point in there I saw something about returning for lunch and at another point no. Patrick Blood : No, one of the staff had brought that up and the answer is no . Most of the drivers , once they' re out , they' re out for the day. They only come to pick up their truck and then they come in and they go home. They don ' t come in for lunch. On a rare occasion they might have — to come in and pick up a route sheet or something like that but that' s the extent of it. City Council Meeti.n1 — February 8, 1988 - Page 19 Councilman Boyt : You' re suggesting then Tom, you' re comfortable based on being there, that this isn' t a high traffic area and yet when we talk about Canterbury Downs season, this gets to be pretty busy. Mayor Hamilton: Even then, I 've made many trips to the track and I 've never run into a problem until you get down to the stop light on TH 212 and whatever the turn off road is there. I don' t think I 've ever even had one car in front of me sitting at that intersection. There just doesn' t seem to be that much traffic there. Maybe that will change as we continue to grow and we' ll have to keep looking at it. I just haven' t run into a problem. Councilman Boyt: When you have an oncoming car coming at you as you' re going through that bridge, it' s tight. Councilman Horn : You have to stop. It' s a one lane road . I would like to see the City Staff pursue a reasonable way of controlling tha, as you mentioned . If it doesn ' t make sense to restrict their way in and way out, at least let's do that. Mayor Hamilton: I think even if this wasn' t before us , we should do that. It' s not a good spot. Councilman Horn: I just wanted to respond to something Bill said about Tim Erhart living in the area and opposing this. If I interpret Tim' s concern, it has nothing to do with this particular development. He has reconsidered his position on contractor ' s yards in general and would vote against any contractor ' s yard that came before that group so I don' t think it has anything to do with his proximity to this project. It has to do with his feeling about contractor ' s yards in general . As a matter of fact, when this came to the Planning Commission on May 13 , 1987, they unanimously approved the request to include contractor ' s yards as a conditional use permit. Councilman Boyt : In that zoning , business fringe area but not in that specific location. Councilman Horn: Right. But as a concept and it isn ' t being refused because of this specific location, as I read Tim' s minutes this time. It' s being refused because it' s a contractor ' s yard . Councilman Boyt: I agree that Tim' s basic position appeared to be one of being against contractor ' s yards in Chanhassen. It was my understanding that he made a few more specific comments about this particular location but I 'm not basing my opinion on his. Simply that I noticed he was the lone person opposed to it. Councilman Horn: Headla also . Barbara Dacy: One of the Planning Commissioners is here this evening . Some of you may not recognize him as Brian Batzli in the white sweater . If you wanted to ask him a question. ;! • ( - City Council Meeting February 8, 1988 - Page 20 — Councilman Horn : I ' ll second the motion but I did have one question about number 6. Is 6 related to area also or is that required of any — new? Barbara Dacy: That' s required of any building . Mayor Hamilton: Condition 10, have we in the past had this surmountable concrete curb and gutters in these areas or have we had the removable barrier type things? I think we've had some of each and I just want to — consistent as to what we' re requiring here. This is certainly more expensive than if you have those block things that you put in place but I think we allowed them in the rural area. Barbara Dacy: Because the site is zoned commercial in the business fringe, the ordinance does require concrete curb. I ' ll yield to the City Engineer as to the type of concrete curb. Gary Warren : With trucks of this nature, barrier curb really is preferred just because surmountable curb is too easily violated with the — larger trucks. Councilman Johnson: I think you just said the opposite. Number 10, doesn ' t this way we want the surmountable curb and you just said you — want the other kind . So is 10 what the engineering staff wants? Gary Warren: I ' ll defer to Larry I guess . — Larry Brown : The concrete curb should be barrier type curb . Specifically B-618 curb. — Mayor Hamilton : And not the permanent surmountable. Larry Brown: That is the permanent barrier curb construction. Councilman Johnson: I 'd like to modify number 24 list the Minnesota Department of Health for capping of the well rather than just have it — listed as an appropriate agency. I just want to point out that capping a well is a very important detail . Some people just run over it with a bulldozer and forget about it and that leads to some significant ground water pollution. Mayor Hamilton : I think there are some specific requirements that they need to follow for capping wells and whoever gives those approvals — should be, I think rather as a 27th or 28th , Jayy I 'd rather say that as a separate item. That those regulations are followed in capping all the wells. — Mayor Hamilton : I had one additional question on the holding tank. Should there be a schedule maintained so we know when that should be _ pumped or how often it 's pumped? I don ' t think we want to get into a situation where it's running over . That's going to cause some problems so when you' ve got a holding tank, I guess I 'd feel more comfortable if f • City Council Meeting �s February 8 , 1988 - Page 21 they had some type of schedule or something so we can go and look at it and say you haven' t pumped this thing for 6 months . It ought to be getting full about now. Gary Warren : Could that be incorporated in the pumper contract? We ' re asking to be supplied with a pumper contract and that just specifies some frequency of pumping . Mayor Hamilton : Something so if you wanted to go down there and look and see if it's being taken care of, you would have something to look at. Councilman Johnson: They' re going to have to get some history before they need to know how often it's going to be done. Mayor Hamilton: But I think we should have something to review what' s going on and inspect it and saying pumping it every month or every 3 months , or whatever it might be. Anything else? Councilman Boyt: Gary, daily clean-up is covered somewhere in here right? I didn ' t see it as a specific condition. Gary Warren: Daily clean-up? Councilman Boyt : During construction. Gary Warren: We don' t have a development contract called for in here. Councilman Boyt : Well , then let ' s add something that would be typical language to the sort of thing we put in other development contracts s since they' re going to be doing a building . Does that meet with general approval to add a point 29. Councilman Horn : Put it where 5 was . Councilman Boyt: Okay, put it where 5 is. Then on 18, existing structures will be disposed of, I gather we' re talking about any kind of debris in the area as well so existing structures and debris. Barbara Dacy: The intent of the condition was for the barn and the single family home and the garage area . If you want to specify other items on the property, then you should add existing structures and debris. Councilman Boyt : That' s what I 'd like us to add . It would be very little more that would need to be cleaned up and they' re going to do it — anyway. Mayor Hamilton : That ' s fine. -L Mayor Hamilton moved , Councilman Horn seconded to approve a Conditional Use Permit Request #87-18 to operate a contractor ' s yard located north of and adjacent to TH 212 and east of and adjacent to TH 101 based on City Council Meeting February 8, 1988 - Page 22 the site plan stamped "Received December 29 , 1987" and subject to the r— following conditions: 1. Hours of operation shall be from 7 : 00 a.m. to 6: 00 p.m. , Monday through Saturday only (work on Sundays and Holidays not permitted) . — 2. There shall be no outside speaker system. 3. Any light sources shall be shielded from adjacent public road right-of-ways . 4. A holding tank shall be installed to receive the waste water from the garage area. A copy of the pumper contract shall also be provided prior to issuance of a buliding permit. 5. Daily clean-up the building site debris . 6. The building must have a heat and smoke detector system with a _ central dispatch. 7. Lighted exit signs must be installed at all exits . 8. A plan for storage of flammable and/or combustible material must be submitted to the Public Safety Office for approval . 9. Emergency lighting must be installed. [-- 10. The driveway and parking lot shall have a permanent barrier B-618 concrete curb and gutter . 11. The applicant shall submit a landscaping plan indicating installation of 20 six foot evergreen trees between the vehicular use areas and the public right-of-ways . 12. All spetic system sites shall be staked and roped off prior to the — commencement of any construction. Any traffic over these sites will require reevaluation of the sites. 13. The applicant shall obtain an access permit from the Minnesota Department of Transportation and shall comply with all conditions of the permit. 14. The approach onto TH 101 shall be a maximum of 0. 5% grade for a minimum distance of 50 feet. 15. Catch basins shall be provided at the low point of the driveway along the proper spillways in the parking lot. A revised plan shall be submitted for approval by the City Engineer . 16. Calculations verifying the preservation of the predeveloped runoff rate for the site and ponding calculations for a 100-year frequency storm event shall be provided to the City Engineer for approval . — City Council Meetir( — February 8 , 1988 - Page 23 17. Check dams (Type II Erosion Control) shall be placed at 100 foot intervals along all drainage swales. 18. Existing structures and debris shall be disposed of properly. If debris is to be burned, the applicant shall obtain a burning permit from the Department of Public Safety and the Pollution Control Agency. On-site burial of debris is prohibited . 19. Additional erosion control shall be placed along the north side of the site. A revised plan shall be submitted for approval by the City Engineer . 20. All erosion control measures shall be in place prior to the initiation of any grading and once in place shall remain in place throughout the duration of construction. The developer is required to make periodic reviews of the erosion control and make any necessary repairs promptly. All of the erosion control measures shall remain intact until an established vegetative cover has been produced at which time removal shall be the responsibility of the developer. 21. Wood fiber blankets or equivalent shall be utilized to stabilize all disturbed slopes greater than 3: 1. 22 . Seeding shall be disc-anchored and shall commence no later than two weeks after slopes have been established. 23. All detention ponds and drainage swales shall be constructed and operational which includes all pertinent storm sewer systems to have the ponds functional prior to any other construction on the project . 24. The applicant shall apply for an dobtain permits from the Watershed District, DNR and other appropriate regulatory agencies and comply with their conditions of approval . 25. Any expansion of the building or parking areas or expansion beyond 12 vehicles shall require a conditional use permit review. 26. The site plan shall be revised to shift the building 20 feet to the east. 27. Should the subject site be subdivided , the City would look to requiring the necessary right-of-way for a frontage road to make connections to the east . 28. The applicant shall comply with all regulations set forth by the Minnesota Department of Health and any other appropriate agencies - L when capping the wells. All voted in favor and motion carried . City Council Meeting szi (7 C - February 8, 1988 - Page 24 Mayor Hamilton : I was going to ask you a question Mr . Blood , don ' t you — generally, the haulers, don' t you normally, during the summertime or warmer hours , start earlier? Wouldn' t it be more advantageous to you to start at an earlier time? Patrick Blood : It does help. The earlier you can get out there, residentially, our company specifies that nobody start at a residential house until 7 : 00 and construction wise, it would be nice if we could get out a little earlier to the construction sites but that' s one of our stipulations . Mayor Hamilton: I know some haulers and they like to start early in the summer when it' s really hot so they are finished before it' s really cooking out there. Patrick Blood : I 've been working this for 10 years and a lot of people don't like the garbage trucks coming by at 4: 00 or 5: 00 in the morning . Councilman Horn: How long does it take you to get from your location to your first residence? What's the longest distance it takes you to get to your first stop in the morning? Nancy Lee: We' re in different suburbs different days. We service Chanhassen so that would be close and then we do Bloomington and Edina . Patrick Blood: And Eden Prairie. [ — Councilman Horn : The way this is written, if I interpret it right, is — you can' t start your operation until 7:00 a.m. . That would mean it would take you longer than to get to the first house. Patrick Blood: Our men actually start at 6 :45 a .m. . They come in and — warm up their trucks and pick up their routes or things like that and that gives them sufficient time. The only two areas that we fail to make real early is like Bloomington and Edina . — Councilman Horn: So 7:00 is not a problem? Patrick Blood : It' s no problem. — Mayor Hamilton moved , Councilman Horn seconded to approve a Wetland — Alteration Permit #87-14 to locate a contractor 's yard within the watershed of a Class A wetland subject to the following conditions : 1. Compliance with the standards of Article V, Section 24 (a) (4) . 2. Compliance with the conditions of approval of Conditional Use Permit Request #87-18. — All voted in favor and motion carried . Councilman Boyt: Is there anyway we can control oil runoff from the trucks? City Council Meeting February 8, 1988 - Page 25 Larry Brown: One of the things we can do is getting a garage space and putting in flammable trap in there, some sort of tank and leak in oils in the stalls would in fact be washed down to that holding tank. Councilman Boyt: Okay. They' re going to be, as I understand it, parking these vehicles out in the parking lot? Barbara Dacy: Yes, some of them will be parked in the lot. Councilman Boyt : And I would think there is going to be a certain amoun to various oil , grease and what not dripping off those vehicles. I 'm just wondering , is there any reasonable way to control that or do we run that down into Bluff Creek? Mayor Hamilton: Isn' t part of that proposed , it ' s going to be in the yard and they are going to be washing off trucks and that' s going to be going into the holding tank. That' s my understanding on how most of that will be. Most of it is going to be in the yard and as they wash the trucks and clean up, that' s going to run into their holding tank and then that' s going to be pumped out. Councilman Boyt: I 'm just wondering . We have this in every parking lot and this one happens to be within 200 feet of Bluff Creek so I 'm just wondering if there 's anyway to control it off the parking lot. It' s not just their trucks. It' s employee's vehicles . If it' s impossible, it' s impossible but if there is some reasonable means. Councilman Horn: Do you think there will be more there than the cars driving by on TH 101? Councilman Boyt : I understand we need to be practical , I 'm just asking that question. Larry, are you aware of any way of controlling it running off the parking lot? Larry Brown: Off the parking lot , no . Not to my knowledge. Councilman Johnson: Where will the water off the parking lot go? To the holding basin? Larry Brown: To the sedimentation basin , yes . Councilman Johnson: In a submerged outlet that will prevent oils from leaving the basin. Larry Brown: Something we can work out is , through the Watershed approval, they will be requiring some sort of skimmer on the pond outlet so that more or less would take care of a great percentage of the oil that might occur or happen into this sedimentation pond. Councilman Johnson : One interesting thing I noticed when I went out there. I never noticed those buildings there. As many times as I 've driven that , I 'm so concentrating on that railroad underpass as you drive up that hill. That big farm. That big red barn, until I went out ribrs JO City Council Meeting February 8, 1988 - Page 26 there and stopped there yesterday, I have never noticed that huge red — barn sitting there that you drive by. STRATFORD RIDGE SUBDIVISION, LOCATED AT 6830 MINNEWASHTA PARKWAY ON PROPERTY ZONED RSF, RESIDENTIAL SINGLE FAMILY, ROBERT PIERCE: A. SUBDIVISION OF 9. 04 ACRES INTO 15 SINGLE FAMILY LOTS. — B. WETLAND ALTERATION PERMIT TO CONSTRUCT A PUBLIC STREET WITHIN A CLASS B WETLAND AND FOR CONSTRUCTION WITHIN 200 FEET OF A CLASS B — WETLAND. C. VARIANCE TO THE RECREATIONAL BEACHLOT ORDINANCE FOR LOT DEPTH AND _ NUMBER OF BOAT SLIPS. D. CONDITIONAL USE PERMIT FOR A RECREATIONAL BEACHLOT. Jo Ann Olsen: The variance has been tabled until February 22nd so the Board of Adjustments can act on it . There was not a quorom for tonight . — The first one is for a preliminary plat. It is 15 single family lots in the RSF district. The property will be serviced from, there is an existing private drive right now on the southern portion of the property which will be improved to a public street and will be served by a — cul-de-sac. The applicant is also providing future access to the north with this cul-de-sac . All the lots have 15,000 square feet. The lots along Minnewashta Parkway are double frontage lots and therefore require an additional 10 feet to the lot depth requirement for additional landscaping. Since we are in the process of amending the lot depth from 150 to 125, by the time we go through the final plan, that will not be — an issue. They are proposing to provide a drainage basin in approximatley this location. Currently it flows to the west and now it will be coming to the east. The Planning Commission did approve of the subdivision with all of staff ' s conditions . We are recommending — approval of the subdivision' s preliminary plat. Mayor Hamilton: Do the applicant ' s have any comments? — Robert Pierce: Not at this time. Councilman Boyt : I gathered from the discussion at the Planning Commission, that all these lots would come in at 15,000 square feet or larger so if there seems to be some small discrepency one place or another in this, that that will be worked out. There' s enough area . — The other point I had was , I would think in a period in which we've got some uncertainity about how the trail along Minnewashta Parkway would be laid out, that it would be nice if we could have an easement on both sides until we get the trail located and then abandon whichever easement wasn ' t used . Councilman Johnson : It' s a cliff . — .1 O C. DATE: Jan . 20 , 1988 �, I T Y F SIA.,/k7 g '�4 C.C. DATE: Feb. 8 , 1988 ki,t /:- CASE NO -18 CUPS 87-14 iP Prepared by: Dacy/v STAFF R`POR PROPOSAL: Conditional Use Permit Request to Operate a Contractor' s Yard and Wetland Alteration Permit -- Request for Development Within 200 feet of a t--• Class A Wetland. z - Q ( ) LOCATION: North of and adjacent to TH 212 and east of and adjacent to TH 101 ( 10500 Great Plains Blvd . ) a. CI. APPLICANT: Admiral Waste Management, Inc. - Q Patrick Blood and Nancy Lee 8275 Tamarack Trail Eden Prairie, MN 55344 - PRESENT ZONING: BF, Fringe Business District ACREAGE: 13 . 27 acres �/Y/da DENSITY: N/A /�L2c,/vs, ADJACENT ZONING 2474- ., - AND LAND USE: N- A-2 ; large lot single family"fesidential S- A-2 ; Minnesota River Valley QE- BF; vacant commercial ( proposed cold storage c; warehousing) QW- BF; existing motel units WATER AND SEWER: Municipal water and sewer lines are not w available to the site . PHYSICAL CHARAC. : The site contains steep slopes adjacent to (1) railroad tracks to the north and contains a Class A wetland . 2000 LAND USE PLAN: Agricultural Aisil r/ f a i O O OM Q o 0 o 00o 0 8 I I \ 1/4 N V r Iz a %. k lipp • rn o • Iljr ` AL ' 0 �a \ cc� 7. ...,,.._ ,, ,r,c2., iii u _....., .... (, ... .. . • __,c , _ ,. , ! , o • . "... ., • ,, ., __ , ,..... , ,...., . . • • z..-, 1 _,, 0 • ,., , , . ..,„A ,,, , ,,,,,....t. , '. I \ g ‘ ,. .0. ,,, \• ,.-- -- • • Q. 1 H l 0 1 ai F J �) — 0 \ d 389 $ flipi i • ,s,... 1 a El ,- ? , ,4,7,.? ‘ 'ill i.-- c_, ,i . __ is rt • e �. o fir . at— - coc: vi niii.g a 1 N 7111111111111111 Q W W N I-. z , � 4... ,....... = 4 tr * VI IJ. of *441 S -1 L c. = P\ y� .- r Blood CUP and WAP January 20 , 1988 Page 2 APPLICABLE REGULATIONS On June 15, 1987, the City Council approved the ordinance amendment to include contractor' s yards as a conditional use in the BF, Business Fringe District. The Planning Commission con- - sidered the zoning ordinance amendment application on May 13 , 1987. The applicants have now petitioned for conditional use permit approval to operate a contractor' s yard at the subject site. Article V, Section 24 , Wetland Protection Regulations requires that development within 200 feet of a Class A wetland must receive a wetland alteration permit. Although no direct altera- tion is proposed to the wetland existing on the property, the development is within the wetland' s watershed. Contractor' s yards are defined by the Zoning Ordinance as "any area or use of land where vehicles, equipment, and/or construc- - tion materials and supplies commonly used by building, excava- tion, roadway construction, landscaping and similar contractor' s are stored or serviced. A contractor' s yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor' s busi- ness" . REFERRAL AGENCIES City Engineer Attachment #2 Soil Conservation Service Attachment #3 Resource Engineering '- ( Septic System Consultant) Attachment #4 Dr. Rockwell Attachment #5 Public Safety Attachment #6 MnDOT Attachment #7 DNR Attachment #8 ANALYSIS Requested is conditional use permit approval for operation of a contractor' s yard on 13 acres of property located adjacent to TH 101 and TH 212 . The applicant proposes to store garbage trucks and dumpsters on site and have a small office area for dispatch purposes . Admiral Waste Management serves cities in the south- - west area. (- Blood Blood CUP and WAP January 20 , 1988 -- Page 3 Proposal _ Proposed is the construction of a 4 ,300 square foot building of which 1, 300 square feet will be office and 3 ,000 square feet will _ be the garage area. Included in the proposal is an off-street parking area and storage area for garbage dumpsters. The appli- cant has indicated that there will be two office employees and four vehicles operating from the site (2 pick-up trucks and 2 garbage trucks ) . During summer months there will be no storage of dumpsters on site. During the winter months, there may be up to 12 dumpsters stored on site. The applicants have indicated _ that an additional 2 trucks will be added by the end of 1988 . Depending on the growth of the business , the applicants have indicated that as many as 12 trucks could be operating from this location. There is no proposed storage of garbage or trash. Existing Conditions Existing on site is a barn, single family dwelling, and a garage building. These buildings are proposed to be removed so that the proposed construction can occur. Appropriate demolition permits _ will need to be obtained and demolition material must be removed from the site. The applicants have indicated that there is an existing well underneath the existing home. Appropriate permits from the Public Safety Department will need to be obtained for capping the well. The Chicago Northwestern Railroad abuts the site on the north. — The southern portion of the site adjacent to TH 212 contains a Class A wetland. The eastern portion of the property shown as Parcel B is currently being used for agricultural purposes . Bluff Creek exists along the western property line between the Brookside Motel and the subject site. The property also contains significant stands of mature vegetation. Ordinance Review Article III, Section 2 , requires that applications for con- ditional use permits meet the standards listed in Section 2 and also comply with the standards provided in Article V, Section 9 and Section 17 . The application meets items A, C, E, F, G, and H of Article V, Section 9 . Items B and D of the application can be — addressed as follows : B. The ordinance requires that the buildings must be set back 100 feet from public or private road right-of-ways . As proposed, the site plan indicates 80 feet from the corner of the office to the TH 101 right-of-way line. _ This problem can be resolved by shifting the proposed building site 20 feet to the east. D. The ordinance requires that the outdoor storage areas must be completely screened by 100% opaque fencing or • ( C Blood CUP and WAP January 20 , 1988 Page 4 berming. The applicant has provided a 3 foot berm between the vehicular use area and TH 212 . The Landscaping Ordinance (Art. VIII, Sec. 2) , requires the addition of one tree per 40 feet between the vehicular use area and public road right-of-ways. Therefore, it is recommended that 15 six foot evergreen trees be planted along the berm extending from the eastern side of the parking area to the western side of the parking area. In addition, 5 six foot evergreen trees should be planted adjacent to TH 101. There are 8 existing trees beyond that which is indicated on the site plan; however, the addition of evergreens will provide year round screening. The proposed location of the building takes advantage of the existing topography of the site as it will be built into the slope along the rear of the property. The building will be completely screened by the railroad and will not be seen by the residences on Vogelsburg Trail. Homes along Lakota Lane are at a significant elevation higher than the subject site. In addition, there is a significant amount of vegetation between these homes and the railroad such that TH 212 cannot be seen. The grade along TH 101 will also screen the use from passing traf- - fic. Upon examination of the standards contained in Article III, Section 2 ( 3 ) , the application meets the standards listed in this section. The following will discuss specific issues . Traffic A driveway access was originally proposed from TH 212 through the existing wetland to access the site. MnDOT indicated that access to TH 212 is prohibited as MnDOT purchased access rights several years ago to prevent direct access along this major arterial. MnDOT personnel did visit the site to determine whether or not the TH 101 access would be acceptable. Based on the proposed driveway intersection indicated on the site plan, MnDOT is indi- cating that the access to the site is adequate subject to receiving a MnDOT access permit. Adjacent property owners in the area, in contacting staff regarding this public hearing, have asked whether or not the city — could investigate reserving right-of-way or encouraging a fron- tage road in this location to eventually connect with the cold storage use located to the east ( this building was approved in early 1986 but has not been built as of yet) . This is an excellent idea which can be implemented when subdivision of the property occurs . The City Attorney has advised that we cannot require exaction/ reservation of a roadway in conjunction with the conditional use permit; however, if the property were to be subdivided, a plat would be required at that time and through the city' s subdivision ordinances right-of-way could be required to • r _ Blood CUP and WAP January 20 , 1988 _ Page 5 be dedicated. Construction of a frontage road in this area would _ also serve the proposed uses by promoting an alternative access other than the TH 101 access . Article VII , Section 1 , requires that parking areas within busi- ness districts be paved and lined with concrete curb. Proposed on the site plan is parking spaces of 6 spaces directly in front of the proposed office building. This amount meets the require- _ ments of Article VII , however , when additional trucks or employees are added, the parking area indicated directly opposite the garage area would need to be used for parking of those vehicles . — Given MnDOT' s review and comments , access to the site is adequate for the operation of the proposed use. Because no other access — is possible at this time from TH 212 , the property must receive some type of access and the access at TH 101 is feasible . Utilities — The applicant conducted soil borings on the site for two drain- field sites as required by Ordinance 10-B . The City' s septic — system consultants reviewed the soil borings and determined that standard septic systems with trenches can be installed to ade- quately handle the domestic waste from the bathrooms in the pro- _ posed building . The consultants noted, however , that a holding tank should be installed to collect the car and truck washing wastes rather than usage by the septic treatment system. The holding tank would need to be pumped on a regular basis . The — applicant should provide the city with the copy of the pumper' s contract to ensure that the tank is being pumped on a regular basis . Because the city adopted Appendix E of the Uniform Building Code which requires sprinklering of all commercial buildings , the applicants will need to install a well system which will provide for sprinklering of the proposed building. The building is also proposed to be constructed of concrete block. RECOMMENDATION - Conditional Use Permit Planning staff recommends the Planning Commission adopt the _ following motion: "The Planning Commission recommends approval of Conditional Use Permit Request 87-18 to operate a contractor ' s yard located north of and adjacent to TH 212 and east of and adjacent to TH 101 based on the site plan stamped "Received December 29 , 1987" , and subject to the following conditions : 1 . Hours of operation shall be from 7 : 00 a .m. to 6 : 00 p.m. , Monday through Saturday only (work on Sundays and holidays _ not permitted) . • ,(T Blood CUP and WAP January 20 , 1988 Page 6 2 . There shall be no outside speaker systems. 3 . Any light sources shall be shielded from adjacent public road right-of-ways . 4 . A holding tank shall be installed to receive the waste water from the garage area. A copy of the pumper contract shall also be provided prior to issuance of a building permit. 5 . The building must be sprinklered. 6 . The building must have a heat and smoke detector system with a central dispatch. 7 . Lighted exit signs must be installed at all exits . 8 . A plan for storage of flammable and/or combustible material must be submitted to the Public Safety Office for approval. 9 . Emergency lighting must be installed. 10. The driveway and parking lot shall have surmountable concrete curb and gutter. 11. The applicant shall submit a landscaping plan indicating installation of 2U six foot evergreen trees between the vehicular use areas and the public right-of-ways. 12. All septic system sites shall be staked and roped off prior to the commencement of any construction. Any traffic over these sites will require reevaluation of the sites. 13 . The applicant shall obtain an access permit from the Minnesota Department of Transportation and shall comply with all conditions of the permit. 14 . The approach onto Trunk Highway 101 shall be a maximum of 0 .5% grade for a minimum distance of 50 feet. 15. Catch basins shall be provided at the low point of the drive- way along with proper spillways in the parking lot. A revised plan shall be submitted for approval by the City Engineer. 16 . Calculations verifying the preservation of the predeveloped runoff rate for the site and ponding calculations for a 100-year frequency storm event shall be provided to the City Engineer for approval . 17 . Check dams (Type II Erosion Control) shall be placed at 100-foot intervals along all drainage swales. Blood CUP and WAP January 20 , 1988 Page 7 18 . Existing structures shall be disposed of properly. If debris is to be burned, the applicant shall obtain a burning permit from the Department of Public Safety and the Pollution Control Agency. On-site burial of debris is prohibited. 19. Additional erosion control shall be placed along the north side of the site. A revised plan shall be submitted for approval by the City Engineer. 20. All erosion control measures shall be in place prior to the — initiation of any grading and once in place shall remain in place throughout the duration of construction. The developer is required to make periodic reviews of the erosion control _ and make any necessary repairs promptly. All of the erosion control measures shall remain intact until an established vegetative cover has been produced at which time removal shall be the responsibility of the developer. 21. Wood fiber blankets or equivalent shall be utilized to stabi- lize all disturbed slopes greater than 3 :1. — 22 . Seeding shall be disc-anchored and shall commence no later than two weeks after slopes have been established. 23 . All detention ponds and drainage swales shall be constructed and operational which includes all pertinent storm sewer systems to have the ponds functional prior to any other — construction on the project. 24 . The applicant shall apply for and obtain permits from the _ watershed district, DNR and other appropriate regulatory agencies and comply with their conditions of approval . 25 . Any expansion of the building or parking areas or expansion — beyond 12 vehicles shall require a conditional use permit review. 26 . The site plan shall be revised to show the building 100 feet from TH 101. PLANNING COMMISSION ACTION The Planning Commission recommended approval of the conditional use permit subject to staff' s recommendations plus the following modifications to the conditions: 4 . A holding tank shall be installed to receive the waste water from the garage area. The holding tank shall be pumped as necessary and the applicant shall be required to Keep a current copy of their pumper contract on file with the City. Blood CUP and WAP January 20 , 1988 Page 8 25. Any expansion of the building or parking areas or expansion beyond 12 vehicles used in the business shall require a con- ditional use permit. 26 . The site plan shall be revised to shift the building 20 feet to the east. 27 . Should the subject site be subdivided, the city would look to requiring the necessary right-of-way for a frontage road to make connections to the east. Headla and Erhart were opposed to the motion (see attached minutes) . STAFF UPDATE The Planning Commission directed staff to investigate potential access options to the east of the subject property. Staff will be meeting with the adjacent property owner and MnDOT staff in order to provide the City Council information on this matter. Unfortunately, it was unable to be included with the packet, however, a verbal presentation will be made Monday evening. CITY COUNCIL ACTION It is recommended that the City Council approve the conditional use permit request based on the Planning Commission' s recommen- dation and subject to the site plan stamped "Received January 21 , 1988. " WETLAND ALTERATION PERMIT A wetland alteration permit request was processed because the pro- - posal was within 200 feet of a Class A wetland. The wetland extends from Bluff Creek along the west property line to almost the entire length of the subject property. There is to be no direct alteration to the wetland, however, the runoff from the proposed building and parking area is eventually directed toward the wetland. The proposed drainage plan for the site promotes runoff running along swale areas which eventually lead into small deters- - tion basins . The berms will also prevent direct runoff from the parking areas into the wetland. The parking area and buildings meet the 75 foot structure setback. The septic system locations also meet the 150 foot setback requirement. A minimal increase in runoff will traverse through the wetland. The detention basin must be sized to accommodate the 100 year storm event. Erosion control is indicated along the limits of the grading activity to prevent silt and other debris to enter the wetland. The Engineering Department' s conditions of approval are incor- - porated into the conditional use permit approval. Approval of the wetland alteration permit should be conditioned upon the con- ditions of the conditional use permit request. Blood CUP and WAP January 20 , 1988 Page 9 RECOMMENDATION - Wetland Alteration Permit Planning staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends Wetland Alteration Permit #87-14 to locate a contractor' s yard within the watershed of a _ Class A wetland be approved subject to the site plan stamped "Received December 29 , 1987" and subject to the following con- ditions: 1 . Compliance with the standards of Article V, Section 24 (a) ( 4 ) . 2 . Compliance with the conditions of approval of Conditional Use Permit Request 87-18 . " PLANNING COMMISSION ACTION The Planning Commission recommended approval of the wetland alteration permit request based on staff' s recommendations. Erhart was opposed to the motion. CITY COUNCIL ACTION It is recommended that the City Council approve the wetland alteration permit request based on the Planning Commission ' s recommendation and the site plan stamped "Received January 21, 1988 . " ATTACHMENTS 1 . Detailed location map. 2 . Memo from Larry Brown dated January 15 , 1988 . _ 3 . Letter from Soil Conservation Service dated January 5 , 1988 . 4 . Letter from Resource Engineering dated December 30 , 1987. 5 . Letter from Dr . Rockwell dated October 27 , 1987 . 6 . Memo from Steve Madden dated November 30 , 1987 . 7 . Letter from MnDOT dated January 15 , 1988 . 8 . Letter from DNR dated January 8, 1988 . 9 . Wetlands map. _ 10 . Flood plain map. 11 . Aerial photo of site. 12 . Map showing distances between contractor' s yards . 13 . Excerpts from Zoning Ordinance. - 14 . Planning Commission minutes dated May 13 , 1987 . 15 . City Council minutes dated June 15 , 1987 . 16 . Application. _ 17 . Planning Commission minutes dated January 20 , 1988. 18. Site plan stamped "Received January 21, 1988. " r r i->-- 0% -co mm '* . fc,7) -:t 1 1 I k ilkilab • •Cv '"110ftw, • co I 01 S 42) -.4 - �� i ' ,. r 1 >,,,, - rn ------ _. .r _.. I _ •___ .. . .... .. _.. !. .. _ . -1 JR 0 f - ' • G4 To I O IN _ _. _ CITY 0 F tA. _ cHANHAs sEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 — _, (612) 937-1900 MEMORANDUM TO: Planning Commission FROM: Larry Brown, Assistant City Engineer or# DATE: January 14, 1988 — SUBJ: Admiral Waste Management Site Plan Review Planning File No. 87-18CUP The site is located near the intersection of Trunk Highway 101 and State Highway 169/212 . The subject parcel, Parcel A, is comprised of an abandoned farmyard with steep side slopes on the north property boundary and a flat low-lying wetland to the south. Sanitary Sewer Municipal sanitary sewer service is not available to the site. — On-site septic systems have been proposed on the east side of Parcel A. Each septic site should be staked and roped off prior to the commencement of any construction. — Water Municipal water service is not available to the site. Therefore, on-site sources will have to be developed. Driveway/Parking — The typical driveway and parking section as shown on the plan conforms to the City standards for parking areas . Since the site — is zoned BF, the details should be revised to include concrete curb and gutter to comply with the zoning ordinance. The proposed access onto Trunk Highway 101 meets the required site distances . The applicant will be required to obtain an access permit from the Minnesota Department of Transportation. No access will be allowed onto Highway 169/212 . — y 4. Planning Commission January 14 , 1988 Page 2 Drainage The requirement of the curb and gutter for the parking lot/driveway area will necessitate the addition of catch basins at the low point in the driveway, and a spillway at the southeast corner of the parking lot. The applicant has provided for two ponding areas to help reduce sediments in the runoff. The applicant' s engineer shall provide the City with ponding calculations verifying adequate capacity for a 100-year frequency storm event, as well as maintaining the predeveloped runoff rate. Grading and Erosion Control The proposed grading plan will require the demolition of three existing structures. The material from the structures shall either be trucked off site or burned. If the latter option is elected, a burning permit will be required from the Department of Public Safety and the Pollution Control Agency. The plans also propose to remove a large portion of the trees on the east side of the site. The plans adequately address erosion control for the south side of the site. Due to the severe slopes on the north side of the property, the Soil Conversation Service has recommended that a drainage diversion be placed along the north side of the site to reduce erosion (refer to attachment 2) . To further aid in ero- sion control, seeding should be disc-anchored and placed no later than two weeks after grading has been completed. Recommended Conditions 1 . All septic system sites shall be staked and roped off prior to the commencement of any construction. Any traffic over these sites will require reevaluation of the sites . 2 . The applicant shall obtain an access permit from the Minnesota Department of Transportation and shall comply with all conditions of the permit. 3 . The approach onto Trunk Highway 101 shall be a maximum of 0 . 5% grade for a minimum distance of 50 feet. 4 . The driveway and parking lot shall have surmountable concrete curb and gutter. 5 . Catch basins shall be provided at the low point of the drive- way along with proper spillways in the parking lot. A revised plan shall be submitted for approval by the City Engineer. • 1- Planning Planning Commission — January 14 , 1988 Page 3 6 . Calculations verifying the preservation of the predeveloped runoff rate for the site and ponding calculations for a 100-year frequency storm event shall be provided to the City — Engineer for approval. 7 . Check dams (Type II Erosion Control) shall be placed at — 100-foot intervals along all drainage swales . 8 . Existing structures shall be disposed of properly. If debris is to be burned, the applicant shall obtain a burning permit from the Department of Public Safety and the Pollution Control Agency. On-site burial of debris is prohibited. 9 . Additional erosion control shall be placed along the north side of the site. A revised plan shall be submitted for approval by the City Engineer. — 10 . All erosion control measures shall be in place prior to the initiation of any grading and once in place shall remain in _ place throughout the duration of construction. The developer is required to make periodic reviews of the erosion control and make any necessary repairs promptly. All of the erosion control measures shall remain intact until an established — vegetative cover has been produced at which time removal shall oe the responsibility of the developer. 11 . Wood fiber blankets or equivalent shall be utilized to stabi- lize all disturbed slopes greater than 3 : 1 . 12 . Seeding shall be disc-anchored and shall commence no later than two weeks after slopes have been established. 13 . All detention ponds and drainage swales shall be constructed — and operational which includes all pertinent storm sewer systems to have the ponds functional prior to any other construction on the project. 14 . The applicant shall apply for and obtain permits from the watershed district, DNR and other appropriate regulatory agencies and comply with their conditions of approval. — 15 . Working hours shall be between the hours of 7 : 00 a.m. to 6 : 00 p.m. with no work allowed on Sundays or holidays . Attachments : 1 . Location Map 2 . Letter from the Soil Conservation Service 3 . Plans cc: Gary Warren, City Engineer United States i tet Soil 219 East rronta a Road iqC Department of Conservation Waconia, Minnesota 55387 Agriculture Service Subject: CUP #87-18, WAP #87-14 Date: January 5, 1988 To: Barb Dacy, City Planner File code: City of Chanhassen 690 Coulter Drive, P.O. Box 147 Chanhassen, MN 55317 Attached nie_;se find a soil map sheet showing the approximate plat boundaries. Single sheet soil descriptions are also included. Be sure to review these materials. This information is for general planning materials only; for site specific questions consult a qualified. soils engineer. The principle source of potential soil related difficulty is apparently slope. The general development approach seems correct. Revegetating disturbed areas will be critical and should be done at the earliest opportunity. Recommendations are as follows: 1. A temporary diversion along the entire upper slope above the grading site may prove very helpful in reducing gully damage to newly graded slopes and channels on the site. 2. The cut slope on the northwest corner and the channel on the east side will be the most difficult areas to re-establish into vegetation. Storm water runoff velocities for the design storm should not exceed 4.5 fps or vegetation will be very difficult to establish. Cut slopes and fill slopes should not exceed 3: 1. 3. The plan calls for putting the hay bales 6" below grade. The average size bale tends to be about 18" x 18" on the end. Does 1 ft. above grade give adequate sediment entrapment capacity? 4. Seeded areas should be mulched with an anchored mulch. Sod should be staked on sodded areas. Please call with yo - qu tions. /- CITY Of CHANHASSEN (4,( c810/, tanle�` Wendland JAN -6 7.2 District Conservationist CHANHASSEN PLANNING DEPT. Enc. OThe Soil Conservation Service ✓VIII�I is an agency of the v f United States Department of Agriculture r R RESOURCE ENGINEE ZING Roecr E. Machnieier. P.E. James L. Anderson. C.P.S.S. 19665 Neal Avenue 3541 Ensign Avenue, North Lindstrom. MN 55045 New Hope. MN 55427 — (612) 257-2019 (612) 593-5338 December 30, 1987 JoAnn Olsen , Assistant Planner City of Chanhassen Box 147 — Chanhassen , MN 55317 Re: Planning Case 87-18 CUP; Admiral Sanitation Dear JoAnn: This letter is in regard to the conditional use permit — request from Admiral Sanitation which involves the installation of an onsite sewage treatment system for both toilet and truck wash wastes . From the information provided to us by a site map , soil boring logs , and percolation test data , the proposed sites appear suitable for the installation of an onsite sewage treatment system for domestic wastes . The daily sewage flow is estimated at 450 gallons per day. This should be an adequate estimate for a full bathroom in the office and — one-half bath in the shop area unless there is excessive use of these facilities . The number of users of these facilities were not stated . It is also proposed that the wash and rinse water from a pressure truck washer be introduced into the sewage treatment system. We strongly recommend that this should — not be allowed , and that all car or truck washing wastes should be collected in a holding tank and hauled from the site to be treated in a facility that can handle such — wastes . The reason for this recommendation is that when trucks or cars are washed or are in a service bay, there is likely to be used engine oil , hydraulic fluid and other petroleum-based products containing hazardous wastes introduced into the drainage system. These materials will not be filtered or removed by the soil , and if they flow into a subsurface soil treatment system, they will percolate downward with the water through the soil and be a potential hazard for groundwater contamination . Many petroleum products contain PCB ' s and other toxic chemicals , which must be handled and treated in a manner that will prevent their introduction to the environment . ' SPECIALISTS IN ONSITE SEWAGE TREATMENT In addition to the service bay drainage and petroleum products, it is likely that during the winter, road chemicals will be washed from vehicles and introduced to the — drainage system. If these are discharged into a subsurface absorption system, the soil will not adequately treat these water soluble chemicals and they will also move downward with the percolating water and be introduced to the groundwater. To minimize the amount of liquid wastes generated by a car and truck washer and to minimize the amount that will need to be hauled from the site, an option that could be investigated is a water recycling system which we understand is used at some commercial car washes . Sincerely, ames L. Anderson, C.P.S .S . RESOURCE ENGINEERING JLA/jjm V . "a-` /V W r /J `I CITY OF CHANHASSEN WETLAND EVALUATION WORKSHEET — REFERRAL AGENCY COMMENTS COMMENTS /Lc : UtCapoy( 4/774, — S-t_ O o citiC/m+ii t yL � 'C/ - •;--'3.2,t,4,j) cyc a ak 7%.-P."-roX /roi- v o.0 a-t... 04 Z a...6.: a !/4- -t oA- cam, • c `—e.—L— 0 . iftv fts, p� — ,( RECOMMENDATION ( ( 1-) ,,_o -7, T� . V� L��- Cf 72-4- 2t ..4.- /2-�.r t r� C /� o<- /rL rk C71- 22 a C. 0./ i Q . V - DATE OF INSPECTION // /e r2 SIGNATURE - . `/2 CITY of cHANHAssEN 7690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Barbara Dacy, City Planner FROM: Steve Madden, Fire Inspector , DATE: November 30, 1987 SUBJ: Admiral Sanitation Plans Upon review of the plans for Admiral Sanitation, the following must be included: 1 . A fire lane must be installed around each building. This roadway must be 20 feet in width and have an all weather sur- face (Ord. 62-A, Section i0.207 ) . 2 . This building must be sprinkled (Ord. 82 ) . 3 . This building must have a heat and smoke detector system with a central dispatch (Ord. 62-A, 10. 301) . 4 . Lighted exit signs must be installed at all exits (Ord. 62-A, Life Safety Code 5-10 ) . 5 . A plan for storage of flammable and/or combustible material must be submitted to our office for approval. 6 . Emergency lighting must be installed (Ord. 52-A, Life Safety Code 5-9 ) . The items are required to insure early detection and suppression. 1/15/88 Update: Condition #1 is recommended to be removed since the topography of the site prohibits such an access drive. Because of the small size of the building and the fact that it is being sprinklered outweighs the need for an access drive. aarq Minnesota yo Department of Transportation — District 5 �¢ 2055 No. Lilac Drive FyTOF Ts.10 w Golden Valley. Minnesota 55422 January 15. 1988 (612)593_ 8403 Ms. Barbara Dacy, City Planner City of __ G 7",,e-.4sseni 690 Coulter Drive. P.O. Box 147 Chanhassen, MN 55317 Re: S.P. 1013/1009 - TH.212/101 - Plat Review of Admiral Sanitation located in the NE _ Quadrant of T.H.212 & T.H.101 in City of Chanhassen. Carver County Dear Ms. Dacy: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: - Mn/DOT owns access control along the south boundary of this plat and therefore no access to T.H. 212 will be granted. Note T.H. 212 is labeled as "Highway No. 169" on the plat. — • - The proposed access to T.H. 101 will require a permit and specific design details for the entrance can be worked out when application is — made for the permit. the entrance as proposed on the plat dated Dec. 29. 1937. appears to be acceptable. We do suggest that the approach grade to T.H. 101 be designed as flat as possible and 30' radii he used off of T.H. 101. - In the past. there has heen severe groundwater problems to the east of this area which has caused some roadway icing problems. Therefore, it is suggested that the de\elopment not he allowed to impact the existing wetland area. If you have any questions in regard to this review, please contact Evan Green at 593-3537. Thank you r your cooperation in this ;matter. Sine- 000P / M. Crawford. .'.E. _ District Engineer cc: Steve Keefe - Metropolitan Council Roger Gustafson - Carver County JAN 15 1988 CITY OF CHANHHSStN — An Equal Opportunity Employer - 7- To MAI I bUilL_C From A,1-1-1 of akt-i6,-,si K) Subject LepM 1 ta-AC, l iA-STS M A-K3A(� f�tl=ti1T- —no•arWaa !..4$ H'GD 16, E ■ .r ` 3 -1— EN Tl 0 lam- 1s1t)(MAL- Cz J ce-te b c,o QT 2-o L. d� ( �� 1161 Akita 20 LEMS Da?•:; t — 8 -SS Signed b i, REF!.s. NIS CITY OF CHANHIASSEN JAN A2ri - -Me a.aO - CHANHASSEA-piANNING-9EPt. Date— Signed Wilson.; S ones �i�::.� i��co!'r. R. =N Fir:;;COPY U GRAYNE FORM 44-902 PART R E ai-•E"= WHITE G19E3•PRINTED IN USA 44 8' ....,,,,..1 ;),,,. i.i ...:. Jo.I, iir, , • S 2 �, . jc.. ..• NV' 14-'''N. 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" _. _01.: .:-- ---- , , . . ____ _. .. .. , , _____14 CITY OF II "" 's-i.r CNAM-IASSEN ,...-- �,� 4 BASE Mar r I . ,L 6x/s7/N6 Lr _____ ______, . . : ., . , - ; e ecoo-72 C�7Jie' i . ` - - VA4Z)S W iV+ o • 1 •1, 'L` '� Mae"G� R> iS 1 11 \y. - 5 RlL1ARm K: r. �... 1 CHAM ASSfM ENGINEERING DEPT. ar.-�� ' ♦ - - T \ �.'`i & . •`...,.,ry _- i ..—__ ....-__ ; 411......4„Are--a; 11$ 0 me o'" ►H---- _ . , • , _ — , " UCArtrAi _ ........ i 1 r;.. ' t l ' i i 1 f .i 11 i i i i i i t hall be 6. Off:.cs quwi • 7, Retail shops 3. F ant rental reach lir: • p - 4. Screened outdoor storm :mined w 8. Miniature golf 5. Major auto repair arc v shops 9. State licensed day care center 5-13-5 Lot Requirements and Sere The following minimum requirements ram ve• 10 Car wash shall be observed in a"BG"'uistrict subject to additional requirements, upon any 11. Convenience store with or without gas pumps exceptions and modifications set forth in this Ordinance. 12. Personal service establishment I. Minimum Lot Area: 20,000 square feet. camping. 13. Liquor stores 2. Minimum Lot Frontage: 100 feet(except lots fronting on a cul-de- of osier- 14. Health services sac shall have a minimum 60 foot frontage in all districts). three (3) 15. Utility services 3. Minimum Lot Depth: 150 feet. a recrea 16.Shopping center 4. Maximum lot coverage: 700.'S.eser,the 17. Private clubs and lodges 5. Setbacks. Off-street parking areas shall comply with all yard re- te(31 sailIg.Community center quirements of this section,except that no rear yard parking setback stns,mil 19. Funeral homes shall be required for lots directly abutting railroad trackage;and, [on any 5.11.3 The following arc permitted accessory uses in a "1311" Oistrtct: no side yard shall be required when adjoining commercial uses mfi;alls. I. Signs establish joint off-street parking facilities,as provided in Section shall be -. Parking lots 7-1-7,except that no parking areas shall be permitted in any required •he stored 5.11-4 The following are conditional uses in a "1311" district: side street side yard. Minimum rear yard shall be 50 feet for lots - remiss, 1. Outdoor display of merchandise for sale directly abutting any Residential District.Side street side yards shall 2. Supermarkets be a minimum of 25 feet. • lot unless3. Small vehicle sales A. Front yard: 25 feet. as as least 4. Screened outdoor storage B. Rear yard: 25 feet. reacd on S-1 r-S Lot Requirements•and Setbacks.The following minimum requirements _ C. Side yard: 10 feet. nage.In shall be observed in a"BH"District subject to additional requirements, 6. Maximum Height: first dock exceptions and modifications set forth in this Ordinance. A. Principal Structure: three stories/40 feet etch adds- onaI. Minimum District Area in Acres:ten(10).(May be waived by con- _ -,shall be ditil user permit if expansion of existing district.) SECTION 14. "BF" FRINGE BUSLNESS DISTRICT 2. Minimum Lot Area: 20,000 square feet. 5-14-1 INTENT. Accommodate limited commercial uses without urban in width, 3. Minimum Lot Frontage: 100 feet(except lots fronting on a cul-de- services sac shall have a minimum 60 foot frontage in all districts). following g 5-14-2 The folowing are conditional uses in a "BF" district: ai ht-line 4. Minimum Lot Depth: 150 feet. 8 5. Setbacks. Off-street parking areas shall comply with all yard re- 1. Automotive service station without car washes feet.The 2. Truck/Trailer rental quirements of this Section,except that no rear yard parking setback 3. Utility services of length shall be required for lots directly abutting railroad trackage;and, 4. Outdoor display of merchandise for sale any• such no side yard shall be required when adjoining commercial uses 5. Cold storage and warehousing 5) feet in establish joint off-street parking facilities,as provided in Section 143 The following are permitted accessory uses in a "BF" district: 7-1-7,except that no parking areas shall be permitted in any required Y 1. Parking lots rovid- side street side yard.Minimum rear yard shall be 50 feet for lots 2. g SLakeshore ns directly abutting any Residential District.Side street side yards shall _14-4 Lot Requirementstand Setbacks.The following minimum requirements tack zone be a minimum of 25 feet. shall be observed in a"BF"District subject to additional requirements, • mon dock A. Front yard: feet. exceptions and modifications set forth in this Ordinance. xk other- B. Rear yard: ,2 0 feet. I. Minimum Lot Area: 20,000 square feet. C. Side yard: 10 feet. • 2. Minimum Lot Frontage: 100 feet(except lots frontingon a cul-dc- - e 6. Maximum Lot Coverage: 6590 g creational ' sac shall have a minimum 60 foot frontage in all districts). stage. No 7. Maximum Height: • 3. Minimum Lot Depth: 150 feet. - A. Principal Structure:two stories every 200 4. Maximum Lot Coverage: 40°'0. B. Accessory Structure: one story. 5. Setbacks. Off-street parking areas shall comply with all yard re- hich have SECTION 12. "CBD" CENTRAL BUSINESS DISTRICT quiranents of this Section,except that no rear yard parking setback .lot,shall 5.12.1 INTENT.Downtown business development supporting a strong central shall be required for lots directly abutting railroad trackage;and, he reaea-, business district while enhancing the overall character of the communi- ' no side yard shall be required when adjoining commercial uses ty in conformance with downtown redevelopment plan, goals and establish joint off-street parking facilities, as provided in Section nal beach objectives. 7-1-7,except that no parking areas shall be permitted in any required ance may 5-12-2 The following uses arc permitted in a "CBD" district: 1 side street side yard. Minimum rear yard shall be 50 feet for lots skimming 1. Bowling center ii directly abutting any Residential District.Side street side yards shall conform 2. Retail shops be a minimum of 25 feet in all districts. 3. Offices A. Front yard: 25 feet. tired both 4. Standard restaurants B. Rear yard:20 feet. -hundred 5. Liquor stores C. Side yard: 10 feet. rk,of not 6. Entertainment 6. Maximum Height: vhich has '7. Convention and conference facilities A. Principal Structure: one story ch lot ac- 8. Financial institutions +' t Accessory Structure: one sto . .nit under 9. Health care facilities SECTION IS. "01" OFFI . 'a INSTITUTIONAL DISTRICT es i d en ti al 10._Hotels 5-I5-1 INTENT. Public or quasi-public nonprofit uses and professional, 11.Specialty retail (including but not limited to jewelry, book, sta- business and administrative offices_ aft.where tionery, bible, camera, pets, arts and crafts, sporting goods) 5-15-2 The following uses arc permitted in an "01"district: ter/Deco- 12. Supermarkets I. Schools nun rpt 13. State licensed day care center as part of shopping center 2. Churches 14. Personal service establishments 3. Public buildings ads,and 15. Shopping center 4. Post office 'roved by 16. Health and recreation clubs 5. Fire station 17. Fast food restaurants as part of shopping center 6. Library s: 18. Utility smites 7. Museum tr arterial 19. Personal services 8. Health services/hospitals • _ . . t11 not be 20. Apparel sales 9. Nursing homes - 21. Bars and taverns 10. Community center 22. Oubs and lodges II. Public recreational facilities I acres of 2.3. Convenience stores without gas pumps 12. Utility services 24. Cultural facilities 13. Professional, business,and administrative offices station. 25. Department stores 14. Funeral home .• .. 26. Home furnishings 5-15-3 The following are permitted accessory uses in an"01"district: ;le family 27. Newspaper offices 1. Parking lots 28. Multiple family dwellings, including senior citizen housing 2. Signs f 29. Print shops 5-15-4 The following are conditional uses in the "OI"district: id service 30. Community center I. Adaptive reuse of vacant public or private school buildings for - 31. Hardware goods private business uses. 5-12-3 The following are permitted accessory uses in a "CBD" district: 5-15-5 Lot Requirements and Setbacks.The following minimum requirements 1. Parking lots and ramps shall be observed in a"01"District subject to additional requirements, 2. Signs exceptions and modifications set forth in this Ordinance. 5-12-4 The following are conditional uses in a "CBD" district: I. Minimum Lot Area: 15,000 square feet. 1. Temporary outdoor display of merchandise for sale 2. Minimum Lot Frontage:75 feet (except lots fronting on a ail-dc- 2. Freestanding fast food restaurants sac shall have a minimum 60 foot frontage). 3. Farmer's Market 3. Minimum Lot Depth: 150 feet. 4. Convenience store with gas pumps 4. Maximum lot coverage:659. 5-12-5 Lot Requirements and Setbacks-The following minimum requirements 5. Setbacks. Off-street parking areas shall comply with all yard re- shall be observed in a"CBD"District subject to additional requirements, quirenenu of this Section,except that no rear yard parking setback /3' exceptions and modificarrona ret forth in this Ordinance. shall be required(or lots directly abutting railroad trackage;and, �IIk Jl i„1,. at lots fronting on a cul-de-sac shall • 2. Storage building cur::^._i. ;r,,Jcr, ienL tee reailun"ii vehl Min;st•tbadc line)... 3. Swimming-/-. �- erected,m;lnitatned or stored upon env r 4. Tennis cou( C. Nu boat,trailer, motor vehicle. mcluc S. Homeopa cars. trucks.motorcycles.motorized ni - 6. occupations 7. One dock title or snowmobile shall be driven up. 5-8-4 The following are conditional uses in an "R-12"district: recreational beach lot. I. Health etre facilities D. No recreational beach lot shall be used 2. Day pre center E. Boat launches arc prohibited. stories/40 feet. 3. Boarding houses F. No recreational beach lot shall be user. -c stories/40 feet. 4. Group home serving from seven to sixteen persons night storage or overnight mooring o 1: 5. Recreational beach lots motorized or non-motorized watercraf• 6. Temporary real estate office and model home ''coal brach lot is allowed more than o 7. Churches allowed number 01 boats may be cluster 5-8-5 Lot Requirements and Setbacks.The following minimum requirements boat moorings shall also be allowel.Ca - Y RESIDENTIAL DISTRICT shall be observed in an "R-12" District subject to additional re- boa,0s,and small sail boa's may he std al subdivisions. quirements,exceptions and modifications set forth in this Ordinance. recreational beach lot if they are store. in an "RSF" district: -1. Lot arra:7,500 square feet per dwelling for two-family dwellings; designed for that purpose.No more ma 3,600 square feet per dwelling unit for townhouses and multi-family allowed per dock:No more than sut(6)w a dwellings on a rack.Docking of other watercraft c -•r for twelve or fewer children 2. Lot Frontage:50 feet per dwelling unit for two-family dwellings(ex- ble at any time other than overnight. wing six or fewer persons cet that lots fronting on a cul-de-sac shallin w be 50 feet idth at G. No dock shall be permitted on any recce. Dit has at least 200 feet of lake frontage • _the building setback line for two-family dwellings) a 100 foot depth.No more man one d and model home 150 feet for townhouses and multiple family projects. nsory uses in an "RSF" district: 3. Lot Depth: 155 feet. a recreational beach lot for every 200 ft 4. Maximum Lot Coverage: 35%o addition.30,000 square feet of land is ret and an additional 20,000 square feet is: S. Setbacks: tional dock.No more than three(3)do . A. Front yard:25 feet. erected on a recreational beach lot. B. Rear yard: 25 feet. H. No recreational beach lot dock shall ease C. Side yard: 10 feet. . and no such dock shall exceed the gr 6. Maximum Height: lengths: (a) fifty (50) feet or, (b)the A. Principal Structure: three stories/40 feet. distance necessary to reach a water dep• B. Accessory Structure: one story/15 feet. es in an"RSF"district: • width(but not the length)of the cross-e SECTION 9. STANDARDS FOR CONDITIONAL USES IN shaped dock shall be•included in the• ovisions of the horse ordinance AGRICULTURAL AND RESIDENTIAL DISTRICTS described in the preceding sentence.Th - 5-9-1 In addition to the standards required by 3-2-3,the following standards dock shall not measure in excess of t nimum lot size of five acres. shall apply to the conditional uses listed below: length. the following minimum requirements I. Bed and Breakfast Establishment 1. No dock shall encroach upon any dock ' District subject to additional re- A. Two(2)off-street parking spaces plus one(I)additional space ed,however, that the owners of any. tications set forth in this Ordinance. per rental room must be provided; sites may erect one common dock with': B. There shall be no more than one employee in addition to the appurtenant to the abutting lakeshore sir that lots fronting on a cul-de-sac shall residents; is the only dock on the two lakeshore sit: ilding setback line). C. Establishment must be owner occupied; wise conforms with the provisions of D. There shall be 5 or less rooms for rent;and J. No sail boat mooring shall be permits 11 structures and paved surfaces:25?.. E. The rooms shall not be rented for more than 7 consecutive days beach lot unless it has at least 200 fee - to the same person(s). more than one sail boat mooring shall 2. Group Homes for 7-16 Persons feet of lake frontage. A. The structure must be in compliance with the state licensing K. At least eighty percent(80n)of the dw - requirement; appurtenant rights of access to any recr B. The structure must be in compliance with local building and be located within at least one thousand( --a stories/40 feet. fire codes; tional beach lot. re stories/40 feet. • C. The site will be reviewed annually through a public hearing pro- L. All recreational beach lots, including NSITY RESIDENTIAL DISTRICT ass;and lots established prior to the effective dat ted residential development at a max- D. Septic systems must be in compliance with Ordinance No.10B, be used for swimming beach purposes ig units per acre. Individual Sewage Treatment Systems. areas are clearly delineated with marke -i in an "R-4"district: 3. Commercial Kennels, Stables and Riding Academies to United States Coast Guard stands: A. The structure must be in compliance with Horse Ordinance No. M. Each recreational beach lot shall have. • 56; at the ordinary high water mark and . 1 open space B. The site must be located on a collector street;and (100)feet landward from the ordinary. ewer persons • C. The structure must be a minimum of 200 feet from wetland less than four(4)lineal feet for each. _r for twelve or fewer children area.�.k appurtenant rights of access to the re r . Contractor's Yard 1truing to the owners or occupants of t std model home A. Five acre minimum lot size; applicable rules of the homeowner as rasory uses in an"R-4"district: B. All storage and yard areas as well as buildings must be set back housing developers. 100 feet from public or private road nghtof-ways and 500 feet N. Overnight docking,mooring,and stors - • 1 from an adjacent single family residence; allowed,is restricted to watercraft ow: C. The site must be located along a collector or minor arterial as pant or renter/occupant of homes whict • identified in the comprehensive plan; of access to the recreational beach 10' D. All outdoor storage areas must be completely screened by 100?' O. The placement of docks,buoys,diving opaque fencing or berming; other structures shall be indicated on. - •-.--- '• E. No two contractor's yards shall be located within one mile of the City Council. _ es in an"R-4"district: " ' each other:- • -' ' 13. Ekctzical substations subject to the follow F. Hours of operation shall be from 7 o'clock a.m.to 6 o'clock A. The substation must be served by a co p.m.,Monday through Saturday only(work on Sundays and street as designated in the Comprehe holidays not permitted); B. The substation will not have sanitary' G. Light sources shall be shielded; and used for habitation. _ rhe following minimum requirements No outside s eaker C. The substantion will be located on a rict subject to additional requirements, 5. Commerna ommumcation Transmission Tower Property forth in this Ordinance. • A. Transmission towers not designed to collapse progressively shall D. A six (6)foot high security fence sur detached single-family dwelling unit; be set back from all property lines a minimum distance equal E. A landscaping plan be submitted for -ia for two-family dwellings. to the height of the tower. F. Substations shall be a minimum of 50t -le-family dwelling;50 feet per dwell- 6. Wholesale Nursery residences. tgs(except that lots fronting on a cul- A. The site must be on a collector street or minor arterial as Iden- SECTION 10. "BN" NEIGHBORHOOD BUSENE at the building setback lines for single- tified in the comprehensive plan; 5-10-1 INTENT. Limited low intensity neighburt for two-family dwellings. B. Five acre minimum lot size; establishments to meet daily needs of resider. G. All storage and yard areas as well as bulildings must be set back 5-10-2 The following uses are permitted in a"BN" -1 structures and paved surfaces:30%. 1(X)feet from public or private road right-of-ways and 500 feet 1. Convenience stores without gas pumps from an adjacent single family residence; 2. Neighborhood oriented retail shops D. The sot must be located along a collector or minor arterial as 3. Self-service laundries identified in the comprehensive plan; 4. Dry leaning and laundry pick-up statior E. All outdoor storage areas must be completely screened by 100°5 S. Day care center - opaque fencing or berming; 6. Personal service establishments fe stories/40 feet. F. Hours of operation shall be from 7 o'clock a.m.to 6 o'clock 7- Professional offices e story/1S feet. p.m.,Monday through Saturday only(work on Sundays and 8. Small appliance and shoe repair shops 4 DENSITY RESIDENTIALholidays not permitted); 9. Health services 10. Veterinary dines owners shall be determined by the Zoning Administrator from tecting an am M live i51 acro or less, notice of the hearing shall be "'•""� -'- «cordsmailed at least ten(10)days netore the date of hearing to each owner than fitly per ma provided• by the applicant. + Y A nortcon�r 3,' Decisions of the Board. The Board sh I npowered to decide of property within the area 0-- sed to be changed and owners of pro- appeals and grant variances only whe,ks .cision of the Board petty situated wholly or t s within five hundred(500)feet of the degree ma K is by a unanimous vote. property to which the amid- nest relates. The failure of a property vided tits A simple majonty vote or split vote by the Board shall serve only owner to receive notice as specified herein shall not invalidate the public damage ai.,o as a recommendation to the City Council,who shall then make the hearing or the amendment proceeding.Where appropriate,notice shall a single-fami: final determination on the a also be given to affected homeowner's associations. 3-5-7 Normal Ivan ppeal or variance request within thirty (30)daysafter receipt of the Board's action. If a development is proposedadjacentg s Perm[[[ p to a lake or will affect the usage 3-5-8 Issued Pc it The Board shall act upon all appeals and variance requests within of the lake,the applicant shall provide the City with a list of property fifteen(15)days after the date of the close of the required hearing. owners abutting the lake at the time of appliction.The City shall pro- plans,con- 4. Appeal from Decisions of the g- vide mailed notice to the lake homeowners as in compliance with the a building per Board.Any person or persons,a grieved by any decision of the Board,including the applicant or anyance, according person owning property or residing within five hundred (500)feet homeowners, the date c s of the property to which a variance application relates,may appeal 3-3-4 Commission Action. Following conclusion of the public hearing held such decision to the CityCouncil byfilingan appealby the Planning Commission, the Commission shall report its findings 3-5-9 Status of a with the Zon- PDevelopments ing Administrator within ten(10)days after the date of the Board's and recommendations on the proposed amendment to the Council. If decision.The procedure governinga no report of recommendation is transmitted bythe Planning Commis- development i appeals to the Board shall also the use or govern appeals to the Cit Council. sion within sixty(60)days following referral of the amendment to the Commission, the Council maytake action on the amendment without deemed al S. Council Action. By majority vote, the City Council may reverse, ed as a cc affirm or modify,wholly or partly,the decision appealed from the awaiting such recommendation. not received a Board,and to that end the City Council shall have all the powers 3-3-5 Council Action. Following Planning Commission consideration or to of the Board.The Council shall decide all appealsthe expiration of its reviewperiod, the Council mayadopt the amend- ing if they me within thirty(30) P - days after the date of the required hearing thereon. merit or any part thereof in such form as it deems advisable,reject the SECTION 6.-SI- 6. Denial.Variances may be denied by the Board and the Council,and amendment, or refer it to the Planning Commission for further 3-6-1 Approval such denial shall constitute a finding and determination that the con- consideration. mendation SECTION 4. BUILDING PERMITS,CERTIFICATES OF OCCUPANCY, plan applicatic ditions required for approval do not exist. 7. Action Without Decision.If no decision is transmitted by the Board FEES ly districts_ c to the City Council within sixty(60)days from the date of an ap- 3-4-1 Building Permits. sion of a I c peal or variance request is filed with the Zoning Administrator,the 1. No person shall erect, construct, alter, enlarge, repair,move or of use,inc remove,any building or structure or part thereof without first secur- quire site a Council may take action on the request,in accordance with the pro- cedures governing the Board,without further awaiting the Board's ing a building permit. 3-6-2 Exceptions. T decision. 2. An application for a building permit shall be made to the City on approval: _ • a form furnished by the City.All building permit applications shall 1. Constr tr-STC---TION 2. CONDITIONAL USE PERMITS be accompanied by a site plan drawn to scale showing the dimen- tial bu 3-2-1 Purpose.Conditional uses include those uses which are not usually allow- 1 sions of the lot to be built upon and the size and location of any 2. Enlarg.._e ed within the zoning district,but which may under some circumstances existing structures and the building to be erected,off-street parking floor area, be suitable.The applicant shall have the burden of proof that the use and loading facilities and such other information as may be deem- vided that is suitable and that the standards set forth in this Section have been met. ed necessary by the City to determine compliance with this and other 3. Changs 3-2-2 Application, Public Hearing, Notice and Procedure.The application, land use ordinances.No building permit shad be issued for activity change public hearing,public notice and procedure requirements for conditional in conflict with the provisions of this Ordinance.The City shall issue result i r use permits shall be the same as those for amendments as provided in a building permit only after determining that the application and 3-6-3 Application.A Article III,Section 3 except that the permit shall be issued on the af- plans comply with the provisions of this Ordinance, the State ty Planner on firmative vote of a majority of the enure Council. Although specific Building Code and other applicable law and ordinances. weeks in air submissions required to complete an application for a conditional use 3. If the work described in any building permit is not begun within to be consi 'c permit may vary with the specific use and the district in which it is ninety (90) days or substantially completed within one (1) year 1. Evidem s located,all applications for such permits must include at minimum a following the date of the issuance thereof,said permit may become 2. The applict site plan that clearly illustrates the following:proposed land use building void at the discretion of the Zoning Administrator upon submis- 3. Complete s: mapping and functions,circulation and parking areas, planting areas sion of documented evidence. Written notice thereof shall be landsca-•t and treatment,sign locations and type,basic lighting concerns,the rela- transmitted by the City to permit holder, stating that activity follows tionship of the proposed project to neighboring uses,environmental im- authorized by the expired permit shall cease unless and until a new A. GI E pacts and demand for Municipal services. building permit has been obtained. I) N: 3-2-3 Standards.The Planning Commission shall recommend a conditional 3-4-2 Certificates of Occupancy. 2) N; use permit and the Council shall issue such conditional use permits only I. In accordance with the Uniform Building Code,a certificate of oc- -h if it finds that such use at the proposed location: cupancy shall be obtained before:(i)any nonagricultural building, 3) e I. Will not be detrimental to or endanger the public health,safety,corn- except an accessory building,hereafter erected or structurally altered 4) fort,convenience or general welfare of the neighborhood or the City. is occupied or used;and(ii)the use of any existing nonagricultural shs 2. Will be consistent with the objectives of the City's Comprehensive building,except an accessory building, is changed. 5) Vi. Plan and this Ordinance. 2. Application for a certificate of occupancy shall be made to the City -e 3. Will be designed, constructed, operated and maintained so to be as part of the application for a building permit.A certificate of oc- r compatible in appearance with the existing or intended character of cupancy shall be issued by the City following completion of the 6) e the general vicinity and will not change the essential character of building permit activity and a determination that the building and Cur that area. its proposed use complies with this Ordinance and the provisions cy 4. Will not be hazardous or disturbing to existing or planned neighbor- of any permit issued pursuant hereto.To the extent practicable a 7) sic ing uses. certificate shall be issued within ten(10)days after the completion 8) 1: 5. Will be served adequately by essential public facilities and services, of a building permit activity_The City may issue a temporary cer- including streets, police and fire protection, drainage structures, tificate of occupancy for a period not to exceed six(6)months when b) - refuse disposal,water and sewer systems and schools;or will be serv- work pursuant to a building permit is in progress.A certificate of • c) ed adequately by such facilities and services provided by the per- occupancy shall also constitute a building code certificate as required sons or agencies responsible for the establishment of the proposed by Minnesota Statutes 16.851. use. 3.4-3 Fees.Fees and charges for processing applications shall be established 6. Will not create excessive requirements for public facilities and ser-• by resolution of the Council. a) vices and will not be detrimental to the economic welfare of the 3-4-4 Grading and Erosion Control. community. I. Whenever deemed necessary, a satisfactory erosion control and 1a1 7. Will not involve uses,activities,processes,materials,equipment and grading plan must be approved by the City Engineer before a conditions of operation that will be detrimental to any persons,pro- building permit is issued for construction.Said plan is to address perty or the general welfare because of excessive production of traf- on-site grading activities as well as protection of adjacent slopes, ii 7,37 tic, noise, smoke, fumes,glare, odors, rodents, or trash. streets, lakes, ponds, drainageways, wetlands, and developed 8. Will have vehicular approaches to the property which do not create property. B. SITS P „IL., traffic congestion or interfere with traffic on surrounding public 2. A satisfactory grading and erosion control plan shall provide spot 1) •7-jf" thoroughfares. elevations of proposed grades in relation to existing grades onthe 9. Will not result in the destruction, loss or damage of solar access, subject property and adjacent land.Areas where the finished slope natural, scenic or historic features of major significance. will be steeper than five(5)units horizontal to one(1)vertical shall cies 10. Will be aesthetically compatible with the area. be specifically noted.Also,locations of erosion control(staked hay 2) Gin s 11. Will not depreciate surrounding property values. hales or reinforced silt fence)shall be clearly labeled. - i -, ' .• 12. Will meet the standards prescribed for certain uses as provided in 3. Every effort shall be made to minimize disturbance of existing ATTfCie V, Section 5-9 and 5-17. ground cover.No grading or filling shall be permitted within forty • ,3-2-4 Conditions. In reviewing applications for conditional rants,the (40)feet of horizontal distance to the ordinary high water mark of 3) All J'•r'• planning Commission and the Council may arta reasonable condi- a water body unless specifically approved by the City. Also, to ing• 'z.."i� '. 'tions to mitigate anticipated adverse impacts associated with these uses, minimize the erosion potential of exposed areas, restoration of :~r + to protect the value of other property within the district,and to achieve ground cover shall be provided as quicklyas L the goals and objectives of the Comprehensive Plan.Such conditions possible after comple may include, but arc not limited to, the following: tion of the grading operation. , 4. Every effort shall be made during the building permit application 4) Veh • 1. Controlling the number,area.bulk,height and location of such uses. process to determine the full extent of erosion control required. sion 2. Regulating ingress and egress to the property and the proposed strut- However,the City Engineer snail be tures thereon with particular reference to vehicle and pedestrian safe- B empoweredblis asrore additional • 1 • controls to correct specific site related problems normal inspec- t 7-Pla17- Planning nning Commission Meeting May 13 , 1987 - Page 14 Erhart moved, Siegel seconded that the Planning Commission recommend that telephone equipment buildings be regulated as a conditional use with the following conditions : 1. The site must provide landscaping as required in Article VIII, Landscaping and Tree Removal Regulations. 2. The driveway surface shall be surfaced with a hard, all-weather, dust free, durable surfacing material and concrete curb. 3. The applicant shall receive access permit from the regulating party. 4. The building shall meet all setbacks of the district in which it is located. 5. The building exterior shall be architecturally consistent with the surrounding neighborhood. All voted in favor except Wildermuth and motion carried. Wildermuth: I don't think it really has to come before the Planning Commission and go through the public hearing process or go before the City Council. I think it' s an essential use and should be a permitted use. Conrad: We're assuming that these equipment buildings have no cables coming overhead. They are all buried at this time? Bob Docken : They' re buried . ZONING ORDINANCE AMENDMENT TO AMEND ARTICLE V, SECTION 14, BUSINESS FRINGE DISTRICT TO ALLOW CONTRACTOR'S YARDS AS A CONDITIONAL USE, PATRICK AND NANCY BLOOD. Barbara Dacy presented the Staff Report on this Zoning Ordinance Amendment . Patrick Blood: I would like to just say one thing. We're pretty new at this and we would like to have that spot for the simple reason that contractor's yards have a habit of having sore eyes. Junkyards and stuff like this. We don't intend to do that with that piece of property. We realize that's sort of a gateway and a leaving area for Chanhassen and Chaska and Shakopee being right there in that corner so we do intend to make it nice. Everything inside storage or landscaping to reduce any sight that might be distasteful to anybody. Em mings moved, Siegel seconded to close public hearing. All voted in favor and motion carried . - r- • Planning - Planning Commission Meeting May 13 , 1987 - Page 15 Headla: On the recommendation, the previous one, didn't we spell out explicitedly there was no vehicle repair? Dacy: You mean on the previous conditional use permit for a contractor's yard? Headla: Yes. We were concerned about that. We felt that that shouldn't allow vehicle repair . — Dacy: I don ' t recall that specific conditional use. Headla: I am concerned about the certain terms of vehicle repair and I would like to see something in our recommendation about that. Conrad: Do you associate that with this particular request? You're concerned with the fringe business district in general, not this particular. . . Headla: For this particular type of operation, I think just the nature of it is suspectible to breakdowns and I'm concerned that we don't all of a sudden start a major repair for vehicles in that area . Siegel: We allow service stations already in that area so you can't restrict somebody else from making repairs to a vehicle when you have a business allowed in there that is exclusively doing that. — Headla : I'm concerned about repairs like that. If they do on continuously, I think we ought to put a condition about that. — Siegel : I'm just making the point that we already allow these service stations in this district. Headla: Who was notified of this? Were adjacent landowners? The people up on the hill , were they notified? Dacy: They would be notified if we had a specific application. After this is approved, the applicant will have to file a site plan and go through the conditional use permit process then people within 500 feet of the property will be notified of that. Headla : So it will come back in here? Okay. Wildermuth: I don't have any problem with including the contractor's lots in the business fringe. Siegel : I have nothing to add. Emmings: I don't have any questions. I agree with the Staff's recommendations . Erhart: Is that storage area that's screened 100%, that doesn't request • Planning Commission Meeting May 13 , 1987 - Page 16 anybody though in the area that they're using during the day to do the repairs and back and forth with the trucks coming and going, there's nothing that really requires landscaping . Dacy: In our past applications we have requested them to outline what is a storage area and we have required a landscaping plan along with that. Erhart : You don ' t think you need to have that in there? Dacy: No. Erhart: Okay, then the only comment is, I think for the benefit of the applicant and the City getting abused, where you are proposing to put this and probably use the TH 101 bridge under the railroad tracks. I'm not trying to mold what you're trying to do along TH 101 bridge. The TH 101 bridge is our problem but the City needs to recognize that this is a growing area. Are you planning on driving the trucks under the bridge? Patrick Blood: Only if it's acceptable. The only thing that might restrict it, as far as I know, might be the weight restrictions on that particular road . Nancy Blood : We will consider a majority of the time using TH 212. The only time we might use TH 101 is when Canterbury Downs has it completely blocked off. Otherwise , TH 212 is better for us . Patrick Blood: We have been considering that we might be able to talk to the DOT and get access off of TH 212 . Now we haven ' t proceeded that far . Erhart: Other than that, my only comment is that we have to get a trail easement along there. Conrad : I don ' t have any comments . I think it ' s a good staff report. Siegel moved, Wildermuth seconded that the Planning Commission recommend approval of Zoning Ordinance Amendment Request #87-2 to amend Article V, Section 14 (2) to include contractor's yards as a conditional use subject to the standards established in Article V, Section 9 (4) . All voted in favor and motion carried. CONDITIONAL USE PERMIT FOR A RECREATIONAL BEACHLOT ON PROPERTY ZONED A-2, AGRICULTURE ESTATES AND LOCATED AT THE NORTHEAST CORNER OF TH 101 AND CR 14 (PIONEER TRAIL) , GEORGE NELSON. Jo Ann Olsen presented the Staff Report on this item. Wayne Tauer : I guess all I want to point out is just some minor differences that might be. The siltation basin as it exists on that particular plan right there is not necessarily an open area. Basically that whole area is fairly heavily wooded. I think our intent is to site that as best we can by - E , . (- , - f- City Council Meeting - June 15, 1987 — be a nice amenity. That we're not just looking at making a dry spot. 1--- Joel Cooper: Can I address your question about the wetland? My name is Joel Cooper from Pioneer Engineering. The intent is we're going to open up, the surface area is going to be exactly the same to what's there now. Presently — that wetland is not full of water. What we're going to do is we're going to go in and open it up so there can be some open water in there which will be super for wildlife nests or something similar to that. Barring dry weather — like this it should be wet. Pat Swenson: Would there be any advantage Gary in putting a collar around the _ lake area during construction? Mayor Hamilton: That's already in there. • Councilman Johnson: That's number 4, floating siltation fence. Councilman Johnson moved, Mayor Hamilton seconded to approve the Lake Riley — Woods plans and specifications with conditions 1 through 8 from the City Engineer's memo with the following amendment to condition number 9: 9. The developer shall incorporate a revised Grading and Erosion Control — Plan incorporating conditions 1 through 8 above and approved by the City Engineer as a part of the construction documents. All voted in favor and motion carried. — CONSENT AGENDA: ZONING ORDINANCE AMENDMENT ESTABLISHING CONDITIONS FOR _ RECREATIONAL BEACHLOTS IN AGRICULTURAL DISTRICTS, FINAL READING. Councilman Boyt: In our Minutes from the last meeting the ordinance as it was typed was different from what we stated in our Minutes and I would simply like — to make the two compatible and I think the difference was roughly along the lines that when a rural beachlot came under a urban designation that it would be considered under those standards. Clark worded it a little better than that but that's the intent. That's my only comment. Councilman Boyt moved, Mayor Hamilton seconded to correct the Zoning Ordinance Amendment Establishing Conditions for Recreational Beachlots in Agricultural Districts to accurately follow as stated in the Minutes of the City Council meeting June 1, 1987. All voted in favor and motion carried. Councilman Boyt moved, Mayor Hamilton seconded to approve the Zoning Ordinance Amendment Establishing Conditions for Recreational Beachlots in Agricultural Districts, Final Reading. All voted in favor and motion carried. .4 ZONING ORDINANCE AMENDMENT TO ALLOW CONTRACTOR'S YARDS AS CONDITIONAL USES IN jd" N.THE BUSINESS FRINGE DISTRICT, PATRICK BLOOD AND NANCY LEE. — Barbara Dacy: The Council directed Staff to notify surroudning property owners. That was done. Some property owners may be here tonight. — 16 City Council Meeting - June 15, 1987 —- IT Mayor Hamilton: Is there anyone here from the public wishing to speak on the Zoning Ordinance Amendment request to allow a contractor's yard as a Conditional Use in the BF, Business Fringe District and specifically a request by Patrick and Nancy Blood? Anyone wishing to speak on this? No one. Okay, they were duly notified and there is no one here. "" Councilman Johnson: The only modification I was speaking about last time was on water and waste water. Trying to assure that we don't have within this district is only rural without sewer so we want to make sure we don't have — large truck washing with washing the interior of the trucks or any other type of contractor usage that has a large water flow that is not appropriate for septic systems. I'm trying to figure out how we would say that. Mayor Hamilton: In watching another operation in the BF, that one that's down on Merrill's property, they wash their trucks but they are actually more concerned with washing the motor and just the outside. I never saw them wash — the inside. They just want to get the dirt off. Councilman Horn: They don't go into any septic system with that anyway do — they? Mayor Hamilton: No, it just runs in the ground. — Barbara Dacy: If I can respond to what you want to control. Under Article III, Section 2(5), one of the conditions under the review powers of the Council is that the use will be served adequately by essential public — facilities and services including streets, police, fire, etc. or will be served adequately by such facilities and services provided by the person or agencies responsible for the establishment of the proposed use. So it specifically says water and sewer systems so that also could be incorporated into the conditional use. Councilman Johnson: Okay, so we've got it covered by other sections. Mayor Hamilton: What's our normal review period? A year? Barbara Dacy: The Council can require an annual review period for a Conditional Use Permit. __ Mayor Hamilton: I would make in this case, unless it's something that's new, make it one condition on my motion that it be reviewed in a years time. Barbara Dacy: Okay, so you're saying anytime you have a contractor's yard in — the BF District, you want it reviewed on an annual basis? . Mayor Hamilton: I'm sorry, I guess I was thinking more of a specific use. I'm jumping ahead of myself. 1 s Mayor Hamilton moved, Councilman Geving seconded to approve the Zoning Ordinance Amendment to allow Contractor's yards as a Conditional Use in the Business Fringe District. All voted in favor and motion carried. — 17 k LAND DEVELOPMENT APPLICATION CITY OF CHANHASSEN • - 699 Coulter Drive f t Chanhassen, MN 55317 (612) 937-1900 V - _ 1 — . P2ACgi_LCC APPLICANT: �nntr�atvJ� s� 1� rceER:' �P<VC�4tE ; - ADDRESS ?;74-? 5 TFmAP - P-.4,4L-ADDRESS pJ,.yl-e- F .N PRA(_ -lam, Nkt P`s3 Li LS. - TELEPHONE (Daytime) p ade Zip Code G `�- �,Qv TELEPHONE erf2. YY\rr, REQUEST: Zoning District Change Planned Unit Development Zoning Appeal Sketch Plan Preliminary Plan Zoning Variance Final Plan ` Zoning Text Amendment Subdivision Land Use Plan Amendment Platting - ;Xc Metes and Bounds Conditional Use Permit Street/Easement Vacation Site Plan Review - \� Wetlands Permit PROJECT NAME - , PRESENT LAND USE PLAN DESIGNATION REQUESTED LAND USE PLAN DESIGNATION - PRES ENT ZONING F1211VOnE t�� ( IN-1F.S V\)1�--- -t\-C--t- CC:2- i:-� REQUESTED ZONING tc, c. 1p..i•-JQ,e--: USES PROPOSED Ce_r-3Ac-c-C.s�s `1pc.p_._ - SIZE OF PROPERTY 5 p,Cc=2. C,F:- 1�_ 1In P,Cf LOCATION r r_ _ Lr'� tiS ' ` - REASONS FOR THIS REQUEST -_-a 4m 2 \s�1 oy P�oP �E. �J LEGAL DESCRIPTION (Attach legal if necessary) , City of Chanhassen Land Development Application 'Page 2 FILING INSTRUCTIONS : 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 City Planner to determine the specific ordinanceand procedural requirements applicable to your application. q FILING CERTIFICATION: The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all applicable City Ordinances . Signed By Date Applicant The undersigned hereby certifies that the applicant has been authorized to make this application for the property herein described . • Signed By Date 0 ner \\ Ilio r o •L G�.� � • . l - `i i l� Date Application Received �1 Application Fee PaidIl�/! r j 1I City Receipt No. * This Application will be considered by the Planning Commission/ Board of Adjustments and-Kppeals at their meeting . • Planning Commissfbn Meeting January 20, 1988 - Page 19 Conrad: I don ' t think we' ll make it that way. Kevin Winchell : It looks like having just one driveway is going to be the most reasonable thing to me. You can ' t go private off the back and you can ' t go to the street. Dacy: The motion from the Commission failed and staff will work with the applicant between now and the Council meeting to see if there are other alternatives available. Conrad: We've never had this situation where we had this . Dacy: It did happen once before at TH 7 and TH 41 three years ago. _ Olsen: In the staff update, I usually pass on any comments . Conrad : I think from Robert ' s Rules of Order , we can carry this forth — to City Council . We 've conducted the public hearing. The Planning Commission didn ' t really have a motion on it . There was no one consensus . Dacy: The motion to deny failed . Conrad : But that doesn ' t automatically say it was approved. Jay Johnson : Move to send it to the City Council without a recommendation. Conrad: That 's a good idea , thanks . Batzli moved , Emmings seconded that the Planning Commission sends no recommendation on Subdivision #88-1. All voted in favor and motion carried. Conrad: I do believe that our comments were pretty clear in terms of I don ' t think we need to repeat why we voted as we did unless somebody feels real opinionated . Dave, do you want to put a footnote in on this to save the tree? Headla : The tree is mandatory. It 's one of the top 30 trees . _ Ellie Schwaba: We always wanted the tree. Headla: I can see why you want it . We ' ve got to get to some other people to realize the trees got to stay there. NANCY LEE AND PATRICK BLOOD, PROPERTY LOCATED ON THE NORTH SIDE OF TH 212 AND EAST SIDE OF TH 101 , ZONED BF, FRINGE BUSINESS DISTRICT: A. CONDITIONAL USE PERMIT FOR A CONTRACTOR' S YARD ON 13 ACRES . B. WETLAND ALTERATION PERMIT TO CONSTRUCT A DRIVEWAY THROUGH A CLASS A WETLAND. Public Present: 4 Planning Commission Meeting January 20, 1988 - Page 20 Nancy Lee Applicant Patrick Blood Applicant Jim Sellerude 730 Vogelsberg Road Art Partridge 6280 Hummingbird Road Barbara Dacy presented the Staff Report on the Conditional Use Permit and Wetland Alteration Permit. Patrick Blood: Just one thing I 'd like to bring up. A lot of people think contractor 's yards and garbage trucks and stuff like this . I do want to make one simple point . Our company is tending to go to the smaller garbage trucks for customers with road restrictions and stuff like this so a majority of our trucks will be not more than 1 1/2 to 2 ton trucks with a 6 yard packers . . . Jim Sellerude, 730 Vogelsberg Trail: I live at this location here and I don ' t have any problems with garbage trucks in our neighborhood , they come through all the time so I don ' t have any concern about that . My thought is that as the business fringe area , that you designated this , it seems an appropriate time to take a look at the frontage issues along here. The State says right now you can ' t have access here because they purchased this . My question to staff initially was, if this application be granted, to enter on the TH 212 over here somewhere. Right now we ' re getting a proliferation of an increased densities of uses on here. The present routing of traffic on here, there 's a no stop, access all along here and I think we ' re getting individual cars pulling out along here and it ' s becoming more hazardous . The State doesn ' t seem to be taking a lead on it . I think as a business fringe development , this really should be oriented to TH 212 and I understand they don ' t want it coming on off the triangle but I think all these uses should be collected somewhere in here and have a more limited access . I know you ' re just looking at one part . It seems to have an easy solution to come off here but if you keep dealing with individual parcels , as they have conditional use applications , you ' re never going to look at the problem, the overall problem. I think the Planning Commisison is the right place to begin that discussion . This is just going to be an emorphous development and this is one the gateways to Chanhassen . What do you want it to look like? How do you want that traffic handled? As TH 212 comes through to the north, you ' re going to have more traffic coming off of TH 101 and I don ' t know when we' ll have an intersection with TH 212 but this sort of has a residential character on TH 101 right now. But as uses continue to increase, maybe it ' s 20 years off but there will probably be a light rail transit station at this point . If the County picks up the line someday in the future, this is a key point where traffic - is coming together. I think it 's an important time to take a look all of that access issue and I think these people could be directed , I think their original intent on the application was to come across here and it seems that it 's an appropriate way to go . In terms of MnDot giving their approval for an access over here, they ' ll give approval anywhere. They pass it off to the City. They say, if you give a permit , they ' re forced to give a permit. They gave a permit for access over here. If someone wasoing to develop this land and it 's an outlot right now that I own with another party, and the MnDot said they 'd give access there and they said they'd give an access here ' T — Planning Commission Meeting January 20, 1988 - Page 21 _ for this lot . Because MnDot has some access requirements , I don ' t think that ' s . . . As an interim solution , I think access could be granted here for a period of years but I don ' t know if that 's a legal _ way of operating but permit access here that expires after a certain period of years and then direct a solution over this way. But not looking at your ordinance to see how you ' re able to deal with the issue but I think this piecemeal fashion, you 're never really going to take a look at this entrance to your city here. People are coming into Chanhassen for all sorts of reasons and here this is known as a notorious entrance to the City. Conrad: You have some good comments . Mark, when you looked at the TH 169 corridor , as we are looking at that , those types of concerns the gentleman brought up, do you feel they should be pursued in our study or do they feel because we ' re trying to deemphasize this area that they not be pursued? Mark Koegler: He brought up a couple good comments . First of all , on your second statement in terms of deemphasizing the area, that strictly is the approach the Comp Plan is taking because that 's what _ in essence the Metropolitan Council is going to be looking for. The document as a whole will not be expressing the issue of expanding business fringe operations. Whether contractor ' s yards is necessarily jeopardizing that or not . We believe it 's a level of low enough — intensity but in general the thinking is not to make that area more intensive. Kind of stepping on your first comment , the Comprehensive Plan and even these corridor studies are general information. Particularly the plan the corridor studies does is we bring it down to a higher level of detail . . . It ' s more looking at a little more detail and access issues . If you don ' t desire that much detail , it certainly would be appropriate to handle it verbally. Just a policy type statement . How do you think we should handle that , might be a better approach. Headla moved , Emmings seconded to close public hearing . All voted in favor and motion carried. Headla : How many people did you say were going to be here? Work here, two? Dacy: Yes . Headla : I was under the impression that you stated two. Was that correct or not? Nancy Lee: That would be people in the office. Headla : I see you ' ve got a private office, waiting room, reception room, office area , lunch room. It sounds like it 's going to be a lot more than two people. Nancy Lee: That would be in the office. The drivers would check in the morning , get their truck routes and then check in in the evening with their trucks. Headla : How many would occupy the building? You've got what, 4 ,000 k. ( Planning Commission Meeting January 20, 1988 - Page 22 square foot building? Nancy Lee: 3,500. Headla : And how many people would be there permanent in the building? Nancy Lee: Presently it 's between 1 and 1 1/2 . You ' re talking full time personnel , it 's between 1 and 1/2 right now. There's always somebody in the office. Headla : It seems like a big building. You ' ve got concrete walls, lunchroom and everything and only two people. It just doesn ' t seem consistent . I 'm looking at this , this is a business fringe place. It seems to meet all the requirements but if someone was to take the same plan and the same promise and put it up somewhere on TH 5 or TH 101, why can ' t they go for a variance and get the same thing approved? I don ' t know if I 'm for or against it yet but that 's the kind of thing and I want to hear your questions just to see how you look at it. Batzli : They don ' t need a variance for a contractor ' s yard . Headla : What ' s the definition of a contractor ' s yard? Dacy: A contractor 's yard is a use or an area where there is construction equipment stored on the site on an overnight basis or other type of contractor ' s equipment stored either within the building or outside of the building . That you have continuous overnight storage. People come to the site, as in this case, the employees come to the site. They pick up the driver of the garbage truck comes and parks his car, he gets into his truck , he leaves the site, he does operations off site, comes back at the end of the day and drops off the truck, gets in his car and goes home. What the applicant is indicating tonight that there would be 1 to 2 employees staying in the office area to handle phone calls , dispatch, etc. . Headla: By this you ' re saying we aren ' t having people dropping off the street? Dacy: Right , no . This is not a retail business . Headla: Why do you have a reception office? If you have a concrete block here and a nice door and then you have this reception and an office. Patrick Blood: We put the conference room and reception office in there, the plans when they were first drawn up, the rooms were there to be used. We put it in there for future use, for City Council ' s with their new mandates on garbage pick-up and just an office for meetings if these occur. We don ' t even know if they ' re going to occur but the room was there and rather than divide it up into a bunch of small offices or just use them for storage rather than a conference room, that was just the way we put it up with the possible intentions in the future of possibly having conferences with people and that ' s the only reason that 's there. Headla : If trucks coming south on TH 101 turn east , can they an Anm Planning Commission Meeting _ January 20, 1988 - Page 23 east and do into the driveway or do they have to drop down to turn and come back and make a left? Dacy: Okay, you ' re saying when the trucks come south of TH 101 and go under the tracks , to get into the site they'd have to turn left into the site and the driveway is proposed on TH 101. — Headla : I thought we were talking on TH 212 . Boy, I missed that. I thought we were going to try and get it onto TH 212 . Dacy: No, that was an original consideration by the applicants . However, MnDot came back and said that an access to TH 212 would not be eligible because they have purchased the access rights along TH 212 . Headla : Okay, I was under the impression then, to make application they would look at it and they stand a good chance to get it on TH 212 . That 's not the case? Dacy: Right . The applicant would have to buy those rights back and — the problem is, MnDot is not going to sell it to them. Headla : Coming out onto TH 101, boy that 's tough. — Dacy: We' ve talked about contractor ' s yards a lot in the last couple of months and that ' s been primarily in the A-2 and agricultural areas . _ This area is zoned commercial . I guess if there is an example of how a contractor 's yard should be done, I think this is an excellent example. You' ve got a concrete block building , paved areas, berming , landscaping . Some of the same issues that the Commission has been — talking about and debating on whether or not these are appropriate in the agricultural areas . Headla : I agree with everything you say but now that access on TH 101 , that bothers me. Dacy: It 's agreed . I don ' t think there 's any question that it is not the best . However , given the low intensity of this use, between 4 to 12 trucks entering and leaving with their primary direction is going south on TH 101 to TH 212 . Then the other issues of this part of the site really screens that use the best . If you move it over to the east, it ' s a wide open view from TH 212 and it really can ' t take advantage of the grades and elevations . Headla: I thought there was a possibility that they could go to the east . Wasn ' t there a service road there? Dacy: If they did want to propose that , then you ' re fighting the issue of more visibility of the contractor 's yard from TH 212 . They would have to reoriente the septic system sites and so on . If I could comment on the gentleman 's comment about the frontage road, as I noted in the report , that 's an excellent idea and if the Commission would want to add a condition whereby if this property is subdivided , that that subdivision application reserve right-of-way for evaluating a frontage road to be constructed . But again , our Attorney tells us that we can only require right-of-way if it ' a r 1r' r., Planning Commission Meeting January 20, 1988 - Page 24 application and not a conditional use permit but the frontage road concept is excellent and that should be pursued. Headla: I hear you say the traffic coming and going and it 's minimal but how do we know, is there anyway we can control that in 4 years or 5 years? Dacy: One of the conditions contained in the staff report is to limit the amount of vehicles to 12 vehicles . Anything above and beyond that would require a conditional use permit therefore at that time the City would be able to determine whether or not that would be an adverse impact on TH 101. Batzli : I guess I 'd like to talk about the wetlands issue a minute here and the holding tank requirement . They receive waste water from the garage area from washing. You ' re planning on requiring a contract prior to issuing building permits for the pumping of those holding tanks? Dacy: Right. Batzli : Is there anyway we can somehow make the continued conditional use contingent upon receiving additional contracts or are you going to require this person to get an eternal contract upfront? Dacy: I see what you ' re saying . That might be a good idea to change the wording in the condition that the pumping should be done on a regular basis. Batzli : Yes . I guess I ' m looking for something more along those lines . I like the concept that they have a contract upfront but I 'd also like there to be a continuing obligation . Ellson : I noticed you didn ' t have that 26 . I had that as a question myself but you caught that yourself . I like the idea of that frontage road but you ' re saying we can ' t do that at this point though and I guess I was a little confused as to the reasoning behind that . Dacy: The subdivision laws are different than the laws enabling municipalities to review conditional use permits . The subdivision laws created by the State enable cities to require road right-of-ways and to require things like parking dedication requirements . The City Attorney says that the conditional use permit application, you ' re only looking at whether or not that use is compatible with adjacent uses in that district . We can not require right-of-way dedication along with a conditional use permit . You can only do that during the subdivision application. Ellson: Also, I had a question , you said the people come in the morning and they take a truck. Do they come back for lunch and then go out again or do they stay out all day long and then they come back? Nancy Lee : They come back at noon and then leave. Ellson: This probablyhas nothing to do with it but I was wondering Tak.. An ...... U"--- — .._ + �L _ _ • Planning Commissionileeting January 20, 1988 - Page 25 things like that? What kind of seasonal that makes that happen? .,. Nancy Lee : It was switched . We would have more containers . The containers we' re talking about are the containers used at construction _ sites and it 's the wintertime that we may have some. We don ' t like to have them in but when construction goes down , the containers aren ' t on the site. In the summertime there shouldn ' t be any there. Ellson : That 's all I had . Emmings : I don ' t have anything additional . Erhart: I don ' t know where to start but I ' ll take the opportunity to say what I have to say about contractor ' s yards in Chanhassen . I was very much involved in our zoning ordinance. That was a major project -" we had when I first joined the Planning Commission . I spent a lot of time on it including sitting through with the Council every night that they went over it and approved it . There are two new members here, there' s a lot of it that goes over your head when your first on the planning commission. I ' ve had two years to reflect on some of these issues and one of them is this contractor ' s yards . At the time I _ didn' t oppose contractor yards in the City of Chanhassen . I should say in the rural area of Chanhassen because I really didn ' t yet understand how they relate to that area . Today I firmed up my mind quite concretely on the issue and I strongly believe that they have no place in the rural area of Chanhassen , which I 'm the only person either on the Council or Commission that represents that area . One is that they have nothing to do with agriculture which is the existing land use in the area . So I believe they are incompatible with that . Secondly, is the agricultural area , the A-2 area in Chanhassen is supposed to be reserved and allowed to increase it 's residential use in a planned method . Again, contractor ' s yards has no compatibility — with residential use. Lastly, I think in particular , Chanhassen does not have the road system to support the kind of truck traffic that ' s associated with contractor ' s yards and garbage hauling . Particularly — TH 101 . Which gets us to this particular proposal and also into another issue that I think a lot of, when we made the new zoning ordinance, created the new zoning ordinance, a lot of discussion revolved around this business fringe district which I think you opposed completely Ladd , at the time . I think, if I ' m right , I think you did , I would agree that we made a second mistake there. But I think we perhaps will get into that in a little bit in the discussion later on when we talk about corridor studies and plans . It really hit me today, this is the first time that I read anyplace where the actual MnDot has gone out of their way to restrict access along TH 212 in that area . Now had that been known when we put this new zoning ordinance in effect , I think that would have had a big impact about the way the Planning Commission and perhaps the City Council viewed _ this area down there. In fact , the way I interpretted that , they say this is essentially 55 mph roadway. I live there so I know what ' s it like. It is dangerous to turn on and off that and certainly TH 101 in that area is no place to be promoting increased use by some commercial — activity. I can ' t imagine why we would go through here and allow a commercial activity where you have trucks coming underneath that railroad bridge. It' s ridiculous just for automobiles to travel in both directions under that bridge. One has to stop before the other r' Planning Commission Meeting January 20, 1988 - Page 26 one goes through. Lastly, again , you' re dealing with this holding tank situation and I 'm sure that everyone has all good intentions to make sure that nothing gets drained over into the creek but again, and I don ' t agree with the Met Council often but in this case, they' re right in not planning for sewer in this area . In the first place, it 's below the level of most sewer lines in the southwest area . Everything would have to be pumped up. I just think adding a holding tank in an operation where trucks are washed , you' re adding an operation where there's a lot of water use. I 'm interpretting this from the business and I may be wrong on that . Lastly, I guess just to compliment my first comment , Eden Prairie doesn' t allow contractor's yards and I do believe we do have a place in the City for contractor 's yards don ' t we? Dacy: We have a number of contractor' s yards located in the A-2 District. Erhart: I understand that . Dacy: I 'm sorry, what ' s your question? Erhart: We do have places in the zoning ordinance that do allow new contractor ' s yards besides the A-2 District. Dacy: Yes , in the Industrial Park. Erhart : We do have a place for the. Eden Prairie doesn ' t allow contractor ' s yards in their rural areas . Dacy: Most of the communities in the metroplitan area don ' t allow contractor ' s yards in the rural area except as a small , I guess I would call them a ma and pa operation . Erhart: A family business . So I think I have a whole lot more to say when we get to the corridor study but I think those are my comments about contractor ' s yards as they relate to this particular proposal . I ' m against it. Conrad: You ' re against this because you ' re against contractor ' s yards period so regardless of what they could have proposed, you ' re just anti-contractor ' s yards? Erhart: Let me state that . I would vote against any contractor ' s yard that comes before me. This one in particular with the TH 101 thing and that bridge. Conrad: . Because of traffic and because of access . That ' s where I was going too . It is a problem with a vehicle that ' s a little bit larger going under the bridge. Now I ' m sure the applicant has said most traffic will be routed south and out of there, but I guess I would not see the north route would be acceptable anytime. People going up the hill . We don ' t restrict, what are the restrictions on the truck traffic in that area? Are there any? Headla : If they can get through the bridge, it ' s okay. • r Planning Commissiki Meeting January 20 , 1988 - Page 27 Dacy: TH 101 is used a lot right now. Maybe to give you an — alternative to look at , another access alternative would have to be that from the east there is a separate property between the applicant 's property and the cold storage and warehouse site which is right here. There was a suggestion made, could they tie into the driveway. That was approved for the cold storage and warehouse site. They would have to obtain an easement from this private property owner. Whether or not they would get it , would he up to that property — owner . So it comes down to the City weighing several trade-offs . You can either limit the intensity of the use onto TH 101 to 10 vehicles, 12 vehicles , whatever or you can look at trying to have the applicant buy the access rights back from MnDot. You would look at a more significant wetland alteration permit to bring the road through the wetland area or the other trade off is locating use more in the open are of the site. It's one of those cases where one location affects the other and then a new issue arises . Aesthetics, screening, access, wetlands so that would be the alternative to what is proposed in this application . Conrad : When we directed truck traFfic to Merle Vol't 's , we asked that traffic be routed certain ways but there ' s really no way you can control that . Emmings : Even if your access is TH 169 , they can still go up TH 101. That ' s not going to change the number of trips north on TH 101 . Conrad: Barbara , your opinion on access , assuming that most routes , most of the time would go back to TH 169 . What ' s your opinion on access coming out onto TH 101? Is that a danger? I think almost anything on that hill seems dangerous to me. I drove it about three times today in the snow and it was not easy. Dacy: First of all , that driveway that is there now, that ' s obviously done for access to the farm and the old homestead there. Their access into TH 101 is going to have to meet MnDot standards and as noted in — the engineer ' s report , they have to have a 1/2% grade for 50 feet and so on so that driveway location is going to be improved . Going north on TH 101 so traffic coming out of the site is going to be able to see traffic coming from the south better versus the other way around . I think coming south on that , you ' re really blinded going underneath that railroad bridge so again, there ' s no question that this is not the best solution . However, there are no other viable alternatives for this property to have access to this site. As long as the intensity of the use is limited to what is proposed , I think it 's feasible. Conrad : Could you interpret what Dr. Rockwell scribbled on that piece of paper? Dacy: Seasonally flooded emergent and scrub shurb wetland . Good habitat for small rodents and various species of migratory and indigenous perching birds . Refuge for pheasants and cottontails in — winter. Conrad: Get down to the recommendation . Keep what? _ Planning CommissionMeeting January 20, 1988 - Page 28 Dacy: When she went out to the site, this is when there was a proposal for the driveway across the wetland area . Keep width of proposed driveway to minimum. Select area with fewest shrubs . Protect remaining wetland from impacts during construction with silt screens . No sidecasting. Conrad : No sidecasting? Dacy: Taking the material that is dredged out. Conrad : Tim, it doesn ' t appease you that we' re in the fringe business district at all? It is a zone down there that is kind of commercial in nature yet it can ' t be used commercially because of sewer so it 's got the highway access without sewer so you kind of look for applications that don ' t need high volume off of that . This looks to me like a low volume use in a district you ' re in. Erhart: What I 'm essentially saying is that it ' s an agricultural area and that business fringe area should never have been put in the zoning ordinance and that we shouldn ' t be allowing new commercial businesses in that whole area because there 's no sewer available. garb always tell me when I ask, there won ' t be sewer for 30 years . This is the one area where I actually believe her on. It could be 50 years . I think this is the area that should be, it got started , those businesses down there died because it ' s not a good business area . The restaurant ' s not open . It hasn ' t been for a couple of years . There 's been a used car lot and that ' s closed . Conrad: So you 'd like to see it restored to agricultural or residential? Erhart: I think we ought to just let it fade away. Art Partridge: My question with the Merle Volk issue, R & W Sanitation which is a much bigger operation , you allow that into what is essentially an agricultural area . . .A truck can use a public highway unless there 's a weight restriction . Conrad: As you can tell , we ' re still struggling with contractor ' s yards and use of agricultural areas but your comments are well taken. I believe this is a pretty good use of the area down there. It ' s a strange area . It 's just a real strange area and I think I was fighting to get rid of it altogether once upon a time and I don ' t know if I lost the cause but whatever but I think here's a case where staff has worked with the applicant to kind of hide the use. It looks like the applicant has designed something that 's kind of nice here and I don ' t think that set a precedent for any other contractor ' s yards . I think my only concern is the traffic that we generate like I am with any contractor ' s yard . If I think we' re putting in 100 trucks or 50 trucks , I think that is definitely not the point of the contractor ' s yard or what we want to allow but I think as long as we minimize what the applicant does there in terms of traffic generation, I think it 's not a bad use of the land . Headla : Remember, if he has 10 trucks there, that means you ' ve got 22 vehicles entering and leaving everyday. I- — i Planning Commission Meeting January 20 , 1988 - Page 29 Nancy Lee: I want to correct that . We run one person per truck. . . Headla : How do the drivers get to your place? — Nancy Lee: They come in their vehicle. Headla: So if you' ve got 10 trucks , ou ' vegot c 20 vehicles plus two people in the building , you 've got , rs ,22s0 you' ve got vehicles . I think that ' s an awful lot for that particular intersection . If _ there 's someplace with a better line of sight , I think it would be more appropriate but that 's a lot on that particular spot on TH 101. Conrad: I think we' ve sure talked about this . We ' ll open it up for a — motion . If there is one, if somebody makes a favorable motion , I think there were some comments to be discussed in terms of pumping the holding tank on a regular basis . The staff 's 26th point and maybe if somebody does make a favorable motion , we should be talking about subdivision and reserving land for future access but I 'm not telling you to make that motion . I 'm jus saying if you do go along with the staff 's posture, we should incorporate some of these other comments. Emmings moved , Batzli seconded that the Planning Commission recommend approval of the Conditional Use Permit Request #87-18 to operate a contractor ' s yard located north of and adjacent to TH 212 and east of and adjacent to TH 131 based on the site plan stamped "Received December 29 , 1987" and subject to the following conditions : 1. Hours of operation shall be from 7 : 00 a.m. to 66 : 30 p.m. , ''iondav through Saturday only (work on Sundays and holidays not permitted) . 2 . There shall be no outside speaker systems . 3 . Any light sources shall be shielded from adjacent public road right-of-ways . 4 . A holding tank shall be installed to receive the waste water from the garage area . The holding tank shall be pumped as necessary and the applicant shall be required to keep a current copy of their pumper contract on file with the City. 5 . The building must be sprinklered . 6 . The building must have a heat and smoke detector system with a — central dispatch 7. Lighted exit signs must be installed at all exits . 8 . A plan for storage of flammable and/or combustible material must be submitted to the Public Safety Office for approval . _ 9 . Emergency lighting must be installed . • T Planning Commission Meeting January 20, 1988 - Page 30 10. The driveway and parking lot shall have surmountable concrete curb and gutter. 11 . The applicant shall submit a landscaping plan indicating installation of 20 six foot evergreen trees between the vehicular use areas and the public right-of-ways . 12 . All septic systems sites shall be staked and roped off prior to the commencement of any construction. Any traffic over these sites will require reevaluation of the sites. 13 . The applicant shall obtain an access permit from the Minnesota Department of Transportation and shall comply with all conditions of the permit . 14 . The approach onto TH 101 shall be a maximum of 0.5% grade for a minimum distance of 50 feet. 15 . Catch basins shall be provided at the low point of the driveway along with proper spillways in the parking lot. A revised plan shall be submitted for approval by the City Engineer . 16 . Calculations verifying the preservation of the predeveloped runoff rate for the site and ponding calculations for a 100 year frequency storm event shall be provided to the City Engineer for approval . 17 . Check dams (Type II Erosion Control) shall be placed at 100 foot intervals along all drainage swales. 18 . Existing structures shall be disposed of properly. If debris is to be burned , the applicant shall obtain a burning permit from the Department of Public Safety and the Pollution Control Agency . On-site burial of debris is prohibited . 19 . Additional erosion control shall be placed along the no::th side of the site. A revised plan shall be submitted for approval by the City Engineer. 20. All erosion control measures shall be in place prior to the initiation of any grading and once in place shall remain in place throughout the duration of construction . The developer is required to make periodic reviews of the erosion control and make any necessary repairs promptly. All of the erosion control measures shall remain intact until an established vegetative cover has been produced at which time removal shall be the responsibility of the developer. 21. Wood fiber blankets or equivalent shall be utilized to stabilize all disturbed slopes greater than 3: 1. 22 . Seeding shall be disc-anchored and shall commence no later than two weeks after slopes have been established. e- Planning Commission Meeting January 20 , 1988 - Page 31 23 . All detention ponds and drainage swales shall be constructed and operational which includes all pertinent storm sewer systems to have the ponds functional prior to any other construction on the project . — 24 . The applicant shall apply for and obtain permits from the watershed district, DNR and other appropriate regulatory agencies and comply with their conditions of approval . 25 . Any expansion of the building or parking areas or expansion beyond 12 vehicles used in the business shall require a conditional use permit — review. 26 . The site plan shall be revised to shift the building 20 feet to the east. 27 . Should the subject site be subdivided , the City would look to requiring the necessary right-of-way for a frontage road to make — connections to the east . All voted in favor except Erhart and Headla who opposed and motion carried. The following is the discussion that occurred after the motion was made and seconded . Emmings: Wouldn ' t you want to do that whether it 's subdivided or not? Or wouldn ' t it matter if it wasn ' t subdivided? Dacy: The only other alternative would be that the City would initiate condemnation proceedings . The subdivision is the best tool that we have to get the right-of-way. Emmings: Alright, let ' s put it in that way then . In the event of subdivision , you put the language in your way. Dacy: In the event of subdivision , the City would be requiring the necessary right-of-way for a frontage road for access to the east . Conrad: In this case we haven ' t asked the applicant to direct the traffic and take it around . In the Merle Volk , how have we asked him to route traffic? What kind of agreement , what kind of a statement? Planning Commission [Meeting . January 20, 1988 - Pre 32 C Dacy: I believe it was a condition of approval that the access use CR 18 . Olsen: And they already said that 's what they were going to be using anyway. Conrad: Steve, what do you think about winding that type of, they are going to have access off of TH 111 which is kind of dangerous in the first place. Do you care which way the go once they get on there? Emmings : No . I guess the thing is Ladd , well , where do you go? Where will you be going? Nancy Lee: Probably the only times we would be using TH 101 north would be when we go do Chanhassen routes which is on that road anyway. Emmings: It seems , it is a public road and no matter where their access is, they can always go on TH 101 . If their access is on TH 169 , they can still go north on TH 101. We can ' t tell them where they can or can not go. It also seems a little bit hypocritical somehow. We expect people to pick up our garbage at our houses yet we want to deny them use of our roads to do it . I don ' t know, if there was an alternative for them to get north on, to get to the same areas of the city but there really isn ' t is there. Ellson : He means more or less coming out than the dangerous way of entering . Isn ' t that true? Conrad: Yes , I 'm concerned about that but I 'm also concerned about getting underneath the bridge and that is definitely a dangerous situation . It' s without a doubt , you can ' t put a truck and a car through there at the same time. Emmings: But then it seems to me that there should be a restriction on the road that would prevent them from doing that . I don ' t think we can tell them they can ' t use the road. Conrad : Well , how do we have the right to tell Merle Volk he can only use CR 18? Emmings: Because I think number one, that 's what he told us he wanted to do anyway. Also , was it Merle Volk, or somebody who went into that corner out by CR 41 , we did that as a condition of approval . You can ' t go north up to TH 5 , you have to go out to TH 41 and then up to the intersection . But see that didn ' t really put them out in any way. It was an alternative that we preferred and they really agreed to go along with it and then we made it a condition of our approval . But I think if push comes to shove, I have a hard time telling someone they can ' t use roads that they are otherwise allowed to use. Conrad : Picking apart staff's point 25 where they talk about 12 vehicles . Do you care about vehicles Steve as much as you care about vehicle trips? Should we put in a cap on the number of vehicle trips? Planning Commission Meeting January 20, 1988 - Pr 33 ( — We ' re trying to keep this low intensity. 12 vehicles and the applicant in good faith, I believe them, they ' re not going to be theoretically shoving in and out all day long with one vehicle. The vehicles go out and they' re going to come back but does the 12 vehicles put a cap on traffic or do we want to talk vehicle trips? Headla: How are you ever going to monitor vehicle trips? Now that — you mention that , do these people come back here for lunch? Is that why you have the lunchroom? Nancy Lee: No, they won ' t come back for lunch. Conrad : That ' s just architectural stuff that goes on there. You' ve got to fill up boxes . No interest? Emmings: No , I think the number of vehicles is more important than the vehicle trips I guess , given the nature of the business . — Patrick Blood : There 's one more comment I 'd like to make towards his interest in the conference room, lunchroom. We also planned this building for any future reason that we might have to resell this building, we just didn ' t want to come up with an empty block building to resell . This building is planned into the future. For any reason we should sell this building, it will have the facilities for other future use and that ' s one of the reasons these are put into the building too . Headla : That 's a good explanation. Thank you. Batzli : To get back to your point on the 12 vehicles , I don ' t understand the phrase, or expansion beyond 12 vehicles . Is that vehicles that will be parked there overnight or is that parking spots? What is that? Dacy: The intent of that was for the 12 vehicles referred to , the 12 garbage trucks or any truck equipment, truck vehicles that they use for the conduct of their business . That was not intended for personal cars . So if they called the City Hall and said , we' re getting to the point that we need 15 garbage trucks, we would say, that ' s over the threshhold of 12 , you have to reapply for a conditional use permit. _ Batzli : But you ' re talking about the vehicles that will be parked there overnight . You ' re not talking about their cars? Dacy: That 's correct . Feel free to address the condition if you feel you would like more clarification. Batzli : I guess I 'd like to propose a friendly amendment to the motion that we' re discussing that we somehow clarify that and I 'm not quite sure how we do that other than indicate that we' re talking about vehicles used in the business. — Emmings: I ' ll certainly accept that . I think it should say that. Ellson : You talked once about maybe they could go through the other place if they got permission and it never was looked into? Sharing a Planning Commission Meeting ' January 20, 1988 - Pr/. 34 4. driveway with the cold storage or whatever? I just hate that TH 101 too. Dacy: No , because it was found that there 's a second property owner between that cold storage warehouse and the subject property. No , that property owner has not been contacted to see if they would grant an easement. Conrad: Tim, can you summarize your negative vote? Erhart: I don ' t think I need to add to my speech but I would like to see, because I do agree we're essentially forced to pretty much let this thing go through, I do believe the score here is on the Planning Commisison to have us look at this contractor ' s yard as it relates to our zoning ordinance. I 'd like to see us do that at a near future meeting. Whatever it takes to do that. Headla: I ' ve got two reasons . One is the number of vehicles entering and exiting at that particular point on TH 101. I think it 's very poor planning and I have an environmental concern . The environmental concern I think could be resolved , particularly if they could come out to TH 212 rather than TH 101 . I think they did an excellent job in planning their application . WETLAND ALTERATION PERMIT. Headla : As I understand it , they aren ' t actually affecting the wetland itself, right? Dacy: Right, there ' s no direct alteration . Headla moved , Ellson seconded that the Planning Commission recommend approval of Wetland Alteration Permit #87-14 to locate a contractor ' s yard within the watershed of a Class A wetland be approved subject to the site plan stamped "Received December 29 , 1987" and subject to the following conditions: 1. Compliance with the standards of Article V, Section 24 (a) (4) . 2 . Compliance with the conditions of approval of Conditional Use Permit Request #87-18. All voted in favor except Erhart who opposed and motion carried . Conrad : Tim, your reasons. Erhart: The same reasons as before. ZONING ORDINANCE AMENDMENT TO AMEND ARTICLE V, SECTION 3 , TO PERMIT VIDEO GOLF AND INDOOR GOLF COURSE AS CONDITIONAL USES IN THE A-2 , AGRICULTURAL ESTATE DISTRICT, JOHN PRYZMUS . Public Present: ,..,- <I. ti s z S me •• ; a A1; v w., ♦ 4 Z c. _ . \ "1 .. 1 � W � M . VI % 4 O l - � o Iv i • :. i \i, : : / , ; . : .t ; : i il .. I:, ki . _ • .. • i \— ;i; :, • • ID i ..........17,•.-•-.1•.• % { , : i• „' \, .. • ;•:.:i;.-.....,,... , . . . , .- N.-.. --4 --.23:7 \ ' I \;y1 t ' tu Al o t I -?:.1=i ‘' ', •4 Ir. 1 NI- " \‘‘..41.10„) • er• 0 , •1 lin k, .. . : ; ? ‘1111-01,1• —-, 14- ‘..a j till .it ;I . •.. • 1 - ', 71)14t • a'.H.;:.A; Ian\ „ d • ,1 I . • ar li I w �1,:.•�`�•-' Cie) !.. ,a -1 �� •� QVC ', .. 1 ••• 4741 .•.::7__::: ‘ -.;,•.. ..• _- -..... :-.7 / 1) I • • •... ''. - • -.. -,d• • •••-•.%;- -lb • .. .0/ f : 1 ••c \ �1, o. '� �► /iiii ;�� • M '• •_ • %..i. . ../..... ....:-. -_, alli le- • '.-,--..„,', ! r ..;: ,N-;?„ t1,• 1.8,7:i?.., - o sit • 1 • ---_- . k�Va• , • 1 • • • .� -,w--' ---02.-509.� -e 'I: ---- .. • /-- --- --',� 1 1 :' :� 'JoT"1A09 sa_,AUr_'Is7..F------- - -•'/ 1 G •� _ i m ^ N. • . .1•'*;••. .',.% Oe- _ -- - — • Q \ V Mr. Stephen Hanson January 24, 1989 Planning Director City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 Re: Extension of Conditional Use Permit for Admiral Waste Management's Contractors Yard. Dear Stephen and Chanhassen Planning Commission In regards to the Public Hearing on Wednesday February 1 , 1989 at 7:30pm to consider the extension of the Conditional Use Permit being seeked by Admiral Waste Management, I would like to express my concerns to you the city. As a person managing property less than 500 feet from the said extension, my landowners property willbe effected in many ways. First, the land will be devalued because of the storage of waste removal equipment vehicles being stored on the property. Secondly, the vehicles will be adding to the already congested intersection of highways 101 ,169 & 212. Thirdly, the storage of garbage trucks will add to the area, the prob- lem of rodents infestion. As I see it this conditional use permit will not add any economic benefit to the area by generating more tax dollars, nor add to the property values of the Minnesota Valley. As a representative of the Jordan Christoff property (Noted on Attatched page) I urge the members of the Chanhassen Planning Commission the effects the Conditional Use Permit will have on our property. Respectfully, );-"Z_ 7�: — � hn Foster Day Phone _ —J 893-6731 IF :5i19SSEN F (, c11.11111-1A: :: 11 C ITv O F P.C. DATE: 2-1-89 (� C.C. DATE: ::::B , YCASE NO: Prepared by: Hanson:k STAFF REPORT PROPOSAL: Preliminary Plat Approval for Lot 1 , Block 1 , LL Bogema Addition z O LOCATION: Lots 1-4 , Block 2 , Park One Third Addition, West of 184th Avenue, North of West 77th Street Cl_ and Southeast of Quattro Drive CI. APPLICANT: Del Bogema 7009 Oxford Street St . Louis Park, MN 55426 PRESENT ZONING: IOP, Industrial Office Park ACREAGE: 8 . 29 acres ADJACENT ZONING AND LAND USE: N- IOP; presently vacant & partially developed industrial S- IOP; The Press E- Residential - Eden Prairie W- IOP; industrial uses and vacant land WATER AND SEWER: Presently available to the property 0 PHYSICAL CHARAC. : The property is an odd shaped block surrounded W by public streets on all sides . Soils and slope conditions are good for development . �— Existing stands of trees on south edge of property as well as along northern portion of property with a large drainage area also located on the north end. 2000 LAND USE PLAN: Industrial Bogema Preliminary Plat — February 1 , 1989 Page 2 BACKGROUND This area was subdivided in 1986 and received final plat approval on October 20, 1986 from the City Council. The applicants have — bought all four lots within Block 2 , Park One Third Addition. The applicants are replatting this area in order to remove existing lot lines to allow a 97,400 sq. ft. office/manufacturing warehouse facility to be constructed on the property. This replat will eliminate the lot lines created previously as well as vacate the easements along those lines for utilities which are unnecessary at this time. The Planning Commission at its January — 18, 1989 meeting approved the site plan for this tract subject to the approval of the preliminary plat for the property. The plat is in conformance with that site plan as well as with the sub- division requirements for the City of Chanhassen. Therefore, this office recommends approval of this request subject to the final approval of the site plan for Ver-Sa-Til. RECOMMENDATION Planning staff recommends the Planning Commission adopt the — following motion: The Planning Commission recommends approval of Preliminary — Plat Case 89-1 based on the plans stamped "Received January 18, 1989" subject to the following conditions: 1 . Final approval of the site plan for Ver-Sa-Til by City — Council. ATTACHMENTS 1 . Application 2 . Copy of the Plat 3 . Referral Comments CITY OF \ ‘ CHANEASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Planning Commission n FROM: Larry Brown, Staff Engineer DATE: January 26, 1989 SUBJ: Preliminary Plat approval for Lot 1 Block 1 Bogema Addition, Planning File 89-1 SUB, Del Bogema This plat is a re-platting of Lots 1 thru 4 of Block 2, Park One third Addition. This 8 . 29 acre site is comprised of a rolling topography with scattered mature trees throughout the site . The northeast corner of the site serves as a storm water retention pond for the entire Park One Third Addition. This application is necessary to vacate the existing easements which extend through the center of the site . The engineering department has reviewed these easements and finds that the re-plat is in order . w , CHANHASSEN PLANNING COMMISSION REGULAR MEETING -4: JANUARY 18, 1989 Chairman Conrad called the meeting to order at 7: 30 p.m. . MEMBERS PRESENT: Ladd Conrad, Tim Erhart, Steve Emmings, Annette Ellson, Jim Wildermuth and David Headla MEMBERS ABSENT: Brian Batzli STAFF PRESENT: Steve Hanson, City Planner and Larry Brown, Asst . City Engineer (Due to technical failure of the audio equipment , the meeting could not be recorded. Therefore, the Minutes are summarized rather than verbatim.) PUBLIC HEARING: SITE PLAN REVIEW AND A VARIANCE TO THE PARKING LOT REQUIREMENTS FOR A 696 SQUARE FOOT ADDITION TO THE CHANHASSEN TACO SHOP ON PROPERTY ZONED CBD, CENTRAL BUSINESS DISTRICT AND LOCATED AT 195 WEST 78TH STREET, GUY PETERSON. Public Present : Mr . and Mrs . Guy Peterson - Applicants Steve Hanson presented the staff report on this item. The applicants , Mr . and Mrs . Guy Peterson, stated that the issue stated in the staff report that negotiations for acquisition of the Taco Shop due to the realignment of TH 101, were unknown to them until they had received the staff report. They stated that the City had made comments a few years back but not recently. The Planning Commission discussed the item and were concerned about the lack of information provided to them and that they really didn' t have anything to react to. They talked of denying the item, as staff had recommended, passing it onto City Council without a recommendation or tabling the item so the applicants could provide more information . The following motion was decided upon after discussion with the Planning Commission and a recommendation from Councilman Jay Johnson. Emmings moved, Ellson seconded that the Planning Commission recommend to table action on the Site Plan Review and variance to the parking lot for Chanhassen Taco Shop and pass it onto the City Council for their recommendation and to put a priority on whether this property would be affected by TH 101 and TH 5. All voted in favor and the motion carried. Planning Commission Meeting January 18 , 1989 - Page 2 — PUBLIC HEARING: SITE PLAN REVIEW FOR A 97 , 600 SQUARE FOOT OFFICE/MANUFACTURING/WAREHOUSE FACILITY ON PROPERTY ZONED IOP, INDUSTRIAL OFFICE PARK AND LOCATED ON LOTS 1, 2, 3 AND 4 , PARK ONE THIRD ADDITION, VER-SA-TIL, R. JOHNSON CONSTRUCTION AND DEVELOPMENT. Public Present : Del Bogema - Applicant Bob Vetter - Engineer for Applicant Steve Hanson presented the staff report on this item. Bob Veeter , the applicant ' s engineer gave a short presentation on the application. The Commission asked Bob Veeter and Del Bogema some questions about the location of the building, it ' s design , what the company did, if they had any hazardous materials and if so, how they would dispose of those. The Commission seemed to feel that it was an overall good plan and made the following motion. Ellson moved , Erhart seconded that the Planning Commission recommend approval of Site Plan #88-18 based on the plans stampted "Received( — December 27, 1988" and revised plans stamped "Received January 11, 1989" subject to the following conditions: 1. Additional landscaping be provided in the parking area . Specifically, this should include converting 8 parking stalls to landscaped areas . 2. All rooftop mechanical equipment will need to be screened and detailed — plans provided. 3. Details on exterior lighting need to be submitted and approved by City — Staff showing that lighting is screened and will not be visible from adjacent properties . 4. Conditions from referral agencies: — a . The building must be sprinklered . • b. A checklist of requirements is attached that must be a part of the — building permit process . c. Fire hydrants need to have a spacing of 300 foot maximum. d. Fire Department needs 25 foot minimum clear width on parking rows for emergency vehicles . e. Inside trash storage area shall be protected by an improved automatic sprinkler system. 5. The applicant shall receive and comply with all conditions of the Watershed District permit. 6 . The applicant shall install all erosion controls prior to the commencement of any construction. All erosion controls shall remain Planning Commission Meeting January 18 , 1989 - Page 3 k in place throughout the duration of construction. The developer shall be responsible for making periodic checks of all erosion controls and making any repairs promptly. 7. The plans shall be revised to incorporate the City' s standard driveway apron for commercial development as depicted in Attachment 41 of City Engineer ' s memo. 8. The plans shall be revised to include typical sections for both types of driveway surfaces . 9 . The applicant shall be responsible for all debris and clean up on and off site resulting from the construction of this site. 10 . The applicant' s engineer shall provide the City with a full set of "As Built" mylar reproducable copies prior to receiving a certificate of occupancy. 11 . Conditioned upon the replatting of the site by the applicant . 12. Add an inflammable waste trap. All voted in favor and the motion carried . APPROVAL OF MINUTES: Erhart moved, Wildermuth seconded to approve the Minutes of the Planning Commission meeting dated January 4 , 1989 as presented. All voted in favor and the motion carried . Wildermuth moved , Ellson seconded to adjourn the meeting . All voted in favor and the motion carried. The meeting was adjourned at 8 : 35 p.m. . Submitted by Steve Hanson City Planner Prepared by Nann Opheim CITYOF :� G CHANHASSEN' \ , ,1 d- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Planning Commission �/ FROM: Stephen Hanson, Planning Director 5# DATE: January 26, 1989 SUBJ: Contractors Yards in the A-2 District Previously the Planning Commission has reviewed a report drafted by Mark Koegler which provided information regarding conditional use of contractors yards in the A-2 District. The Planning Commission requested the City Council to review that report and provide input to the Planning Commission on whether to consider contractors yards as a conditional use in the A-2 District or to remove them. At the December 12, 1988 City Council meeting, the Council did review this report. There was discussion as to whether this item should come back to the new Council when they took office or whether it should be referred back to the Planning Commission. In reviewing the minutes from the December 12, 1988 City Council meeting, the direction of the Council at that time was to refer it back to Planning Commission for further consideration. Based on that and the request of Tim Erhart on the Planning Commission, I have brought this item back to the Planning Commission for discussion at this meeting. I would suggest at this time we thoroughly discuss the pros and cons regarding the contractors yards and come to some kind of concensus as to how we want to proceed with this matter. If the concensus is to go forward with the proposed amendments as Mark has outlined in his report, we should then propose to set a public hearing date these amendments to the A-2 District. I have attached for your reference a copy of the City Council minutes from December 12, 1988 and also a memo from Jo Ann Olsen dated November 17, 1988 regarding the contractors yards . Attached to her memorandum is the report prepared by Mark Koegler which is dated November 8 , 1988 , as well as a copy of the minutes of the Planning Commission meeting of November 16 , 1988 . City Council Meeting - Decem er 12, 1988 more dangerous intersections than that. UPDATE ON CONTRACTORS YARDS IN THE A-2 DISTRICT, MARK KOEGLER. Mayor Hamilton: We have your report Mark. Is there anything over and above what wa have seen in here that we ought to be aware of that you may want to relay to us? Mark Koegler: Mr. Mayor, I think the report is fairly self explanatory and I won't duplicate that. I'd only offer, I think the substance behind the Planning Commission's position to date was the fact that they think that the nature of the southern area of the city has changed substantially over the last 10 years. Reflected in that, apparently it is their feeling now that contractors yards are no longer appropriate land uses outside the industrial area. I'm sure you're aware that the point this is at tonight is simply to bring it to you for your concurrence that they should continue to pursue the investigation of this change. They will then go through the public hearing process but there were people on the Planning Commission who felt it wise to check with the Council to make sure you had somewhat the same thinking before they go through that process. So it's in that regard that it's brought to you this evening for your review. Councilman Johnson: I like the definition that you gave to modify the definition to where it was an accessory to the principle residential use and that it is, while maybe not solely the members of the family but like a home occupation use. Have a restricted number of employees. If you've got 20 employees coming in there, that should be in the IOP. If you've got 20 employees coming to work at your place of business, you should be in the _ industrial park. If you've got 1 or 2 employees coming in, you're more like a Buck Excavating. He has a couple of employees I believe that come in there but it's not 10 or 15. That's what I would -cc as a contractors yard. Is a slightly larger than occupational or home occupation as defined elsewhere in the ordinance. The place where Gardenccr and all those where they have quite a few employees, I don't think that's too terribly appropriate now. As we expand and become more rural residential out there and less really agricultural. 'That's my feeling on it. Councilman Geving: I think there's always going to be a need for small operations that have 4 or 5 to 10 employees somewhere in this city. A lot of - than aren't big enough to go into an industrial park. They're just shall operations. They're mom and pop. They're making crafts or whatever they're doing in their garage or in their basement. I think there should be a limitation on the size. I think that would be a good recommendation and I do believe and agree with the Planning Commission that the uses south of TH 5 has changed a lot over just, you said 10 years. I think it's changed a lot just in the last 2 or 3 years when we were forced to go to 2 1/2 acres. I see that developing very quickly south of TH 5. Almost to the exclusion of contractors yards. I think it's going to be filled up pretty much with single family homes. But, I believe we need to control that and recognize that even those contractors 1- yards that pop up aren't very temporary in nature. They're not long term. They're there because it's convenient. In most cases it's cheap. They can operate out of their home and they don't have to go into an industrial park and buy a very expensive piece of land. We've got to recognize that and I think I 30 • City Council Meeting - r : nber 12, 1988 would agree that the contractors yards should be in the industrial park. That's -9 all I have. Councilman Horn: Many times I've made the statement that if you find a lot of people violating a rule or an ordinance, it's time to take a look at the ordinance and see if it makes sense and that was exactly the reason we did that in terms of contractors yards. The primary purpose was to allow mom and pop type businesses that resided in Chanhassen to legitimatize their useage and keep those small businesses here. The original intent was not to provide an incentive for other businesses like that to come in or even bigger businesses to come in. I think it's a legitimate question to ask if we should allow outside businesses to came in and develop that way. I think that's something that should be considered. I think what we've had to allow in lately has totally gotten out of hand with what the original intent of this thing. As one of the people who pushed hard to get contractors yards opened up so we could use some of that area, both for contractors yards and houses I might add, I find that the intent of what I had in mind in at least initiating this has gotten out of hand. I think it's time to take some control again. I think this is a good step in doing that. The only consideration I would have is should we use this as an incentive for other businesses outside the community to come in or should we just grandfather in the existing businesses in Chanhassen as the original intent was? Councilman Boyt: Two points in Mark's report caught my eye. You went through a list of communities, Maple Grove, Chaska, Eden Prairie, and the only one that had contractors yards was Chaska and they had a minimum lot size of 40 acres. I don't want Chanhassen to become the home of contractors yards and we are. We're going to continue to be unless we change our ordinance because there's certainly - a demand for that type of business and we're the only place within a reasonable driving distance that allows it. If you look at what we've approved in contractors yards, the two most recent ones, we had one that came in. A person from outside of town has an operation that includes 5 tractor trailers and in my opinion is completely incompatible with the long term interest we have for that part of town. We have another fellow who came in and because the bank forced him to split his property off and economic conditions, even though I voted against it, I could understand why there might be room in the city for that sort of contractors yard. So we certainly don't want to become a collecting point and we don't want to be known, in my opinion, as the only city in the metropolitan area that allows them. I think that Mark's recommendation that says they are largely inconsistent with the long term growth in Chanhassen is exactly right. If we want to set something in place that says the existing people can say, we've already got that. Right now what we're looking at basically is do we want to be an attracting point for future contractors yards and I would say we sure don't. I'd like to see an ordinance written that would make us a suitable place for the people who are currently operating but - definitely not attract anymore. Mayor Hamilton: I'm just looking at the first sentence of the recommendation in Mark's report and it says, contractors yards are largely inconsistent with the long term growth of Chanhassen. I think that's probably one of the worse statements I ever heard. I think contractors yards are an important part of the -11 growth and development of a community. When I grew up as a kid in Hopkins there were contractors yards all over the place. They help your community develop. You can go to Hopkins today and you can't find a contractors yard because the 31 1 4ity Council Meeting - Decer:'-r 12, 1988 — ground was developed and they move on. They moved out to Eden Prairie. They moved to Minnetonka. You probably would be hard pressed to find any in those communites today because they've moved onto Chanhassen. They've moved to Victoria. As areas develop, the shall businessman, the contractors as we call then here, they move on because the land becomes too valuable for them to stay there. It just happens that some of the contractors in this community, small contractors are of a great help to the city of Chanhassen. They have supplied — us with services and materials over the years that have saved us untold thousands of dollars. I agree with Bill that I don't think we ought to be a melting pot and a resting place for every contractors yard to come along. I don't think that's what we are but I think they're a valuable and needed asset. They're a small business. They're a guy or a couple of guys who have gotten together and started a business and are trying to make it work and the only way they can make it work is by either leasing some inexpensive property or — inexpensive building or being in an area that doesn't cost them a great deal of money. They can't afford to start a small business and be in an industrial park. Small business in my opinion, is the backbone of this country. More — people are involved in small business than they are in anything else. Certainly all these people are not going to generate all the tax dollars that Rosemount Engineering does or that Instant Webb or United Mailing or others do, but in my opinion they're very important. Those people are out there working theirs butts off to make a buck and what they make they spend and they spend it in your community and I think they're very important and they're an asset to the community. Tor that reason I would prefer not to see any change in the — contractors yard ordinance at this time. Councilman Johnson: Since they're asking for future use, the Planning Commission as to what's going to happen in the future, I'd like to hear from Don, Tom and Ursula on this, if they've had a chance to look at this, if they can express their opinion. Mayor Hamilton: They'll have plenty of time to express their opinion. Not that I don't want to hear from than but I don't think it's fair to put them on the spot this evening. They're going to be dealing with this issue. — Councilman Johnson: Only if they want. Mayor Hamilton: They'll be dealing with this issue from here on. I think they've heard our comments. They can formulate their own opinions along with the two that will be here, why they'll be the ones to vote on this. Councilman Johnson: I'm not sure if the Planning Commission should go ahead and continue action... Mayor Hamilton: It sounds to me like there's a clear indication that they should. There's 4 people saying they should and 1 that's saying they shouldn't. I mean how clear of a message do you want to send? Councilman Johnson: In 3 weeks there might be 2 saying there should and 3 saying they shouldn't. Mayor Hamilton: Then they can deal with that at that time. _J-- 32 -b 7r City Council Meeting - DO.ember 12, 1988 + El Councilman Geving: I think they ought to continue. I think you heard it from the Council tonight. Mayor Hamilton: I think I'm hearing correctly. Four in favor, 1 opposed to doing something with the ordinance. Is there anybody who didn't hear that? Good, then I guess we're all listening then. COUNCIL PRESENTATIONS: Mayor Hamilton: Jay, you wanted to talk about zoning ordinance amendment? Councilman Johnson: Yes, I'd like to talk about two and we' ll reverse the order of them. The first one I want to talk about is temporary uses. We had a section in our ordinance which allowed temporary uses if you gave them a conditional use permit. Very astutely our City Attorney has informed us that if you get a conditional use permit, it can't be temporary so we struck out the — entire section of the ordinance. We need something for like when the church, Westside Baptist was here that gives us a little more flexibility in doing what we actually did today but in accordance with the ordinance. I would like to see that the Planning Commission, City Attorney's office look at reinstituting a temporary use provision to our zoning ordinance to where it is contingent upon, it would be the continued use contingent upon obtaining a conditional use permit type deal. Councilman Geving: Would there be any difference Jay if there were an emergency power granted to the Council in ordinance form? For example, let's say Pastor Bryan Pike came before us tonight and said their church just burned down. A little different situation but pretty much the same kind of scenario but they say, we need a temporary use for the next 6 months to get our act together and build a church. The Council needs to have that provision in it's ordinance to be able to say, go ahead and do it. We know it violates all the ordinance regulation rules but it is an emergency situation. That's really all you're talking about. Councilman Johnson: Exactly, or if anybody's business burns down and he has to relocate and the only place to relocate temporarily he's not permitted there. We don't have, like you say, the capability to do it other than as we did it earlier. Mayor Hamilton: We can do anything we want. Councilman Johnson: Yes, we can do anything we want but is it defensible? What I want to do is have an ordinance that makes it defensible. Mayor Hamilton: To who? Defensible to whom? To ourselves? If a disaster occurs and we need to move somebody into a building on a temporary basis, who's going to tell us we can't? We're the ones who can make that decision. That's just like the church tonight. There's no reason that we can't do that. Councilman Johnson: Okay, that was that one. The other one we touched on tonight too which was convenience stores and free standing auto service centers. I discussed this with some people with other cities and how some other people have taken care of this issue of having too many, what people will fear are too 33 if- 3 CITY ' OF G CHANHASSEN �\ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 — �an by C:.y Admm,Ftr.tor MEMORANDUM TO: Don Ashworth, City Manager Date FROM: Jo Ann Olsen, Asst. City Planner I1-16,8 DATE: November 17, 1988 ante SUBJ: Contractor' s Yard in the A2 District On November 16 , 1988 , the Planning Commission reviewed a report presented by Mark Koegler which reviewed whether contractor' s yards should remain as a conditional use in the A2 District or _ whether they should be removed as a conditional use. The Planning Commission preferred that contractor' s yards be removed as a conditional use in the A2 District. Prior to staff initiating the zoning ordinance amendment to remove contractor' s yards as a conditional use in the A2 District, the Planning Commission requested that the City Council — review the Planning Report by Mark Koagler and provide input to the Planning Commission on whether or not the City Council felt that contractor' s yards should be removed as a conditional use in the A2 District. RECOMMENDATION Staff recommends that the City Council provide direction to the Planning Commission as to whether or not a zoning ordinance amendment should be processed to remove contractor' s yards as a conditional use in the A2 District. ATTACHMENTS 1 . Planning Commission minutes dated November 16 , 1988 . 2 . Report from Mark Koegler. i such uses on each of the three use patterns that exist in the A-2 zone . In the existing ordinance , contractor ' s yards are defined as " any area or use of land where vehicles , equipment , and / or construction materials and supplies commonly used by building , excavation , or roadway construction , landscaping and similar contractors are stored or serviced . A contractor ' s yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor ' s business . " Additionally , the ordinance provides restrictions pertaining to lot size , setbacks , location , screening , hours of operation and proximity to one another . Neither the definition nor the restrictions limit contractor ' s yards to accessory uses . Therefore , they assume the status of primary uses that for all practical purposes , are industrial in nature . The Planning Commission has expressed interest in redefining contractor ' s yards to make them less intensive uses . Overall sentiment seems to be to allow smaller scale , "mom and pop " operations but not large scale businesses . If the ordinance is to allow only smaller scale businesses , the term " contractor ' s yard " needs to be redefined to apply only to less intensive uses . Under this scenario , larger scale contractors facilities would fall under the provisions of industrial uses and only be permitted in industrial zoning districts . In order to limit the size of contractor ' s yards , it may be advisable to allow them only as accessory uses rather than as principal uses . As an accessory use , the size of a contractor ' s yard could be tied to the size of the principal residential use thereby controlling the scale of the operation . Assuming that contractor ' s yards are limited to "mom and pop " operations , the appropriate location for such facilities needs to be examined . Of the three primary land uses in the RSA , agriculture and rural residential ( 10 acres ) can probably accommodate contractor ' s yards as interim land uses with little or no mitigation required . Large lot residential is an exception to this rule . Large lot residential developments ( 2 . 5 ) acres such as Lake Riley Woods have a strong resemblance to urban residential developments . Because of housing types and higher overall densities , contractor ' s yards are not appropriate in such areas . Prohibiting contractor ' s yards in these areas may require additional zoning modifications . For example , developments such as Lake Riley Woods could be rezoned to Rural Residential ( RR ) which does not allow contractor ' s yards . Other methods could be used to accomplish the same purpose . The preceding discussion has focused on the Planning Commission ' s desire to allow small scale contractor ' s yards in the southern portion of the City . A comprehensive review of this issue should also address the prohibition of contractors yards outside of 4' of the zoning ordinance needs to be considered . In order to limit the intensity of such uses , the following modifications are offered for review : 1 . Modify the definition of Contractor ' s Yards to include only low intensity uses with minimal storage needs ie . " Contractor ' s yards means an area for the storage of vehicles and equipment related to small scale contracting operations that are accessory to the principal residential use of the property . Equipment and vehicles stored in the contractor ' s yard shall be used solely by family members residing in the principal residential structure on the property. " 2 . Establish contractor ' s yards as conditional accessory uses in the A-2 zone subject to the following conditions : A . The minimum lot size is ten ( 10 ) acres . B . All storage and yard areas as well as buildings must be set back one hundred ( 100 ) feet from public or private road right-of-ways and five hundred ( 500 ) feet from an adjacent single- family residence . C . The site must be located along a collector or minor arterial as identified in the comprehensive plan . O . The total floor area of storage buildings shall be limited to one thousand ( 1000 ) square feet or 50% of the floor area of the principal residential structure whichever is more restrictive . E . Outdoor storage areas shall be limited to five hundred ( 500 ) square feet in total area . All outdoor storage areas — must be completely screened by one hundred ( 100 ) percent opaque fencing or berming . F . Hours of operation shall be from 7 : 00 a . m. to 6 : 00 p . m. , Monday through Saturday only , work on Sunday and holidays not permitted . G . Light sources shall be shielded . H . No outside speaker systems are allowed . I . All vehicles and equipment relating to the contracting business shall be stored within a building or screened area . 3 . Rezone existing 2 . 5 acre residential developments to Rural Residential ( RR ) . Rural Residential prohibits contractor ' s yards . If an approach such as the one outlined above is eventually adopted by the City or if contractor ' s yards are prohibited , all existing contractor ' s yards will become nonconforming . As such , they will be allowed to continue providing they are permitted contractor ' s Planning Commission Meeting November 16, 1988 - Page 40 that when we put the plan together , we do get public input and we do get the input from our elected officials so when we get to the referendum we've got a plan that people have been involved with as opposed to the concept that someone, some of the employees of the City are going to sell the plan to the public. If that ' s the purpose for organizing a committee, we' re starting on the wrong premise. I guess that's what I 'm getting to Don. I think we've got to get , when we make decisions such as, the example that I stated, is this City going to be involved in making horse trails? That' s an issue that I think needs some debate. Don Ashworth: Part of the problem out of that, I think that we h? \ a very energetic group who was trying to promote the trails and in that process they made some changes . . .until 2,000 brochures had been printed and things had appeared in the newspaper . . . Conrad : Thanks for stopping by and talking to us . It ' s almost 10: 30 and that's usually- when we talk to Mark. CONTRACTOR' S YARD DISCUSSION - MARK KOEGLER. Conrad: Mark, contractor' s yard. We see your note. Anything you want to explain beyond what your note says? Mark Koegler : No . I was going to offer you either a short overview of this or a lengthy overview and I ' ll give you the option of a short one. Conrad : Yes , give us the short one just to get us thinking about it and off the other subjects . Mark Koegler : The southern part of the City, I guess it ' s been an interesting thing to watch, at least for me over the last 10 years or so because when I first got involved with the City of Chanhassen , everybody was waving this ordinance around that was 23 or 36 or whatever , prohibiting development in the unsewered areas. The Attorneys were all excited about it. The clients were all excited about it and as you know, subsequently that was struck down some years later . Then it was interesting being on the outside watching what I perceived as this mad rush of people to meet the deadline imposed as a result of the recent ordinance change. All of these things had I think probably a more significant impact on the southern area of the community than I anticipated at the time they were occurring . So if you now direct to the southern area of the city, it' s not at all what it was 10 years ago. It' s basically becoming very residential and that has to have some bearing on when you look at this issue and probably several other issues as it relates to the ground . It used to be clear that it was either agricultural or not but since that time, again back in the late 70' s, what you' ve seen develop is now in almost three categories . There' s agricultural. There' s residential with the 2 1/2 acre lot basis that got in under the wire so to speak and now we have residential at 1 per 10 overall density. In looking specifically at this contractor's yard issue, I had to look at that as how does it fit into those 3 very generalized categories of use. I could argue that it could fit reasonably well Planning Commission Meeting November 16, 1988 - Page 42 residential areas and. . . rezoning at this point in time is something that may have some merit. So the recommendation back to you is to omit them and if you do not find that to be feasible, to enact a control mechanism — similar to what' s outlined to try to make them a strictly defined accessory use . Conrad : Good job Mark. Interesting comments here. Dave, what do you — want to do? The result of this is for us to come to some kind of a consensus and let Mark draft some language for us that might be a recommended change to the current ordinance. So what we' re doing right now is setting direction. Whether we outlaw, make them illegal altogether and grandfather in what we've got or modify it to some degree. Why don' t : you tell us what you think. Headla : I like the ma and pa , open end . I can' t tell you why. When I look through here it made a lot of sense and then you left this opening and I thought the wording was good . In reading over your definition, — where you mentioned. . . , that one I thought could be used. Mark Koegler : That was the second to the last page. — Headla: I felt comfortable with that but you still agree it has some real reservations . This one has a lot more restraints than. . .and if you have reservations , I guess . . . — Mark Koegler : I wanted to make it clear in my comments. . .the zoning ordinance. . . Headla : But they can' t expand from their present set up without another application. Mark Koegler : Correct . Headla : Can that be an appropriate way to control that? — Mark Koegler : It solely depends on the consistency of the. . . It can be if you have a good . . .to enforcing the policy. You had a couple of variances tonight. We've seen hundreds of variances. . . You see a lot of variance applications and each one is reviewing on "it ' s own merits" under normal procedure. It' s very difficult to put it out back from a motion and say that' s a reservation that you have but once you allow the — opportunity, it' s hard to say, well it' s now just a minor incident. If you consistently can do that. Headla : I 'd like to hear what Jim has to say. Wildermuth: I think if you look back at the open land in Chanhassen is _ becoming increasingly more rural residential . Not agricultural . It probably isn ' t a good place for contractor ' s in Chanhassen . Jay Johnson: . . . in the definition where it talks about home occupations? — Maximum of 1 employees . As such. . .contractor ' s yard . Planning Commission Meeting November 16, 1988 - Page 44 Batzli : And putting a bulldozer on it. Conrad : Putting a bulldozer in the garage and going out and cutting down the forest every now and then. No, I still go back. There' s something romantic to that . There' s something nice. I can relate to somebody who wants to do that. Buy 40 acres and maybe have a home occupation out in their garage or their barn or something . _ Wildermuth: There isn' t going to be 40 acres left in Chanhassen. Conrad : The point is , I don' t believe the MUSA line will move for 10 years. I think a contract' s a contract so we' re talking about for the next 10 years we' re going to eliminate this to get ready for the next 40 years. I guess I don' t hear a lot of requests coming into town saying, we' re not aware of a big demand for contractor ' s yards. I don' t feel badly moving it one way or another as long as we restrict their use. I sure hear a lot of sentiment for getting rid of it. I just keep thinking, when we' re talking at least 11 years away and maybe restricting somebody' s alternative or option to use it at a less intensive use for , well actually forever. Batzli : But we haven ' t been seeing these ma and pa people come in. We' ve been seeing Admiral Waste people come in. Conrad : And I think that' s a good point Brian. Batzli : If this were the case that we were seeing people who were actually going to run a small business out of their home, I might be in favor of that but we' re seeing larger scale ma and pa operations come in. They' re not low level uses . Conrad : I buy that argument. Emmings: Isn ' t it going to take lead time to get rid of what we got so we are ready 10 to 11 years down the road? Don' t we want to do it now so — that what' s here clears out we don' t have any new applications to have to consider. Erhart: Let me state Ladd that I would be satisfied , I think we should get rid of them for the same reason. I think you just get something and it' s just impossible to get rid of later on. Not in 10 years but these things go with the land. The other thing is if they grow, like any business , if you have a business , every business has to grow almost by definition. Very few businesses just stay small . Unless we can define the little family business . It would be acceptable to me that if we wanted to take what truly is the rural area of south Chanhassen and cut this thing down so it' s a really ma and pa operating out of it ' s garage and then take the other half of south Chanhassen that' s essentially residential , as Mark is suggesting , make it an RR such that it is totally eliminated. I think that' s an acceptable alternative. I still think it' s best to completely eliminate them. Planning Commission Meeting November 16, 1988 - Page 46 Ellson: I think they know it' s coming too . I was at the last meeting when they did that one. I think they' re looking for something on it. Like Dave, if we bring them the amendment or what have you, it' s like any surprise. What's this we didn' t know anything was going on with this. Erhart : Didn' t we bring this to Council once already? — Ellson: They got your memo I 'm sure. Erhart: I made a presentation at Council from the Planning Commission. Olsen: They knew it was being considered. They know that staff is working on it. Conrad: Annette , what do you want to do? Ellson: I just said, didn't you hear me? I said I want to go on with Dave. Do the amendment. Emmings: When you started out by member I was going to say let' s send it up. Now I 've had my mind changed. That's how wishy washy I am. I guess I think it is a waste of time because I 'd forgotten that we' ve already had some interaction with them on this issue as to whether or not we should — work on this , as I recall . Conrad : Yes, but they haven' t seen this. Emmings : And they said yes , go ahead. I think maybe the thing to do would be to say, let' s delete it as a use except in the IOP and make sure that we pass Mark' s report on and say, here' s a good discussion of the issues. This is the way we' ve come down on it and if you agree with us, then act this. That presents them with a nice, finished product and something to discuss . — Ellson: If not it will come back with comments . Emmings: I guess I would say, let' s get the work done. Conrad : But that means we have to hold a public hearing before they see it. _ Emmings: We' re going to have to hold one anyway. Erhart: We' re going to have to hold a public hearing before they see it? Conrad : Right . As soon as we draft something , we hold a public hearing and we pass it up. — Emmings : Let ' s go ahead and have a public hearing . I think it' s alright because they've already indicated to us that it was something they wanted — to do. • Planning Commission Meeting November 16, 1988 - Page 48 Emmings : Another thing that goes on the list . Now is there really a list someplace? Conrad : Only if I kept it or Barbara kept it. Olsen: We had that one updated that we gave you. Emmings: Do you have a list? Olsen : We had one that you got in the memo. Then that memo that Mark and I lists a lot of outstanding. . . Emmings: Would you see that this gets onto the list? Olsen: I ' ll just keep adding onto it. I ' ll keep that coming with each planning packet because you wanted that and then add with that memo and add what you want. Erhart: To follow up on your comment Brian. I had this discussion with Jo Ann today. I feel that we should do that. Representing south Chanhassen and living in an area where all these big houses are going up and seeing what' s going on, I really firmly believe that if there is an 'RR area in the City, that is the most representative of the intent statement for the RR district. I 'd like to see us move to change the area where - those subdivisions are to an RR. If the Commission would ask staff to do that, I would really support that. Batzli : I think we just did . Conrad : I thought we did . I was wondering if I thought of that or if we actually did it. WETLANDS , HORSE TRAILS - TIM ERHART. Erhart : Jo Ann called me on this and I talked to you Ladd about it . I think this is a bigger subject than just the wetlands thing. I guess, as you can see from my memo on this thing , I 'm concerned about wetlands. On the other hand, I 'm not sure that we have an issue yet. One of the things that ' s going to happen , as soon as you get discussion with horse trails and snowmobile, because if it' s horse trails then it ' s going to be snowmobile trails and it' s going to be 3 wheeler trails. You' re going to get a big, emotional crowd up here. That' s what was going to happen tonight . So I asked Jo Ann, Ladd and I discussed it , we said let' s defer it to another time and let's find out if we really want to get into this discussion. I guess I 'm hoping with the discussion that we had with Don tonight, that we will go through, when we come up with a trail plan, whether or not it has horses and snowmobile trails on it , 3 wheeler trails, I hope if there' s a process that we follow so we come up with a plan that represents what the public wants , then I don' t think we need to have this discussion right now on these wetlands and horse trails. If we have a discussion in a timely and orderly fashion as the trail plan CITYOF GCHANHASSEN \ , , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Planning Commission FROM: Stephen Hanson, Planning Director st DATE: January 26, 1989 SUBJ: Trunk Highway 101 and the Issue of Medians South of TH 5 Commissioner Erhart has requested staff to have a presentation on Highway 101, updating the Commission on the status of improve- ments for Highway 101 south of TH 5 . I have requested that Fred Hoisington be at the meeting on February 1st to go over the recommendations on Highway 101 relative to comments Planning Commission had made previously. I would expect this presentation to be relatively short, although I have asked Fred to be available to answer any questions the Commission may have regarding these improvements . 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