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05-16-90 Agenda and PacketAGENDA CEANHASSBN PLANNING COU}IISSION I{EDNESDAY, I,IAI 16, 1990, 7:30 p.}t. CIIA}{HASSEN CITY HALL, 690 COULTER DRM CALL IO ORDER PI'BLTC HEARTIIGS 1. The purpose of this hearing Ls to consider the application of Ttromas Kordonovy for a uetland alteration perBit to create apond in a Class B retland zoned on property zoned RR, RuralResidental and located aouth of Tanadoona Drive, sest of Dogwood Road. 2. Prelininary plat of 3.2 acres into 2 e1ngle fanily lots onproperty zoned RSF and located at 355 Pleasant View Road, Robert Sathre. 3. Zoning Ordinance Amendment to aDend Section 20-92 regardingcertificates of occupancy by adding provisions for landscapingrequireuents. OLD BUSINESS NEIV BUSINESS APPROVAL OF I,IINUTES CITY COUNCIL UPDATE ONGOING ITEI,IS ADUTNISTRATIVE APPROVAIS OPEN DISCUSSION 4. Comprehensive PIan Discussion - Revisions to Land Use llap, Up,ilate on School District Plans and Text IBsues. AnfOI'RNI{ENT File CITY OF EHINHISSEN PC DATE: CC DATE: CASE #: 5/L6/eo 6/LL/eo 90-3 WAP STAFF REPORT Fz c)J 0-(L E lr,t @ WetLand Alteration Permit for the Creation of a Pond AreainaClassBWet}and South of Tanadoona Drive and vest of Dog'wood Road PROPOSAI: IOCATION: APPLICANT:Thomas Kordonoyy 3610 So. Hwy. 101 Wayzata, UN 55391 PRXSENT ZONING:RR, Rural Residential 0.88 acres N/A ACREAGE: DENSITY: AL]ACENT ZONING AND I.AND USE:N-s- E-w- WAEER AND SEI{ER: PHYSICAL CHARACAER. : Not available The site generally slopes to the north and -west with the class B wetland located in thenorthwest corner. 2OOO I,AND USE PIJAN:Residential Ior Density RRi Tanadoona Drive RR, single fanily RR; farnhouse RR; single fanily c I ,( t I,r,o g 09t, ton,/, 8 ta,t, o!tit ,@ U 8t-oot)(v oot,o.8t6r ool' G,n Ilt tc ! F Qr +D lsHTa ? a PUD- i" v Cl.-{ ?tcry.v_p q I Ac'tezol F{kc a t ooac, L :.t a o I tI ) Abr ? { f:111*n Kordonouy WAP #90-3!!ary 15, 1990 Page 2 APPLICABLE REGUI,ATIONS Section 2O-42L requires a uetland alteration pernit for thecreation of a pond within a C1ass B wettand. BACKGROI'ND The site has 80 acres vhich were subdivlded adninistratively frona 10o acre parcel in 1989. Ttre subject site contains one singlefanily residence currently under construction. ANALYSIS t[he prealo[laaDt v6getatlo! of the e:lstlag retlaDal Ls reed ca8ary gra3s atral bron grass. fh€ yetlaDd bas been alteredfrou lts orlglaal atats by agrlcultural uses LD the lrast.curreDtly th6 reed calary aDd brou grass Ls proviAiDg littlehabitat for vlldllfe. ID fact, lost of the vegetatioD laysflat oD tbs grouDd froD aDor cover aDal provldes ll,ttl.e or Dobabitat. Thero ILII b€ sballor baDxr aloDg th€ rest, lorth aDal south aida rhich rlll sDcourago orergeDt vegetatioa as r6coD[eD6€A by th€ Fish .Dd fllaufo 8cr:'vico. It shall not adversely change vater flou. The uotlrld doss Dot surrortltT Lave lry opeD rater.currelrtly, aDy surfacc nrttoft fro! tbo !l.tc goes lllrectly througb the yetlaDa lDto tha .rlstlDg dltch vhere lt eaters r.ake ulDreyasbta. rhe applLcaDt lr E rolrorlng to inprove the uatlaDA by providtltrg a coubl.natl.oa ot a 3ba11ov aDA deep Earsheavl.roulsut. Ebe potrdirg ar€a ILII Luprov. reteDtl.oD of atorn 2. The applicant is proposing to create a ponding area within a ClassB wetland located on the westerly portion of the site. The ponding area will be approxiroately I ft. deep with a nesting islandprovided in the northerly portion of the pond. The ponding area iswholly vithin the class B uetland }init, with an overflow devicebeing provided on the vesterly side to outlet overflow into anexisting ditch which enters Lake llinnenashta. The fill area reEoved from the pond excavation will be located to an area above the class B uetland directly to the east. the fill area limits areoutside of the uetland area and shaIl be protected by Type IrI erosion control. The zoning ordinance a1lows dredging of a uetland rrith the issuanceof a wetland alteration peruit if it is linited as follows: 1. It shaIl be located as to rninimize the inpact on vegetation. Kordonosy WAP #9 0-3 Uay 15, 1990 Page 3 4. 5. rat.r ruroff atrd pro\,ide sedLreatatiotr reEoval uhicL uiII Lnprove tha ratar qualtty of ruroll catariug f,ale ltiDDeuashta. Bb€ diroctioB of uater flor rill Dot b€ chaDg€d. 3 The size of the dredged area shall be linited to the rninimuarequired for the proposed action. Ihe eristlng r€ttalal la approriaately 1.9 acr€s LD Biz€ rlthapprorl,natelf .9 rc!e3 lrropossA to Ds alteaeat. Tba applicatrtla presewl.Dg a portio! of the .8l.3tiDg r€tlanat aloag tbeyest.rly oalge. Flsh rDd tildlite approved the al.ze of tbepoatliag arca fcelLlg that tha resultl.Dg pond greatly iacreasesbeaefits to rildlife aDd latural resourcas over the eristingu6t1and. Disposal of the dredged material is prohibited within theuetland district unless specifical.ly authorized in the wetlandalteration pernit. Ih6 droalgoal laterial riII be depoaited outside of tbe yetlarallluite aDal rlll be separated froD tbe retlald by TI?e IIIerosioD coDtrol uttil it 1.8 royegetated. Disposal of any dredged material sha11 include proper erosioncontrol and nutrient retention Deasures. Th€ alredlg€al naterial uill be Bepalataat fror the retland bylrype III erosioa coDtrol aDal riII be revogetated tith raturalvegetatl.gn. 6. Dredging in any rretland area is prohibited during vater forrlbreeding season or fish spawning season unless it isdeternined by the City that the rret[nd is not used for rraterfowl breeding or fish sparning. DredgiDg uiII rot tale placs durlag ratar foyl breediug orflah spavaiDg aeasoa. Tlre applicant has worked closely uith staff and the Fish andwildlife service to design the pond to Fish and wirdliie criter:.a.staff has visited th:_qi!: with the applicant and a repre="rrt"ti...fron the Fish and wildlife service. The proposed d6sign of thepond Eeets the Fish and wildlife criteria at aoes the conliructionof the dike sith suitabre soirs from the pond excavation anal the -t-1:!all3_?,"1 of a pi.qe with.nerar aprons.- The proposea lonainswr.rr. greatry enhance the existing rretrand and wilr -proviae iiproveat etrand habitat and water retentlon/quality. trre iroposea-pinain!area is a_rso.neeting the generat coirditioni for arlaging-in-i citiprotected wetland. 1 2 3 4 5 6 7 RECOUT'TENDATION Staff feels that the proposed ponding viIl be an improveuent to the existing conditions of the Class B wetland and is reconmending that the Planning Conmisslon adopt the fotlowing motion: iThe Planning Connission reconrnends approval of wetLand Alteration Permit No. 9o-3 as shoen on plans dated April 16, 1990 uith the following conditions: 1 I'lre proposed ponding area confor:ms to the Fish andwildlife guideline standards for ponds. 2.The applicant provide llrpe III erosion control along the westerly edge of the fill area between the proposed fillarea and the class B lretland and the fill area be revegetated with natural vegetation within six months of completion of the pond. ATTACHI{ENTS Fish and l{ilil]ife Guideline Standards for Ponds. Appl ication. wetland Alteration Evaluation l{orksheet. wetland Data Report.L€tter from DNR dated April 24, L99O. section 2o-42L-3 of the Zoning Ordinance.Site Plan of Pond Grading. Kordonowy WAP #90-3 l,lay 15, 1990 Page 4 2. The holding ponils must meet the following six conilitions establisheil by the Fish antl wilcllife Service: c. f d The basin will have fringe of shrubs on uplandsurrounding the basin to urinimize disturbances ofwildlife using the wetLand. b. e. The basin will have free form (no even-sided) shape to increase shoreline length and proviile isolatedl areas for feeding and resting birds. The basin will have shallow embankments with slopes of10:1 - 20:1 for at least 30t of the shoreline to encourage gror{th of energent vegetation as refuge analfood for wi1d1ife. The basin will have uneven, rolling bottom contour forvariable water depth to (a) provide foraging areas forspecies of wildlife feeding in shallow water {0.5 - 3.0feet) and (b) encourage growth of emergent vegetatioD inareas of shallow water and thereby increase interspersionof open water with emergent vegetation. The basin will have a layer of togsoil (muck from anevisting wetlanil being fil1ed) on botton of basin to pro-vide a suitable substrate for aquatic vegetation. The basin will have water level control (culverts, riserpipe, etc.) to minimize disturbances of wiltllife usingthe wetland. I.aND DBVBIOPIECT APPI.ICIIIOX CITY OF CEINEASSEII 590 Coulter DriveChrnhls3sa, 141 55317(512) 937-1900 ADDRESS 3610 South Hiqhwa y 101 l{ata r,rN 55391 TELEPEONE (Day REQIJEST: tine ) 473-5435 Zoning District Change Zoning Appeal Zoning Variance Zoning fext Amendment Iand Use Plan Amendment Conditional Use Pernit Site Plan Review PRO.TEC? NAIr{E Pond Gradinq Plaaned Oait Developurent . sketch Plan _ tselininary plan _ Final plan Same ADDRESS p z P e IEI,EPEONE Subdivision _ Plattl.ng _ l,etes and BouDds Street,/BaseneDt Vacation X l{etlands Pernit PRESENT I.AND UsE PLAN DESIGNATIoN Class B }Ietland REQT'ESTED LAND , USE PLAN DESIGNAUON SAMC REQUESTED ZONING USES PROPOSED SIZE OF PROPERTY IOCATION Tanadona Drive, Chanhassen REASONS FOR TEIS REQ tESI For construction of a open rrater wetland basin. Improving the existing retl and for wl ldl lr e uses ano aesI EI PUrPOses.c IEGAL DESCRIPIION (Attach 1e9al lf necessary) APPLICANTS Tom Kordonowy O[{NER: PRESENT ZONING City of Chanhassen tand Developrnent Application Page 2 FITING INSTR qcTroNs: FIIING CERTT FICATION: Signed By €t*.u i €N6/p&L Signed By Fee Orpnei Date Applicatioa Recelved Application Fee paitt City Recelpt No. OLa/1 T*tc Dat e /b 9o Date this application nust be gonpletecl in full and be typewritten btcleartv srinted and must ue icconlaniea uy arr inroif,iliii-i"a iitiisl!!ii::ipil::t!ii;* s:i;!;::m::iit;;kIsi, ;:k:.to determine the soecif ic-ordtiaan-- *i-pr"".aorii-rie;i.r!iln."agplicable to your'aplii;"t;;;:- riIned aniir the undersilTthat be is fapplicable C e of tbe Spplicaat bereby certlfiesprocedural leguireEents of alt en th s w pre ar at tb vI e r lhis -Application wlll be coasldered by tbBoard of Adjustaears and Appeals ii ilefrneeting. e Planniag Couuission./ y'-ru. r. The. undersigned hereby certifies that the applicant has beenauthorized to lrake this application foi the';;;il;ay;;r;i;-described. +_ I{ETLAND ALTERATION PERilIT EVALUATTON WORKSEEET fo Be completed By Applicant and subnitted with Apprication(Attach ailditional sbeets if Decessary) 1 WETLAND DESCRIPTION: Size: 1.93 Ac. Class: B Type:II Fresh (ret) lleadox Locatiou: Lakeside llatershed District: Area of OpeD lfate!: Streaosicle Uplaad X l,l innehaha Creek No Draiaage Floss To: :.' Vegetation . TlT)es : La e l,li n newashta Pre inant oooul ati o n of Canary Reed Grass Soil Types:Cl ay 2. DESCRIPTION OF PROPOSED A!TERA?rON: Excavate for a deep hra tpr oond. (Re fer to attached report for detailed explanations) PITRPOSE OF PRoPosED AIIERAIION: Improve the exis'iting retland aq a DTODE r tv amenl v and as a wild'life habit. E A. DISCT'SS EEE I}TPACIS .ON AEE PROPOSED DEVEI,OPITEN! IF TTO ALIERATION IS trtADE: l{one, there is no developnent involved 1 APPTTCABLE WESLAND oRDTNANCE SECrrolt: lietZat:S 2 O -{gC--?b -r'to uith thi< narrni ADD 'I i cati on . 3. 5.IDENTIFY AND DISCUSS OTEER AITERNATIVES 10 WETLAND B. None C. IDENTIFY TEE ADVANEAGES AND DIS ADVANEAGES OF TEE PR OPOSED we 'I and as l,il dl ife habita t and a ProPe rty 6. trsr NG TEE WETLAND ORD INANCE STANDARDS AS A GI'IDE, DETER!'TINE WEET EER TEERE ARE ANY INCONSISTENCIES BE rWEEN TEE ORDINANCE AND PROPOSED ALIERATI ON: -2- ALTERATION: ALTERAIION: HYDROIOGIC AND WETI,AND DATA REPORT Existing wetland Classiflcation A. General II. rxisting wetland Data A. Soil types: (Refer to hand auger borlngs) Black Bilty clay (topsoll) Black gnay clay (underlying) B. Aquatic characterietics: None - the setland does not have an open vater surface ora pernanent uater profile. surface runoff or a high T'he exlsting yetland Ls desigmated by the City of Chanhassen as a Class B tletland. Uslng Eggers and Reed,il{etland Plants and Plant Comunitiee of l,tinneEota andt{iaconsin descriptions of vetland types, this setland coDDunity closely fita into a fregh (yet) readou and louprairie classification. A closer exalination of theBeclaBsLfications BeeDs to Lndlcate that prior toagriculature in the area, thie vetland Day have been a 1ow prairie uetland cotonunity doninated by low grrowingnative girasses and forbeE associated vith the prairie 6uch as by blueste!0, prairie dock, l{ev England aster,culvert root, cord-grass, etc. Agricuttural land use has slnce disturbed the natural wetland environnent by changing the natural drainagepatterns, introducing nutrLentB and sediDentE lnto the wetland, harvesting the vetland for hay, pasturing, andpossibly cultivation during dry periods. llhe overalleffect of this disturbance haa resulted in a setland andplant conmunity different fron a low prairie. At one tine the vetland nay have had a natural conbination of red-top grass and reed canary grass and an abundance of forbes such as giant golden rod, Darsha6ter, guaDp aster, red 6te! aater, etc. Eosever,agricultural disturbance Dost benefits reed canary grass which is now the Doat dorDant vegetation in the vetland. Based on this analysis, the present classification that best flts the uetland ie an agricultural dieturbed frest(uet) Deadou vith an aggressive and doninant populatlon of reed canary ffrass. A coDparison to CLrcular 39, U.s. fl6h and t{tldlifeservice indicatee a vetland classLfication Type 1 aeasonally flooded baaln or flat eet t[eadou. 1 2 -1- I. The wetland vegetatlon is supported by an exposed highgrround uater table and by Eurface runoff. The prinary source of uater is frou ground uater. surface runoffnaturally outlets via a ditch located on the southwestcorner of the vetland. The exiBting yetland does notrhoIdtr or idetainr surface runoff w. B. Present active ground water elevation: 950.9. C. Potential high water elevation: 952.9 to 953.5. D. Ponding and Drainage: The surface runoff to the retland florrs-through the basinwith nininal ponding or detention. Proposed Wetland Alterations A. ObJective The purpose of thia setland alteration project is tochange the existing wetland doninated Uy J roOt cover ofreed- canary grass into a conbination Lhallow and deepnarsh environtrent. Ihe dredging uill create a deep uarsircoununity surrounding a 24OO Bquare foot nesting ieland.Along the reat, north and Eouth banks, shalltu banksgrraded at a slope of a naxinum of 1o:1rlll provLde areasto encourage growth of energent vegetation (ahaIlounarsh) for refuge and food for ullalife, eefeclallyraterfowl. Overall, the project slll -enha-nce thaexisting uetland as a sildllfe and yaterfoul habltat andprovide an aestetic anenity to ttris property and adJacentproperty ouners. Refer to plan for pond grrading, erosion control, outletstructure and restoration reguirerents. B. -t- water table durlng wet periods nay temporarily cause awater depth of 1n to L2n depth - this rrater willcontinually drain froD the uetland. c. Vegetalion: Predominant population of reed canary g"rass. D. Habitat: Some food and cover for 6r!a11 upland aninal and birdspecies. III. Existing Hydrologic Data A. General: c.Fj.lling: WiIl be done beyond the existing wetlands andrestored sith natl.ve gEasses and vild flouers. D.ceneral setland data 1. Existing uetland on property (estiDated) acres.1. 93 v. 2. Proposed alteration area - O.88 acres. 3. Undisturbed uetland = 1.05 acre. 4. Proposed area for ftUtng = 1.1 acre. Proposed Hydlologic Data A. Existing watershed and uetland basin parameters 1. Area: 25. 80. 2.Land use: open space, Ioods,structure CN = 62. Deadou,one naj or Outlet to Lake llinnewashta, DiniDal detention orretentl.on of runoff in wetland basin. 4 Drinage to setland is overland floy, no storn Eeyerin vatershed. 5.water quality: lftre existing basin provides forprinarily Bedinentation re[oval. Since the runoffflors through basin, tbere ie nininal nutrient reDoval. 6..'Q discharge during ]'oo-year atorD, 5.9.t ln 24hours, scs hydrogEaph uethods - 50 cf8. B.Proposed ratershed and yetland baeln paranetera: (thereis no change in the hyclrologic paraDeterr in tbe ratershed fron existing to proposed except aE noteA). 1. outlet: A 12tr CilP rLlI establlrh an outlet atelev. 953.5i norDal yater elevation Ln the pondrill range froD 953 to 953.5. 2.Itater quality - Ttre dlke and 12tr CHP outlet uillprovide detention Btorage for removal of uaterborneeedinente. Renoval of nutrienta rill be enlrancedby the retentlon cbaracterl.gtlce of a deep openvater pond containl.ng a large volune of rater. Q discharge frou a loo-year stor[ aasuDlng a normalsater elevation of 953.5 - 5 cfs.3. -2- 3. 4 water budget - Ttle uaterahed rill contrlbute anestirnated 7.46 acre feet of eater, approxinately2.7 acre feet yi11 evaporate leaving an annualchange of pond volune of {.6 acre feet. Grounduater elevatlons of 949 to 952 are estirnated to bethe base level vhile the 4.6 acre feet rill bringthe nornal level up to the 953+ elevation. lo heLpDaintain a nornal elevatlon of 953 an lrrlgationpunp vill be lnstalled. The uell vill punp lntothe pond. Irrigation vater rill then be purped froD the pond for uatering purlroaes. -4- D Tp -TrEP €nsrru1 €A 24 HOUR STORI1 TYPE II DISTRIBUTION ******************************t* KORDONOI.IY r OOYR 24HR INIT Tc = l2.OO min 54s Runo#A17/ra Trapk/co ?L - e/ /,L INPUT VARIABLES: AREA PRECIP CN TOTAL Tc _t,{IT HYDROGRAPH: 25.8O acres 5.9O in 62. OO 12.OO min 3. a. 14. 132. 33 min 87 min 78 min OS c{s TLN0FF THIS AREA = 1894O2.74 cfTOTAL = 1894o.2.74 c{ {{AX RATE = 49.85 cfs HYDROGRAPH STORED IN FILE KORIOO **** STOIRII I{ATER HYDROLOEY **** Retenti onlDetent i on Basin Design IIFLOII FROI.I FILE KORIOO INFLOT{ VULI {E = La94O2.74 c+ IRRE61.[-ARLY SHAPED POND fiaposea b*rrt 3rOZa6 6 fip,qU srg/oo ?L - ) / ,qr?-' STAGEft .5 1.5 2.3 3.5 STORAGE cu ft 20230 70250 135750 190000 RETENTION H 3.49 ft OIJTLETS: SI.JBT.IERGED ORIFICE TE I GHTDIAtl = I,IAX DISCHARGE = BASI N VT]L. BASIN DEPTH o.ol ft 12.OO in 5. 11 45050.37 1.73 cfs cf ft CTCHC,ELL a MAEISC,NT tNc. Job No._ ENGINEERS o SURVEYOBS. PLANNERSSOTLTESTTNG Sheet_of_,1/n /so PD crd Date Proiect By Subiect /, froo eb.*a6, 4looo 9ss Zraoo ?Er" Dqd 0.€zoF-rZ /,€70/ z€o a,([7?isD /""-*J. ?ss, s (sa,Fr) )zrooo Uoug (ar'er\ o 2otzto Sopoo b?fiO o 4., l/ott rne (cu, Fr) o Ae-r4 ?s/ 71, ooo U / ..*ri1:iy'* ProJect 6.c L Drt. Drtc //sho €Locacton /Aa/t /t o +.,t 4 Chcckcd Clrcle ooe:Dcvcloped Use ooly one el sourcc pcr llne.Totrls - U.. CN -l- ( CN (nclghtcd) - cot.l product - /t 4toiil-i ,, ef,? 2. Runoff Frcqurncy Ralnfell, p (24{rour) ,t tn 'j!:i- :'.i1" q';i;; - i;;i.. i:i ; - ;i;. . i:i,,.or cqs. 2-3 end 2_4.) reSen crt -!/ Soll nane and hydrologlc troup (rppcodlx A) Covcr dcscrlptton (covcr type, trcttocntr alrdhrdrologlc cpndt tlon;pcrccnc lepcrytous iunconncctcd/conncctcd (rpcrvlout erca ret lo) I o 5ct- I a\a T 9. {tI ao h Arcr Product of Cl{ I e rea loc@)6 /r+La a.1& r../- na ktry' ryzo" 51a.a y'v,o, 6t J!,7'tsb pr i;i fr.,'.'.- 7 , 4t; . .. f '- lL,Tr:"o,?g 0, t{ e'ltl I E6LFAI Ston ll Stom 12 Storr 13 /D too 2.2 /,2 5,7 o,/y'o,7//r?y' ( D-2 (2|OV!.TR-S5, Second Ed., June t986) rt onrsn€ct z: t(unoll curye nunrD€r and runol.f l. Runoff curve nuobcr (CN) rl ,, ffLv_ 6 /,5 d..r..b"r2 Ol STATE OFh0h0trs@TA DEPARTMENT OF NATURAL RESOURCES llETRO REGIOiI TATERS - 1200 IARI,IER R0AD, ST. PAIL, llN 55106 i{or.E L0. 296-7523 April 24, 1990 l{s . iloAnn 0l sen City of Chanhassen 690 Coulter Drive Box 147 Chanhassen, llN 55317 Oear Hs. 0l sen: FILE '{O. HILLS DEVELOPI{E},IT, CITY OFRETHot'tAs xoRDoNol{Y, LAKE SUSAN CH I'IHASSEN, CARVER C0UNTY The DNR - Division of l{aters has no coments to nake on the Lake Susan Hills P.U.D. plan amendment. It does not appear to be rithina shoreland district or a floodplaln and no protected raters occurrithin the Iimits of the development. Lake Susan HilIs llildlife Duqout - Thomas Kordon owy Cell Strauss Area llydrol oglst C214: kap cc: ,Ion Parker, Allll The proposed uetland alteration ls not wlthln a DNR protected vetland and will not require a DilR protected waters permit. The DilR Area llildlife llanager (ilon Parler 0 445-9393) should-be consulted inthe design,of the rlldllfe dugout to ensure that the proposed changes wi'll be beneficlal to yildl lfe. Thank you for the opportunity to coment. Please contact me or Hydrologist rJoe Richter at 296-7523 should you have any questions concerning these coments. Slncerely, REGEI'i:L' APR 27 gt(} rITlof cHAl{tulsiEll I'T' AN EOUAL OPPONTUNIY E PLOYER ,ONING lfi4n DIVISION 2. WEII.A}TD ALIEBAIION PENMIT futLGquzlhwbbns 8Gc. *agf . EcqEtred. rhe folloriag rctivitiee ere pohibitad ia thc lctled rra i-,ricrt€d ualo tlc cityqracil iearee a rctland altaati,oa petait allriry tha rctivity: o) scientifc rr*arc.h pro.ic*a ia r rrrrr A c' atrc B retle t rhic.h rlter tlc ;dlead @) P.blic rcls ia a ab.. | 6' cr- B rralad c'oqt fo oocgeocy public r[b rLich.ri.rl lot trquir a tetlrd altacetio paait (8) Cle,etion d D@ds 6' rLrrr ud eltrreEor d tf,e uafraral &dDsSEmyt G ,rter 6urg Of g clr.q f, 96 Clro I srgt|gna ({) Beaoval froo chre A retland d Ee€8 c r{"trtio! Gs@ hsy, cops ed rlirue<t -6 "1o6 darroged treea aad vcgetatiou rhicl .hau aot roquire e;etteld elteratioa peruit. (5) Docls, wallrays aod boardralls, rithi!.t... A c B @ (6) Iartalling c rtplaciag ibaia tile 6'fi963 is 1 atme I sgtLD{. R€pn;;-g ,'iding &aia tile, il a clr." A wctlaad if t.be prqcrty hm ld ben iu rctive lgricultnl..I tree during tle twelve (li!) moathr p,eceding Fcbnury f9, 19BZ. (/) rlevelopmeut ia ary claer A rctlaml G ?itLi! tDo huDrL,ad @o) f.et sf l arrre I retland that ia rithin thc retleait r retrnhcd. (8) Septic o oil ebrypUoa ryrtcoe in r cJu B rctland. (9) Sedioeutetioo bssiu iD e cL. B rGdloa (10) Any alhrcture i5 I elro' I q'! wtlaad cocpt fu rnirror sglsgiss rad eddirlior to single-faaily d*ac5ed dwclliry!.-i*'ng Fchrrry fg, fgS? -\.t & oot rcquin a Tetleud slt€ratioD p€raiL Of) Diggiag, drcdgiag, Glling ia r clrr A c B rttlril (Ul) Advertieing eigu iD e cberAcBr*lrnd- (OnL No 8{1, ArL V, l 2A($2t' t2lrffi) t : . + ( 't it t : I tII* 1-a 1i 8cc. *a,rr. fpfDcUon,lrruracr, *c. .r. ltc rplicrat fc r retleod rltantio pcrolt a.-n furairh thc tfcaesm rrmtnd tythc city i'lEdilg b"t Dd tiDit d tq r dtc ptaq tryqrrguic &tt .Dd \ydDologic.t'di. futf,c revier da rctbDd dtarti@ E roit qlicrtio" A ntrrul.It66o Dadt 6.It Et be ilocd titl@thlviDSbceo6ilt raiclcrlbytbptraairy..r',-r-ro od aDpurittlthe ouDdl folloriDs the rwiar prccanrr dffi fa ooditiorl ur pcoltr rho.dird&ell heve tbe bnurdea dparviag t}et tb pqcd ur c riivitl cmplirr ritt tbr;;-, iatcot aad ot}c pwidoa dttrL u6.ra A DGrDrt aurt be epprovul by r tl.c-nrthr v*o d tt91 ; : 8 <,2 : a26 Eo oz P E I I i tI \ot q -1 ! I }1 E it oI c r.-E, -1 r',-.- tll\,;I r. e iEt.- :Ili ii tili ::ril:!, ii! t r,' l,' I ! ! a t I I I a I -tI+: rr! , il! 'll. ll! ll' + s*] It .1,:;r It't a.{ ^(- t'. I: It =zoo&oxo a.o F I :)t trI :!Pi;-'i; i!: iE l:i !-- '5iii !:' (,Z ;o oto I I t I i ! Ir". 't. c i I I ? .. i u: i|., I t ( ,l ,t ,l I I I t 1 r.- E 'f I I { I !Eiiii II!i u lir Z9 i i 0 t;at \\ oo a v /4 a,'o-c. -..=\:_ 2 I I Loc,tr. ALT RAT N0 NA DE-ILhI toNE 4 ,'71 '1 ._l )t02t \ r.)i/ il,.i '!.r --t t- I ./i @ 16,.' ) \:I l li '2 ) A -$ d\U.,t'fll g <)I d" u .\\ L 16 24 12 12 4 5 'lz lf 11 - .t- 99,-1 \ 1i I tlO 2 I o\ I il I il & ,t/ -\,.'1 \.,., \, r/ I \ i_-l I I J r"'--.1 t; , o. I I 4.., ,..nt?i I t) ....: I a lt+-.- <\ ,)o\;=- $ \' I t.:; -.}.. .. .,6 -"-?1'--- + \\ )tt 'o '. t : a. ,+ CITY OF EHANHISSEN PC DATE: CC DATE: GASE *: s/1-6/eo 6/LL/eo 89-20 SUB STAFF REPORT Fz c)JLL g E UJ tsa Subdivide 3.2 Acres into faro Single Fani]y Ipts of52,842 sgudre feet and 7].,592 square feet and Exchange Iand Betueen Iot 3, Block 1 and L,ot 2,Block 1 PROPOSAL: I.OCATION:355 Pleasant View Road APPLICANT:Robert Sathre 355 Pleasant View Road Chanhassen, UN 55317 PRESENT ZONING: ACRX,AGE: RSF, Residential Single Fanily 3.5 acres DENSITY: ALTACENT ZONING AND IAND USE:N - RsF, single fanily S - Iotus Lake E - RSF, single fanily w - RSF, single fauily Avallable to the site. The site is a riparian 1ot between Lotus Lake and Pleasant View Road andis heavily wooded sith mature trees. 2OOO ISND USE PI.AN:-Low Denslty Residential WATER AND SEWER: PEYSTCAL CHARACTER.: sathre Subdivision Uay 16, 1990 Page 2 BACKGROI'ND This iten appeared in front of the Planning Conmission on January2, 1990. The proposal then asked for a subdivlsion of the parcelinto two lots (AttachDent #1). on January 25, L99O, the applicant requested uithholding any action on the subdivision until furthernotice (Attachnent *2) . The original proposal uould have subdivided the site into two lots,both of shich would have had frontage on Pleasant View Road. Theexisting hone, located near Iotus Lake, vould have had frontageprovided by a long 90 foot iride neck out to the street. There are two issues that renained undresolved at the Jqauary zndneeting. The first had to do with Baldur Avenue, an undevelopedright-of-way that was partially orrned by the City. The result-inglot confignrration was highly unusual since Baldur Avenue is locateda distance fron the bulk of the parcel . euestions were raisedregarding the disposition of the unusual right-of-way potentialuses, and access to a 1ot located on Horseshoe Curve. euyestionswere also raised regarding the Cityrs reguest to confirm aneasement over the existing dirveway to a lift station located alongthe lake. Since the last ueeting, there have been several actions related tothis proposal . The City vacated its interest in a portion of theunused BaLdur Avenue Row since there waqs no pubfic purpose inretaining it. secondly, the City Council adopt;d a ned ortinancethat aLlows lots to be served by private driveuays in 1initedcircumstances. This elininated the need for tot 3 td have directedfrontage on Pleasant Vietr. The final factor is that the propertyowner uas able to negotiate an agreenent uith the owners ot trrL rolon llorseshoe curve. They agreed to an exchange of land nhereby the1ot wourd be ipcorporated into the plat and rind wourd be exchingedto satisfy both owners. ANALYSIS The applicant is proposing to subdivide 3 lots fron a 5.0 acreparcel. Tso of the l-ots are existl-ng and occupied by existingh?T9=: The pl.at a1lows the lot 1ines to be- retocited. rnaddition, a n9r, 1.21 acre lot located on pleasant view Road wirr uecreated. This 10t will be made avairable for new constru"tiorr.rot 3, Block 1 rrill have no street frontage but wirr be acc-ssea uya private- driveway.. section 1g-52 (o) pErnits "p t" -r""i -iot= tobe served by a private driveway if the city fi;ds the foltowingconditions to exist: 1. The prevailing developnent pattern nakes it infeasible orinappropriate to construct a-pubtic street. * l driveway exists at the_ present tine and serves the existinghouse. - B-ai9d upon a review of the surroundLng "."j, "liri n",concluded that a street extension wour.d not ierve 'adaitional parcels and could result in extensive tree loss- Sathre Subdivision Uay 16, 1990 Page 3 2. After reviewing the surrounding area, it is concluded that anextension of the public street system is not required to serveother parcels in the area and prove access or to providestreet systen consistent with the Conprehensive PLan. 3 * *At the present tine only one residence viII be utilizing theprivate driveway and an extension of the publ ic street is notrequired to serve other parcels. In the future, it ispossible that Lot 3 could be further subdivided but if anadditional lot is created it could be adequately served by an upgraded private driveuay. The use of a private driveuay will pernit enhanced protectionof iretlands and nature trees. The site is heavily wooded, should the applicant provide astreet up to city standards, a large nulber of trees wou]d have to be removed. As it stands right not, no additionaltrees will be renoved. Iot 1, Block 1 will be served by a drivevay accessed on Pleasant Vien Road. llhe standard utility and drainage easements are beingprovided along the lot lines of the plat. Public utilities areavailable at the site. Both lots uill be aerved directly by driveways from Pleasant View Road. The lots are large enough sothat both have sufflcient area to be further subdivided. Iot 3 canbe split into several additional home eites. I6t 1 noufd bedifficult to subdivide further due to the location of the existing driveway and probable location of the neu home. streets lEhe proposed driveway that irill serve Iot 1, Block 1 is accessed on Pleasant View Road. A private driveway that serves Lot 3, Block 1 runs across Ipt 1. on busy streets such as Pleasant View Road,staff uould normally consider the feasibility of requiring that the two lots share a driveway, since reducing the nulber of curb cuts promotes traffic safety. In this case, due to topography and tree coverage, shared driveways are not recoDnended. However, the driveway location should be a miniuum of 100 feet fron Horseshoe curve to Daintain adequate sight distance. Ttris location is Lllustrated on the current subnittal. To ensure that future ownersare aware of the required driveway location on Lot L, an appropriate notice slrould be placed in the chain of title. A driveway and utility cross easeDent should also be placed in the chain of title. The applicant is dedicating 33 feet from the the center of Pleasantview Road to the city for the potential future expansion of Pleasant View Road. The existing 1ot is currently platted to the centerll.ne of the street. Baldur Avenue exists as a paper street. The rresterly 15 feet of Baldur Avenue uas recently vacated and theapplicant is in ownership of the easterly 15 feet of Baldur Avenue. The applicant is proposing to add the southerly 215 feet of Baldur Avenue to Iot 2, Block 1 in return for a triangular shaped portion sathre subdivision Uay 16, 1990 Page 4 of I,ot 2 located on the southrrest of lot 2. The applicantrsproperty extends to include a portion of Horseshoe Curve. Theapplicant is proposing to dedicate the 15 foot wide portion Horseshoe Curve, rhich he ovns, back to the City. This willbenefit Lot 2 by giving it street frontage, as at the present time,Iot 2 has a cross access easement to enter the property. Ttre cross access easement uas granted by the applicant to I6t 2. A right-of- way easement exists on ttre easterly portion of Baldur Avenue. Theapplicant is requesting vacation of thls easenent. The City doesnot need this easeuent and reconnends vacation of the right-of-wayeasement. This proposed solution for Baldur Avenue is supported bystaff. It uiII prevent the creation of remnant lots and irilIprovide the necessary lot frontage for lot 2, Block 1. Park Dedication/Tree Preservation The Park and Recreation Conmission reconmended that park dedicationfees be required in lieu of parkland. A tree preservation plan should be prepared. The City is requesting an easenent over the existing driveway toobtain access to a lift station located on the southelst corner ofLot 1, Block 1. The driveway easenent was dedicated to the City in1977 but was not recorded. The City has used this easernentcontinuously to provide access to the lift station. A sanitarysever exists over the southerly portion of Lot 1, BLock l, Lot 2-,Block 1 and extends over Baldur Avenue. This easenent over thesewer line must be shohm on the final ptat. gpical easements havebeen provided, 5 feet on the side and rear lot lines and 10 feet onthe front lot line. Easenents Ordinance 15, OOO Lot 1 52,842 L25l 30r front/rear 10 r sides 2531 10Or front 3Otrear 150 r & 300 r sides N/A 250.N/A CO!{PLIANCE WITII ORDINANCE . RSF DISTRIqTLot Lot lotArea Width Depth Hone Setback N,/AIrt 2 Iot 3 82,738 7L,592 90r L87 I N/A 2431 Variances Required - None STAFF RECO!.{I,IENDATTON Planning staff reconmends thefollowing uotion:Planning Conmission adopt the sathre Subdivision !,tay 16, 1990 Paqe 5 iThe Planning Connission reconnends approval of Subdivision 89-20as shown on the plat dated April 15, 1990, and subject to thefollowing conditions: 1. The driveway access to Iot 3, Block 1 shall be placed in thechain-of-title of the Lot 1, Block 1. 2. Easements required: a. Reflect the existing sanitary seuer easeDent over Lots 1and 2, Block 1, and Baldur Avenue. b Driverray access and utitity easenent over Iot 1, Block 1. c. Utility easement over the sanitary sewer along Lotus Lake. 3. Park and trail dedication fees wiII be required in lieu ofland dedication. 4. A tree preservation plan must be submitted prior to issuanceof a building permit. The plan should illustrate hor., the driveway and home ptacement and construction will minirnizetree loss. The plan nust be approved by staff. Preservation areas shall be adequately narked by a snow fence prior toconstruction to avoid damage. Clear cutting of trees 4t' incaliper or larger is prohibited. tr ATTACHI{ENTS 1. Report dated January 3, 1990.2. I€tter fron Robert sathre dated January 25, L99o.3. Report olr vacation of Baldur Avenue.4. Prelininary plat dated Novenber 6, 1989, revised on ApriL 12, 1990. I II iliHri titirll! i lrt!! i ltihii, I r,iiltiliii1i....!r.ll:!i lli!|, ig;;;$!i;!;tii:II ir ? j s ? o F- o t- t E q a ! f, o* ! ilIililflE !l ? tA!€ ) .:1. ,1 iir.;! ei!Ilid,J =;2i 3:':<:::..:.:: . , ir: o::' I d.t tl. -,& o E -l' ;l L-] '(t' l\, I 'i ?- I ;n'r' j t- I c C1 { j'+, \ t'. c' ,€.i' '-)' l;:i ;! ,l fiFv,*, at'rr'-\ l* | .rrW :'/ I il u ) .C '1=-; I II uofl5 1-: l \\ .- .:, ( ) , EHINHIsSEN I}.C. DATE:-alan. 3 , 19 90 .1 C.C. DATE: ilan. 22, 1990 G[88 NO; 89-20 SUB Prepared by:A1-Jaff/v STAFF REPORT Fz () J(LL ( E llJh U, Prellnlnary Plat to SuMivide 3.2 Acres into fwoLots of 2.08 Acres and 0.78 Acres rdin t, cty ldrilnEtil A,dooet'& llo';!';i- leiccted--365 Pleasant View Road 1,;L' ,a/22/4 ode SubmitiEd to Ccmtr!$hi PROPOSAL: LOCATION: Robert Sathre 355 Pleasant Viex Roaal Chanhassen, DrN 55317 PRESENT ZONING: ACREAGE: DBNSIIY3 ADJACBNT ZONII{G AND ITAIID USE: WAIER IITD SBXER: PEYSICAL CEARAC.T RSF, Residential Single Fanily 3.5 Acres N- c- B. r- RSF; single fanily Lotus Lake RSF; single fanily RSP; aingle fanily Available to the site. The site ls a riparian lot between Lotug Lake anA PleaEant View Roadl and heavily roodedl rith nature trees. 2OOO LAND USB PLIN:Lor Den8ity Residential \.-ITY OF I /s /i". ,,, Dlte Srbi::lie. to louncll APPLICAHT: g I I UNTY TIOGEcauR'i CA:,JADE t- :' ! I -8 I 'R4 RS 1 R4 1R t a LAKE RD -R cra( !c O1 .lllc i) 90uqr L E { f 1 a n I f \ c a o to?ubdivi LIKE ,,, \, I ) iI;l) v t;\t\ ,u I rR12 "$ ot .J I II II I I \l I \I a .1. f;t-E} )\ l.-.I .{l.Ga ,:LI ) I 1 s, 1 (a I[+ Sathre Subdivision January 3, 1990 Page 2 BACKGROUND On August 19, 1977, a ILot 1, Block 1 and sout Paper street) ras acgui driveway easement eas dthe lift station locateI (Attachennt ll). oot sanitary sewer easement south off Baldur Avenue (which exiEts as aby the City. Also, a 15 foot side cated to the City to allow access ton the southeast corner of Lot 1, Block for lots he process of 5fho red edido ANALYS IS Ihe applicant is proposin3.2 acre parcel . This 1oconstruction. The remainexisting house. Both lots meet standard uti litthe lot lines osite. Both lot Pleasant Vien Rsufficient areainto several atlbut at the present time variances would behaving no frontage on a public road. Staff o aubdivide a 0.78 acre lot from aill be made available for new2.08 acre parcel contains an of the requirements of the RSF District. Thenil drainage easements are being provided alonghe p1at. Public utilities are available at theill be served directly by driveways frosr. The lots are large enough that both havebe further subdivided. Lot I could be spilt gttw ing allyaftsw oadtodir ional home sites at some the futurepoint in requiredis in t In the attached memo, the Senior Engineering Technician addressesthe utilizatiqn of existing Pleasant Vier Road for access. Ee isrequesting that the proposed driveray for Lot 2, Block 1, belocated to the extreme eastelly edge of the lot to provide ade- developing ordinance revisions that rould clarify this issue.Lot 2 could not be subtlivided due to 1ot width criteria. Streets guate sight distance from the corner of Pleasant Vieu Road andh as Pleasant View, staffty of reguiring that the twothe nunber of curb cuts pro- due to topography and tree 21 an appropriate notice should be placed in the Chain-of-Tit1e. The City is reguiring 33 feet fron the center of Pleasant View Road be dedicatedl for the existing atreet and potentially future expansion of the road. The eristing lot is currently platted tothe centerline of the street. Avenue exists aa a paper atreet. The weaterly 15 feet of Avenue waE vacated. fhe applicant is in ownership of theIy 15 feet of Baldlur Avenue. Ihe Bal.dur Avenue situationte unusual in that it is a 'tail' extending fron the lot conmendett. To inaure that ed driveway location on Lot Eorseshoe Curve. On busy gtreets Bucsould normally consider the feasibililots share a driveray since reducingnotes traffic safety. In this case, coverage, Bhaled driveways are not refuture owners are arrare of the requir Balclur Baldur eas teris qui Park Dealication The Park and Recleation Conmission reviewed the plat at their Deeting of November 29, 1989. It was their reconmendation thatpark dedication fees be required in lieu of park land. Bas emen t s The City is requesting an easement over the existing driveway to obtain access to a lift station located on the southeast cornerof Lot 1r Block 1. The driveway easement sas detlicateil to theCity in 1977 but rras not recordled. The City has used it con-tinuously to provide access to the lift station. A sanitary serrer easement.exists over the southerly portion of Lot 1, Block1 and extends over Baldur Avenue. Typical easements have beenprovided, 5 feet on the siale anil rear lot lines antl 10 feet onthe front lot line. 90 93 114 L25 300+ 28 30 100 NA 10 160,/300 N/A 30 30 N,/A Sathre Subdivision January 3, 19 90 Page 3 that will be severed from it ehen the Pleasant View right-of-wayis dledicated. The applicant eishes to retain oirnership to pro- vide some neans of accessing the lakeshore although he is awareof orclinance restrictions on its use. Balilur Avenue is currently being used as a driveway access for the property southwest of thesubject property. The property using the driveway for an access can be subdlividetl in the future. In oraler to prevent these lotsfron being landlocked, an easement for right-of-way for futurelot access rill need to be secured. The northerly portion of Baldur Avenue si1l neeal to be dedlicated to the City to provide access to these lots and ROw for Eorseshoe Curve. The renainingprivately owneal port.ion of shat rould have been Baldur Avenue ROI{ should be platteil into an outlot since it is unbuildable. Staff has also proposed a condition that would restrict clear cuttingof trees over 4n caliper on this outlot since it is visible from Lotus Lake. COUPLIANCE TABLE - RSF DISTRICT tot L,ot Lot Pront SideArea Witlth Depth Setback Setback Ordinance Lot I Lot 2 15,000 90,605 33,976 Rear Setback VARIANCES REQUIRED None. Sathre Subdivision January 3, 1990 Page 4 RECOMMENDATION Planning staff recomnrends the Planning Comnission adopt the following motion I 'The Planning Conmission reconmendls approval of Subdivision 189-20 as shown on the plat dated Novenber 5, 1989, and subjectto the following conditions: 1. The driveway access to Lot 2 shall be located to the far easterl.y eitge of Lot. 2. Notice of the location shall be placed in the Chain-of-Title of the lot. 2. Easements required: a. Reflect the existing sanitary sewer easement over Lot 1 and Baldur Avenue. b. Driveway access easement over Lot I, Block l. 3. Park and trail dedication fees will be reguired in lieu ofpark land dedi cat ion. 4. A tree preservation plan must be submitted prior to issuanceof a building permit. The plan should illustrate how driveway and home placenent and construction ui11 minimizetree loss. The plan must be approved by staff. Preservation areas shall be ailequately narked by snow fence prior to construction to avoid damage. Clear cutting of trees of 4' caliper or larger shall be prohibited. 6. The f inal 'plat shal1 reflect the dedication of Baldur Avenue except for the southern 220 feet. Ihe southern 220 feetshall be shonn on the final plat as outlot A. 7. The final plat shall show the sidth of Pleasant View Roadl from the center of the existing road to the Lot l and Lot 2 front property lines as 33 feet. 8. Any tree on Outlot A rith a caliper of ilr or greater shall be preserved. A tree renoval Plan shall be submittedl prior to any disturbance of the area along Baldur Avenue. A grading plan approved by the Planning Director le required.' ATTACEMENTS 1 2 3 4 Easement descriptions. Irtemo from Sr. Engineering Technician. Appl i cation . Pretirninary plat dateal Novenber 6, 1989. I I It-_ ( Y",3--'q\'-i 1 b S\ #p" I jii' t\. ?* tt t3 t. I fI ! a I 1 .. I ,I lt I t..t.\.I ?" t f & F glat,,, r'- 9- I # a I I r I r le erugr I t- I t I ) It a $ ] SEC, | ** atq, tttlteatp, tllil/r l-ta- **e lLirr.i Eaiai I q, ,T 116,R.23, , a ,rp . ..t ''t *113.1 leltlikc (I *t,err. .t &rr*Eo*t dcc I D a 'Atal A'-.' I t6 a1 D (}Tiii .tJ.ra'irt Nczr Naroltia PhPerAttil. eag 9e aalcl Jehntoo 4t tt, P.lrg ,. alltt'fu.iP tll,rt 'tct I ac'tao'AZtft 'sltha B a O t*i a tllat*{',rr* . ".{rnosrcl.'E w a3r.n'aa.w '- Stillo.l *aer Csxtof v a aat !r. !, t 7. ,(o ( ( 0 ItA. oFt?lEx ll|rrok DEC-26-At ltED tEsrl?F. Oa i I t , .19 .ai A+tirchment #I Irll.tllfl D. t3l{EfLL alarfr3tto !lYl! axrlri3ll Lrlildll.{'77 3 l/2' Soc. I BCHOELL I MAD6ON, rNtr' CITY OF orasl ro llttt, ta.ltaa aa, D^r. rat tlt. tt, !.tttr,latrL ra. aarr r!, a & 3tt rart. ra, rata.l aai^ ra. tlat illal xB. loal! laaLlaL3 racrEx I3ata"3t3E raxD tUrvaYEa tlltt. l!. aa?a 13. c^t. tat tla. rg. a.ar. tara xa.Itta la, laa. itlt lart. x9. ttat.l En Ab3truct look 89, Prgc 202 EAST LOTUS UXT SAT{ITARY SEIER IIID TATENilAIIE ,3) A l3.OO foot drlvctoy atsriant for 3rnllrry 3'uEr llft rtrtlon rcce$ luieoi.i-iiit' iil aa ;aaa-itrr-iot i ont ng dm crl bcd ProPtrtv : All thtt prrt of 3ovatlu.!! Lot !-.td l.3rctlon l' ?oilnlhlP 116' l:lfi '?i#;t ii ff .il?;iiffi ; v'it !?er!"ll!flf#'l.:'"il:!l!, $ffi,Iiifl.fl;tril'ifli*tf iil ltiili"i:$ifl;i'frliiliiirii-i ini-6i' ri"ii'iiniiiii, -crrv.r co., l{l nn. lccordlns.to ttrt. ;iliii,.-i;f oi' ri i i-inl -oi' ilioio' i n^ttrr. 6tttc: o? thr .Rral ster of Siii''ioi-iill'cri'ilr'iiuiivi-i[inci-sodinTll.,',H'1,;il'd:'il:U]iit ii* :t lli::rlll' ll';: !#:'3i llix'ri'i;i'i,,;iii',iiig-tri- irriic-it'iiic-udng liti-:iiisitv t'q-! qol?t on uld lrk! thore rmrt ilil;ili.hlrt'i:t*ieii;::ll$#Lkiiir*'iil!.Eiii,l ili :'fiiE ili'to-I-ooiiiig-iiii-sdutfi oi_tho norur llnc of 3rll Lot s3 itli.l-Ei'Ipi'fi i;i ;itilitc-rorti tini teo 4!!.!PIt-91 !:i:' b iiii-'irsi iini of r publlc rordi tt.nc'.ll0r$$tt'rly ll.ong lalo. IHd;i; ii;;6 tt5-ttir^u iiii ii r-rld Lot si thm-c' rcat to-ut' ill"l . ;1. sltii'it'i*'1H.ff [;'igq":l:lli" l'ft';#i!.':' iiia'rro'i;iii-oi odccs-in 16o[ -s!1 of Dodr lt Pln !01 llq i::!*lF;t ;t..,tl;!.^l# i,l,:Sll:::yrli !i.!'+:ld!l!r_". 6iiiii"ir-irii-uiiirr'di'occir-ln loot 'Bo of ton& ?or Dccd rt prgc {70. Ih. crnt r llnc of nld euurnt lr ducrlDrd rr follorr: v t t_ T I I I l J a,ror\rllel a tLlrvEYoFla a3 talx?ll aYaxu3 acsln iOrrlxa. rtxr3aOta 3alal ,xg{ Eatagr DESCRIPTION I T I I I I I t. I I l I t r ETCHOELL E MADSON, INtr. r. oE- lNCtNEEnr 3 luFrvaYclta aO xlx"l,l Av3raga aolr?l,a raorr,rxa. rrrl.3a9"a lar.a DESCBTPTtOIU CITY OF CHAIIHASSE}I giDSr xo-90s8-c aalLtata Llglex l30ll"ll30 t^xE IsIY3YEt Iltt. te. a!t. aa. l^a.ltr !la. lc.l.at. tata i9. arla ta. aat, itaa taalrl. tt. ttaa.f R.vlsed I l -f-77 S l./2. Sec. I lDitr!ct Sook 89, ?age 202 EAST IOII'S L^l(E SAIIITARY SEIIER A}ID HATEE,IAIIIS 75) (Contlnucd) Togcther ilth r 15.00 foot crscnpnt ?or !!nlt.ry rc*cr llft rtltton rccrs3 gurpo3rs ovGr rnd lctps3 the abovc dcscrlbd pr'opcrqy. Thc cantcr'llire of rrld crssrpnt lc dcscrlbd rs follort; ' - Beglnnlng at thc tcrm'lnus of the rbovc dcscrlbcd ccnter llnei thence South 2l drgrccs 06 nlnutrs 32 tlcondr Etst r dlstancc of 135.00 flct and rrld crntsr llne tierc tcnnlnatlng. ?rgc 75-l I lrtSrar D. taxolL|-l3ar3?fl3D Erv[. ai!llx33r Ittr. l!. tlat aO. O.r. tra ira. t!, t.atra ,l.Ci'D. ra. attr ta. .^t. at! IaJt, la. tata.t tar rc, at!! Lr t rt. alatt DEC- =-- C,,l.l E l, l5 '49 F - 6t3 olo3l rio t. I I I J fl|rltlta D. a!t{otLLalara"lllD lrvrL axori33r Ittr. tc, ataa ll. !r a.,tta !ra. 19. t.arta tltlrar ra. artt ra.3a., ata lara?, rt. rara.a ttr 13. t!!a rar.a ta, tlaal BCHOELL E MAOSON, INC. INOlNarF.a 3 auFrr,.}'Ota ao xlla?H awxu3 aoutH rElrrxar rtrxSto?a a!!ar ,MaEtDt I3!rl"3ltD tttlD tutvtlYBl Irrra! to. alta lg. !aa. ttr It!. ta. t-lr.tot ra, atoata, 3^a. trSatatr. ta. ttar.a tellrtcr of DerdE ilorthlastcrly llne thc Eattrly llne llono lihr thor. otrr rhere thc rrm S l/2. Sec. I Abstrrct 8k. 89 ?. 202 OESCRIPTION - TIAST LOTUS UIG SAIIITARY SETIER AIID IATEilIAI}IS 3r) A 30.00 foot trtmorrry con3tructlon rrramnt rnd I 1t.00 foot-grrptur rricmnt for nnltrry'laci PnrPorct ovtrr undrr rnd acrolt thc follofllng descrlbcd ptlPlrtYl All thtt D!rt dcr of Govcrnmnt Lott 3 md I'Sectlon l. TomshlD 116, Rsng! ilorth 23'llnr of Bovcmmnt lot f , crlbcd m follom' vl l5 z! Bcglnnlng rt a po 16.5 feet I€3t of thc lnt on the ttortheart c0rne r of lot 3; thcnce South rt rl eht rng 830 23' les to thc tlorth llnc of nld Lot tl 270 fccti thenc! South Errt 4'15.7 f:cti thrnce South 240.llnc of Plrtsant Vlu.feeti thcncc South 540 19' Crrvcr Co. t tl!3t 653.6 frct to thc llorth- lllnn. rccor{lng to thc P rrJerstcrly thertof on fllc rnd of r.ccord ln ttt offlc! of th! for sald Carv:r Co unty thance Southemt rlonE nld I I I l l I 4 of Plcennt Yla to thc rhorr of long Lrkei thenc! rrld Long [tkc atstarl v tor rr{d lrh rho ls lnterrec .ll ne 582 golnt on fset les t of th. Errt llnc of ratdtdby Lot 3;llne ol ntd Lot 3i thmce Erst0oYcrnnentthcnc tlorth pt rrllcl rlth trld Ettt llne 1975 fmt to! paral P0te lrlnt 33 frct South of tht ilorth th nld ttorth llns 190 frc t Erc or lsr' to thc lcst llnt to t'hc Eutrrly ll nr0 tt Plcurnt Ylani thencc r long lv rlons nld tLstcrlv llne toitrt ti tJn polnt of bcalnnlng drcdcd to on H. A. 0frtl: md I of r pub llc rtrd; thrnce tlorthe$ter ttu tlorth llnr of rrld lot t; thcncr cxccptl nt tJrercfrsn I trrct of lrnd lenr 0?st lc by deed rccodcd ln thr offlcr of rrld Rca lrtcr of Dccdt ln Book '33" of contrrctad to bc rold bY Dc.& rt P!g3ll r l0l rnd trcGptl d decrdent to onc n9 c lm lrno rl 30t t?rct o? hnd for dmd r^ccord:d ln thr ofllcc of rrld lrglrtrr of D*d Id ty cantnctr ln Sook '3" of Bondt for Deed .t Dr$ lr0. Th: eentcr llnc of lott crccmnts lr dcrcrlbed u follorr: I l nurd !7 ) *12-76 I I I F - 0!3 rru.r^r D. aBxa3l'|rt3! rt?traD CtytL ai0tx33t Irtt. it. ttaa ,a, ttai. tallra. ta. a.ar?a gtott io o6 c ra. e^a. attIarr! r3. rtt&t aau. ta. atraitral xa. taaat ECHOELL E MADeoN. INtr. lNohtllit 3 arri\rfYE Er ao rtia?lt Avtxuf aluit,alr:txa. aalxxaaE"a 33tat- itrat E Et DESTBIPTIOiI CITY OF CHAIITIASSEII 3^aLtaLl xaoaoxtfarttSltg r xD tutvtYal -tir. t!. .lt. ac, a^i. rtl!ta. xltr tlata toi/r t3. Ircata. a^t. ttlttlr?. t3. ttat!a t. llnc; of et 412-76 S l/?. Sec. I lbstract 3k. 89 ?.202 EAST ION'S UIG SA}II?ARY SEI{ER AXD IATEEIATXS 37) (Contlauca) :itrl!: $'3.:.fl:?t:i :'.?::i::,'!?'i,tliB%$ft,:1.:T:ii ?S 9ccftcg 06 gtnutcr 0t teconds rast r ciitrnc.'4,-5{4;54 f;i-fi it 9lgtnnlng of_th! c.nter llne to bc d$crlbadt thcncr Soulh Zo-Cmrccl26 nlnuter 57 t.condr Er3r r dt3trnci or rio.si id.il-irriiici siuEir-iodcar*r -rts mtnuter_i8 rccoruts xrst r oirtrnci-or' iiilci"i;i 1Iil;cesouth 78 drgfrcs-97 ntnutes l0 rccondr r.st. dtst nii oi-idioo"iiitrnd :ald ccntcr lln: tftrm t.rnlnrfing. Togethcr ylth r-40.00 foot parpctull Gltr:nt for rrnltrnr to,Gr rndranltiry.mwer llft slttlon puip93!3 oy.r, undsr rnd riroic-iiic'r$ic ;;iiil::t propertv' rh' c'nt'r llnc of rrld mrrnmt lr dcrcrlbed $ legl1nllg.rt tJrc lgrolnus of ttn rbove docrlDed crnt$ llnci thcnccilorth 78 dqrc:s_O7 alnutcs l0 tecondr E$t I dlttrncc of fO.OO iiitand 3rld crntlr Ilnr tllcra tarDlnltlng. Also togethcr-wlth r 10.0Q loot tuponry conrtructlon rlssncnt for nnltrselGr lnd srnltrry r:rcr llft rtatl6n pu-4nrrs gv.r. und3r rno rcrpsr-ttrctDov! ddscrlbcd proprrty. Srld 10.00 toot t opollty clnstructlon .rssn nt.dJolll the northerlyr ltitcrly, routherly rnd nsterly llner of thc rbovr.hscrtbed pcrpctual ranltrry rsrer rnd mnltrry rcrcr llft statlon artomn Alro totrth.r^rlth r 10.00 foot teoporrry coiltructlon .lu!.nt rnd r 13.00foot Frpetull trsmant for 3rn!t ry rctff DurDo$t ovcr. udar rnd tcrcrlthe .Doy. d.scrlb3d DrlDcrt . Ihr crntrr llm of toth at3crplt3 trdrscrlbcd u foll*t: Brglnnlng rt thr tcmlnur ol South 78 dlgner 07 elnutes I thcncr SoutJr 69 drgru 06 nlfrrti t'hrno South 3, rhgrrtr 140.5, fcct tnd rrld crntcr I tho lrrt d$crlb.d c.ntcr tlrnce 0 rccondr lhrt I dlrtrnct 0.53 fcetnuto 2t a.ccildt thst r dlrtrncr o? llll0 nlnutrt !3 rrcondt Xltt . dlttrnc.ollnr t'h$r t mlmtlng. Al3g togethcr ylth I pcrTcturl cltsllnt ftr gulllc iltht-of{ay, rtrcct rndutlllty purposc! oylr, undcr lnd tcrcri thrt'Drrt of thc rDovdiescrlDcd Drlperty rhlch llu mttNfly of r llnr 20.00 htt rrrtcrl-y ot. rElrur.d rtr rlght rn3lr to rnd Drfrlltl ytth tllt oo3t Etttrl.y llniol ihc rbovcd$crlbed propelfy rnd !yl!g nortncrly_o! r llnr !0.00 frct mrtrrrly of,!.c!ilf!.!.. rltht rnglt to rnd purl.l:l FUr th. northcrly ltnc of'Lct-t5, PtEASAlif YtEll. rccordlng to fin nicor{cd Dlrt thtrGo?. Srld tonprrry u3mcnEto .Iptrr D.cd.r !1, lg?. ?l3p U-r I i I ) ltEr|oR.tllDUr,t TO: Sharnin A1-ilaff , Planning Intern FROII: Dave Eempel , Sr. Engineering Iechnician DATE: November 21 , 1989 690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 5531 7 (612) 937-1900. FAX (612) 937-5739 CITY OF EH[I{H[SSEN 0g SUBJ:Preliminary Plat Review for Sathre AdditionFile No. 89-19 Land Use Review Upon review of the prelininary plat of Sathre Addition dated November 5, 1989, subnitted by Schoell & ll,adson, Inc., I offerthe following conments and recomendations: The site is located south of pleasant Viei, Road and east of Horseshoe Lane. This plat proposes subdividing one lot into tiro. Sanitary Sewer anal Watermain Sanitary sewer and water service is available to LPleasant View Roail. On Lot 1 where their is an exi t 2 fromsting house nd aanitarye house adja- water service sewer service if s provided from Pleasant View Road aron the.iine inmediately south of thcent to Lotus Lake . S treets ?his plat rill utlllIt is reconmeDdeil thto the extreme eaBtedistance from the co Lane. =.i E-,{- Ei - te €:istlag ?leasalt {ier Xoad for access.at the propoEed driveway for Lot 2 be 1ocatedr1y edge of the lot to provide ldlequate Eiterner -of Pleasant View load rncl Eoraeshoe,,t-a,.! I. :' No grading glan was received rith the prelininary plati there-fore, it appears that no grading will 6ccur over t[ris ;ite. Gradinq and Drainaoe Sharnin Al-Jaff Nove'nbe r 21 , 1989 Page 2 !liscellaneous Ihe standard utility and drainage easements are being provided along the lot lines of this plat. Eowever, the plat does not show an existing aanitary aeper easenent over Lot I lying between Lotus Lake and the existing house. This easement should be ehown on the final plat (see attached). Recommenda t ion s 1 lhe driveway access to Lot 2 ehall be located to the fareasterly edge of Lot 2. The final plat shall reflect the exi8ting sanitary sewer easement over Lot 1. c: Gary l{arren, City Engineer 2 ) t : ---l A I 1l-'Sr , -:-' \ \q g o \: rD 1\'o I \8tEt5I I i I ,! 'o a \ t T,5 t Btt , l- c silrlI \ House ,/qrc! tt t tt .{ ^\L_ - ---^ or o,a lt t APPLICN{T:R,I s (9p e?z<z stuttrt 1./z*rc/ 437.2o1, ) P Fa-OWNERs IDDRESS 53r z P73 TELEPSONEo)tt )'-: "J IAIID DIYET.()PXETT APPETCa:f,IONctTr OP CEENEA!;SEII690 @ulter Drive. Chalhasse!, !l 553lz(612' 937-1900 .TDDRESS IELEPEONE (Daytlne, SEQUEST: toal-ug Dlltrlct C5aage loaing Appeal Zoning Variance Zoning .Iext ADeaatnelt tand Use plan Aneadment Conditional Use peliEit Site plan Revier . ;.':.';11".;. :.ti.*,--...+5 Sfplaracd ett Ddietolncat l+ _ Sketch plaa _ Eeliaiaary pl..n _ Fhal plan tlubdivlsiou .. .r. _ Platti.ng _ lGtes aDd Bounds Street,/EaseDeDt Vacation 9letlands perDit r PROJEC! NAM,E PRESENT IAND OSE PTAN DESIGNATION REQUESTED I..AND USE PI.AN DESTGNA?ION ERESENI ZONING R,SF NEOUES?ED ZONING IEE' pRoposED fro. SIZE OP PROPERU 3,5 I'CATION 5 4 ac! a/ uLn tL.to t\.rhrbJ bu SeTaa-c/b JChreFa^J' ast;csreJ ly C/? J. Et)rcz /77b .{*victs l/cr2,cad ove ler LEGAL DESCRIPTION (Attach 1e9al if necessaryR zs 't3,il ,4c, i" /o*f,;//b)c REASONS r1CR TETS REQT'EST I - - - -..--L.r-ilJll. - ,..s.-. -.cd}j --i:L - ' -'t City of Chanhass.rrl iil! :"""'"Purent apprication FTL ING INSTR ucirONS: Prtr NG EE RTTF rcA?roN: Signed By :i::.il'#ii:::".#":..be conPreted in ru *:qd$$;H$$#i:r'!:iitffi t*1*:t*s+:ff*'lji]ii' /rr /trAppIICANL Iff'::i::;':3"LH'i:Y-certiries that thdescri.bed. -'-- -his "ppri.iriJn-io,"'inlnEl:;:::rni:.3r.;' Da te q/r 89Fee Ow ner Dare Appticarlon Received NOV, 13 tr(1 $/oo,o o Clty Receipt No.1/?( Eti5ii::;.x1"""1; ffi::i:Tt !il"r.3" prann ins co,rii ssion./ I This Agr Eoard o nee ti ng t. r-.a.',--., ) Date q Sigled By Application Fee paid , January 25, 1990 Planning Departrent City of Chanhassen City Hall Please withhold further action on the "SathrE Addition,, subdivision appl ication until further notice. Thank you, Robert Sathre cc: Stuart Hoarn CITY OF EH[I{H[SEEN 690 COULTEH DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 Attached is vacation . On February ZO, L99O, the city Council approved the vacation ofBaldur Avenue. The City Attorney brought up tt" issue that ifr. ounshould review the vacation before it is approved. There are nolaws stating that the DNR should review a- -vacation before it isapproved, but the city has ahrays contacted the DNR as a matter ofcourtesy. After speaking to Jim Bloorningdale frorn the OUn, stafffound out that the DNR has no interest in aaraui avlnue -ina ureCity can proceed with the vacation. a lnemo frorn the DNR expressing approval of the Ii{E},{ORANDIN{ TO: Don Ashworth, City Dlanager FROU: SharDin Al--Jaff , planner I DATE: March 20, 1990 SUB]: Vacation of BaLdur Avenue i STATE OFh0h0trs@TA DEPARTMENT OF NATURAL RESOURC ES I4ETRO RTGION I.IATERS 12OO I{ARNER ROAD ST. PAUL, HN 55106 PHoNE o. 296-7523 March 14, 1990 DRAI I'IAGE SI.IALE , COUNTY LOTUS LAKE (10-6P), CITY OF CHANHASSEN, CARVER @e"€ .\}{INNESOTA., ,!r9O . RE I _am.writing to confirm matters discussed in our February Z?, L990telephone discussion. It is our understanding that ttre City of Chanhassen is considering transferring the owne-rsh i p of a drainageswale (that outl.ets to Lotus Lake) to you. !.le would have ioobjection to this transaction. DNR jurisjiction remains the sameregardless of who owlrs the swale; the swale itse'l f is not under DNRjurisdiction, but any activity below the Lotus Lake ordinary hiqhwater elevation (0Hit) of 896.3' (l'lGVD, l9?9l is unde-r Ollnjurisdiction and may fequire a permit. the swale be left in a natural , vegetatedif necessary, to prevent erosion. 29q-7523 if you have further quest.ions lle wou ld recormend that condition or ri prapped, Pl ease contact me at regarding this matter. Sincerely, C;J Y'-^," Ceil Straus s Area Hydrol ogi st C238 : kap cc: JoAnn 0lsen, City of Chanhassen 4 aiAR 1 5 t99C ClTl OF CHAN trAssrrrAN EOUAL OPPORTUNITY EMPLOYER FILE NO. ltlr. John Danielson 6607 Horseshoe Circi e Chanhassen, I'lll 55317 Dear I'lr. Dan i el son: CITY OF STAFF REPORT P.C. DATE: C.C. DATEs Feb. 12, l99O - CASE NO: 90-1 Vacation Prepared by: Al-Jaff/v Fz () =(LL ko lrJta PROPOSAL: LOCATTON: APPLICANT : Vacation of Baldur Avenue south of Pleasant Vi.ew and adjacent to Lot 46, John D. t Ann Danielson 6607 Horseshoe Curve Chanhassen, Ir{N 55317 East of Horseshoe Curve,Road, north of Lotus LakePleasant View PRESENT ZONING: ACRE,AGE: DENSITY s ADJACENT ZONING AND LAND USE: N/e 15 sq. ft. by 300+ sq. ft. ldoi 6i Ory Hiitnhl.ro. n$;:r,--Z lgH N- s- E- w- RSF, s i ngle Lotus Lake RSF; single RSF; single fani 1y Itciikd..--. .-.--_ n-:lrc:-l--_.- ---.- ._ur .-4.:-9 -. ? 9-- Dfe su:r);t:, il ia .i :nlsliot fan i 1y fanily Dd.! -:r::,:':, 2 : :.' t,..'.all ,1 '10 T{ATER AND SEWER: PEYSICAL CEARAC. :Baldur Avenue isheavily wooded an aper street which isas a steep slope. 2OOO LAND USE PLAN: apdh -#3 ,. EHANHISSEtrI o9oooo,t I o 8-t F oo!t CoJ, I ooF I I oo .D oG' csioEcoi.,il TLEcls IIDG€ N co Y oro_t otYFrc CriO-E stlasra cricLE- re.rr -silsla arlrcLf EASID I s 1'E I I \9 5300 FOt l{oLlot DIIVE 6400 oooa RS R12 6600 -6800 4+ 6900 --7tOO -7?OO --730C Ttoo 6700 L d ll SlilmrrERE ooi,9 L -R Ert^[. LO US \ RD rE E- II C ooo EX a4 LAT(E o--G---- Balclur Avenue Vacation February 12, 1990 Page 2 ANALYSIS A serder line runs through the southerJ.y portion of Baldur Avenuealong the lake. An easement does exist over the privately owned portion of BaldurAvenue but not over the portion that the applicant is requestingfor vacati.on. Staff recommends that an easement be retained overthe existing sanitary sewer line. The applicant is proposing to vacate Baldur Avenue. Baldur Avenue exists as an undeveloped right-of-way. At the pres_enttime the applicant uses Baldur Avenue to access his property. The street was intended to be platted 30 feet wide, however, theeasterly I5 feet of Baldur is under the ownership of RobertSathre (see Attachrnent *1) and is covered by a permanent roadwayeasement. This 15 foot wide easement is usetl by the abuttingproperty owner, Ronald Harvieux as a driveway access to hisproperty. It is not known how this portion of Ba1dur Avenue lrasconveyed to lrrr. Sathre but documents exist noting that this por-tion is under private ownership. The resulting Iot configuritionis highly unusual since Mr. Sathrer s home is locat.:d some-distance to the northeast along pleasant View Road. The City has no use for Baldur Avenue other than using it as anaccess to the existing sewer 1ine. The steep slope oi this areamakes it impossible to drive a vehicle to the sewlr line. Thearea is also heavily rrooded. The applicant sishes to vacateBaldur Avenue for preservation purposes by minimizing public useof the strip. The City Council should be aware that Mr. Sathre has a pendingapplication for a subdivision before the planning Commiision. Heis seeking to divide his parcel into two 1ots. fris appticitionhas tempoarily been rrithdrawn after the initial elanniirgcommission review. staff anticipates requiring the acgrlisitionof the 15 ft- strip of land coveieit by the eas6ment to avoid thecreation of a remnant- parcel .with no legitiurate use. Copies ofthe staff.report on the subdivision and planning Couurissionmeeting minutes are atCached. RECOIT{MENDATION Staff is recommending Request *90-1 for thefollowing condition: approva I vacation of of a resolution for VacationBaldur Avenue with Ehe 1 A sanitary sewer easenentCity over the portion of should be reta i ned/conveyedthe existing sanitary sesrer pernitted on Baldur Avenue. to theIine. 2. No tree removal shall be Baldur Ave. Vacation February L2, L99O Page 3 Location of Baldur Avenue. Location of utility easement. Appl icat ion Sathrer s Subdivision Staff Report anil planning Commissionminutes dated January 3, 1990. 1 2 3 4 ATTACHMENT S e)1,I/2 SEC.Tlt o , v ,/ e R. I Dr, s 8 ,.lbq24 , l,lORT i -OOtraLD.-Htr r?!, I t I .)i BALDUR 4to ? ao I I I 3 o bn o 1r529 a!r a aa tt,c bb ,OF 2 :rs AaLacT , r'"ei! , VE. : aIt l-) ^oi_ LAKE I r'26 L[eq \ - \ \., ,/I\l^rb,it a \ a I I a \ \ I \ \ 48 I ,I t \ ) a ,/ \ , a a t.-*r t90,g?, tarh*,- er'L I ,rl 20I LOCATION OF SANITARY & SEWER EASMENT \ I t I / ti- a Llaaac, e +5'l+'?oaW Seni/ory $cwcr &taatcrt? a a / / rT9 I a 6 H. A. OFSTIE Bt( slr t ol,( a t 3 a \ ,I a a rl a a a {I ttt + l'w . \ I tt r0 I i : t frLtacYirn "r,*, + 2 - a APPLICANT: JOHN D. & A}O{ DANIEISO}I qdNBR ! SA!'IE ADDRESS 5507 HOBSESHOE CI'E$,/E EDDRESS qIANHASSB{55317 ziP code 853-5769 IELEPEONE (H) 474-6504 zi p CoileTELEPHONE (Daytine ) REQTIEST: PROJECT NAII{E Zoning District Change Zoning Appeal Zoning Variance Zoning Text Anendment Iand Use PIan AnendDent Conditional Use perDit Site Plan Review Plaaned Unit Developnent _ Sketch plan _ Prelininary plan Final PIan x Subdivi si on _ Platting _ lletes and Bounds Street,/Easement Vacation wetlands permit I\OI APPIJCABLE PRESENT IAND USE PLAN DESIGNATION RES REQI'ESTED IJAND USE PLAN DESIGNATION 8ES PRESENT ZONING RSP ITEQUESTED ZONING RSF USES PROPOSED NCI'IE L@ATION ADtrACnm To LoT 45 , PlEASAInfElr' REASONS FOR TEIS REQT,EST PNESEFIE AI\ID PEOTECT BALDUR AV!]NT]E IN ITS !{ATUEAL STAIE TO AI;T€W V6TER RIJN{FE AND DRAINA@ T'ROI.I T\BCAIE .Ail1D T.!INI].{!E EFOSIC{ OF SOILI}IID IOflIS IAKE. 1I{IS WE,L AISO PREVE{I PCEAVIIAL ABT'SES CRE{IED E( PT'BIJCDISIMBANGS IN lHE FI'IURE. I I{\18 IAINIAI{ED AND PIUtsCIED THIS ]SEA EPR 20 YEAPS /IND IOUID LIXE 10 OfTINUE. LEGAL DESCRIPTIOII (Attach le9a1 if necessary)ADIACE{I 10 rc/I 46 f,AXD DAVETI)DTIEIT APPLICITfOX CITT OF CENTEASSET 690 Coulter DrLve Qfurnh6ssga, [6; 55317(612) 937-1900 SrZE OF PROPER?Y _15' x 300 + City of Chanhasseo Land Developnent ApplicationPage 2 FI LI NG rNS?R UCT rONS: FIII NG CERT IFIC ATION Signed By PP t Signed By Date Applicatloo Recelved City Receipt No. lli: ?ppri"ation Eust be coopleted in full and tra +!,_^,-_j!^cr.earLy printed and ausi ;l^-::::-:.j-:'i-: il? ?e-typewritten o! gi+*ftts*:+5il*lmtll,ti:;ii#tH[.**i: iiir l!!li!'!ff i,i::';i;t.ti:T,::J*.i,t*;ilLlit!olce*, f iesapplicable Clty OrdiDances . The undersiEned hereby certifies that the applicant has been:::::il:;: to Eake tt i" appii..iiJii-i"i"the property herein Dat e Date r ?his -Application rill be considered bvBoard of Adjusrments ana eppeiii-;; ;tDeeting. the planning Conaission/ er. r CITY OF EH[!IH[ESEN 690 COULTER DR|VE. p.O. BOX 147 0 611111615SEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 Planning ConniEslon Paul Krauss, Planning Dlrector llay 9, 1990 An Anendnent to the Zoning Ordinance Dealing with theInstallation of Iandscaping Prior to Issuance ofCertificates of Occupancy for Single Fanily Dwellings I,IEI,IORANDT'T,T !o: FROU: DATE: SUBJ: PURPOSE /Sl'U!.{ARY The Cityrs Subdivision Ordinance has long required that at least one tree be placed in the front yard of each new single fanily honeand that all disturbed areas on the lot be seeded or sodded. Ihepurpose of the ordi.nance is tuo fold, establishing the bouLevardtree requirement has an inpact on the streetscape and theenvironmental quality of the neigh.borhood, while the requirenent tosod or seed a lot also has a visual inpact but nore inportantlywill eliuinate erosion and sedimentation fron the property. Whilathis reguirenent has been Ln the ordinance many years, it has onlybeen enforced on a sporadic basis at best. Since the fall of 1989,staff has tried to addreEs this issue. Neu Development Contractshave been revised so that the responsibtfity for installation ofthese irnproveuents is cfearly established. The developmentcontract is filed against the property so that alL futurepurchasers are ful1y aware of its conditions. we have also revisedour lot release procedure. In the past, utren a Lot uas sold to anindividual , their attorney rould typically request that lot bereleased froD all conditions that had been attached by the city. The City Engineerl.ng Departnent had been releasing these conditionsrhen public improvements yhere installed but unfortunately this didnot allow for the retentLon of fund8 or the application ofrequirenents dealing with lot landscaping. This has been revisedby the use of a partial release, vhereby only those conditions that have been satisfied are released rhile others yould remain recordedagainst the property. Finally, since last fal1, buildersrequesting building pernits to build single farnily hones arerequired to sign off on a forrn that outlines all requiredconditions pertaining to the lot on rrhich the house is proposed. The landscaping reguirement is clearly Epe1led out. Staff hasestablished a policy uhereby a bullder is told that the landscaping Certificate of Occupancy ZOA Uay 9, 1990 Page 2 inprovenents must be installed prior to requesting a certificate of occupancy but that if this is not possib).e due to reather or otherconstraints, a S75o escrow rill be required to guaranteeconpliance. Staff undertook considerable research regarding theinposition of such reguirements and found that it is connonly done by nany other connunities, several of uhich require the deposit of cash guarantees in advance of the building pernit. It is ourbelief that requiring financial guarantees only at the tine thatcertificates of occupancies are requested causes the leastdisruption to the builders vhile being easiest to adninister. This program was subnitted to the City council for their coDment lastfall before it was iroplenented. Upon further discussion with the City Attorney, it was deterninedthat a problen existed since the landscaping requireroent isestablished in the subdivision ordinance and the subdivision ordinance does not directly regulate building but only the plattingof land. Therefore, it uas the attorneyrs opinion that anodificatlon should be inserted into the Zoning Ordinance, Section20-92 which deals uith certificates of occupancy, that wouldoutLine this requirenent in detail . fhe attached ordinance amendment sinply serves to reconfirn the policy that has already been established. This not only provides additional support forthe policy, but also uould help to put those building and buying nes horoes on notice. STAFF RECOM},{ENDATION Staff reconnends that the Planning Connission approve the auendmentto the Zoning ordinance, section 20-92, pertaining to landscapingrequirenents prior to issuance of certificates of occupancy forsingle fanily dwellings. ATTACHUENTS 1. Zonlng ordinance emendrent. FF'Y-J4)-I*PJ E sNFRFT @iBELL, KNJTSO.I, S@TT TO CAMPBELL, KNIJTSON, SCOTT & FIJCFIS, PA," Atunqs at Le\r, Ttonta I Qarphsll Rnger N. Knrtsrr Thornx M. Scott Cry G. Fuchs Jancs & lWhl*rn Eliott B. Knet ch Dcrurk J. Llngct lray 9, 1 990 lltr. Paul Krauss Chanhassen City Ha]] 590 Coulter Drive, Box 'l 47 Chanhassen, l{innesota 55317 RE: Certificates of OccuDancy Dear Paul: Very truly yours, CAUPBET,L, KNUTSON, SCCTT & TUCES, P.A. BY: Roger N. Nnutson RNK: srn Enclosure (612) 456-9539 Facsimih (6lZ),156-95{2 Enclosed pLease find revisetl ordinance amending Chapter 20of the City Code, the Zoning Ordinance, concerning certificatesof occupancy. Yankee Square Office III . S-dte 202 . 3'460 Vh*rington Drira . Eagan, MN 55122 I€.Y-@_Lffi 69: 56 FRO4 Ctr€EELL, KI{JTSON, SCOTT TO 9y75?39 P. 83 CTTY OF CBA}IEASSEN clRvER AllD EENNBPII COtil?IES. !(INNBSOTA ORDINA}ICE NO. lI onDlnxcl lIBraDrIc cErgItB 8o ol !Et cElIElaStrctlrr ooDr oorrctBmlc gtBSt lctt!3 0l ocguprrcr rEE CTTY GCT'NCIL 08 ITIE CTTT OT CBAI{IIASSEN ORDAINS: g.at oDl . Section 20-92 ot tlrc Chanhaaaen Clty Code l.E oa 2.Ihy orafhance eball b. .ffactlvc iuediately upon Lts paaEage ana /rOtlcation. PISSED AIID ADOPIED by ttre Chanhaeeon City Councll thle _ day of , 1990. Don ABhuorth,clert(,n{anager Donald J.,eI , llayor _1990. ) aDended by adding rubparagraph (c) to r.!d r' foll*s: (c) If the lot on rhlc.h a certitlcate of occupancy fora sLngle fatily &relling le rcqueeted te subJect t-o IandscapJ.ng requlreoentr rct forth ln the developuentcontract ulth ttre Clty. a certLflcate of ecupancy ahall notbe Lseued unleaa the landscaping haa been corlletla orunless a S750.0O, or guch other aaount ae detlnl.ned by tbeClty,a Planning Director, caah eserou or letter of creait 18furnished th€ Ctty - gruaranteeLng coapletlon rl,thln Btxty (EO)days, ueather perulttlng. ) I I tOsl09l90 ToTq- P.g3 Ar!ESTS (hbltehed ln ttre Charilrareen VillaEer on CHANHASSEN PLANNING COI.I}IISSION REGULAR I.iEETI NG i,lAY 2, t990 Chairman Conrad caLled the meeting to order at 7:35 p.m rEHBERS PRESENT: Tim Erhart, Sleve Emmings, Annette ElIson, Ladd Conrad,Brian Batzli, Jim t^lildermuth and Joan Ahrens STAFF PRESENT: Pau I Planner ; and Sharm i n Planning Director; Jo Ann Olsen, Senior , Planning I nter n Applicant, Lotus Rea lty Deve I oper Ridgeview Medical center Manager , Chanhassen Hedical center Krauss,Al-Jaff PUBLIC HEARING: VARIANCE TO THE SIGN ORDINANCE TO HAVE 2 I"IALL SIGNS AND SITE PLAN AHENDT,IENT FOR THE CHANHASSEN I{EDICAL CENTER LOCATED AT I.IEST TATH STREET, BRAD JOHNSON - PubIic Present: Jo Ann Olsen presented the staff report on this item. Chairman Conrad called the public hearing to order. Brad Johnson: r guess what I'd like to address is the things that Jo Ann was addressing was primarily thal this plan had not been aPProved by either the Planning Commission or the Cit), Council yet 3 of us were at this meeting where they approved it including Arvid Ellness and we've got records of shipment of plans to here on the 17th to Steve Hanson. The only thing ure're missing is Steve Hanson because he's not here to deal with it because at that time we weren't dealing with this Particular PeoPIe on the staff. So it's been our feeling from the very beginning and until what' Friday or Thursday of last week that 5 signs had been aPProved on both sides. So He're kind of surprised. Secondly then I think we'd just like to present it based upon it's merit and you can reconsider it so that we'11 present our case once more and hopefully it comes out okay. So that's probably how we'd Iike to aPProach it. tle have John Jacobson and.'.from the Clinic...and Bob Hoveland urho uorked with us on the original revieur. Let us show you where the signs r.rould be located first. This is kind of a big plan of what downtown... To get a }ittle history on why Lhe building is where the buiLding is so they'Il understand. This is a total PIan for the downtown area. Site plan. Brad Johnson: Right behind it. Na me dddr,e-s-e Brad Johnson Bob l*1i thu ne John Jacobson , Vice Pres. of Professional Services Dan Anderson Bob Mithune: Hopefu]]y you're all oriented so just briefly, this is the Kenny's and so on, strip center right here. This is the new professional center, office building and this is the existing lawn sports and Lhe Riveria over here. And the Heritage Park apartments are right here. Planning Commission Meeting llay 2, 1990 - Page 2 Bob Hithune: Originally our first plans that u,e submitted to the CiLy hadthis building back here. Right along here and aII the parking in front butthe City didn't urant that. And the City didn't want it I guess because number one, just Iike what is going on over on this side of the Riveria. t^lhat's that cal Ied? Brad Johnson: Town Square, Bob Mithune: And similar to this development and secondly, Lhey thoughtthis would be more like a building in a city. Dob,ntown city Lhat's right up close to these sidewal^ ks. So we went a1on9 with that and uJhat thatresulted in is a buildins uith maybe 2 fronts. I think that's importantfor consideration. Brad Johnson: And where do we place the signs... Bob Mithune: tlel] ue wanted 5this side, L, 2, 3, 4, 5. signs Iocated 7, 2, 3, 4, 5 and again on Brad Johnson: Now if you're looking a! the buildinsr you can look at thezoning downtown and you can have 152 of the fronL of a building can besigns from the CBD distric! on lhe main street,,,two fronts. This witl be -the only building in toun that would have actually two fronts. ft has anentrance on the parking ]ot side and then the other side so we did a quickcalculation and we are using 52 of the front of this building so He're weII-below the allowed amount of signage that would be on the buitding and we,vetraded, if you read aII your ordinances, they want to have a new proposedsign ordirance. I don't think r.rhich has passed. They prefer to have a _sign ban on the building with a Iimit of height and everything so you havesome conlrol as to where those signs wil.l be so they,re not p).astered aIIover the building so they have some consistency trith the building. Andthis is any building in downtown, we,ve always been stuck to lhaL conceptthat we should have a sign ban. It also gives us control over what isthere. It was the opinion of Fred Hoisington I believe that also thisbuilding shourd have some coror and he felt the addiLion of signs whichwould be in varying colors potentially, the neon signs, they basically areneon backed signs, would add to the interesE in the building itserf. r canremember that discussion with Fred. so basical.l.y ure have the 5 signs onboth sides. Basicarlv thev're there to advertise the tenants. This is notan office building as r.re think of it as a professional. services buildingwhere you'II have insurance agency and your real estate people, myself, whowant to advertise the fact that they're in the building and they're not, -sort of passive - one of the requirements of aIr our tenants incruding thedentist is that thev have some kind of identification on the buirdingbecause that's one of the reasons they urant this location is because theyrearize it's hi.gh Lraffic area. so then the second problem you have is ifyou have signs just in the front and none in the back, people can'tidentify urhere they're supposed to go in and relate to what it is so Iguess thaL's basically our pres€ntation. Both sides are using about 62 ofthe available frontage for signs. They're on a sign ban. They're belowyour ordinance requirements. It is the onLy buildins like this in to(n andfinally, L,as approved once to our way of thinking because hle sent the stuff - Planning Commission Heeting l4ay 2, l99O - Page 3 over here and f was standing up here. It just wasn't an issue at that meet j.ng. Everybody uas interested in the control bumps and the traffic,I think you remember that. So I think it just bLew right by and Headlasaid that, he used to sit right there, he said the signs look fine and that was the onJ.y commenL they said about signs and why did r4e b,ant... I'IIIeave it to your discretion. Do you from the clinic Hant to say anythingas far as lhe need of signs? There seems to be some concern here that businesses don't need signs such as yourself. Conrad r Any other comments? John Jacobson: These are not aII comments that I have. I did have acouple handouts. My name is John Jacobson. I'm Vice President of Professional Services at Ridgeview Hedical Center and I did want to Lakethe opportunity to introduce Dan Anderson who is the clinic manager at Chanhassen Medical Center. Dan just recently joined us and I should say is doing a very excellent job, particularly the last week in getting lheclinic moved into a new location. I want to thank the commission for theopportunity tonight to appear before you. As Brad suggested, what we arerequesting is allowing the Chanhassen Medical Center and our Business Hea]th Services, which are businesses that are both owned and operated by Ridgeview Medical Center, to place high quality signage on both sides ofthe Chanhassen Professional Building. As Brad suggested, ue're reall.y requesting this for a couple of reasons. FirsL of all, as Erad did eludeto, we really feel that this building does have two fronts and signage is important on both sides. The street side from an awareness perspecLive, The fact that Business Health Services is there. The Chanhassen Hedical center is there and then on the parking lot side, to identify t"thich entrances people should 9o in. As Bob indicaled, if the parking were infront of the building, this ttould obviousLy not be an issue. He uould be very salisfied with signage on one side of the building. Second1y, if you Iook at the building design itself, the northeast corner is really only for the Chanhassen Medical Center and people cannot get from thaL northeast corner up to the second floor so we want to be sure that we have very clear signage. The only uray they can realLy get to the second floor on the norLh side is on the northwest side and not the northeast side so we want to have signage that makes that very clear. Thirdly and perhaps most importantly, t^re feel and if I could paraphrase John Devins who's the President of Ridgeview Medical Center who could not be here Lhis evening and asked me to talk in his stead. He feels very strongly that really as a major tenant in the building, we rea]ly do have the entire fi.rst floor between the Chanhassen Medical center and Business HeaIth Services. l.,e feel it extremely important thaL we have appropriate signage on either side of the building. The signage that u,e're proposing is a hish quality, individually illuminated signs with a type style that's referred to as clared on bold. The letters wiII be approximately 10 inches in height and we anticipate the signage to be very professional looking and really enhance the ]ooks of the building. Those are my comments. If anyone has any questions or thoughts, I'd be more than happy to entertain them. I do have, in case anyone is curious, copies of the specs on exactly what it is we're talkins about. ft gives you a little bit of a feel for the size of the lettering and the type of the lettering that He're talking about. Thank you. Planning Commission HeeL i ng llay 2, 1990 - Page 4 Conrad: Any other comments? Is there a motion to close the public hear i ng? Batzli moved, tlildermuth seconded to close the public hearing- AII voted in favor and the motion carried. The public hearing was closed. Conrad: Joan, we '11 Recommendations. start down at your end. comments. Questions, Ahrens: I know very little about this building. Is there a lobby inside? Ahrens: Because there's not an interior hallway? Brad Johnson: No. That's why they just take the whole floor and so thisentrance is only for the medical center. That's what John was saying. Ahrens; f assume there ulill be somethat telIs you where the location ofinto the lobby will know where lo go type of a signage inside the lobbythe offices inside so people who come Brad Johnson: Oh sure. But not for the medical center. Ahrens: Right. In the staff report, there's a statement in the backgroundstatement lhat says one of the conditions of approval r^ras that no business may have more than one wa]I sign as regulated with the sign ordinance.HaIl sign refers to the ban also? Is that what? Okay. I assume there'sgoing to be more than, how many tenants are going to be in the building? Brad Johnson: Major tenants, probably about 5 or 6 and then small, 10. Ahrens: So ban sign? you want to advertise the major tenants in the buildins Iike a Brad Johnson: Yes. That's basically why Ahrens: But there wilL be more than one bee n we have the sign for the r ecommended 5 on both sides. medical tenant r ightZ - and I think the staffBrad Johnson: I lhink that'ssaid that's f ine.what 's Ahrens: ura nted? So what you wanted 2 bans for each major tenant? Is that what you Brad Johnson: Tt.lo bans for the two major tenants which are here tonight. Then one for Lhe balance of the. . . Brad Johnson: Yes" On one end there's a-.. The way this works is there'sa lobby coming in on the north there. On this end there's a lobby that'sfor the upstairs and downstairs... This is the norLh side. So you come in here and you go upstairs to the tenants that are on the second floor andyou'd also go to Business Health Services which is Iocated on the firs!floor. If you u,anl to go to the Medical Center.,,you go in this door. Planning Commission Heeting May 2, 1990 - Page 5 Ahrens: So you want 5 in the fronL and 5 in the back? Brad Johnson: okay, there will be 5 in the front and 5 in the back with Medical Health Services having 2. Or what do you caII it, Business Health Services. And the Medical Center having 2 because they take up a good share of the building and that will give direction as Lo uhere people should go and identification. The balance of the tenants probabLy would have one. As I read the staff report, uhat they were concerned about was more not whether you really had one or two signs bu! that there were no more signs than aIlowed. Is that right? OLsen: Than were originally approved, yes. Ahrens: The plans that were submitted on ApriIplans or whatever. I don't know how many PLans Brad Johnson: t,le submitted the second Plans on Ahrens: Okay. So those plans? are the plans that you OIsen: 18th , yeah . 19th, the second set ofthey submitted. the 17th. referred to as April 19th Brad Johnson: Steve Hanson, Brad Johnson r No; no. tle submitted a set of Plans and they were incomplete relative to the signage so ue submitted those on Friday and Honday we came back. It bras a site PIan that had the sign on it and the elevation that had the signs on it were incomPlete. [^le caught it when we received it and we said to the architect why did vou do that and that h,as like on a Thursday. So on Friday ue shipPed over the balance of the plans...and then we colored them uP and presented them this way. Ahrens: t,lhy would the first set of Plans have 5 signs indicated on them and the second set of plans have 10? consulted with us, Bob of signage we wanted. and ule said, heyverbally with Steve Ahrens: So you're saying that the City, Steve Hanson, approved 10 signs? but there's no record of iLBrad Johnson: The Planning Commission, we say, but we presenled this plan. Brad Johnson: oh, iust because the architect hadn't and I and the owners of the building as to what kind That was all. So we caught it when we got the plans that's not right and we submitted it. ].le cleared it Hanson. He's iust not here. Ahrens: Uith 10 signs to the Planning Commission? Ahrens: 18th? Okay. At tJho's request were those Plans submitted? tlhat uras the purpose of havi.ng those extra plans submitted? tli ldermuth; [^] e can blame i! on Steve . Planning Commission Meet i ng llay 2, 1990 - Page 6 Brad Johnson: And it wasn't even an issue at the meeting. Basicallythat's less signage than ue could do just by ordinance. The ordinancepermiLs 15? which this is less signage. Emmings: Yeah, is that 152 is the maximum? Brad Johnson: Yeah. Emmings: You get Hhat gets approved. You don't automatically get 152 You're saying things a Iittle... Brad Johnson: ft's a good argument. Emmings: Yeah. Ahrens: My impression is that a lot of illuminated signs on the front of abuilding does make it resemble a strip maII. It seems that if the CityCouncil had wanted, there was a desire to have the building moved to thefront of the property so that it would be more l,ike a downtown type ofbuilding and that it wouldn't look like a strip mall. So it seems to methat if you put that kind of signage on the front of the buitding, it kindof defeats the purpose of moving the building to the front of the property - and having it look Iike a regular downtown buildinS. Brad Johnson: There was no discussion about that. tJe always presentedthis building. . . Ahrens: l.lell, they may not have thought about that but I just thought ofit. Bob Mithune: l.lell there uas discussion but not part of the City Counciland that's what the planners at that time uanted Ahrens: They wanted the buil.ding moved to the front of the lot. Bob Mithune: And they wanted a lot of colorful signs. Ahrens: A lot of col.orful signs? t,ell, I can't imagine that Hould lookvery good. That's my own personal opinion. That a lot of colorful signs on-the front of the buildins is Eoing to make it rook Like a rear professionalbuilding. Brad Johnson: tlhat is a real professional building? Ahrens: tlerl, one with ress ilruminated signs aII over the front. Lots of-colorful signs. That's my personal opinion like I said. I think it,ssubjective. There's no objective standard for what a professional buildingshould look like but if it's moved to the front of the property where it,ssupposed to Look like a regular office building in a downtown area, I don't-see the purpose for that and I think that if there is signage in the insideof the buildins uhere people, it's not that big a building where people would get lost trying to find. ( PLanning Commission Meeting ?1ay 2, 1990 - Page 7 Brad Johnson: Ahrens : tleI I It's a very I've been by Brad Johnson: No, there's goes on aII the r^ray down to 1ar9e building when it's aIl completed. it. It's not a huse building. another b,hole wing that goes with this thing. Itthe River ia . Ahrens: It's not built yet? Brad Johnson: No . Conrad: You're only looking at half here. Brad Johnson: You're only looking at half the building. Ahrens: WeIl,I think that signage inside a building up there is ato direct people. I mean it's not a huge office building.l obby Brad Johnson: I appreciate what you're saying but this is noL an officebuilding. It's a professional service building which is like retail. The tenants that we put in Lhere expec! signage. Ahrens: t^leIl I think there's a bis and a professional bui]dins... difference between a retail building Brad Johnson: My tenants' point of view, I'm the one...they want signs or they wouldn't be here. Ahrens: l.le]I okay. I mean I don't want to my opinion and that's lhe purpose of having have any more comments at this time. Wi Ldermuth: tJouId you sing]e sign bar Brad? argue with our report you. r j.ght giving you I don'tI'M now. Brad Johnson: two probably. Hor e Lac h have more than one tenanL on a sign bar? On a than one tenant on a single? The ban could handle like one of these bars - 1., i Idermuth:potentia I Iy? Then you r^rould plan to do something like that? I mean Brad Johnson: They have to come back each time we do a sign. l"le have enough sign space here we think for our tenants.. - t^lildermuth: How many tenants potentially uill you have in the building? Brad Johnson: You've got to talk about major tenants and minor. [^,e're talking about 5 major tenants. Hi ldermuth: Just total - Brad Johnson: Ue could have about 30, Planning Commission Heet i ng l4ay 2, 1990 - Page I tJildermuth: Okay, so there are quite a number that won't have sign represen!ation? tlildermulh: t,lell in all honesty, I'm not very impressed with the appearance of the building to begin with. It seems to me that the front the building probably ought to have a single sign ban and maybe the back could have 3. Something Iike that but I'm not in favor of illuminating signs and I'm certainly not in favor of 5 sign bans in front and 5 sign bans in back. The Southdale Medical Building for example doesn't have signs. Brad Johnson: That's a different... tli Ider mut h ; Brad Johnson: who r,le real Iy Brad Johnson: because this much... How do John,is noL, That's risht. It's mainly the ones Iike...doctor or dentist are concerned about. of the any - you see that Brad as a different kind of building? maybe you want to address mar keting of health services -I'm dealing with what the tenants require. Not so t,i IdermuLh: I understand. John Jacobson: I think part of our objective here is that the Chanhassen Medical Center is goi.ng to be attracting people from a fairly geographic area and they're going to be coming into town. They']I know of the Chanhassen Professional Building. They're going to perhaps see that main signage and ye! there's still goins to be some question. tle jusL have aninterest in being'able to be visible from both sides of the building if youwill. ReaIIy for two different purposes. The front side being thelocation of where the Business Health Services is located in the ChanhassenMedical Center and on lhe back side, the different entrances. I might addthat Lhere is not a way in from the Iobby area inLo Lhe Chanhassen MedicalCenter on the north. Ahrens: I understand that. John Jacobson: You eluded that perhaps therelobby area and people could go in that way.from that door. should be They can't s 19 nageget to the clinic in the Conrad: Anything else Jim? Brian? Batzli: I assume that, if I remember, phase 2 the buildings king ofand I assume at that point you would want signs up and down the frontback of Phase 2. The two buildings tie inLo one another. i Brad Johnson: That's right and it's a retail building. tie in and Batzli: Jo Ann, in the report I think you said thaL you didn,t have aprobLem with the same tenant advertising on boLh the front and the back.That no variance would be required. And no variance would be required I Planning Commission Heet i ng l4ay 2, 1990 - Page 9 additionally if we approve the 10 signs here correct? Because they're notover the maximum limit? I guess I was kind of looking at this a little bisdifferently I think than Jim and Joan. I was picturing this as more of a downtown building. More retail like if i! was Excelsi.or it urould be acluster of different buildings. Each one of them would have their own signindicating who uas in that. Hennessy Travel Services. Ben Franklin. You know, Excelo Bakery and so when I was picturing this, I was picturing it asif this is the type of building u,e u,ere trying to do, we should give themthe signs so that's kind of how I was looking at it and I don't have aproblem with giving them the 10 signs. El Ison: I sa! dor,,,n and Lhought of it i n terms of if I was the tenant . Theycould see the sign in the front and they made the decision thaL they wantedto go in there. I don't think if they went in the wrong door in the back, number one, Lhey'd only do it one time and they'd probabLy never make that mistake again. Number two, I think they've made the decision !ha! they'regoing to go in there based on what the fronL is so I don't think the back needs to have quite as many. Then I thought about, what does my doctor'soffice have or whal does my denList have and my dentist is right up against a street and he's go! it in front but he doesn't have it in back. The first time I wenL in there I went in the urong door but ever since I've been going into the r.ight door so I can't see that many. I think that thetraffic isn't going to be in the back. The people go in the back have decided they're going in there because they're going to park. It's no! Iike a high traffic area that's going to drau people in unless they're in the apartment building or something like that so I don'! see lhat that side is as importan! to them as the front street and I think the front streeL can do it adequately withouL having the back. So that's my comments. Emmings: I looked at this the uray Brian did basically. I don't really have anything lo add besides that so I'd be comfortable uith the 10 mvself. A couple other things, commenls I'd have is, if this is the Chanhassen Professional Building and if there winds up being 6 major tenants and 15 small ones, it would seem to me you would uant that name on the buildins somewher e . Brad Johnson: It's on the pylon. Emmings: Okay. That's in front. Okay. That takes care of that concern and then the only other concern I'd have is having more than one name on a sign. I'm not real comfortable with that and I don't know if it means that the lettering gets smaller. If you uind up trying to Put 5 People on one of those bans. I think it ought to be limited to, it probably should be Iimited to one tenant per ban. That's all I've got. Erhart: I think the medical industry has changed significantlv and uhat we used to think of as a professional building years ago or even 10 years ago' today has become much more competitive and therefore I think todav a professional buildins needs that signage to attracL customers. I know if I90 to a dentist and I do. I go to Hike Leonard over in the building over by Dell Road lhere and he's having a hard time getting going. There's no signage out there - Planning Commission Meet i ng l4ay 2, 1990 - Page 10 Brad Johnson: He's moving. Guess where he's moving? Erhart: Here? Brad Johnson: Guess why he's El lson: Because you promised Brad Johnson: No. He's in a 1i ke this. [,le're recognizing moving because of that. moving. him a sign? building that does Lhe needs. l.le also not or hasn't have a nother set it updentist Conrad: The 152 motion? O]sen: As long as they're below. but we can have, okay. Those are my comments. Any Emmingsr f 'Il move that the Planning Commission recommend approval of thesign proposal allowing 5 signs on the front and 5 signs on Lhe back for atotal of 10 signs and recommend approvaL of the site plan amendment withthe condition that there not be more than one business name per sign ban. Batz I i : Second. Erhart: Yeah, I asked him if he was and he hadn'! decided yet but anyway, - I think it's real competitive out there and I think they need the signage to get going so I'm j.n favor of Lhe signage Conrad; Okay, thanks Tim. It's real clear to me, I believe I approved wha! I see here. Hy memory fads through time, In fact, over 24 hours it fades but I do believe that this is what I saw and it didn't raise any concerns with me then and it still doesn't because il still looks tasteful..I think it's critical in retailing, and I think as we develop dountown Chanhassen, it's just realLy critical that we give people the signs tha!drive folks into, that help people get to the right buildins. It's part of- my business. I see it a]l the time. Signage is extremely importanL. One, we kind of impose the problem on the buildins. The city imposed it. Still,regardless of whether the City moved it forward or back, I think thebuilding has two fronts and the consumer has the right to find Lhebuilding, the office that they want to go to. I think the signs add someexcitement to it. It is, as somebody else said, it is retail space. It's more than a professional office buildins like we're used to. The business - has changed. Like Steve, I agree. I don't think ue should allow multi names on one ban. I don't like that. The only other thins that bothers me, the onLy other thing that bothers me is what this. ff our ordinancedidn't allow us to allow 5 front and back signage, wall signs, I would wantto revisit the ordinance. It does so u,e can do Lhis and therefore we'renot setting a precedent. [.le are responding to a situation that isjustified. At Least in my mind is justified so ue aren,t setting aprecedent. Emmings moved, Batzli seconded that the Planning Commission recommend approvaL of the sign proposal 5 signs on the north side and 5 signs on the - Conrad: Motion Planning Commission Meetingllay ?, 7990 - Pase 11 south side for a total of 10 signs for the Chanhassen i,ledical Center withthe condition that there be no more than one business name per sign ban-All voted in favor except Ellson, l.Jildermuth and Ahrens who opposed and themotion carried sith a vote of 4 to 3- Conrad: Annette , comme nts ? any summary for why you voted against it other Lhan your ElIson:No, nothi ns The same?passes. Goes I don't know other than the comments I've had, Very straight fort^rard. Okay. OIsen:if that's right. It's the tlednesday after . . . PUBLIC HEARING: NORTHT{EST NURSERY LOCATED AT 7AO1 GREAT PLATNS BOULEVARD JUST SOUTH OF LYMAN BOULEVARD: A I.'ETLAND ALTERATION PERHIT FOR THE ALTERING AND FILLING OF A CLASS B WETLAND. B. CONDITTONAL USE PERMIT FOR THE EXPANSION OF THE }THOLESALE NURSERY. Jo Ann OIsen presented the staff report. Chairman Conrad caIIed the public hear i ng to order. Hark VanHoef: I'd Iike to show some sLides. Obviously alL the drawings are a little cumbersome to work with so I thought if I showed some picLures of what we're really Looking a! that might be somewhat helpful . I just have a few slides to kind of compliment Jo Ann's presentation and then I'.1'I make some comments as to some of her elches or sketchings. This is lhe area tc) the south of the entrance urhich has already been bermed andplanting screen of I to 10 foot Austrian Pines have been Put in. The problem that Jo Ann eluded to and some of you remember, we were here last fa]]. This area right here was the only ditch catch area for anv of lhe water. And when we irrigated the croP, the holding croP that tre had in the holding area, that water then would run into this ditch and the onlv outle! r^,as to run through a culvert at the beginning of our drivetlay onto our neishbor's property, the Fing6r's property. It created some Problems. The Finger's approached us. tle Heren't really in a position tle could do anylhing. tJe contacted NnDot and at that time were told that that b.las the existing drainflow or waterflow and we u,eren't allowed to make any changes 'So the problem continued until it was brought in front of the City and HnDot came back out. tle worked with the City and what u,as done, and I can show it in the next picture. Again, this is not the next Picture going down Lhe ditch area but this is the holding area Lhat is behind that wind screen or that planting screen. Here's TH 1O1 right here and here's theplanting screen that goes across the highway so this is the area that PIanLmaterial Has stored on that the !,,ater runoff was creating a Problem. This is Laken early this spring after ue did do some grading lasL fall to alleviate lhe drain problem. t hat we really accomplished here is a new I uould imagine the same.!o Council? May 3Oth? Planning Commission Meeti ng llay 2, 1990 - Page 12 culvert was put under our driveway so all of the runoff nou,r goes into theditch and rather Lhan through the culverL under the highway, it goes underthe culvert and our driveway, down across the border of our property to catch existing drainfield, ditch, creek area, whatever you u,ant to caII it, that goes inLo the wetlands. Prior to us doing that, urhat the uJater did isit brent across TH 1O1. Across the neighbor's property. AII the way down and there was another culvert down here, not on our property but then goes back across the highway and into the wetlands. So what I'm pointing out here, Jo Ann mentioned it in her staff presentation. This has aII been sloped to conform wiLh the standards. The ditch area is in place now. The new culver! is in. tlhat has yet to be done is a planting screen of conifers has to go in this spring and this has to be sodded and this has to be seeded. But from my understanding, r,re've had some rains, The drainproblem does not exist, at least coming from our property and Jo Ann did nrention in her write up that there is drainage going into the neighborsproperty but that has to do with the Lots above our property to the south. So basically what I'm pointing out here in these 3 slides is that we've been required to recapture and contain aII our runoff and we've done so,This is a picture of the shade slruclure which is noL in compliance wilhthe 1O0 foot- setback, I made an appeal or a plead or whatever you want tocaII il to the Planning Commitlee last fall pointing out the fact that the shade structure, although it uas not in the 100 foot setback, is stillfurther back than the permanent house which is on the property and itdidn't urin so Lhis will be moved and we will move that back to I guess comply urith the 1OO foot setback. Here's another picture of the shadestructure. I kind of felt when we talked aboul the shade sLructure thaLpeople were getting the opinion that i! was a permanent Lype of astructure - AII it is, as you can see, 4 x 4 posts with 2 x 6 supports and snow fencing on top. I! is, again staff's recommendation is that this is moved and should t{e comply or if we're requested to comply, this is notgoing to be able to be reused and wiII just be that shade structure and no!put up a new one. UnforLunately this isn't a real good picture buL this isthe expansion area we're !al"king about. This next picture,s a Iittle bitbetter. I do wanL to correct something that you might have been, I guessyou might have been mis, how do I want Lo say this? you might have gottenthe wrong idea that our planting area's going to be expanded. [.,e arerequesLing to finish the ditch area here that we inherited when we movedinto the property. t^lhen we took over the property in 19a4, on the very endof this was a chicken coop which t"re took down. Behind the chicken coopthere was some dead elms r,rhich was a collecting place for chickenparaphernalia, If you've been around an old farm, it was a bunch of junk. t^le cleaned that up but unfortunately in doing so, I guess it exposed thisravine that we bJant to I guess take away or at least dress up. l,.Je,re notexpanding although to qualify and come in front of the City Council or yourplanning board, it I guess goes under an expansion but this wilL not beutilized in any facet of our business other than to just improve theappearance. This is Lhe first thing that anybody sees in driving to theproperLy and right now it's kind of unsighLly. It Has unsightly uhen ulegot it, I!'s unsightly now and our proposal through Lhe plans are tocontinue this slope so it goes aII the way across but has a gradual slope down to this lath area or down to the wetlands and wiLl be seeded and will.be left as just naLural vegetation. This is the area behind the barn.There's really no questions or problems on this but I did want to sho*. Planning Commission Meet i ng llay 2, r99O - Page 13 This is the holding area for the crops that we do dig out of our fieLds. Both on site and u,e are renting property across the street from Bob Rogers,a 15 acre piece Lhat we're growing and harvesting trees. Here's anotherpicture of the holding area. This is just a quick shot of some of ourgrowing areas. You'1I notice there are certain areas that cannot be grown on which ue have just planted some conifers to hold erosion control . Then on the top we are using, well we do have wha!'s planned as plantable acresfor our crop which is mainly nursery stock trees and shurbs. This is the area behind the barn which is the current area classified as holding area.It $,as designated as such on our original plan that we presented and was approved on. [.]e have asked for consideration on expansion of this area because we needed additional space for additional shurb products. This is a picture from the reverse angle from the back area looking towards the fronL, lowards the barn. The urhite area is u,hat you see is just what u:e calI a propagation or over winler house which stores nursery material through the winter and also acts as a propagation bed in the early spring. This is the area in question regarding the weLlands behind lhe ProPerty.There's realIy two sections that we're talking about. This is the section right behind the holding area !ha! we're proposing a pond and an expansion. Here's anoLher view of Lhat same area. The Class A wetlands is the area behind the heavy vegeLatj.on of Dogr^roods and some willows. The class B r.retlands as designated on the maps, comes out into the area that has not been mowed and kind of more or less folLows a contour of the lower ground. You can see thaL on the topography also, There is a step down where that class B wetland is easily determined. The Corps of Army Engineers, Jerry SmiLh, did come out and walk this site so up to Lhat poinL that's the only definition of these two areas that we have. That would be the area for expansion... This is the area that we're talking about in terms ofplanling lrees in. No!,r in 1985 when we presented our initial Plan we had Lhe major part of .our property shaded in, you have a coPy of that, as grouing area and it h,as shaded righL to the wetlands. tJelL, we found out Iast year as He were interested in planting this area and here's anotherpicture of it, that this 5 Lo 7 acre segment cannot be PlanLed wiLhout an approval from the committee as a part of our expansion. I don't quite understand Lhat but we're here to talk about that exPansion, I'I1 say one thing on our behalf. tlhen we first aPProached the Planning Committee and Barb Dacy presented our case, this area uras croPPed and the suPPorting material that she presented was an aerial view of the ProPerty and it designated and showed tha! that area h,as being croPPed at that time in alfalfa. Now aII r"re're really aski.ng is to have the oPPortunity to Put that back into crop r.rhich would be shurbs and flowering trees in this area' Here's I guess one other shot. This is from the back. This is from the west looking east on that same area that is in Lhat ProPosed futureplanting area. And one more picture of that same area. The only other commenls f guess that I would make, throw this back uP here' I just wanted to show you rihat the areas that r.re iust looked at in those Pictures. Again I said that we're talking about really two different expansions. The firs! again was that ravine fill and again I would I guess suPPort our reasoning behind that is it's not going to be an actual exPansion of our operation bu! rather an improvement to lhe aPPearance of the site- And the topography shows both the existing and the ProPosed that that ravine wouldjust be fiIled with either existing fiII or additional fill that was brought in on the site. No plantings will be done - It will just be, I Planning Commission Meeting l4ay 2, !99O - Page 14 guess taken back to the natural vegetalion. Right now il ]ooks kind of poor and we'd Iike to address that. The other areas that we're talking about tabling and I just brant to make sure you understand them, is lhis area here r^rhich does show as planting on our original approval now is not in planting, does border a Class B wetlands. tle'd like to have the ability to put back into crop production. The area that's more of a real tender area is the area back here which xould cut some of the Class B netland. Jo Ann did mention tha! we have had the U.S. Fish and Game out. tle have mentioned lhat you know to better the area because right now this whole wetlands that we are in has no standing ulater on it. If we were allowed todig a couple of ponds because of the business we're in, we could runoff urater inLo that. This r.rhole area behind the barn is a holding area- If we're allotled expansion, that would anolher holding area for flower and shurbs all which could be tiled into this pond so we virtually could notonly dig and create a pond but because of our watering practice, we could maintain a water level in that pond to support a real improvement lo the welland area. The pond that we proposed back in the corner was noLhing more than must I guess an aesthetic improvement to that whole area backthere and I really, that's of no importance !o us at a]l. If that's an irrfringement on Lhe aetlands, we could take that off the plan but again,the expansion wouLd be, filI the ravine. Expand the conlainer area here and then put this area back into planting. I guess that's aII I have to say unless there's questions. Conrad: okay, there probably uill be laterother pub).ic comments? Anything? Is there hear i ng? Emmings moved, EIIson secondedfavor and the motion carried.to close the public hearing. AII voted in The public hearing r.ras closed - on Hark. a motion Thanks. to close there publ icAre the Conrad: Ue'lI start down at your end Ti.m. ErharL: Jo Ann, a couple times you said that there's been complaints bythe neighbors yet in reviewing this, just for my own clarification, have weever received a complaint from acLually more than one neighbor? O.Lsen: No . Erhar!: Okay, so it's been one neighbor all along. Can you explain, 9othrough for me again here what are we trying to do between this proposed pond on, the eastern pond and the edge of the Class B wetland. Olsen: This one? Erhart: WeIl let's start with the other. Let's address this 5 Lo 7 acres.- . . . that was an alfalfa . . . Plar k VanHoef: For us and I got the feeling Program. to p.Lant, we hrere going to go that that uas being construed ahead as an and planL expansion t hat on our Planning Commission Meet i n9 Yay 2, 799A - Page 15 Er hart: Okay, are you class B wetland line? under the impression that you cannot plant Is there anybody under !hat impression? up to the Hark vanHoef: Righ! now there is, and you can see on your contours, there is about a 7 acye Iower piece of ground. The one I eluded to that Has an al.f alf a at one time and when we took over Lhe property we did nothing to. Mark vanHoef: I am" In fact I'm I was in front of this board, that front of you to be approved. under the impression that the Iast time anything else lhat we do has to come in Mark VanHoef: Right noN thaL's a nice field that we could p1ant. lre're overkill right now. r mean ure may not even Plant thaL this year but we had an oppor-tunity and He h,ere requi.red at our last meeling to get in aI1 our future expectations, btants, desires on a maP and that's an area that is not currently being planted and that we would like to someday plant so tha!'s why it's in the proposal . Erhart: If you could just stay there a minute Hark. I guess my is, and maybe this is jusL a clarification but I don't see where has any interest in where you Plant things. Certainly it would interest in where buildings are and commercial activity is going terms of lrucking'and things ]ike that buL why are we interesled long as it doesn't get into the wetland. quest i o n the City have an ' on i n in, as Olsen: t.lelL the expansion of the PLanting areas and holding areas i.s expans.ion of the nursery. ExPansion beyond the original conditional permit. an use Erhart: can you come up here and shour it to us. On the pLan it appears to me that you're planning on planting down to the edge of the Class B wetland- OLsen: ...not necessarily a wetland alteration Permit. What you're showing up lhere, you're not going to be going into what we determined... You're making iL sound like you're going to be filling in next to the Iarger pond and then also,., Erhart: Hell actually it goes back to the original conditional use Permit. t"lhy did you draw a line when you first came into the thins? Uhv didn't voujus! say I've got 40 acres I'm going to be Planting trees on the whole 40 acres - Hark VanHoef: You knou, I think Tim has hit it. tlhen we first aPproached the city back in 1985, we made a mistake of not having a more concise 'clear picture. Jo Ann's worked with us on that. Unfortunately we were asked to present a plan. ue had a 40 acre farm that had been not used in 2 years. There were renters in there. fL was a Pretty unsightly Piece of property and thev said, put a ProPosal and a site Plan. And if you'lI see the original siLe plan, there wasn't a lot of thought Put into that. There u.ras we,ie going Lo hold some plants here and t{e may hold some plants here and we're going to plart all the other area. t,lhat has haPPened is' the City has tried to u,aLch and say, well this is just a nebulous PIan and nout Planning Commission Meet i n9 llay 2, 1990 - Page 16 I thi nk you 're outside that plan. what we're here today isErhart: ReaI ly use permit? realLy doing the first conditional - Olsen: Exactly. Erhart: okay, well let's clarify this. In my view of this thins, you're essentially taking your tehole 40 acres and you can plant on anythingthat's, as far as f can see. Am f wrong on that? Isn't that what itis? You can planL trees anyplace. Erhart: okay, well let me ask you this. Any document that we're voting ontonight, including his plans and your conditions, is there anything thatsays that he can't plant up to a Class B wetland? olsen; No, What you would be approving tonight is the plan showingplanting areas all along lhere. Erhart: tJould that satisfy you then in that area? Mar k VanHoef r Yes . Erhart: Okay, great. That covers thal one. Then can you explain to me,you made some comments about something on your pond or on your proposedpond. Your proposed pond. Belween that pond and the edge of Lhe Class Bwetland, you Here proposing to plant in there as weII? Hark VanHoef: Okay, right now. Here,s your Class A wetland and ue're notgoing to touch that. Here's your Class B wetland and our proposal is toput some kind of a pond area in there- Tha! !.ras on the pictures if you remember, that was just beyond the Red Twig Dogurood and some of thehli]Iows. Then behind this area here, going back to Mark Koegler's, hisproposal a faII ago, He showed that we xanted to expand this containergror.ring area inLo this area which would be right up within 50 feet of thepond. Erhart: Okay, but you're not shotring that on the plan? l'lark VanHoef: That is not shoun on the plan, correct. And I'II LeII you r"rhy - Unti] the pond issue, r guess our f ee).ing is, if r.re go in and make animprovement to the wetland before ue come back and try to iake wetlandsauray, we'd be in a better position, paul Burke came out to the siLe andwas reallv against any alteration of class E} wetlands period. r mean thatwas no. No, I don'! even h,ant to talk abou! it. Then we started talkingabout what if we put a pond in? Then he started saying, well that wouldimprove the wetlands. Right now there is no standing water. ThaL wouldimprove the wetlands so it's, I don,t want to weigh aII my cards down.., O]sen: tlell it's whatever you r.lant to permit with the conditional usepermit. ( Erhart: You're not under the impression that you're going to come in a year: from now and then fill that? Hark VanHoef: FilL the pond? Hark VanHoef: No, our goal is first to get aPproval of the pond. I'm not even saying that would be done in a year but if ue Here able to get approval of the pond, I would feel more comfortable then in coming back and asking for an extension to the area behind. RighL now, according to your point, is this area right here which is currently noL Planted, can be used for our operation. Erhart: tle]I everything up to the Class B uetland. Everything up to this Iine. So everything south and east of this line could be planted the wav r understand it. I'm just saying that I'm iust saying Mark that I doubt thatyou're going to be able to come in a year from now and propose any filling. I mean if you're going !o do filling, you b,ant to do fi11in9, you should have that in this plan. Erhart: No, fiII in that Iittle. . . Olserr : For that Class B wetland.,. Mar k VanHcef r Correct. Erhart: okay. How long do the Erhart: If you Nant to do that, you ought to be Proposingtir,e because you wouldn'! have a pyayer at another meeting Right now you're just proposing an imProvement? that at Lhis because . . . erosron control there measures stay? olsen: The property is stabilized until is ground cover - Erhart: okay, is there anything tha! states that lhey have to be removed at such and such a time? This is kind of a general point Lhat I made previously. Sometimes lhese things stay in there forever and we end up with poIIuting plastic. olsen: Right and what is done now, Iike with other develoPments the developer is required to remove them. Before it was kind of the City so that's something that we t"rould be doing with a Ietter tha! would guarantee that there would be monies to remove it and didn't we could go in and do it. is that Ieft up to of creditif they Erhart: okay. one last issue. I'II let somebodv else deal wiLh the shade structure. I'm not completely where it's going but I do have one other lhins and that is, you want to table the wetland alteration Permit because you don't have the contours of the removal of the current. Olsen: IL's just not a complete plans for the uetland alteration. Erhar!: I guess y question is, you know if you take a look at the Fish and uildlife r ecommendat ions , they're pretty general. It says the sloPes PIanning Commission Heeting llay 2, 1990 - Pase !7 Planning Commission Meet i ng l4ay 2, 1990 - Page 18 should be 1:10 to 1:2O. It should be irregular and so forth and so forth.I guess I don't know, f don't understand urhy you need a contour. As long as the material's taken out of any Hetland and not deposited in any of thewetland, it's pretty obvious when you're done it's either within lhat rangeof slopes 1:10 to 1r20. And quite frankly when you're doing that, i!'snearly impossible to construct to a particular plan. I just think it's a burden for people who want to improve a wetland by converting some Class B wetland to class A wetland by making them 9o through the expense of acontour. In other words, surveying it before and then trying to build to a contour, it jusL seems like overkill. Olsen: tle]l the plan that they're giving us now we shor.ring one general cross section where it's 4 feetif that's consislently aII the way across. f guess that we do need to see the full conLours. The fuII depths are. have no h,ay to, they're deep but ue don't know I disagree. I bel ievedepth. t^lhere the Erhart: Doesn'! the inspector go out afterwards and look at it? for?Olsei'r : Uhat would he knoul to look Erhart: The Fish and t^liIdIife. Olsen; tlell I think ure need to see that on the site. Erhart: Just wrile a condition that says the slopes have to be 1:10 and L:zA - Approximately so many acres in size will be approved, t^le're in conformance with the general plan. I don't know, Iet's 9e! the other comments from the other commissioners. I just think that's an expense thatessentially by doing it here, we're setting a precedent that anybody that comes in that Nants to do this, has essentially a complete engineering planto do that and I just don't think there's anything to be gained by it. Ireally question uhether it's. I mean if a guy wants to Iandscape his yard, -do you require tha!? I don't think we're talki.ng about that big of athing. Maybe there's some Iimit. t,lhat are we talking about? This proposedpond. It's size. An acre? Conrad: Tim, we do ask every business, h,e ask eachgive us a landscape plan. There's a correlation to business in town toiL. Erhart: tlell what if i! were a homeowner, is it the same thing? Conrad: No we wouldn't . Erhart: You're saying the difference here is that this is a business. Conrad: This is a business, yeah. Erhart: WelI if that's the issue, then I guess I don't have a problem withit I guess so much. I still think it's unnecessary but those are my comments. ftem 6 and 7, are those contradictory on the conditions or isthere another area rahere the slope is greater than 3:1? On item 6 and 7 it says side slopes adjacent to TH 1O1 shall not exceed 3:1. Then 7 says. Planning Commission Meet i ng l4ay 2, 1990 - Page 19 wood fiber blanket sha]l be used on slopes 3:1 or greater. That means there's other areas that are going to be higher sloPes? Bigger sLopes? Olsen: That's kind of one of those general conditions that there are any that you have to do that. There might be. I'm not exactly sure what Lhe slope is along. Right now lhere are definitely steePer slopes like where those wood chips are and things like that. The reason we're saying not to exceed the 3:1 on adjacent to TH 1O1 is we rea]Iy want to reduce the velocity of the runoff into that ditch and to reduce the runoff. It's a l itlle steep right now. Erhart: tJha! 's the slope on what the Lhe gully that Mark is fillin in? slope is on where you're filling? okay. I thought maybe there was some intenl Apparently that's not the case. olsen: Do you know Er hart; The finished s1ope. Mark VanHoef: I have no idea. Probably about 2:1. SteeP. olsen: Right. There's places that aren't being altered' Erharti fn conclusion I guess, trell you knou I'm a neighbor of Mark's and quite frankly I've enioyed having him next to us and I certainly haven't experienced problems. I feel a Iittle bit in that like anvtime vou face the Planning Commission, or the City and the governmenL in any first time siLuation it's kind of awesome and you make a lot of misLakes that first time. tle've worked hard working this thing through. I think this is a real excellent plan and I'd Iike to commend boLh the staff and Mark for doing a ]ot of work in the last year in trying to saLisfy the neighbor and f guess the requiremenLs so with that, I'lI pass it on. Erhart: okay, so lhen 7 then, noL to have any slope over 3:1 conrad r Thanks Tim. Steve. Emmings: I guess aI] I have is I had some doubts about the degree to which Northwest Nursery Uanted to get all this in shaPe at one time but I don't anymore. I think they,ve done, finally done a whole bunch of things that I wish they maybe uould have done sooner but iL's finally come together and I'm feeling pretty magnanimous heye. I'm willing to let bygones be bygones and look at this obiectivelv. I think it's a good plan- ElLson: I agree with the staff's rePort. Batzlir Jo Ann, does not acting on the wetland alteration Permit at this time allow the applicant to proceed at all? And if so, does it adversely affect the r^retland? olsen: They are not altering the wetland at all with t',hat thev're proposing. The ordinance requires a wetland alteration Permit if you're wilhin a certain amount of feet from a Class A wetland. Planning Commission Meet i ng l4ay 2, 1990 - Page 20 Batzli: Yeah, but aren't they proposing a pond within so many feet of the class A wet land? olsen: That's not being acted on. That's what we're recommending tabling that pond because it's within the Class B r^retland and it does require the wetland alteration permit. So they would not be able to move ahead with that pond or with any filling of that area they're proposing without a wetland alleration permit. Batzli: Okay. Does anything that they're asking for in here or anyconditions that we're putting on them, going to be affected by them notgetting the wetland alteration permit at this time other than the pond? Olsen: No. Other than the Iast condition. Batzli i Okay. tlell that was my question was whether we should make lhemget t-he uretland alteration permit before doing anyLhing else. olsen: t^lell at one point there was discussion about filling in a portion of that ,^eLland for expansion of that holding area. It was my last understanding with these plans submitted that they were not going to dothat. That the only alteration to the uetland uas going to be the pondingareas. That's up to them. If they want a pond, that's fine, If theydon'L, that's not really a requirement for any of the other expansion. Batzlir Are we, the fourth plan here, that's future expansionto what they wanL to do now? You tal ked in The ultirnate the report about future expansion to the nursery in addition someplace or10. So you're Olsen: No. That's, are you talking the last small one? That's just kindof a blow up of what that section located on TH 1O!. That's not anydifferent than the other plan. The fourth sheet is a blow up and it's notany different than the other proposed expansions so. Batzli: a not her . say i n9? expansion on Page olsen: Essentially what I was trying to say is that the plan that they'reshoring for expansion to the nursery has already taken place. That inaddition to that, it's just the planting areas. Certain planting areas.So really what has occurred already is the majority of their expansion. Batzli: So by us approving these plans tonight, we'reHhat's basically what they've already done? just appr ov i ng Olsen: EssentiaJ. Iy, yeah. It's after the fact. Batzli: Okay, so their ultimate expansion isn't reflected on the plan? Olsen: No, that's on there but they've already expanded most of that.t^,e're approving expansion that has already taken place. I tried to pointout where, lhe only further expansion wil.I be the future planting areas onthe south side of the Class A wetland and the proposed alterations in the P Ianning Commission Meeting ay 2, 7990 - Page 2! C1ass B wetland. today. But it's appr oved . Y Those are the only two things that haven't occurred as shown on the plan and it will be approved if this plan of Batz]i: okay. If we approve this, then are u,e tacitly approving lhe construclion of this pond in the Class B hJetlands? These ponds? Olsen: No. That's a separate wetland alteration.no. I see what you're getting at. You might wantyou're getting at because it's on the plan. I kept that separate so to, yeah I see what Batzli: You gave a good presentation. Do you understand aII the conditions and you agree with all of them? Mark VanHoef: Most of them have already been tu:o that I guess I'd like to discuss with Jo already been done. Ahrens: Has number 3 been done? met . Ann. In fact there's only Everythi ng else has olsen: ExactIy. And it's fillins in. . . Batzli: I think we can add that because right now it's, I think it's kind of vague as to exactly urhat you want. Hy only other question uas ' if you pu! too much muracid on a conifer, does it turn yellow? Anvway, 9o ahead. t tlildermuth: I'm glad to see the drainage issue has been satisfied. would appear that if you satisfv all 12 of these requirements or at rate the ones that you have to date not satisfied, that you ttill be compliance with the requirements for the conditional use Permit and support the staff recommendation. IT any inI good Batzii : Nood chips, muIch. Hark vanHoef: No that's, when I read lhis report, that was the first time thar- was brought to my attention and I just got the rePort today so. I would only say this tha! as it reads, it's a little bil misconceiving because it sounds like those wood chiPs are on Lhe border of the wetland and that is not the case. They are on a hill. The hill goes down and the bottom of the hill goes into the wetlands. Batzli: [.Jhere are you trying to geL him to move the wood chips and mu].ch to Jo Ann? olsen: t^JeLl we just wan! him to get away from that sloPe because it is faLLing down into that area adjacent to the tretland. Essentiallv aII storage areas, that is becoming kind of a storage area, that has to be screened. It's something He can work with him to pull it back away from that and hopefu]ly more internal into the site. Batzli: Okay, so you're concerned both about it running dourn into the wetland and also screening? Planning Commission Meet i ng llay 2, l99O - Page 22 Ahrens: Are we expecting Lhe conditional use permit of June 7, 7990? conditions Lo be forland2that before approval of have specific dates all the e x cept met you Olsen: tihat we normally do with this is tha! that is a condition and wegive them a certain. [^Je don't usually set time periods on those but it's something that they have not met that condition, There's always an arnualreview of aII conditional use permits and it's something where we can sayyou're not in compliance and if they don't go into compliance, then we coulC Lake him back to possible revocations. It's something that yeah, you could just conlinue and give them a time period on that also. On 3. Ahrens: I'd like to seestaff recommendation on compliance. a time period on 3. Ithis with the addition m of Ln a agr eeme nL date on 3 with the Date for Corrrad: okay. The drainage that we're now moving to the west side of TH 1O1 is a self imposed, is drainage from plantings and then we run it downto lhe wetLand. All we've done is taken a different route, Keep it away f:-cm the neighbors. And what did t^le do to basically where it runs Jo Ann,is lhat a grassy area. Is that hor,l we strip any nulrients? Hot4 are westripping before we get to the wetland? Olsen: That's why that one condition that we have in there to end the pondin +.his iocation because yes, this srill be covered with vegetation. t"liIlbe landscaped and r^riLl have grass and this is the wetland lhat says... Thedriveway right here and the ditch. The only area that's always, ue havethe exposed dirt and the runoff is up here i.n the planting areas and that'swhv we r^:anted to have that pond in this location to colrect that sediment. Conrad: Okay, but through al^Iowing this, realIy lhat runoff...I've got tobeiieve we would but r.rhat I'm toying ulith here is the idea that we'reallowing a nursery. The nursery is waLering. The water that goes to theplants also is going into the wetland. It seems Iike it,s harmful . Itseems Iike basically it's more harmful. than another use that didn't requirewatering. A different type of contractor yard as such. Nildermuth: I guess the question is hohr much fertilizing .IS being done? Conrad: Yeah, whaL kind of fertilizer around your plants? Mark VanHoef: There are no fertirizers through the water system if Lhat'suhat your concern is, Any fertilizer is incorporated into the soilEither be it the pots or in barled and burrapped materiar, that fertilizer -was done in Lhe faII before it was dug and harvested. so any water runoffthat you have, the water runoff that hits the ground is no different thanrain runoff, that would then 9o into the ditch. Go dourn the ditch and into -the r^retlands. There is no f ertilizer runof f . t^te don't broadcastfertilizer over the soil because our crop is not the soil. rt's just thenursery stock itself. The nursery stock is either contained in (a) a pot, _or (b) balled and burlapped. The only ferLilizer thaL we incorporateduring the season is in the potted material and that would have to leechthrough the entire plant into the soil and then into your b,ater system and Planning Commission tleeting l'lay 2, t99O - Page 23 Conrad: The plantings on the real close to the Class started to do that. Basically those plantings can be r.ret I a nd can't they? A wetland.right up to If they the OIsen: Technically yes. Emmi ngs: You can't get Olsen: There's Class B Again, if you approve that. to the A because there's B aII along there. around the whole Class A wetland. Conrad: O kay . l^lildermuth: And you have no E,nmi ngs: He can't. plans to plan! into the B uJetland right? 0.Isen: He couldn'L do that wilhout a wetland alteration. Conrad: I guess really where I'm trying to get to is just that, He have a r"elland and there's no reason we should be screwing it up. Period. Absolute. There's just I think the applicant has done, I think vou've done a rrice job, of responding Lo what the City has asked you to do and the neiEhbcrs. I just want to make sure, and I'm real concerned about the wetland alteraLion permi!. As ]ong as you imProve it, thaL's what ue're trying Lo do. If we can improve anything, that's exactly what r.te're trying to do to our wetlands in Chanhassen. So there's no reason to make them diminish in value. EsPecially in this Particular Parcel. There's iust no reason so just a signal from me, the wetland alteration Permit process is an intriguing one to me because I really don't Hant any harmful thing to happen to those wetl.ands. I see no reason for it. There's no justification. I think you can do your business without really harming those but f want to make sure the right controls are in process. Here's a good case where zero degregation to the wetland is fine. I don't mind vou tltering some contours and I think you've routed Lhe water the right way but I just, I don't uJant to use wetlands as a solution to some of the problems that are part of the business. They're not the solution to your business problems. They're something that we're just lrying to ProtecL and they happen to be on your property - I think I agree Hith Joan's comment on timb on the third one I think. I think that makes sense on the third point. The only olher thing that I would suggest is, how do ue moniLorpaul, this process? The conditional use process. t^lhen uould somebody make an on-site inspection to see what's going on? You're probably out there aII the time anyway but. Krauss: Actually this one we get a Phone calLs on and we do check them periodically. t^le have instituted an annual inspection of aII conditional use permits. In fact, Sharmin AI-Jaff, our Planner one is sitting here tonight and she's in charge of that. So there is an annual rotation where we dc go around to check every condition of these conditional use permils. In addition, uhere there's a Program such as this one where there are, it is an expectation that conditions uill be complied with in the near future -t I doubt that that urould happen. relative to a construct.ion program, we'I1construction activity is done or urhile it bej.ng completed as per your approval. out there as soon as their underuay to make sure that it's aII been piled gone through sal.es.ueeks. Had Iall last year. tJe 9O Conrad: Okay. So when this wetland alteration permit comes back, at leastfrom my perspective, I realIy would like staff to be reviewing. you knowf 'm going to be real critical of r.rhat that says. I thi.nk we oure thewetlands the protection and if that's how it's contoured, if that'sdrainage ditches, whatever it is I think we oure Lhat to the wetland and not -treat the wetLand just as a solution to some drainage problems because Idon't believe that's what I'm trying to do with weLlands. Anyu,ay, thebalance other than the wetland alteration permit. the balance of the staffrepor'.- looks f ine to me. f s there a motion? Batzli: f move that the Planning Commission recommends approval ofConditional Use Permit *85-1 as shoun on the plans dated April Z, 1,99c^ with -the folloxing condiLions l thru 12 as written in the staff report. Number3 wourl be amended to read, uood chips/mulch shalL be removed from the areaadjacent to the wetlands to an area where runoff from the same shall notadversely affect the weLlands and shall be contained and screened by afence. Renroval of the wood chips,zmulch shall occur by not later than, anysuggestions from you tHo? Conrad: A date agreed to by staff. Ahrens: June 1, 1990? olsen: It would be nice if we kept all those the same date. Batzli: okay, June 1, 1990. Erhart: t^that 's a reasonabLe time Har k? llerk VanFioef : UelI it would be nice if we could, thaL'sthere for sale. By the middle of the summer it will be Now we've taken delivery of that and uill probaby last 2known that r.ras a problem, I mean that's how we operatedcould easily relocated that pile somewhere eIse. Ahrens : h,el Iof the summer,by that time? r.rith the trucks moving in and out aII how much of the wood chips is going summerto move until the middle - into the wet Iand Mark VanHoef: The only thing that moves close to the pile wouldBobcat front end loader that scoops up the chips and then bringsand loads the truck behind that pile area. So if the runoff is uJe can cLean up the runoff after the course of our season. Erhart: I think the concern is the chips ftoatingrain the chips washing down into the uletland. beait bac k a concer n, O]sen: They're also enter into trees.starting to get fiIIed around. into the, with the heavy There are some trees there that are Planning Commission Meet i n9 Yay 2, 1990 - Page 24 Erhart: rt would be convenient for you to get i! out of there by mid-summer. Also, f guess we're not talking about toxics here. Batzli: Let's make it August 7, 7990. Number 12 would be amended to read,at the end of that sentence before the period, prior to creation of the proposed pond site set forth on the plans, xait a minute. Yeah, that reads right. okay. So the urhole thing would read, the applicant shall receive and comply with all conditions of the wetLand alteration permit prior tocreation of the proposed pond site set forth on the plans, Another sentence, approval of the conditional use plan is not an approval of lhe proposed ponds and I'd also propose a number 13, condition 13 urhich reads no plantings, storage or other disturbance of the Class A or Class B wetland shalI be permitted urithout application or receipt of all proper wetland permits. Conrad: fs there a second? tli ldermuth: Second. Erhart: Yeah. If r^re're moving the uood chips auay from the wetland, why then does it have to be screened with a fence? Did you mean that to be one or the other Jo Ann? Let's say it's way back on the south side of theproperty ar^:ay from the wetlands. Olsen: One of the conditions, the conditions for a wholesale nursery screened. conditions is that, aII outdoor storage general is that specific must be Erhart: okay, so are you talking about landscape screening here or are you talking about, maibe I'm misinterpretting this. You're talking about larrdscape screening as opposed to a screen that would hold the chips in? olsen: Right. Somehoi,r it has to be screened. Batz1i: And properly screened rather than screened by a fence. that .Erhart: okay, if that's Nhat it is, let's just clarify Emmings: Screened from what? The view on TH 1o1 or from the neighbor? they locate it where it cannot be seenolsen: Wel I yeah . That's t^rhere if from other areas, we'd let that go. Erhart: But aren't we putting a screen along all of TH 1O1 now? Planning Commission Heet i ng t'lay 2, 1990 - Page 25 Conrad: Any discussion? conrad: see a fence could be more objectionable than the urood chips themselves. olsen: Not along the north side. Where it is risht nob,, it is very visible. tle have had complaints about it and so it needs to be moved back away from that where it isn't visible. tle were saying a fence is if they Planning Commission Heet i ng llay 2, l99O - Page 26 uianted to move it back just contai ned. Conrad: If it stays there, Olsen: t^lel I we urould want Bobcats come in and.. " Conrad: So are we talking, from that location and keep it there so it is what is the screening solution? something to contain it so iL's It is a fence? not as the is it a visual thing that we're talking aboutor is it a physical? Olsen: Both. It depends on where they relocate it, Erhart: Can it be located to the south side of the property? Mark VanHoef: Yes. It can be relocated. Erhart: Okay, would that solve the whole problem? Olsen: As long as it's not visual from the surrounding Erhart: Okay. t^,hy don't we just specify that any wood be on the southerly portion of the property. Emnings: Let's let him put it urhere he wants Lo. E]lson: And we'll work it out r.rith staff. If they say we don't have to tell him where the specifics are. Erhart: [.le]l I read this to mean that he has to put a Olsen: tlelI we meant screen, I'm sorry. Erhart: That uas probably my mistake. properties. chip sLorage has to it's okay, fine but fence as a screen, Olsen: tJel I it says by a f ence, Erhart: It says by a fence, I guess I have like Ladd, I have a problem with fences . conrad: I'm glad you broughL that up because some solutions with fencesdon't solve it. Erhart: WeIl Brian, you know where we're going there. Do you have somekind of a. . . Conrad: I don't think, do we need to amend that? Batzli: Hell rather than say screened by a fence, iust say properly scr eened . ElIson: To the approval of staff. Planning Cornmission Meeti ng l4ay 2, 1990 - Page 27 Batzli: tlhat she said. That sounds good. Batzli moved, tlildermuth seconded that the Planning Commission recommendapproval of Conditional Use Permit *85-1 as shown on the plans dated April2, l99O with the following conditions: The applicant shall redirect runoff from the nursery by usingAlternative fl2 shown on the drainage plans as shown on Sheet 4 of theplans dated September 27, L9A9 and approved by l.'tnDot and the City Engineer by June 1, 1990. 2 fhe appl icant shallplanti ngs str uctu r e The appl i.cant shall submitreflect i ns the recent site remove the existing non-conforming shade and by June 1. 1990. 10. 11. The wood chips/mulch shalL be removed from the area adjacent to the wetlands to an area where runoff from the same shall not adverselyaffect the weLlands and shalI be conlained and properly screened as approved by slaff. RemovaL of the wood chips,/mulch shall occur by notlater than Ausust 1, 1990. 4 for approvaL a revised grading plan grading and proposed improvements. The applicant shall construct a sediment pond along the souththe driveway per Alternative *2 and modify the outlet pipe tointo the TH 101 ditch. Side slopes adjacenL to side of drain 6 7 9 t^lc,od f iber blanket shal1 TH 1O1 shall not exceed 3 be used on slopes 3:1 or 1 gr eater . installed on the driveway to convey runoff intoCaLch basins shal I bethe ditch. The appl icantthe per ti nent DNR . shal I obtai n agencies, i .e and complyh with all permits required from . t^latershed District, t'lnDot and Minnesota The appl icantcity Engi neer improvements, comp I eted . shall provide a letter of and Planning Director to proposed landscaping and as determined by thethe dr a i nage control measures are cr edi t i nsur e erosion A1I erosion control request of the City shall be Type III, maintained and removed at the Engineer. 12.The applicant sha1I receive and comply with all conditions of the weLland alteration permit prior to creation of the Proposed pond site set forth on the plans. Approval of the conditional use plan is not an approval of the proposed ponds. 13. No plantings, storage or other disturbance of the Class A or Class B Planni ng Commission l.leeti ng l{ay 2, 7990 - Page 28 wet 1a nd uetland shall be permitted r^rithout application permiLs. or receipt of all proper A All voted in favor and the motion carried- PUBLIC HEARING: P].1T CORPORATION ,ON PROPERTY ZONED IOP AND LOCATED AT 15OO PARK ROAD: BLOCK 1, CHANHASSEN LAKES BUSINESS PARK sTHREPLAT OF LOTS 1 AND 2, ADDITION INTO ONE LOT. B. Paul Krauss presented the staff report. Chairman Conrad caLled the public hearing to order. Conrad: The applicants are here I see. tlould you like to show us somepiciures? Show us r.ihat you're doing. Mar k Huse: t^le've been looking at the site plan. Conrad: AnJ your name just for the record. Mark Huse: I'm }4ark Huse with Amcon Corporation... As PauI was saying,this is the site plan. It shows just a concept for future expansion. Justa possibility. [.Je're not asking for approval of this concept tonight. Byour estimation, the weLland Paul is talkins about is in approximately thislocation here. And we'11 work out the details of how that...around that ohen the owner decides to expand on his property. This is a perspective ofthe buil.ding shor^rin9 you from the intersection. These are the elevalionsthat you have in the packets. It's shown a little bit better here. t^le'reintroducing a spando type system. Curtain wal]ed at the corner. Workingwith the client, one of our primary concerns uas to put a building on thiscorner that will give the prominence to that corner that it deserves and hence lhe 2 stories r.rhich is also one of the reasons uhy ue need to expandfuture parking onto the site to the north. He could have...at this timeurith a single story building. The second floor is to be largely unused atthis time. There was a real concern that we have a 2 story building onthis corner site to give it prominence that it requires. I do have agrading plan. That's not al] that clear. The grading plan is also in yourpacket. Todd Christoferson is here ulith our firm and he's in charge of theconstruction and we do have a representative from Pl"lT Corporation who'd ber.riIIing to answer any questions about the operation of their company. Conrad: Okay, good. Thanks. This is a public hearing. t,le'II open it up-for any other public comment. Is there any? Emmings moved, Ahrens seconded to close the public hearing. AII voted infavor and the motion carried. The public hearing was closed. SITE PLAN REVIEI.I FOR 45,9OO SOUARE FOOT EXPANSION TO THE EXISTING FACILITY. -t P).arining Commission Heetingllay 2, 1990 - Page 29 Conrad: I'II just open Are there any questions i! up in general rather than going doun the row.of Lhe applicant or staff on Ehe presenLation? t^lildermuth: If you took lhe square footage of the many parking places would be needed? Do we know? second floor out, how Krauss: r believe there was 84 for the new addition so I would cut half . I think the space distribution relative to office/industrial about the same from floor to floor. tlildermuth: So we'd be roughly at the required number of parking stalls i.f the second floor isn't occupied? Is that correct? conrad: lJhat's your thinking Jim? t^lhat are you getting at? t^lildermuth: t"iell I'm just wondering whether or not hot^t soon he's going to have to put Lhe extra parking to the north of the proposed buildins. Erhartr I looked at the site today, I don't see, Iooking at the site, hor,t you cculd ever put another building and these additional Parking spaces in the area to the north of the proposed buildine. It ius! doesn't Look right and as a result, visually iL tells me that they iust ought to incorporate that 1ol , at least the !,,estern part of that lot into this lo!. I'm not suggesting that they have to build parking lot but take an area where I really question r.rhether you could put another building in PIus an adlitional, what is it,44 slots and then go through all this rigamaroll with the easemenls. Jim, did you have that same feeling? Krauss: commissioner Erhart, I looked at the ProPerty to the north. There's a lot of ]and in that Parcel that extends from Audubon all the uay over to Park Court. I have a lot of concerns about that concePL that's being shown. It's shotling two additional buildings. I think one uould be rnor e appropr iate . Erhart: tJhich one? You mean the one over..- Krauss: t^lell either one. The one to the h,est starts to have grade problems because you start getting uP into that wooded s]oPe. The one to the east has wetland problems so it's probably' you knou you Put square footage, you put them both together, you come up with one building- Bu! that urasn't really the issue before us tonight. I'm confident that the parking can be accommodated there and that's really the issue for me on this pIan. Erhart: on this concept, where's the parking for those two buildings? I don't see that on there. T hey t hose rt rn ula s !o Ihey'reKrauss: t,le I ] verify for usgoing to have again, we did not do a compuLation. that there's sufficient parking for to prove that when Lhey come in. didn't have buildings. EIIson: uhen Lhe time comes you can certainly ask them. Planni n9 Commission Meet i ng llay 2, 1990 - Page 30 Krauss: carrying And there'sa Iiability a permanent Iiability with this site. This site'sof 54 stalls. Er hart: here. l.lhatever, it seems like we're going through a lot of Mickey House Krauss: It's a little bit. I guess itthat's been established by the property comfortable we can work it out this way through but r.re've done it before. relates to the ownership situation owner and his future plans. [.le'reIt's a few more hoops to jump Conrad: Any other comments? Ba"-zL i : Is lhe entrance,/exit of f of Audubon Road an entrance only? entrance only for trucks.Krauss: No , it EI tson: Truc ks exit Krauss: Right .direction.ha ve Batzl i : Do r.,,e want it to be an entrance only for everyone? Krauss: There really is no need for that r^re don,t believe at this point.pt some point in the future there may be a median down Audubon Road atr,ihich time it would obviously just be a risht-in,/right-out only but at thispoin.- in time we didn't see there was a need to limit it. is not. have to Truc ks It's an one way . to manuever through this site in one Batz]i: If there.was a median there, how trould trucks gettruck dock? They'd be facing the wrong way wouldn't they? come in Par k Road? back to They'd the have to Krauss: They'd have to approach from the north on Audubon. I'rn sorry,they'd have to come up from the south on Audubon. I'd have to add that Lhemedian is not something that hle see being built tomorrow. It's just astraffic Ievels conlinue to build, at some point in the future it,d besomething that they'd probably have to look at. Batzli: But since you had the concern about Audubonwith the traffic h,as to the south of park Road? Road, your concer n Krauss r Yes. Batzli: So you don't care if cars 9o in and out on Audubon? Kreussr No. The traffic revels again, it was somewhat surprising to us Lorealize it but Lhe traffic levels that the model was showing uere roughlycomparable for Park Road and Audubon norLh of park Road. Batzli: t,leII it just going to be facing the on Audubon. with the angle waY if they're , the cars aretrying to go north of thatgoing Lo r oad be SEEMS wrong Planning Commission Heet i n9 llay 2, 1990 - Pase 31 Krauss: The illustration is somewhat deceiving Commissioner Batzli. Thereis sufficient room at lhe neck of that drive for the car to beperpendicular to Audubon before it enters out onto the street. Batz I i : Even the . . . if a truck is coming from the north to turn around it into Krauss:Yes . I'lI take your uord for it. It doesn't Iook like it on theBatzl i : draw i n9 . cor-lracl: Anythins else? Krauss: UelI I think you have to t6ke the perspective of what we're trying to achieve here. The loading docks are someuhat concealed in these locations. on the other side of the buildins. Right now you can see across here to a point. On this side it's coming up and you start hitting trees but you have a direct line of sight here. l.Jhat ue're proPosing is thal Lhe trees be added here. That would screen kind of the direct view into the site. tje're assuming that as Lhis property develoPs, that hha:ever we do over there is going to provide additional screening. That this. becomes something of an internal.... tlith the trees clustered right here, r,rill screen the direct view of that loading area. Ahrens: So you think that 4 trees are goi ng fit in that to screen that area? Krauss: That's about alI you can space . Conrad: Anything else? Is there a motion? HildermuLh: I'Il move that the Planning Commission recommend aPProvaI of Site Plan S86-3 and Subdivision *90-6' Preliminary Plat for PMT corPoration withou! variances subject to the following conditions l thru 8 and subdivision conditions 1 thru 3. El lson: I'II second it, l.lildermuth moved, EIlson seconded that the Planning Commission recommend approval of Site Plan *86-3 and Subdivision *9o-5 Preliminary Plat for PMT corporation uithout variances eubject to th€ follouing conditions: HVAC equipment shall be screened by a paraPet wall or by a screen uiall constructed of materials compatible with the building exterior. AII exterior Lrash dumpsters shaII be screened by a masonry enclosure constructed out of materials compatible with the principal structure. The entire buildins must be provided uith fire sPrinklers. Ahrens: I have a question about the landscaping plan. You have here thatyou're recommending that the applicanL provide four 8-12 foot high Douglas Fi:'s to hide the loading docks. That doesn't seem to me to be adequate to hide loading docks. Planning Commission Meet i ng nay 2, 1990 - Page 32 2 5 6 Hodify the siLe plan to provide a 30 foot wide drive onto Audubon Road r.rhile maintaining alignment with Lhe l4cGlynn's driveway. Post "truck entrance" si.gns on the Audubon Road curb cut and an "exit' sign on the eastern Park Road curb cut. Provide revised plans to illustrate the feasibility of constructing the 64 proof of parking stalls as outlined in the staff report. These stalls shall be constructed by the ou,ner upon request by the City at such time that the City determines there to be a parking shortfall. Revise the grading plan to limit fill over the watermain along Audubon Road to a maximum depth of 4 feet. Provide an erosion control plan for appr ova l . Revise plans to provide tuloCity Fire MarshalI. additional fire hydrants as directed by the Revise the landscaping plans to add four 8'-12' high Douglas Firs inthe northurestern corner of the site Lo screen the loading docks.Relocate Iandscape material to avoid placement over the city watermain.A Iandscape bond is required prior to the issuance of any buildingpermits. L Site plan approval is contingent upon the filing of the final plat. and Subdivision Conditions: fol Ior^ling easements : drainage and utiliLy easement over aII exterior property 1. Provide the a b SLa ndar d lines. Reconfirm the location of drainage and western and northern sides of the siteproposed uti I ities . utility easementsto cover in place along the and Concurrently, provide a permanently recorded easement over Lot 4,Block 1, Chanhassen Lakes Business Park sth Addition, running infavor of the City for access and parking of up to 54 parking stalls. The easement should be worded so that it cannot be vacatedwithout the written approval of the City of Chanhassen. Staff is further recommending that no building permits be issueduntil the plat and al.I required easements have been recorded. c d 2- Provide an acceptable final plat. The storm sewer extension along Audubon Road and the north side of thesite shall be built to city standards and conveyed to the City for maintenance upon completion. A development agreement is required, !.latershed District approval is required. Planning Commission Meeting Vay 2, 1990 - Page 33 Enter voted into a development agreement urith the City. in favor and the motion carried-All PUBLIC HEARING: ZONING ORDINANCE AHENDI,IENT TO AI{END SECTIONS 2O-3O AND 2O-9O3 OF THE CITY CODE PERTAINING TO RECORDING OF PERHITS AND ZONING LOTS. Paul Krauss presented the staff report. Conrad: Tell me Lhe process, going back to the first one Paul. Recordingpermits or conditional use permits or h,hatever. Hor^r does that work? Soyou get a conditional use permit. Go through the process that somebody would follow to set this recorded and teII me how it's controLled. I stilldon'L undersLand. If we approve the conditional , take it from the point that the City Council approves it, teII me what happens- Conrad: So Chanhassen r.rou Id? Krauss: t^le]I we tried in the past. Conrad: No, teII me the new. Krauss: tJeII what we'd like to do is first of all lay it out in the rr-dinance that, I'mean right now State law does require these things butour ordinance doesn't mention it. In the past when we've tried to do it, we oftenLimes get there after the fact and we don't have, and I'm terrible on what kind of proeprty is which, if it's Torrens property but ule don't have the tiLle certificate. tle don't have all the owners complying downthere with us to sign off to say that they're willing to have this pledged against their property. So we're saying the applicant's going to have todo it and show us that they did it or else the permit's invalid. conrad: So they have to show that? you that they did it. Now how do they do Krauss: tlell we can get a copy of the recorded document that is given tothe County. I conrad: So you're 9oin9 to do that every time.you seL up? Every time there's a variance or aset up a tickler system that one month from now they did it? Otherwise the City sends... Is there a little systemcondilional use, that you they have to prove that Or if there's apermit uron 't be building permit relative to that request, the issued until !hey've demonstrated it. Krauss:buiidins Krauss: t^le get a City Council resolution that says that on such and such adate the City Council authorized it subject to these conditions and it'ssigned by the Mayor. tle would then have Lhat filed down against theproperty at the County. PIanni.ng Commission Meet i ng Yay 2, 1990 - Pase 34 conrad: t,lel I is Lhat urhat you're using to monitor it? Krauss: It will be,yes . really a tickler systemConrad: So it's not You're waiting for an OIsen: Sometimes it's would use the. activity. A bui Idi ne not a buiLding permit to make sure they did it?permil. associated and that's when we I guess I'm just curious what the system is monitor Lhis. Krauss: There will be a system that does that. In the Past u,hat's happened is by the time we get these resolutions together and get them signed, a month maybe two months has passed. By the time our secretarygets to take it down to the County maybe anolher couple of months haspassed. By that time the thing's up and running. It's ]ong gone or the cwirers wor-r't cooperate. hle've had very poor success in getting these things recorded after the fact. Erhert: - . .you can't get the document. . . Krauss: You have to have the owners compliance and you Conrad: So there is a system.that you're going to set up to Conrad: t"lhy issue the permit until it's recorded the Hayor to sign off until it's recorded? need tlhy the title- not wait for Kiauss:in Cityput in. That 's i n or di nances fac tthat then? what we're saying here. Right now there's nothing has that requirement. [.Je're proposing that that be conrad: okay. That's my only question. Erhart: Hhat does the county Recorder think about this? Krauss: They've actuall,y been fairly cooperative. Emmings: They can charge you a fee. Krauss: The Hennepin County Recorder, even though State lal.l requires that these things be filed against the property, the Hennepin county Recorder has refused and has refused since the Iaw was changed. Erhart: l.lhen you're talking about an Abstract which is a legal sized document - Emmings: They don't have to do anything with the Abstract whatsoever. Ahrens: No, it doesn't have anything to do with the Abstract. They just take the permit down to the County and either they file it with the County Recorder's office or the Registrar of Titles office dePending on Bhat kind of land it is.' Planning Commission Meet i ng l{|ay 2, 1990 - Page 35 Erhart: Okay, but Ne're talking about both drawings and ]egal descriptions nou r ight? Ahrens: They can only file a document against it, Krauss: It's the conditions. Erhart: So it's not a drawing? OIsen: No. Eyhart: If we're talking about fiLing a conditional use permit, normally the o'-ar:ings are such. I'm under the impression that you're going to be *alking dorln there with a big set of drawings. clse,-, : iL's a resolution that refers to plans dated. Erhart: Ckay, so it's not the drawings? Ahr-ens: IL just shows up as a little entry. Erhart: The entry that shows up in your Abstract? Eninings: It will after they're brought up to date. Erhart: Like an easement? Ernnings: Yeah. f! gives notice to the Person, if they're interested in the property, that there have been some Iimitations Placed on his Property or sorie approvafs granted and if they Nant more information, than they have to come to the City and look aL lhe documents. Erhart: Okay. l.Je're not talking about sLapeling a whole enclycopedia? Emmings: Oh no. Ahrens: All you'd have to do is make a Phone call to the County to find out if the. . . Emmings: t^leLI this is dynamite because this stuff doesn't exist olheruJise. If it isn't recorded at the courthouse, it doesn't exist. Batzli: HoL"J long does i! take to record something at the county? Krauss: I think it depends on what time of the year you get it. Ahrens: I!'s instanteous. You hand it over to lhem and lhe date of recording is the date they accePt it. Erhart: And you get it back within a ureek? Emmings: Is lhaL what you mean? That isn't what I thought you meant is it? t Planning Commission Meet i ng l4ay 2, 1990 - Page 35 Batzli: How long is that going to delay people that it's been recorded back? ln getting the stamped copy tJe've heard that it can be as long as 2 to 3 weeks at peak times.Krauss: Ahrens:To get what? Krauss: To get them to go through their stack of things they're supposedto be recording and to actually get it recorded. Ahrens: tjelI they actually record it right ar.ray. You just don't find outLhat they record it for several weeks. Krauss: In fact that's been one of the problems insubirritted things for recording and 3 weeks later were.3on i.- couldn'! be recorded. the past find out is thatthat for ue 've some Ahrerrs: Yeah but generally you can call down there and they'II give you adocument number immediately. ThaL document number for the recording. I mean f do that in Hennepin County and in Hennepin County they deal with alot more documents than Carver County. I mean you can get document. numbersimrnediately. In Hennepin County. Erhart: Is there anyway, concern it's a legitimate one if you're doing acondition or a variance or whatever you're trying to get started here andalL of a sudden you, before they can get started you're asking for proofthat it got recorded. rt's conceiveable that the process could 9e! a monthlong or longer delayed .depending on, you're talking about an ordinance,you're probably going to need a place for eternity. If the thing got to be6 weeks. Ahrens: That would be the exception. That just enough of a concern to be worried about. is not, I mean that's not Batzli r Getting approval from the city is already such a slow process,r guess a couple of treeks. For instance, the worse case scenario would bethe person's going to do something, some temporary interim use and it takes2 ueeks to talk to staff. A r,leek to get on our agenda. A couple moreHeeks to go to City Council. A couple more weeks to get you recorded. Kr auss : severalto pul I In addition, if it's anything that requires building, they haveweeks of after submitting their buildins plans before they're ablea bui ldi ng permit anyway. ELlson: But that's what ue need the verification. Ahrens: It's true, you can. You don't get the documents back if it,storrens property because they keep aIl the original documenLs so you just make a phone call. It's very easy. They charge !!1O.OO I think to recordit. T Conrad: t^lhaL else? Anything else? Is there a motion? Erhart: f move that the Planning Commission recommends approval of the Zoning Ordinance AmendmenL amending Section 20-30, Recording Permits, conditioned upon revising the ordinance as follor.rs, and using the wordsthat the staff has used in the reporL. The 3 conditions. 3 requirements fguess. And then also include with that, recommend that the Planning Commission also approves Seetion 2O*9O3, Zoning Lots as written on lhe attached amendment, Conrad: fs there a second? El lson: Second. Ei-hart moved, Ellson seconded that the Planning Commission recommend approval of Zoning ordinance Amendment amending Section 2o-3o, Recording Permits, conditioned upon revising the ordinance as follor.rs: 1. The ordinance be drafted in such a way that it is clear that the applicant for !he approval has the responsibility for recording the oerrniL and for providing proof of recording to the City. ?. No permits reLated to the activity nor the activity itself shall be initiated until the approval and conditions have been recorded. 3. The ordinance also be designed to apply to interim use permits. Also recommending approval of Section 2O-9O3, Zoning Lots, as written on the attached amendment. AII voted in favor and the motion carried. BUSINFSS FRINGE DISTRICT. STATUS. BACKGROUND PAPER, DISCUSSION. PauI Krauss presenled the slaff rePort on this item. Conrad: Thanks PauI for kicking it off. Tim, uhv don't t,e'll let you kind of steer the balance of the meeting, going to be for us. Erhart: thing - you jump as hard as rn. that 's f'm confused. I'm confused about Hoon Valley and the gravel Moon Valley isn't in the BF district now? Krauss: No it isn'Lpermitted cond it iona i It's in th6 A-2 district and mining oPerations are a use or now an interim use in the A-2 district. Erhart: I mean your argument to say that that's a disadvanlage because then nour this, the conversion of the A-2 is a disadvanlage because nor,l this is A-2 and mining could be put into this area. I mean there's a r'rho1e valiey there that's in the A-2. The whole stretch is in the A-2 district now so that's a real minor disadvantage, I was just wondering if ure were tosether on that. I was wondering if I misunderstood but I don't so. Planning Commission l,,leeting nay 2, 1990 - Page 37 Planning Commission Meet i ng l4ay 2, 1990 - Page 38 Conrad: I'm going tovision down there. A the natural? Is that you r back to Erhart: Yeah. That's my next point. I think that's right. And I feel that by converting it to A-2, we will freeze it today. It just bothers me immensely urith that vision to see us look at new lhings going down. New comrnercial lhings down there. That is just opposed to that vision and I'mwilling to wait 30 years to get there because I think in the next 30 years that the events that you talked about are going to happen. Either self induced by closing the operation. Again, this is assuming it's an A-2 or someone's going to come along, either someone's going to eome along and say He want this operation out of there. Someone's going to come along andput the junkyard out of operation. It's probably going to be the State of M i n nesota - i nterrupt . Iong termit Tim? t^,lha t 'svision. your vision? Is it realIy Start with restoration Krauss: I haven't been able to verify it yet but I understand the FishUildLife may have negotiated something where the fella has a life estate has agreed to selI at some point when he retires. Erhart: I think if ure freeze it and show concreLely that the City's notinterested in developing that area, that it will eventually revert backeither self induced or through some other external factor, back to anatural area. Conrad: tJhat I keep searching for in that philosophy is a real proactive stance like not only waiting for things to 90 away but I think the actionis, you're saying we'll do it via zoning so we kind of restrict what'sgoing on and I keep thinking, well geez. Do r.re h,ant it to be a park? Do we just simply want it to exist that way? and _or Erhart: Maybe it's a two stage process. Right now let's freeze2 is the Park and Rec comes in or the State comes in or Fish and, come in and they can somehow eliminate those uses. it. Stage they can Erhart: A par k. Conrad: If it was a park. If we felt that down there, than I'd feel comfortable to go have the vision right now. that was great park property a particular route but I don't Erhart: tJell I have that vision. I have that vision that it's a semi-public, semi-private park r,rhere maybe a few more homes. you knou, the homeson the bluff are great. That's a good use. Beautiful spots up there. Mavbe come doun the bluff a bit but generally there's a rot of park going down that river with horse trails and all kinds of useful things that artaporopriate for that. Right today I,m just trying to be practical . Stepone is to stop the development. Then if something comes along, there's t,roriey to make it into a park, that's step tuo but today we,re seeing this I conrad: But r wish we had a 9oa1 . you knotr r wish it was this vision lhatsaid no! just preserving and you know I like that but for some point. For some direction. Planning Commission t'leet i ng l4ay 2, 1990 - Page 39 go. Do you realize that today after all the urork we did in the ]ast year and a half, that another, remember the utility storage facilitv that we Iooked at about a year and a half ago in here? Down in the va]Iev that we were aII so appalled and in fact the City of Chaska came in and said please dcn't do this to us. Do you realize that they could come back today andput that in under a temporary use? Batzli: The guy who was going to have the bis Poles? The utilitv Poles? Erhart: Yeah. tle had eliminaled it one time when we eliminated contractor's yards but nour we've reverted. That guy could come back in urith that proposal again today under a temPorary use Permit. ft makes me sick. Corrad: t^lhy did we construction? reject it? Didn'! we rejec! it because of the Er lrart : Conrad: We oh approved it and for some reason it never got buiLt. r^re did approve it? Erhart: Sure we did. We had to. t^le aPProved it. olsen: I don'L recall that. tlas that b,hen SLeve was here? Erhart: Remember lhe guy was going to have the bis trucks coming !,lildermuth: He bras going to build a big bridge across the creek? Erhart: No, it was another one down by the pickle factorv. Right Chaska's development uP on thaL hiII. This ulas a real industriaL guy was in Hopkins and he wanted to move out here. If I remember ure approved it. in ther e? below right,IS Emrni ngs: No , I Batzli : I don'L think so. we aPProved it. don't think Erhar!: oh okay. But anyway. Let me address the points related to this. That was my vision was to someday keep that, Preserve that as an oPen space area. By lhe same token, I feel by going to an A-2, there probably is some properties Lhere that ule are taking and they are ouled some comPensation for it. My opinion, I think that's worthwhile - The gain is worthurhile considering tha! in this proposal. Now obviously there's a Price. I don't know what ihe price is. our attorneys and their attorneys would have to sit doHn and come up wiLh what, if they feel there's a taking, I'm more lhan welcome to come back and say hey, you're downzoning my ProPerty and it,s worth this much and we ought !o go through Lhe process to see if we can come to an agreement b,ith them. I think it's North it, going through that. I'm not afraid. r don't think u,e ought to be afraid of the taking issue. Le!'s address i!. Take it on. Go forNard. Yeah, we're taking. How much do you t{ant? In my oPinion this is t'lorth it. Planning Commission Meeting l{ay 2, 1990 - Page 40 Conrad: And therefore, wouLd you send this issue to the Park and Rec Commission right now to say Park and Rec, do you think this is a Chanhassen, a site for a par k? Lrnart: Conr aci : Erhart: Ellson: a par k. I don't think ure have to But boy, to justify uhat blhy? Because if the Park and do that you're today . just saying )zou sure do. Rec is behind that being good place fora Conrad: You've got to know urhere you r.,,ant to go . E:'hart: t",hat's going to happen if we zone this A-2, the property owners asPauI states, it can't be agricultural . They can say that h,as a taking.They'II file a claim against the City that says hey you,re taking and solet's say the property ouner has 5 acres of land and his property is worth down there today oh I don'L knou. I'II just puII a number out. :bS,OOO.OOan acre. Okay, and he's got 5 acres. That !E2S,OOO.OO his property isHorLh so now uJe convert it to A-2 and you claim that his property is onlyNorth 53,OOO.OO an acre so it's a $2,OOO.OO an acre difference times 5acres is $1O,OOO.OO. I don't think you,re talking about millions ofdollars here. You're talking about, there's not that much land we,retalking about and I'Il tell you, the value today isn,t very much...so thispro2erty is not going for the $5O,OOO.OO a square foot it is in downtownChanhassen. I believe it's barely above the level of individual propertiesthat you'd put a home on so I don't think we're talking about that muchmone'/. So I think our being scared off because there's a taking issue, Ir:ay be wrong but I believe it's overblown in our minds. I don't thinkwe're adver selv affecting the property that much by doing that. And that'sgo'" to be a Council decision. I think from a planning decision, we oughtto pursue it and see if it is that much. conrad: But to make it worthwhile, I go back. your vision is a park. BatzIi: Open space. Conrad: Your vision is open space. Erhartj Yeah, really it's open space. Not a park. a mowed ballfield. This isBatzli: f don't picture it as natural bluff . Conrad: As a taxpayer t^rould you 90are there, you're just going to buy hundreds of thousands of dollars. in and to buy out those businesses thatthem out, you're going to spend Erhart: Hhy do you have to buy them out? Ba'-zii: f uouldn't buy now . out those existing businesses right there. Right Planning Commission l.leeting Vay 2, \99O - Page 41 conrad: Any idea what the properLy valuation is down there PauI or Jo Ann? !(rauss: No. Some of those properties have been for sale for a long time and it's tough !o find uses for them. Some of Lhose uses are already non- conforming and therefore, conceiveably the SuperAmerica doesn't have value to lose. It's already non-conforming so you're not doing anylhing to it, I+,'s already zoned A-2 but there is a significant cost I think that's going to be involved. These things always escalate a whole lot more than you ever-r would anticipate. I appreciate Chairman Ladd's comments about having a goal. Hark Koegler and I were working on the Comp Plan yesterday and we urere talking about Lhis area and I asked him Lo show the area south of the highway as park. Particularly, all those non-BF areas right now where cornmercial areas are shown, I said show it as Park because tle don't acknowledge Lhat those uses have any long term Presence anyway. But I think jt involves the park board. I think it involves other agencies Loo. U.S. Fish and tJildlife which ulants to operate the sanctuary on the other side. I think it involves the City Council. This mav be someLhing Lhat if that's the route you want to go, is best discussed, we've started a work session formaL with the City Council. tJe've had a couPle of them so far and they're informal sessions uJhere the cameras aren't running. l^Jhere ther-e's not- a great number of citizens r.lanting to be heard, t^lhere there's an opportunity to kick things around informally and uhat you may Hant to do is have this scheduled for one of those meetings and you can have some r-epresentar-ives from Planning Commission, Park Board and the Council sit down and discuss it's ramifications, Because I think it is goins to be ccst ly . Erhart: From legal fees? Krauss: t^Jel I 1've already had owners t,,ho were in the BF district. In fact I had a long meeting with Patrick Blood, the garbage folks who got aPProval of the building and then was withdrawn. whatever the story u,as on that. He uras trying to market Lhe ProPerty for commercial use now. They have, I forget what they told me they paid for it but thev've since, thev've cleaned up Lhe property and they've had it on the market for quite a Period of time. r mean they're going to be able to demonstrate a significant loss I would have to believe. Erhar!: Kr auss : Conrad: Erhart: BatzIi: How many acres was it? I don't knoH. ft was quite a few. 20? I think they had 10. Erhart: You would respond to someone who says you have devalued byproperty and then argue about how much and then settle it. If you think it's reasonable . Planning Commission Meet i ng Yay 2, 7990 - Page 42 conrad: Er hart : Krauss: Emmi ngs: Conrad: Erhart: Batzl i: But ue don't know what they bought Yeah, it was 10 or 15. t^,lhat do you think they paid an acre? Oh, I wouldn't hazard to guess. Do you know what they're asking? Buy it Erhart. There 's a solution. tjelL anyone who would pay more than three grand an acre. Krauss: tlell in fact they asked to be notified to be present so they couldkick it around urilh you and I told them that I wanted the Planning Corirrission to discuss it informally amongst themselves and then ue wouldnotify all the property owners. But I've got to believe they're going tobe able to demonstrate a significant financial Ioss and that they acquiredthe property on a good faith basis and at the time they could have donesomething with it. Noi/,J that gets into a legal issue and maybe t^le can get away with that. know because we don't know the numbers. Ue don'tiL for. EL lson: Right. Batzli: That's whv what ure're talking about today is to give you direction-to do further research and we don't know urhether it r.rilr be costly or not.rt rright be. rt might not be bu! until ure start looking at what are thesepeople buying lhe property for down there. t"that is it being offered for.tihat's the average selling price per acre down there. lJe don't know Krauss; Yeah, but the way to find out though is a fairly comprehensive andusuallv costlv study where when you Nant to acquire property you hire someappraisers to go and do research and find out trhat the values are. BatzLi: l.re're not to that stage but it uould be easy to carl, you know orto talk to some real eslate people to find out r.rhat it's selling for dournthere . Erhart: Go douJn tothe property.the County and you can find out what the guy paid for Emmings: Ask somebodv like Al. Klingelhutz. Ehat is his property or Brad.- Ellson: You're jus! saying kind of informally check it out or whatever. Conrad: Let's get some consensus on the direction here. Is it theconsensus of the Planning commission that we would Iike Lhat propertynatural at some point in the next so years and therefore to zone it so thatreaLlv it wourd be an agricultural zone? rs it worth the first step fromstaff to look at the cost of a downzoning to A-2? Or is somebody more I Planning Commission Meet i ng laay 2, l99O - Page 43 interested in pursuing another one of the alternatives that slaff has recommended? Emmings: Can I ask a question? Conrad: Yes . Emmings: If ne're talking aboutthink, weII I certainly think is what are u:e calLing the bluff? a bluff proLection ordinance which Iimportant. I think everybody does.But conrad: tje'lI calI your bluff. Krauss: I guess I see theprobabjy ought to go ahead t he h i ghr.ray . bluff as a wholy separate with irregardless of r.rhat action that ue we do with what's on Eminings: But if we put in, caII tl-,e bluff and is this outside the bluff zone? we' ar ea re going that's d to have to own there, define the area that we BF now, would that be Krauss: Conceiveably parts of it would not be, a property Iike Sorenson's uhere he's even at 80 that used !o be the b]uff. You know when you foot high cliffs, look at I mean Krauss: 1n some places. Emmings: I think applying this existing use idea to the bluff zone is apretty good one and as far as what I'd like to see in that area, I think it aught to be an open space area. It would be nice, I don't have any Problem r,rith agricultural activities dotln in that area. If there's somebodv down there who's got a cornfield they've been Planting, that seems Perfectly compatible and fine to me. But other than that, I think iL ought to be kept as natural as possible. It ought to be iust, and uses wiLl be found in the future for iL. I have no doubt about it. t^lhether it's trails or whatever. conrad: See I back thaL it's E1]son: And Conrad: Yeah.trai I system . E I lson: think going they you tlouId that's a tough posture to follow. Let's sav it comes to cost Chanhassen $3OO,OoO-Oo or $4OO,Ooo.oo. ask, we r.rant that for a horse trail . you rather spend lhat money on a horse trail or on a Lucy will say they want it on there. who always says, we don't look at the eonomics. Peop I e t^lho's on La ke Lhe guyEmm i ngs : Erninings: rt seems to me the bluff area could well go right down to the highway. Planning Commission Meet i ng Yay 2, 1990 - Page 44 Conrad: You're absolutely right. I'm just trying to be a real pracLical person in this case, Have Ne lined up the Park and Rec? Have we lined up City Council? Do they really care? tlould they rather spend their moneyon this issue than on other issues? As much as I buy, it's a visual. You knox the way Tim's giving it, it's visual for aesthetics. tle just Nant toIook at tha! area. tle don't uant to use it and if we had a use, then Ithink we could start ]ining folks up to say, hey it's worth the money. Butwhat it is is just saying hey r.re don't like how it looks and we just urantto drive through that part of town and see that j.t looks really pretly because it's a bluff. I think that's. . , Emmings: I don't think so. I think what Tim is saying, and I think Iagree with iL, is what we do know is we don't want it developed. Maybethat's enough said righL now. t^le don't want to see developments going inthere that's going to make, if ue're all kind of for having it open space,for God 's sake, Iet's not be putting development in there. Batzli: f vieur that as, it's a natural resource just as the wetlands, Lhenatu,-aL tree cover, the other ameni.ties of this community. That's a naturalarea Lhat is a unique geological formation through this part of Hinnesota.The bluff. And it's not jus! visual contamination. rt is the preservationof a natural area wiLhin the city that r think has just as much risht to beorotectec' as a wetland. Conrad: Does the bluff runthe area the bluff.right down to the highway? I never considered Krauss: Bluff Iine ordinances are typically tied intoqr-ade. l,Jhere iL exceeds that percent of grade you're inpr-ote.tion area and where it doesn't, youtre not, the percent ofthe bluff Er','riiii ngs: That'd be one thing to do would be to define thatso Ne c6n see what the heck we're talking about. on a map for us Krauss: Can I throw something else into Lhe mix here? Over the yearsf 've, for the past 15 years been driving past that thing' . you alwayswonder about the seminary and what that can be used for and we continue tohave inquiries about bed and breakfast and you know, hoteLs and restaurantsand those sorts of lhings, I've never tried Lo dissuade anybody fromIooking into it further. f mean it's a very complicated thing to do. Thebuilding won't faII down. I mean t"re've looked at condemning it. It'ssti]l verv solid amazingly enough but it's got some hislorical significanceand if somebody acLuaIIy puts a project togelher that nould involve it'srestoration and use for somethi.ng, the question is, is that something youwould encourage even in Iight of this discussion? Emmings: Yeah. Erhart: That'd Conrad: f sure be alright with me. wou 1d . Ahrens: tlell you have a urhole list of permitted uses in the A-2 district. Planning Commission l'leeting l4ay 2, 7990 - Page 45 do it as HelI I xould thinka PUD because it's if anything happened to the hotel , we'd have toreally a one off situation.., conrad: Joan, whaL do you think? tlhere do you want to go on this one? Ahrens: I don't knour, to tell you the truth. I think that protecting Lhe bluffs is a great idea. I don't know how to define it either. I don't know at what cost. I mean I think we should protect it. I don't know. Ithink that more study has to go into h,hat land is down there. tlhal's valuable and what we should protect. l^Jildermuth: Downzoning Lo A-2 I don't think is the answer because thereare too many other uses thaL can go in there. I think somehow we've got freeze it wilhouL running into these taking issues. At Ieast for a time Iook at it. The only way to take it out of circulation is to buy it for par k. to to a C onr a --1: Could you put a par k down not. CaII it an unfor tunate Jt's preserved there? Right off an arboretum or of 169. somethi n9 . I think it's moi'e tlilderrnuth: Probably 1i: t^,el l park's ax open sPace. choice of area. wor ds .of, ',lili]ermuth: It 's not picnic Batzl i : Yeah. It's noL Lhat and balI diamonds. of a park. tabL es kind Kraues: lhat's true but the park board has expressed an interest in bluff l.ine preservation.and their plan does state Lhat Lhere are areas worthv ofprotection as open space. If you're going Lo 9o that route, I'd really encourage you to sit down. Appoint a couPle of PeoPIe to talk to the Park Board arrd then having aII of you go talk to the City Council at one of these uiork sessions so there can be some concurrence on which way to go. Ernmings: tlhy don't ure just find out from the City a track that they're even interested in? Council if we're even on t^,lildermuth: I think they're looking at us to propose the track though. Conrad: If we don't have a clear vision, I don't know that b,e can get them going some direction. If hre sai.d this is what hre want, then I think thev could react Lo it and we could get, and that's tJhat I'm trying to get is as much definilion and I'm kind of worried that just a passive vacant ].and is someLhing Lhat Lhey're going to jump on the bandwagon for. Ahrens: Is it envisioned that the City would 272 LheY e? Enm i ngs :Nc. tJeII who else would want it?Ahr ers : own aII of that land along Planning Commission Meet i ng May 2, 1990 - Page 46 Ccnrad: t^l e could get the SLate . the City.Ahrens: uell the State or uould the State or^rn it? It would alI be publically? But why Emmi ngs : continueslay the Ahrens: Uith the existingto own iL and they same . As open Yeah. use can zoni ng ,seII it peop I e the use own it going nour could to have to the and who is Emrn i ngs : because. !.Jildermuth: But the thing is, how do .you get rid of what's already there? Emrnings: t^lelI that's another problem. Iand? That's why the existing use zoning is kind of interesting what's there. of and restore it, Ellson: I think that's r.rhat u,e're trying to do is get rid of Erhart: l.Je've got to be careful here. tle're not getting rideverything- [.,e're not getting rid of the individua] homes. Einmings: No, they can stay. Batzli: You'd be freezing it and preserving it as it is todayeveniually if the City wants Lo purchase some of the sLuff andthat 's f ine - Krauss l to give and not Ahrens: But there's nothing to prevent like Moon VaIley from expanding? Krauss: !,,1e I I Moon Valley expansion though ule've got that other ordinancethat's going to get second reading next week and that hopefully witl give us a leg up on that. For the National tlildlife Refuge though, all I,veever hearcj that they're interested in is the south side of the highway.They're not inLerested in Lhe other side so it would have to be. Emmings: I look at u,hat we're doing is adding onto b,hat they're doing. But also, if existing use zoning is used down lhere, you're going some legitimacy to those uses that are now outside the BF disLrict now non-conforming. The junkyard for one. Emmi ngs: way. Yeah, but you said that's already been taken care of some other Krauss: t^le]I, I heard a rumor to that effect. Emmings: Yeah, but here's the thing. Look, if you've got a big area ofIand and you've got some uses here and there that we don't like, I see urhat -we're doing is prevenLing there being any more of those by freezingdevelopment there or by doing existing use zoning and then if you uant togo in and clean those up, you've got a variety perhaps of tools to use to PIanni ng Commission Meet i ng llay 2, 1990 - Page 47 do that. Condemnation being one of them. Krauss: Yeah, but I think you've increased the cost. The motel on the south side by the junkyard is not outside of the BF district as is Super America. They're non-conforming uses. If we have a tornado that comes dcurn the river valley this summer and they're uriped out, they can't berebujlt, I would assume that existing use zoning, although it's not been def irred yet, would aIlow the restoration of a permitted existing use. Batzli: If h,e do existing there. use in the A-2 and not just in the BF down Enrrnings: l^letl we'II have to be careful to take those things into account but I thirrk the goal is to try and freeze development and then you can put i r-r the best thing we can to try and get rid of what's there. If the goal is cpen space, I don't know why open sPace isn't, I don't understand Ladd uhv open space isn't a legitimate goal . Conrad: I Iike it. Emrn i ngs : Conrad: Em;n i ngs : Conrad: LllSOn: I thi nk It's the But it Because But wi 11 you do but cost. seLls to Tim you haven 't it selI to and me seen the I don't know why you don'L think it wiII sel]. you if Batzl i : I t^rould pay more taxes to and Brian. cost. your taxes are going to go uP? buy thaL land down there. Conrao': BuL if it was for Ie!'s say $3OO , OOO . OO-$5OO , OOO . OO , I could make some other place in town. I could buy Moon recreational facility that you tlouldn'ta terrificValley and bel ieve, Emmi ngs : conrad: I Erhart: I communityturn thatI could. assetinto a You can't because we won't let you do that on a bluff' 'm just saying, is it tlorth it. just can't imagine how it could be !$3OO 'ooo.oo. Krauss: I think it would be that easy but really' it's going Lo be much more than that. I don't uant to dissuade you from your vision because it's one r find somewhat attractive mvself but I think you've really got, r mean this is not in lhe theorelical realm anymore. If you're acLually thinking of doing it, I really believe and r^rould strongly urge you to try to tlork togelher with the Park Board and the Citv Council to first see if vou can have some uninimity of vision. If you can't, you might as weII droP it. Conrad: Does the Park Board have any vision? If we senL this to them' whai's the chance that they would reallv take this to heart? Are thev Planning Commission Meeting t4ay 2. I99O - Page 48 pretty nruch-. - Emmings: I have another question. t^,hy haven't they already done something- about that? Conrad: t^lell even putting a park on the b]uff. A passive park I think would be really fun to do. ti Krauss: They have talked about, and I'm not and lhe Park Board of course has just changed when I was al their meeting last, looking at brought up the fact that we hadn't called on ne which they'd like to see. They've alsotrail corridor along the Bluff Creek urhicht it wasn't shor.,n, not lhe entire lengLh ofe plan. So they have an interest and whaL 'r erna i ns to be seen. Batzli: I think there's one or two membersbe interested in following up on uhat ue're Emmings: This seems more Iikepark issue. I don't know. an expert on the Park Board somewhat signif icantly butyour comprehensive plan, any protection for the bluff had a long term goal of having- ure had always intended to showit anyway, Basn't shown onthat depth of interest is, on the Park Board nourtalking about. uho would a bu rh a planning and zoning issue to me than a Csnrad: But they're in charge of park. Er,rn: i ngs : Yeah , but I 'm not tal ki ng about a par k . Conrad: You're not? might be a park, then So then we don't give it to ure give it to them and they them. If you thought ittell us uhaL they Lhink. it's, we don'! even havethis point. Is that h,hat you Emmings: If we zone the whole thing so that no more development occurs, ifthey trant to come in laLer and put in parks here and Lhere, I don'L care.That's fine. ft seems compatible and everything else but I don't see whyure need park and rec... Erhart: t^lhat Paul is saying, I agree with him. He're talking abouLselling this to the City Council. I'Il tell you, my feelins is that theCity Council hasn't thought about this a urhole lot. I think some of ushave some strong feelings about it and I do believe there are some peopleon the park now startj.ng to think about it. I think with working togetheyNith them we can sell the idea to the Council. Number one, when you sell,number one is you get their attention. Number tr.lo, then once you've gotthem listening, try to convince and today ue haven't even hit number oneand I think we need to do that. If we believe that we ought to dosomething, than I think we ought to try to sell it to them. I think ure cando it if ue uork together with the park. Emmings: But I think what Ladd is saying enough of a vision to take the first stepLhink? f mean I don't agree with you - at Planning Commission Meeting llay 2, 1990 - Page 49 Conrad: I'm just sayingnot as sellable as if we substance beyond that. the passive use andsaid it should be a space is probabl y ule had something of just openmajor, if conrad: So Hhat would you like to do? tiildermuth: tlell isn't the goal to sLop anything from happening right now? Conrad: You know the number one issue, well I guess it's not number one.I kind of like zoning for something rather than against so I like the linecf our conversation because it's saying wha! do Ne want to use that spacefor. IL hasn't been, even though it's Lhe bottom line, it's contrary toi.hat's there. Basically what you're aII saying is, we don't wan! anything doi.,rr Lhere - So from a planning standpoinL, we do not want any commercial uses dowrr on tha! highway. That's nhat everybody's saying and now, if tha:'s the case, then t,e can start zoning against commercial uses and f don't knor.; how to do that. If it's Slate recommended or Frhatever but I th j.nk that's just one absolute step. tle don't uant commercial uses there L,ecause we have a different direction for that property and lhe stronger that- direction is, the more the chance ue're going to get that zoned tha*- kray - The way we want it. So one, everybody is saying no commercial uses dor.:n there. LeL's get rid of it. Last time I uas here when we Put the zor,a in just simply to try to conLrol what we've got and we didn't do a ver;,- good job through the course of time. Ue did a bad job. So consensus, we don't want commerci.a.L doxn there. Not^r the question is, whaL do we hiant? ie that it? Ernri i rgs: tJhal do 'you mean is that it? Conracl ; Nor,t we've got to give staff this one. t^le don'! Nant commercial . ce:'tainly. . . direction to come back and help It may be interim agricultura] us on but Emm i ngs: See I EI Ison: Horse Emrnings: oh no. Don't ever mention horses around me. seminary being converLed into a bed and breakfast or a Tha! doesn't bother me. can conceive of commercial us6s down there. rental . But the idea of thehotel type thing. conrad: You can do that in agricultural though can't you? Krauss:t^Jell again we've got the PUD so... tje could do it with an Alternate 2,ElIson: want, Emmi ngs: I'd there because make it BN or whatever you like Lo think of some commercial^ uses that would be nice down Lhe land is so beautiful so iL mieht be a Place a Person Batzli: [AIe need I think a Iarger goal before we do more research to get toa more concrete vision, PersonalIy. PL anning Commission Meet i ng Yay 2, 1990 - Page 50 would want to come to see. NoL a Super I Motel . Ahrens: That's not a bed and breakfas!? Conrad: Don't you Iike the little motel doun there? I Lhink that littlemotel is kind of neat. Erhart: tJhich one, that yelIow one? Conrad: Yeah.The transient deal . Iittle cabins?Erhart: Oh, the Emni ngs: I'd Ahrens: John Iike to find and Jane Doe, fol ks uhat do teII him whatat least Steve Conrad; Okay out this, who stays there. you uJa nt to do? Ahrens: l,le I I sounds I i ke, down there. uJe is don 't say i n9 t u ses not h,ant. To leave it alone. Ithat there could be commercial Corrrad: But he doesn't have any good examples. Ahrens: HoH about a golf driving range. Emmings: I think it ought to be open space. f*auss: .Io Ann and f were jusL talking that it may be possible. I don,tlike aLl the districts that ure have in town but it might resuLt in a nei4district. conceiveably you could come up with some sort of an open spaceconservancy di.strict that had as permitted uses agricurtural uses andsingle family homes. rt would make everything non-conforming down there.Everv commercial use non-conforming but you might arlow bed and breakfastor hihatever else you want to do t"rith some uses that are compatible u,iththat district specifically. r think h,e can be creative in that way buL rstill go back to my original thought that I think you really need to get sorr,e uninemitv of opinion on this thing. r think, the city council's alsoraised the same concern. you know you're not alone in that and the park Board has too in terms of what to do down there. r'm pretty comfortablethat if vou aII put your heads together and Lhink of exactly uhat you uantit to become and wha! would be involved in terms of cost. for the City, wec:n write an ordinance that will do it. And hopefully stand up and won'tget us sued too badly, Batzli: I like wha! you just said.conservatory type distr ict . The open space conservatory. Bluff t^li I der muth: Sounds good. t^rel I as . But that implies getting rid of uha!'s there as Conrad: Yeah. Planning Commission l*1eetin9 Y'ay 2, 1990 - Page 51 Emmings: tlell some things there you're never going to get rid of though Ithink unless you buy them. Like the Super America. That's going to,there's going to be a gas station there forever unless somebody buys it Iwould assume because it's just such a great location. KTauss: the new Ioca!ion uiII be somewhat diminished when Batzli.: Althoush our first goal is to perhaps not have anything. That n'ight be utopian and I Lhink at least limiting to t^rhat's currently there isour irnmediate goal . AL least is my immediate goal . If there are some aCCitionaL very Iow, low impact uses, that might be okay but the long termgoal or my long term goal would be tha! there would be nothing down there. C.i:rad: Tlren there would nothing so then you could just drive by it and t!,i nk it uras pretty. t^Jel I i! is althoush that highway's built. Batzli: You r,louldn't just think, it is tJilcermuth: But it's important that Nevision. Start doing some. . , Conrad: You don't want to actively use Batzli: If there are some trail or tuo that's fine but I'm talking open space, pretty. say lhat and establish that as i!. or some Parking or sornething, not an aclive par k. our Erhart: [.Je then can get have a off on pLcnrc trails area. A place and hi ke up and Lhe park where people river,to 9o down in the Emm i ngs: Iit's there . don't even need to drive by it and I'II be satisfied to know Erhart: That's risht. l.le're going to lose it if we don't do something about it. Batzli: And you're not going to get another bluffs until the next ice age so you either have a choice now to save it or it's gone. Emmings: t^le are into an interglacial period. BaLzli: rt's just a matter of a couple million years and we're righL back. Erhart: Let me not be accused of dragging meetings on. Emmings: call it a glacial zone. Glacial outwash zone. Emnrings: Just because of less traffic. But it will stay there I thinkdon't you? Batzli: It's for future generations. If r.re don't do it nor,l , it's going to be developed and tre lose the bluffs. PIanFing Commission Meeting l4ay 2, 1990 - Page 52 Krauss: t,lould you like me to make a few overlures to the Park Board and ciLy Council to see if they have some similar interesLs? Batzli: r don't think you're sold enough on the vision to PresenL it fairly to be quite honest r.lith you. You're not excited abouL it at all. If you're promoting your new proposal yes, but as far as Promoting oPen space and preserving the bluff. Krauss: tjell no, I applaud that as a goal. I just have been lhrough the reality of what these things cost and what it costs people lhat have i nvested. r mean there's a ]ot of things thaL are attached to these things that you don't, yes. Preserving a bluff line...It's just not that sirnple and it's going to be costly and it's going to involve a lot of effort by a lot of people in the City if that's whaL you want to achieve. Enrini ngs: Okay, do it. Erhart: Do you ulanL people to volunteer? Krauss: Yeah, there's a couple of folks that...but we'lIkind of a meeLing and get people. put together some - Ernrnings: But you know what, what can you say? Conl-ad: But no, See, I'd rather have a proposal Lhat ure take to somebody.Seriously. If we get the Park and Rec and the City Council involved, we'repretty familiar with these issues and we're not coming up triLh an absolute, -This is it. l,Je're starting to generate some ideas but we're closer to it, maybe I'm taking some liberLies but I think ure're prelty close to theissue. I've played with that fringe district down there for many, manyyears, But I'd sure like, what I'd raLher do is draft a direction statemenl or an opinion tha! the Planning Commission believes that we shor.rld look at a conservancy zone down there with the intent being,., The Ior,g term intent being a recreation site for people of Chanhassen and the surrounding area for trails and whatever. Then for staff to put in ananticipated cost of whatever our action woul.d do. That would be a gut feel and I guess f'd have to associaLe the costs with it. I wouldn't feel real -comfortable if I didn't put some kind of cost implications doan. And thenpass that in front of somebody with us and see how they react to it. Emmings; How about this? I think wha! you're saying is fine r^rilh me.don't disagree with you but I think a first step along there is maybeprepare a map of what the area is that Ne're talking about and what'snow. Get it identified so we can see i!. I toin it Conrad: I think that's a good idea. And then also maybe how the bluff, Ilhink concurrently r^re're looking at a bluff ordinance. So I think out ofthis report that I see tonight, I see the bluff ordinance is something thaL we should be going ahead on. I also really like and something that I'venever considered is that dump. That salvage yard. I think that's anotherissue that ,*e should tackle- Those tuo seem rather important to me so Idon't know but I think we should be looking at those and then doing thisalso- trlanning Commission Meeting l4a ,., 2 , 1990 - Page 53 Krauss: I can sit down with Roger, Jo Ann and I and Ne can try to piece this together a little bit. If you tlant to go uith an overall open space conservalion district, it would oveate the need for a separate bluff ordinance so we've got to figure that out up front. Erhart r Maybe we should somethi ng? be looking at hiring Mark to do a $5,ooo.oo Krauss: No. tle'11 do this in-house. ElIson: Save that $5,ooo.Oo for the buying. Kraussr Roger's on a retainer so we can use him as much Frhart: t,lelI anyway, f agree with the alLernative to go i ntent plan that we all agree with. Conrad: tlegot to move dowrr there. plan? are putting together a comprehensive PLan right now so this has kind of quickly if we urant to put a different zoning category And when are ure going to the public with the comPrehensive to have publ i c as we want to. with at leas! an hear i ngs pretty soon. vacat ion . it. K-\-alrss: t.Je'Il talk about that in Hay? 'You a mi nute, sa id l,,tay?Conr ad: t^lhat KraLrss: She Jo Ann? di d? olsen: I did not. conrad: I keep thinking we're going Krauss: tlel I we thought He {dould but olsen: t^le'II start moving ahead real Krauss: If you want to move onto the that stuff. Emmings: On what? we gave you heavy duty next item f a on can give you an update on Krauss: t^lel] I didn't have a chance to do a rePort from the Director so I can...r was in Denver during the last Council meeting came uP but let rne briefly touch on that and a couPle of guide Plan issues. At the last meetjng, ureII actually you aPProved that guide plan amendment for Harvev arrd O'Brien on Lake Lucy Road with the sewers that u,ere failing- The Metro Council just approved that and they didn't alter our stipulations any so it i{as approved as you asked. The HRA has authorized staff to enter into a ccntract with Stagar, Roscou, Thoust to do a traffic study for the do*intown. It's going to reopen uP some of the issues on l^iest 78th Street . i+_'s going to look at the Target proposal , if that materializes and a Brad Johnson proposal . tje clearly have some significant traffic concerns that Planning Commission Mee! i ng Y.ay 2, 1990 - Page 54 Lie r'ey be confronLed with and this is lhe group tha! we've decided to go with to work with us on Lhat. Short, Elliott, Henderson has been hired to work on the storm !,,ater utility program. You may recall that staff is hoping that r"re can get Lhis storm water utility fund in there to finance. Emmings: Is tha! one person? Krauss: Short, El l iotL, Henderson? Emmings: Yeah. You just call him short for short? Krauss: He is pretty smalI. But we're hoping thaL this is the financing mechanism whereby we can do a comprehensive storm water plan that we've never- had in the City. t^Je can also do our uetland protection program withcfficlaL mapping and some new ordinance developments under that program asuelI. The council's looking at this. Hopefully we'II have a decision frcm- them yet this summer. Basically a storm water utility, if you don't urrde:'stand hou it uorks is it assumes that everybody in the citycontributes to storm water that falls on your property so on a per acreh,asis divided by use on a quarterly basis, you're assessed because the City-is operating utility fund for storm water, About 15 communitie shave doneit in the Tr,rin Cities r^rhich Stale lar.l was recently changed Lo allow you todc ii-. Host communities wind up, single family homes wind up paying about -$3.OC or $4.0O to 55.OO a quarLer. Commercial property pays more- you canget tax exempt properties and charge churches because anybody that's on acity utility system is going to get charged and it can generate significant- sums of money for us to not only do planning but us to also go in and doa:quisition of storm water retention areas. Of wetland areas. Constructionof storm waler facilities. l^lhere they need to be constructed. Up untilnow, all ure've been able to do is tell the developer you take care of the :roblenr on your ourn property because bte have no place else to put it. Andit'= r-eaIIy an ineffective and inefficient way of working. i.li lclermuth: tlhat about buyingcould decide. nature conservancies? The City Council Krauss: You mean down on the bluff? Yeah.t"l i I dermuth : Krauss: I suppose the Hinnesota River Valley, it's going to geL the water.I don't know. It's pretty focused. tlhat you're paying for is fairlyfocused. The citv council approved the modification to the tax incrementdistrict that we kind of ftubbed our way through the Iast Lime it was onhere. You may be aware that there's a large joint HRA,/city council meetingon Monday that's open to the public to discuss all the lax incrementprograms in the City. tlhat they repercussions are and uhere they,re going.Along those lines, we're meeting r.rith Target Friday morning. Now Targetuias supposed to teLl us whether or not they were going to go ahead onFriday and tae've since found out that Target is internally making theirc'ecision on Friday but we should have word shortLy as to whether they'reseriously - . . I Planning Commission Meeting Y,ay 2, 1990 - Page 55 Krauss: I'm beginning to think it's getting real. Reason for that is twofold. I rode out on the plane u,ith my former boss from l.linnetonka and Iasked Anne what was the latest on Target in Hinnetonka because lhat's r.rherethey wanted to go and she said they were working pretty inlensively throughthe fall and finally realize that they just couldn't put it there. Itcan't fiL- AL 7 Hi shopping cenler. The old Red OwI and in fact there wasanother article I read a urhile ago that Rainbow is ]ooking for sites toexpand and they had chosen Minnetonka as one of their sites and thatcccurred to me, that's the only site for this place to go and Anneconfirmed that they're looking at that so. EI lson: There is no spot left . . . Krauss: No, there is not and Target had told us that one of the reasons why +-hey hjere so anxious to be here Has to head off tJa]-Mart. ttell LJal-M.:rt just announced they're building in Coon Rapids this morning so ifthat lights a fire under Target, and I think it wiII, you begin to put thepieces together and it's starting to sound legitimate. Ahrens: Do we want TargeL here? Conrad: Krauss: Honday. Ahrens: Conrad: Ba',2I i. : Kr auss : Ahrens: Emm i. ngs : El lson: I don't knoui. ThaE's a t^Jel L that's one of the real good question. things that's going to be discussed on I wouldn't say that that woul.d be such a great advantage. Yeah, f don't knou, Is that a TIF property there? It is a fIF property and Target is lookins at. . , I think it's too huge. tJho hasn't gone there in the last year? In the Iast week. Krauss: I think you have to realize though, this is not just a Targe!.First of aII they're talking about a mega Target. One of the big ones butthey're talking with a combined with a major grocery stoye. 50,OOO to 50,OOo square foot grocery store and a lot of r€tail inbetween so in onefell swoop downtown Chanhassen, for better or lrorse, conceiveably gels comp 1e ted - Batzli: tlhat does that do to the Super Value? Krauss: tJel I that urhole e nt,e I oped by the Target. project That 's disappears.still up in Mar ketthe air Square site would bebut that's what wou ld Ellson: tlhat do you think the probability is? t,1 lanning Commission Meet i ng ay 2, 7990 - Page 55 happen if Target. Batzli: So they're uailing on that, on the Target decision? Krauss: Yes . Erhart: You knok, Mar ket Square could be built. Krauss: They could come in for a building permit tomorrow. Ernmi ngs: But they'1I make money selling their land to Target I k noul , Krauss: A couple minor things. The CUP for the restaurant at 7 and 41 was- approved and HcDonald's r.ras approved. Relative to the Comp Plan, I think we alL overdosed on Comp PIan maLerial and ue needed about a 3O day hiatus.Time's up and you've got !o go back to it. t^le didn't completely stopurorking on it though. I had a number of meetings with the School District.-The School Distric! is looking for a middle school siLe in the mid-199Orange. And u,e think, HeIl you can tell me I'm urong but it occurred to methat the perfect place for them to 9o is out in front of Timberwood on TH 5. illson: Nouldn't they jus! love that. !{)-arrss: l,lelI the school district Iikes that site. Ue ualked it with their;rchit-ect. There's a 40 acre chunk there. I!'s situated right in terms oftheir- br:sing. ft's a nice area for them to level off and I think it really-b.rings that residential component across TH 5 that we've been looking for.Ihey would be looking to develop it uith a number of recreational amenitiesthat would be of use to our residents as weII. The program, if it comestcgether, and the City Council is interested. I've talked to them about it,would involve City assistance in acquiring the land and we're not sure yet whether the tax increment laur as it currently sits is going to allour us todo that but we're ]ooking into it and we're going to be showing that as apr-eferred school siLe on the next draft of the land use plan, [^,e want to come back to you at the next Planning Commission meeting with a revisedIand use plan and some additional text urork. ft,s not going to be a realheavy agenda wiLh land use. It's not going to be a real heavy agendaperiod. LJe don't have that much on but u,e wanted Lo bring you somematerial to taLk to you about that. tJe've been working with RCM on ourutility program and expect to have that wrapped up in 2 Lo 3 weeks. t"le,vebeen working with, h,ell tlark and I have been working on an Eastern CarverCounty strrdy on a transportation element. t^le think we,re going to havethat hrrapped up shortly. l^le're getting some pressure to hold someinformational public meeLings. And uhile you r.rould prefer normally to haveeverything done before you 90 ahead and do it, I don't think we can wait much J.onger realistical}y to do that. tlhat I'd like to propose is thatfor your regu).ar meeting on June 5th and for your regular meeting on June2Oth, we establish maybe an hour and a half discussion time and go Iikenorth of TH 5 one meeting. South of TH 5 the next meeting. If we needmore meeting,s, r4e can of course do that but I,d like to get some articlesin the paper that basically outline the current status of the plan. Uhatit means to people. tlhat iL doesn't mean to people. t^lhen Lhese meeLings i trlanning Commission Meetins Y,aS' 2, 1990 - Page 57 Ellson: I like lhe one night better. Ahrerrs: I do too. BalzIi: Iess on h.e ca u se I Iike the one night but unfortunately f find myself concentratingeither the meeting materials or the comprehensive plan materialsthere's just so much of it all at once. That's just me. I don't E,nirii tlg: I find myseLf concentrating on the food. Batzii: Haybe if ure could get Lhe Comp materialslittle bit before the regular meeting materials orhelp me in any event. a Iittle bit, to us asomething. That would K)'auss: l.Je can do that. do one night.Conrad: Let's try to tri to if youAhrens: I'iaybe could keep the agenda short on the rest of it, Krauss: t^lelL so far ue haven't had to be elective about that. l.le haven't had a whole lot of items coming in and some that we've had, big ones, Redmond for exarnple and. a couple of smaller industrial projects, havepulled and we're not exactly certain when they'II reschedule. Should I go ahead with setting up those informaLional meetings? Conrad: Yeah. APPROVAL OF MINUTES: Batzli moved, Ellson seconded to approve the l,linutesof the Planning Commission meeting dated April 14, 1990 as presented- AIIvoted in favor except Jim tlildermuth Hho abstained and the motion carried - Conrad: I see under open discussion you want to talk park and ride. Ooyou want. . . Olsen: We can do that Iater. Conrad: Great. t;ould occur and hopefully get some attendance out here to get some moreissues out in the open. Comprehensive planning by petition, which is sortof happening now in the background, is not a very effective way of workinsand I think ue need to bring people inLo the process rather quickly. If Iget your agreement on Lhat, we'1I go ahead and try to arrange thosemeetings. The last thing is, ue need time to hit on these last secLions aswe're bringing them in, Nor., h,e can hold another special. meeting on an off t,lednesday night on May 23rd or r^rhat we can do is urhat r^re did the IasL timethat seem to work fairly well xhich is start the meetings at s:3oish andbring you dinner and try Lo get in a couple hours work in before theregular planning commission starts. Now it makes for a ]onger night but. onenight. I'd like your direction on that. ( Planning Commission l',leet i n9 Yay 2, 7990 - Page 58 Batzli moved, Ellson seconded to adjourn the meeting- All voted in favor and the motion carried. The meeting nas adjourned at 11:OO p-m.. Submitted by PauI Krauss Planning Director Prepared by Nann Opheim REVTSED ltAY 9, 1990 STATUS 3 4 ONGOING ISSUES Comprehensive Plan Issues 1. Comprehensive Plan Update 2. Amendments to XUSA Boundary 3. Future Use for Areas outside tbe llusA Boundary zonino code Amendments 1. Blending ordinance 2. Rezoning BF Dist. to A2 Sign ordinance (Iow priority) Tree ordinance - Uapping ofsignificant vegetative areas Rezoning 2* Acre r.ots to RRDistrict other Itens 1. Conputerize land use files,pernits, conditions and expiration dates on aparcel by parcel basis Reappraisal on wetland issues, ordinance and napping in conj unctionwith storn rater manageuent Adoption 9/90 scheduled Di scus s ionlsta f f directed to draft a potential new zoning district ordinance Inactive Inactive schedule future agenda ongolng - ct Pts conpleted 5 2 3 4. 6. Definition of structures shoreland ordinance Flood zone ordinance crading/uineral Extraction Adoption 9/9o 1995 Study Areas scheduled Discussion staff processing a positionpaper to revierd uetland ordinance and enforcement Budgeted noney for update 2year tineframe Review l.larctt, 1990 January, 1991 August, 1990 llarch, 1990 - cc directed staffto expedite 7 8 REVISED I,IAY 9, 1990 R-16 DiEtrict Approved by CC on 3/t2/9O ZOA Bank uith drive-thru in Approved by CC on 3/L2/9O BH District 9 Review legislation and ordinance pertaining togroup homes 10. variance ordinance and procedures Approved by Pc, joint neeting cClBAA scheduled for 5/L4/90 Approved by CC on 3/26/90 Final approval by CC 4/9o June 1990 11. Ordinance revision dealingwith lots accessed byprivate driveways 12. Ordinance revision dealingwith requirenent to post signs of notice for development CITY OF CH[[IH[SEEN 690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (512) 937-1900. FAX (612) 937-5739 I{EIIIORAT{DW To: Planning Conmission EROII: PauI Krauss, Planning Director DATE: llay 9, 1990 SU&I: Revised Natural Features Section llhen this section rras originally revieved by the PlanningConnission, re indicated that in nany respects this elenent was intended to serve as a blueprint, outlining future goals and workefforts. For many reasons, Duch of this rork cannot be conpletedin advance of the Conprehensive Plan. The Cohrnission agreed withthis in principal but asked that it be l'fleshed outir. The revised draft is nearly twice the size of the original andprovides Duch more direction in the issues, goals and futureprograms. A sunmarj.zed inpleuentation section has been included as ve1l. . NATURAL FEATT'RES Natural features pose specific constraints and developmentopportunities. Additionally, they add a set of perceptions orvalues which make a specific Aeographic area rruniquerr anddifferent. However, in order to consider physical parameterswithin the planning process, it is first necessary to identifypertinent natural features. Upon identification, policies can beestablished to naximize these resources and enhance the benefit tothe public. Natural features iropact both coamunity planning and site planningefforts. In site planning, topography, soil conditions, vegetation and drainage are major considerations. These factors are alsoiuportant in conmunity planning, however, land use reconnendations contained in conprehensive plans generally focus on larger scalefeatures. In Chanhassen, four large-scale features dominate theIandscape. They include 1akes, wetlands, creek and river corridors and tree cover. Each of these are revieved as follorrs. PIIRPOSE The city of Chanhassen is currently involved with and/orcontenplating a nunber of prograns pertaining to environmentalprotection. There are also a number of proposals for furtheraction that are outlined later in this section. Uany of thedirections that are presented establish long tenn goals and policydirections. Hohrever, due to funding constraints, the need to develop new programs and policies, tine linitations, the need toundertake research and the need to coordinate the many units of governnent rhose jurisdictions include natural resource protection,it is not possible to incorporate the entire inplenentation packagein this conprehensive ptan. It is therefore the Cityrs intent thatthe Plan serve as a blueprint of directives for outlining futureefforts and to indicate the Cityrs support for achieving the goalsstated herein. Chanhassen contains nine najor lakes, all but three of rrhich Llesolely within the conmunity I s corporate boundaries. These lakessenre as a habitat for fish and wildllfe and offer recreationaLopportunities for adjacent resLdents and the general public. TheCityts lakes also contribute to Chanhassen ! I coDmunity identity. They are typically Eurrounded by desirable neighborhoods having unique identities often intertwined with that of the lake.The City of Chanhassen has already established a series ofprotective neasures for the lakes. The current zoning ordj.nanceestablishes a shoreland overlay district that was consistent withgnridelines established by the llinnesota Departnent of NaturalResources. The Cityrs lakes are divided into two categories asfollows : 1 I,AIGS NATURAL ENVIRONUENT IAKES RECRE.AT I ONAL DEWIOPI,TENT I,AKES Rice l,Iarsh Lake Harrison Lake Inke st. JoeSilver Lake Lake Riley Lake Lucy Iake Ann Iake Susan Iake llinnewashta ChristDas LakeIotus Lake The D R has recently revised shoreland protective measures and hastargeted Chanhassen as a high priority conmunity for irnplenrenting new protective ordinances. Staff sill be working nith the DNR overthe next 12 lo 24 months to refine and implement these neasures forIocal use. Water quality of area lakes has been identified as a significant and growing lssue by concerned governmental agencies, the City andresidents. tlater quality inpacts come from trro sources which arebroken down into point and non-point source pollution. Pointsource pollution is relatively easily to identify since it istypically generated by a single use or source. As such,environmental legislation inplenented during the 1970ls hasgenerally been successful in reducing, elininating, or Ditigatingnost of these point source inpacts. Chanlrassen is fortunate that,for the nost part, our lakes have never been used as point sourcedischarges from industrial sources. Periodicatly in the past, there have been discharges from failing or inadequate on-site wastedisposal systens serving residences, houever, this problem haslargely been elininated by the extension of nunicipal seirerservice. Rice Uarsh Iake had also been iupacted in the past by discharges from a snall sewer treatment facility and agricultural use that have since been elininated, however, they have teft asignificant residue of organic naterial on the lake botton. [on-point source pollution represents a sigmificant potentialinpact to Chanhassen t s lakes and is nuch nore difficult to control hence by definition there is no one partJ.cular source. Exanples ofnon-point source pollution include fertilizers spread onagricultural or residential properties that runoff into area lakes and storn serrer outflous that flush organic uateriaLs fron streets and paved surfaces into uater bodies. Non-point source pollutionis going to be dealt vith in a variety of forms by a nunber ofagencies. Metropolitan Council staff is actively involved in researching the matter. Watershed Districts are initiating waterquality testing prograns and hopefully, vlll be implenenting raterquality improvenent projects in the future. The Uetropolitan VlasteControl Conmission is under considerable pressure to respond toorganic nutrient loading ln the l,linnesota River which iscontributed to by their facllities at Chaska and Blue Lake. TheCity certainly has a role to play in rater quality protectiveneasures, horever, the exact nature of this role and its 2 LAXE MAP coordination uith other involved agencies remains yet unclear.City Staff has been involved in dLssussions with staff nenbers ofall interests and agencies and anticipates a growing ernphasis inthis area. At this point in tine, research is being conducted tobetter define the nature of the problem and to ldentify reasonablenitigative techniques that nay be ernployed to respond to it. Agoal of these programs is to be able to nanage the Cityrs waterresources so that nutrient runoff into lakes and other water bodiesis not measurably increased by developDent and instances wheredegradation attributable to nutrient runoff is already present toundertake renedial actions to i.nprove these situations. Resolving rater quality issues will require time, effort andfunding by a varlety of agencies, includingr the city of Chanhassen.It is essential that this problern be deal€ rith Ln-a conprehensive Danner but does seJ.ectively deal vith the City of chanhassen oryith individual lakes within Chanhassen but iJ rather a focus ofthe uell developed plan of action agreed to by alI involved. TheCity of Chanhassen is striving tolrards the funding and preparationof a Conprehensive StorE water t{anagement progran. As a conponentof this plan, uater quality issues will be dealt rith. WETIANDS In recognition of the value of vetlands, the City of Chanhassen hasenacted wetland protection regulations designed to conserve,protect and enhance these environmentally sensitive resources.Wetlands in Chanhassen are classified as either Class A or Class Band have been graphically depicted on the Chanhassen Wetlands l,rtap. Wetland protection reguJ.ations prohibit specific uses in the twoclasses of iretlands. Certain activities are pernitted withinwetland areas, subj ect to the issuance of a uetland aLterationperrit. The ordinance also seeks to gain inproveDents for wetlandsas a part of nitigation techniques where appropriate. Wetlands areprotected during the subdivision process by outright dedication orby protective easenents. Chanhassen uas one of the first cornnunities in the Trin Citynetropolitan area to adopt a conprehensive wetland ordinance. whenadopted, the ordinance was innovative due to the tining, extent andlevel of detail it enbodied. After several years of uorking withthe ordinance, experience has shosn that sone nodificatlons uay bein order. The ordinance itself j.s worthy of reassessment since newnethods and lnnovative techniques for protecting rretlands have beendeveloped. uethods worth revieu are thoae which seek to place avalue on the uetland shich is then used as a guide for decisions onnodification, relocation or presenration. Ttre practlcalapplication and conprehensibility of the ordinance should also bereviewed. In order to be effective, the ordl.nance should be easilyunderstood by property owners, developers and staff assigned to 3 WETLAND IqAP adninistrative roles, Accurate rapping is the key to enforcement of any wetlandordinance. Chanhassen t 6 current Dap is based on pieliroinaryinfrared aerial surveys which provide a good overview but is not anaccurate enough depiction of the extent, type and existence of sonesetland areas. Better uapping sould aid in the enhancement andpreservation of Chanhassen I s uetland areas. tletland areas frequently faII under the donain of uore than oneIoca1, state or federal agency. The City of Chanhassen hasestablished cooperative working relationshlps uith the localvatershed districts, the U. S. Fish and Wildlife Service, the U. S.Arny Corps of Engineers, the ltLnnesota Departnent of NaturalResources and the U. S. Environmental protection Agency. In thefgture, the City may be required to interact more extensively withthe EPA under possible ino net lossr provisions that nay be adoptedby the state and national level. The city of Chanhassen supports the concept of a no net lossprogram for. city rretlands. To the naxinum extent possible, thecity has utllized its current ordinance in an attenpt to achievethis goal, although past efforts have clearly lacked theconprehensive focus that is necessary for it to be effective. The issue of uetland protection cannot be reviewed in detailwitrfout considering storn water nanagement policies. Fron astrictly hydrologic standpoint, wetlands have always beenintertwined rrith the drainage and utilization of propertyf whetherit be for agricuJ.tural purposes or to accoumodlte -urbanized developroent. Due to their location vithin IocaI watersheds,wetlands have often been the prinary repository of storD rraterwhere on-site retention is required to nininize downstreamflooding. This concept is not necessarily a bad one, but itrequires further explanation and expansion. Treating wetlandssinply as a stoto water holding area overlooks their potlntial forrildlife habitat, groundwater recharge area, filtering bodies fornutrient loading into the watershed, and for open spacL. The Cityof Chanhassen understands and supports the conprehensive approachto uetland preservation. It is believed that this could best bedealt with by the drafting of a conprehensive storn uater nanagement plan that would look at not only flood control issues,but also uith issues of uetland presenration and nater quality. This conprehensive approach is essential since the cityrs wetlands,retention areas, creeks and other sater bodies function in concertsLth one another as part of the cityts uater resources. The City has attenpted to deal uith Etor:B uater DanageDent aseffectively as possible given the llnitations of not having anoverall stom water nanagement plan. In general, aI1 neudevelopDent is required to retain Etotm rrater on-site to ensure itis released to dorrnstrean properties at a rate no greater than the 4 rate that was in existence prior to developDent. This is effectivefron a flood control standpoint, but presents difficult managementproblems due to the nultitude of water retention areas. It alsodoes not promote fuII coordination vith uetland preservationefforts nor does it deal effectively uith uater quality issues. The city has sorked effectively vith the satershed districts havingjurisdiction in our coununity and wiII continue to do so; however,it is clear that additional sork is required. It is therefore thecityrs goal to establish a cornprehensive atortr vater uanagementplan. Funding of such a plan is a sigrnificant undertaking for aconmunity, particularly given the scope of sork that Is envisioned.At the tine this Conprehensive Plan was prepared, the City CounciJ.is undertaking an investigation of the feasibility of establishinga storn water utility fund or other funding roechanisu that could beused to support planning and inplenentation activities envisionedin this elenent. The city has also recently expended funds toacquire a new set of aerial topographic Daps that uoul.d be used toconplete these planning efforts once funding is in place. CREEK AND RIVER CORRIDORS Chanhassen is fortunate to have significant natural amenities inthe forn of creek and river corridors. The cormunity is bisectedby B1uff Creek and Riley Creek. The southern boundary of theconnunity is forned by the Irlinnesota River. fhese corridorsrepresent significant visual, environnental and recreationalanenities for the community. The creek corridors create ideallocations for city trails. The creeks uhich often have adjacentretlands and steep slopes also form ideal boundaries betweenlnconpatibte uses. The CoDprehenslve PIan can rerve as the basisfor the long telm acquisition and/or protection of the creekcorridors. The Bluff Creek corridor is identified on the plan asa protected area with the intent that it uiIl be acquired asopportunities arise and funding pernits. The t{innesota River and the adj acent bluff line constitute anextraordinarily high quality environmental and visual elementwithin the connunity. The river botton is protected as a Nationalwildlife Refuge. To the extent that it is feasible to do so, theCity of Chanhassen should pronote efforts to preserve these bluffareas. The bluffs uhich are vislble from distant locationsoverlook the rlver and contain steep, often unusable slopes and stands of Dature vegetation. This plan can provide a framework forreviewing protection policies in these areas lncludlng thenitigatlon and renoval of incompatible land uses found along the TH 169/ 2L2 corridor. It is the cityts intent to develop a bluff line protectionordinance to preser:ve the scenic aDenity and environment of theriver valley. At the tine this plan vas drafted, the ptanning Conmission was in the process of developing a draft ordinance toachieve this goal. Gravel nining along the bluff represents a 5 Traditionally groundwater resources in the State of Minnesota havebeen taken for granted due to thei.r relative abundance and guality.Holrever, over the past ten to fifteen years it has beconeincreasingly apparent that these resources are being threatenedsith pollution and over use. ChanhasEen ! s entire watLr supply isgenerated froD deep wells and it is inperative that our conmunity seek_to protect and preserve this resoufce. croundwater protectionrequires a tHo track approach. The first Ls the protection ofrecharge areas that serve to allow the rerource to be naturallyreplenished. To this end, the city is fortunate to have extensiv-e 5 significant and potentially growing source of inpact to itspresenration. In llay of 1990, the City CouncLl adopted a newordinance that deals uith nining in a comprehensive Danner or whenused in tandeD with a bluff line protection ordinance, should offerhigh levels of protection. The Planning Co"'-ission is also actively investigating the futureof developnent along the lH L69/212 corridor. At the tiroe ofrriting, it is believed that this process riII result in ordinancesand..zgning _qhqngeq that uould have the effect of establishingadditional linitations on use in this area capable of protectin!the environnent of the river corridor. While these policies arestill in the process of being drafted, it is believed that the endresult si1l be the ultinate conversion of land located south of ttrehighway to natural open apace purposes in conjunction with theNational Wildlife Refuge that follous the lrtinnejota River. rREE COVER Sone of Chanhassenrs most prominent natural features are the areasof extensive tree cover that exist within the conmunity. Theseareas contribute to the open spaces and rural flavoi of theconmunity. In addition to the functions that they perforn innature, they are inportant deterninants of the cityrs inage and assuch, should be preserived uhere feasible. In order to enhance the supply of tree cover in the conmunity, Chanhassen is currently exanining tuo approaches. The firltinvolves the adoption of a reforestation oidinance that requiresreplacement of tree cover which is lost during constructionactivities. The second approach is to inventory significant standsof tree cover for the purpose of preserving such areas. The Cityhas been working with the DNR forestry Etaff to identify areas oisignificant tree cover. These areas should be napped so that theycan be adequately addressed in the development review process.Preservation of significant tree cover Day require densitytransfers during developnent or other techniques to conpensateproperty orrners. GROUilDT{ATER PROTE TION WILDLIFE Chanhassen and most other developing coumunities have not had anactive nildlife preservation effort ernbodied in the ConprehensiveP1an. The nost significant departure from past practiceL is beingproposed. There is anple evidence to indicate that urbanizationresults in significant changes in species and range of wildlifethat will be encountered in the conmunity. ChanhassCn is fortunateto have a large number of lakes, signifi.cant acreage pernanentlyset aside as protected public open space, the Uinnesota River blufiline, the Uinnesota River VaLley, aII of which contain and protectsildlife habitat. The cityrs setland protection efforts-in thefuture siLl be focused in large part on which wetlands constitutesignificant uildlife habitat and are thus irorthy of specialprotective Deasures, or where these habitats do not eiist requiringthat lower quality wetlands be re-worked to create it. The City of Chanhassen believes that it is a reasonable goal toattenpt to naximize the presenration of yildllfe even asurbanization continues to occur. l{here significant habitats areunprotected by neasures outlined above are found to exist, the cityshould strive for their protection by the creation of conservationeasenents or by outright fee title acqulsition rrhere appropriate. AGRICULTT'RAL PRESERVATION Chanhassen has traditionally been an agriculturally-based conmunityvith agricultural uses occupying the bulk of actively utilized landand uith a central business district dedicated to the support of 7 lake areas, large areas of penlanently dedicated pub1lc open space, and an active wetland protection program that wiLl preserve theuost sensitive of these areas. The second part of the approachrequires the protection of the resource from iupact by sources ofpollution. To this end, the city has undertaken the following: 1. To ensure that all abandoned sells are pernanently andsecurely capped to avoid direct introduction of pollution intothe aquifer. 2. Undertake and inprove inspections and approval prograns foron-site sewage systers and shen necessary replacing these systems with public sanitary sewer. 3. To the extent possible, the city has been actively involved inthe removal of leaking underground atorage tanks and thetreatment of contauinated soils that result. The clty hasundertaken this on several properties that were sulj ect toredevelopment activities has cooperatively worked with privateindividuals uho have encountered such probleus. farning activlties. l{hile several fatas remain in the cornmunity,for the most part this use has either been etininated bydevelopnent or appears to be conducted on a lease hold basis withthe underlying land held by persons intending to Earket theproperty for development. Several large farning operatj.ons arelocated south of Llman Boulevard and are therefore outside of the lrlUSA Line expansion that is currently envisioned. The city has nodesire to see these operations elininated and will cooperate uiththe osners to allow them to continue as long as it is feasible todo so. - Hoirever, there is no proposed on-going goal of pernanentlyproviding for agricultural land preservation in the connunlty. Chanhassen is surrounded on four eides by urbanized developuent.The future construction of Highway 212 uiU bisect an area that isoccupied by at least three of the operating farms and can beexlrected to bring further increases in developnent pressure. IIIPI,EI,IENTATION ft was noted earlier in this elenent that in the Iarge part isintended to ser:ve as a blue print establishing goals and ptticies and directing future uork efforts on behalf of the city. A sunnaryof the irnplernentation progTrans outlined herein folLows: 1. Work with the Uinnesota Departnent of Natural Resources toupdate and adopt a revised Shoreland protection Ordinance. Seek a grant fron the l,lnDNR to help defray related costs. 2. The City Council should adopt a Storn Water Utility DistrictProgran or alternative financing uechanisn to provide fundingfor comprehensive planning and capital expenditures related tostorn uater nanagenent, uater quality, protection and wetlandprotection efforts. Work vith other concerned agencies to develop a conprehensj.veapproach'to surface rater quality issues. Develop- a programthat seeks to avoid the introduction of excessive nutrientloading into surface uater while resolving existing rraterquality programs. Continue to replace failing on-sitL sewersystems with nunicipal facilities as needed. 3. 4 Develop revised vetland regulatory controls. A nel, ordinance shouLd be developed that seeks to achieve a ttno net losstlpolicy and bases netland protective measures on the quality and purpose of the individual retland. Develop an officialDap that can be u8ed by the clty residente and developers toaccurately and conslstently locate all protected setlands. Coordinate the vetland protection progran yith other concernedagencies to reduce duplicatlon of effort and sinplicityprocedures for residents and developers. Utilize land dedication in conjunction uith plat approvaland/or fee title purchase to acquire and protect designated 5 I 5. 7 8. 9. creek corridors. Develop and implement a bluff line protection ordinance toprotect the llinnesota River bluff line. Develop plans and ordinances desigmed to protect the ltlinnesotaRiver corridor taking the old lfyy. 2L2/L69 route intoconsideration. Work rith the U. S. Fish and Wildlife Serviceto expand, protect and promote utlLization of the resource by ChanhasseD resLdents. Develop a tree presenratlon ordinance that seeks to protectsignificant stands of nature trees and requiring replacenentof lost trees uhere thls is unavoidable. consider the adoption of policies and programs that would seekto identify and acquire significant uildlife habitats forpreservation. 9 VanEloren Flazard Stallings lEftEr.E..i*5.PlrrG IIEI,IO RAN D U}I T0: Chanhassen Plann ing Commiss ion and Staff FRoll: Mark Koegi ". IIF- DATE: May 9, 1990 SUBJECT: Land Use Plan Text Revisions Page 3 Page 13 Page 14 The Land Use text of the comprehensive plan modif ied to ref I ect changes in the I and use map.should completely replace the text now in yournotebooks, The old material had a header date materi al is dated 5/90. The changes to the text were relatively mi nor. Because many of the changes took pl ace in the charts, it was not feasible to use the+++j++ and bold method to identify new versus old material, Thefollowing is a summary of the changes that have been made. update has been The attached text comprehensive pl anof 3/90. The new The amount of developed commercial increased from 114 to 117 acres. The 1990 - 2000 Residential Land Demand chart has been updated. The 1990 - 2000 Composite Resident ial Land 0emandchart has been updated. The paragraph immediatelyfoliowing the note has been modified to reflect the numbers in the chart. The first tv{o paragraphs ofthe Residential Land Demand section has also beenmodified accordingly. and l,l i xed Use Charts have been modifiedthe future l and use map. to refl ect revisions toAppendixAI .A4 Page l9 Discussions of the 0ffice class ifications have been added. tOSO H.rbor Lane North 8ldg.ll, Suilo t0il Minn.apoli!, Mt{, 55447-217S St2lS53-rgSO Land Use (5/s0) LAHD USE Introduct i on Thethe Coupguid p I an requ land use elemelt of a comprehensive plan graph ical ly depictsdesired spatial arrangemeit and futuie appearance of a city.'led with stated goals and objectives, it plays a key role in'ing the physical development of a community. The comprehensiveis an important tool in reviewing and acting on rezoning ests where cons i stency wi th the pl an is req u i red. The basic development concept under which this plan has been formulated is best stated by the overall goals and policies itcontains. In general terms, the Chanhassen Comprehensive Plan has evolved under a number of premises: t That the City provide a residential environment which accommodates diverse income levels and housing stJle pref ere nce s . r That the community contain a wel l-rounded mix of developments which provides employment opportunities as wel I as consumer good s and seryices. *That development be consistent with the preservation and enhancenent of significant natural features and aesthetic amenities. r That this comprehensive plan coupl ed with the support ofthe people of Chanhassen, its elected officia l s, andstaff be utilized as a basis for future decisions on growth within the community. In a<ldition to these premises, the plan is responsive to current development trends and to the factors that influence these trends.Specifically, the pl an recognizes the opportunities and I imitationsof area transportation facilities. Additionally. the plan recognizes and is responsive to development pressures exerted fromnithin the community and from the southwestern suburban metropol i tan area. Existing Land Use An examination of the existing Iand use pattern is a prerequisiteto analyzing the future groHth potential of a community. Existing I and use should be cons i dered al ong rith growth project i ons andother factors in planning for orderlJ, economical, andenvironmentally sound community growth. Land use analysis can I (s/e0) point out physical problems and land use confl icts as wel l asspecial opportunities, and can help preserve the amenities which make the community attractive. Chanhassen comprises a total of 23.13 square miles. llithin thisarea, a variety of uses can be found: businesses, industries,homes,-Iakes,.parks, -etc.. The deyelopment pattern portrayed byeach of these has evolyed over a number of years and reflects th-eprevailing market and development philosophies of their respectivetime.periods. These philosophies may in some cases, be no longerconsistent with the planning philosophies and policies of the citytoday. This section wili examine Chanhassen,s existing land use pattern.First, in general terms, the city can be looked upon as haiing twoprimary se.ctions; the northern part which contains urbanJtype development and the southern half which is more rural in charact-ei. These zones are divided by the l,letropol itan Urban Service Area lineor ItUSA i ine as it is commonly referred to. This I ine was 91ig]nal ly e_s.tabl ished- under the Development Frameyork Chapter ofthe He_tropol.itar Development Guide prepared by the IetroiolitanCouncil in the Iate 1970's. The land area and c omm u n i t i e s ' w i t h i nthe |IUSA iine are those which have been designated as either fullydeveloped or as developing areas and are expected to conta i n thevast majority of metropolitan growth between now and 2000. Chanhassen's 1980 Comprehensive plan contained a l,lUSA linealignment that was prescribed by the iletropol itan Council in 1976.The Iine was intended to define the limits of growth up to the year1990. In 1986, the City of Chanhassen signed an agreement Hi th thel.letropol itan Council and Metropolitan llaste Contiol Commission asa condition to the construction of the Lake Ann Interceptor selrerline. A condition of that_.agreement was a change in the targetdate of Chanhassen's l,lUSA line from 1990 to 2000. The agreement d id, however, . contain a provision that al lons the City to amendit's -comprehensiye plan and/or comprehensive sewer plan includingprovisions re l ated to urban and rural serv i ce areas and serrer f lowal I ocat ions. The fol lowing table contains information on exist.ing land uses.Unfortunately, a direct comparison between this information and 1980 information contained in the previous plan can not be made dueto d i fferent collection techniques and definitions of categor i es.An assessment of residential, commercial and industrial growth ispossible, however, utilizing building permit information. 2 I I rtt o,!a a aaa' A- (0 aI r City of Chanhassen Minnesota rrr IQQQ MUSA Line ll, E++d E n.t\IG )' q_ Y'E- (5/e0) Existinq Land Use Category Residential - SingResidential - l.lult Commercial Industrial Park/ 0pen Space Public/Semi-Public Yacant Undevelopable TOTAL Percent of Total 1e Familyi Fami ly 3,912 53 163 396 L,172 1,636 4 ,438 1.323lI;095* 30u<lx l7 3U 9Xt2t 34U 10c The fol I owi ng isline: A detailed breakdonn of. exi.st.ing land use information is presentedin the append i x fol lowing this iect i on . Community-wide land use information is important in understandingdevelopment .patterns and in predictin! future trendi. InChanhassen, it is important to specifically focus on the I and usesand available supply of vacant l and within the con f i nes of thecurrent IIUSA line. llithout any modification of the l9g0Comprehensive Plan, the land supply within this area is that whichwill be available to accommodate the community,s growth through2000. a breakdown of land uses within the current IIUSA Existing Land Use l,lU S A Area !qtegory Developed Land (Acres Vacant Land ( Acres) Residential Residential Commerc i a l Industrial The suppl because ito second committed supplJ of - Single Family- Multi Family 2.552 39rl7 209 y of vacant industrial land cited above is misleadingt does not take into account property that is committeiphase expansions for existing bus i nes ses. Exclusion ofindustrial land results in an existing industrial I and68 acres. 3 Acres r Jhis. _figure exc-ludes lakes, ponds, ra.ilroad right-of-way andmajor highray right-of-rray areas. 531 223 113 113 Existing Land Use Map to be added (s/e0) A similar case occurs in the multi-family residential category.0f the 223 acres of vacant land, a 60 acre parcel is owned by achurch. Because of this, the development of this property may not occur prior to 2000. RESIDENTIAL DEVEL()PMENT The first recorded residential plat within what is now the City of Chanhassen occurred in the Lake i,linnewashta area in 1884. Sincethat time, a significant amount of residential grovrth has takenplace. As may be expected, a large amount of this growth islocated in the areas adjacent to the city's major lakes. Thischaracteristic is particular'ly ev i dent in the I and surround i ng Lotus Lake, Christmas Lake, and Lakes Lucy and lilinnewashta. 0therresidential developments owe their locations to such factors astopography and Yegetat i on. Chanhassen experienced increases in residential unit constructionfrom 1980 through 1984. From 1980 through 1984, 392 newresidential units were built. 0f these, 244 yere single familydetached structures. In 1985, Chanhassen's growth rate began a trend of significantincreases that continued through the end of the decade. Thefol lowing i nformat i on supports this observat ion: !es!{qntial Bui lding Permits Year Total Resident ial Building Permits 1985 1986 1987 19 88 1989 265 26? 323 412 387 Consistent with the pattern observed from 1980 - 1984, the majorityof residential construction from 1985 through f989 consisted ofsingle family, detached units (1387 out of 1649). At the presenttime, approximately 79X of Chanhassen's total residential housingsupplJ is in the single family, detached category. Residential development currently accounts for 3,912 acres or approximately 301 of the total Iand supply xithin the community.If Chanhassen's present residential growth rate continues, thesupply of yacant land within the i,letropol itan Council 's current l,lUSA line xill be exhausted at or prior to the end of 1993. 4 ( s/e0 ) INOUSTRIAL DEVELOPI,IENT Chanhassen has the tradition of being an agriculturally orientedcommunity. Until the mid 1970's, a feed mi ll was located withinthe downtown area. As the community gretr and the feed mill wasdisplaced by other uses, the city shed much of its agriculturalimage assuming more of the role of a metropolitan suburb yetretaining much of its orig'ina1 rura l f l avor. Prior to 1980, Chanhassen did not have a significant industrialbase and employment opportunities xere located primarily outsideof the community. In 1980, nine locations existed within the city which were classified as industrial: the BMT Company, il. A. Gedney Company, Apple Valley Red-E-l,lix, Statewide Auto Salvage, the ltoohYalley Gravel CompanJ, Instant lreb, Animal Fair, the Press, Inc., and businesses in the fi rst phase of the Chanhassen Lakes Business Park. From 1980 to 1985, industrial expansion occurred in the Park Onearea and within the Chanhassen Lakes Bus i ness Park. l{ithin theseareas, over 1.2 million square feet of additiona l industrial floorarea lras added. Industrial construction between 1980 and 1985accounted for over 180 0 jobs. From 1986 through 1989, the rate of industrial growth in Chanhassencontinued to rise. The commun ity became the home of corporateoffices for Rosemount, Inc. and lr{cGlynn Bakeries. Both of thesebusinesses as well as several others established campus env i ronment s containing I arge areas of open space. In l9g7 and1988 alone, approximately 150 acres of industrial land Has developed. The amount of industrial development during the 1980,s virtuadepleted the .supply of vacant industrial land. Not includ pl anned expans i on areas for existing businesses, Chanhassen hatotal of 68 acres of land ayai lable for industrial developmentthe end of 1989. C()HMERC I AL DEVEL()PI,IENT Existing commercial uses in Chanhassen occupy 163 acresapproximately one percent of the total land within the communitChanhassen's commercial deve'l opment occurs almost exclusive wi th i n the downtown area a] ong lest 78th Street. lli th i n th i s arecommercial estab l ishments general ly fal I within one of thrcategories: ei ther entertainment-oriented, househol d serv i ces,auto-oriented. In addition to the dorntorn area, the city contaitwo smaller neighborhood commercial centers, one at tintersection of TH 7 and TH 41 and the second along TH Iimmediately south of TH 5. ItYI ngda at or J.ly a, ee or NS he 0l 5 ( s/e0 ) tlithin the downtown area, commercial uses can be found xhich fallunder each of the three preyiously identified categories. The mostprominent of these is the entertainment-or.iented Chanhassen DinnerTheatre lrhich serves as a commercial focal point for the community.Surrounding this facility are household service oriented businessessuch as restaurants, hardware, drug and grocerJ stores, dry c I eaners , and similar uses. The downtown area along Iest 78th Street has seen significantcommercial expansion in recent years. This area has been the focusof Chanhassen's redevelopment efforts xhich are administered by theChanhassen Housing and -Redevelopment Authority. The city nai haOa long-standing goal of expanding commercial iervices in- the CBD. llithin this area, approximately 80,000 square feet of newcommercial space was constructed between l9g0 and 1995. From l9g5to 1989, commercial construction in this area continued withdevelopments including. a new 98,000 s.quare foot shopping center,a con.v-en ience. -goods and services shopping center, two'iew ianks anda medical building with rental office ipace. 6usinesses in th.isarea supply consumer goods and services that appeal to localresidents. A substantial portion of Chanhassen,s commercial needs aresatisfied by bus i nesses located in adjacent municipal ities. Downtown areas, smaller commercial centers, and a major regionalgItopping-centelin Eden Pra i rie all prov ide goods and- serviies tothe people xho live in Chanhassen. PUBLIC AND SEMI-PUBLIC DEVELOPI.IENT Publjc and semi-p,ublic facilities cover a wide range of uses withinChanhassen. Included are the Minnesota Landscape Arboretum, CityHall, the fire stations, the American Legidn, schools,' Cam-p Tanadoona , Bl uff Creek Gol f Course, churches and beach accesies forneighborhood areas. The provision and distribution of thesefaci I ities has a substantial impact on the deyelopment of thecommunity. The location and number of fire stations for example,determines what response times can be expected .in various areai oithe city.which i.n turn has an impact on fire insurance ratings andthe premiums paid by property owners. AGRICULTURE Since Chanhassen's incorporation into its present form in 1967,the community h-as seen a continuing genera l pattern of displacemeniof-agricultural operations by urban development. Agriculture. asa land use, has been diminished by the expansion of urban servicedresidential, commercial and industrial developments. 6 Between 1990 and 2000, Chanhassen rill continue to loseagricultural land to the development of urban uses. The City hasa policy of protecting agricultural Iands from premature development until such time as services are avai lable and demand warrants further conversion of properties used for agricultural purposes. Community Assets and Liabilities AlI or part of ten lakes and numerous ponds and wet l and areas Iie with i n Chanhassen. Collectively, these con st i tute one of the community's most notable assets. lluch of the community'sresidential development is located either on or close to a major I ake and most of the I arger ones have publ ic accesses afford i ngrecreational opportunities to the community at large. 7 (5/e0) In addition to these urban developments, another factor has contributed heavily to the demise of farming. In 1986 as a part of the Lake Ann Sewer Agreement between the City and the l,letropol itan Council and the lletropol itan llaste Control Commission, Chanhassen modif ied its zon i ng code to e l imi nate a 2.5 acre minimumlot size requirement for development served by on-site systems. Replacing the old provision xere standards suggested by the l.letropol itan Council which included a density limitation of oneunit per ten acres in Iieu of the previous requirement of 4 unitsper ten acres. Prior to the effective date of the new ordinance, the City of Chanhassen recei ved numerous subdivision appi i cat i ons under the old 2.5 acre lot size requirement. The subsequent development of theserural residential or 'estate' lots consumed hundreds of acres of prod uct i ve agricultural I and. In this case, the tightening of theIand use regulations served as a catalyst for development in therural area. Landowners made development decisions in part due totheir ability to maximize the development density under the 2.5acre lot size requirements. The devel opment of Chanhas sen' s I and use plan utilizes a f our-stepprocess: l) inventory existing conditions, 2) analyze currentassets and liabilities, 3) forecast future need s and consumptionrates, and final ly, 4) prepare a plan xhich enhances existing cond itions and recognizes future need s. The second step of thisprocess involves an assessment of various community land use assets and liabilities. The following points were identified. C()}IMIJNITY ASSETS (s/e0) Chanhassen has a number of parks dispersed throughout the community. These facilities coupled with public and semi-public uses such as the ltlinnesota Landscape Arboretum and the Lake il innewashta Reg i ona l Park prov i de recreational faci I ities to meettheir act i ve and passive recreat i ona I needs. Chanhassen has an identifiable downtown area trhich is an assetIacking in many suburban communities. The area provides a yariety of goods and services as well as empl oyment opportunities. Thecity also has a strong industrial employment sector. Chanhassen is currently undergoing a period of urbanization. Thepopulation of the community has continued to grow in recent years and is projected to do so in the future. Despite this growth andthe corresponding influx of new development, the city stillmaintains much of its original rural character; a trait rhich most new res idents consistently ment i on as a reason for I ocat i ng withinthe community. By ensuring that future developments containadequate open space areas, Chanhassen shou I d be able to maintainthe type of open environment that it now enjoys. The existing developments in Chanhassen have helped to give thecity a positive image. The community is renowned as an enterta i nment center and because of its natural env i ronment, it is now becom i ng one of the metropol itan area ' s most desirable Iivingareas. Significant progress is being made in the development of new commercial and industrial faci I ities which ni I l enhance thebalance of land uses within the community. The net effect of thispositive image should be continued interest in Chanhassen fromvarious components of the private development sector. COHMUNITY LIABILITIES At the present time, Chanhassen has a limited commercial base.l.lost goods and seryices are acquired from sources outside of thecommunity. Examples of unavailable goods and services aregrocer i es (excluding convenience stores ) , clothing, and 1a rge consumer goods such as appl iances, automobiles, etc. The growthof residential units from 1980 through 1989 is resulting inincreased interest in providing additional commercial goods andservices. Chanhassen, al though being one geograph i c unit fails to exhibittotal community identity. In the northern sections of the cit many of the residents relate not to Chanhassen but rather to tmunicipal ities of Shorewood or Excelsior and in the south, Chasor Shakopee. These feelings are due in part to the age of t community. Since Chanhassen ras incorporated in 1967, many of i res idents had prev i ous 1y establ ished social and bus i nes s pattern These patterns have not substantially changed in the Iast l0 - a J' he ka hets s. ?0 I (s/e0) years prima|i ly because many aYai lable 'in Chanhassen. Aspattern should begin to shift commerc i a I and service areasresidents. des i red goods and serv i ces are notthe community continues to grow, thisproviding that access to Chanhassen'sare conyenient to most of the city's Ihen viewing a map of Chanhassen's present transportation network,it appears to prov i de an adequate means of moving traffic i nto andout of the community. 0n the ground however, problems with the sJstem quickly become evident. The most notable problem is theexisting heayy traffic volumes which cause major arterials to become congested at peak times. Planned highway improvements will substant ial ly contribute to the sol ut i on of this prob l em. At thepresent time, TH 5 is being upgraded from a two-lane to a four-lane facility from downtown Chanhassen, east!rard through Eden Pra irie connect i ng to Interstate 494. 0fficial mapping is bei ng completed for TH 212 which will provide freeway access from 494 to Chanhassen and into western Carver County terminating near YoungAmerica. Both of these improvements are reviewed in more detailin the transportation chapter. In the past few years r the unavailability or Iack of vacant I and has become a community liability. The industrial land supply wil l susta i n only one year of expans ion. The current residential landsupply will be exhausted in three years or less. A lack ofavailable land poses a major constraint to continued community development in Chanhassen and the citJ's ability to create abalanced tax base. oevelopment Influences The growth of the Twin Cities metropol itan area and particularlythe -southwest portion of the area strongly influences community deve l opment i n Chanhassen. 0ver the past two decades, thasouthwest portion of the Twin Cities metropol itan area hasexperienced significant new development partially in response tothe existing transportation network and the diverse topography andscattered lakes yhich make the area visual ly attractive. Community development patterns in Chanhassen are becoming increasingly moreresponsive to development patterns in surrounding communities.This trend is evident in all land use classifications but it isparticularly prominent in the industrial and residentialclassif icat i ons. Chanhassen is surrounded by major industrial/office centers in!linnetonka, Eden Prairie and to a lesser degree, in the City ofChaska. Developments in I,linnetonka are virtually 100I absorbed. Eden Prairie's supply of industrial land to satisfy large scaleusers is rapidly diminishing, Chaska has an active industrial areawhich has extended and nrapped around a port i on of Chanhassen,s 9 oti?l.+ \ Ton G ch Y w , Propooed rH 212 ? H KA on ka h ACKSON s II Par Edi SarL h Mll.8e,;1i Sho aa ) I aaa!a 454 aa I IL V ra )WN rrrB I I I Shak opee IL on ka l0l Minn 11 ',t $rx n Pra ir / Alr lrlr il Ca DEVELOPMENT INFLUENCES fttttttttttlt I lttrt Legend ,F Ortlce/lndustrlal O R e tall/ C omm erlc la I O Park/Open Spacerrr 2OOO MUSA Ltne * Proposed lntorchang€s I 4C, Saval !r-cnrru ( 5/e0 ) western boundary. The lack of land in adjacent communities has contributed to the demand for industrial Iand in Chanhassen. Thelocation of the industrial development in Chaska creates a magnetfor the future exten s i on of Chanhassen's industrial/office areas. Residential development has also been influenced by the southwest area' s general growth trend. Chanhassen's residential buildingpermits totalled 48 in 1980. By 1989, the city's total residentialbuilding permits grew to 387. Escalating resident ial buiidingpermits are indicative of the desirability of Chanhassen's res ident i al areas. All land use categories are influenced by the availability oftransportation facilities. Chanhassen and the remainder of the southrrest area are served by an extensive roadway network and have con ven i ent access to a i rport facilities. Flying Cloud a i rport in Eden Prairie provides general aviation service for business customers and private recreational pilots. Planned improvements and improvements currently under constructionpromise to improve roadway access to Chanhassen. By L992, TH 5will operate as a four-lane facility from downtown Chanhassen toInterstate 494 to the east. The city is continuing to promote thefurther improvement of TH 5 from the downtown area, west to TH 41. By the end of the decade,IH 212 uhich has been in the planning stages since the 1950's will be in place providing freeway accessthrough the south and central portion of the city continuing eastward to connections with 494 and the Crosstown highway. Roadway segments in the northern part of Chanhassen are also scheduled for major improvement. TH 7 which traverses the northern border is scheduled for gradual improvements over the next 5 to l0years. By 1992, Town Line Road which folloxs the EdenPrairie/l.linnetonka border as an extension of the Crosstown highwayis scheduled 'for total reconstruction as a four lane, majorcollector street. Although this rill not be a high-speed roadway,'it will prov i de d i rect access to the Cros s town and shou l d alleviate some congestion on TH 5 and TH 7. Another component of the southxest metropol itan area' s ground transportation system is I ight rai I transit (LRT) . Although LRTplans are still being formulated, the southwestern corridor bisectsthe southern portion of Chanhassen. If developed, the Iocation of LRT may promote development in an area of Chanhassen that isrelativelJ undeveloped. 10 ( 5/e0 ) Future Land Use Plan Future land use needs are dependent upon a yast number ofvariables. Residential growth and the number of acres consumed by housing depends upon the mix of <levelopment types, the availabilityof financing, and a suitable employment and commercial servicebase. Commercial and industrial activities depend upon landavailability, transportation access, labor force, competition fromother communities and defined market areas. Al I categories ofgrohrth are responsive to major economic trends. RESIDENTIAL DEVEL()PMENT Chanhassen has been add i ng residential units at ansince 1974, Development has included single familyduplexes, tolrnhouses, quads and apartment units. Future forecasts of housing wiI I hinge on the type of unitsproposed. Attached units consume less land than detached units.Therefore, assumptions rtere made regarding future housing stockcomposition. In 1970, 842 of the Chanhassen housing stockconsisted of single family units. By 1980, this figure dropped to74X with the introduction of higher density housing types.Residential development during the 1980's contained a highpercentage of single family detached units. By the end of 1989,791 ot Chanhassen's overall housing supply consisted of single fami ly detached units. i ncreas ing rate detached un i ts, PR()JECTED RESIDENTIAL MIX l,larket conditions constitute one of the strongest individualinfluences on housing type. Energy costs, financing costs, materi al costs, I and pr i ces and inflation have signif i cant impactson buyer preferences. In order to forecast a reasonable futurehousing composition, density classifications must be defined. Since housing types are difficult to forecast, the Chanhassen landuse plan will focus on density rather than specifying housingtypes. This is intended to provide flexibility in the developmentprocess to accommodate changes in housing styles. Four residential density categories are used in the ComprehensivePlan. RESIDENTIAL-LARGE LOT ( R.LLIffiE-Devel opments within this cate 90rylot estates or rural agr i cu l tura l ly-oriented dwel I ings. For future I and use pro jectio n purposes r anaverage gross density of 2.5 acres per unit xill be used.Large-lot residential is presently found generally south of Lyman Bou levard.Other areas of large- I ot residential exist north of TH5 along Lake Lucy Road and south of TH 5, east of Galpin Bouleyard.ll Large-lot residential developments are subject to a minimum lotsize of 2.5 acres xith an overall density limitation of one unitper ten acres. tlew large-lot resiclential subdivisions prol iferatedin 1987 immediately prior to enactment of a one unit per ten acredensity limitation in the zoning code. Due to the current densityrestriction, major expansions of the R-LL use category are notexpected. Future growth in this category will be satisfied by the supply of yacant I ots in existing subdivisions. detached housing. Net densities within this category range fromto 4.0 units per acre with an average net figure of 2.5 unitsacre. For projection of land demand, an ayerage gross density 1.7 dwel I ing units per acre will be used in this pl an. t.2 per of RES I DENT I AL- LOI.I DEI'IS I TY R-L wl h ln e res I en a 0w RES I DENT I AL.I.tED I UI.I DEI{S I TY R- t4 s n en e o ac c 0mmo a e mu - The predominate type of development dens i ty category is single-family - The medium densitJ des ignationtiple units incl uding duplexes, townhouses and lower dens ity apartments. A net density range of4.0 - 8.0 units per acre is covered by this category with an expected average net density of 6.0 units per acre. For projection purposes, an average gross density of 4.6 dwelling units per acreis used for this class ification. RESIDENTIAL-HIGH DENSITY - The high density category which incl udes ffi net density of 16.0 units per acre accommodates apartments and higher dens ity condominium units. llithin this categorJ, an ayerage gross density of 8.0 units per acre has been u sed for proj ect i on purposes. Single-family housing has historically been the mainstay of Chanhassen's housing stock. The percentage of single-family units compared to the entire housing base has been reasonably stable over the past 20 years. Chanhassen's adopted goals and policies calI for a diversity o hous i ng types and styles. yhile providing this diversitJ, the Cit has also established a policy of being primarily a low densit community, cons isting primarily of s ingle-family homes. In supporof this pol icy, Chanhassen's 1980 comprehensive plan adopted t J .vt a v s des i red hresult in residenti assumptio ous i ng mix for 2000. This stated mix should eventual I the al Iocation of approximately 752 of the community'al land into the low density classification. This mix n al so forms the basis for land consumpt i on forecasts. tz (s/e0) Residential Res ident i a l Residential Residential - Large Lot (R-LL- Low Density (R-- i,led i um 0ensity- High Density (R ) L) ( R-r,r) -H) 1X 65U 28% 6X Gross land needs for 2000, 2005 and 2010 can be calculatedutilizing the defined unit mixes and density c h a r a c t e r i s t i c s . Land consumpt i on forecasts have been prepared for each of the three hous i ng unit proj ect i on s identif ied be I ow. A deta i I ed rev iew of the land consumption methodologJ is found in the Land Use Appendix. I99O . 2()I() HOUSIIIG UNIT PR()JECTIONS Basis 2000 2005 2010 IH ?12 4.75-5.52 6.0x 4 4 4 ,074 5,454,3?g 6,933,458 7,983 6 9 10 , 481 t{A ,06? 11 ,843,683 14,297 Consistent with the information presented in the Population, Employment and Household section, this plan will present information on aIl three of the householct projections but will emphasize the 4.75-5.52 projections for planning purposesr By appl y i ng the anticipated mix percentages and aYerage densities to proj ected hous i ng unit growth, the following residential l and demand is anticipated. This f igure i nc I udes a 502 oYerage in tota l land to account for market flexibi l ity, large wetland areas and future community park growth I99O - 2()()O RESIOEI{TIAL LAI{D DEI4AND TH 2r2 4.75-5.5 6.0 Iype ACres Acres Acres Residential Residential Residential Residential - Large Lot (R-LL- Low Dens i ty (R-- l,ledium Density- High 0ensity (R T() TAL ) L) ( R-r{) -H) 63 792 126 l5 -96 117 149 3 239 39 -rEE-6 158 ?02? 323 4t-z144 13 2()OO AND 2OO5 HOUSING UNIT ',IIX LAI{D CONSUMPTION F()RECAST 1990 Basis (s/90) 2O()O.2OO5 RESIDENTIAL LAND DEMANt) Basis IH 2t2 4.75-5.5 6.0 rvpe Residential - Residential - Residential - Residential - Acres Acres Acres Large Lot (R-LL Lo}l Dens i tJ ( R- l,led i um 0ens i ty High Density (R TOTAL ) L) ( R-n) -H) 95 l22L 195 24-T535 t22 1548 246 30-T946 2005 2OTO RESIDENTIAL LAND DEMAND Basis TH 2L2 4.75-5.5 6.0---E Residential Residential Resident ial Residential Acres Acres Aales - Large Lot (R-LL- Low Density (R-- l{ed i um 0ens ity- High Density (R TOTA L ) L) ( R-r,r) -H) liA NA ilA itA-fiT- t26 1595 254 32afr 1990 2O1O COI'IPOSITE RESIDENTIAL LAND DEI,IAI{D Basis rH 2L2 4.75-5.5 6.0 TYPE Residential - Residential - Residential - (1990 - 2000)(lee0 - 200s)(lee0 - 2010) 996 1736 llA 1888 3423 5430 ?544 4490 7095 Acres Acres Acres Note: RESIDENTIAL LAND DEMAND Chanhassen presently has a 4,438 acre supply of vacant Iand. Projections shown above that exceedthis total will not be ful ly atta i ned and are shownfor informational purposes only. Partia l attainment of these total s is feasible if parcel s classified as undevelopable are proven to be developable. Based upon the three sources of housing unit projections, Chanhassen will need an additional 996 to 2,544 acres of I and to accommodate residential groxth by the year 2000. By 2005' 1,736 to 4,490 acres of additional land will be needed. 45 588 95 t2 -7an L62 207 3 330 40zT5 0n January 1, 1990, the City of Chanhassen estimated that the total vacant residential land nithin the existing ilUSA Iine was 754 acres. This supply is insufficient to accomnodate the City's 2000, 14 ( s/e0 ) 2005 and 2010 projected residential growth , regardl ess of thehousehold projection scenario utilized. The shortfall inresidential land ranges fron ?42 acres to 1,790 acres for the timeperiod up to 2000, from 982 acres to 3,736 acres from 1990 -2005 and 4,942 acres by 2010. If even the most conserv at i ve of these residential estimates accepted, expansion of the IIUSA line prior to 2000 will necessary to accommodate future residential growth. The cha below graphically illustrates the remaining supply of residenti I and under each of the th ree scenarios. Depletion of Residential Land Supply TH 2r2 flS ciry ({.75-5.5) Cny (6.0) COMMERC I AL Commercial development comprises only a small portion of thecurrently developed land within the City of Chanhassen. In 1989, 114 acres of commercial land existed within the sewered portion ofthe community. This accounted for approximately 21 of the landwithin the HUSA line. Commerc ial groL,th in Chanhassen has historical ly lagge<t behindpopulation growth. The City establ ished a tax increment districtin the downtown area in the mid-1970's to enhance commercial development. In 1988, the City completed a project to upgrade maj or portions of the Iocal street network support i ng the downtownarea. Extensive landscaping improvements accompanied the street proj ect . Development of additional commercial space began to escalate in 1987 and 1988. A retail strip center was built and apartmentunits, a second bank, a hotel and a second shopping center arecurrently under con struct i on. Construction is about to begin onadditional reta i I business and serv ice establ ishments. is bert al l5 (s/e0) Commercial deyelopment in Chanhassen can be categorized in one offour general types. Categories inc lude non-sewered commercial, downtown commercial, neighborhood commercial and large scale user commerc i al . Each of these types of devel opment are addressed separately as fol I ows: l{on-sewered Commerc i al Non-sewered commercial developments exist along Chanhassen,ssouthern border adjacent to TH L69 12L2. Uses in this area general ly have a highway orientat ion such as gas stations, motel s,etc. Exi sting bus inesses are considered'grandfathered uses' underthe present zoning ord i nance. Expansion of commercial businesses in this area presents two majorissues, environmental concerns and highway access. Because of thelack of available sanitarJ sewer and major circulation problems inthe area, this comprehensive plan acknowledges the existence ofthese uses, however, adopted policies d i scou rage their expans i on and encourage their eventual removal. 0owntown Commercial The majority of Chanhassen's recent commercial development hasoccurred in the downtown area. Land use plans and zoningrequirements for the district establ ish various types of commercial areas , establish offi ce areas and prov i de opportunities for a rangeof commercial goods and services. Dor{ntown businesses emphasizeintensive commercial uses that provide high employment leyels. Vacant, developable Iand still exists in the downtown area. llostremaining parcels are smal ler tracts of Iand suitable for freestand i ng bus i nes s entities. ileighborhood Commercial Neighborhood commercial developments exist in the northern sectionof Chanhassen and immediately south of the downtown area. Neighborhood commercial uses involve convenience grocery stores,day care facilities, etc. In the future, neighborhood commercial areas are expected to expand commensurate xith the development of new res idential neighborhoods, particularly those that are removed from the downtown commercial core. Large Scale Commercial At the present time, Chanhassen's vacant commercial land supply can accommodate Iimited large scale commercial users. Such users may include mid-size shopping centers and larger freestanding specialtJstores. As Chanhassen's population continues to grow, requests 16 (s/e0) for locations for such uses are expected to increase. users can be accommodated through an expansion of the boundaries and correspond i ng zon i ng modifications. Large scaleexisting tIUSA Commercial Land Demand Quantifying estimates of Chanhassen's commercial land demand is adifficult task due to a lack of historical data. In projecting future commercial land requirements, two major factors need to beconsidered. First, Chanhassen's supply of land in the downtownarea is sufficient to permit continued expansion of central business district land uses. It is limited in its ability to accommodate the development of Iarge retail centers The second item of importance relates to large-scale users. At thepresent time, Chanhassen has a l imited supply of commerciaI sitessuitable for l arger scal e users. The mar ket is currently exert i ng some pressure for the establishment of sites that are appropriatefor larger scale operat ions. This pressure wi I I continue to esca I ate over the next 10 to l5 years. Chanhassen currently has a supply of 113 acres of yacant commercial land within the present l,lUSA line. This supply, most of which islocated within the downtown area or in close proximity to the downtown area is adequate to accommodate Chanhassen's growth through 1995. After 1995, commerc ial Iand demand in Chanhassen isnore difficult to predict. If the economy remains strong andhousing starts remain at or near current levels, the demand for commercial property and particularly demand by larger scale users may intensify. The completion of TB ?L? to TH l0l which is scheduled for completion by 1997 wi lI also contribute to commercial demand. This comprehensive plan recognizes the need for commercial expansion in the future. That expansion needs to be programmedconsistent with the City's long-standing goal of developing the downtown area as the primary commercial focus. The future Iand useelement of the comprehensive plan needs to accommodate the'germination' of the downtown area while accommodating future large -sca le commerc i al users. INt)USTRIAL Chanhassen's industrial growth began in earnest in 1980. From 1980to 1989, the City exper i enced s ignificant in<lustrial expansion. From 1980 to 1989, the city estimates that total emploJment grew from 1,300 to 4,500. In 1987 and 1988, a total of over 150 acresof industrial property was absorbed. t7 (s/90) As of January l, 1990, Chanhassen had 113 acres ofindustrial land with i n the existing }IUSA line. 0f this pl anned expans ions of existing businesses accounts for 45 resu lting in an actual net supply of 68 acres. At currentof development, this represents a one year supply. sulrlrARY 0F LAilD usE REQUIREI|EilTS FUTURE TATIO USE PLA}I - ALLOCATIOTI OF USES Similar to Chanhassen's commercial situat.ion, future industrialland is difficult to quantify since the city's growth is a veryrecent phenomena. It. is .cl e_ar,. -h.owever, that the existing supplyis.inad-equate. In order to facilitate bilanced industrial-groivttr,this plan recommends that an additiona l supply of 500 aCres bidesignated on the future land use plan. This rill increase thetotal avai I abl e supply of vacant industrial I and to approximately 550 acres. vacant tota I , acreslevels Chanhassen has had a Iong-standing pol icy of supporting a balancedblend of land uses throughout the community. Industrial areas and employment centers are important components of this blencl . If this ba I ance is to be maintained in the future, additional industrial I and will be requ i red. Since the supp ly of vacant industrial I andwithin the iIUSA Iine is l imited to 68 acres, additional industrial I and can oniy be created through the expans ion of the urban servicearea. The previous narrative focused on the residential, commercial andindustrial components of Chanhassen's land use and independently concluded that each wil I require expansion to serve the community,ineeds prior to 2000. Expansion in each of these categories canonly be accompl ished through the modification of the preslnt I im.itsof the l,lUSA I ine. According to the projections cited in thissection, a total of almost 2,600 acres of land will need to be added to the l,lUSA l ine prior to 2000. The previous sections have discussed growth in three basiccategories: residential, commercial and industrial. Parks andpublic facilities are discussed in other sections of this document. The 2000 Land Use Plan graphical ly dep i cts the proposed alIocationof future land uses in the City of Chanhassen. In general, theplan portrays a pattern which builds upon the land use designationsfound in the 1980 Comprehensive Plan. The fol lowing is a brief overv iew of the 2000 Land Use pl an. 18 areas, coup I ed l{ith the existing yacant residential supply of 754acres results in a tota l of I,720 acres . Based on Chanhassen,sprojection of household grorrth, the community will need 1,436 acresof residential land to accommodate groL,th by 2000. tn preparingprojections, the City and the l,letropol itan Council typicallyutilize a 50U overage of land demand (1.5 multiplier) to accommodate market trends. Utilizing the 1.5 multiplier, Chanhassen's 2000 residential land requirement is 2,154 acres. Thetotal quantity of residential land identified on the 2000 Land UsePlan is limited to a ?02 overage. If the City's growth projections are correct, additional land may need to be added to the l,lUSA line toward the end of the 1990's. (s/e0) RESI t)ENTI AL:The future land use pl an des i gnates an additional 966acres tor stng Ie-family and multi-family residential uses. These The proposed pattern of residential development is an extension ofthe recommendations contained in the 1980 comprehensive plan. Major expans ion areas incl ude I and north of TH 5 and west of LakeLucy and Lake Ann. Additional expansion areas occur south of TH5, both east and rrest of Galpin Boulevard and in areas along LymanBoulevard in the south central portion of the community. lledium and high dens i ty residential areas are I ocatedproximity to major transportation faci l ities andservices. The 2000 Land Use Plan does not call for theof the large-lot residential areas outside of developments. in close commun i ty expansion existing Co|tMERCIAL: Commercial areas are concentrated near the downtownareil Tn-Th e southern port i on of the proposed intersection of TH?LZ and TH 101, the plan calls for mixed commercial which bydefinition may also include high rlensity housing. Commercial inthis area is likely to have a highway orientation. As nell neighborhood - areas are deve l oped, additional neighborhood commerc i a I centers are anticipated. 0FFICET Yarious types of office uses are accommodated in theEimEiti al and industrial future land use categories. The plan des ignates two Iocations along TH 5 as 'pure' office developments. These sites which total approximately 44 acres were designated inthis manner in response to spec i f ic site characteristics includingtransportation access, topography and proximity to existing andplanned residential areas. l.tlXED USE: The plan desi gnates areas around the proposed TH 101/THZl2 Tnterchange as mixed use. This category has been establishedto accommodate either commercial or high density residential devel opments . 19 (s/e0) I NDUSTRIAL: The Existing Land Use section of this pl an identified TmT-T[e fTty of Chaska has industrial areas that lie immediately adjacent to portions of Chanhassen's southr{estern border. This area and the existing Chanhassen Lakes Bus i nes s Park form the end po i nts of Chanhassen's p I anned industrial expansion. The central port i on of this area conta i n s a mix of res idential uses partial lyin response to existing res idential areas and partial ly due tonatural features and their abi I ity to separate potential lyincompatible land uses. The 2000 Land Use Plan adds approximately 500 acres of nelrindustrial I and. This amount coupled wi th the existing supplycreates a tota l of approximately 550 acres. RECREATI0N: The 2000 Land Use Plan identifies major park expansfons and primary trai I corridors. The recreation section should be consulted for add i tional mater i a l on the expans i on ofparks and the provision of neH park facilities. 1995 STUDY AREAS: The future land use plan contains two areas TTsTeA-a;-T995--Study Area'. These areas have been designated toallow further, more detailed review of appropriate Iand uses andthe phasing of transportation facilities and utilities to service these areas. 20 Land Use Appendix LAXo US E. TOTAL TAI AREAS I 5/90 DEVELOP AtID Y ACAIIT L A}ID Ttl rtF:T 539-2 540-t 540-2 510-3 540-4 510-5 540-6 5a0-7 5{0-8 5t0-9 5a0-105{0-ll 510-l2 510-l3 540-14 540-15 5{0-16 540-17 5t0-18 5a0-19 540-20 5{0-21 540-22 5r0-?3 540-24 5{0-25 510-265al-t 511-25{t-3 517-I 848-l 852-1 IOTAL ARE A 129l 883 160 197 3{3 837l 356 156 340 208 226tl5 209 5{ I 139 510 t28 '312 231 3r9 ,3 202 6{ 165 247 {56 1122 628 88' 781 16 80 I ?5 t3 58 ll 26 r 8, 23 60 l0 25 3 16 TT 2l ll lrl 34 60 29 -Tr{ rI7 1r3 187 286 -rt3 _-? 3483 -T'T 205 5f-T55 t2 l6 c0l t IilD PARX PUB ylA-rT 106 UTIOEVEL()PABLE 123 79 1 { 19 l0 l0 495 6 3 24 7 20 26 308tt2 218 105 t?u 199 t7t2llll 8tla 3l 24 36u 15 t 04 1 99 5 36 t8 a2 r0 22 l5 28 4 5 20 l1 87 198 12 l0 30 58 127 t5 3 35 7 186 ll0 153rll 14 l8 28 54 255 l9 l1 4 93 13 -l {0 r01 34 6 a I25 12 5 66 133 59 122 320 202 It t2 21 60 32 2t 29 2l 9 r60 58Ilt 19 9 279 20 191 690 59 41 tt 3 15 15 32 30 100 7tt 223 t12 25ll 3l 52 2t 6I TOTAL 13,0J5 3857 52 151 3e6 t225 1660 1402 325 168 5J 5 219 1799 t246 179 38 9 5 3l8 106 102 228 18 I I I I I I r I I I I I I I I l I I I L {0 USE - IISI DE tr t sT l]16 rsl l t 5 /90 ()EVE LOPE O LATIO V ACA NI LAIIt) TOTAL ARET UXOEVTL()PABLE 615lr6 160 197 343 83 77 355 156 3r0,:, 120 ri. 339 98 - 1r0 73 202 6l 155 l0 30 t05 t 01 23 60 1l 79 TAIrt9:T 82 30 I539-2 t 08 3 5 t6540-l 510-2 510-l 540-1 540-5 540-6 510-7 5t0-8 510-9 5r0-10540-ll 510 - 12 510 - 13 5t0-11 540-t5 540-16 5t0-17 510 - 18 5{0-19 540-20 540-21 540-22 510-23 5t0-21 113 187 286 308 112 218 86 a l9 10 ?1 36I 2 2 12 6 5 6 60 32 3 133 t5 55 I 3 ?a 1 l0 t9 30 9 5 2t 20 26 115 ?5 13 58 It L2 1l 3 19l 19 21 It 65 18 69 NJ 26 66 5l 31 66 9 3 t6 2l 29 21 31 25 l7 6 I l2 5 7 28 il 5 20 30 510 - 510 - 541- 541- 51 1-5tr- 8t8- 852- 25 26 I 2 3 I I t 2at 1r8 58 76 80 I 9 111 t5 32 3 75 59 11 ll 31 6 8 T()TAL Tt5 - ltltrrrlllttttlttt, LIIID USE - IXSIDE ETPAIIDEO IIUSI AREA 5/90 PED LATIO AN]AtID UNDEVETOPAELETltrtt':T 539-2 540-l 540-2 T(,TAL ANEA----tr- 54 54 54 54 51 5l 54 5{ 5{ 54 5l 5t 5l 54 54 54 54 54 54 5a 0-3 0-{ 0-5 0-6 0-7 0-8 0-9 0-10 0-11 0-12 0-130-lI 0-l5 0-16 0-17 0-18 0-t9 0-20 0-2t 0 -22 0-23 0-24 0-25 0-26l-l l-2 t-3 t -l 8-l2-l 2?6 5l 89 54I 25 17t 3t2tl9 312 2t1lt9 58 121 15 0 38l2t a 20 t2 81 57 3 l8 35 95 54 93 3 l5 6 5 54 5{ 54 51 5{ 51 5a 179 71 1l 99 22 t5 153lll t06 36 228 l8 3 21 37 36 18 22 8 1 6t{t3' 28 t0I 60 29 187 t0 t553 ll 3 72 t6 8 I5 60 54 84 85 T()TAL ZEbU {6J 16/ Ll I Eb4 toz 55 422 tqv L4t zB4 trttlllllllllllllll Lril0 usE - 0 uTst0E lLL iusr AREI 5/90 DEVE ()P TAIrJq:r 539-2 5{0-1 540-2 510 -3 5a0-a 5t0-s 540-6 540-7 540-8 5t0-9 540-105{0-ll 540-12 540-13510-r{ 540-15 540-16 5{0-17 540-18 540-19 510-20 5{0-21 5,0 -22 540-235{0-2{ 5{0-25 540-26 511- l5tl-2 511-3 5ar-1 8{8-1 852-1 TOT At ARE A--6T7 UTIOEVET()PABLE-----r- 1 719 r!348 205 l9l 7t4 223 1{2 25 198 72 62 27 106 255 73 49 3 I 6 1t 98 5 2 1l l30t 628 88',:, 319 320 202 Ill l9 9 219 69020 T()TAL 54UI uv/L65 551IJJ{t0 L Jtb 54 Iq A EDcB F IIl!ifI I I t: rIt- l: -r-t- I \ -t'--):l ---r 4 5 I I I I I -1 I I I I CIrY OF G}UI'TIAS5ET.'trrat TRAFFIC ASSIGNMENT. ZONES Sub-Arat Boundrirs Er.r Erl3tlng USA Llnc o o o Proporcd HUSA Lln6 -iEt:fflSDmEa -tE ,8. ra. 'I l I , 7 539-1 540-0I :l o:- a aII G.r3 itl rt Or sle-ra>\ Iaa.t a -i510-22 a a IaIt I I + *7-1 I I It Igi: A5 2 3 I t: ! ti II I 6 I I I 541:1 i i :l .'ad :,.,-) The I and consumption forecas ts conta i ned in the I and use section of the 1990 Comprehensive Plan are based on a methodology that was developed uhen the 1980 Comprehensive Plan was prepared. In general, the methodology involves the fol lowing: l. Residential Iand uses were categorized into one of four c I a s s i f i c a t i o n s : l) Residential - Large Lot' -2)Residential - Low 'Density, 3) Residential - Hedium Density and 4) Residential - High Density. 2. A des ired mix of hous ing types was identif ied. 0n a I and use bas is, the C'ity of Chanhassen identified a goal of having 757 of it's land committed to low density res idintial uses. Because of density variations' the following mix of units is expected to result in the future attainment of this goal. RESIOEIITIAT LAIID COIISUI{PTIOII IIETHOOOLOGY A. Residential - Large Lot 11 B. Residential - Low Density 652 C. Residential - l,ledium Density 28, D. Residential - High Dens'ity 6X Res idential - Large Lot 3 acres/unit Res ident i al - Low Dens i ty 1,7 units/acre .Res idential - l,ledium Density 4.6 units/acre Residential - Hiqh Dens i ty - 8.0 un i ts /acre 3.Average densities were calculated for each res idential c'lassif ication based on actual development proposals approved in recent years. The following aYerage gross densities were used: A B c D Land consumption forecasts were prepared based on each of the three sets of household growth proiections found in the Population,. Households and Employment iection of this Plan. The projected res idential mix vis appl ied to the anticipated household growth totals resulting in a 6ieakdown of the number of antlcipated units under each of Ihe classifications shown in item rl above. The number of units in each c'l assification was divided by the aYerage gross densities identified in item l3 above. This resulted in a[otal acreage requirement for each of the residential classifications. A6 In Chanhassen's 1980 Comprehensive P1an, calculated acreage requirements were multipl ied by 1.5 to account for marketflexibility and the possibility that large property oI{ners may not have a current or near term interest in developing parcels for urban uses. This method of providing an adequate supply of vacant Iand which is used again in this plan is consistent with the l,letropol itan Council's use of a f iveyear excess of land oyer a ten y ear p lann i ng per i od. A7 CITY OF I4JAPLEWOOD ORDINANCE CONCERNING TREE PRESERVATION r.-v- r .-r, ORDIIIA}ICE NO. 653 t AY07 1993 AN ORDINANCE AI'IENDTNG THE ENVIRONIIIENTAL PROTECTION ORDINANCE CITY Ot Cxlrrt.^-.lr.n THE litAPLEwooD CITY COIJNCIL HEREBY ORDAINS the following revisions to chapter 9, Article Ix of the City code--Environmental Protection Ordinance : section 1. sections 9-187 through 9-193 (1) are anended as follot s: section 9-187. applicabillty. (a) This article shall aPply to any Person or use that would alter a significant natural feature. (b) Public and seml-public projects, such as streets, utiLities and parks, whether built by a public agency or private developer, shall be subject to this article; excePt that, the city council may waive these requirenents where there r.rould be a greater public need for the project than to neet the requirenents of this article. A Public hearing shaLl be held before declaring such a waiver. The property owners within 350 feet of the site shalL be notified at least 10 days before the hearing Section 9-188. Definitions. Bluffline: A line delineating a top of a slope with dlrect drainage to a protected water, connecting the points at which the slope becornes less than eighteen (18) percent. (More than one bluffline nay be encountered Proceeding landlrard fron a protected water. ) criticaL area: The Mississippi River Corridor Area bounded by carver Avenue, I-494 and the city linits. Direct drainage: Drainage into a protected uater without an intervening pond or wetland. Drip line: The farthest distance around and alray froD the trunk of a tree that rain or deu rrill fal1 directly to the ground fror0 the leaves or branches of that tree. Erosion: The general process by uhich soils are removed by flowing surface or subsurface rrater or wind. Gross soil loss: The average annual total amount of soilrnaterial carried fron one acre of land by erosion. Large tree: Any healthy tree that has a trunk diaDeter, fourfeet above the ground of at Least 8 inches, other than a box e1der, cottonwood, poplar, or any other undesirable tree, as deternined by the Cirector of Connunity Developrnent. C I d :iffi :1";:,*:, "::*ls:i"$,ii::-ii:1it[:];iil:iffi ,3i'"1"=tIli"ll"""ving' riquids' gases" se$age or '.Iiiil"it6;- 5ne foint to another' l:::: "Hi lStil' u"l i'"1:' il ;i*:::t "3': ;"'J: )' :':* :'"=' iosliz, -subdivision 1e ' Retaining wa}l: - A structure utilized to hold a s)'ope in a position which it ";;i;-;;i-"iiuiar'rv renain in' Sediment: susPended matter carried by water' sewage or other liquids. Sicrnificant natura] feature: a significant water body' Iarge :''3il"i.:il;i::i':';iild'"."::';iih'i;"='::"::':i'i:"i"ti" State. Siqnificant sloPe: o.id" over an area 6ottom) and 500 fee l3::[' ], ;' ;E3."', "' i "n"E'.i' ?t"3"1"= " ii-"iau (side to side) ' Siqnificant uater body: A water body -shot'n on the city Driinage Pran or t "Ii"t 'uolv-o"t o-ne acre in area' ?l3fl'in"'13'i::li:i;':3*i:,t1""::::iilu"ll'l'i"i"":: li:u length to tbe heignc' structure: Anything manufacturedl-!?l?tt""ted or erected which is nornally uit.!ii.a-i" or positioned on land' iiili"ai"s Portable structures' substation:Anyutilitystructure,otherthanlines,ilp"ii""t, Poles or towers' Terrace: A relatively leve1 area bordered on one or more :;a;-;Y a retainins war)" ut i I itv : T ]."1' i :.'31 J#31.1i'33ii3n;.!t3l"rl3'3I' 3 iit i"' rrater, sanitarY ano service oPerations ' Veqetation: AIl plant growth ' especially trees' shrubs ' rooises or grasses ' waterbody:Anyfake,streaD,Pond,Uetlandorriver. Wetland:Anyland.whichisseasonab}yl,etorflooded,including alt rnarsnl'ji-i"i=,-ir"nps or floodplains' woodlot: A treed area of at least one-half acre of which at A att t least 25* of the area includes large trees. Section 9-189. Effect on densitY. The city may reduce the naxinum allowed density on that part only of the development that has a significant natural feature, Lrhere such reduction would save all. or part of a significant natural feature. HohIever, regardless of the requirements in this artlcle, the naxinum allorred density shill not be reduced befoht 57t of dwellings. The rniniroun lot size shaLl not be increased above 15,000 square feet for single dwelling.s Any required density reduction or increase in 1ot sj.ze nust save a significant natural feature. The city council rnay required the clustering of dwellings in the forln of torrn-houses, quads, apartnents or sinilar uses, where it is necessary to preserve significant natural features. DIVISION 2. ADMINISTRATION Section 9-190. Tree plan required. A tree plan shall be r would result in the 10rroodlot. This pl.an sh the sizes and species trees are to be renove tree plan and on the sactivity near a largegrading lirnits shal1 n trees to be preserved the plan to a tree exPshall be paid for by t red r.rith any city appl ication which f large trees or all or part of a show the existing woodlot, identify ny large trees and indicate which equlsso all ofa d. ite, treeoteinterthed The applicthe linitor woodlo antsott shalf show on thef proposed grading o be 'preserved. These ncroach upon the drip-lines of the he woodlot. city Staff nay subnit for a recomrnendation. Any costs eveloper. Section 9-191. Woodlot alteration permit. (a) A woodlot alteration application shall be subnitted to the Director of community Development for any aLteration of a woodlot that is not reviewed in aother application. The applicant shall subnit a tree Pfan and any other inforrnation needed to deternine conpliance with this articfe. Specific rfequirenents sha11 be stated on an application form in the office of the Director of Comm,unity Developnent. An application fee shatl be established by the City Council by resolution fron tine-to-tine. (b) The Director of comnunity DevelopDent may aPprove a woodlot alteration per:nit which conplies rith this articLe. The Directorrs decision nay be appealed to the City Councilin writing by any effected party within ten days of the Directorrs written decision. Section 9-t92. Conditions of Approval. ( L The city may require conditions of aPproval to insure conptiance with this article. DIVISION 3. APPROVAL STANDARDS Section 9-193. APproval standards. Any request to alter a significant natural feature must meet the following standards: (1) General Standards. a. A11 plans and the conduct of all grading, landscaping, structure placenent, and street routing sha1l b! c6nsistent uith the Cityts cornprehensive Plan, and for develoPment in the Hississippi River corridor critical Area' the Mapler,rood Critical Area Plan' b. The proposed development shal'l not lessen existing public atcess to and along a protected uater' c. The proposed developrnent shall be designed, constructed and rnaintained to avoid causing: 1. Erosion2. Pollution, contarnination or siltation of water bodies or storn seuers. 3. Flooding.4. Ground lrater contarnination. 5. Alteration of significant natural features' d. DeveloPnent shall not substantially dirainish the scientS.ficl historical, educat.ions, recreational' or aesthetic value of unique natural areas, plants -dhd- anirnal.s, which are registered with the state as such, and shail not substanfiaffy alter their reproductive cycles . e. vier,rs of protected waters fron buildings or public streets shall not be inpaired by the placement of advertising signs. section 2. The current subsection 191 (5), nou 193 (5), is anended as foflovrs: (5) frees. a. Devefopment shall be designed to preserve large trees and woodlots, where such preservation would not effect the public irealth, safety or uelfare' The City mai prohiuit renoval of atl or a part of a woodlot-or laigi tree, subject to the tinitations in section 9- i89: In addition, nothing in this article shall G I\- i ---" ,A'1,prevent pu1:.!ing on an-existing Iot of record, provided :l:l_=::h_!!r]9i"s shall be deiisned ro save as nanyErees as possible. This decision shall be based on]but not linited to the following criteiia: 1. Size - 2. Species,including:health and attractlveness of the trees, ) sensitivity to disease.) life span. ) nuisance characteristics) sensitivity to site grading. (a (b (c (d 3. potential. for transplanting. 4. Need for thinning a woodLot. 5. Effect on the functioning of a developnent. 6. the public health, safety and wel.fare. P. ff large trees are cut, the density of trees shal1be restored to that uhich existed befoie aeve:.oprneni, - but in no case sha1l the applicant be reguired l"-iii."the density above ten (10)- Lrees per acrd, unless paitof a required planting screen. :.. ff any.large tree in a woodlot is cut, damaged orthe area within the.treers dripline has been en6roached :po"_Py grading equipnent. without city authorijaiionl--t!?.g+ty nay reguire planting of two iew trees. Inaddrtion, if the City deternines that a danaged treewill-probably not suivive, it shall be- reurov6d by thedeveloper. d. Any trees required to be planted shall be varied inspecies, sha1l naxinize the uie of sp.-i.= native-io -" the area, sha11 not include any =p"cies under diseaseepidemic and shal1 be hardy un&er'focii conaitions.Trees shall be at least 2 112 inches in diaraet; ;;"deciduous trees and ei.ght fiet tall foi coniferouitrees - i: -lll trees reguired. to- be planted shatl be replacedrJ En9y clre or appear to be dying wj.thin one yeai ofplanting by the person responiibie ioi-trre pti;ain;: f. Before any construction or grading takes p1ace,snowfencing or erosion control iencin6 sfra:.f ie-piiceaaround the borders of r,,roodtots or the-drilii";; ;;----large trees to be preserv:q-. , signs shiif'Ue piaceaalong this fence line prohibitini g..ding Uey'onJ itre I t fence 1ine. Section 3. DMSION 3.to DIVISION 4. UTILITIES AND STREETS is hereby renumbered Secs. 9-192 utilities and 9-193 streets are hereby renunberedto Secs. 9-194 and 9-195. There are no other revision tothese sections. section 4.publication.This ordinance shall take effect upon its passage and Passed by the City Council of theCity of Maplewood on the 23rd dayof 0ctober, 1989. Ayes - 5 Nays - 0 ll yor ATIEST: I ity Clerk !. I.ASTING WOODIANOS PPESEIITS:. A DozenVery Basic Things Which Developers and Builders Should Know in Order to Avoid KillingTrees (and o awid tlu lawsuirs td wt U rudrfia n lrllch Ailirrgs) -Thc roots arc rhe most important part of a uec.I 2. Trec roots rnzs, have oxygen(!) in order to function. Covcring roots with dirt or watcr caD deprivc roots ofvital oxygen supplies, cspecially roots ofoak trces. 3. The key feeder roots of most trees (especially of oak trees) are in the top 6- 12 in. of soil. The myth of "deep rooted trecs" is just that a myth. Even side roots from &e shortotap root" of an oak slant upward to get to oxygen and rain water. 4. The feeder roots of trees are mostly in a large, shallow disc that is 2-4 times the area covcred by the crowa. In olher words, thc roots usually extend far beyond the branches! 5. Grading dirt over the feeder roots of trees anywherc under their branches (and ofteo beyood) suffocates thc fceder roots and kills all or most of $e crown in l-3 ycars. 6. Grading dirt away from the root zone of trees removes their feeder roots and does grcat injury to the crown within l-3 years. lt kills the nearly invisible hair roots. 7. If you can see roots of a trce which you havc cut, you have already done considerable damage to lhe tree: it is lile seeing a pulsing aflcry in a flesh cut on a human. t. Compaction of soil under trces (especially by bulldozcrs working an arca, and by rcpeated parking of cars, pickups and trucks by construction people) is almost as deadly to trces as covering their roots with soil. The compaction deprivcs the hair roots of oxygen. 9. Building a protecting "Ece well" (c.9. a stone wall) around the tnrnk of a trec while covcring the surrounding area with dirt is a fool's project. It docs no Sood at all. 10. Trcnching to install utilities cuts a trce's roots. Multiple lrcnchcs can sever most of 8 trrc't roots. Remember, it is the roots of a uec, not its toP, which are most imPonant. I l. Changing grades so that temporary or Pcrmanenl ponding of water occurs usually rcsults in suffocation of all roots in the pond due to lack of oxygen, and thc trces die. 12. lVounding oak tnrnks and branchcs any time from early spring to tate summer usually results in oak witt infecting the trce in areas wherc oak witt discase crists. The infccti'on will usually spread through graftet root systems to the whole clump of oak trees surrounding the infeltcit nce. Bulldozers and "Bobcats" easily crcale wounds in oaks. lrqct D1 DolrrfA C. 7li!!cb, Attortcl a Laq Vitlcb I Doicb,20l Rittjcttood Awatc, Niaacapolit, l/ll. lt. Willcb t tU;ri ol ttv ,ti.r.rco Stuc goi iti i'bory Coa;itta.. llc b t Diiccot c! thc Acticaa iorctrl Anoriatiot--cad .! bti4 VioaUrA, lu. btiag lfdl!,.tlt, lac. i t ol..gtdtt cqporcion- Call Clvit Sica,, ?r.ridcrt' c otzltv'tt)o (Construction Damage Prevention:On-Site Strategies On this pagc wc lct dtt o tcrtet of stcps tlut arc csse llrlbl o collr;truaba $tc tcc prcscnation. TEsc stcps slould bcconu ar lategrd pan of tlu buidiag Ptoc.ss. U{orauwc$ (fonuutclyfor tsforcst-lovcrs!),cachds is difcrcru-aad gcrwucs irs otn qusiors pcruining o bdividtul tcc olcraaces. For q^nglc: WNch acc bloc*s tlodd &, uncd? How slnvtd trafic b dircctcd oa tlc siu? Thcsc qustbs oc bcst oswcrcd by o qulified Vrolcssioiil coasuhaat.tle lalp ol a cowtrlwtt $ut po;ys lorbci b;' lrprnt a fuildcr' s wludb ti,E orrd by hcrcasiig yryt, fu .' Ttcc arcscnelion ca,n Dc dcvcd cs t tour tlep Dtoccrt. Ecch ttcp tlptfutr bc latcarekil lalo ctcry lrdklieg 2mJccl, l. Ihvclop t lot pl.n thet plnpolnts trcc bloclr to bc prcscrvcd. Thc buildcr vho rays,'I'll try r, r8vc rs lDny EDcs rs I crn" will incviubly scc qre ttc drcr uothcr daruged or dcaroycd duc to 'rccidcnts" c'aiscomrnunicetions." Know whrt you uc trying to rccooplish rrd which mr blocls you wrnt to Drcserve bcfore any ponion of thc construction projcct bcgins. Thc cxpertisc of r consulunt is cspccially vrlruble duing this phrsa 2. Pertitiou ofl dcsignrtcd rrces rlth rnor fcaclng, tlegging, rnd altns. Block off thc arcrs liou rish to prescr,rc wirh lrow fencing rnd lhgging. Post rigns rhar stare thar rbcrE is ro bc no filling, scnpiog, or trurching of thc roil . rnd no &iving o partiog in rhese designarcd rrcas. Ttis oay rco smwhrt rcvcrr bur fu is thc only sure wry o let oonrrctors urd buyers lmwv thu you ur scriors $ort prcscrving thosc rccs. A ridc bcnefit of your cfrons is the posirivc imrge it wil projccq ir nys that yor rre aking cvcr5r prccaution o Dresavc !ars. 3. Erplicitly cornraunicetc lnstruc{ions lo cvcry conlrrdor on thc dtc. Nearly arcrSr buil&r se'w spokcn to voiccs orc common problcm: It'r funpossible to bc otr Orc sir ancry seorrd, rd il only ukcs one contractor ro miss thc rignds and &raage designarcd rcc blocks. Thcrc ut rwo wrys to oombat this pobleo. Coospicuous fencing urd signagc make rcccpublc mfic llow urd or-sir practiccs vcry clcar o cvcry oonEacb, cntcring rhe sila Sccond, if possiblc. trcc prcscnation pncrices shonld bc a *rinen component in the conraq with cach conmcror. orrcc rgain this recms tmwhat harsh bur it gocs r long wry owrrd gctting tlr desirtd results. ' f. Monitor the hcrlth rnd vlgor of trccs during rnd rfter construc{lon. Evcn the mos woodland-sensitivc construction crn plrcc gres undcr tocrc gEess, urd rhc cffccts of this sucss sonrtimcs ren'r rpparnt imnrdiaaly. Chock thc hcalth of prescrrred wcs pcriodically to makc nrlt thcy hrw mainuincd drcir vigor. S,ilthg lcrvcs is rhc first sign of conssuction damrgc. lf this ccun conuq r Ecc+rtt cr(pcn immcdiatcly. Oncc rgain, this is r great w.y to rnalc it clcrr to Gvcryone that 1ou lt rcrious rbout raving wcs. It is dso qrc stcp yor crn ulc o rvoid cosrrrtion drmagc lirbiliry. Thesc acps Ery toem lite thcy cnuil r lot of cxrr *alq but whcn you inrgrate tlrco into your rrgular building proccss,0rcy will bccomc r routinc pur of erch building projccr Tha'r whar wc'rc striving for: A rcturcrt of buil&rr for whom guc Ftravrrioncocs rs nennally rs 6arnin3 c rhcrthing. ? Gg,+-o6 o ga E BD Etla ( Nou : hch lwwc isstu oI lZttitt-Yglldt iiill citauin u stick i@ tno-mra$hly bclops tllc stcps and idces cqrcsscd ia this piecc. lt you luvc a$l ernssiou abou cottnrction danugc. plcasc call Clvbdan Sicns at 139-3356. We con [b* yoy tp wirh protcssioruIs ilan coa ltlp you .Tlan's wlut ant acnnrl Ls for! ( Stra ht TelkConstruction Dema e Llebilit bt Dstald Arurry rd Conrb rLl?,dr DirBr of Ur AagirnFresy ArsebEot Dcuclopas lrd contnctors frcc r porcntirlly cipensivc problco lf thcy disegard lbc d'Elrge yf,ich can ecur when boms-rre built on woded lots. Oficn nonsuspccting Docbuycrs purchase r acwly omstructcd booc on r lot conuining whl rypcrr o bc tergc. h"aIhy Eccs. Tbcn, to thcir dismay, tr r lcrr u two romc of thc Eecc rtr r ro 3how dgns of disicss: bnnches dic, rnd roritimcs-whole tccs coUrpsc in oid'sarson. The hoocourcrs' frsl iqutsc ir b nlt o thcir city fscstcr 6 to crll somc occ catc oomPuty. Fmro such lcc erpcns thcy Sg tte Drd ncrs: -'Yorr gtc rots rac buricd with ncw frll, end drcrecs ge gm"" fDc srodrd rcasiqr of thcsc hocorncc L ftsr o gct rcry rrrgry u thc buildcr uho oE them thc hooc q did thc coostnrction, ud ticn o !o ottt, tet I le*]cr rd $te. Uability of buildas to homm,ncrs for ucc loss is brscd upon sc*ral drccics. (l) Thar the buildct Lnew or EhouW lrrn,. tttottn thlt dararge would ttsult o thc uecs Fcm consrucdqr rctivi6es but rccd ncglitcntly. It is ao &fcnsc that dtc buildcrs did not in fsct lnow. Gcneral Motors wu ruppoicd to lnow thrt Oqvrirs could blow up. Building cars is is business, utd it is oppeiid o tnow bow to dorlicpbrighr (2) That the buildcr tncw of thi danrge c potentid damagc utd did not all the oonsuspccting buycrs. I}is is. o usc 6e unPtctsant lcgd taa simply'fiaud." i3) Tiat -thc builder brcrchcd thc conuact bc q rhc hrd with drc hoocowners, cirha rd build the booe poperly, or o scll theo rn drcady consruccd bocrc with what eoocared ro bc hcalhv mts on tE DtDDenv. (4) Tlar Oc Uur' 'Ua vioUrai cti'rsuim pmocdoo hws in rclling rhe homowncrs a defcctivc product, or'boodvinlcd" the honcowrcn by ncglecting to tcll theo thlt the smducr had r laant dcfcq that rould onlv thow ul I r lur date.' Uability of the buitdcr (on urf of Orc ibovc.counls) cqn bc quire-ex-pcnsivc. Scvcrat buiEcrt havc had to ply suos'cqud o 0tc price of the lot on which thc home lood. Soure of thc buildcn bavt bccn $Ic o bring in cxcrvating contnaus rrd mrke rhco rhare rcrr of dre liability, but it is niI 0rc buildcr'l primary rcsponsibility o tnow how ro -do n righr" end thcno follow through utd raudly Pc tlrt it.is donc right' Faiture o observi that simplc rutc clr bc vcry, vcty cxpcnsivc. One hwsuit (utd thc legal fccs r buildcr hrs o pay fti ddcnsc) crn wipe ort tltc pofit ot oany bc's.) -t.!!FIEfFa!- )