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07-18-90 Agenda and PacketCALL TO ORDER PUBLIC HEARINGS 1 2. Interin Use Perrnit for Carver County public gradinq project to construct an active play Mi.nnewashta Regional Park located on Hsy. 41. EiIe AGENDA CHANHASSEN PI,ANNING CO}IIITISSIO\ MDNESDAY, JULY 18, 1990, 7:30 P.l,l. CHANHASSEN CITY IIA[,L, 590 COULTER DRIVE Ryan Conpany for Dexter llagneticIOP, Industrial Office Park and works area for ain the R. J. zoned Dri,ve: }{aterials, propertylocated on Quattro a Replat of Lots 5 and 6, Block 1,into one Iot.Park One 3rd Addition, Site Plan Review for Of f icelWarehouse Facility.a 20,000 Square Foot 3 wetland Alteration Pernit for altering,/renoving vegetation ina class B wetland Located in Curry Farros subdivision, Joycelyn Ilughes . 4 5 OLD BUSINESS NEW BUSINESS APPROVAL OF IIIINUTES CITY COUNCIL UPDATE ONGOING ITEMS ADMTNISTRATIVE APPROVAI,S OPEN DISCUSSION ADJOURNIT{ENT ** ITEM DELETED ** wetland Alteration Pernit to construct a walkway path througha Class A rretland to access a dock located at 7016 Sandy Hookcircle, Chris Engel for Iotus Lake Betternent Association. Sketch Plan Review for a Planned Unit Development to Create anAuto Service Center with a Restaurant on property zoned BH,Highway Business District and located on the northeast cornerof the intersection of Hwy. 5 and 101 (Hanus Building), LotusRealty Services. b. EHANHASSEI'I Pc DATE: 7/L8/9o cC DATE: 8/t3/9o CASE #: 90-1 IUPBy: Al-Jaff/v Fz c) =LL ls t!Fa Interin Use Perrnit for play Area Grading project at LakeMinnewashta Regional Park West of Hwy. 41, east of Lake ttinnewashta, north ofTanadoona Drive and south of Hernan Field park - LakeMinnewashta Regional park PROPOSAL: LOCATTON: Carver County Park L0775 Co. Rd. 3 Young America, !!N 55397 PRESENT ZONING: ACREAGE: DENSITY: RR, Rural Residential District Approxinately 350 acres AL]ACENT ZONING AND I,AND USE :N - RSF, single fanily S - RR, single fanily E - Hwy. 41 and RR, W - IJake Minnewashta WATER AND SEWER: PHYSICAL CHAR'ACTER. : Not available to the site. The site is riparian to Lake ttinneuashta andheavily wooded. 2OOO I.,AND USE PI,AN:Park CITY OF STAFF REPORT APPLICANT: iEC :r ! tt o8 /l oo; oo o g oot(v 8 @ N IAN R RC lrr ooro ooF 8J,N 8a 6r tll'i r. r-. ooa, c.,l @ ! E a 7A rl4 '-.:{ e\ . - l.:rl \l'.;u'- -\r r. J tarrt so, L -l IPUD- a RR fQ, K I 1L ct tJ OR IY Y t, 5# u 1t I ,I v I o Lake Minnewashta Regi.onal ParkInterin Use Pernit Jul,y 1,8, 1990 Page 2 BACKGROUND On Decenber 6, 1977, the City of Chanhassen approved a conditionaluse perrnit for Lake lr{innewashta Regional eari (ettachnent #1).Section 401 of the Conditional Use pernit Agreement between theCity of Chanlrassen and Carver County states that detaileddeveloproent plans within the proposeal p;rk shall be subnitted tothe city for review and corment prior to approval by the county. The proposed grading is in conjunction with the approved LakeMinnewashta Regional.park developnent Uaster plan and eiisting Cityof chanhassenrs conditional use pernit. Therefore, no anendm;nt t6the.conditional use pernit is reguired. This project rrill provideactive play areas including a new area for field ganes and parkinglots for field ganes, a future tot 1ot and 25 carltrailer splces tolaunch watercraft uithout horsepower restrictions as appioved inthe conditional use pernit park Daster plan. on May 14, 1990, the city council adopted an ordinance regardinginterim use. pernits (Attachnent #2). ihe purpose of the oriinanceis. to. leguire any excavation or grading of f,Ooo cubic yards ofrnaterial or more to obtain an interin uie pernit. An intlrirn usepermit regui.res the applicant to finish all grading and excavationin a 12 nonth period or else an interin use pernit-nust be renelredon an annual basis. The.propos_ed grading vill result in excavating and enbanking 50,oOOcubic yards of naterial. All excavated naterial is prop1sed torenain on site. Approxirnately G.40 cubic yards oi algregatesurfacing will be placed for construction of road acc-eis andparking facilities. The grading plans illustrate that the najorityof the slopes to be created are greater than 3:1. The grading areahas limited numbers of nature trees as it used to U" anagricultural production area. Erosion control Deasures arenroposed on the plans in the forn of silt fences and 6traw bales,depending on the degree of the slopes. There exists wetlands tothe south and west of the proposed area to be graded. silt fencesare proposed to be installed around the entire area to be graded toprotect the rretlands from any erosion that night enter thewetlands. A11 grading viII be 7 feet above the ordinary high vaternark. The DNR had no objection to the proposed grading. TheMinnehaha watershed District is requesting soue ninbr chJnges tothe proposed plans. These changes rrill include the addition of :sedimentation basins. These sediDentation basins wiII be locatedas follows: 1 To the southeast corner of the intersection of park Road andparking area 3 i Lake tlinnerrashta Regional ParkInterim Use PernitJuly 18, 1990 Page 3 2. To the northwest of play area 2Ai and 3. To the northeast of play area 2A. As ruentioned before, the applicant has taken all measures to staywithin the guidelines of the approved Daster pl"an of theconditional use pernit for the llinnerashta Regional Park. Theapplicant has also net all of the requirements for the interin usepennit and has stayed within the guidelines of the neuly adopted ordinance. RECO},IMENDATION For all of the above nentioned reasons, staff is recoromending the Planning Conmission adopt the following motion: trThe Planning Conmission recoumends approval of Interim Use Pernit #90-1 as shovn on the plans and subject to the follouing conditions: Approval of phase I grading pernit based on applicant obtaining and complying with the watershed District Pernit. rr ATTACIIMENTS Copy of the conditional use pernit. copy of interirn use perrnit ordinance. D1eno from the Asst. City Engineer dated July 10, 1990.Letter and appl ication. Reduce site plan for proposed area to be graded. 1 1 2 3 4 5 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA tr{ENDED CONDI?IONAI USE PERMIT LAKE MINNEWASHTA REGIONAL PARK Til IS AGREEI'|ENT, made and entered into by and betweenof Chanhassen, hereinafter referred to as the City, andof Coramissioners of Carver County, hereinafter re?erredCounty i the Citythe Boa rdto as the I{ITNESSETH, that in the exercise of their powers pursuant tolaw, and in consideration of the mutuaL convenants herein con_tai.ned, the City and County recite and agree as foll.ows: Section I Recita1s. 1.01 .State Law and cit Zonin Ordinance. It isacknorledged by the part es hereto E hat un er the provisions ofu.s. s398.32,no county parklands or iraters may be acquiredui thin the lim its of any city sithout the a pproval by resolut ionof the g overn i n g body of any such city,and it is furtheracknowledged th at under the provisions o f the City zonin I ordi -nance, parks an d recreational areas owne d and operated by govern-hental units nay be allowed within res idential ionin g di strictsonly upon the securing of a conditiona 1 use permit f ron the City. __-.-l:93 qognty_park Froposa1. The County proposes theacqursrtion and deveropmenT oE: r-egionar park t; u! -io..i.a "ntbe northeast shore of Lake uinnewairria, a!iign.tirs "-IiE-i"rrLake ltinnewashta Reoional. park (hereiniiter referred to as the"park-), and has naEe-apptication to-ih. citv-i"i-.ppio"Ii itsaid acguisition and devilopment ana ifre iss-uance ;;-;-;;;_-ditional use pernit. as Lake Mi.nn ewashta R ional Park M aster Plan Exceptmodified or o thenrise pr ovide , the Lak=gional Park t4a ster Plan 1982 Updated ase County Board of Commi.ssi oners on April 13, l9g2s of this conditional use per:ni t for said CountSaid Maste! plan and a Pprov:. ng County motion areo as Exhibits "A" and "8" respectively and incor-by reference. General Pur pose.e terms and condite parkland acquis ie permit rrhich aretbe County for th 2.Park Areas C and D. 2. 01 Iaster PJ.an. Wh ereas the Ci t j' , :h^ ^ .:::.' , end thehave <ietermrneo thatPIan of the Iake uetro-!6fftan council ofJhe Tuin Cities 1.03 .as berei nafter !linnewasbta Reapproved by thforms the basi Regional park. attached heretporated herein 1.04.to setforth ththe City of thconditional usacquisition by Section The purpose of tbis agreement isions governing the approval bytion and the grant of the wittrinconditions precedent to lande park . reooval. of areas C and D from the llaster 3.01 .Desiqn Capacities. The desi gn capacities as set-forth on page 26, table 6 of the Master P1an, and the Lake Minnerrashta Park Use Calculations of the Subcommittee for llaster Planning of the Lake tlinnewashta Regional Park, dated May 28, 1975, shal1 constitute the maximum development allowable in said proposed park. Section 4. Development P1ans. {.01 .Review and Approval. Detailed develo pment Planssithin the proposed park sha1l be submitted to the City for revier and conunent prior to approval by.the County. It is not con- teoplated that ttre City shall have approval authority over theg as they are consistent inter Plan, except for appropriatee applied to development eveloprnent plans not consistent detailed development plans so scope and capacities with the 1on l,lasybydchdevelopnent standardsgenerally within the Cin scope and capaci tie amended conditional us ith the Master Plan sha11 require an ermi t . whiitvsweP ma An 4.02.Development ScheduIe.The County does not propose any significant development of the park until funds are available through the grant program of the Metropolitan Council. Betrreen 1978 and 1982, the development activities at the park are pro- poseal to consist essentially of establishing a land stewardship program, development of a primitive lake public access facility, and use of the existing buildings as either a nature cente! or nuseun and park employee residence. 4. 03 . Land slewg:gstri!_Pse5Mm. The land stewardshipprogiE;Till c@dua11y phasing from culti- vaced land to turf establishment on Parcel E, establishing a treenursery, beginning prairie establishment on a portion of ParcelB, providing necessary access control in terms of gate andfencing, controlling noxious weeds, and to the extent feasible,controlling Dutch elm and oak wilt disesase. Section 5.Advisory Comnittee. 5.01 . the reoio-gional.Victoria area and Reg ional order tonent and A5visory Advisory Cotnmittee. reEiEEtfon nEEEE thin Carver County (as Recreation Needs Analy The park is intended to fille Chaska, Chanhassen, anddescribed in Section {, Localses of the Uaster PIan). Inprovide a means of continuing review during the develop-operating phases, Carver County sha1l establish an Committee consisting of two representatives from Chanhassen, one froo Chaska, one from Vietoria, and one fron the -2- Minnewashta Regional Park, hereinafter referred to as the 'l*lasterPlan', nill not adversely affect the purpose or function of thepark, and whereas the City and the Metropolitan Council of the Twin Cities have approved a change to the adopted Land Use Pfan from "Parks/open Space' to 'Residential-Low Density", the parties hereto acknowledge that lani ar-:a P3rcels C and D are removed fron the boundaries of the park as defined in Exhibit "A". Section 3. Schemati.c PIan. Govern i n g Ord inance , Policing,Fire Protection andAccess. 6.01 . County sha Advisory cthe Countyas the sam County protions shal ne nda t ion s 6.03 .tectfEiTnd oriented inthe City.oriented i.n County Sher 11 regul ommi ttee Park Ore may be posed pal be rev County Park Ordinance. The Park Ordinance of theate the use of the park. The City and thesha1l recommend any appropriate amendments todinance or regulatory County Board Resolutionsapplicable to the park. In addition, allrk ordinance amendments or regulatory resolu-iewed by the Advisory Committie for its recom-and conments Prior to enactment. 6.02. Po1ici4g. policing ofrespon-E6i 1 i tyTIE?-coun ty thr5 ug hno cost to the City. Any supplementaby any future City police depirtmentunder the terms and conditions of a mand the County. the park shall be theits Sheriff's Depa!tnent atry police services furnishedsha1l be performed onlyutual aid agreenent the City Fire Protection an d Ener enc Servi,ces.Pire pro-emergency lescue services necess ita t by land-cidents shall be provided by the Fire De partment ofEmergency rescue services necessitated b y water- CI dents shall be provided by Count y lifeguards or theff rs Water Patrol .I 5.04. I,gk e Acqqss. A watercraft access to Lakeuinn&E$ta ttrEug6 tn-ETark has t-en-lroviaed in the area so lggiSnatea as boat access on the Detailed Developnent plan of the1982 Park Master pLan Update. Said access is to be limited forlaunch of watercraft of ten (10) horsepower or less and have acapacity of l0 ca!,/trailer spaces. An aitditional access withouthorsepower restrictions having a capacity for 25 car,/trailerapaces shall be developed and located in accordance reith the plantitled 'Irke Minneoashta park 2nd Access. narked Official Copy. Section 7 Roads , l{ater and Sani tary Seerer Selvices - 7.01 . Roads. All roads and trails within the park shallbe co=n-EEucted-ai?-ma i n ta i ned, i nc 1ud ing snow plowing,' Uy ttreCount!r. -t- County Park Comnission. The City representation will be appointed by the respective City Councils on an annuaL basis. The Advisory Committee shall revieH the County's development planand make reconmendations to the Carver County park Commission inregard to such plan. The Advisory Committee sha1I also mor:iscrpark operations in a general rday, and shall make recommendationsto the County Park Corunission in regard to improveurents inoperaLing policies. The Advisory Comrnittee srembers shall alsokeep the City Councils of their respecLive cities inforrned oftheir general activities. they shal1 also serve as the conduitof concerns fron their respective City Councils to the County. Section 5. 7 .02.water and sanitary Sewer Services. The Count vsha1l provide water and san itary sewer systems through on-sitefacilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory power thereof. when available, said water and sanitary sewer services shall be connected to the City facilities at the expense of the County, A1l connection charges, lletropolitan waste Control Comission sewer availability charges (sAC charges ), and sewer and uater usage charges sha11 be paid by the county to the City at the reasonable and customaly then prevailing City rates for com- parable uses. Except for trunk water and sewer assessments payable as provided in 58.01 hereof, sewer and erate! charges will not be based on a price structure erhich assumes a 211 dwellingunit development, but rather will be based on a comparison of volunes gene!ated by similar residential , comrnercial or institu-tional uses. 7.03 . shall-provide, I,iater and San i tar Selrer Easenents. The Count v cons 1 stent w th applica e Metropol itan counci Ipolicies and the grant contract for acquisition of the Lake llinnerrashta Regional Pa!k between the County and lletropolitan County, at no cost to the City, such linear water and sewer ease- ments as the City may deem necessary to provide water and sani-tary seh,er services to the park and contiguous areas. Said easement alignnents sha11 not be so located as to nateriallyaffect the character of the park. Assessments r Taxes and Costs. 8.01 . Out stagglsglssessmegts . By lesolution adopteil octoEEiTo, 19@ota1 of 211 trunk water anil sewer unit assessnents against the properties to be acguired for the park. It is a condition to the grant of the within con-ditional use permit that all of said assessments to be paid infu1l by the county inmediately upon its acquisition of said prop- erties. Included within saj.d payment shalL be accrued interest computed pursuant to !t.S. 5429.061. 8.02. Tax Equivalents. In the event the Metropolitan Council of the Twin Cities fails or declines to pay to the Citytax equivalents under 1,1.S. 5473.341 , it is agreed that said tax eguivalents shaIl be paitl by the County to the City upon demand. 8.03.qity Costs.The County agrees to reimburse theCity promptly upon invoicing therefor, all resonable and custo-naly costs incurred by the City since the enception of the park concept througb the conditional use permit. Eli9ib1e costs shallconsist of publication and notification expenses, attorney fees,engineering fees, costs in connection with the November 2, L977public hearing, and any other reasonable outside direct costs tothe City. Section 9 General Provisions. 9.0r.I ndenl i f i.caii:r:. T5 e County sha1lbold the City ilarnrffinr liability on aecount -4- indemnify andof injury or Section 8. damages to person or property arising out of the operation of thepark facilit j.es. In the event lega1 action is brought againstthe City, either solely or jointly with the County, on atcount ofan), such injury or danage, the County, on notice lo it by theCity, :r:a-i oeiend the City in any such action aC the expense ofthe County. In the event of judgernent against the City in anysuch action, the County shal1 pay such judgenent and a1t costs inconnection thereeith, and hold the City haiarless therefrom. TheCounty does not agree to indemnify, hold harmless, or defend anyaction or pay any judgement arising from acts of officials,enployees or agents of the city while in the park. 9.02 Non -Ass i gnmen t .Neither the uithin conditional usePernrt nor conveyed by City. the park contemplated hereunder shall be assigned orthe County without the prior rritten consent of the - 9:03. . Stqndards applicable. ?he City Council and itsPlannrng Corurission have determinad that in the grant of thewithin conditional use permit, the standards of [,he ChanhassunZoning Ordinance have been met. 9.04. Execution. Each party lrarrants and affirms thatthe iithi-thin. agrE6EiTG-s duly autho?ized by its reile-iive-'governing body and executed by its duly authorized 6fficers pur-suant to resolution duly adopted, and each party shall file ;iththe other party a certified copy of the res6lution approring theexecution of the within agreement. , Executed tnis .-fr day ofof Chanhassen. ATTEST: 1984, by the City ounty rxecut CITY OF CHANHASSEN 'J Mayor BOARD OF COMMISSIONERS OF CARVER COUNTY City C erk anag er ATTEST: y^-t: c ByveSi etary '\ rA '-i"--.5 \ _\_-q.._u-.r.,r By: Executedl this it/-day of /)..rour/,<. , l9g{, by theBoard of C6mmissioiE of-carvEEG[, -E- lI onDlullgl ltlltrDllo cElP'8tB ? lrD cEr?rrlB 20O' IIEI SENTEIASET CIII @DI PEBIIITITO $Oltctvl.Etlo, Itrlro, tlLLtro, IID elrDIIc 'llhe Clty Council of ttr€ Clty of cbrr$a33.n ordalnr aEfollosa: The purlro3. of thl3 artlcl. la to pronotc tbc bcaltb,aafety and uelfare of the coruunlty and to ortablleh rcaronablcunifora linitatlone, atandards, rafeEruards and controlr for excavatJ.ng, ulnlng, fllllng, and gradlng ulthl.n the Clty. Excavating, llning, fllllng, and gradlng petrlt3 fo! lore tlranftfty (50) cublc yards, but l.B3 than oDG thou3and (1rO00) cublcyards of laterisl ln a tuelve (12) ronth perlo<l lay bc proc.B3cdadninistratively. Excavatl.ng, rinlng, flllinE, and gradlng of one thousand (1rO0O) cublc ylrds ot laterhl or lorc Ln a tuclve (12) lonth period shall bc processeil 1n the alre ranner aa an LntcrlD use peroit. 7-30:DSRPOSES IIID ITTEIT]I. 7-313 DEPrXrSrOtrs. lrrtL forl oa to8l tb. tutLr D(cavatl,ng, rr.nlng,filling or grading. trcrYrttlg cs lhllgl (a) fhe rcuorral of the nlturrl surtace of the ea*h,ubether rod, dlrt, ro11, rand, gravel, atone, or othar Dttcr,creatlng a deprcaalon. 3lClllOI t. Cbapter 7 of the Cbanbas..n Clty Code 1r horeby .lendGd by addtlng lrtlclc III to read a. tollot: (b) lny ar.a rbcr. tha toproll or ov.rbur{.n ba. been r.Dolrod for the purlroes of rcuovlng oarthly deporltr orllnerab. (c) lny ar.a that lr bclng3toragc, and proceselng ol rand, gravol other ll,neralr. fhe followlng vorde, teng and phraeee Bhall have thefolloving reanl,ngs reepectlvely eacrlbod to th.D: lllng,ay, and t05l13l90 u3ed tor .tockl,, black lllrt, cl crlY or cEAtrHAssElr ctR\rER At{D EENNEPIIT ooUl{TIES, rrtlrEsotA ORDTNN{CE 119. 128 F. Plorlng andl tllllng for agrlsultural purpoaes. c. Earth uork Ln accordance rlth a devclopuent contract approvedunder the Cltyrr Subdlvl.alon ordlnance. If the developilntcontract -r€Erlrge ttrat a lGtt€r of cr.dlt or othcr aelurltybe posted, the lctter of crcdlt or other sesurlty lust beposted before any .xcavatlon talea place. ?-3lt lt!ID,l! tltl! !OII. Earth uork tbat ls .x.!pt lro obtalnlng a peraltpur3uant to Sectl.on 7-33 rball: l. coDp1y ulth the cltyrr rrorl,on control rtandardr. B. l{al.ntaln nltura1 or .xlrtlDg drainago pattcrns. C. Couply rith the Cltyra other ordinancc roguironenta Lncludlngtree presernatlon and uetland protectlon. - ?-35: IPP&ICtItof,g ,oB IIABE tOtI DtllafAg. A. An appllcatlon for an Earth tlork peralt .hall bc proccaeed lnaccordance vith the rane procadur-r rpcclfted ln l,fre cttyCode relating to lnterlu use penlte -xcept ttrat .arth uorkof uore than flfty (50) cublc yard8 of laLerlal but leee thanone. thouaand (1rOO0) cublc yards-of latGrlal ln a tyelvG (12)nonth perlod Day be approvcd adlinlrtratlvely. B. An application for a perult rhall contaln: 1. The naEe and addrea3 of tbc operator and osner of theland, together vlth proof of orncrahlp. If the operatorand oraer arc dlfferent, both luet rlgn tbe applicatlon. 2. ?he correct lcgal deecrlptlon of tbG property ubere tlreactlvlty J.s propoacd to occur. 3. I certlfled ab3tract llrtlnE tbo nruee of all landosnersovning. pro-perty ulthl.n 500 icet of tbe bounatary of tlreproperty deccrlbcd .bw.. a. Speclflcatlone-of ttr. folloul,ng, uring epproprtatc rape,photograph3 and tuwoyt: r. Proposcd gradlng plan. b. PropoBod rtoclgltr rltra. c. Tlrc phyrlcal relatlonrhlp of thr propo.cA deelgnatcdrltc to the couunlty anrl rrlrtlng d6volopnentl -3- fhe girad.-of -a11 rlope. aft.r. r.atoratlon, baaed uponproposed tand uecs, and deecrlptlon of tlrc type andguantlty of plantingl uhere revcgetatlon le to be conducted. 16. I uethnd altoratlon pcrnlt, lf roqulreil by ilre elty Code, uhlch shall be proccsEed concurrently vlth the excavatl.on petrlt appllcatlon. al. e.Ihe critcrh and atandardg to bc uscd to ae,hlcvefinal rcatoratl,on ar ucll ai lntctillttGntrtablllzatlon. 15. Irnlcaa exenpt under [.l,nnr3ota Ru1a8, an onvlroruental laseasDent yorlcsheet, lf rlqulrod by the Clty. 1t!. A statclent tdentlfylnE the appltc.ntrs progrra! to lncurecoupliance ulth the polalt condlttonr, rcttrod of roilronseto couplalnt3 and rerolvlng conflt ctr tbat rqy arlrc aa areault of cou;llal.nte. 17. Other Lnforoatlon rGqulr.d by tbc Clty. C. Appllcants for Earth tlork pclalts lnvolvlng lcre than one thouEand (1,000) cublc yarde ol lattrlal luet only furniehthe lnfor:aation cpecifleil ln Sectlon 7-358(1), (2), ({a), (5), (6) , (7), (8), (12) , (13) , (16), and (17). ?-r5s DBocl8glro Ol lrntl lOnI "tnXt! IPP&tClttOIg. A. Except as otherl,ec provided bcrcin, the Clty Councl.l rhallreview the Earth tfork pernlt appllcatlon and rball approvethe perolt tf lt le ln coapllance ulth thla artlcle, thccity,a Zoning Ordlnance, and other appllcablo leur,ordJ.nances, and rogulattone. B. I perult Day_b€ approvcd rubJ oct to condltlonr n ceasarT tocnsure couplLancc ylth tio rrqulrcnrnt3 and purpore of thlrarticle. Then rucb condltlonr ar3 ..tabllabrdr-they .ha1l beret forth apeclflcally ln !b. penlt. Condltlonr ray, alonEother Dattere, ll.ult thc rlre, Llnd or char.ct.r ol thopropoeed gperatlon, requlr. ttrc conetnrctlon ol atnrcturia,requlro tlre ataglng-of .:(tractloD d.r I tb. pcrlod endrequlrc the alt.rrtlon of tbo rltc dcrtgm to onruroconpll.ancc slth ttrc atanalatds ln thlr arttclo. c. Earth uork of lor. than llfty (90) but leet than on tbou.ud(1,o-0o) arblc yardle of lrt.rltl tn I trolvc (12) ronth p.rlodDly bi rpprov.d by tha clty gtrtt. lbo rpptl&ni rhalt lutnftthe fe. rcqulred by Sectl,on Z-39 of tle C-lty Coal.. glronrecelpt of a couploted appllcatlon, tbo ctt' Btett .LaUrevfeu the appllcatlon ultbln ten (lO) rork-lng dayt and rtrallnotlfy tlra appllcatrt of tlr. decltlon by lall.-It.-etty Bt lfuay bpoar .uch condltlonr at lay b. n-ceeeary to profoct the -5- purauant to,tlrl. artlclc doe8 not r.llev. th. t.ntttec of thereEponslblllty of ..curlDg and coplylnE ulth any othcr penltuhich lay be requlred by any othor lau, ordlnance or rcAulatl.on. 7-l0t tl!8. A schedul. of f.e3 thall Dc dctonlned Dy r.Eolutlonof- the-Clty Co-uncil, rticb ray, trot tlrc to tbe, cbange ruchschedulc. Prioa to tho lrcuancr or ranaual of any pcnit, tuchfees rha1l be paltl to tbe elty aDal deporltrd ln the gencril funa. 7-l1t l0ntllcE, lIItMOcrA&t titliltE Ot CttDr,I. Prl.or to tbc truancr of an larth york ponit, thereehall .be .xecutod by ttrc operator and landoracr end ruDulitea tothe Clty an. agr.rirgnt to conrtnret .ucb roqut rodt bprovrncnts andto. c-oaply rlth iuch condltl.onr o! approrral Lr ray hive brcneEtablished by the Clty councll. ThL aErrcrocnt ihaU nrn ulththe land and be recorded aEatnBt tlre tlElo to tlrc proDcrty. lltreagreeaent 3ha11 be acconpanled by r lctter of crodit icccitaUteto the clty tn the aDount of the-coate of conplylnE rtth ibelgreelent as determingd by thg city councll. -flrc idequacy of tbeletter of credlt rhall be rcvleved-annuaUy by the Ctdy. ibc CltyEngineer lay direct the aDount of the lcttlr 6l crcatflcLncreaeed to reflect tnflatlon or clrangGd condltlon8. mc Cttylay drau. against th. l.tter of crcdlt ior noncoupl lancc rltb tneagreeDent and ahall u.e the jlrococdt to cur. any- d.fault. 7-l2t SllalC!8. dirt, clay,llinlng- for the purpose of eelllng .rnd, gir.v.l, blaciand other llneralr rhall not bo ionductod rlthin: A. One hundred B. Thlrty (30)uti11ty. (100) fe.t of an rxlrtlng rtrort or blgbvay. fcet of an cag€Eont for !n orlrtlng publ,lc ?-13 t llxctro. three hundred. (30Or -f.et of tb. boundary ot an adtJol.nlnEproperty not ln nlnlng ure oxcept ttrat iEgrogate froccriJ,nEtlrat createa obJoctlonablc nolrl and duri, tnctud-ing but n6tllnltcd to criushlDg, !u3t be tot back on.'thouernd ilvohundrod (11500) toot tron tho boundaty of edJolnlng propcttynot ln llnlng ur. Durlng - opcratlons ponlttcd undor thlr articlo, enyarea ubcr. cxcavatlon rlolreE ar. ata.Ircr thrn ona foot vortlcalto onc and one-half (l-,./Zt foct borlzontal abrlt be fcncod,unlcaa the Clty detcrzlnce that th.y do Dot l,o.c a raf.ty bazard.l{ater 3torage baalnr rhall alro br ienccdl tf tbo Clty dcEcr:llnrathe baal.na pose a potcntlal 3af.ty barahat. Unlcte othcnlrcapproved by tlre Clty, rcqulred fonclng thall bo a llnhur! r1I (6) c. D. E. F qperator3 .hall u8e all praetlcrl loa:m to olhlnatevl.bration on adJacent property lrol rqulpacnt operatlon. qperatora .hall colply rlth aU appllcablo clty, county,.t!te and t.deral rogulatlona for the prot etlon ol raterquallty, tnclurtlng tb. Xlnne3otr PoUutlon Control Agency andlederal Envlroruental Protectlon Ag.ney rogrulatlone lor theprotectlon of uator qualtty. lfo uait. productr or proceas rceldue rhall be Ccpo.lt.d ln any lakc itroan or naturaldralnage .y8tcro. All yacte vatrr rhall par throuEh a 3ediDent barin before dralnage lnto a .tr.an. Operator3 shall coDplti rlth all Clty, CoutrttT, Etltc lndFederal r.Eulatlons tor the prot.ctlon ol r.tlaids. Operators .ball colply ulth ell roguirorntr of thc rat.r3hedulrere the property ie tocatcdt. C. AIl topsoll ahall be r.tained at tlrc rltc untll coDpl.terestoratlon of the rl.te has takcn place accordlng to ttrerestoratlon plan. E. Operators 3ha11 uBe lll practlcal lcans to roduce tbc rDountof dust, .Doke, and fiuca cau3ed by the opcrationa. fhen atnospherJ,c or other condltlons lake Lt bpoesible to preventdust froD nigratlng off 3ite, opcratlonB .halI c.ue. 8o control du6t and llnluize tracklng eand, gravel, and dirtonto publlc .treetB, Lntenral prlvate roada fron a llne toany publlc roadsay ahall be pavcd ritlr aEphalt or concratefor a dietance of !t l.ast tlrroc bundred (3OO) feet to thelntereectlon slth r publlc roadsay. All lntcrnal roadr rhallbe Euept and treated to nlnlulze du3t qccordlng to a acheduleestablished by the Clty. Ttre Clt!, ray approvc ilternatlvce topaved lnternal Btreets that accoropueh the raDG purpore. r ,. AlI haul routes to and froD the rlne thall be approvod by theCity and BhaII only uae BtreetB that can .rfaIf lccounodltethe trafflc. ?-l6t iIBAORTEIOI.NDIBDS. lftle follorlnE r.storltlon rtandard. .hall lDDly tothc rlte of any operatlon penlttcd undcr thlr artlcl€!-' - A. :lbe plan Dutt be conllst.nt ulth th. Cltyrt couprebrnrtveplan and zoning ordl.nancc. E. nestoratl.on rball bc a contlnulng opcratlon occurrlng arCulg|ly aa_posslblc rftcr the c:cractlon opcratlon hit lonedrufficlently lnto anoth.r part of ttro o:<trictlon rltr. -9- ) SEclllou 3. Thle ordlnance Eha1l bscoDe cffectlve luledllately upon lts passage and publlcatlon. ADoPrED by the City corurcll of tbc City of chanhasaen, thls 14th day of !lay, 1990. ATTEST: Don ABhvorth, Clty llanager J. (Ir:bll3heat ln tbe cbanhassen Vlllagcr on ltay 24 1990) . -11- I I 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA55317 (612) 937-1900 . FAX (612) 937_s739 CITY OI- EH[[IH[SSEN fi UEITIORANDUITI tO: Sharmin AI-Jaff, Planner I FROU: Charles Po1ch, Assistant City Engineer DATE: July 10, 1990 SUBJ: Lake llinnehrashta Regional Park GradingPlay Area and Parking ImprovementsFiIe No. 90-16 tand Use Review This Phase I development plannith the overall Uaater Planconditional uae pernit. Permit for In accordance with Section 4.01 of the anended conditional usepermit agreement between the City of Chanhassen and CarverCounty, the County has submitted the Lake l{innewashta RegionalPark Phase I (play area and parking improvements ) plans forreview ancl approval . fhe improvenents consist of excavation and embankment ofapploximately 50r000 cubic yards of material . All excavatedmaterial is proposeil to remain on 6ite. Approximately 5rltOOcubic yards of aggregate surfacing will be placed forconstruction of road access and parking facilities. Review of the grading plan reveals that the majority of theslopes to be greater than 3:1. Reinforced erosion controlstlah, bale check dams are proposed at Btlategic locations.II riprap is proposed at aL1 culvert outlets. is consiEtent in scope antt capacityfor the previouely approved and Class 1 RECOI.II.TENDATION Recorurend approval of Phase I grading pernit based onapplicant obtaining and conplying with the natershed Districtpernit. ktm Zltz A"2t ,/Z4r6rft*-*h iZ az*f 4 1*. o/*o ///4,/2,- rr/n 4 --. Z,"* ,r//:7". a^fu ta.u .4r a,? Caa- Z;;/aa /*r- ia*aZ7a7n tZ-.-z t-uia t zZ, f,rdxqtrrtruf*/za'-az %1,JW h*6.We0,r;.a trr r/0 #ft#ffit"fl, lELEPIloltE (DaY tiDe) Condltlonal Eee Per:Dlt - 9150 InteriD Use Pelsit - 9150 J- Iand Use Plan Amendnent - S10o -Planned Unit DeveloPuent : - sketch Plan - s200 - PreliDina'I T$'::::"t Pran - Final DeveloPDent PIan - S200 - ADendnent to Final DeveloPnent- ;i;; - s3oo + 91s acre 0 site Plan Revier' - S150 ' ""!*::I- ;:J:lll-"- ;1.. 0 variance - $75 0 Rezoning - $250 0 Zonlng APPeaI - S75 IoPI{EIT IEVIE aeer'Tcr,Blo\ 12sE ,1 //J O €4)r? S/{Tn ?P'e K R OWNER:o€fr ADDRESS:d z 7Z?T TEI,EPHONE: r x BEQI'E8E 0 Subdlvlsion: PrellDinary Plat: - Sketch PIan - S2o0 - Create legs ttran 3 lots - S1o0 - create Dore than 3 lots -- "^;i;o f srs acre + ss Per lot lot created - Fina] PIat - S1o0 - t{etes and Bounds - S100 - Consolidate IPts - $100 rorllJ SUEDrvlSlot{ I wetland Alteration PerBit: - Individual Single FanilY DEVE * APP LICANT: ADDRESS: I 0 0 0 rpts - 125 - AlI otherE -Slso 0 zonlng ordinance Anend[ent - No CtralEe sed, ttre aPProPriate fee 6ha11 - . l3r".n"rp? iJrr."ltn i.JJr'rt"'."Ji"J.' are ProceE IOCAIION I,EGAL DESCRIPTION P4rx REQUESTED ZONTNG tfatte PRESE}IT Ii}TD T'SE DESIGNATION REASON FOR THIS REQUEST h/ eo r/ai /7H7E O /..?<t )//ArD- txrap 6ant rt?2tie 8€rja?/ R?,?r(al6, s.EE 2r7ie SPE F/C,a7/aDs arafhis application uust be conpl.eteit in fu1l and be t ypevritten or clearlyprinted and Dust be acconpanieil by all inforoation and plans required b !applicable city ordinance provisions. Before fil ing this application, yo ushould confer vith the Planning DepartDent to d eteraine the specifieordinance and procedural requirenen ts appl lcable to your application. a.6-t?-to Sigmature of Appllcant Date Date Appl ication Received on Fee Paid Receipt No. cons lderedThis applicatlon 1111 be Adjustnents and AppeaIE on !!rs i-s to certify that r an uaking-appJ.lcation for the described action bythe city and that r aE responslbre for conprying nith arl city requiren!"i'srith regard to this request. -This.appllcation should be procesLea in ny nirneand r. aro the qarty -uhoD .the city ehould contact regarding any natterpertalning to this apprlcation. r have attached a gopy or- proor'ot o'wneisiri!(either copy of orrlrerIs Duplicate certificate of ritle, Abitract of Titre oipurchase agreenent), or r an the authorized person to nake this applicationand the fee owner has also signed this application. f rill keep nyself lnforaed of the deadllnes for subuission of naterial andthe progress of this app).ication. f further understand that additionat teesDay. be charged for consulting fees, feaslbility Etudies, etc. with anestiDat_e prior to an!, au+-horizetl.cn tc proceed yi-,h the stucly. The docunentsand info::aation r have subuitted are true and correct to- ttre uest of lryknovledge. by the Plannlng Connicsion/Board of PRESENT ZONING REQI'ESTED I$ID USE DESIGNATION 6ffi&,*r-signat$b Pf Fee orner ACTIVE PT.A,Y AREA AND PARKINC IMPROVEMENTS LAKE MINNEWASHTA REGIONAL PARK Chanhassen, Minnesota CARVER COUNry PARKS c iv3r.!0 rY 'lo,rcr xo-,ll- cuDllIGNotrEelcoNlxot -l aro a -o -o T rtttttlttllttttltl t J., 'i *: ). ,..,t i.'I 'rtil.[,? .9 I'I it d {rt I!r T' i :l n s qp t,i ,l t.a t'' n J.,t T xrH rrnoln Noqir:|s ssotc xlvJ'lvNot9tu vlllsvla!NNtht :lrYl 01 ti! iiiif e ., 't \z \i ,-\.\\\ ti\i'\ tR\i$i _ .l\, t -: -r - 1\\ \.'4 4 .-->\_ I ? ENNNIil'-\-a\ -r-: J : ./' \' -E -4,:.4'f ':. ,.R\J I \ i I \,, I-,x II /" C/f, \'..t.:.\ 6, -':--:------- I\\ Y1 ( \ ), /, *':/ l lo \\, l\ .1 \ 0 \ t A )/ /.; {d /,, J. q, I sC o\ NrIt' EHU $trlrd i ff;, $I 1 o iiU (I ts \ - l'.' F 3 f. },' L I L XE MINNEIIASIITA REGIONAL IAIX IffiL YOUI PI ll2.0 ( I' l D o T - _ - ifl'ta xxl,{@ l{oaaq€ (nl qmwc .l*rrt-FoxIvJ lvNot9:Il ylt{walt{Ntht Ityt.i51q-ii.m!-(vi_:s 0't lt e { \ t,:: / 9 ) ):. . ? I l!t!It :it ib {:l * iil !f ffiET ttl;lit ! I,! ti I ?ffiffiffiliffi aH rl'li,\-L' .1 i .l I / I ^l s) /. r}r -o -1 d { .: a I \ '!\ * - ! ?II IIt; TI E iriiiili I E i I.ii $i I 1r L! E-IE] x\. c f-\rt .tI 't' ./l\| I\o\ E .J ) t- ,.1 .,, l( >\ * { g s >{r.i "ti/t =='==--"=iE 0^r0alssroaE.l itv'td cxrcYID TtYItlo tanln. qryr.+i) xtvJ 1YNOI9IIX YI.HSYNIINNII t OtYl re ) #*q=I _::G-_j arvrS s,lrla olofvd lrtod rrvr'lvNot9:tt Yltsvl{tNMn :Dryt 0', t ti hiirl! tJi x#: ld:" :-.'sr''-'l. ,._IJ*--- *il e t t.t )\ .-i\ t i* x! i t t) I { ( .t' I t: i{ll i!r:!, fi$ii til;t ii:::irrll*, E illi fi$ Irn rrt Bid .tr rll! fii+ 1 : Itl ;- lt{ 'tiu IH #r ljn il s i$ E ls f ? I EE E: Hlr 'l 4 NI d a E T I iI !( O 5 ? i *i E € s I( ) o ) *lri +t a! i tifi i!ll+(i lt!i*-.t{/ t-:& ATs 5 t tI I il- ( I \ ra tl; io-:. J ----- --7-T. \ I' t' (' ,..,. '. r'1..,-,.,'. , t.,.. . - \ a. \'ii!,-it itj /DEVELOPUENT PLAN Lake Minnewashta Regional Part. ---*-i I .l;-,' ,i', :. :i :== /'1- I r -\ t i.:i,:, 0 Prc.lc 3i.t.r. O 4..r.6.. rrr.r.r I i:jlJ I '). -t ;li ; --_:Ji.- l l.j I q,ti ii.t.. g - ETIr El rlrlrl I I I I I I I I =t; I G, o. Fzlo IE Eil, tCl r-.F C' ao-gE " E.Exeo Cl .;OJ-E 2_ iaZ EET , ,l (nv 'r;2At. a" ul "-r I \ t tI I 2tt €r't .tl rl >-l I I I t I=tr- F: --- I II L i-t ".\ I--{ _.i:_ 1l fti.I \I I I9o'3z ( F -a =lrJz == ll.lY J 0;? I Et I I t ^- o ( z 2 I I I I rl ,9 \.i I I I I I I , t , 9ci2Z I I I I I I I I \ '-a PHASE I r 988-89 Act iv i ty Gonstruct bicyqle path Construct trail bridge over chaflnel Construct trail bridge over valley Cqrplete active area parking lot ColllPl ete trail head facility lmprove amphitheater (if derBnd warralts) - -0.'ta i t and begin improvements to parcels 'rc't and "D" ln general park landscaping (ongoing) Cqrplete facil ity development (restrooms g water) to perrlanent status TOTAL s*,0* t lte follolring lnforrnatlon ls Provided on each develoPnent activLty or factllty by lts grouping (active area, conservation zone or boat lauach), a synopsLs of the interactions bet een the gr..JPings and a caPaclty table on a1l park uses. ACTIVE AREA !1g!ig - 8 plcnic clusters, each r.'i11 be at least partlally eleared of GdErbrush. Located ln and around other iDtersive uses (slrtEning. beach and active plan area). Shellers w-il1 be located iIl several picnic clusters. Parking areas vill accoopany all elusters (sfie of parking areas dlctated by table placement). Sy1gB1$ - Beach and bathhouse on southern area of point, convenient to plania-clusters aod active Play area. AdjaceDt ParklDg alea to accol[tlo- date about l/3 svlming area caPacity, remaiolog beach alea ParkLng 1n qverflor, lot. Actlve Pl alArea - Clear cente! of active area. ed area (fornerly ln ttrlcultural production) ln Follo!,ing turf establishloeDt ' uses will be dictated by deEand, exauples: tot lot, ball diaDond, Lorseshoes, Playground equiP- uent, field ga&es. Tralls - Hlking attd cross country. skl tralls eong a1I active area uses' Ili-iEcessability to natula1 areas. Also hard sulface trail for bikets off sewlce road, loops through active area. ParklnR - Parklng areas scalea to caPacltles of Plctlc clusters and beach, iilEfi-6ierflot lot near all uses in cleared area. ove!f1o, 1ot llill be expa[ded as facilitles develoP and use dictates. Ultleate caPaclty of park establlshed via parking avallabi1ity. GARVER GOUNTY PAR KS I -2r- CARVER AND AMEN DED CITY OF CHANHASSEN HENNEPIN COUNTIES,MI NNES OTA CONDITIONAI USE PERMIT IAKE MINNEWASHTA REGIONAL PARK TiIIS AGREEMENT, made and entered into by and between the Cityof Chanhassen, hereinafter referred to as th€ City, and the Boardof Corunissioners of Carver County, hereinafter referred to as the Coun ty t Recitals. 1.01 .State Law and City Zonin g Ordinance. It is acknowledged by the parties hereto that under the provisions of M.S. 5398.32, no county parklands or waters may be acquiredwithin the limits of any city withouL the approval by resolutionof the governing body of any such city; and it is further acknowledged that under the provisions of the City zoning ordi- nance, parks and recreational areas owned and operated by govern- mentaL units may be allowed within residential zoning districtsonly upon the securing of a conditional use permit from the City. t.02. acquIE-ition the northea Lake MinnewI'park"), an said acqui sditional us to setf orth the City of conditional acguis i tion County Park Proposal - and development of a regi st shore of Lake Minnewash ashta Regional Park ( herei d has made application to ition and development and e permit. The County proposes the onal park to be located onta, designating said park asnafter referred to as thethe City for approval ofthe issuance of a con- 1.03 .Lake Minnewashta Regional Park Master Pfan.Except as hereinafter modified or otherrrrise provided, the Lake !4innehrashta Regional Park Master Plan - 1982 Updated - as approved by the County Board of Commissioners on April 13, 1982 forms the basis of this conditional use permit for said County Regional Park. Said Master Plan and approving County motion are attached hereto as Exhibits "B" respectively and incor- porated herein by reference. 1 .04 General Purpose.The purpose of this agreement is the terms and conditions governing the approval by the parkland acquisition and the grant of the within use permit which are conditions precedent to land by the County for the park. Section 2 Park Areas C and D I',!aster P1an. Whereas the Metropoiitan Council of the Twin Cities removal of areas C and D from the llaster :h'. - ':-:'', and the determr.ned that of the Lake 2.A\-Ci|,1'. have P lan WITNESSETH, that in the exercise of their powers pursuant to 1aw, and in consideration of the mutual convenants herein con-tained, Lhe City and County recite and agree as follows: Section I. 3.01 .Design Capacities. The desi gn capacities as set -forth on page 26, table 6 of the llaster PIan, and the Lake Uinner,rashta Park Use Calculations of the Subcorunittee for Master Planning of the take Minnewashta Regional Park, dated May 28, 1975, shall constitute the maximum development allowabLe in said proposeC park . Section 4. Development Plans. 4.01 . Review and Approval . Detailedwithin the proposed park shall be subnitted and comnen t prior to approval by.the County. templated that the City shalI have approval detailed development plans so long as they scope and capacities vJith the Master PIan, development standards which may be applied generally within the city. Any development development plansto the City for reviewIt is not con-authority over theare consistent in except for appropriateto development in scope and capacities lrith the Master Pl-an amended conditional use permit. plans not consistent shaI1 require an 4.02.Development Schedule. The County does not propose any signi f icant development of the park until funds are available through the grant program of the Metropolitan CounciI. Betriteen 1978 and 1982, the development activities at the park are pro- posed to consist essentially of establishing a land stewardship program, development of a prinitive lake public access facility, and use of the existing buildings as either a nature center or nuseum and park employee residence. 4.03.Land Stewardsh i Pr ram.The land stewardship program will cons isl pr].ncrpa 1Iy of gradually phasing from culti- vated land to turf establishment on Parcel E, establishing a tree nursery, beginning prairie establishment on a portion of Parcel B, providing necessary access control in terms of gate andfencing, controlling noxious weeds, and to the extent feasible, controlling Dutch elm and oak wilt disesase. Advisory Committee. 5.01 .Advisory Committee.The park is intended to fill the regional recreation needs of the Chaska, Chanhassen, and victoria area in Carver County (as described in Section 4, Local and Regional Recreation Needs Analyses of the Master PIan). In order to provide a means of continuing review during the develop- ment and operating phases, Carver County sha1I establish an Ai./isory corMnittee consisting of Lro representatives from Chanhassen, one from Chaska, one from Victoria, and one from the -2- Minnewashta Regional Park, hereinafter referred to as the "MasterP1an", will not adversely affect the purpose or function of thepark, and $rhereas the City and the Metropolitan Council of the Twin Cities have approved a change to the adopted Land Use Plan from "Parks,/Open Space" to "Residential-Low Density", the parties hereLo acknowledge that land ar:a ?arcels C and D are removed from the boundaries of the park as defined in Exhibit "A". section 3 -Schematic P1an. Section 5. County Park Corunission. The City representation will be appointed by the respective City Councils on an annual basis. The Advisory Committee shall review the County's development plan and make recommend.at ions to the Carver County Park Commission in regard to such pIan. The Advisory Committee shall also mor-rircr park operations in a general way, and shall make recommendations to Lhe County Park Conmission in regard to improvements in operating policies. The Advisory Corunittee members shall also keep the city councils of their respective cities informed of their general activities. They shall also serve as the conduit of concerns from their respective City Councils to the County. Governing Ordinance, Policing, Fire Protection and 6.04.Lake Access. A watercraft access to Lake l4innewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park l*laster Plan Update. Said access is to be limited for Iaunch of watercraft of ten (10) horseporlrer or less and have a capacity of 10 carltrailer spaces. An additional access without horsepower restrictions having a capacity for 25 car,/trailer spaces sha1l be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy. Roads,water and Sanitary Sewer services. 7.01 . be cons tructed Countr,. Roads. A11 roads-EiE-rnaintained,and trails within the park shall including snow plowing, by the -3- Access. 6.01 . Countv Park Ordinance. The Park Ordinance of the CounLy sha1l regulate the use of the park. The City and the Advisory committee shall recommend any appropriate amendments to the County Park Ordinance or regulatory County Board Resolutions as the same may be applicable to the park. In addition, all County proposed park ordinance amendments or regulatory resolu- tions sha11 be reviewed by the Advisory Committee for its recom- mendations and comnents prior to enactment. 6.02. Policing. Policing of the park shall be the resp6nsibili.ty of tfre-County through its Sheriff's Department at no cost to the City. Any supplementary police services furnished by any future City police department sha1l be performed only under the terms and conditions of a mutual aid agreement the City and the County. 6.03. rire Protection and Emer . Fire pro- tectj.-on=-Ind em land- orienLed incidents sha11 be provided by the Fire Department ofthe City. Emergency rescue services necessitated by water- oriented incidents sha11 be provided by County Iifeguards or the County Sheriffrs Water Patrol . Section 6. Section 7. 7 .02.water and Sanitary Sewer Services. Th e county shaIl provide rrater and sanitary sevrer systems through on-sitefacilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory power thereof. When available, said water and. sanitary sewer servicesshall be connecLed to the City facilities at the expense of theCounty. AI1 connection charges, Metropolitan Waste Control Comission sewer availability charges (SAC charges), and sewer andwater usage charges sha1l be paid by the County to the City atthe reasonable and customary then prevailing City rates for com-parable uses. Except for trunk water and se$rer assessmentspayable as proviiled in S8.0I hereof, sewer and r.rater charges willnot be based on a price structure which assumes a 211 dwellingunit development, but rather will be based on a comparison of volumes generated by similar residential , commercial or institu-tional uses. 7.03.W4!er and Sanitary Sewer Easements.The Countysha1l proyid e, cons Ls tent with applicable Metropolitan Councilpolicies and the grant contract for acquisition of the Lake Minnewashta Regional Park between the County and lletropolitan County, at no cost to the City, suth tinear water and iewer ease- ments as the City may deem necessary to provide water and sani-tary sewer services to the park and conEiguous areas. Said easement alignments shaLl not be so located as to materiallyaffect the character of the park. Assessments , Taxes and Costs. 8.01 .Oulstanding Assessmenls .By resolution adopted October 20, 1975, the City levied a total of zIL trunk lrater and sewer unit assessments against the properties to be acquired forthe park. It is a condition to the grant of the within con-ditional use permit that all of said assessments to be paid infu11 by the County immediately upon its acquisition of said prop-erties. Included within said payment sha11 be accrued intelest computed pursuant to M.S. 5429.061. 8.03.City Costs.The County agrees to reimburse the Cj.ty promptly upon invoicing therefor, all resonable and custo- mary costs incurred by the City since the enception of the park concept through the conditional use permit. EligibIe costs sha1lconsist of publication and notification expenses, attorney fees,engineering fees, costs in connection with the November 2, L917public hearing, and any other reasonable outside direct costs tothe City. 9.01 .Inde:naiiic::i:1 .The County shall indemnify of in juryhold the City harmless from tiability on account -4- and or Section 8. 8.02. Tax Equival-ents. In the event the MetropolitanCouncil of the Twin Cities fails or declines to pay to the Citytax equivalents under I\,1.S. 5473 .341, it is agreed that said taxeguivalents shall be pai.d by the County to the City upon demand. Section 9.General Provisions. damages to person or property arising out of the operation of thepark facilities. In the event legal action is brought againstthe City, either so1e1y or jointly r^,ith the County, on account ofany such injury or damage, the County, on notice to it by thegi.-y, :r,a -i de.iend the City in any such acLion at the expense ofthe County. In the event of judgement against the City in any such action, the County sha1l pay such judgement and all costs inconnection therewith, and hold the City harmless therefrom. The County does not agree to indemnify, hold harmless. or defend anyaction or pay any judgement arising from acts of officials, employees or agents of the city while in the park. 9.02.--:--permlt nor Non-Assignment. Neither the wi thinthe park contemplated hereunder shall conveyed by the County without the prior written City. 9.03.Standards ApplicabIe.The City Council and itsthat in the grant of the standards of the Chanhassen 1.).".o,, f, u'' conditional use be assigned or consent of the Planning Commission have determinedwithin conditional use permit, the Zoning Ordinance have been met. 9.04.the witnin govern i ng suant to rthe other execut ion Execution. agreement was d body and executeesolution duly aparty a certi f ieof the within ag Each party warrants and affirms that u1y authorized by its respectived by its duly authorized officers pur- dopted, and each party shall file withd copy of the resolution approving the reement. Mayor Executed thisof Chanhassen. ATTEST: . :'1'/. '/^- City Clerk anager _fr day of rhnlr^t 1984, by the City CITY OF CHANHASSEN By Executed tnis /'i1!' aa Board of C6mmissioners of yof Carver County. BOARD OF CO},IMISSIONERS OF CARVER COUNTY /ul.-- "t1..L.L By '\ 'r --..'\ T=- = \-.*\. -\- \ \ L.r- \---r'\c@ -5- ATTEST: , 1984, by the CITY OF EH[NH[SSEN STAFF REPORT PC DATE: CC DATE: cAsE #: By: AI-J 7 /t8/eo 8/L3/eo 90-9 SUB 90-6 Site Planaff/v Fz () =L(L B UJFa f,) Prelininary PIat to Replat Tero l6ts of park One 3rdAddition into one Iot PROPOSAL: APPLICANT:Dexter llagnetic uaterials Lots5&5 Block 1, Park One 3rd Addition OO Square Foottyoroili R. J. Ryan Conpany 6511 Cedar Ave. S.Minneapolis, MN 55423 2) Site Plan Review for a 2Office and Warehouse Fac PRESENT ZONTNG: ACREAGE: DENSITY: ADJACENT ZONING AND I,AND USE : WATER AND SEWER: PHYSICAL CHARACTER. : 2OOO I,AND USE PLAN: IOP, Industrial Office park 2.4 acres N - Residential - City of Eden prairie and Railroad Eracks S - IOP, Ver-Sa-Til E - IOP, vacant W - fOP, vacant Available to the site. Industrial Vacant 2.4 acres. A bern extends along thenortherly edge of the site uith sone maturetrees on the northwest corarer. Also, thesoutherly portion of the site containsnature trees. A 20 foot conservationeasenent extends on the northerly portion ofthe site. IOCATION 3 FID L OTUS t2 6eOO ooo --7to0 --72OO I -730C ND TJ ?50d -1600 7900 \\ ,r SHAOC* MEN' LAKE 2Taoo '' oo roI o 1RoIo 2 oo @3 -roo0 oo @o -aoo - t200 - fl'JB3 E:!OO t st T roP a(g RSF RICE I SH LAKE ttt -7?OO 3 Dexter Magnetic }laterialsJuIy 18, 1990 Page 2 PROPOSAL The applicant is requesting site plan and prelininary plat approvalto construct a 20,OO0 square foot office/warehouse facility forDexter Magnetic l,laterials pivision. The type of operation thatwill be taking pface in the building will be manufacturingindustrial Bagnets. There are two applications being considered.The first being site plan approval for the Dexter l,lagneticMaterials building. The second being a request for conbi.ning 2Lots into one lot. S ITE PI,AN/ARCHTTECTT'RE The site is located to the north of Quattro Drive. The site planis fairly straight f orirard. Access is gained from Quattro Drive.Parking will be located to the east of the site. The truck loading area will be located to the rrest of the site. The truck loadingarea is completely screened fron off site views by the existing benn and mature trees. BuiLding architecture meets the site plan ordinance requirernents. The main material used for the exterior facade j.s rock faced concrete brick with a single score concretebrick that will be used to accent the building. Rooftop equipnentis not shown on the proposed elevation p1an. The applicant didindi,cate that any units used rrill be painted with a color natchingthe roof color, rather than using fencing for screening. Stafffeels that this is an acceptable proposal. The rooftop equipnentwill not be seen fron Quattro Drive due to the bern to the south ofthe property nor will it be visible from the north due to theelevati.on of the site and the existence of nature trees which forn a barrier between the residential area located in the City of EdenPrairie and the subject site. The applicant has not shorrn wherethe trash enclosure will be located. The trash enclosures should be shown on the site plan and must be screened. PARKTNG/ INTERNAL CIRSI'I,ATTON Parking requirements for the office portion of the buitding is:parking sta1ls per 1OOO square feet which aDounts to 18 parkingstalls. The manufacturing facility is proposing to acconmodate a naxj.mum of 13 eltrployees. Thirteen parking stalls will be requiredas the ordinance calls for I parking stall per employee. The warehouse and shipping area has a total area of 4rOO0 square feet which transl,ates to 4 parking staLls as the ordinance requires 1parking sta11 per 1000 square feet. The total required parkingstalLs is 35. The appli.cant is proposing 44 parking stalls which exceeds the nininum requirenents and which wiII accommodate thefuture expansion. A handicap parking stall is provided. Dexter Uagnetic l{aterialsJuIy 18, 1990 Page 3 USE AREA PARKING TABTE PARKING TOTAL office Manufacturing Warehouse/ shipping ACCES S I,ANDS PING 5,000 s. f. 10,000 s.f . 4,000 s. f. 3 stall/1000 s.f .1staLl/enployee 1 stalL/l,000 s. f. Required total Provided total 18 13 4 35 sta}ls 44 stalls Based on this analysis, staff concludes that parking reguirernentshave been satisfied. There is one minor change to the let up ofthe parking 1ot. one turnaround area to the north of the proposedparking lot nust be provided to allow vehicles adequate spaie toback out of the stalls located at the far north side of the parkingIot. The plans propose two 24 foot wide aecess points onto euattroDrive. ,It is anticipated that the westerly actess wi1l be used bytrucks destined to the loading docks. The Engineering Departnentis requesting that the westerly access be widened to 36-feet toaccommod.ate truck turning movenents and fire trucks. A1so,information on radius cuts for the driveway entrance is not shounon the site p1an, The Assistant City Engineer is reguesting thatsuch infornation be provided and be subrnitted to the fngineeringDepartment for approval . The. landscaping plan is generally ve11 concei.ved although it isdeficient in several areas. The landscaping plan -shows aconcentration of trees along the southerly siae of the site withpreservati,on of sone existing vegetation. we arso believe that thelandscaping in front of. the building and the parking lot is welldesigned. The landscapilg plan faill to show the la-ndscaping forthe northerly. portion of the site. The applicant nust w6rk-withstaff to provide adequate landscaping to thJ north of the builaling.some nature trees wilr be preserved in the northirest corner and thesouthwest corner of the site. we believe that the screeninq of thetruck loading area is adeguate. There is a number of 6xistingnature trees screening the loading docks from euattro Drive. Thaapplicant is proposing to add additional trees io the south of theloading area. The appLicant failed to show seeded areas. Suchmust be shown on the landscaping plan. under the revised site planordinance, financial guarantees for landscaping and other siteimprovements are required. Dexter Magnetic l{aterialsJuly 18, 1990 Page 4 LIGHTTNG Lighting locations are not illustrated on the p1an. Suchinfornation nust be subnitted to the Planning Department for approval . Only shielded fixtures are allowed and the applicant urust deuronstrate that there is no nore than 0.5 foot candles oflight at the property Iine. SIGNAGE signage plans shouLd be submitted for staff review and approval.Stop signs must be posted on the driveray access to euattro Drlve. GRADING,/DRATNAGE The site generally drains to the southwest on euattro Drive. Ther{ater flow fron the parking lot is intercepted by a single catchbasin located to the south of the parking lot shich eventuallydrains into the City storn sewer on euattro Drive. The AsslstantCity Engineering is reconmending that the parking lot nake use ofthe gutters for collection and flow drainage to catch basins on thegutter line at the south end. A cornplete and thorough evaluationof the site grading cannot be nade at this tine since proposedgrading contours were not shown on the plans subnitted. Spotelevations indicate that the nost critical slopes appear to be- onthe north end of the parking lot and on the driveway. Existingstorm sewer inforrnation on Quattro Drive also needs to be provided. No provisions are shown on the plan for naintaining the undevelopedrunoff rate for the site via detention pond, etc. This issue nustbe addressed and supported with calculations to verify the designas requested by the Assistant City Engineer. fhe plans also failto show any tlpe of erosion control. The applicant nust subnit forapproval plans sholring erosion control installations around aIIdisturbed areas. Due to the nature of the topography of the area,it is recornruended that 1\r1te III erosion control be installed. PUBLIC UTTLITTES City water and sewer are available on Quattro Drive. Theapplicantts engineer sha1l provide the City Engineer sithcalculations verifying storm sewer design and runoff rate control and water and sewer service design. One fire hydrant is proposed. The Fire Department is reguesting an additional fire hydrlnC to belocated to the southeast corner of the proposed bullding as shosnin Attachnent #2. The Fire Departnent ls aLso iequestinginformation on Post Indicator Valve (pfv) and Fire Oepartneniconnections as indicated in Attachnent *2. Dexter Magnetic MaterialsJuIy 18, 1990 Page 5 COUPIJIANCE TABI,E - IOP DISIR,IET Ordinance proposed Building Height 4 stories 1 story Building Setback N-lOt E-lOr N-3Or E-13Ors-30r w-1or s_95! w_180r Parking atalIs 35 stalls 44 stalls Parking Setback N-2Ot B-1Or -3Ot Es-30r w-10r s-125r rr-30i l,ot Coverage 7Ot 19t Lot Area 1 acre 2.45 acres Variances Required - none PRELIMINARY PI,AT The applicant is reguesting prelininary plat approval to reptatLots 5 (1.13 acres) and 5 (1.24 acres), B1ock 1, park one 3rdAddition into one lot (2.37 acres). The plat is acceptable. Theapplicant has failed to show the typical drainage and utilityeasenents. Typical easenents are 10 foot front (south) and 5 feeLon the sides (north, east and west). There currenty exists a 20foot preservation easenent to the north of the site (Attachnent#4). These easenents shalt be shoyn on the final plat. PARK DEDICATION TEES The_ Dexter Magnetic Uateria}s will be required to pay park andtrail, dedication fees at the tine the buildinq pernit is-re-quested. STAFF RECO}.O,TENDATION Site Plaa Review Staff reconmends themotion:PJ.anning Coronission adopt the following trThe Planning Corn'nission- reconnends approval of Site plan Request#90-6 as shown on the plans dated JunL 18, 1990, subject to tUefollowing conditions: 1 Provision of trashstorage.storage enclosure for aII outside trash 2. Rooftop screening shal1 be subnitted to staff for approval . 3 Provide one turnaroundparking 1ot. area at the north of the proposed 4 The parking 1ot drainage shall be nodified to implenent g'uttercollection and flow to catch basins on qutter line at thesouth end of the parking 1ot. The applicant sha1l subnit a grading plan indicating theexisting and proposed contours over the entire site includingparking 1ot and drive areas. slope stabilization infornationshall also be provided at aII locations rrhere slopes aregreater than 3:1. A fire hydrant shall be located at the southeast corner of theproposed building as shown on Attachment #2. Fire Departnent connections Attachnent #2. are requested as indicated on A Post Indicator Valve (PIV) as indicated on Attachnent #2. Driveway entrance grades sha11 be reduced to 7t or less andradius cut information must be provided for revieu andapproval by the city Engineer and Fire Departnent. The r^ridth of the westerly entrance, used primarily for trucksshaIl be increased to 35 feet in width. 1L.The applicantrs engineer shall provide the City Engineer withcalculations verifying storn sewer design and runoff ratecontrol , and lrater and serrer service design. t2.The applicant shall obtain and conply uith conditions of the watershed District pernit. L3.Provide 12 foot wide handicap parking sta1l. Curb cut may not encroach into stall. 5 6 7 9 10. 1,4 . 15. Provide landscaping on the north portion of the site and sodarea. A1so, all disturbed areas should be seeded and qrpe IIIerosion control blanket installed. The detail should beincorporated into the new grading p1an. Financial guarantees for landscaping shatl be subnitted to thecity at the tine of building pernit application. The applicant shall subnitdenonstrate that there is no Iightlng planttran .5 foot 16,a more Dexter Magnetic lIaterialsJuly 18, l-990 Page 6 and Dust candles of Dexter l,ilaqnetic MaterialsJuly 18, L990 Page 7 L7. 18. Staff reconrnends thenotion:Planning Coumission adopt the following light frorn fixtures at the property Iine. The applicant shall subnit signage plans for City approvaL. The applicant sha11 conply with the conditions of theconservation easeroent located on the northerly 20 feet of theproperty. rl aubdlivision Reguest rrThe Pl,anning Com:nission recor[mends approval Request #90-9 Subdivision, as shown on the1990, subject to the following conditions: of Prelininary PIatplat dated June 18, 1,. The applicant sha11 show the tlr;>ical easements 10 foot south(front) and 5 feet on the north, east and west (sides). Theapplicant sha11 shor., the 20 foot wide preservation easenent. rr ATTACHMENTS Memo from Engineering Departnent. Memo from Fire Department. lleno fron Building Departnent. Copy of the preservation easenent.Application. Plans dated June 18, 1990. 1 2 3 4 5 6 690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937_5739 CITY OF CH[NH[SSEN { I{E}IORANDU!I TO: FROM: DATE: SUBJ: Sharmin Al-Jaff, Planner I Charles Folch, Assistant City Engineer July 9, 1990 Site Plan Review for Lots 5 & 5, Block 1 Park One 3rd AdditionSite Plan File 90 -6 The size of this site is approxirnately 2.45 acres and is locatedin the Industrial Office Park. Grad i ng A complete and thorough evaluation of the site grailing cannot be made at this time since proposetl grading contours were not shownon the plan submitted. The most critical sLopes appear to be onthe north end of the parking lot and on the driveway entrance andturn-arouncl on the west sicle. Special slope stabilization anderosion control measures will be requireal to stabilize theslopes. Retaining wal1s may also be necessary depending on finalgratles. Parking Lot and Drivewa y Entrance The parking Iot appears to have adequate grade for drainage. However, a more preferable drainage scheme would be to direct pavement runoff to the guttels and colLect the flow via catchbasins at the southerly corners of the parking lot. From interpolation of plan spot elevations, it is anticipatedthat the driveway entrance grades are too steep. These grades must be leduced to 7t or 1ess. The width of the westerly entrance to be used by trucks is not shown on the plans. It is recommend,ed that this entrance width be 36 feet. Entranceradiuses also neeil to be defined. SharminJuIy 9, Page 2 AI -Jaf f 1990 Dra i nage Erosion Control The plans submitted do not show nor sPecify any tyPe of erosion control . The next submittaf for approval should include erosion control installation around aII ilisturbed areas. Due to the nature and topography of the area, it is recommended that Type-3 erosion controL be installed. Sanitary Sewer Service Applicant sha1l provide vice stub that they are service pipe shall also existing sewer stub information for ser- connecting into. Size, type and grade of be provided. waterma in Existing watermain information needs to be provideil for service connection. Fire hydlants neeil to be located on p1ans. One or more hydrants shal1 be installed at strategic locations to pro- vide a 250 foot radius of coverage and to service the entire builciing area. Recommendeil Conalitions The applicant shall re-submit a grading plan indicating the existing anil proposed contours over the entire site includingparking 1ot and drive areas. 2 The parking 1ot drainage shall be modifiedter collection and flow to catch basins on south end of the parking lot. to implement gut-gutter line at the 3 The applicant shal1 provide slope at all locations where slopes are stabili zation informationgreater than 3: I. The plans submitted show drainage of the parking Iot to a single catch basin. As reconurended previously, the parking lot should nake use of the gutters for collection and flow to catch basins on the gutter line at the south end. Existing storm sewer infor- mation on Quattro Drive also neeals to be provideil. No provisions are shown on the pJ.ans for maintaining the undeve- loped runoff rate for the site via detention pond etc. This issue must be addressed anil supported with calculations to verify the riesign. 1 Sharmin A1-Jaff July 9, 1990 Page 3 4 The applicant shalI provide Type-3 erosion control around al1 disturbed areas of the site. The detail should be incor-porated into the new grading p1an. 5. The driveway entrance grades shal1 be reduced to 7t or less and radius information sha1l be provided. 6. The westerly entrance useil primarily for trucks sha11 be increased to a 36 foot rridth. 7. The applicant's engineer shall provide the City Engineer with calculations verifying storm sewer design anil runoff rate control , anil water and sewer service design. 8. The applicant shal1 obtain and comply with conditions of the !{atershed District permit. Jrns c: Gary warrenl City Engineer CITY OF CH[NH[SSEN 690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (51 2) 937-1 900 . FAX (612) 937-5739 MEMORANDUM TO: JoAnn Olsen, Senior Planner FROM: Mark Littfin, Fire Marshal DATE: June 20, 1990 SUBJ: Dexter Material Division 90-6 Site plan & 90-9 SUB Comnents and/or requirments: 1. Add fire hydrant as indicated on Site plan. 2. Fire Departnent connections as indicated on Site plan. 3. P.I.V. as indicated. 4. Badius cuts must be approved by City Engineer and Fire Depar tment . E.7,DEXTER magnetic materials division CI{ANHASSEN, MN ,t: otsl N 29" qs'a5' 12 q3 iizt' q'{'25ii i i !! -9r z l E I I \ I I l I I I \ \ \ I I I J I I I I a a e -,t I ! Iilrl $ s.r \-t- I eSqIoE pi fr>EE E !! Im E E o o,c f e I'I 1 a I It t I c a 33 E I I I I It I t lI I i II Ez t I t, I _o t- zIz6\ arrtIC6 iliiiiiillii ililliilr i !!--trrl 2I (Dc Ez6\ E ill I-.tri t- R t \ I I /) I 7Iti -) I \ I fri, t-- I!: r 1 I )- -t I I I \I I I I tiiI I I\ I I iI!:||ir (; tI II I I I \ 9/l -'/ |I I I I I I ti ti I t \ I I I \ ( I I \\ \ t \ \\ \ \ \\ @Irl tH:i!ii! |Iiiiiii I l I \ I I III iJRrrt Cqrtu.dq! tr.c.!t-'.5o{.-(*r ill[f Ir -+ *,F+lrFa t C{l }a-aaa.a- . MEMORANDUM TO: FROM: DATE: SUBJ: Steve A. Kirchoan, June 26, 1990 Pl anning Case 90-6 Magnet i c Materials) 690 COULTER DRIVE. P,O. BOX 147' CHANHASSEN, MINNESOTA55317 (612) 937-1900. FAX (612) 937-5739 Jo Ann Olson, Senior Planner CITY OF CH[NH[SSEN $e{Bui lding Official Site Plan & 90-9 SUB (Dexter 1) Provide 12' wide handicap parling stall. Curb cut may notencroach i nto stall. 2) Warehouse oay be B-l occupaney. 3) High pile storage may require smole venting. CONSERVATION EASEMENT THIS INSTRUMENT, l'{ade this - day of Ju1y, 1988, by and betrreen FRANK BEDDOR. JR. and MARILYN A. BEDDOR, husband and wife, County of Carver, State of Minnesota, Grantors, and the CITY OF CHANHASSEN, a municipal corporation under the laws of the State of Minnesota, County of Carver, State of Minnesota, Grantee: WITNESSETH: That Grantors, in consideration of the sum of One Dollar (51.00) and other good and valuable consideration to them in hand paid by crantee, the receipt in sufficiency of which is hereby- acknowledged, do hereby grant, bargain, sell , and convey to G.antee, its successors and assigns, a perpetual easement for conservation purposes and environmental' protection over, on and across the foIlo;ing described premises located in the County of Carver, State of Minnesota, viz: The rear 20 feet of Lots 2 through 7, inclusive, Block t, PARK ONE THIRD ADDITION, according to the plat thereof on file and of record in the Office of the County Recorder, Carver County, Uinnesota. The following actj'vities shall be Prohibited within the conservation easement area described above. The placement and erection and private docks. of buildiDgs, structures,a b The alteration of except for removal vegetation in anY manner or form of dead or diseased vegetation. c. The excavation or filling of the eaEement area. tl. The application chemical . of fertilizers, uhether natural or e f I h The application of chemicalE for the destructlon or retardation of vegetation. The deposit of waste or debrie. construction of pathB, trai16, walkwayB, and gervice roads, excePt aB conatructed by the City. The application of herbicides, .Pesticides and insectiiides. l I The storage of watercraft, boat trailers, ice fishing houses, snowmobiles, and any type of motorized and non- motorized vehicles. continuous screening shall be maintained within the easement area by the Glantors, their heirs, successors and assigns should dead or diseased vegetation need to be removed' L Grantors covenant that they possession of the above descri"bed right and authority to convey easement described herein. are the owners and are in the premises and have the fawful and grant the conservation IN WITNESS WHEREOF, said Grantors have caused this easement to be executed as of the day and year first above written. Frank Beddor, Jr. Marilyn A. Beddor STATE OF MINNESOTA SS COUNTY OF CARVER The foregoing _ day of MARILYN A. BEDDOR,husband an d wife. THIS INSTRUMENT I{AS DRAFTED BY: Julius C. smith 252 Southdale office Centre 6750 France Avenue South Edina, MN 554 35 ( 612 ) 920- Is2r instrument was acknowledged before , 1988, bY FRANK BEDDOR, Notary Public me JR. this and ) ) ) IAIID i EIOETECT TPPIICTTIOf,CIII OF CENEASSEII 690 @ulter Drive Ch.Dhaase!, tttf 55317(612) 937-1900 APPLICANT: RJ P.YAI',|C0., FOR DEXTER OttlNER ! DEXTER MAGNETIC MATERIALS DIV. ADDRESS 6511 CEDER AVE. SOUTH ADDRESS 1'1955 MARTIN DRIVE Zoning District Change Zoning Appeal Zoning Variance Zoning Text Anenilment Iand Use PIan Amendnent Conditional Use permit Site Plan Review PROJECT NAME ^1T i\lr,!F PRAIRIE MN 5534'l z p 866-4612 TELEPBONE(612) 914-4535 Planned Unit Developnent _ Sketch Plan _ Prelininary plan Final Plan \ subdivieion D z p codeTELEPHONE (Daytine REQUEST: 1 x SOTA }tEADOU ARTERS OF -!-_ rratting _ Ilrete8 and Bounds Street/Easenent Vacation Wetlandls Pernit DEXTER MAGNET I C MATERIALS D.IV. PRESENT I.AND USE PLAN DESIGNATION REQUESTED LAND USE PLAN DESIGNAIION PRESENT ZONING I1 REQT'ESTED ZONING I 1 IrsEs PROPOSED t-I.rir i;.\r'!uFn C futlIrl. SIZE OF PROPERTY 2.'{+ ACRES L@ATION P ARK ONE, TH I RD ADDITION , BLOCK L t 5, C!-TANHASSEN MN REASONS FOR TEIS REQT'EST ;NEW FAC I !- I TY LEGAL DESCRIPIION (Attach legal lf necealrary)(SEE LOCATION ABOVE) CITY OF EHANH[SSEI'I STAFF REPORT PC DATE: 7/L8/90 cc DATE: 8/1-3/90 cAsE #: 90-4 WAPBy: olsen/v Fz o =(LL ls lrJ E CN Wetland Alteration Pernit for Renoval of WetlandVegetation in a Class B Wetland 6480 and 5490 Bretton Way, Curry Fams subdivision PROPOSAL: I,OCATION : APPLTCANT: 55317 Teresa Bearrood 5490 Bretton Way Chanhassen, UN 55317 Jocelyn Hughes 5480 Bretton Way Chanhassen, UN PRESENT ZONING: ACREAGE: DENS ITY : RSF, Residential Single Fanily ALTACENT ZONING AND I,AND USE:N - RSF, single fanily S - RSF, single fanily E - RSF, single fanilyW-ClassBuetland WATER AND SEWER: PHYSTCAL CHARACTER. :The sites are developed single faroily lotswith a Class B wetland located in the rearof the lots. 2 OOO I,AND USE PIAN:Low Density Residential E.oo! Lo(, I oo! I ooo 6o oI I ooE I oo9 I oo P I oog ooot- I oo(r) I 'I al -r c \\. E il L \ E e- I L At€ tl(E s) t \ ?2n.,---r,f-- - *_, _)-(_' -r. .. @6+.1;u a- .i;E: J :l LArE LT/Cy RD U I L4rE att RD RR Rl2 R,o ) ) R iR+ t j It Bearood/Hughes WAP July 18, 1990 Page 2 BACKGROUND On May 4, L987 , the City Council approved the Curry farnssubdivision and a uetland alteration pernit (Attactuoent #i). Theqretland alteration pernit was approved with the followingconditions: 1 2 The Class A wetland shall be preserved by a conservationeasement establ-ished at 75 feet fron the ordinary high natermark. The applicant shaLf provide drainage easenents over theponding areas throughout the site and not aI1ow any alteratLonto the area. As part of the Curry Farns subdivision, 3 areas of class B wetlands$/ere processed through a !,/etland alteration permit to a1low them tobe dredged and used as holding ponds. The Class A uetland locatedat the westerly edge of the property was preserved as part of ther,retland alteration perroit. The Class B rretlands had been severelydegraded by drainage and subsequent invasion of upland vegetation.Although.the wetlands were of poor quality, the City still reguiredthe applicant to go through the wetland alteration pernit piocessto al1ow the wetlands to be used as ponding areas (Attachnent #2). On Friday, September g, 1989, staff visited the Curry Farnssubdivision in regards to concerns about residents altering thehretlands located within the wetland. Staff spoke with some of theresidents and informed then that the wetlands Located within thesubdivision were protected by the City. The residents that staffspoke with stated that there had been discussions about removing sone of the vegetation so that the open water areas of the wetlandi and wildlife would be visible to the residents. The residents feltthat the wetlands were cattail choked and sone of the vegetationshould be renoved. Staff enphasized the point that the wetlandsvere protected and for any alteration to the wetland, includingremoval of vegetation, a wetland atteration perroit would berequired. Staff requested the residents to organize and confirnwhat exactly they wanted to do to the wetlands and to rneet withstaff when they have a proposal prepared to then go through thelretland alteration penoit. Upon Later inspectj.on, staff found that rretland vegetation had beenremoved from the areas visited by staff. Staff then sent a letterto the curry Farrrl residents stating that there had been renoval ofvegetation around the ponding areas and that these areas wereprotected wetlands by the City and that any reruoval of thevegetation required a wetland alteration pernit. In speaking with Bearood/Hughes IgAPJuly 18, 1990 Page 3 the residents, staff found they did not know that those wererretland areas and that they rrere protected by the City Ordinance.To allow the residents to be heard by the city Council and to clearup any nisunderstandings, staff had the iten on the October 23,1989, city Council agenda (AttachEent #3). After hearing conmentsfron both staff and the Curry Farn residents, the City Councildirected staff to work rrith the residents and applicable agenciesto cone up with a corupronise which rrould a1Io, rernoval df sonevegetation and preserve the renaining wetland areas. On Novenber 9, 1989, staff arranged a neeting at the Curry FarIsubdivision for residents to neet with City Slaff , Departnint ofNatural Resources, Fish and Wild1ife Service and Corps of Engineersto discuss wetland areas, what purpose they serve aid what fype ofalteration, if any, is acceptable (Attachnent #a). As part oi ttrisneeting, the residents requested infornation on our vetlandordinance along with the definitions of a Class A and Class Brretland. A conplaint that the residents had with the City ras thatthe rretland Dap does not show alt of the wetlands and -uhen theyreceived_a copy of the uetland nap, the uetlands in the Curry Farnssubdivision were not _ shown and they assumed that they welre notunder the wetland ordi.nance. Ilpically-, an applicant for a wetland alteration pemit is requiredto. provide a .registered survey of the wetland -area illustfatingexisting conditions and rrhat they are proposing to do. To help th6residents. go through the wetland alteiation pernit process, staffsurveyed the rretrand areas and provided a survey to the residentsfroru which they could rrork off of to detertrine uhlt they urtinaterywanted to do to the wetlands. Staff conpteted the survey of theretlands-in the spring of 1990 (see plansl. Once the survlys wereconpleted, staff again net with the residents sith a r"preseitativefrorn the Fish and wildlife service to discuss t-he existingconditions of the wetlands, including those areas of arteration andnhat should ultinately occur with the wetlands (Attachrent *5).Since we are working to reach a conpronise, we aetJruinea apercentage of alteration using the advice of paul Burke fron theFish and l{ildlife service fron uhich to vork vith. At the neetingit. was suggested that no nore than 3Ot of the perinet"" ot th.wetland be arlowed to be open and that up to Goi of the Burfacearea of the wetland could be open uater fiee of vegetation. withthese numbers estabrished, staff then reft it up t5 the residentsto make an application shoring a proposal for eich of the uetlandareas . ANALYS IS so far the city has rece-ived two apprications reguesting penuissionto renove perineter retland vegetation frorn a crlss B ultiana. The Bearood/Hughes WAPJuly 18, l-990 Page 4 coNc S ION applicants are Jocelyn Hughes and Teresa Bearood, both located onBretton Way. In the correspondence to the residents, this subj ectvetland was referred to as Wetland B located in the northwestcorner of Bretton Way and Devonshire Drive (Attachrent #G). As oftoday, no clearing has taken place within this r,etland. Theperineter of Wetland B is 560 feet which uould allow 1G8 feet ofwetland vegetation to be renoved from the wetland edge. (Note:Approxinately 250 feet of the wetland edge is City paik propertywhich will not be cleared and can be used tolrards the 70* vegelatea edge. ) The surface area of Wetland B is .36 acres (15,682 squarefeet). Teresa Bearrood resi.des at 6490 Bretton Way (Attachnent #7). Us.Bearrood is proposingr to renove ZO feet of cattails fron theperimeter and up to open lrater and then plant wild flowers of sometype of ground cover in a four foot band along the edge of thelretl-and. Jocelyn Hughes resides at 6480 Bretton Way (Attachnent #8). !ls.Hughes is proposing to remove 8o feet of cattails from theperirneter up to open water and then plant a garden and wild flowerarea. The two proposals result in 150 feet of rretland perimeter beingremoved fron a total perineter of 560 feet. This leaves 18 feet oiperimeter which could stilI be renoved and uaintain 7Ot of naturaledge as reconmended by the Fish and l{ildlife Service. It appearsthe Hughes and Bearoods are the only lot ohrners adj acent to thewetland who wish to renove wetland vegetation. The remaining 1otowners wish to leave it natural . staff feels that the guidelines proposed by the Fish and WildlifeService will serve the residents of Curry farns and the City byallowing some clearing to occur yet altoi the wetland to renaiirfunctional. As developments are approved today, any wetlands eventhose used as storm water retention basins are clearly protected bya conservation easement including a 75 foot setUacf which tlrecorded. against each Iot. In the case with the Curry farnssubdivision, the restrictions on the ponding areas ware notrecorded against each lot resulting in the residents not being aware that the wetlands located in the rear yards uere protected bythe City. Therefore, in the case of the curry Farn retlands, stafifeels that such a compronise as that proposed by the Fj.sh andwildlife service can be justified and supported by staff. AIsothe appli.cants, Teresa Bearrood and Jocelyn Hughes, have in goodfaith waited to receive a wetland alteiation pei-nit prio; toperforming any reuoval of wetland vegetation. Bearood/Hughes wAPJuly L8, L990 Page 5 RECOMMENDATION Staff is reconmending that the Planning Connission adopt thefollowing motion: rrThe Planning Cornrnission reconnends approval of Wetland AlterationPennit #90-4 for l6ts 4 & 5, Block 2, Curry Farms to allot a totaLof 150 feet perimeter vegetation be renoved fron the Class Bwetland with the folloning conditions: 1. That no rnore than 168 feet of the whole perimeter of thewetland shall be pemitted to be removed. The wetland vegetation shall not be removed during breeding season. If any purple loosestrife exists within the rretland vegetationproposed to be rehoved, the applicants shall follow the Fishand Wildlife cuidelines for renoval of such vegetation. The applicants are pernitted to naintain the 15O feet ofperirneter open and will not be required to receive a wetLandalteration pernit every tine the vegetation needs to beremoved. rr ATTACHMENTS 4 1 2 3 4 5 6. 7. 8. 9. 10. Certification of Wetland Alteration perroit for Curry Fams.Plan showing wetLand areas.City Council minutes dated October 23, 1989.Letter to Curry Farn Residents dated Novenber 1, 1989.Letter to John Wil1nan, Curry Farn Resident dated ay 25, 1990.Letter to Curry Farm Residents dated June 4, 1990.Plan and application for Bearrood.PIan and application for Hughes.Letter to Curry Farrn residents dated [ovenber L7, Lgg9.PIan of uetlands. 3 ' carver an.r i:I":;ft3:X::i:3, Minnesota rn the matter of chanhassen planning case : g7-G l,Etfand Arter:ation Fernit Owner: Centex HcaEs orporation Street Addless:P.I.N. zLoL 2z 25-2620020 Lega1 Descr iption:Iot L2z 25-2620120Iot 1 3: 25-26201 30 Iots 1, 2, 12, arts 13, Block 1, Orrr? Parms Purpose:Fbr ilevelopent $,.ittlin 200 feet of a Class A r,Et1ard. Zoning District:R.SF, Residential si.rlqle Fanil v The above entitletl matter nas heard before the Plarurirlg Gnnission on rf22 1987 and up for finalaction berore the Ch anhassen C ty Council on , 1gg7 Planning Fi1 e87 -6 l,getland Altet:ation Perf,r[t to the foUcidrg conditicns: lte Class A !,etlard sha1l be preserved by a cdrsenraticn e^"srEjrt establishedat 75 feet frqn tlle ordimry high rrater nark. State of Minnesota ) )ss Carver County ) The City Council ordered that a(pood be granted based upon the I 2 I, do or Bartara Ec.yhereby certify that Iiginat record thereof, City Planner for the City of Chanhassen,have compared the foregoing with theand have found the same to be a correct rretfand alteration t documen tat on containe ea1 of Clanhasse n, Minnesota, this1987. and true sumrary thereof. Witness my ha24th dav o nd and official sf fibvarber Plan NOTE : t.r'i1 \ ha nhassen City Applicant: sElnE Iot 1: 25-25200!0 the applicant shal1 provide drailage easqrEnts over tte pondjng areas throughoutthe site and not aI1o,r any alteration to the areas. . -,.a-r--.r--.- u ;rI I P il*,r.!v,.Vi E)Io5 z d E ts z = E t '...-J Lii f>0,. ti it i: e9.i Ea li ';E i: EH,! ;{F l- rt ii,rl !iis' iitJ; F ilt< I I J I I ir ,l t I :TI ;l t]j f.i tr I I I EEifi lln lld 4a fi fll, xi nli tl ,l -) "\,r ii It )-dal.ol).IMAvatw I1 l=t /l t-\il lr I rt ft-tt t -'liil i r \t +7tr Mzry li t! il il I t"-'- MB ll 1- il I I I ! i i. b€4> Citir Courcil lGetirg - oc er 23, 1989 6. Ittilia c!rcrete curb ard gutter ard design it to clnnect to tqpr:ovgrEnts in Par-k Place tlnt will be installed b:, the Cit:'. edd an a&itional catch basin at the Park Place curb ct:t. AII stonl set€r leated in prbtic eassient or R09l sha1l be reinforced corcrete pipe. 7. Eosion controls are to be in plac.e prior to start of rprk on tjre site ard raintairrd until site restoratim is cqrErleted. l& itional erosion clontrol nray be regui.red alorg tte south prolErty line I staff to [revent erosion lnto Ildrk tlcad. 8. ldd a fj.re hldrant m t}te Frkirg lot lslarrl located off the mrthlEst corner of the buildirg. 9. Proviile lightinS ard sigrnage detalls for ttaff re\rielr. f,ll votd in favor ard the motim carried. CourcilFEn Bo:8: could I ask, could re go right to 12(b)? &urrilwo.ran Dbiler : I ' 1I secotd that. r.jl2(B) qrnRy EaRilS wE[ArirD ALIEATIOI'I, SENIOR PIANNER. Y Jo Ann Ols€n: lhj.s tns brought in front of tlp 6urc11 tonight becaue thele's been sa're activity out in Orrr!' Earrtls rhich tgfically rculd require tlre residents to go thror)gh a netlard alteration pernrit to rsrpve tlr vegetation arourd t}e pord ing areas. ltre *role tr[pose for this rEs just to, I know that ttey rer,e goirg to be contact witlr tlE Oourcil, was jtEt to brirg tta,r rp to date r;th r*lat rEs bappenirg ard to allow the residents a charce to Epeak. I krr}, itrs really late ard this could be a teally lorg itar so lrll kird of openlt tt, to for tlstr brrt essentialllt r.hen Or!r!' Ebrms Errt through t]e suHivlsion process, tley also rEnt through a wetlard alterati.fi pelhit ard there uere sa'e lor, Class B rEtlar€ ar-eas that Ere dredged ard allored to be dtredged and rrEed !s Pordirg areas. As IErt of that, tlDse areas have trketr m Er:l lties of ar€tlard. the:, rEi, have cattaj.ls ard otler Etlan, vegetation. llhere has been BorE rstrora] of that vegetation. Staff has cfitlctd the resid€rnts strtirq that tley rculd have to go through a Etlard alteEation per:rrit prrocess for thlt to be F!ftittd. t€ urderstard their reasonlrg for mntin, to rsro\re lt 1g to allow vlerrs into the pcrding .ireas or to allfi tJEn| to be ll3ed Etlvel:r llke in the yint€ttirrE ard rp rclsprledge that there rnight b a corpronie th.t E cln ccFE to rcrking cn brit tlE:' do have to go tluotlh the process beca-oe r[lat ls happenirg rsr ls not ttE clrrect *r:, lrd lt's r€nrovlrB a lot of tlE ecaetltim md trking aray tle benefits of Ure area. so wtut that I $reas trIl let tlEr, brcver lur yant to do this. la:tb h.ve orE qrohe{rerson. llalor Clniel: tratrs rhat Itd reall!, llke to &. Qn e have ! qDkeslrrton for thls? Jo enn Olsen: lrd there Fuld b ,D d€cisions naile tonlgtrt. AIeo, there are residents $tD also & rpt like rrhat i5 happenirg out there atd wish to 8€e the vegetation renain tm. a.1r1', rl- \l,r 84 V'l Qourcilnan Boyt.: r uould errourage uli to listen to anltody that rrants to talk. !'ta:ror ctDiel ! I'Fr all for that too but as rorg as lE can confire it to vervshort, brief, point. Please state:rour name ard pur address. F.F.: spiess: ry r.'E is. Barbara spiess arri I rive at 56rg Arlirgt' 6rrrt.I think first of alr tbat t}e uhole sittration didnrt need to c\cur-. rt rBs setP as Jr advesar ial sitrratim.with lrople frcrr Citl, plarvlirg corrlrg in,informir.g people tlEy sere golng to fine thgrr becairse lt mi a .egist i"a cr.""B eEtlard. r don'|t urderstard. r€ checked tlE plat ard r carld ard several. ofus have ctecked with carver coutv. the recorded descriptlon rerich rai approvedU1 lfe City has it lj.sted as a driinage ard urlllt:, easdrent art tie Grtii:.cateof Title show no covsunts, no restriitions, absolirtell, no coniitions.Dedicati.sr. of tlE plat shor6 rp retrard designatian $ E continued to moue on.r called l{iss ols,qr 16o told ,= .t}r"!- cn Eidiy ard E haat a r'eeting - nia"1,.fterrrfii, she infonrrd that:reah, ttey possiLty rpre re,riss irO tfrii ilss'ething that should have been dbne ard probabry Fuld be done in the futrrrebut ha$rt been dore to date. so 4, qrestion cie back to, thi.s *"" rot .u-. "!o{ erlor to it bej.ng created as a detention pord for tJE area. So tnen -t- eicx+ rp,the zonirg codes. r€11 page u89, sect!.$ 24g4 sstabrish,ieit orI{etlands, if r can read tre last trio senterces ln that section. rt Ealrs t}errEtlard FEp entitled tunlE".-, I{ellaF tlap datd tay 22, 1984 ls treiai aAopteaas prJ:ra facia evidence of t}le Etlard arels anil ar, 6tficii:. -p,1, i"--'fif" lnthe_office of the Citw Clerk. tard rithin the r€tlard are straii h class:.fieaas class A r€tlard or class B Etland as der ineat€d m said rrap. rrw-['ve gota. coEy of . thi.s nrap ard rE're not del ineated as a class t or cliss s r.Eiiard. Itdidn't etist in 1.994. It Hrs a horse lEstute froq rdhat re,yUerstart-=o tf.nthere ms a rittle bit Epre confrrsion. rtere.s rD notlficatior in tre-ion, ot aretter or p:bl ic fornr or anlthing cal.ling us togetlEr. rhere si sirrrpr" anotification by city prannirE of 3 farrllies out of 3{ that are t,p";d=: tlhen r ?s!ed $frl, tlE rest of us r€ren't noti fied 8o thrt e could t}ren riderstand tlrelnfotr'ration, it rfas erpraind to FE that r{s. orsdl assurred that ttD€e 3 faril iesrcu]d rotify the rest of O[r!, Ealrns. I think thrt,s a llttle, ell uryrny. Itdidnrt hai{En ard I don.t really, feet it tas their .*p",.,ribiiiti:--ag1in, backto where_is it itesigTEt€d as a r€tlard? r can fird lt-calr* Jiryti,i[-er""pta Etlard. lbr, !€. olson told l'E th.t it h.s been . Etlard forevir. fou, ipicked p sq.. a&itisEl lnfou'aticn ard that infourratlan s"ro-tt "t - rn-igaz$hen Orrr:r_Ehuis ps pcoposed Jd uhen:rou sere Eolng t],rough'" Ciiy Ourtcif _.PProtral of tlE p1at. tbat ! f. REt$,eIl ras caild-ln ard-l as;G &1," Or.Roch€l] r*ro's fror tle federal go\rerrwrt? Eich lrd wiuriie.--r. dLrr,lf it's alsra!,s been a Chss A re[I9rd, *[, Bs gr. 16chrell ""ifO-L-to'deteu'dne rtetJrer it strould be ddicated is a etlard o. ,pti:i urrnra, re aLl:o totally aonfusd as to r.tEther thre ls a Ethrd ard r thtnr ti *r-" * "lot of issues. urrDer are tJErer r ! - safetl, rgs,e for *t ari rd..i.-irE- reasard cattlils_have gro*r q to tlt potnt ntrere E c.rlnot lee to tIE inierlu orqF! P..d. rhere are 62, alprorrr:rtery to i0 ctrirdren "u."t ssi,*ili-iL .g"of 5. Itts canrt Eee that Eter. Itoee- reds tot!Il:, ,pr, c p"L;G-&tiktng tharr _ort, ercq,lEss€d ru of tlEt. r thtnk -tjrerci e-a i.i"w-irii "ruthat it neds to be cleard out. t*'re rr,t askiry that tt L -r,riio#ii":.rynPed or r*nte\rer. All erre asking is a qrternihlp ,ritlr us.-;iec;; it ,fth,s. Ddrrt core in eildirg a clrs ard telling ,rs tfrat e have v6i;td ;Etlard ordinance rtrere r€ "il,! fi{ aytnfn! th"t desig,Ete; ;;;1"d-ordinarr.e. tbt an HE rrp rtrldr zmiry -sal,s ia prlru taEia e,riJ#-i-i*u"rt"-d tjte Citlt of Chanhassen rcr cr plats or-sr eitlfi*G;i-;lA;;- - Citlr Courci I tbetirg - ttober 23, lrg'g 85 City orlEiMeting - C ')er 23, 1999 ded ications of plats, -Ihilg. lrd I think ma1&e tiere rere sclqe hurt feelings because r€ didn't j ust sfurpl:, acleE t what re l9ere told to do but there ttras lgnarctr done by tlE people r*ro ere jnpacted by thts in Our:, tbrns. I Frean r€didn't just layr ahr t* !d. Clty plannirE. -tet's go out a-ni Frll reeds. f€did lok at it. t€ looked ver], caiefrrlll, a[ it. I€'ie also rrdirstood frcrrcalls that erve rrade to Fish ar6 rliLd"Ii fe ard tte DilR that e! re goirg to rose*Et wi'rdrife re have there or hld tlEre last lEar ln the fosrr of Srrki andgeese beca're if ttey have_ro access to strorer- tley rtu-rp-rorg&-;; 1' tr=." P ^ft.- So.n:, F:t question is, r*Et are e dedicating this t5a Wrat is ourglan?. ltra! is _tle lorg ter]'. goal that rE,re l@kirE to-dto? ts it preservationf9i -!E sakg of preservation- for a- detention prd oi are re roking to bring inwildlife ard nlp are tte ecglcgical envirorrreital subject nratter eiperG tutare goirg !o tErp Lrs .n, teu us rdtat e stror,Id be doing. te are nr6ie tlranhapFy I think ard I think I can stEk collectively f or [,te people that are here,rErre nore than happy to be clolErative brrt E.d like to see s;e sort of apr"l. Technicarr:r, if 1ou get dorn to it, there are drainage areas a1l over.Drainage eass{ents are everluhere. Are tJE:r al1 considered-a rctlarrli nfratconstitutes a uetlard? cE cattail that grors where tbere's Uater? l€ donrtEderstand ard He are seeking t}at inforrtution. l6w one resident $as tol,d thattp r,prrld get that i.nfor:'ration but that has not been sent out to hirrr frcnr theCity and re have sought t}!e inforrtation. Ihen rfiat halpens *ren :rou get to tbepark. - I prean is uE par!( a rretlard? . cari tlE peopre aiouro tlE park iot db an1,grocnring of tlEt at all because tectnicall!, if rci re rrsirg t}e do,e stard".ds,-then thel' have to be unilater+ alr the ray arourd Granhalsen so ttE park isalso a rEtlard . [Et re a little c!'lfrlsed as to r&tat direction that ciiy pranningrculd like us to take ard I think sE're arso a little confus€d ard Fal6e, iftj)ere's an:, anger at all I think itr s over tle fact that *Et E eople Lre toldis re can do this to :rou becarEe eer re tbe C|t:, ard I think *trit ie're cufrrsedabout r€s tE thought lElbe rE rrre tle City. l€:,be as taxF:rers rn rere theCit1t. lE reren't ts--lrg P destroy tfe propert-v tor our pio-perty values. t1pr, retr]ring to q4rade it. rF kEw r€ ere reqnnsiEle for nalntinanle ana retbought r€ r€re naintaining ard re rerg given rr other options er(c€Irt Btop.bn I t torEh j t. you do rDt have tlp right ard r think, i 1,:st don'l 8ee tfiatthatrs a very pragpatic approactr. &ritable for ttn Cit1, oi for the residents ofo"r:, EE,x,,s- It doesn't-FEke . great deal of rearistic Eense to r€. tong terFror short terlr. ItE cattails ca? Ep-v- but_ I donit 8ee that m.ve acsq'|Pl leiedu1'thing ad right rrw the- ey it looksf lf -they o\rergroL, ard tiose drilrugese$ers or the grates are clogged witjl al.l of this th.t are golng to fallelrentrEll!' utEn eE ret it grow.ln, ttEn r*rat haEpens? Does- lt Etek rp ana go l*I i" our $ck yardg as it did last eprirg ant ttsr r.h.tr s ttE ilpaci to€ttrishas lake? r tiink tlErer I a lot r@re to lt Jd t don.t see tiat anlrmehd a-lorg- telrl| plrl as to -tDw lt Es sr{posd to be h.rdld. }b IErametcrsles'Ed to have been seatedl at !1.1. rd I grEs I.tn a little blt cdcernd. Idstrt unle-rstard, lf Ciq, Plannirg nntd to take a rtard on agt1;rds, rrtlich Ittink is fine, r don't rrderstard *ry tlE tirtE ard tfr tax dorrars eie 4nnt o,r !E rrEde dralnage ltd utiliqr eaEgrsrt, essentially a dbtentim pord. ZtmX lDu. l,b1or Gmiel: Is tJrre ayue else r&o Euld 1tke to lad to tiat? Jo&n nilbran: - lA nTE is Jotn ffituqgl. t reeide .t 6519 tlellslelr 6urt. t rrrr me of t}!e 3 of t*tictr theyr re 4eaktrg riho rgrpvd reeds frdr tle iart. r*rat rsuld like to do is atnr 1,o.r aoe pictrrres of tlp F d lf r r'€y of rtren rry tDuEeEs first being bdlt. rt si1I cror you r'.-eicarly ttE nrturll aqrect of tlc m:, 86 Cit:r Oourcil lEeting - rttober 23, 1989 87 t]te pord looked anl tts al.rra:/s FEant to look in q, oplnion. I wish I could be as eloqrent as Barb uas in erplainlrg our tlnughts. Orr nrain corcem with ttre Polril r ny wife ' s and Fq,seL f Es not just to OIEn it rp for oIEn r€ter but for tlrefact that rE have tr€ ]rourB chi ldren ard re were ver]r, ver:, corcerned about thgrrgetting lose in t}te reeds so to sIEak. So eE took those dorrrn. ltct onl], did he do that but rp went ard rc nere very ecolcgically, for lack of a better rrord,Fotivated. Irb called the DNX. I.ts tried to get in centact nith tlre CityEgineer. tq wi.fe left retrEated nessages for hirn to call. lt' iri fe is alwala ; hqrE. She des rDt rprk ard rE also h.ve a recorded. l€ rEver received any infos'raticn back frcrr this gentlsqan. I realize that tE is a bus1, nan so wttatE did do is rp cal.led tle DltR arr, I asked t}terrr about renorral l first of all ifit rzs a rEtfard acr-ordirg to the State hrhic*l tt was not. Sire it Fas not, I asked hirrr if tjEre rEs .yur problarl rgtro;ing t.}p reeds. Itt onllr did they teu Fe that there nas rp problsrr but the:, also told FE er(actl:r tpt, to get rj.d of thereeds. So I grEss rE rrre ctorcerred rrrten Fople caie alol..rd ard told us tbat lttj.s uas an irrqrrobable or so€thirE that slruld not have be€n dorE ard I , d j rrstlike to sa), to :rou all tbat it Esnrt dorE to irrEEct or to hurt tjp envirorrqent.,It was baslcally dore to protect our childrgr ard to give a chare for tte drrcksard tle geese to be able to get to lard so ss'e of can feed thertr. I* aFpreciatetlat. Thank \rorl. ltrr Schafer: I'n Tcnr Schafer. I live !t 55gl lE\ronstri re ntrich ls tot 12 onthere. I clDse that lot because of it,s cllrlate orientation. fhat sas verv inrportant to Fe. I{!En I ral.ked that lot ln t}re spring of i88, there rasn'i a drop of lrater ln that back:rard ard wtren re $ent to Iook at ttE plot plan of the subdi.visi.on, I notic€d the i€ter shorn on there arrl I asked the salesrtan rtratthat rras ard te -id it nas a stotrr retentj.m pord. ItEt r,as his rcrds. He sald that all the rurpff is 6rentrEll:' going to fiII tiat thing rp to a Eet Poj.nt ard that's tlE r€:, it is but :rou orn that propertlr. Ihai,s lour tard backto tbe center. ltere tle Lines rere shonn. Iilrl lEre to salr that there esn't ar:r rEter there in the sprirg of r 88 ard if that rEp Hurs dore ln I9g4, tprrr cruldthj.s have been desi.gnated a Etland alea? Ihatrs nry cornEnts. Ihank you. I'lalzor Grtrie1: Ttank 1or: ltorr. An:rorE else? Okay. OlEstlons Oourcll. Barbara $riess : Ould I sa!' orE nbre thing? I.n sorry but. . .ryd I Urink lt's very - relevent and possibly not to the.detention pond Erre discussirg brt indrivirg arourd ard non beco'rirg conscienoe rbout thi6 ard 1n lookirg-at registered class A Ftldds arourd t}e area, there are a rrrrDer of Class AEtlards ard itrs ve4/ visible frqr tiE road. c}E doe$.t have to travel far tofind t}lar, that trees .re being ferred cr tjgrr. Dlrt la blng norrdeit Eo rrterls diverted. ltE:r are l€gitilEte class t Etl.rds ard r $EBs that corr.erns ne -f.ol q gcofoglcal polnt of view tlut Class A Etlards ot rdi t FuId .tpear tobe legitlFEte Class A rEthrds are possibly beirg abetrold oE rltrrd-;rd l,r,rcertainl], rot es-tlrE aslErsions at the3e pople, fayte tlE:, hlve a rlght to doIt brt r think if a r,ap has rErrer be€n qriated Blrr l9g{. pilortties afiouE be such tllat rE stlrt lokirg fo1 t.hoge cl!s! A Etlrrds rou ln gotecting tbarr andlist:rg UEr, lf lrdeed that ls prina facLa elrldere or a nrap- beca,ree it lsbalpenlng aid they are dl 6rer tlE !re.. lnl r took !'l afGrrron iust to drlvearourd ard see ard ltts rrrzirq IDU rqn:r, !,qr cJl flrd lu6er rtrcka tus hlghEre trees have been lelled m Etl,lrriE. s*re have been rbsigrruted ar the ''lapard ssre are rDt. BIt lf E tru.l!, are oorc€rn€d lbout tlE rrtlards ard tt:ra isaoething t}|at lF rant to do about tlErl, I thlnk it rqlght be a terrlflc place tostart in possibl:r tflose Class A rEtllrds are beirg destroyd rnlght be a ireat place to start. lttank !Du. oourrilrran ltrlfian: Gr:r, arenrt !E rlapplng right norr? Gary lihrlsr: Fror tle ergineerirq deparb€nt re have rD rjetlards Flap thatrsbeing pr.elEred, rD. t*rve done erial toSrgraphy of tfte entire citg, in lptil soe have a database. bt:rEitnan t{crrran: lpolog ies arl arolrnl for everybody r grEss. rtrs kind ofrt issue r grEss that, r didn't ask if tbere ms angoiy eise that santed toqnak eitler I grEss. I rrtr jurBing in but scrrer*rere- a rtr-isurderstandinq qot lnS? *y ard rpw rErre. usuall), itis lour r*ro1e neighborhood against G.- Xot tferrighbors agai.nst each otler. tfiren rp have develolrrents ard rE need to create aretentim pord ard re,re goirg to rE€d clarl,ficatior on rEtlards ourselves fob"bly. Take orie pod for elarple, say the Rose$omt pord rdrich thel, had tobasicalll, creat€ or- an:, othq tnuslrg &veloIrrrent, e ask ttg'r to FEke urEvenbottq'ls on those pords. ttw it shorllat be sloped. rihat should be planted arorurlthsrr. Tteyr re rEant to do man!, thlrgs. Ore, take care of tle fillration. ThetEter t})at isnr t going to go an:n*here because of the lsrcs t4r arrl arorud and r irrr rirgirg this orE here, to sift through - the mr.rl ard so that it non't go intoother larger t€tlards ard to also provide for wlldllfe. 6rrect? So it,s suPos€d to do everltthirg. It I s not ttEant to be a -t er . It is rrEant to be aninfiltration place $hlch becar:se of develolnent has been taken al,a:, and so nheretlE City decides ard wtren ttEy decidh this thirg is a Class A r€tllrd, ispEobably l{) for anlbodyr s guess. bturilnran Bo:rt: ltprets a preedure. Orncilnran lsrloran: Ert it's FEant to be, and Birrrs had a lot nore and r.nrsrre if Ja], Johnsm yas here. he,d be foarirg at tlE rtputh right rpr.r. So puloow, Itnr srre j.f lt looks like a rEtland, it probably ls srE in rrry rrrind but howtlc legal, how tle e!(act descliption of r.hat that is. Ot Eilrqan Bo:'t: I think staff opened it lp nith the right aproach nben tJreysaid- thel' Fjry tr.y can rprk *itt, tb neighborhooit to get sctetlirg that people can Iive rdth. fhere is agparently a good bit of c.onfrulon here. lnf,tir,e- ttratI thlnk tlpse of rrs *tp rork uith ttree l.ssrres a lot FEke acre probabiy tssr.lPtions that tlre rest of + gcrnunl-ty, rrraybe e donrt do J ver1, 96A 1oU otducatlrg tlEr about. ItE Etlard nag ln rc E!, de3lgnates aU tlE- dttards inChanhassen. I think it ss a prett:, dlvgtient ny oi raldng re tgroo tlese aretEtlards -but e\rer:tirrE- a de\rel.oEtE rt @ ln, tf s nrspect tlat there rnlght bea rEtLand tlEre, re .sk Rlsb and rlildl.tfe or tJE DNR to ccE crlt yith orr a,tart.td_ go -out ard tlry- lrwestlgate. ttrr ol:r intent as ! clt:i to rut &alnEtlards so re reqrrire !'l alterltion pe,Inlt for anlure rlro- nnts to ctunqetIDEe. :f lts. q)iess discoirered eqre darrage belrq dtdE to Etlards, foi *oufareport that. r think thatla :Dur. responslbLlity to db tnat ao E cln iorlor rpCl tlEr. Ihere la, Iuq let re tlke a rninuE here a1d Just sa:, f think li pu 9!l,t cqE tP witi ! Pfan +t- irEnoves ttE rbiltt!' of tlc ettard b db it,; Job,tlEr rrn srre stlff rlrl b hap to wk yur rtttr to accopltdr tnat ard mab.trlngsrE rts wtth the DNR ard Eidr Uld wi.ldltfe att as a carrrrrmltv, tou r'lav Ellbe able to accopllstr sqre of ..tr!t lDu Ent ard Btlrl protect trrai'aiea. itEsqs to re like tlE reasonable tning to ab. Cit:' CorEil lGeting - & er 23, 1989 88 Barbara Spj.ess: Can I ask a qrestion, and I'm confused again. So lrou're saying that rdhat eE tlDught r€ Frrchased as real protrErtlr, even though there is an ease!€nt on j.t, rE ryderstand tIat r. but r*tat rE felt rss prchased as rea1 ProPelE :,ou donrt have to deslgnate on a r{etl.ard FEp. You donrt have to declare a r€tlard? You can just sbply at an), given tirE sa]r this now becqrres aEtlard. You stDuld all be auare of this ard as you are subject to h,tEtever fines will ensue if 1ou touch th.t [ErticuJ.ar Etlard? CouncilFBn Bo:t,: tts. Spiess, itrs fairl:, cqrrrron for tlE City Ourcil to require develq=rs to build Etlards rattenever tlEre r s an olportunity. So if tberers a drainage pord rE, as ltn jrrst rrentioned r rerve got 5 prett:r Epecificcriteria that the developer rEeds to fol1oL, so that that witt teco,re a Etlandif it isn't ,Dc or€. fhere are criteria tirat Flsh ard wildlife hrve that set apart ttEse Etlands in terns of r*Ether tle1,, re Dpe A or T),tr,e B. lltr City is mudl rqore restrictive in lptr it hardles Etlards than ttre Stat€ of ffinnesota is by intention. l€ bave a great nEn:/ Etlards in this city ard re feel theyr re extrg,El:, valrrable. Staff can go through all this ,ith !rou. ltey have a lot of backgrotud and I think t}at the:rrd be grite willing to Eee lf sqrrethlng can be resolved witl) tle neighborhood but itrs nqr urder stard ing that the deveJ.olr'rent contract set tlose q) as future rEtlands. I knoh, tlEt given t}le history of the@urcil, at least durirg the 3 years I rve been m lt, that eDuld have been o,:rintention. If there rculd have been an1, possibility of creatirg a r€tlard, rE rDuld have dore it. Barbara Spiess: I tlink t}.tr6 firE. I don,t tlrink rc...and I,n back to nrvoriginal qEstion. there is rD prcess then? orEe it does collect a,y ,otir, then even though it is rlot designated a sEtland, then e shoulil take tieinitiative to call ard sa:' does this rs, crnstitute a Etlard? @uncibEn Boyt: lEIl I can tel.l lrou tiat a r€tlan, is a Etlard blr characteristj.c, rpt b:r identification or tte map. Barbara q)j.ess: Right. lrd rfiere do E get tlDse ctraracteristics? deutented? Are t}ley CotrEilFan Bolt: Yes the:, are. Staff can give 1ou ttrose. I{ayor Gnriel: Rather than havirg a lot of csuersltions golrg brck ard forthhere, r&Bt I idl really like to see done is that 6t!ff does rcrX vith tlrercighborhood. Ird afso l.ike to se tn"t tlE!, let q, a sFcific rrcetlrg night.Bring in the DtlR. Fople *!o can lnfoun !'ou as to *Et lt ie yrit nhat-lt consists of ard hoFfurly e can resorve the giva Eoblsqs th.t lre tiere. sorith tbat.Iid erggest. that ti.trs rrh.t F & ard E {Drecilte ttE frct tbat },oudid cc'e in-thls errsring. lErre rcrry that 1ou h.d to Eit so lorE brt lt.s fieof tlrose thlrgs. ourllsrran drnler: I jlrst Ertd to lsk Jo lrrl, dld t reail rorgr*rere tiat a 75 foot Eetbact ls not requlrd? Jo ltn Ol-n: trat ls corret. l{lUr tlris, tlc m13r area tt€ 75 foot Dtbackms requird ln Oury fatrrs Es slth tlE Class A, tlE large Etlsrd to tlE Est.ItE reason thlt tlE 75 fot Etbrk Es ,Dt r€quird rttlr t}ese !!c!s Es tJlatlt ErId renove all those lots arourit ttrere. ItEl, felt that ttEg rere lcr Class B rEtlatds. $at tlE:, Ere goirlg to be irqrorrd ht tn t tle 25 foot letbrck 89 cit:, oourEi.l lceting - 'tober 23, 1989 Esntt neoessErr:r at ttris tjrrp. lhat Es IErt of r€tlard alteration. omcilrnq r DlFrler: It Esntt rEcessarlr becar:se it Esnrt considered a rEtlardmrth consider i.rg then? Jo errl Olsen: llell it Esl.t a large Class A rEtlard. bryrilm,gn Dinrler: I fird that a little bit... .tro Ann Olsen: It's Just that IErt of Frkirig rdth tne develoler r it Es Justore of tle thi.rgs. . . Otlrcilngr Bql't: &FL..arise. orycilmran Dilrler: BIt I rEan, that dtces glve a double F€ssage.point.'ltrrat Es Fry " lE:'or G!de1: An:,E:r, I rcrr1d like to -e t}!at dlrection Bj.I1 ard to Frk erlthtle nelgtrbors ard to have a rneetir€ ard invlte DNR in. titp muld be tle lnjlividr:al qpkestrErson to be contacted tlEt Jo Ann can rske t}e cont ct slth? bn Astrrnrtlr: l{aSe if llarn, !,ou could pass rrourd a Eheet, E could get ereqDody's na're and add'ess and rerll send it directly to each one of tJErl. Jo Inn Olsa: I've already got their dresses. llaSor Grrriel: You have a list of tleir nrrres alread:, ard dreases? Jo lnn olsst: Ihatrs r,?[t t]e1tr re bere tonight. lbn lshroi'th: ttat pu have ls t.he orrerstrip for tle Grrry Errrrs arca? Is there uryore orrt there uiD is not an oune[ ln tbat area? Okay. So e have lourrirrEs ard a&resses. llalor Ctlriel: Oe:r, thank:Du. fS 4preciate pur cc.rlrg in rrit havirg yur sitq) uittl us t}ris late. tits reeded it tD kGep uE !Eke. BEIITE{ APPMISA:, FG ORRICO PROPBIY. orEllrqJi brlBlal s I FrId denial rigtrt oE rtprre m ylttr tt?E bBve to discrrss? lr lt rcethirg Otrrllslgn Ddrqler: leah. owrllnran t{orlqrEn: lsnrt lt ded? Loll EietEErE: Basically trhe hrk Grrleslon renlcrpCl tJn a![raka13 th.t se FeIEId fc[ tle Ciq, lrd tIE o|E !n"t EE PreE.rd fG ttE larrrosrcr. tttycae ln .t UE, tle tlD that cqlE in tlat Ee FeFrd for t*re Cltg cz': ln at $38,gSS.gg .tt $9stggg.gg for th etitlre ll ac:e eiE atd t't. 6r;!s9t3 ca'E lnit i33g rggg.gg for the aitc. llr Erk.rd Ecreatlon &rruhsion fclt thrt gotng ttuough tlr corderrutlm pr6esa, there rrla ,D Erarantces tttat lt muld be carreln close to oru 4praiserta Srrice and ressrnen!€dl b tne Cit!, &rrEil rct to 91, . City oollncil tEetirE - (t er 23, 1989 ] o o ,.1 CITY OF 'r!i CH[NH[ESEN a 690 COULTER DRIVE. PO. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-s739 November I, 1989 Dear Resitlent: Chanhassen staff has arrangeil for representatives from the Department of Natural Resources, Fish antl wildlife Service anil Corps of Engineers to meet on site at the Curry Farms subdivision on November 9, 1989, at 9:30 a.m. The purpose of this meeting isto review the vretland areas to determine the type and quality of the rretlands, r.rhat purpose they serve and what type of alteration,if any, is acceptable. This meeting is being scheduled at thedirection of the City Council to provide information on what ileter- mines an area is a rdetland and why they should be protected. Theon-site visit is scheduled for the benefit of Curry Farms resi-dents. An informational meeting on retlands will be helil in the evening, in the near future, for the general public. Curry Farms should have representatives attend the neeting.will meet at the wetland behind Welsley Court at 9:30 a.m. Thursday, November 9, 1989. Should you have any questions, feel free to contact me. S i ncerely, -b/-zr-, C\',=* \ Jo Ann Olsen Senior Planner JO:v cc:city council Planning Comnission Don Ashworth Engineering Dept.Buililing Dept. staff on plea se *1 CITY OF EH[NH[SSEN 690 COULTER DRIVE. p.O. BOX 147 0 691111115SEN, MTNNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 Uay 25, 1990 l{r. John l{illuan 5510 Wels1ey Court Chanhassen, UN 55317 Dear John: Since }y, Jo Ann Olsen Senlor Planner Ihis is to confirm that re will Deet ulth you and other interestedCurry Farr residents on ThurEday, )lay 31, 1990, at 5:30 p.D. Ifpossible, re uiLl rneet in your neighborhood. If not we can neet atCity Hall. The purpose of the leetlng will be to go over the siteplan uhich shorrs the existing lots ln relation to the uetlandareas, discuss rrhat alteration has taken place, uhat is proposed and the setland alteration pemit process. Please pass thi_s Lnforaation on to appropriate persons. should you bave any questl.ons, pfease feeL free to caII !e. totf Barbara Spiess Jocel1'n Hughes Wr, c EH[!IHIEEE[I ee Lucy 690 COULTER DRTVE. p.O. BOX r47 0 Qp1111115SEN, MTNNESOTA 55317 (612) 937-1900 . FAX (612) 937-5739 June 4, 1990 Dear Curry Fams Resident: Attached is a nap lllustrating the edge of the uetland on yourproperty rrith the neasurerent of the perineter of the retland lrea(distance around the uetland) and the surface area of the uetland. on tlay 31, 1990, city Ptanning staif and paul Burke froD the U.s.Fish and wildlife Senrice net rlth rone Orrry Far:ns residents todiscuss the uetland alteration procesa and vhat Btaff uIlI bereconnending to the Planning ComLssion and Clty Councll. Usingthe expertlse of the U.S. Fish andl gildllfe, Corps of Engineers andthe Departnent of Natural Resourcee, the Clty ulU be reconnendingalloulng up to 30t of tbe perireter of the ietland to be free oiuetland vegetation and up to 6Ot of tlre gurface area of the uetlandto be open uater, free of vegetation. In discusslng the uetland betyeen Arl lngton Court, Itesley court andDevonshire Drive (Wetland A), Lt ras deterrnined that noie than 3Otof the perineter vetland vegetatJ.on has been removed and that 6taffrill be reguesting that EoEe of the areas be returned to a naturalatate to ualntain a DaxlDuD of 30t of open perineter. Wetland Ahas a perineter of approxinately 653 ft. rhich yould allors an openedge of 195 ft. lfhe eurface rrea of lIetllnd A 18 .5 acres (21,790sq. ft.). In -discussirlE the vetland rt the notthue8t corner of Bretton Wayand Devonsbire Drl,ve (Wetl.rd B), lt -yas Etated ttrat tbe sauepercentage of clearlng rould be per:nlttedl (3Ot pertDeter and 60taurface area). ls of today, no clearing has taken phce ulthinthls vetland, but the City has receLved-an rppllcation to clear 8-one- of the vegetation. .Ttre perLretcr ol lge€land B iE 560 ft.,uhich would allov 168 ft. of yetland vegetrtlon to be reuoved froirthe vetland edge. (Note: Approxiuately 25O ft. of the vetlandedge Ls City park propetty rhlch ylll not be cleared and can beuBed touards the 70t vegetated edge. ) The rurface area of WetlandB lE .35 acres (15,582 Bq. ft.). - The wetland .t the northueat corner of Devonehire and likeRoad (Hetland C) rill aleo have the eane guldelines applied. *- F2 crrfor A4hrJ rlt E, 6 -as-7o TJ* t a Grrry FarDs Residents ,rune 4, 1990 Page 2 Currently only one lot ha6 cleared uetl.and vegetation and has alsofllled lnto the vetland area and dralnage easeDent. the perineterof Wetland C lE 437 ft. shieh rould allow up to 131 ft. of uetland edge to be cleared. The aurface area of lfetland C La .3 acres(13,058 Equare feet) . Attached ls an appllcatlon vhich uay be filIed out and returned tothe Plannlng Departuent along uith r copy of the suney shoringuhat is proposed as far aa uetland alteration. A Jotnt appllcationtould best eernre the residents rdjacent to Wetland A. Theapplication Ehould be Dade by ,une 18, 1990. Should you have anyquestions, please feel free to contact Ee at 937-1900. S incerely, )o/*-CA*,yt :'-.\ T: s \ b ( Jo Ann olsen Senior Planner JO:k PauI Krauss, Planning Director Don Ashuorth, City llanagerclty councll Planning Counisslon L \I cc3 t\ g",\do. r-t 3-"'E "{l! fraa (?6I \\ 2711,er.s.ro I I . v-..-'.- = -r --- - ...4, : ooo = ! 3 88 oto -Fqs ,o L e a.'a2'L,to ll .!a L. - -Gt I a1 'Q. tlI 1, lo' s3 2525 r Ar ??zrtet6* 2.t;ltoz4?f asef& D I 3 a7' ( -r o I ,., ft L I u .e,.t I i t IL I I ,0 ./ += - jpIel",3 a I Ei .t.t,t t7 rE r, 7aa. I t I I t I ,*x -6 , \ \ \ t \ E,a10rg'2t"t L . 2t.2, ---H lt I I I I ail {lE -qrc L t'\o\$ L r 9t.O, -D4czf t$ I A. 2 otp\oaoa(t II I "zn.srr)'t25.21 '..4.-- , I otS2 I I \ \ \ g? nl -,1 =.6 '-r! \ I I )..5t oo sq _( TC -} )E -) a { 5 aaIa (lIoo \ I IL \,l'et ,7lr..at ,2a qaa ,,tl I I -l I i.o c Ilr, q aa 0o |rl tLI =6) orI =a : q 8 @tt "e9,et.B ,7,9*(a,,L q oo (tit aa't oo'c oo40o. t::l(Flr rl; I ,I* ilrlLl(ll tr:l l:ltrl$ u ; a ! I * a a ItIt ra (D (a\ z, .7. te..et ., .- .,\- --t_ -oi E 3o I I il +,l€€,, eeit !,l .i tt l. r,.eare--.co]- -., r , I , ,iI3 ;r {..8,e9. oo'e9 7Ia, oo'at ,^; J2 ,tt(F (l 9 (l ./l f.t ta I /> b t al .lo JJp p /\ o$ fzattt 1,f -J ,l !l -tsrB =orlo H s JL-- \a )^. I z-rse-t -n jce ,zdiof; ooo $ ,\7 I 7 J il )\ Vc - r I ,t .l..,,, -t I Ia lr f t@'atr rO oe I pqq E'd:I I Js I a la-9lrz-ao.c020 I e l:Io -(D 31.'.'ro 31.. !a-__I I I tj q*!*e, !J.* eap,ql YAEary:A) 6.J I ac6 n-l r t:IC't tolq-Iolj a9 Zti-. x .t$aa-I b QAEq \ I\ I o l:\art I I oz I L 96 @'et:7.r8,rr.t:9,\\I 5t /_J l_I.7 -,:9 oh9, a J I I90. / I I I L I [.'I / luet /ia -,A I .?\ dr[ oz .> \;eE6- \/iro,d,e'ii 1 3 , JA I I I t z /i o /o- I ,€ F eo=oet -ifi.eEoi- I I ,lQ.b I I I I I I I cltr o! cEltrEla8Ex.90 OOSI.TEB DBTVE ctrlIIEt88EX, II 55317(512' t37-1900 DEVEI'PXAXE IE\EET IPPLICTIIOX OWNER:Sfr ADDRESS: TELEPIIoNE (Day tlne) qfb-f{{qn TEIJPIIONEs llour88 0 Condltional g6e Penlt - S15o 0 Interln Use Petoit - $150 a Lnd UEe Plan ADendDent - $1OO 0 Planned Unit Developnent: - Sketch Plan - S20o - Prelininary DevelopDent plan S300 + S15 acre - Final DevelopDent plan - 5200 - Anendnent to Fl.nal DeveloptentPlan - S3O0 + 915 acre IIOAIIJ PUD }DDRESS:s0m-a- 0 Sit€ Plan Review - S15O 0 vacatlon of Utillty orStreet EaseDent - $1OO 0 Varl.ance - $75 0 RozoninE - $zSo I Zonlng Appeal - $7s O ZonlnE Ordl.naDce lnendlent -Xo Chatg. RECEIvgD JUtt 27 1990 OIIYOECFIAN}TASSEX ' xoEE- - The-n 4rlttplc appr,r cation3 arc procearod, the approprlatc fce 3ha1lb€ charEcd for each alrpllcatlon v rPPucAM: -TPYPSCT A RznYl,ODd O auHlvl.rlon: PrellDlnary Plats - Sketch Plan - s20o - Cr.ate lcBE than 3lots - S1OO - Create uore than 3 lots - Sloo + $15 acre + S5 Per lotlot crcated - Final PIat - Sloo - lletee and Bounds - S100. - Coneolidate lotE - 9IoO ROTI& tUEDIEISION 0 lfetlandl Alteration permit: - Indllvldual Single FauilyIats - $ZS - All Othcrs - $150 Jr.rcer, DEscRrE4uoN lor- .{ , xlocle 2 CurvS Farrns I'CATTON PRESENT III{D USE DESIGIIATION REQUESTED I.I}ID T'SE DESIGNATION REASON FOR IIIIS REQI'8ST this application uust be coupleted tn ful1 and be typewrltten or clearlyprinted and pust be- accoDpanied.by all lnforoatton ina plans requlrea uiappllcable city ordlnance p-rovialone. Before flllng this- applica€ion, yoi.r-Bhould confer ulth th-e plannlng DepartDent to deteralne - the speil?lcordinance and procedural requlrcaenta lppllcablc to your application'. Tlri"_l: to certify that r au aaklng-apprlcatlon tor tlre described actlon bytbe- clty and that^ r aD responslble for conprylng vlth arl city requlr.reni'"uith regard !o this regues€. -rhia^applicatioi rtioul.d be proceelsed in tot;;;;and_ r. lD the -party ^uhoE .the clty should contact re-gardtng any iatter-pertaining to this appllcatlon. r hive attached a -copy of-proof-ot o'unerstri!(elther copy of o{rnerrE Duplicate certificate of Titra, Abitract of ritle oipurchaEe _agreeuent) , or r aD the authorized. per3on to lake this application -and the fee ovner has aIBo rlEned t-bls appltcatlon. I ulll leep uyself lnforued of the deadlinee for au.buleslon of aaterlal andthe progress of thls appl.lcatlon. t further under3tand that adautional ccis - aay. be cbarged for conculting - fces, feartbllity rtudies, etc. ylth anoetluat_e prlol to any authorl?a€ton to-proceed ulttr- ttre ctuily. the docuDentsand lnfornation r have rubnlttod arc -true and correct to- tne best or iy-tnorledge. lw:.,t*Ap^ ^6d bl)f\lBignaturc of lFFffcant D!te L Zfrlqo 8lgna tfre of Ou?ler Date PROJECI NAITE PRESENT ZONING nEQITESTED ZOlrrNc lppllcatlon Recel.vcd oa 6-a?1d tcc Paid <S 2seJ Rocclpt tro. ?l qb d lrhir rppllcation rllr bc conridcrrdl by tho planntnE coDriaslon /Board ofAdJurtrentt and Appeal. on . I TEILAND II,IERATION PERITITTVALUAIION TORf,SEEET To Be Conplilgd py lnpltcaat rDd SubDittcdt uith Apptlcation(Attach rdldltloDal rteeii-fi accca8ary, |YEII,AND DBSCRIPIION: Clasc: R ?ypc:hcrd, &ocatlon: &atcsldte _ ggs6rnrt!6 _ Eplaad _ Iatcrthcd Dtrtrlct: Ar\0 O.) eWt\+-wtL.j"+o CJrrist'wra s La,ye-- Vegrtrtlon ?1pes:Co+{<ltQD Soil Typcs: 2. DESCRTPTION OF pROPOSED ll,tERATIOrtr re( ov4 10 k ek C{.Cc,utto..-Qo 6izc: "fu olrz lna of OlrcD flterr Dralaege tlorg tor o.cl 3 PURPOSE OP PROPOSED ALIERAITON: a APPLICABLE WE8'.AIID ORDIf,ANCB SICIIOT: 5. a.DISCOSS IEE I}TPACTS AItERAIION 18 ItDEr of, ?EE PnOPOSID DtnrEtoPlrm t! Io S taI - 5. B.IPIITIII AND Drscuss o:tEER lttERNArrulEs ro WEILANDALTERATION: 5. c.I9IIIIII EEE ADvAtcrAGEs IND DrsADvAlnAGEs OF rEE pRoposEDALTERATION: USING ?IIE WEILAND ORDTITANCE STANDARDS AS A GDTDE, DE?ER$TNEI.'EETHER THERE ARE INY.I.NCONSISIENCE' ; TTEEN :[EE ORDINANCEAND PROPOSED AITERAITON: o 6rox -2- tI I \'\\. rt t s 6 i \l 'ii tl i"\' .i'. :. I t \'i) I \-' c r\. I i I :! ri I --t-c ) z J I I!r ir) o _tr _oo E$ C, ) *LE x $F Jr ro 1 ( t- I t1.i:! i I I i LP I I Il I I I \ ,i t I --- i I a\ "1Ct'.9 ir 0' \ APPLrcArf,r: f"Vcal" i. L..r.,^ Hr,/l.,OWNER: bq{o h., il.n \,t'o^ J cIrY or cElxEtasEx 590 COULTEn DRrVE CEIIIEISSEII, IX 55317(612) 937-1900 DEYEIOP}IEIIT REVIET IPPIJICITION ADDRXSS :ADDRESS: 6 TELEPEoITE (Day tine) 4Jc- teqo naQuEsr 0 conditional U6e Perilit - $150 0 Interin Use Pemit - $150 0 Land Use Plan Amendment - S1OO _ 0 Planned Unit Developnent: - Sketch Pl.an - S2OO - Prelininary Developnent Plan $300 + $15 acre - Final Development PIan - S2OO - Amend.uent to Final Development Plan - $300 + $15 acre <afi\e TOIAL PT'D a site Pl.an Review - $tso 0 vacation of Utility orStreet EaseDent - $100 0 Variance - S75 0 Rezoning - $250 0 Zoning Appeal - $75 0 Zoning Ordinance Amendhent -No Charge 0 wetland Alteration petmit: - Indivldual single FanilyIots - SZS - All Other8 - $1so . NorE- - I{he-n plrrtiple appr-lcat_ions are processed, the appropriate fee shalrbe charged for each application. TELEPHOTE:q"7-7 )qq 0 Subdivlslon: Prel inlnary Plat: - sketch Plan - $2oo - Create less than 3lots - $100 - Create Dore than 3 lots - $too + S15 acre + $5 per lotIot created - Final Plat - 91oo - Uete8 and Bounds - $100 - Consolidate Iots - $100 aoa[. SuBDrwStof,a PROJECT I{N.TE IOCATION 1 LEGAL DESCRIPTION ( S 6rt( q 2 REQUESTED ZONING PRESENT INND USE DESIGNATION REQUESTED IAND USE DESIGNATION REASON TOR THIS REQI'EST Ihis application nust be conpleted in fuIl and be tlTrewritten or cLearlyprinted and Eust be accompanied by all infomation and plans reguired byapplicable City Ordinance provisions. Before filing this applicaiion, youshould confer irith the Planning D€partDent to deternine the speciiicordinance and procedural reguirenents applicable to your application-. This fs to certify that I an naking application for the described action bytlre City and that I an responsible for conplying with all City reguirenentluith regard to this request. This application should be processed in ny naneand I- ?- the party uhoE the city 6hou1d contact regarding any natterpertaining to this application. I have attached a copy of proof of ownerShip(either copy of Ownerts Duplicate Certificate of fitie, Abitract of Title oipurchase agreeDent) , or I aD the authorized person to Dake this application and the fee oyner has aLso signed this application. I will keep uyself inforued of the deadlines for subnission of naterial andthe progress of this application. I further understand that adttitional feesEay be charged for consulting fees, feasibility studies, etc. uith anestiroate prior to any authorizatLon to proceed sit} the Etudy. The docunentsand inforaation I have subnitted are true and correct to the best of ny knoul.edge. J<si t %--r-. of Appli t Date -< S ignature of Fee Osner Date Appl lcation Received on Fee Paid Recel.pt o. Thie application vill be consLdered AdJustnents and Appeal6 on by the Planning Connission/Board of PRESENT ZONTNG :ir._:IlosatLt[t Llct tGra cal98aEs { .i;; CTBI'TTRlIllTD fl.:"lDlscoss !B'irxi rgts OB I8 illDBr . -i;,+ - i-. 5{** :,::.$' -SEN|!II!{!EEt,ilIJ!ER]ITIOX: in:tr*i*.#; .t8tdroPosED ::;- .5.,':rUSIllc aEE .IEtLilrD {EEIEER ?EERB.TNE IET 1lrootrstStaxcr!s SEIIISEN.!DEE+rrD ?ROPOSBD rLrBRt?I L:sii-Ei_a -:: sls.:; r.i .-_:._ --:. :-s.i_5 r: I i'. a*-'. I z LI \ L A I .4 : \---/ : \.i. II:'\ . '.i 1i:: l. t: ( I I, lt/i :l tllr ii I : I I I I ,l I t i\ a r'.I I ! ) ( ! t I I IIl ! 1., C /',-,ia'. \: t,r {r i. \ 'r.l li l t, I I r\r ; il t.-\ CITY OF CH[[IH[ESEN I 690 COULTER DRIVE. P.O. BOX .I47. CHANHASSEN, MINNESOTA 55317 (612) 937-1900 . FAX (612) 937.5739 Dear Res ident 3 Attached please find a copy of the City,s lgetland Ordinance,def initi.on of a class A and class B welland and a description ofType I-8 wetlands. The City wetland Ordinance protects iypes2-8 wetlands. C1ass A r^retlands are Types S-g ana Class B"wetlands are Type 2. The city's wetland ordinance prohibits certain activities withinthe wetlands and alrows other activities if a wetlana iiieiitionpermit is received. The Wetlanil Ordinance was adopted UV-it.City in the fal1 of 1984...As part of the ordinanci aaopiion, uidetland map vras drafted which designated wetland areas inchanhassen. The wetranil map does iot show all wetland" frot".t"din Chanhassen. Specif ica-l-Iyl-t!" City. inspects sites with repre_sentatives from Fish and nilillife seririce, Department of NaturalResources and Corps of Engineers to determine- if a wetlandexists, what type it is and of what quality. The cityrs wetland ordinance is the most restrictive protectionof wetlands in a line -of -several governing agencies, includingthe DNR, Fish and wildlife and Coips of nngiieers. For -ii*pie, if the DNR does not protect a wetl-and, thi6 does not-mean--t-natchanhassen iloes not protect the wetlanal. rf there is a que;tionwhether a wetland exists on a property and what can o."oi rritt inthe wetland, the City should lE ttre first agency contacted. TheCity will act as the Liaison betrreen the properly orrner and allother affectetl agencies. Nove:nber 17, 1989 If you have any further questions aboutWetland Ordinance, please feel free toar 937-1900. S incerely, --.4)ft\C4=9"1Jo Ann Olsen Senior Planne! iretlands and Chanhassen r scall PauI Nrauss or nyself cc! City Counci I Planning Commission Don Ashr,vorth Engineering Dept.Building Dept. X ,( ! 20-1 the deck liae of a oansard rooi or to the average height between the eaves and ridge of agable, hip or gambret roof. Buiaing principal ueans a building in which is couducted the primary or predomiaaat use of the lot. Build,ing setba.h linz Eea's a tine on a lot, generally paraltel to a lot liae, high wateruark, shorelire or road rightof-way riue, locatcd a aufiicieit dista.ce tbercfrou ti'providethe minim'm yar& required by rhir chaptcr. 1x" Sgiliing retbacl liaea &liait the eree inwhich buildiags aad other regurated c'.ctures arc pcraiitea $bject to au eppricable provi-ji6as 6fthir ghapt€;. Chu,ch oLe,ne a building 3r cdifice coaeecratad to religioru eorship, rhcrc people joiutogether in sorae form of public worship uader the eegis Joa aio""tioi or . p"*."'*r," i,aut'borized under the raws of tbe state of Miruesote toLleanize narriages. i "trr.t -.vinclude living quarters for persons eaployed oa the prerriaee and classroom facilities. Thefollowiag are not considered as cburches: Camp meetiag groun&, ,ailvais, cofiee houses,::creational compleres, rrtreat houses, sleeping quarters for rrtreataats during spiritualretreats ert€nding for periods of more than one') day. Bible .r'rps witrr live,iu quarters,publishing estsblish&eDts, ritual etaughter houses, radio or televiaion towe* and ;"*;i;-gion facilities, theological seyai"aries, day care cent€r8, hospitals, aad drug treatm"rr, "an*oare not churches. class A wetrands means wetrand types 3,4, 5, 6, ? and g. ta the case of wetlaDds adjoiuiaga public waters designated as rake or pond this class shall arso include type z wettands."$peiwetrands shalr arso be deemed a class A wetland when adjoininS a strea. desigrat€d as publicwat€rs ta the extent that it ensroaches upoa the one-hua&ed.year lloodpraia oftbe stream- crass B wetlands means type 2-wetlands aot adjoining a pubric waters designatcd as lakeor pond nor within the o'e-hundred.year floodprain ofa etreao deeiga"a * puiti. *"t * Clearcutting aeans the rernovat of aa entire sland of tree. corbctor ctrcet ,.ans a street ttrat carries trallic from mi'or stroets tO arteriar stree*. confcrenco'anuention center meana a prepranned, ceatrs,y maaaged developoent con-taiaing facilities for business or profeeaionar conferences aud ce.ina; -d ;;"";;;;.coE&odations for overnight lodging, eating and rccreetion. Ihe dovelopmeut ir.h_;;;by arcbitactwally intcgrat€d bu diage, coatrron ulc or partiag e,err" aad iacorpoatioa ofpasses rccreatioaal emenities iato ovcrell citc dctiga. conforming buding or t,uctw. Eeals aay bu,ding or l*uctutr which coropriee ri*rrll the regulations of thir chapter, or eay ameadoent thereto. Conttoctor'B .ycrd mcans lay lras or usc of laad wherc vcbicles, equipucat, aador@nstruction marerials end eupp-lier coamonly urcd by buildiug, o""r",i;;,-;aJ";;:structioa' landscaping and cimilar contractlr, .rc stored or rerviccd. .l contr*to; y.rainctudes both arcas of outdoor rtangc end erea.e confiaed witbitr a conprctery encrorcdbuilding uaed in conjunetion with I contnclor'r buriac$. CHANHASSEN CITY CODE o (r SUB No. I f l4'1 F-T ZONING $ 20.1 (2) Creating cemetery lots; (3) Resulting from court orders, or the adjustment of a lot line by the relocation of acommon boundary. Temprarl structute r.eans a stnrcture without atry foundation or footiags and whichahall be removed when the designed tirre period, activity, or use for which tamporary struc-ture was erected has ccased. Townhouse neaDs a single-family attached dweling in a rpw of at reast three (B) auchuits ia which each udt has its own front aad rear ecoesg to the outside, ao _,rit is locatdover aaother unit and each uait ir rcparated from the adoiniug unit by one 0) or uorecommon fire resistcnt walls having no opeuings and extending from trre baseaent to the roof. Tlaihr, temprary means a trailer or mobile home for coDstruetion pulposes, the displsyor sale ofreal estate, or major durabre goods orgs a temporary fora1 ofresirrentiat dwellini-onIot on which a house is being constructed. Trailer, trauel aeans a vehicle or movable structure which is designed, intended or usedfor temporary human habitation during recreational or vacation aetivities. The term includes,withiout limitation, recreational vehicles, camper8, caEper trailers and tents, and house . travel and tent trailers, but does Dot inctude mobile homes. Truch terminal means any use, area, or building where cargo, trucks, truck parts, loadingequipment, and the like is stored or where trucks road and unload on a regular tasi.. ' Utility seruices means the erection, construction. alt€ration, or Eaintenance, by publicutilities or municipal or other governmental agencies, of underground o" or"rh".i g"qelectrical' steam or wa,"r transmission or distrilution systetDs. communication, inctudingpoles, wire, mains, &ains, sewers, pipe, conduits, cabtes, fire alarm boxes, police call boxesltraflic signals, hydrants, and other similar equipneat and accessories in connection there.with, rhar is reasonabry necessary for the furnishing of adequate aervice by such publicutilities or governmentar agencies or for the public hearth or safety or generar welfare. rtistcrm does not iEply overhead transnrission lines in excees of sirty.niae f69) kv. Variczce means permission to depart from the requirements of this chaptcr. Vehicuhr use area (v. U.A.) means any open or unenclosed area containing more tban onettrousand eight huadred (1,800) squarc feet of area ond./or used by ai: (o "r,;r;,;;;. t)""ofvehicle' whether moving or at rest, ineluding, but not timit€d to, parking rots. loair"r.iiualoading areas. and sales and s€rvice areas. Driveways are considered to ue ,etric,rta-, ur.arras whenever they are adjacent to pubric streets or other vehicular use elements d;ibedpreviously in this paragraph (and intervening curbs, eidewalks, tandscape "t ipr..t . ao notGlitainate adjaceney). Warehousing means the commerciat storage of merchandisc and personat property. wetland typcs aeans ctassifications ofwetrands as defined in us. Ilcpartment oflnterior.Fish and Wildlife Service, Circular 39, ..Wetlan& of the U.S. f9S6-. SsgF No. I rl55 -r x r ! 2o-l CIIANIIASSEN CITY CODE #wetland. watershed meaas that area of rand from which water drsins iato a crass Aor class B wetland. Wholesale nurs€,,y t'earB aD e,t€rprise which conducts the wholesale of plan* grown ongit€ as well ss accessory itcms directly related to their care and maiatcaaace (but Dot including power equipnent such as gas or eugine lswnaowers aad farm iraplements), Yhobsab trade aeans an estabrish'eDt or place ofbusiaess prioarily eagaged in aelring nerchaadise to retailers; to iudustrial, coonercial, iEstitutioDal, or profesaional businees rrsers, or to other rholesaler.; or letiDg as agents or brohers aod buying aerthaadise for, orelliag uerchandise to such iadividuals or corapanies. wind energy a,ut,'sion Elttem or (PECS) neaas any device that ie deeigaed to co'vertrind power to aDother form of eaergy auch as elechicity or heat (also refened to by such coEnon lataes as wind charger, wind turbine and windmill). Ycrd neaas any open Epace tlat lics betweea the priacipal 6 aooBssor1r build.ing or buildings and the nearest lot line. Such yard is unoccupied a,'d uaobstructed fron the ground upward except as nay be specifrcally provided ia tlir chapter. Yard, fronr ae,n" a yard ertandiag acro8 the full width ofthe lot between any building ead the frout lot line, aad measured perpendicular to the building fron the closert point ofthe building to the front lot liue. (Yar{ rear meaas a yard c:tendiug across ttre full width of t}e lot b€tw.€n the priacipal building and the rear lot line, aad aeaeured perpendicular to tre building froE the clos€st poiut of tbe buildiug to the rear lot liae. Yard, sidc Eears a yard c:tendiag froo the froat yard to the regr yard betweeu tbe principal building aud tbe side lot liae, measured perpendicular to the building &oa tbe closest point of t}le building to the side lot liue. Zoning dminbtralor means tbe city uaaager.(H. No. 80, Art. tr, ! 1, 12-15€6; OriL No. E&r\ I t, &tE€?; H. No. EOG, I 2, t.1t€8; OrL No.98, ! I, 11.28€8) Scc. 2G2. Furpore. This chlptar b e'acted to carty out th. istent of thc city'r coaptebeuivc plaa and to: (1) Proteet reeideutial, co"'rncrcial, iadurtriat ud iartitutiongl uear frorl the iatrueioa of iacompatible urcr; (2) hevent ovcrroq'diag of lud; (8) Conrerve aad enhaace tbe city'r tar brre; ({) Protect against fire, amoLc, c:plorion, norioue furncr, olfcncivc Doir., yib,retion, durt, odoro, hceL glare end othcr he^zar& to pcople; (5) hescrvc the naturrr bcauty aad ltncnitics of thc city .od achisvc crccrtcace radoriginality of dcti3a; slDtr No' I t$iE t- ( C $ 20401 (3) Nonresidential structures. Commercial, manufacturing and industrial structures shall ordinarily be elevated on fill so that their frrst floor (including basement) is above the regulat ry flood protection elevation but may in special circuurstances be flood.proofed in accordance with the state building code. structures that are not elevated to above the regulatory flood protection elevation shall be flood-proofed to Fp.l or Fp-2 classi- fication as defined by the Uniform Building code as adopted and amended by the city. structures flood-proofed to FP-3 or Fp-{ classification shall not be permitted. (Ord. No. 80, Art. V, S 21(5.21-2), 12-1546) Cross reference-Technical codes, g Z-16- et seq. State law reference-Condfrtional uses, M.S. I 462,959b. Sec. 2G378. Residential uses. Residences that do not have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation shall not be permittcd unless granted a variance. In granting a variance the city shau specify rimitations on the preriod of use or occupancy of the residence. (Ord. No. 80, Art. V, ! 21(5-21.3(r), 12.15.86) S€c. 2G379. Comnercial uses. Accessory land uses, such as yards, railroad tracks and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the generar pubric shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would innundate to a depth greater thaD two (2) feet or be subject to flood velocities great€r than four (4) feet per second upon occurrence of the regional flood. (Ord. No. 80, Art. V, $ 21(5-21-3(2), 12.1546) Sec. 2G380. Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant operations espe- cially along streams having protracted flood durations. certain accessory land uses such as yards and parking lots may be at lower elevations subject to requiretnents set forth above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. (Ord. No. 80, Art. V, $ 21(5.21-3(3)), 12.1586) Secs. 2G381-20-4fi). Reserved. ARTICLE VI. WETL.A,ND PROTECTION DIVISION T. GENERALLY Sec. 20-f0t. Ilndings and intent. wetlands are a vsluable resource. wetrands herp maintain water quarity, scrve to riini. mize problems with flooding and erosion. serve as sources of food and habitat for a variety of I187 ({l x ZONING ) \_ 0 20401 CHANHASSEN CITY CODE fish and wildlife and are an integral part ofthe community,s natural landscape providing theaesthetic benefits of open space and a natural separation of land uses. It i. t-ira irrt"n, or:tii.article to establish a program of sound stewardship through regulations that strive towardzero degradation ofthe wetlands by conserving, protecting and enhancing these environmen.tally sensitive resources.(H. No. 80, Art. V, g 2415-24.D, 12-15€6) ( Sec. 20.{02. harpose. rhe purpose of this articre is to assure the protection of the generar health, safety andrelfare of ttre residents atrd the prot€ction ofthe wetland resources of the city, for now and inthe future, through preservation and conservation of wetrands and sound'maaagement ofdevelopment by: (1) Establishment of wetland regulations. (2) Requiring proper erosion control practices. (3) Requiring sound management practices rhat will proect, consen e, maintain, en.hance and improve the present quality of rvetlands within the community. (4) Bequiring improved $'ater quality in streams and lakes with its attendant increas€in recreational use and value. (5) Protecting and enhancing the scenic value of the commuDity. (5) Bestricting and controlring the harmful etfects oi land development which adverselyallect wetlands. r7l Reducing the need for piped storm water inrprovements. (8) Preventing rapid runorl from develtiped areas. (9) Preventing pollution from gas, oil, salt, fertilizer. sand anci silt. (10) '{llowing only development that is compatible with rvedand protection an<i en}rancement"(ll) Providing standards for the alteration of rverlands. (12) controlling development outside of the rvetland areas that may be detrimenul towetlands. (13) Prohibiting dumping of rvaste in rvetlands. (14) Bestricting the placement of structures rrithin wecland areas. (15) Drawing att€ntion to the function of rrerrunds and the impact of urbanization uponwetlands. (Ord. No. 80, Art. V, g 21(5-24.2t,12.tS€6) Sec. 20-403. Inacrpretation. Neither the issuance of a wetrand alter:rtion pr.rmit nor conrpriance with the conditionsthereof, nor compliance rvith the provisions of this chapter shall relieve any *.*.;;;;; I I88 ( L- $ 20407 (l T Sec. 20-40{. Establishment of r*.etland areas. Lands lying rvithin a wctland area shalt be subject to the requiremen* establishedherei,. as $elr as restrictions and requirements estabrished by other appricable city ordinan-ces and regulations. The wetland Rotection Reguration shalr not be construed to altowanlthing otherwise prohibited in the zoning district where the wetland area is locatcd. Thewetland map, entitred "chanhassen wetland Map" datcd May 22, r9g4 is hereby adopted asprima facie evidence of the wetland areas and an ofliciar copy is on frre in the orfice ofthe cityclerk. Land rvithin the rvetrand areas shalr be classified as ilass e wetland or class B wetrand as delineated on the map. iord. No. 80, Art. V. i 24(. ,-24- ,12-15-86) Sec. 20-{05. Determination of wetland arca. An applicant lbr development which may be in a wetland area shall bring this to thecitt"s atrention' If required by the city, the applicant sha, pro'ide appropriate technicarinformation. including but not limitcrr to, topog?phicar surve-v and soil dam deemed neces.sary for the citv to derermine the exact wetland boundary. The city councir may e.'ernpt randfrom the wetlanC regulations if it finds that the land is not in fact a wetland. it . .rty .o,rrr"ilshall make necessa'y interpretations coucerning the wetland area based upon the rvetland map. the definition of s,etlands and the inrcnt and purpose oithis article.(Ord. No. 80, Art. V, "s 2{(5-24-2). 12-f i.8G) Sec. 20-106. Variances. The ciry council ma!' grant a variance from the requirements ot'this anicre. In addition, arariance may be grantcd based upon mitigative measures proposed b1. the applicant torecreate' to an cqual or greater degree, the cnvironmental and h.vdrological functlon of thewetland area that is proposed to be altered. (Ord. No. 80, Art. V, S f4(5.24.14), 12-15.86) resprnsibilitl" otherrvise irnposed by larv for damage .u persons or prop€rty; nor shau theissuance oi anv permit serve to impose any liabirit.v on the ci3.v ur its offrcers or employees forin;ur1 or danrage to persons or propenv- tOrd. No. E0. Art. V. S 211(5-24-1.2), 12.15a61 Sec. 2&{07. Prohibitcd uses in ctnss A wetlands. The following uses are prohibitcd in cla.ns A wetlands: (l) Disposar of waste materiar incruding, but not rimited to. sewrge. dernorition dcbris, hazardous and toxic substanccs. and u, waste that *'ould normarty be disposerl ofatlsolid wasle disposal site or into a sewage disposal s!.stern or sanihry s{!wer- (2) solid waste disposal sites, sludge ash disptxal sircs, rruzardous rvasrc transr.er ordisposal sites. (3) Septic or soil lbsorptron systems. Supp. No I I t89 l L ZONING I I I I I ! I ! I I I i I \ I I $ 20407 CHANHASSEN CITY CODE (.1) Sedimentation basins for construction projects. (5) Open srorage. (6) Animal feedlots. (7) The planting of any species of the genus Zyftrzz: (8) Operation of motorized crafr ofall sizes and classifications. (Ord. No.80, An. lt, ! 24\5.24-5), r2.l5f6) Sec. 20-408. Prohibited uses in class B wetlands. The tbllowing uses are prohibited ir. class B u,etlands: (3) .A,nimal feedlots (1) Disposal of rvaste material includine. bur not limited to. sewage, demolition debris. hazardous and toxic substances. and all waste that u.ouid normally be disposed ofat a solid uasrc disposal sire or rnto a selr,age disposal system or aanitary sewer. (2) Solid waste disposal sires, slucige ash disposal sites, hazardous waste transfer or disposal sites. (4) The planting of anl species of the genus L.r.t,trura (Ord. No. 80, An. V. N 24(5.24-5), l2.li,E6) Sec. 20-{09. General development regulations. within wetrand areas and for lands abrrtting or a jacent to a horizonral distance of twohundred (200) feet, the follos'ing minimum provisions are applicable: (l) The minimum lor lrea is lifteen thousand r 15,000) square feet. (2) The minimum structure setback is seventy.{ive (?5) feet from the ordinary high watcrnark. (3) Septic and soil absorption sydetn setbacks are one hundred frfty (fSO) feet fromordinary high wat€r mark. (4) The lowest ground floor elevation is three (3) feet above ordinary high water mark. (5) No development sha, be allo*ed rvhich may resurt in unusuar road maintenance costs or ut,itv rine breakages duc to soil rimitation. incruding high frost action.(Ord- No.80, Art. V, I 24(5-24.19), t2-l5€5; Ord. No. 80.C, S l, !.0-b€?) Secs. 2O-{lO-20-{20. Recerved. Supp- No- t lr90 (- (_ L- ( ZONING DIVISION 2. IVETLAND ALTERATION PERMIT Parl A- Generol Prouisions \ 20422 \ Sec. 20421. Required. The following activities are prohibited in the rvetland area indicated unress the citycouncil issues a wetland alteration permit allowing the activity; (lt scientific research projects in a class A or class B wetland which alter the wetlano. (2) Public n'orks in a class A or class B wetland excep! for emergency pubric works whichshall not require a wetland alt€ration permir. (3) Creation of ponds or dams and alterations of the natural drainageways or water courses of a class A or class B wetland. (4) Removal from class A wetland of trees or tegeration except hay, crops and diseasedand storm damaged trees and vegetar.ion rvhich shall not require.a wetland alterationpermit. Docks, walkways and boardrvalks, rvithin class A or B wetland. Installing or replacing drain tile or ditches in a class A wetland. Repairing existingdrain tile, in a class A wetland ifthe property has not been in active agricultural useduring the twelve (I2) months preceding February fg, lgg?. Development in any class A w'etland or rvirhin trvo hundred (200) feer of a class Awetland that is rvithin the wetland's watershed- Septic or soil absorption systems in a class g rvetland. Sedimentation basins in a class B rvetland. Any structure in a crass A or B rvetrand except for minor expansion and additions tosingle-familv detached drvellings esisting February 19, l9'z that do nor require awetland alter.ution permit. (5) (6) (il (7) (8) (9) (10) (lr) Digging, dredging, filling, or in any other rvay ultcring a class A or B wetland,including' but not limited to, such rverrands in pubric waters lying wholly within thecity. (12) Advertising signs in a class A or B wetland. (Ord. No.80, ArL V, t 21(5-24.7),12-15€8; Ord. No.98, ! 2. ll-28.88) Sec. 20422. Application, issuance. et . Thc .pplicant for n wetlond attcration permit shall firrnish the information required by the city including but not limited to. a site pran. topographic data and hydrological dat, for the revisw ofa wetland alter tion permit application. A wetrand llteration pcrmit shalt not be issued without having been rirst reviewed by thc planning commission and approved by the srp9. No. I r tgt L t,, Q 20422 Secs. 20-425-20-435. Reserved. CHANH.A.SSEN CITY CODE councir follorving the review procedures set forth for conditional use permits. ?he aoplicantshall have the burden ofproving that the proposed use or activity complies with the p,rrpor"",intent and other provisions ofthis article. A permit must be approved by a three-fiftis vote ofthe council. The council may establish reasonable conditions wlich are specifically set forth inthe permit to ensure compliance with requirements contained in this article. Such conditionsmay' among other matters, limit the size, kind or character of the proposed work, require theconstruction of other structures, require repracement of vegetation, establish required moni.toring procedures and maintenance activity, stsge the work over time, require the alteration of the site desigrr to ensure buffering, require the provision of a performance securit-v. Thegraating of a wetland alteration permit does not abrogat the need to obtain permits required by other local, stat€ or federal agencies. (Ord. No. 80. Arr. V, | 246-24-9).12.15€6) Sec. 20-423. Inspection of work. The eity engineer may cause inspection of work for rvhich a rvetland alteration permir is issued to be made periodically during the course ofsuch work and shalr csuse final iaspection to be made following the completion of the nork. (Ord. No. 80, Art. V, E 24(5-24-Lt),12.15A6) Sec. 2&,..124. Erpiration, renewal, etc. (a) Unless otherwise specified by the city council, the person issued a wetland alrerationpermit shall beg,n and complete the deveropment authorized by the permlr within one (l) year after the date the council approves the permir applicction. (b) The permittee shal provide wrillen norice to the citv engineer trventy.rbur t24i hoursprior to the commencement and compretion of the dereropnrent projecl No project shau bedeemed to have been completed untir approved by the cirl: engineer after. receipt of norice or'completion. (c) Ifthe permittee fails to comrnence worh on rhe developmenr within the time specifiedin this section, the permit shall be void. The councir nrsy renerv a void permit at its discretion.If the eouncil does not renew rhe permit. the holtler or the void permit ."y m"k" origir,ultpplication for a new permit. (d) The permittee may make writtln application to the council for an extension of thetiEre to commence work' but only if the permitt€e subnrits the application prior to the ,atealready established to commence rvork. The appricution for an exlension shall state thereasons the permittee requires an extension. (Ord. No. 80, Art. V, S 2.1(5.24.10). 12-tS-86) .j- i. Supp No. I 1192 L_- t -{. ZONING 5 20436 (.1 Przrt B. Issuance Gui.dclines Sec. 2G436. Generally. No rvetland alteration permit sha, be issued unless the council determines that theproposed deuelopment complies with the provisions of this part, as well as the intent and f-r"., _( \_ Supp. No. t 1192.1 l-ZONING $ 20438 purpose of this article' In reviewing wetrand alteration proposals reference sha, be made tounited states D€parrment of Agriculture Soir conservitio'n s"*i"" .;l:;;;; il;";and sediment control Handbook and rechnical Field Guide. If the city council determinesthat the required calculations in a particular instance are needressly burdensome because ofthe area and nature ofa proposal, it may agree to a substitute analysis.(Ord. No. 80, Art. V, 5 24(5-24-8), 12-15-86) Sec. 2&437. Flilling. A minimum amount oifilling will be allowed when necessary for t'he use of pmperty, butonly when it wilr not have a net adverse elfect upon the ecological and hydrologicar character-istics ofthe wetland. In determining whether a froposed development will have a net adverseeffect on the ecological and hydrological characteristics oi ttre *etuna, the council shalrconsider, but not limit its consideration to, the following factors: (1) Any rirling shalr not cause total naturar flood storage capacity of the wetrand to fallbelow, or fall below further, the projected vorume- of run+ff from the watershedgenerated by a 5.9-inch rainfau in twenty-four (24) hours- since the totar ",oourr, oifilling which can be permitted is limited, apportionment offill opportunities for otherproperties abutting the wetland shall be considered.r (2\ (3) t4t (5) (Ord. No Any filring shalr not cause total naturar nutrient sripping cspacity ofthe wetrand tbe diminished to an extent that is deterimental a "_ ""i" Jr"r, lake or streau. Only fill free of chemical pollutants and organic wast€s may be used. Filling shall be carried out so as to minimize the impact on vegetation. Filling in wetland areas will not be permitted during waterfowl breeding season orfish spawning season' unless it is determined by the Jity trraitle werland is not us€dfor watcrfowl breeding or fish spawning. . 80, Art. V, $ 5.24€(r), 12.15€6) Sec. 20-{38. I}redging. Dredging will be a,owed only when it will not have a net adverse effect on the ecologicsrand hyrological characteristics of the wetlands. Dredging, when artowed, sha, be liaited asfollows: (1) It shall be located as to minimize the impact on vegetarion. (2) It shalt not adversely change water flow. (3) The size of the dredged area shalr be rimitcd to the minimum r€quired for theproposcd action. (4) Disposal of the dredged marcriar is prohibited rvirhin the we and district unlessspecifically authorized in the wetland alteration p€rmit. {5) Disposal of any dredged materiar shalr incrude proper erosion controt :rnd nr*r"n,reten!ion mea;uries. 1193 520438 CHANHASSENCMYCODE (6) Dredging in any wetland _areais prohibited during waterfowl breeding season or fishspawning season, unress it is determined by the city that tt " *"tt"niis rrot ,r."iio"waterfowl breeding or fish spawning. (Ord. No. 80, Art. V, q 24(5.248(2), 12-15-86) Scc. 20439. Discharges. (a) Soil loss from a construction sit€ any part of which is in a wetland or within twohuudred (200) feet of the wetrand that is witrrin the wetrand watershed shall not exeeed a rateof more than two (2) tons per acre per year. G) Projected soil loss from a completed construction project shall not exceed one-half tonper year if any part of it is in a wetrand or within t*o hunarea (200) feet of a wetland that iswithin the wetland watershed. (Ord. No. 80, Art. V, $ 24(S.24€(g)), t2-r5€6) Sec. 20.440. Stormwater runoff. (a) A minimum increase in volume of stormwat€r runoffto a wetland from a developmentover the natural volume of runoffmay be allorved when necessary for ua" of p.op"rty U,if ontywhen it wilr not have a net adverse elrect upon the ecological and hydrological characteristicsof the wetlan&' In no case shalr the restrictions on runoi set out berow be exceeded.. since thetotal increase in runoff rvhich can be permitted is limited, the council *h", ;;d;.;;permit applications sha, consider, in addition to the follorving, apportion.ent of increasedrunofl opportunity to all wetland property within the surrounding wetland area. o) Stormrvater rurrorr from a deveropment may be directed to the wetland onry when freeofdebris and substantially free of chemical pollutants and silt, and only at rates which do notdisturb vegetation or increase turbidity. Sheet florv and other overland drainage of runoffshall be encouraged. (c) The proposed action sha, not cause stormwater runorr on the rvetlands to take place ata ratr which would materially exceed the natural rate. (d) The allowed total increased runof in combinltion rvith the total fill allowed, sha, notcause total natural flood storage capacity ofthe wetland to fall below, ", f"ff U"f"*-irrtf,"r,the projected volume of runoff in the whote developed *etlana *,atershed generated by a5.9-inch rainfall in twenty,four (24) hours. (e) the a'owed total increase in runoff, in combination rvith the total fi, a,owed, shallnot cause total natural nutrient stripping capacity of the welland to fall below, or fall belowfurther' the projected nutrient production from the rvhole deveroped rvetrand watershed.(Ord. No. 80, Art. V, $ 24(5.24.8(4)), t2-15.86) (c, (a eSecs. 20{41-20-475. Rcserved. 1194 X rr.@ A. wetland or Eydrophlit,ic vcAetation Definitlon:rllbc auD total ot racropblztic plant lifethat ocsurB in aroae rbara tba trequ.ncyand duration of lnundation or coilaaturation produce pcr:aancntly orperlodieally .atutat.d rolls ofsutllclent duratlon to .xett acontrolllng lnfl,urncc on tbe plant cpccl,ca pr.lenti -- Cot?r. In aholt, bydrophltoe ar. D1ant. tbat ffror ln sct condltiona, auch !. cattalla rnd bulnrtb... B. Ilydrlc Solla Definltion:rsoll that le 3aturatcd, tlooded, or ponded long enouEh durlng tbe grrowlng rcaron to dcvelop anacroblc conditionstlrat favor t.he Enontb and reg€neration ofhydropblt,lc vcgctationi -- SCS. the soll con..rivation Senrl.cca provldce a llit of bydrlcaoil,s tor your rforcnce. If you do not fnor tha naDe ofthe rol,l ln tlrc arca In quoatlon, thcn roc 1! ttre rofl baE any of tb..c lndlcatorr: go11 con.lrtr prcdotrlnantly o! decouporad plantDaterlal. (p.atr and luckr ) Soll bar rn 6-lncb or !or.plant latcrlal on rurtaca lay.r of dccoupoal.ng 3 Soll color lr blulrh grray to S.yr or dark anddull, !t lO to 12 inchoa balfl surface 1 C 5. 8011 br. odor ot rott.n.gE. So11 lr randy and har layer ol 3 lnches or rora ofdccouporlng phnt lat.rlal at totl rurlaco Soll 1r .anay and bar dart .t!l.n or alart(ot organlc Dat.rlal ln upPor l.y.a 3 to L2br!,or ro11 .urtac. strGaka lnchcs 2. tl . c wetLand Bydrology Definition: iEydroLogic characteriEtica o! areaa thatare perlodlcally inundated or have soilsBaturated to the Eurface at aoDe tiuedurlng tbe groring a€aioni -- Corps. Ihe lollowinE indlcatora provide avl,dence of tJreperlodlc praa.nce of llooding or eoll caturatlon: 1. StandinE or flouing uat€r i6 obEerved on area for aperlod ol tiDr during thc Arowlng aeaaon 2. soil ls rater-logged 3. water larka arc preB€nt on t!e.B or other obJects 4. Drift llnee, uhlcb ar. auall pll.3 of dabrisorlent.d ln tha dlrectlon of uater- loveEent thloughan area, are prasent Debri3 ls lodgccl ln trrca or obj ect! by rat.r pllecl agal.nst ottrer5 6. Thin layers of rediaenta are d.poalted on leaves orotlrer obj ects corpa I Crlterla va. llab and f11dt11!. Sernlcc Cliterla.. Th. Cot?s rcquJ,rce that a porltlvo u.tland lndlcation bepreBelt !"I elch paraDct.r (veEetatlon, toila, andhydrology) for an !r.a to b€ claaeiflod a reiland.Bowcir.r, tlrc Fleh and f11d11f. Servlc. rcgulrca thlt aposltlve Lndl.cator of yetl,ands be pr.Bcnt -tor anv one oitlre three paraDeton. D. III.W o1d FiBh and lfildlife servlc€ Classlfication systen (frot! cireular 39) A SlTre 1: T:E,e 2: I:,Pe 3: TyPC {: l!Tr. 5: . ftre 6oi1 l,a coverod yith yat.r or 13 uaterloggeal during variable ..a8onal pariods, but ulually ia dry durlng Duch o! ttre Erroulng 3Qa8on. lbls typelr found botb Ln upland deprcallona and inov.rflou botta landa. V.Ectatlon nay J.nclude bottoD-land barduoodg and a@G herbaceous grot tha auch a. coc*l.bura, ragu..d,aD!ttr..d, rnd b3ggar tlcks. rnlend lresh n.adors. 'llhc go11 uBuall.y is ulthout rtanding yater durlng Doat of thegroulng t.a3on but ie saterlogEcd sithln a few lnchcs of lts surtace. Vogetatlon uay include..dges, Euahea, and a varlcty of Eraeses. Inland .hallou fregh par.heg. Ihe soil is usually yatcrloggad durlnE the grouing teaaon. Th.y ar. coDDonly found borllerLng open eater narrhee oa aa laap arcaa on t rrlgated lands.v.Eatatl,on lay lnclude cattallr, i€dges, tiuahca, arroubcad, burraaA, and aEartueed. Inland dceo lregh 'trarghcc. Ilrc roll Ls coveredylttr 6 lnchrs to 3 fc.t or Dorc of raterdurlng Urr groulng 3ea8on. ltey lay border opon uat.r areqB or colpl.tely t111, BhaIloUlakc baeln or .IouEbi. v.Ectatlon aay Lncludecattallr, vlld rlca, raadr, arrflbcad, andbulruBhar. ln opcn araat, rubncrEcnce oflloatlng-loavcd plantr .ucb a. pond yelda, duckr..dr, coontall, or raterllll.es Day ocgua. fnland lrarh oocn satar. 8ba11ou ponda androrcnrol,rr are lncludcd ln tblr tlfp.. ratGr1r urually 1.3r tban lo t..t drcp and LstrlnEed by r bordaa of .D.rE.nt v.g.tstion.V.g.tatlon (ralnly at rrt.r dcptbr ot l.eeth.n 5 t..t) Dy tncludo pondu..ar, nal,ade,vlld calat?, coontaJ,l, lurkgrataa3, ulterllllollr, .nd rat.r llller. x E:{AI.IPLE : First Character S.cond Charactar - Sbird Charact.r Foutttr Chrractcr - ,P E{ 1 Ci l'etland Syrt.! (P - paluBtrln. ry8teD) CIar ( Etrrl - cDcrgcnt claas) suDc1a3B(1 - per8ist.nt rubclar3) }lodllylng I.r!D(C - rcaronaUy flooateal) B &rpe 6 : Shrrrb srranoe. The soll le usually taterloggedduring the growing aeaBon, and ls oftencovered vlth as uuch aa 6 inchee o! sater.They occur al.ong sluEglsh etreans andfloodp]alns, but lany are lsoIated.Vegetatlon Day Lncluds alders, rillows, dogvood, and buttonbnrah, aE rell aE EoDe harbaceous gror.tbs. r)tre 7: Ifooded euanos. The sol1 le raterlogged toyltbin a fcr lnches of ite Burfacc during thegrrouing leason, and occaalonally la coveredrlttr as lucb as 1 foot of uator. vloodedauanps ocsur along alugElsh Btreans andtloodplaln3. vegetatlon Day lnclude uap1e,aah, blrcb, aspen, and an understory iitrtulllous, doEvood, and alders. BlTrc 8: EgSe. gh. .o1,1 la u3ua11y rat.rlogged andsuplrort3 a slrongy covcrlng of Doaacs. Bogsoccur aoatly ln shallou lake basl.ns, on flituplands, and along slugglsh Btreals. Tl4ricalplants qra heath rhnrbe, alrhagmur Doss,cranberrlca, a.dgee, and cotton Era3s. Neu FiBh and t{iIrlllfc Scrrrlce Claaelflcatlon Syaten(fron Cosaratin ct al. ) CITY OF EHINHASSTN STAFF REPORT Pc DATE: 7/L8/9o cc DATE: 8/L3/9o cAsE #: 9o-1 PgDBy: I(rauss/v Fz C) =LL ls UJFa Planned Unit Development - Concept plan for anAuto service center Hanus Building and cary Brown Car Wash - creat plains Boulevard PROPOSAL: LOCATION : APPLICANT:Lotus Realty P.O. Box 235 Chanhassen, IrIN 55317 WATER AND SEWER: PHYSICAL CHARJACTER.: 2OOO LAND USE PI,AN: BH, Highway Business District 4.5 acres N - RR Tracks, Coumercial, Officefnstitutional and Residentials - ADoco station and Hvy. 5E - Red-E-Uix plant (potentially to beacquired by the Clty)w - CoDmercial fronting W. 79th Street Available to the site. Conmercial The.site is inproved with the existing HanusbuiLding, outdoor storage and Gary BronnrsCar l{ash. PRESENT ZONING: ACREAGE: DENSITY: ALTACENT ZONTNG AND I,AND USE: RD I I aa L OTUS 6900 ooo --7too --72OO - -730C it ADC* MEiE v 1l -!j .t 1 --e-!-' .&-l-) t Taoo R12o-8 *' o oo @3 3 loP 'f,tD: ooloI ? or oo @I r,o P -aoo *d t 2 I x 5T E-r i;:-::-- l-AI lt3 D RSF? Ij I rII II -rtIGLF-1.!-7t T'!: l),,Itr! -.a .EIErE ullzll .l::lll l.r:7.1.'-fi!illl ESEEI llllt l!llil! =t!!t r (E SUSAil - c200 8300 LAXE ) -.E -t t- \ H!i I :l Auto Service center PUDJuly 18, 1990 Page 2 PROPOSAL/SU},IMARY The general concept is one that appears to uork in terns of accessand layout. However, staff does have a number of concerns uhichare outlined in detait in this report. The nost prominent onesinclude: The applicants are requesting puD concept plan Review for aproposed redevelopnent of the llanus Building and cary Brown Carwash into the Chanhassen Auto Center. Uses on the property willinclude the construction of a new fast food restaurant, curientlythought to be a Hardeers, redevelopnent of the Hanus Building withan attached car wash into an auto service center and constructionof a sma11 two tenant retail building further to the east. Allproperties r.rill be accessed by a new street extended paraI1el toand adjacent with the railroad tracks. The proposal is beingreviewed in conjunction with HRA review of the redevelopmentproposal . Although Ur. Brad Johnson has been in contact witl the HRA regarding this proposal, it is not anticipated that he willreceive any forrnal reviews frorn them until concept review beforethe Planning Conmission and City Council is conplLted. Staff believes that the project in general is a worthy one andcould be acceptable with refinenent. we note that the site is adifficult one to develop due to its narrow configruration anddifficult access vhich is linited to its frontage on Great plains Boulevard. we also note that the site is currently in very poorcondition with nunerous junk trucks and other equipnent ana woulastrongly support its redevelopnent into a proj eCt consistent withthe importance of its location at one of the nain gateways into theCentral Business District. Staff supports the use of a pUD optionfor this proposal for several reasons including the difficulty ofcornbining several undertying parcels and the developnent of iourdistinct buildings. To achieve the developerrs a;d the cityrsgoals for the property, it is inperative that developrnent procEedj,n a coordinated nanner. There uould be joint use of iccess,utilities and drainage and rre believe it ia in the cityrs bestinterest to get uniforn and high quality architecture and- signageconsistent with the siters proninent location. 1 Access and traffic are critical concerns and are the subj ectof a study being perforned by Stagar, Roscoe and Fauah. Staffwishes to ensure that turnl.ng novements and stacking atcritical intersections renal.ns within acceptabLe leveIl ofservice and that traffic can be handled in a lafe nanner, bothinternally and externally. One significant reconmendation isthat the proposed street, rrhich is being proposed as privateon the subnltled plan, should be a public iigtrt-oe-way albeitone rrith dininished developnent standards in recognition ofthe difficulty of developing this site. We believJ lt shou1d 2 3 Auto service center PUDJuly 18, 1990 Page 3 be public given the high levels of traffic that wiII existalong with the desire to naintain safe access and thepotential for expanding the road to the east should the Red-E- Mix site be redeveloped. Parking provisions and internal circulation require furtherclarification and refinenent. It does not appear that sone of the uses are being provided vith sufficient parking. Intensity of developEent is guite high with high levels of hard surface coverage. Drainage issues need to be resolved aswell as landscaping questions. Resolving these issues mayresult in the need to decrease the intensity of developnent onthis site, particularly rrhen vietred in the context of other reconmendations . we are recommending that PUD concept PIan Revies be granted subjectto the applicants responding to the recornmendations contained inthis staff report prior to subnitting plans for fornal revien and approval . BACKGROUND/SITE CHARACTERISTTCS The 4.5 acre site is conprised of three underlyingincluding the site containing cary Brorrn I s car wash,parcel and severaL conbined lots conprised of parcels Hanus . parcelsa vacant ovned by The conditional use pernit for the Hanus property was approved in 1982 (Attachment #1). Allowed uses included auto and truck repairwith sone outside storage of vehicles. The site is naintained inextreroely poor condition sith junk vehicles, boats, paving equipruent and other naterials scattered throughout. Internally,the building is currently undergoinq sone nodifj-cations under theconditional use pernit for Dore auto repair related uses. However,the building is not in conpliance with current building codes. The car wash lras approved by a conditional use permit in 1983(Attachroent #2). The building was built in conpliance sithexisting regTulations but the site has a number of inherent problens when reviewed today. The building is setback only 13 feet froncreat Plains Boulevard right-of-way. Landscaping is nininal andthe site's exit is partially located on the adjoining AITIOCO site. The exit will be impacted by the current construction of the new AUOCo station since the Auoco portion of this shared exit rill be removed. Given the past usage and current condition of the site, ataffbelieves it wouLd be prudent to have it tested for the presence ofhazardous materials. Any contaroination uould need to be Auto Service center PUDJuIy 18, 1990 Page 4 appropriately treated and could greatfy increase development costs. OVERALL CONCEPT The PUD proposes an auto oriented devetopnent around the existingHanus building as the centerpiece. cary Brormis car wash will berelocated from itrs present site on creat ptains Boulevard to asite adj acent to the Hanus building. A fast food restaurant,currently shown as a Hardeels, with a drive-thru service, isIocated at the corner of the site near creat plains Boulevard witha smaLl 7,500 square foot retail building located at the extreDeeastern end. In addition, the location of a Hardeers fast foodrestaurant promises to generate significantly high levels oftraffic. This situation will be further exploied in tfre Trafficsubheading and is a subj ect of analysis by Stagar, Roscoe andFaush, consultants currently under eontract with ttre fm^a,. The site is an extrenely difficult one to utilize. ft is wedgedinto a rather long narrord piece of ground betrreen the railroadtracks and Hwy. 5. The parcels have frontage on Hwy. 5 but willnot be a1Ior.red access directly to it. Access at ttris point islinited to a single curb cut on creat plains Boulevard. - Earlierplans considered the potential of a connection to the new Hwy. 101intersection. However, the most recent plans for that highwayinprovement indicate that the connection would be hazardous anddifficult to support. Based upon our reconmendation, the proposal is being developed asa PUD. we believe this is essential for several reasons. Giventhe lirnitation of the site, it is not reasonable to expect adevelopnent to conply rrith all nornal district standards. Uoreinportantly, it is essentiaL that the pUD be utilized to ensure theproper workings of a developnent that would be conprised of anumber of different uses. It is staffrs goal that thii project bedeveloped not only rith cost utilization of access and utilitiesbut also lrith a connon architectural theme and signage that isvindictive of its location at a najor entrance into the -Chanhassen CBD. ACCESS /TRAFFIC As proposed, the plans call for providing access via a singleconmon private drive Iocated adj acent to the railroad tracis.conceptually, placing the road in this location uakes sense forseveral reasons. It frees up as much of the sLte as possible fordevelopDent while providing for a conprehensive means bf access toeach of the various buildings that are being constructed. The planhas been roodified frou meetings with staff and rrill. includefeatures such as a right turn lane on north bound Great plains Boulevard and three exit lanes nith a free right turn 1ane exiting Auto Service Center PUDJuly 18, L990 Page 5 the site onto creat Plains. In addition, the internal curb cuts onthe private drive have been reduced vith the closest one to creat P1ains relocated to the east to provide uore acceptable stack movement for distances. Staff has discussed the nature of the road rrith the City Engineer and rr,e both concur that it is our reconmendation that the road bebuilt as a public street, albeit one that nay not neet full dimensional standards. We take this position since it wiII serve a large volume of traffic located on a nunber of individual parcels and rnay ultinately need to be extended further to the east toservice any redevelopment that nay occur on the Red-E-uix site. we note that our standard conmerciaf street right-of-way is 60 feet with a 31 foot driving surface. The current proposal had no right- of-way dedication since it is private and has a 30 foot drivingsurface. It is our reconmendation that satisfactory service requires a 31 foot paved area and we are reconmending that a 45foot right-of-way instead of a 60 foot right-of-Iray be provided. Compronising on the right-of-vay poses sone lEintenance problems which would need to be dealt vith by easenents on either side ofthe street permitting naintenance activities to occur. we also note that the street is being shown with a 5 foot setback along theraiLroad tracks which is insufficient to provide landscapingillustrated on the plan and to allou for naintenance activities such as snov plowing. we are reconnending that the curb line start Lo feet fron the railroad tracks. This configruration will be tightbut appears to still fit in to the narrorrest diroension of the site which is found betrreen the railroad tracks and the northuest cornerof the existingr Hanus building. The road should incorporate a turnaround area at its terninus as is required in all sites in thecity. We note that the roadway entrance at creat Plains Boulevard is only 30 feet wide which is insufficient to acconmodate the 3 lanes being shorrn at the intersection. I,lininun lane width should be 12 feet nandating a 35 foot uide road section at this point. Iast1y, ve note that the western most curb cut serving Hardeets is shorrn as anentry/exit and believe this should be linited to a entrance onlywith an exit only configuration located on the eastern side of thebuilding to provide greater stacking distances for traffic that Dayback up fron the intersection. The concern for stacking is exacerbated by the conflict between the railroad tracks and rightturning traffic attenpting to re-enter into the cBD. Traffic is a najor concern with this site. Our concerns deal withthe volume of trips that rrould be generated from a site that lsrelatively difficult to access but more iEportantly the conflictsgenerated by turning Dovenents entering and exiting the site. These conflicts are exacerbated by the above mentioned proxinity ofthe railroad tracks, by existing curb cuts in the vicinity, by the Auto Service Center PUDJuly 1,8, 1990 Page 6 location of 79th Street as lt is extended to the uest and due tothe proximity of the flrry. 5 intersection. Traffic issues concerning this site are potentially one of theuajor aspects of its redevelopnent. We vould recotulend that developnent on this site be worked backrrards. By this we mean that a naximun number of allowable turning noveDents at the intersectionshould be coDputed and factored back into the maxinum allosab1edensity on this site. We do not uish to have this developnentresult in unacceptable Ievels of service at local intersections andhazardous conditions on adjoining streets. The report from stagar, Roscoe and Faush is notSince traffic is such a najor issue, review of thethe PUD (development plan) should not occur until completed with recoromendations on the proposed pUD. yet coupleted.next stage ofthe report is PARKING/ INTERNAL ACCESS Internal circulation and parking layouts have been extrenelydifficult to work out. The prinary reasons for this are thedeveloper's preconceived notions of the size and dinensions of thefast food restaurant, the size of the proposed new car wash and thefact that s/e are working on an existing structure rrith the Hanusbuilding. The architects have done a reasonably good job of accommodating many of these concerns but further work remainl to bedone. Above sre noted a concern dealing uith the western uost curbcut to Hardeers and a proposal that it be a one way entrance onLy.other curb cuts onto the street are generally reasonable, although we believe the thro curb cuts located iunediately no*heast of theIlanus building should be conbined into a single point since the 30foot separation between them does not allou sufficient distance toresoLve conflicting turning novements. Internal circulation for the exit of the car rash is also soneshatunusual. since it utilizes an exit into the one iay flow around theIlardeers restaurant before exiting onto the new street or driveyay.Although this is unusual, we think it nay work given the relativelylow and infrequent traffic levela that a car uash typicallygenerates at its exit. We note that the car uash itself haisuffj.cient stacking room for 2 to 3 cars in each Iane which 6hou1dbe adequate to meet nornaL needs. The car wash exit does cause aproblen in that it conflicts with aeveraL parking sta1ls desigmedto serve the Hardeers restaurant. These are the diagonal atallslocated irnrnediately northeast of the point in which the car washexits into the Hardeels lot. YIe believe that the firEt 2 stallsshould be elininated since these cars wouLd be backing out intooncoming cars exiting the car rash. Parking adequacy reuains a concern, both fron the standpoint of the Auto Service center PUDJuly 18, 1990 Page 7 nurnber of stalls provided and fron their location of the use beingserved. we note that the reconf igiuration of the private drive intoa public street as outlined previously and other site changes proposed elsewhere in this report nay result in a reduction ofavailable sta1ls beyond rrhat is illustrated on the proposed plan. Based on the proposed document, ue note several apparentdiscrepancies. For exanple, 51 sta1ls are provided for the Hardeers restaurant rrhen the ordinance requires one space for every 50 feet for fast food restaurants resulting in a requirenent for 75sta11s. This standard is based on the extrenely high turnover thatfast food restaurants typically create and is based on a nunber of case studies around the fwin Cities. we are reluctant to deviate frorn this standard. Uoving to the east, we note that the car rrash has 9 stalls provided plus sufficient stacking room for 2 to 3 carsin each lane. The ordinance does not provide any guidance ofestablishing a parking requirement for car washes but based on anecdotal exgreriences, we believe it to be sufficient. The redevelopnent of the Hanus building into an auto servj.ce center constitutes another parking problem. The existing La,225 square foot structure is being provided with 40 staIls. Eighteen of thesestalls are to be Located at the rear of the building which Day or may not be effective in serving the needs that are generated. we note that the ordinance does not have a standard established forthis type of use, although lre do note that if the straight retail requirernent was applied the requirenent nould be for 91 stalls,greatly in excess of rrhat is available. It is our reconmendationthat the applicant undertake sone analysis of existing auto nall type centers that have been constructed around the fwin Cities and supply the city with infornation pertaining to parking standardsthat have been applied and how successful they have been. Lastly, we note that the eastern nost retail buildings generate aparking requirenent of 38 stalls but they are providing 49 uhichcould a11orr, for the stalls to be utilized for other usesparticularly the Hanus building if this nakes sense from anoperational standpoint. Truck access and unloading is not clearly defined from the subDitted document. We believe that trucks that will service theseproperties would have a difficult tine roaneuvering on the site asit is currently proposed. The truck loading area on the proposed eastern retail building would need to be provided with suitable screening to avoid direct views of this area from Hwy. 5. ARCHTTECTURE Throughout our discussions with the applicant, staff has stressedthe need for architectural continuity, both on this developnentitself and with the remainder of dovntown which this vi1l serve asa gaterray. At this point, ve have discussed this matter Auto service center PUDJuly 18, 1990 Page 8 LANDS CAPING conceptually with the applicant and his architects but have littlein the area of detail. We believe the inportance of this factorcannot be over stressed since the strip retail/auto service centerbuilt in a disjointed Danner co:nbining use of an existing blockbuilding rrith fast food architecture does not. in our opinion,represent the type of inage that the Chanhassen CBD should have atone of itrs roaj or entrances. we believe that the Hanus buildingcan be improved at a relatively moderate expense and brought intoconformity with an architectural style that is selected. We areconcerned with direct viens of the overhead doors from Hsy. 5 onthe Hanus building and from the car wash since the site would beregraded in a manner which nakes these areas nuch nore visible thenis currently the case today. In the applicantts narrative, theydescribe the Hardeers as a buff colored brick building with voodshake shingfe roof in keeping with the context of Chanhassen. Wedo not have the actual plans of this and these proposals nay infact be acceptable, however, it needs to be reviewed in contextwith the entire architectural thene. The City's Building officialhas indicated that there are a series of building and fire codecornpliance issues with the existing Hanus Buildj-ng. The applicantshould develop plans to resolve these concerns. TI,e landscaping concept plan that has been developed provideslittl-e detailed infornation that vill be needed to review the p1an.This problen is coupounded by that fact that no grading plans havebeen developed. Grading and landscaping are nornally revier.edtogether. conceptually, we have discussed the Hwy. 5 exposure asone of great irnportance. t{hi1e we understand the need to provideacceptable and j.ncreased site visibility, and do not object tothis, we believe that there are nany facets of this site thatshould be screened fron vien. These include overhead doors,trucking loading areas, trash storage areas, and direct vieys ofparking 1ots. We believe this can be achieved uhile proDotingvisibility of the buildingts proper and related signage. We areconcerned that some of the setbackE that are being proposed areextraordinarily narrow, often decreasing to as litt1e as S feet.A 5 foot strip does not provide sufficient roon for 1andscaping.I{e made conments earlier pertaining to the 1andscaping tfrit isbeing proposed on the north side of the access road along side therailroad. A 5 foot strip in this area for trees is not icceptabteand will not rrork since this does not allow sufficient roon forvehj-cular naneuvering, snow ploving and reLated activities. In a related rnatter, hard surface coverage on this property has notbeen cornputed but vould appear to be rather high frorn the drawing.This is not necessarily objectionable given the siters locationwithin the cBD and under the pUD ordinance flexibility with thisand other standards are allowed. Houever, we believe that this Auto service center PUDJuly 18, 1990 Page 9 must be conpensated by rre1l developed landscape plan that uaxj.nizesthe utilization of the roain green spaces. Internal parklng Iot landscaping which is required by ordinance is sufficient on this p1an. S IGNS / LI GHTTNG No details are provided on site lighting at this j uncture. sitelighting should be uniforn throughout the development and consistent with other projects in the Chanhassen CBD. we have discussed signage sith the applicant and there is sone information contained in the concept plan although it is to be expected there is insufficient detail to provide a full review atthis point. we are concerned that the anount of siqnage indicated nay be sornewhat excessive. we note that there are three pylon signs and at least two of which ri1l be used to advertise the Hardeets restaurant. rn addition, there are two large ground nounted nonument signs overlooking Huy. 5, plus we assume therewill be arnple signage provided on the buildings themselves whichwill be visible over a relatively large area. In the past, nost recently with the Uarket Square development, thecity has required the subnittal of an overall conprehensive sigm package that recognizes that this area is being developed as a PUD and that signage should be handted as conprehensively as possible.rt is our expectation that the plans that vi1I be subnitted for fonnal approval will provide sufficient infornation for review andwilL achieve this goal . DRAINAGE on a number of occasions in the past re have discussed drainagewith the applicant. staff is concerned that drainage has not beengiven sufficient attention in the developnent of this pJ.an. wenote that at the present tine there is no proposed on site retention while there is obviously a large increase in hard Burfacecoverage. We are recorornending that a certified engineer beretained to develop an acceptable drainage plan prior to anysubnittals for fornal review. We believe this factor is extrenely irnportant since if any on site retention is required, it can only be accomnodated by displacing buildings or parking since the siteis essentially fuLly utilized. In addition, grading plane withsufficient detail should be developed to pernit a comprehensive review. TI},IING OF DEVEI,OPMENT The plans refer to a phased developDent program starting in November of 1990 with conpletion in the suDEer of 1991. Staff has Auto Service Center PUDJuIy 18, 1990 Page 10 UTI LITTES no problem with this tine frame, if this is in fact what wiII beagreed to. Hot^rever, we do note that in discussions vith theapplicant there has been a number of instances during uhich it wasindicated that the rernoval of junk trucks and -vehicles andunacceptable industrial uses fron the property would be phased overwhat I believe to be a longer period of tine as leases andfinancing pernit. Staff would recoDDend against allowing theredevelopnent to proceed under these circunstances. We believethat the uses and materials found on these properties at this pointin tirne are hiqhly inconpatible uith a quality conmeicialredevel.opnent of the site. Therefore, se ask that this infonnationbe clarified by the applicant. PL,ATTING,/VACATIONS The site would need to be replatted with new right-of-rray dedicatedand old underlying easeneDts and right-of-ways vacated. we rrouldanticipate that this docunentation iiII be piepared and subrnittedfor concurrent review. No utility information has been provided at this tine. The site isfu11y serviceable by city util.ities but plan developnent needs tobe. undertaken. by the applicant to resolve utility iervice issuesprior to subnittal for fornal approval . ST'},IMARY OF FTNDINGS Staff reconnends that the proposed Chanhassen Auto Service centerbe given PUD Concept Plan approval, houever, approval is contingentupon the satisfactory resolution of the following itens prioi tosubnitttal of pLans for fornal PUD approval. 1. Provide soil testing data indicating that the site is free ofhazardous naterials or if they are found to be present,prepare a plan to resolve teh natter with projected costs. 2. The recoDmendations of the SRF traffic report should serve asthe basis for site plan developnent by establishing maxinundevelopment intensity. The internal street ahould be designed as a public rlght-of-lray under gpidelines established in the report. These allowfor reduced right-of-way but require a turnaround, wider lanesat creat Plains Boulevard and a shift of the road 5 feet tothe south. The western nost Hardeers curb cut should be anentrance only. Auto Service Center PUDJuIy 18, 1990 Page 11 3 Revised internal ciruclation and parking as outlined in thereport. Resolution of these issues nay require reductions inbuilding size. Prepare parking data to justify provisions forthe converted Hanus Building. Prepare architectural plans that will provide for a coordinated architectural theme for all three buildings thatis consistent with high quality developnent that reflects thesites location at a gateway into the CBD. Mininize directvielrs of garage doors from Huy. 5. Develop plans forresolving building code problems with the existing llanus BuiJ.ding. Develop a detailed landscaping plan that responds to the issues raised in the staff report. Develop conprehensive lighting and signage plans responding to issues raised in the staff report. Provide conprehensive grading and drainage plans for review.Retain a professional engineer to prepare drainagecalculations. Resolving drainage issues may require a cornbination of on-site and/or off-site inprovements that couldrestrict development intensity and add to the cost of development. Provide clarification of developnent phasing to ensure thatthe entire site will be redeveloped in a reasonable period of tirae. 9. Develop utility plans for approval. 10. Subnit docunentation required to replat the site. ATTACHI,TENTS 8 5 6 7 1 2 3 4 5 5 Hanus conditional use pernit. Gary Brolrn Car Wash conditional use pemit. tlemo fron Asst. City Engineer dated JuIy 5, Iteno from Fire llarshal dated June 20, 1990. Memo from Building Official dated June 25, PUD Concept P1ans. 1990. 1990. I V ( tf? CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, IqINNESOTA CONDITIONAT USE PERMIT HANUS AUTO AND TRUCK BODY SHOP WHEREAS, application has been made by Donald Hanus for aconditional use permit to construct an Auto and Truck Body Shop ona tract of land rr,ithin the City, the location of the proposed iutoand truck body shop and retail sales faciLity upon said premisesand the 1ega1 description of said tract being as shown on SxhibitsA and B hereto attached, and WHEREAS, said premises are within the Central Business District ofthe City Zoning Ordinance, which requires a conditional use permitfor the proposed usei and WHEREAS, the city Planning commission has given consideration to theapplication and has reconunendeil the grant of a conditional use permitupon certain conditions r and WHEREAS,,the City Council has given due consideration to said applic-ation and the foregoing reconmendation, NOw, THEREFORE, a conditional use permit is hereby granted to theapplicant herein to erect an auto and truck body lhop upon thedescribed premises, subject to the following teims and Londitions, .. all of which sha11 be strictly complied with as being necessary forthe protection of the public interest: 1. Pernit Not le eiglgb1ej_ This permit i.s personal to saidapp1icantffii9nedwithoutwriitenconSentofthecity. 2. -. Description of Property. The premises subject to the withinconditional use perrnit and the location of the proposed auto andtruck body shop and retail sales facility shalL be as shown on ExhibitsA and B hereto attached. 3. No Open Storage. No open storage of rnaterials sha1I beallowed aEEF-.I6Efig-Idrs exclpt for wiecked vehicles that may bebrought in at night and except as permi tted by SZ of this permii. 4. No Outside work. No work shal1 be performed on any vehiclewhile the-7ef,iElE--IEETding in a parking area; and no worl shall beperformed -on any vehicle while standing outside the body and frameshop building. 5. Roadyay Easement. There sha1l be a dedication to the Cityof an easemenEJo-r puElft-right of way, street and utility purposesas more particularry describetl on Exhibit c attached hereio- and madea part hereof, Said easement shall be knorrn as West Zgth Street. 6. permi t need f descrilies b and th on Exhof sai fur the nation previo of the 7. s tr ic ted 8. other tha mises sub 9. shal l, be Kurvers a property . Open Sales. Eo-Een-mT o en Stora e.nt ose o apject to the w bus ines s shop ,on vehicles, the pre- bed in Exhibit C attacheil hereto and made a part hereof, whichetween the easterly right of way line of Great plains Boulevarde easterly line of that certain cul-de-sac which is depictedibit A attached hereto and made a palt hereof, by the favingd street to a 9-Ton capacity and a 26-foot $ridth: appiicanir acknowledges that a public need exists for the offiliaf desig_of that portion of West 79th Street which is described in the Pavin and No Parkin Zone.,tor he app the improvement of that port L can t acknor^r ges the Open sales and storage of trucks shaLl be re-trucks at any one time. By the acceptance of thisat there is an inunediate publicion of West 79th Street as us sentence as a "no parking zone,, under the applicable ordinance-City. There sha1l be no storage ofplicant rs auto and truck bodyith j-n conditional use permit. Grad i-n of West 79th Street.at a eve 1 r^,es the strnd Klingelhutz properties lyin Grading of West 79th Streeteet easily accessible to theg westerly of the subject 10. sco at to 11.No Other Business. Exhib it A sha1l be caiiiedtional use permit. 12. Drawi n s Incor ora ted .pe of th e rawlngs as presente The developer shal1 be bound by thed by the developer to the City Councils of said drawings are attached here- -its May 2, L977 meeting; copieas Exhibits A and B. No other businessout on the Premises except that shown onsubject to this condi- faciliti es on the aforementi.onundergrounil power 1ines. Electrical Service.Electrical service to the applicanttsed property sha1l be provided by -2- 13. Screening. The north and west sides of the aforementionedpremises shall be screened to block the premises from the view ofneighboring properties. la: . P9!9_Regy+regj_ A cash bond, or a corporate surety bondapprovecr by the city- Attorney, sha11 te posted with the citt to insurethe performance of the requiied randscaiing. rrre arnouni-"i "ita--u."a -shall be determined by City staff. 15. public welfare. The establishment, maintenance, anil operation of tEalEE-5err-i6t u" a"tti.""iii t" nor endanger'th- pubrichealth, safety, comfort or general welfare. l'6- Nuisance- The activities conducted on the premises shalr notcause the-EiEffiE of noxious odors nor cause noise. The use shal,I notbe injurious to the use and enjoynent of other property nor diminishnor impair property values within the inunediate- viiiniiy L7.Other Re ulations.ty ordinances,state a9rs , applicant shalI comply with atlregulations of state agencies and The andci sales fac i Ii ty, be permitted byof the premises. departrents. 18.No Chan es in Use Permitted. The use of thetures sha11 MT te to an auto a truck body shopand no changes in the use shaIl occuran amended conditional use permit or proposed struc- and retail except as mayby a rezoning 19. evidence the premi Said evid surveyor. Proof of Title.satisfa-tory to ses involved her ence shall inclu ewit@ermit e $rith all conditions of the pet the developer has not strictlt, tlt e permit may be terminated expenses incurred in the enforcthe obligation of the applicantspecial assessment against the Ac ce tance - The applicant sha11 furnish the City h'iththe City that he has acquired fee title toein prior to comrlencement of construction.de a boundary survey prepared by a licensed Permit Subject to Review. The City reserves the right to. at any time to determinermiti and if the City deter-y complied with the lerms ofat the option of the City. ement of the within permit , and may be recovered by thewithin described premises. 2l . Slandargs 4pplicab1e. The City Council and planning Cornrnis-sr.on have determined that in the grant of the within conditional usepermit, the standards of s23.06, as amended, of the chanhassen zoningOrdinance have been met. 20. revie$, th compl ianc mines tha the permi A11 cityshall beCity as a 22. signs sha 11 e s sued No permi ts unti I the for grading, developer has bu i l ding accePted or erecting the withinconditional use permit. 23. crading Plan. No permit for grading shall be issued and thecreve roper - shall perform no grading of the subject property until thedeveloper's grading plan hal been-reviewed by City stitf ior purposesof verifying that said grading plan is in cornpretE conformity-wiihaL1 of the provisions of the wiahin permit. Baid grading plen sharlinclude existing contours, proposed grading elevations, driirr.g.configurations, storm sewer catch baiin an6 invert elevations, spotelevations, proposed road profiles, locatj.on and candlepower of l:.tilluminaries, and location of exterior trash and garbagl storage areas. 24. to City d iame teof allthe devplan hasaid Ia wi thi n May 15, Land sca Plan.sta a a scape The develplan whic oper agrees to prepare and submith sha1l include location, type andand descriptions of and locationscaping permit shal1 be issueil andscaping until after said landscapef for purposes of verifying that r of aI1 proposeil plantings,screening devices. No landseloper shall perform no lands been reviewed by City stafndscape plan is in conformitpermit. A11 landscaping sha 1978. v 11 -3- with all of the provisions of thebe completed and in place by t,t zJ. permi mitte verif of th Attes t : tsdbyinep Building Permit,fast Track Building System. No buildin ghaI1 be issued until complete build-ng-plans have been sub-y the developer and received by City staff for purposes ofg that said building plans are in fuI1 conformity with allrovisions of the within permit. If, however, the developer chooses to proceed using the "fast track builclirg system", the prepa-ration of mechanical plans and electrical plans and the submission ofsaid mechanical and electrical plans to tle City staff for the above described review may, at the developerrs option, be postponed until conpletion of the frame body and frame shop structure. The previous sentence notwithstanding, no electrical or mechanical construction shaIl. occur until after the above described review of the electrical- and mechanical p1ans. Provided, however, that it is a condition of this permit that the construction of any buililings upon said premises shaI1 be oompleted by December 31 77. Adopted this day of June, 1977. MAYORa/, City el. erklMan.ge1 =- ACCEPTANCE The undersigned owner of the above premises hereby accepts a9r sto the terms be bouniland conditions of the permit herein granted, and by the terms thereof . Signed LhLs -/2 day of , !977._ u ene u -4- ii CITY OF CHANHASSEN CARVER AI{D EENNEPIN COUNTIES, }TINNESOTA COND ITIONAL USE PERI.TIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for: The constluction and operation of a car washin the C.B.D., Central Business Districl- 2. Plooertv. The pernit propelty in the City of ChanhasseD, (See attached Exhibit 'An. ) is for the following described Carver County, t{innesota 3 Condit ions The pernit is issued subject to the following cond it ions : lhqt the bu!Idinq depicted in the official site plan be shifted5 feet to the we5t. 2 1 That the applicant enter into an indemnity agreement with theCity holding. the-City harruless fo! any coits-in restoring theconcrete curb and biturinous hard suriace roadways const;uctedover the permanent 15 foot sanitary sewer easement. 4. Termination of pernit. 3he City nay revoke the permit fol.Iowing a public hearing under any of the folloning circunstances: srateriar change of condition of the neighborhood uhele the use is located; violation of tbe teres of the pernit. I ' 5. Criminal penaltv. Vio]ation of the terns of this conditional use permit is a criminal oisdemeanor. Dated:/9 3 CITY HASSEN By: Itlay o tsC er STATE OF MINNESOTA ))ss COUNTY OF CARVER ) <x1 - t!"v oay otMayor, and Da l'linnes ota fo egoing instrument was acknowled ged before ne thisL9tj, by Thomas L. Ha.nilton,on Ashrrort c ty l{anager of the Ci ty of Chanhassen,nunicipal corpo ration, on behalf of the corporation. - N ary By: CITY OF CH[NH[SSEN 690 COULTER DRIVE . PO. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937_5739 IUEI"IORANDUI'I TO: FROU: DATE : SUBJ : Jo Ann Olsen, Senior Planner Charles Folch, Assistant City Engine., d( July 5, 1990 PUD,/Concept Plan Review for the Chanhassen Auto ServiceCenter - Hanus Building PUD FiIe No. 90 -2 I have reviewed the PuD/Concept plan for the Chanhassen AutoService Center and find that I am in agreement with many of thefindings and recommendations in planning Director paul Krauss' memo dated June 26, 1990. The site has existing structures, features and boundary facili-ties which will greatly influence the final plan layoul. Trafficgeneration, parking adequacy and rainfall runoff rate controlwill be key issues in defining the density and extent of imper-vious areas for the development. When mole information pertaining to utility design, grading anildrainage are supplied by the developerts engineer, a moretletailed review of these issues can be nade. I recoulend appro-va1 of the PuD,/Concept plan for the proposed Chanhassen AutoService Center contingent upon the ten (10) stipulations from theaforementioned memo. CH[NH[ESEN 690 COULTER DRIVE. PO. BOX.I47. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (512) 937-5739 TEI{ORANDUM TO: JoAnn Olsen, Senior Planner FROIII: Itlark Littlin, Fire arshal DATE: June 20, 1990 SUBJ: P.U.D. *90-2 I 2 Submi t ut i I i ty pl an for add i t ional hydrant s. fire hydrant locations and possible Curb cuts must be reviewed by Engineering and Fire Depar tDent. CITY OF tEHO DATE (mm/dd /yy). r-)L,/i:, !"iLt _'O: F'aui l,rar-.r--e FROM: St eve A. l,::i l-. hmtsn 'SUBJECT: '-1O-t1 F Llil .HanLLE TITLE/TO: Fl anni ng Dirertar TITLE/FROI'I: Er-ri 1J i nq fif f iri.a1 Building.t | .: The. burilding is nek, rlasBi f ied as an H-4 trccupanf,y uith of f ices occr-rpyi.nqLe=s than 7r)7 ,=, f tlre f lar,r area. The buri lding must be sprinklered i f thetrc,:upanrv llassi ficati*n thanges. The designati,:n as an Auto Service rlenterr's ntrt dEtailed enough ta determine the Earref,t ,f,rcupanEy rlas=i f icatir,n. ITpolicable oermii: - -;..: -r:',;:e,:ti*ns uill be required priL-,r t* any new tenaBtE r''cELrtryin-q the bLrilding r-.r ev;iEting tEnants changing the nature i-,r lE,,:ation i-tf | 'xisting ,:,,:':Ltfran,:i eqr" lr,:p,3sg,-i c[ranges tn the building t r_, blend in k]ittl t]-,8rrratLrrE nf thi: neur cieveir,oment r*',:r-rL d also ri=qLtire permits. I L ,. CHANHASSEN PLANNING COMHISSION REGULAR I.IEETING JUNE 20, 1990 Chairman Conrad called the meeting to }IEHBERS PRESENT: Steve Emmings, Ladd HEI,IBERS ABSENT: Tim Erhart, Annette SfAFF PRESENT: Paul Krauss, PlanningPlanner; Sharmin AI-Jaff, Planner One;and Mar k Koegler, Consultant P.m. . BaLzli and Joan Ahrens tli ldermuth Ann Olsen, Se ni orCity Engineer; order at 7:40 Conrad, Br ian Ellson and Jim Director: Jo Gary [^larren, PUBLIC HEARING: IIETLAND ALTERATToN PERMTT To coNSTRUcT A tlALKl.lAY PATH THRoUGH A CLASS A I.IETLAND TO ACCESS A DOCK LOCATED AT 7016 SANDY HOOK CTRCLE, CHRIS ENGEL FORLOTUS LAKE BETTERI,TENT ASSOCIATION. NA I.I AD l)RE SS ( Chris Engel Dic k Her r Jo Ann Olsen presented lhe hear i ng to order. staff report. Chairman Conrad called the public chris Engel: Mv name is chris Engel . For the record, Engel at 7016 SindyHook Circle. That's my residence. I don't live on the tennis courtsthere. But m presently acling as president of the Lotus Lake BettermentAssociation. That's why I'm here tonight in regard to this issue. I'msure most of the council or the commission members are aware of the processthat is taking place on this piece of land over some 1g months nou. I'dlike to make a statement regarding the staff report. First off, concerningthere's numerous indications, numerous notations in here as to filI and theproperty it says, in various sections of property was filled. I'd justIike to clarify that point because in essence the proposed or the intentionof the board at the Betterment Association was not necessariry to filr theuetland and ure did not maliciously try to alter the wetland. Ue simplycame down and laid a truckload of rock so that we could access more easilyour lakeshore property at 25 feet there. It aI lor,,,s us also to bring ourboats across there. Not necessarily our outboards but our canoes. Therafts, some paddle boats, etc. and the reason also I bring that point up isin my conversations with the DNR, specifically pet Lynch, our greatesterror that I can see urith uhat r.te did at that property is that He simplymade our pathwav too wide initially. Ue made it 2s feet approximatley ridebv approximaLelv 42 feet long up from the Iakeshore. The oNR regulationsspecificarlv state that there is n-ot even e DNR requirement for.i propertyowner or a private landowner to selk a permit from the DNi-regarding accessto a lake for private boat launching rnd that is, ue do yes hive a dockthere but we also launch boats there. And r.re fert that our position uaspretty squared away with the DNR and like I say, I do have a copy of the DNR regulations in front of me and r don't knor.l if you have that but under61115.0210, Structures in Protected Uaters, subparagraph C(1) is what I,mreferring, it states that privately or.rned ramps sharl not exceed 12 feet in r PUBLTC P_IiES_Ellr: 7015 Sandy Hook CircIe width and extend more than 10 feet beyond the ordinary high water inark andI note ordinary high water mark also would indicate, this paragraph isreferring to property that urould be in uretland area or into water of more than 4 feet in depth, r.rhichever is less, Excavations, 5 cubic yards orless and placement of up to 5 cubic yards of crushed rock, gravel , clean sand or small stones shall be allowed in order to provide a stable base and_ maintain use of the ramp. Again, this paragraph refers to something thatthe DNR has condoned as a natural process for allowing access to the Lake. This is a private property and we felt that since the DNR did come down along uith the time last summer when I met uith Jo Ann and some of the other staff people, ue agreed that we were in violation of the ridth of this property and ule felt then that Ne still urould be alloured some type of a boardwalk, pathway, whatever. Ouite honestly, the 12 feet uas something -that we would have preferred because it r.rould give us betler accessibilily and the reason that I proposed or we proposed simply a pathr^ray r^ras simply nothing more than a compromise between us and the City aLong trith trying to_ comply with the DNR so that we could in fact have accessibilty to this area and granted al a lesser cost to the Association since the gravel is already in place. I refer back to also the fiII statement tha! I made at the onset. We did not fiLl this property. tle did not bring dirt dor.rn. t,e did- not pu]l out Purp]e Loosestrife by any illegal means. t.le simPly brought the rock down and laid it on top of the muck that was already there. I would also like to make one comment, final comment regarding Past Practice -because it uras also mentioned in the staff report about past Practice. I have lived on the lake or near the lake for about 4 years now and have "noticed that in the last year, specifically on the uest side of Lotus Lake, there are 3 properties that are relatively new I uould say ulithin the last - I months that have pathways to the lake and I b,as over at those properties yesterday. Their addresses are 49o Bighorn Drive, 480 Bighorn Drive, and 471 Bighorn Drive. AII of r.rhich have hishly developed lakeshore property. - 490 Bighorn Drive has a rockway path to the lake with pavers that they use as stepping stones. 4ao has a boulder edging along the lakeshore with sod up to the waterfront. And 471 has developed lakeshore with sod and a sand -beach uhich obviously they dumped sand there. I guess I only bring up thispoint as to discuss and to point out the past practice. I question the staff comment about the consisLency and the recommendations because in fact these properties have far extensive, more extensive development of their lakeshore than we're proposing here. I uould ask the Commission as well as the City and the staff to reconsider on their recommendation to the Lotus Lake Eletterment Association and as a compromise, if you ttill, allow us a rock pathhray to our dock. It would be the upside of that for us, as I mentioned earlier, uould be ue're talking about an area that is thruuetland. However, the cost of us putting dock in as opposed to leaving it -as it is and removing the rock that's in violation slould be in the neighborhood of 97,8OO.OO just to buy sections of dock. Hy conversationwith Pat Lynch yesterday, one final note. I do not have urritten documenlation of this but Pat Lynch quite honestly I talked to him and asked him urhat his feeling ras again about the rock as opposed to the dock or boards because I would refer also to Jo Ann's comment about a boardwalk because there's no specification as to how the boarduralk nould be constructed. If in fact we were to put a boardwalk down by simply bringing 2 x 8 boards and butting them up side by side and laying them doun onto the muck, I would question the amount of vegetation that would grow up through - Planning Commission Meet i ng June 20, 1990 - Page 2 I Planning June 20, Commission Meet i ng 1990 - Page 3 those boards. I asked Pat Lynch about that fact and he said you're exactlyri.ght. The point being, the ONR urould actually prefer rock be used for thepathway as opposed to boards simply because rock is more ecologically soundthan a board path. Like I say, I don't have written statements from him tothat fact but that is in fact uhat he told me yesterday. Thank you. Conrad: Thanks for your comments Chris. Are there any comments? Othercomments? Is there a motion to close the public hearing? Batzli moved, Ahrens seconded to close the public hearing. AII voted infavor and the motion carried. The public hearing ras closed- Conr ad : tal k to Jo us a Ann, before r^,e 90 around the Planning Commission why don't youlittle bit about rock path versus boardwalk. Olsen: Again we're getting different, and I don,t want to pit differentpeople on the DNR against one another, urhatever but who I used to uork withis CeiI Strauss and she's our district person and again speaking ulith her,they prefe:' the boardwalks over stones so we're getting different opinionsand that happens in any department so f don't know hor^r to argue differentpeople's opinions on lhat. As far as the boardwalk and our reasoning forthat, and yes we don't have specific dimensions on that and how it shouldbe constructed but the reasoning as cel has said and then also the Fish andtJiLdlife and the Corps is that that's there. The boardwalk is there andthen you're not putting in more rock or putting in more dirt when it erodes away or uroodchips or whatever and that,s one of our reasons for supportingthat. He also brought up Bighorn. I knor.r of one lot that I did 9o visitthere that already had a clearing there. It uas a natural clearing that t,eallowed them to access the water. I haven't been to those other lots so wecan check il out. Conrad: I think r"re have to . difference there is wetland versus just not wetland so. On Bighorn, were those uetlands? lot that I looked at was not wetland. Olsen: But the Conrad: Okay. Olsen: The one Conrad: Joan, Ahrens r I seethe ord i na nce t hat? Ahrens: Isit elevated? questions? Steve lookingsaid about the up the ordinance there. I h,as boardural ks. Is there anything uronder i n9 whatspecific about Emmings: I don't know and I'm not looking for that but I can teII you thatit's been what we've done in the past but I don't know that it's in the or di nance . Olsen: No,it's not. the intent to lay the boardwalks down on the ground or to have T Ahrens: So if someonefor a permit. came in and uranted to build a boardualk and asked Olsen: [.Je have almost always given those, yes. Ahrens: An elevated boardr.ralk? So it uould be elevated over the uetland? It wouldn't be sitting on the ground? Hour did the rock Path get Put in place to begin with? tlas there a permit for that? There Nas none? So I'nL sorry, I forgot your name. Chris EngeI: Chr is . Ahrens: Chris. Chris Engel: To the best of our knowlege, again, between us and the contractors who did the urork, Lhere was a permit obtained. And you did not, somebody didn't iust come down there and dumP a load of rock. There was a permit obtained to the best of our knowledge. Ahrens: hlas that part of the whole permit process of the filling? Olsen: tjelI I don't know if uret I a nd alteration for these was fi lled out . you remember , ue r.lent Iots and that's where through the whole there uas a permit that Ahrens: But the City maintains it b,asn't approved? olsen: No. There was a letter sent out by the previous Planner, Barb Dacy stating that they did receive the permit application but that there may be - a r.retland on the property and a wetland alteratj.on permit might be required. At that time though I think h,e were only working uith Pfankuch and Frost and then urhen we got to that process, that's trhen ute got into the- Lotus Lake Betterment Association. Chris Engel: t,lelL they had used our land to eccess the properties to the south of us to do their lakeshore work and damaged our property so that He basically had to bring something in. It was so dug up from the Bobcat and so forth and just dump some rock there to make it possible to get onto your dock or in your boat or walk through there u,ithout ualking into any rnuck. Ahrens: I guess what's rcally key here for me is that it is a Class A uetland there. Your quotation of the DNR regulations, I didn't hear anything that mentioned access to the Iake through a wetland and r.rhat would be okay uith the ONR. ( PIanning Commission Heet i ng June 20, 1990 - Page 4 olsen: Usually what we've done, wha! has been done is they've been elevated because a Lot of times you're through urater. A lot of times the uetland is r"rithin the r.rater so it is up. Posts into the h,ater and r.letland. chris Enge]: l.lell that's not really true because if you read, I can give these copies, because if you study the ONR regulations, they uould not refer to the regulations as over the ordinary high r.rater mark unless they were discussing a u,etland. That does denote uetland. ( PIanni ng June 20, Commission l,leeLing 1990 - Page 5 I Olsen: We should poin! ou! that the DNR has jurisdiction only at the ordinary high r,rater mar k and belout. Chris Engel: I think it's important for the commission and all of us to bear in mind that you know, h,e try to entrust the Fish and t,ildlife, the ONR r"Jith protecting our natural resources and I'm just t"londerins if any of us in the room feels more qualified than the DNR I guess to make the decision or to override what the DNR says or uould allow it in this case. conrad: weII we do have uhole lot of time. an ordinance and ure spent over the Iast 10 years a Chris Engel: The point is your ordinance doesn't discuss, doesn't dictate what that pathuay. . . Conrad: No it doesn't but it does protect Type A and Type B wetlands. Conrad: So it's not that the City hasn't, the City has spent a whole lot of time, jusl a whole lot of time over the past 10 years protecting the wetlands and tha!'s why you're here. That's why there's a wetland alteration process. To try and keep the lakes a Iittle bit cleaner Lhan they are and unfortunately those of us on the P]anning Commission have spent far more time than we'd ever u,ant to listening to uetland issues 'but we do. Ahrens: Nell I think the City position of requiring boardwalks over the wetlands is based on good public policy and f think there's a lot of wetlands in the City of Chanhassen that we seek to Protect that are not under the jurisdiction of the DNR a! aII. I mean it's not that the DNR,just u,anted to finish my statement. I will go along ulith staff recommendation on this. I think it's good that ue require boardulalks and that r.re have a consistent policy. I think we need to have a consistentpolicy rather than having some PeoPle have boardwalks and other PeoPIefeeling free to ju3t do, build anything through a wetland area. Irll go along with the staff recommendation. Chris Engel: Are r.re more concerned with upholding the ordinance or are r.re more concerned uith...actuaLly ProPer e,ith those agencies. The fact of the matter is, now you're tellins me that t.le construct a boardwalk because' out of urood, because in fact the wood is uhat ule've done in the Past. Does that mean it's better? No. Does that mean u,e have to do it out of wood? No. But rahich really is better for Lotus Lake? You tell me on one hand that you're concerned about ecology and the survival of Lotus Lake. I just explained to you that the DNR in fact told me that and also by the regulalions it doesn't state constructing boat ramPs out of Hood. It talks about constructing boat ramps out of rock and sand. Those are Providing I Ahrers: The DNR doesn't have restrictions for everything. Chris Engel: I think it should be...again like I say, Pat Lynch as opposed to CeiI Strauss uras the district representative for the DNR up until very recently. In fact Pat Lynch probably has more experience with this area than Ceil Strauss who's also quoted in the staff report. 'r. Pla nni ng June 20, Commission Meet i ng 1990 - Page 5 natural filtration to the lake. Boards do not and yet you...anymore vegetation to grow up around those boards than you do through that rock....in the process of the betterment of the lake. Not whether we hlant toproper according to the ordinance. Do uhat's right for the lake.be- Conrad: I think h,e agree r.,rith you that we should do what's right with the - lake for two reasons. One, ule are concerned wilh waLer quality. Whetherit's Lotus or any other Iake. Two, consistency of our interpretation ofthe ordinance is real important because you quoted or your referenced some -other lols that may not have been doing things properly and what we've found here is when we are inconsistent, Lhen the policy becomesinconsistent and then everybody has a very lega} way to 9o back to the City-of Chanhassen to say you've allowed it over here and you didn't here.Therefore, from a suit standpoint, from a lawsuit, we don't have anordinance. Once you break the ordinance you've basically, in terms of houryou rule cn it, you basically don'! have one anymore. I think your point that you're bringing up Chris is a valid one. If rock is a bettersubstitute than a boardwalk, we should know about it and r,le should change, we should put that into our policy if that's the case. l.lhat we have heard,- and I've been involved, I hate to keep saying I've been here, but f 've beer here and I've heard a u,rhole Iot of experts teII us what was ecologicallybetter and we didn't say prove it and we didn't have technical evidence but_ue did have DNR come in and say, and it uas probably a different person ancthey did say that boardwalks urere ecologically superior. You could get into some other issues too. Hou are the boards treated? And you know, Heget into those things. If the boards are treated with something that'secologically poor r we may be damaging the situation so I understand r.rha!you're saying, I think right nor.l we don't' have evidence to say that ourpolicy is not right. I think we'lI challenge staff tonight to come back te us and talk a little bit about that to make sure He are enforcing a policy that's the right one. tle're obviously geLting some different information.Sorry Joan. Chris Engel: There ulas also no mention in any of the previous testimony ordocumentation. Quite frankly the first time I've ever heard or read'anything about an elevated, now we're into elevated boardwalks, wastonight. Somehow that's an issue that just all of a sudden's been raisedsince I guess, I guess maybe since I brought up the point of how vegetationtrould, when I visited with Jo Ann, how the vegetation is going to grow through boards. conrad: t^lel1 they should be elevated. Absolutely. Conrad: It's probably assumed that people would becauseto get uet but again, it's one of those things. I don'ttechnical but basically a uetland operates all together. they di. dn 't h,ant want to get tooIf you pake one ( t Ahrens: I was just goin9 to say, some rocks are also treated withpetroleum products and aII sor!s of other things. Chris EngeI: That's never been mentioned... The commission report from March and City Council, they never, ever gave us a directive to make thatpathuay out of elevated boardwalks. Planning June 20, Commission Heeti ng 1990 - Page 7 Thanks for your comments. t^le had a public discussion earlier, tlore comments. t break in it, it's no longer a wetland that's serving a function so as soon as you put in potentially a barrier through there, that kills that uetland if it's 1Oo feet wide they poul.d say and you put in a 3 foot strip, that contaminates the uretland. The Hetland basically doesn't function properly anymore. That's what the experts have told us and I guess I don't want to explore that any further but that's my understanding. Brian, questions? Dick Herr: There's never been any h,ater under that area there. I've lived there 10 years. My name is Dick Herr. I live right next door to the tennis courls and I'm down there all the time. Over the 10 years I've Iived there, there's never been water there under it. Before there uiere some old boards going out there to the dock. They uere just Iaying on the mud. It's not a free flowing u,ater. I mean, I think this whole thing isgetting kind of assanine- I've lived there 10 years. Our whole neighborhood has a little strip of property - New neighborhoods have comein and put in 3 docks for their neighborhood. A sand beach. People are building houses across the lake from us putting in 25 foot beach area forprivate residences. l.Je've got a little bit of gravel there to get to our dock without getting our shoes muddy to get into our boat. I think it'sgetting pretty darn assanine to ask us to spend all kinds of money buying dock area to lay down on gravel or raise above the gravel or take the thi ngs . . . Conrad: Brian. 1 Olsen: If you recall, uhat ue did oas to use the aerials before any development had occurred there where there b,as vegetation. It uas a Class A uetland all along that strip. Batzli: So the dock section, regardless of whether there's flotring or not flowing urater is still considered a Class A uetland? Olsen: It's just the type of vegetation. Again there's the three. The soils, the water and vegetation. Typically t^,hat's adjacent to the oPen Hater is usually. . . Batzli: No. I agree with Joan's comments for the most part. I guess f 've been on the commission long enough to, unfortunately at least from the applicant's perspective, that a boardr.ralk is elevated so the argument that...won'L grow I think is diminished by the fact that we're all. assuming that it's elevated. There's a free flow of water underneath it and it'sfree for growth of... Batzli: Just out of curiousity based on that comment Jo Ann, for my purposes of clarification, is the permit then, is it not 9oin9 over a Class A wetland? tJhere is the Class A h,etland then? Olsen: By vegetation, yes. ft would be allowed to come back. It r.rould come back as uetland vegetation. Batzli: Isn't it typically...for a Class A wetland though that there's open water? I Planni ng June 20, Commission Meet i ng 1990 - Page I ( Chris Engle: One point of clarification. Conrad: Sir, thanks. tle had the, I'lI give you another chance but I'mtrying to keep some continuity up here. Thanks Chris. Comments Steve. Emmings: t^lell, I was looking for the beachlot ordinance been, have you been putting boats in over this area into here. You haven't-lhe Ia ke? crushedtal ki ng Emmings: Okay, fine. That was urhat I uas uondering about. I've got just a couple of comments and f guess that would be that what the DNR has to say_is of interest but we define urhat's a wetland. The City defines it. Ue'veprescribed r^rhat wil.I be done to wetlands. Our ordinance is more strictthan the DNR regulations so uhat they have to say is of course of interestbut it isr, 't determinative of what we do. tle've always required elevated boardwalks through wetlands in this situation ulhere you're getting from the larrd you have to 9o over a wetland to get to the lake. In every casesince I've been here we've required boardwalks in that siLuation. Elevaled-boardwalks. I agree completely with Ladd. If there's something, we've never heard about having a gravel path before and I don't feel like it'sour role at all to punish, I'm not interested in punishing you people for having those rocks dosn there by making you remove them just to have you do-it. If I have to vote on this tonight, I have to go for the elevated boardwalk because that's what ue've aluays done in the pasL and I guara'nteeyou, your two neighbors to the other side may be here asking to put rocks down instead of boardwalks uhen ue've already, or someone else is 9oin9 to come in and say, no!^,r you've granted boardwalks and you've granted rocks, we u,ant something else. So it may be a situation where the thing te do hereis to get some testimony and find out if a rock path is just as good. Because if it is, I'd be for it. For leaving it. But if I have to vote onit tonisht, f have no choice but to follor.l the staff's recommendation. Conrad: Jo Ann, urhat do you think? tlhat do you want to do in terms of... Olsen: tjell I can get docurnentation, if you uould like, from the DNR andthe Fish and t{ildlife Service and the Corps. That uill take some time. Iguess it's up to the applicant urhat they would like to do but no matteruhat I'II look into it. Conrad: tlell tell me, you're comfortable with, ue've got a policy outthere requiring boardr.ralks. Now l.lr. Engel is telling us that DNR is sayingthat rocks are just as good or maybe better than a boardwalk. That'sinconsistent with uhat I've been told in the past but that's just hearsayor that's just, maybe not hearsay but that's what the experts have told us ulhen we've asked a subject. So I guess I'm curious abou! hor.r much ue uantto challenge what we've heard in the past. (Ahrens3 t^lell I think what the DNR said uas, they uere comparingrock ualkways with boards that uere on the ground. They L,eren'tabout elevated boardwalks versus crushed rock ualkuays. You uere comparing. . . Chris Engel: No. Canoes. You knou, and rowboats. Not power boats. ( Planning June 20, Commission Meet i ng l99O - Page 9 Conrad: Good point. Any other comments here? Chris, do you t.rant to say somethi ng? Chri.s Engel: tlell aga.in, I'd ask to reiterale one point on this. f meanthis discussion of elevated boardwalk is just amusing to me because the gentleman in here mentions that all the time that he's been around or sat on the commission that they've discussed elevated boardwalks. I've heard every one of you talk about elevated boardr.ralks. This process has been Eoing on for over a year. I have read every documenL that you people haveuJritten. I have not seen the urord elevated boardwalk. Non al,l of a sudden boom. You attach yourseLf to a word that fits the cause. Elevated boardwalk. No, if it was such a concrete issue to this commission of an elevated boardwalk I submit to you Lhat you would have put it in these documents but now it's an issue that well, it's some way that we can makethis right. Somehow ure think we can make it right. How high elevated? 2inches? An inch and a half above the soil? tlhat are we Eoing to get intohere? tjhat kind of a total , I mean Hr. Herr has got a point. I mean hle have been wasting taxpayers' dollars for months over ti15O.O0 r.Jorth of rock and it's going to cost us !!1SO.OO to pul I it out and it's al I that r,re simply ask the conrmission and the Council that we want a path. Big deal . And nor,r all of a sudden ure're talking about, we're going to argue overelevated boardwalks. We're going to spend more money of the DNR's federal money on researching it. t^ie're going to 9e! more testimony. I quest.ion the overall responsibility of this uhole process. Conrad: I don't think you should. Emmi ngs: I don't either. Conrad: I think that's a real insane comment that you just made. We're here trying to do some protecting of the environment and you're telIing uswe're wasLing taxpayer money which is real, thanks for your comments, f don'i need any more. Hrs. Herr: But he's from the DNR. Dick Herr: That's uhat the ONR said. Conrad: That's good - somebody that u,ants to Mrs.. Herr: He 's been LuciIIe Strauss. Noneue're tal king about . keep talking to the DNR and you found you but ure do have our ou,n ordinance. You can talk to there. of you Pat Lynch has been to have been there. You this property. don't even know Has what { Conrad: I have. Mrs. Herr: Yeah, you have. Emmings: Did Pat Lynch say I'd like to know. I'd like up with the DNR on that. I about this. Ne were being irresponsible because if he did' to follow up on that. I think ue should folLow think Pat Lynch should come here and talk to us Planning June 20, Commission Heet i ng 1990 - Page 10 olsen: Okay. And Ceil Strauss has been there. [.le've surveyed theproperty. Conrad: Is there a motion? Emmings: t,lell I uonder if they're interested in our looking into it because I'm interested in our looking into it but maybe nobody else is. E,rmings: Yeah. That's the way I feel. I'd like to, but I don't know. If -they want us to vote on it, we can but I'd like to table it. Get Pat Lynch in here to talk to us about this kind of a thing. The other thing that bothered me about what he's saying is that apparently there's never been, -in the cases in which we've required elevated boardwalks in the past, there has been water and here they're saying that there's never been water there for a substantial period of time. That may be relevant and it may not. Batzli: But see I don't remember puttins in a boardwalk over before. It seemed that there uras alurays xater. a dry spot Olsen: No, !4e've done it over dry areas. Batzl i r Have we? Olsen: You knou, mucky areas. Chris. Engel: [.le're willing to wait. Dick Herr: I could certainly see an elevated walkr.ray if pater was passing. It's built up and then put rocks on it. You're changing it. The only uJater that would come in is stronger lraves and then wash right back outagain. There isn't anything passing under this. The only time there's standj.ng water is when Lotus Creek, there's a creek behind my house is f lor.ring real strong and the lake is in excess... Emmings: HoH about right now? Is your Iake back up? l'linnewashta's higher than I've ever seen it. How about Lotus? Conrad: Yeah, it's not as high as it's ever been but it's... Dick Herr: It's gotten over our dock on that 12 inch rail a couple years ago and it got over most people's, a lot of people's docks and 2 days later r"rith the egress of the creek, it nas back to it's normal level. Emmings: t,hat about right noh,? Things about r ight nor.r? are pretty high right now. l.lhat Batzli: t^lell no. I agree urith the appLicant's earlier comment that ourfirst concern is with the uetland and I don't agree with his last comment because I think that tras conlradictory to what he said earlier but. if our concern is for the wetland, I think we should look into it. If the gravel path is a viable alLernative, we should know about it before r^re make them spend $8,oCo.0o to take it out if it's no! harming the wetland. { Planning June 20, Commission l''teet i ng L99O - Page 11I Dick Herr:inches. Or Emrni ngs: No, that's my the past but they've go like to talk to. Right now there's water is coming up on the shoreline about 6I mean about 2 feet into lhe shoreline. Emm i ngs : Is it up No. to this area where you've got this rock path? Chris Engel: Conrad: But see the issue is not real]y water. It's not a r.,ater issue. The issue is preserving Lhat uetland. To Iet the ureLland survive and once you break it, as the experts have said, that once )rou break it' you break it r.:ith something that kills the vegetation then you no longer have that sPonge. recollection too. That everylhin9 we've heard L somebody r^rho apparently is knowledgeable who I In Conradr tJeII I sure think they should be out here. If they're telling us contradictory things, I'd sure like to talk to maybe that person's supervisor to get. If we're talking to one person and somebody else is talkins to another, I think ue need a supervisor to help in the dispute. Not necessariLy bring that one person here. I think ue need some good advice. Is there a motion? Emrri ngs : Is i t meet i ng to talk likely that we couLd get somebody out here at the next to us? Batzli: f move that the Planning Commission table this wetland alteration permit pending more testiinony by lhe appropriate PeoPle on Hhether thegravel path is the proper alternative !o an elevated boardwalk. Emmings: Second. Batzli moved, Emmings seconded to table lletland Alteration Permit t89-1 for the Lotus Lake Betterment Association to get more testimon), regarding a gravel path versus an elevated boardr.lal k - AII voted in favor and the motion carr ied - Olsen: Ju Iy 18th. Emmings: And I guess I would say too to these aPPlicants so they don't have ialse hopes, it may ulell be that if Pat Lynch comes in here or someone from DNR and says that a rock Path is equivalent, the City mav ue1l decide to 9o uith elevaLed boardwalks in situations anvwav..I Chris Engel r Thank you. OIsen: I 'I I try. Sure . Conrad: So that r.rill more than likely come back in 2 weeks but ue'Il notify you and Iet you know. PIanni ng June 20, Commission f,leet i ng 1990 - Page !2( CITY COUNCIL UPDATE: Olsen: tlith cer!ain conditions. APPROVAL OF HTNUTES: Conrad: Approval of Minutes. June 6th. Batzli: ["Je can't vote on them tonight anyway. Let's defer it. Emmings: Yeah you can. A majority who's here can can't they? Conrad: No. Batzli: Don't you need a quorum to vote? Em:,i.ng5: On the Hinutes? On the Hinutes can'L you approve them with a - n ajor i ty of who's here? Batzli: I don't know. Enmings: I don't either . EatzLi: It's not in our By-Laws Emnings: I think we can approve lhe Hinutes. Do you guys knou? Conrad: Why don't you make the motion and then if it's not legal, staffwilI advise us. Emiiings: It wiII be you who goes to jaiL and not us because bre can't vote. Ba',zli: f move that the Hinutes be approved as presented. Conrad: June 6th. Is there a second? Ahrens: I second it. Batzli moved, Ahrens seconded to approve the l{inutes of the planning Commission meeting dated June 5, 1990 as presented- All voted in favorexcept Conrad and Emmings abstained and thc motion carriod. ( Krauss: t.Je've had basically th,o meetings since our last get together withthe Planning Commission. On June 4th a zoning ordinance amendmentpertaining to the recording of permits was epproved by the City Councilthat has since been published and is now in effect. As you may recall.that has to deal. with their filins of conditions against property Hith theproperty title. Northuest Nurseries tletland Alteration permit wascontinued or actually, yeah it was continued. They kind of dismissed it.They approved that? -\ Batz]i: tlhat's the status of respond to the permit?Moon VaIIey? Ho!.r much longer do they have to Krauss: Moon Valley has 6 months to obtain a permit from the City. Batzli: 5 months from the date... Krauss: From the date the ordinance r.ras published. They uere sent aregistered a letter the next day and basically told they ought to allocateabout 3 months to Eo through the approval process and therefore they'dbetter get on the stick and underLake the work. I've not heard back fromtherr since. [.,e've also notified a number of other grading permit ho]dersthat they have to be brought into compliance.1 Conrad: Okay, anything else before tJe get into the discussion? Planning Commission Meeting June 20, 7990 - Page 13 Krauss: And the conditional use permit to expand Northwest as theyoutlined at the Planning Commission meeting ulas approved. The signs forthe Chan Professional building were approved with the 5 per side as uras the recommendation of the Planning Commission. Zimmerman Farms u,as given finalplat approval. That projec!'s pretty well urapped up at this point. AndpreLiminary plat approval and site plan approval for the PMT building, theexpansion to that site was also approved. They're coming in for theirfinal plat shortly. On June l1th, the Kordonwy ttetland Alteration permit uas approved. The Sathre Addition subdivision into two lots Has approved.Thankfully the Council gave us enough money to finish the Comprehensiveplanning process and we can therefore pay Mark. That was approved. Therewas a snall metes and bounds subdivision. ReaIly nothing terriblysig:rif icant and the Council took action to approve first reading on thezorring ordinance amendment pertaining to variances. Tha!'s on for secondreading on Monday night and it probably will be going through. tJe did haveone adirri nE,trative approval that ute thought t^re'd let you know about . As you heard a couple meetings ago, we've been rorking with the owners of lhePress building to install pollution control equipment. Ue uanted them toof course do this but we wanted to make sure that it didn't look, didn'thave a IoL of visual impact, tle originally were ulorking r.rith a roof mounted location. They've since relocated the unit to the side of thebuildins uhere it's basically going to be concealed by the building itself enC existing trees. There's going to be a screen r.rall that matches theexistirrg r,raIl to come out and conceal this thing, You r,lill see the chimneythat extends above the roof line. There's no bray to conceal that. However,in exchange for having one chimney projecting up, they're eliminating 6smaller stacks that are currently on the roofs so u,e thought uJas areasoneble uay of going about it. t^Je did have an informational item abouL Assumption Seminary. Just for information purposes we've been talking to a-,r individual. I think we mentioned it before about the possibility ofreslor6tion. l^Je've been talki,ng with an individual who seems someurhat moreserious than many of the others who have talked Lo us have been about that.If it progresses toward real submittal , ue'll keep you posted on that.That's it Hr. Chairman. Conrad: Okay, thanks Paul . Pl anni ng June 20, Commission Meeti ng 1990 - Page 14 LAND USE PLAN DISCUSSION - AREA LOCATED SOUTH OF HI.IY. 5 Publ ic Present: Na me Addr ess ( Curt & Jean Bruni ng Gerry & Karla A1vey Don t^lhi te Bruce Buxton Thomas U. Gr een Bev VanderVorste Mar k Foster Deb Hersl ie EI izabeth Larson Gene & Therese OuinnLois Deg L er tii l ner Mol nau Michael Neville Doug & Carolyn Ear i ns ky t'i..I . Cochr a ne Ei).ao Fo jey Charles & Debra Olson DaviC llae n ke C. John Uba n Jir,r Sulerud Brian Kl.ingelhutz Patrick Hof f nran David J. Koulsky Mrs . Harrington Bill Goers Jim Dolejsi Jack & Melanie Gorczyce Richard Vogel Jay Dolejsi Don Patton Jim Lamson Jim Curry Greg Sorenson Ronald & CaroI Enti nger Andreur Richardson Dan Obermeyer Tim Eloude kPeter Ol. i n Sam & Nancy ?.'lanc i no Russ & Elaine Chance t",m. J. t,lardA] KIi ngel hutz Richard Oonnay Bruce N. S_Scott O. Ayre Curt Santfer Todd Paguiel 2381 Timbernood Dr ive 1831 Audubon Road 8850 Audubon RoadHilIs Properties Inc. tli I Is ProperCies f nc. 8141 Mapleuood 8O2O Acorn Lane 2O4O oakwood Ridge 8ia1 Pinewood CircIe 532 Lyman Blvd. 1630 Lyman Blvd. 8541 Audubon Road 5751 Thomas Circle, Minneapolis, t'tN 55410 8731 Audubon 1751 Sunridge Court 2051 Timberr.lood Dr ive 1581 Heron Dr ive 2041 Timberwood Drive 1O1 E. Hinnehaha Pkwy, Hinneapolis, MN 73O vogelsberg Trai ] 2031 Timberwood Dr ive 22!4 Easl 117th Street, Burnsville, HN 1311 Lake Susan HiIIs Drive P.O. Box 650, Chanhassen 160 1 Lyman Blvd. 925O Kiowa TraiI 1850 Lake Lucy Road 105 Pioneer Trail L262O Co. Rd. 30, t,laconia, HN 75OO ParklaHn, Edina, FIN 55435 7600 ParklaEn, Edina, tlN 55435 4817 Upper Tcrrace, Edina, l,tN 55435 8121 l{aplewood Terrace 8851 Audubon Road 8120 Pinewood Circle 154O Heron Drive 1171 Homestead Lane i,li nnesota Landscape Arboretum 662O Galpin Blvd. Timberuood Property Ourners /1510 Bruce , I.linneapol is, HN 85OO Great Pl. ai ns Blvd. 8109 Dakota Lane 8481 Sh,an Court 8471 Suan Court 8460 S!,an court 2320 Timberuood Dr ive ( Planning June 20. Commission l'leet i ng 7990 - Page 15 David tio 1t er Craig Har r i ngton Bill & Iana MiIler Chris Polster Fred t,l . Amr he i n Jim & Joan Brewer David McCol lum Stew Rud 149 I 8140 AL2L 8020 9350 9366 2050 2030 Heron Dr ive l.'laplewood Terrace Pinewood Circle Hidden Court Kiowa Terrace K i ohra Terrace Renaissance Court Renaissance Court Conrad: Before I open it up for comments, maybe I'1I give you a briefperspective of my own. One, we have to do this. l"le're required to do this. Two, it makes a uhoLe lot of sense. I think from some of your standpoints, one of the most important things is knor.ring what is going to be next to you or knowing brhat you're moving in next to. I think byputting some boundaries out there for 10 years, u,e give future residents a I Conrad: The next item on the agenda and the reason you're aII here at 8:30tonigh! and I thank you for attending, is to informally discuss a land usep]a:r whi.ch Lhe Planning commission has been working on for maybe a year anda half. i'1aybe 2 years. I don't know how long but tonight what we'd liketo do is, and some of you have been uriLh us before, is to informally get your comments. tle're going to have our P]anning staff, Paul Kraussspe;ificaLLy introduce the direction for you. Tonight is primarily a time where r.Je're looking for comments, It's not a public hearing, There willb: a time when there is a publ.ic hearing but tonight is just an informal meeting where we, as a Planning Commission get a chance to show you what's t,appeni.ng anC get some feedback from you. But specifically u,e're lookingat tonigh! the development that's occuring south of TH 5. Two weeks ago or6 riroiiih ago,2 ueeks ago we had a meeting urhere ue were talking about what r.r e were doing north of TH 5. Tonight primarily south of TH 5. l^le're interested in showing you what we think Chanhassen's going to look like 10years fron now. I guess if you do have comments, and like I say it's not apubllc hearing but ue want your comments. If you do have those comments, we want to Limit you tonight !o a maximum of 5 minutes discussion. tle'd like to hear different points of view so before I call on somebody a second time, i r^,anL to hear all the other perspectives before we go back to that person a second time. I think if you make a comment, just for our information and I think for the record we'd like to know your name and your address. tJith that aside and ue hopefully r,rill set us out of here by atthe latest 10:30 tonight. As I said before, this is not a public hearing. There r.rilI be a time urhen ue formally present our recommendations to the community for their input. There will be a time and it xill be probably in a month, month and a half after we digest uhat ue've heard from the various community groups. Tonight again is a time just to share with us your thoughts and then ue're going to take those thoughts and maybe combine them r.rith what we think are good planning guidelines and bring back a plan that we think works for the entire community of Chanhassen for the next 10years. Nith that aside PauI , r.,ould you introduce the Planning Process for the people that are here. Paul Krauss gave a description of what the Comprehensive Planning process was and Mark Koegler presented an overvieu of the plan soulh of Highway 5. T ( Planni ng June 20, Commission Heet i ng l99O - Page 15 real good opportunity to know what direction Chanhassen is going. Other item I'd like to talk about, this is a pLan but it's not zoned at thispoint.in time. It says this is how we believe ue're going to develop and urhere we're going to put different kind of developments but that doesn't mean tha! in all cases the zoning will follow that. This is our guide. tJe urant to know where we're going yet the zoning r,lilI follow when there are services available and we have been known to change that zoning. So I guess the bottom line is, this is not a cast in concrete. It's certainlynot cast in concrete ye! because we haven't gone through a public hearingprocess. tie also haven't taken it to City Council and that's another 2 or3 months away, The point for the meeting tonight is to get some of your input. To share uith you in person some of the directions that ue're going and before I open it up, about 2 years ago, maybe a yeay and a half ago when scn,e of us were here on the Planning Commission, u,e started layingthis cut with our consultan!, Mark Koegler, who I think is-a real fine consultan*, and our planning staff and there aren't any perfect ansuers and -we're iay pecple up here. [.Je are not planners by any means but what we tryto do is lay doun some guidelines to say how does Chanhassen grow. Some of u9 rroved out here r.:hen it was farm and we ]iked it that uay. That's why I _movej here 17 years ago, I enjoyed the rural nature. But reality is, it'snot gojng to stay that way. So reality really is that we do a good job ofplar,::ing. Uhen we laid down this plan and we started the proc'ess, I thinkthere r..e:-e some things lhat were real important, at least to me and maybetc soine other Planning Cornmissioners. It doesn't say it's important to )ou. lt dcesn't say it's important to the City Council but they seemed, from some experience up here, they seemed that the community felt comfortable with some of these directions and let me tell you r.,ha! I think some of Lhem ilere. They were to focus development, commercial deveLopmentin the do*ntown area so it's not scattered around. It's focused. It's in one spot so we have a strong central business district. Thal seemed realclear. It also, for Iack of vision or for any other negalive reason r.,efelt pasL growth patterns were appropriate. Residents weren't calling and saying we don't like how ule're growing. They may have been calling and seying ure don't like TH 5 and uJe ,nay not like the neighbor that just movedin next door but ue didn't.hear a uhole lot about the Erowth patterns and ule let that dictate land use in the future. From past experience it wasreal clear that the natural features that a lot of us moved out here for r.rere North protecting. In the final analysis, it's those natural featuresthat we talk about and it's those natural features that make Chanhassendifferent. I think a lot of attention has been given through ordinances and through Planning to preserve those natural features. There u,ere someother things that I felt important about and obviously some other peoplewill say you're not doing it enough but being around a while, we wanted to -protect Lhe residents Lhat lived here as much as ure could and you canobviously take that statement to task.and say, huh. You're not protecting any based on what I see but again, I think in most cases that uas aguideline. An economically sound community was also reasonable. One uhere business development helped keep our taxes in line uith what ourexpectations urere. It wasn't encouraging industrial commercial growth. Ituasn't discouraging it except in terms of requiring a guality growlh, r.Jefelt that that industria.I component did a lot of things for Chanhassen. Taxes uas one. Jobs uas another. I think related uas a continued quality industrial growth and many of us are not reaL r.rild about industria]. Some - ( Planning Ju r,e 20 , Commission t'leet i ng !99O - Page 171 T Mark Foster-: 1.1r. Chairman, my name is Hark Foster. I live at 8O2O Acorn Lerre in Timberwood Estates and I have a petition here that I'd like Lopres€rt to the Commission. It's dated Apri] 1, 1990 and it is signed by 82 resio'entg around TH s/Galpin Road that are directly affected by the plan. I'd like to read it quickly if I may. It says, Chanhassen is growing.' Residential development exceeds projected expectations. Family units come here to live in the houses, not the factories. Hore housing wil] become available as the HUSA line shifts Lrest and south. tJe the undersigned raise these objeclions to industrial, commercial. or high density zoning change]'cr Lancs on either side of TH 5 from Audubon to TH 41 and for land northof Lhe railroad tracks. Our position number one is Chanhassen has spent hundreds of thousands to perhaps millions of dollars on the downtown areato revita] j.ze i!. Alloi^rin9 any commercial zoning past the downtown area ai l1 only drai.r people away f rom downtor.rn Chanhassen. Any commercial enterprises that would compete with existing smaIl tor.rn businesses would only hasten their death. And we also need to be courteous of the surrounding towns, Victoria, Shorer.rood, Chaska, Excelsior, l.laconia. They have struggling businesses as well. Point number 2, stringinE the length of TH 5 with factories, offices, industrial and high density living units r.liII produce an eyesore. Examples are available by driving through Savage, Columbia Heights, Shakopee to name a few. Poured concrete or concrete block buildings uith flat roofs containing condensers, pipes and tar and visually unaesthetic. Not to mention Large Parking with countless cars'glarins Iishts aL night. The rear of the buildings often conLain trash containers, machineries, parts storage bins, all of which is typicallyvisible eyesore to the surrounding neighbors. Number 3, urith commercial and,tor industrial come noise and odor, pollution, Presently the fans of Qual-Tek in Chaska are heard at night in houses in Timberulood. Odors also permeate the air from nearby industrial uses and are an offense to theresidents all the h,ay up to the north side of TH 5. Four, traffic congestion wilI increase uhen h,e are trying to find ways of reducing truck and car traffic along an already congested road. I! makes no sense to aggravate the problem. More industrial or office uses will on).y draw more of us are but many of us aren't. I think we felt real comfortable r.rith thequality of our business parks and felt that they are far better, at leastin our minds, were far better than what we had seen in maybe adjoining neighbors and communities. t^le felt that uas worth continuing. tle uJeren,tIooking for industrial that was heavy. tle might call it Iight industrial.I Iike the word quality. tle also, and the planners are sitting here and saying well there's so many other issues that t.te focused on and obviously aIot of the issues are to plan uhere you can service the grouth and ure triedto do that. So those were some of the guidelines and I think those are some of the guidelines r.Je used when ue did this. At leas! I'm trying tocarry those out. I think with that as a Jittle bit of a background, I'11 reintroduce urhat I'd like to do right nou and that's open it up todiscusgion. A lot of you have been here before. Some of you have been here before. f want to keep comments to under 5 minutes. As I said, I uJ6r,t to be out of here by 1O:3O tonighL. I want to listen to people, asr,::.y Cifferent people as possible uith as many different opinions aspos:.iLle. ]'hen we'II open it up for people to go back if they have aiditior,al cornments. If you do have comments, I would appreciate your nane and a,ijress for the record. Planning Commission Meet i ng !99O - Page 18 traffic. 5 is that it is a significant departure from the Comprehensive Plan which the speculators are proposing. This or similar changes would becontrary to the expectations of homeowners and adjacent landowners whenthey made a decision to purchase and locate in this area. There uould be anegative inrpact on permanent ou,,ners that live in Chanhassen. 6, thecontri5ution to the tax base is only a fuLure item as evidenced by the HRA's redevelopment TIF districts and with economical developmentdistricts. HolJ many more of these EED districts uould be created with nei^iindustrial leaving us with only 8 years of no present tax relief? t,hat happens 8 or 15 years from norer? Do ue r.rind up having to renegotiate withthese businesses to keep them from moving out? Is tax benefit only adistan'- fut.ure issue again? Point 7, Lhey e uould be a future landa,ailable along the proposed IH 272 near CR 17 i.nterchange. Also, future -lanC coulC be zoned along present 169/272 as the traffic will decrease wherthe freeway is built. Does all induslry need to develop in the next 10ye6\-s? If we conLinue our rapid residential growLh in the next 10 yeare, is it not probable the HUSA line would head south? And our final point is,the vacanL farrnland in the areas in question trould make ideal residentialsites with many possibilities for t.lalkout lots. There are a feu creeks, Some trees although these are not necessary for marketing residentialsubdivisiorr. This is evidenced by numerous housing developments urith no ou:starrCing amenities. One such is Saddlebrook sandwiched between twomajor traffic arteries in Chanhassen. tJe the undersigned raise the above i-,a jcr c5jecLions to zoning the land for anything other than low densityresidential and some limited medium density residential and it is signed by8.i residents. I'd like to present this to you. Thank you. Conrad: Sure. I'd like to stay on the Timberwood issuefrcm ',hat neighborhood if I could so instead of differentsure would like to stay on Timberr.lood. So yes. or the concer ns groups tal king, I Hery Harrington: I have a procedural question. In light of the fact thatthere are 84 people r.rho have uniformily golten together to state a -position, they don't al.I want to spend 84 times 5 minutes saying something, maybe we could be so gracious as to allow a spokesperson to present analternate plan with maps and some positions and some points forconsideration being ne allowed on Merch 14th an hour and 20 minutes of someone else to Present for some other landoh,ners and ue have u,aited for along time to be able to present some information uhich xe think might behelpful for you folks. Not only, it doesn't just narrowly considerTimberuiood. It also considers Sunrise Ridge and l.lest Lake Susan Hills. develoPment doun there. It considers those neighborhoods as r.rell andinstead of 84 people getting up, can we shorten your lj.fe by saving 84breathes and shortening this to about 15 minutes? I'v€ got maps and some diagrams and some explanations of some logic behind that and I r.lould askfor your courtesey to be abLe to spend 15 minutes to be able to do that andsave 84 peopLe standing up saying the same thing. ( conrad, ttell ue really don't urant 84 standing up and I preface... Mary Harrington: Okay, so could we have a representative so that we cansave the breath of 84 times 5 minutes? ( Con,mission Meet ing 7990 - Page 19 Cc:,rad: Uell. there are multi points that Ee r,rant to hear tonight from Cif ferent communities. Mary Harrington: And you will find some multi points wiII be covered. The schcols Eill be covered. Industrial. Sunrise Ridge uiLl be covered. Chan Es',6i-es. Lake Susan l.Jest wiI] be covered. Numerous points will be co",ereC u:hicl: affects a number of residential people and ue would ask for your courtesy to be able to allow us for a representalive of the 15 tninutes. Resident: Mr. Chairman, we also have different neighborhoods here tonigh', and we don't really think that this lady represents our neighborhood. M6ry Harrington: t,e do not propose to totally represent your neighborhood. cor-rrad: See the pcint of this meeting ..,as to get a variety of things arrC I :'ealli' don't urar:t to dominate it urith Timberwood tonighL. i{aly Ha)-ringtcn: f agree wilh tha! fully. We are trying to doir,inate ur Tiriber,rooC. tle are trying to look at Chanhassen as an overall because coveis areas in the towns beyond Chanhassen. Timberwood is nol just con(errrei about Timberwood. Timberwood's concerned about Chanhassen 6s whcle and the quality of life of olher residents besides us. i:h I conrad: If i give Lhe floor to this presentation, I don't believe we' going to have time for any other Timberuood comments so are you represen!ing the en!ire Timberr^rood organization tonight and there wilI no riror e comments after? re be Resident: ever ybody . Hr. Chairman, I'm from Timberwood and she's not rePresenting Hary Harrington: I don't think that uould be valid to say that we'd be represenling ever)zbody but I don't think that's fair to say that a2 People who we represent can't have sufficient time... Resident; tlhy don't you let her rePresent 3 peoPle. That's think that's fair. She can represent me. If somebody else represented by Mary as far as the material that we have, why stand up right now. 15 minutes. I hra nts to be don't you just l,tary Harrington: Most of the peoPle that are involved u,ith rePresentation stayed home simply because Lhey didn't think ic was necessarv to send us all to say the same thing... Conrad: I thi nk Lhe rneet i n9 . uhat we're going to do then is put you towards the end of Mary Harrington: This may solve a lot of PeoPle's Problems though ' Mike cochrane: I live on Sunridge Court and the factories and commercial that you're proposing is in my front yard. Literally. f can thror a ' football anJ hit uhere you r.rant to build the buildings. I thought maybe ti,at wculd be of some concern. t Planning iune 20, Commission Meet i ng 1990 - Page 20 Mi ke Cochrane: t^lhat aboutbuild your buildings in my every night- with my uife. see that, maybe you shouldsomething. O kay? me? I'm the guy, this is where you urant tofront lawn. Risht here. That's where I sitI just thought if you haven't been out there and I invite you out for a glass of lemonade to or Conrad: And your name sir? Mike Cochrane: l4ike Cochrane at 1751 Sunridge Court.. l.le also have a bunct,of guys here today and we'Il probably be having a formal. statement laterr.;ith sig;;atures of the homeowners in that entire area also. But I guessI'd Like to point out something that maybe is so obvious that people areoverlooking it because they're looking at aII these issues and so forth andsc ori. If you put commercialzindustrial buildings on the top of a hiII, -wh6t you're going to have is commercialzj.ndustrial buildings that you cansee fcr miles around and it's going to be a sore thumb that sticks out. Ifyou ever 90 out there and for instance sland on the rural area there or in my di'iveway, you'II note that you're higher than anything else around. Ancif you're higher than anything else around, what's going to happen iseverybcjy's going to see the building or buildings that are put there.;ha+- :c re Coesn't make sense. If you wan! to maintain the integrity of Chanh:ssen and it's natural. beauty. As you alI know, industrj.al andcom;,erciaL things aren't exactly beautiful things to behold. The otherthing tha'- I'd like to note is that the zoning to me, I mean I think it'sfine that we have industrial and commercial and r think we have to have itand I realize you people u,an! a good tax base and wiII help bring it. Butwhat I don't understand is putting an industrial,zeommercial zone boom,righ'- in somebodv's or neighborhood's front yard riterally urhere this is nc-b,uffer zone. f mean it's, I can throw a football there and I'm not inshape. I mean you can look you know. ThaL doesn't make sense and if I Lookat o'.her neighborhoods in other communities and I have been a lot lately, -there's one thing r've noticed in communities that rook very ueII planned and are attractive is that they always have large spaces. Ehether you callthem buffer zones or vacant spaces, there's alb,ays something there. Bu!here, there is nothing. I mean zero and it just doesn't make sense to me.Obviously I live there but I don't think it makes sense to anybody- So I h,as very concerned. Quite frankly I came out here just like'you said toenjoy the rural setting and in fact I was so concerned about that thaturhen f purchased the land, I had a contract uith the person I bought itfrom which savs there wilr be no commercial or industrial buildings ormedium or high density and f uould l^ike to make that a part of publicreeord. r have enclosed here for your review Ladd and uhoever else wantsto see the revisions of this purchase agreement. It says a valid andbinClng agreement drawn up by Faegre and Benson, by attorneys and I really _don't want to use that tvpe of thing but r would like it known that thatdces exist and there's one other thing I t^rould like it known is that Ithink there is a soLution to this problem. r mean you have people here andthev don'! uant the industrial/commercial as r understand it in the areas. - |4ar y Harrington: Or yours. ( conrad: And it really may not. Let's move off of Timberwood. ( ( Planning June 20, Commission Meet i ng 7990 - Page 21 ilike Cochrane: Okay, that's great. And I know at least 15 of my dor', 't uJanL i t either so that leaves me wiLh r.rho the heck does r^rant And two, is that there should be a solution where Chanhassen wins nobody loses. I knor^r that I am certainly uilling Lo help anyuray I accoinpl ish !ha!. Enough said. conrad: Thanks for your comments Hike. Are there other PeoPle? Non-Tiniberwood. neighboreit one. and can to ResiCent: tJou I d you just show on the map show on the map? they're tal ki ns about? people are wondering urher e ulher e SomeConrad: Hike,ycu live. would you I'i.i.e Cochrane: Oh, you can'! see it from back there but I li.ve on Sunridge aol-r:. I live right there. They want to. put the industrial/commercial righi l',ere, It's wilhin, I mean I don't know how far. Haybe measure it. fi's s., close, as you can see in those pictures, it's... }'rauss: The existing industrial zoning comes up dc';::r ha:: and then goes back up to McGIynn's. to the railroad tracks, 9c., !^.lhite: I'm Don !^lhi!e. I live at a85o Audubon Road. I'm Hike's ;ieigl,bc;- tc the south. I'd like to expand a little bit on another Ci:eneion of r.rhat t1ike's talking about. I lhink there's a lot of concbrn '; t ?e :,;l,e '-hai abut Lhe ProPosed develoPment area but I 'd Ii ke to speak fror, a perspective of a person who's maybe one steP back. I currentl.y can vier f rci:, riry house out to the uJest and alLhough I'm considerable distance f rc:r, '.he Chaska development Pies, IncorPorated, there's a considerable En,o.rrrlL of Iisht pollution that comes onto my ProPerly and I can cerLainl.y erivis:on looking up the hill a much shorter distance where these buildings tl-,a: are going to be sticking up above any surrounding structures that now exist will provide at least Potentially the same sort of Prob]em. f agree r"ith Hike and I agree I think with some of the others that there are solutions to this and I think the planning Process has to take those. into accounL, Look at some alternaLives. CerLainly there's a need for industrial/commercial develoPment but f see nothing urong r.rith develoPment consistent uith what seems to be urorking in other Places along the major arterial hig,hh,ays such as TH 5. In Places where it already exisls and perhaps expanding a little bit but to Put it into an area that almost is surrounded by residenLial development Presentlv I think creates some additional problems that could urell be avoided. Thank vou. Gerry AIve),: Good evening. i'ly name is Gerry Alvey. I live at 1831 Sunridge court. I have pretty much the same concerns as PeoPld that you've already heard. I'd like to shott you on the maP where I live. Right here. Bluff Creek runs righL Lhrough the bottom PorLion of mv. lot here and then up inLo this area. f have a quick Picture that I would like to Present to the rrenbers of the Planning Commission. It's a shame that everybody can't see this. This is the Bluff Creek looking iust easL - tlhat vou're looking at is this area here. If you notice. . . Emr"i ngs: From wher e? -t ( Jure 20, Co;mission HeeL i ng 199C - Page 22 Geiry Alvey: From just about the cul-de-sac in this area. One of the+-hings tha', you can see on that, if you look at the skyline is some of the i nciustrial currentJ.y that exists in Chaska. In this area you can see the - Power Company. This is ulhere the power plant. There's Pies here and.,.If you look a little farther back you can see a very small white area r.ihichis a nea industrial building that Chaska put up here. I believe that tl-,is -corner of land here currently is agricultural and probably, from what I've hea;-C, tha'- r,rill stay agricultural for some time. One of the points thatI'd Ijke to make, uhen I spoke trith Paul Krauss and one of the otherpeople, I heard mentioned as Has mentioned eanlier tonight, the concepr- ofthe industrial meeting the Chaska industrial that's abutting up adjacent tc.thi= area. And one comment fhat I have is that if it's not appropriate, ifj'.'::ct feLt !o be appropriate for residential area to be here abuttingthe Pc!.r.:- P]ant and the few Chaska buildings, why then urould it beccmea;::-;priate to have the current people here. The new people in this area tl-,a'- r,rc-lJ be ccrning in when thj.s area gets developed and our developm€nt - a --. *e]l ;bi-'tting ind,.rstrial property. It seems like we're takins a problen cl ancr-Ler City and simply importing it into our own bounds. One thir,gal:: ', !-.:', I think ray coine up tonight. It certainly came up in the Juneath ,'rr.€Ling. If any of you were there I think that there were a couple ofgi.JpE cf citize,-,s that ulere basically in vioLent disagreenrent with eachc'-':,er. I think we almost set Lhe stage with this plan for that to occu!-ton!ght becauee from uhat f can see, there's been to some degree ii-.eq:i'-a': le treaLrr,eni betuJeen the tt.lo developments. If r.le Iook a! some of '- l-,: g;rrii,r',ciing area here, basically here. I'm sure there uill be a lcitr.:;a dis:ugsion on some of the Lhings that I have mentioned. I krio.,: r.:hen ---cai:,e !',sre I spent a fair amount of time in the City HalL checking some ofthe zcning issues and the home uras built less than 2 years ago. At that F,ojnt in time had I knor.: that there was going to be a revision in the ]andus.: ir, ? years, I would have seriously reconsidered. I do think tha.- theinC:s'.;iaL abutting next to that development uould significantly damage the trrotre)'+-y values which to me would be something of a disaster and I urouldlike to avoid that. I do think that there are alternatives, many of which- Ee may ge: into later tonight. I knoul I have some ideas on that. I'm not 9oin9 to take a r.rhole lot of time right now but hopeful.ly ure can get intothat a little bit later. Thank you for your time Conrad: Thanks for your time Gerry. Doug Barinsky: Hy name is Doug Barinsky. I live at 8731 Audubon RoaC and-I would like to shou you t,,here that is so it has reference to the otherspeakers. I have the property right here uhich is still zonedagricultural . I happen to face just across the road from 1.1r. Cochrane, I -happen to be 9oin9 through a current construction project that the City isurorking on and so I had the benefit of having some official elevations thatiiere rnade out in that area. And to just stress ulhat Mr. Cochrane istalking about, because I live right across the road at the same elevation6s this land that's being proposed for industrial. When you're standingthere, either on that land or on my property right across the road, you cansee 5 niles straight out Hes! over Jonathan. You can see at least 3 miles -to the south to the major tree line that overlooks the tlinnesota RiverValley but even more dramatically. you can see out over downtoun Chanhassenand on a clear day like today, you can see the highrise buildings in I Ju 6rinLngre 20, Cornmission Meet i n9 19?A - Page 23 John Uban: Perhaps for a little diversity, I'm here to talk to you tonight. f know you asked for it so I'm here. ltly name is John Uban. I'm here representing a landouJner that has 18o acres at the intersection of TH 5 and TH 41. On your plan you shou indusLrial for that 180 acres. It's directly adjacent to the industrial developments in Chaska. ].le have at this poin! urhat u,e believe is land tha! is quite marketable. Quite ready for deveLopment. There's a lot of interest. The only think lacking is sewer. tJe think there's really a good opportunity here. A good opportunity to develop an employment base, a service base for the community. t^,e think it really uill enhance your tax base too and tha! is an i:nportant element to look 6t is a balanced tax base and a balance conrinu.ity. So we agree what is the direction of this comprehensive plan- There's also another opportunity here that ule offer. That is a Piece of lanC, 180 acres that is ou,ned and uJill be developed as a cohesive Parksetting. A commercial park. ].le will have open space. t,le trill have the amenities and we uliII have desisn controls. This is something that you have !o count on in offering a way of develoPment and this is important I believe to consider. As you look at areas to develop, hor.r urill Lhat ( dc;ntown Minneapolis. That tells me that that has got to be one of the hi.gheei pcints in Lhe entire Lown of Chanhassen, if not out here in this area. I feel that, also a couple of more facts. From the top of that hillj..rst. C;wn to Lyman Road is an 80 foot elevation drop. It's another 40 f oo'-elevation drop just over to TH 5. To shou you again, dramatize how high th6t is but several weeks ago an appointmenL Nith PauI Krauss to review sorne of the proposed plans here tonight, I asked him what requirements cr standards he was using to determine industrial planned ProPerty. He stated to me in general ter-ms that we put industrial ]and in valleys and also behind natural barriers so that tre minimize the aesthetic affect on resicjential oluners. I would propose tonight in support of u,hat some of the olher people are saying. That there are no planned buffers nor naturaL ba:.rie:'s alorrg Audubon Road or Sunridge Court. tJhat I would like top-c'po.e in a litrle bil of deference is there are some comprcmises here inthi: plan xhereSy rre think we could give the town or the City sornej:rc-st:-iaL proF.ei'ty that they're desparately evident,ally Iooking for for t.:a .e!,en-,€ but at least g.ive the buffers that the group of citizens here are looking for and I'd like !o go to the map for one minute to shour you ,.rha: cne cf them rnight be. There seems to be a lot of dj.ffering opinionsI li:ro;; :s tc why tlis school is being proposed up here. I'd like to havey'c- ,.,isual.ize this entire area that's developing here over the next 1C i'e.i. cy !,hatever the length of this plan is. tje have a major residential ievelcpnent occuring ou! here south of TH 5. One of the proposed sites th6'- i"r think would be nice for a school would be to consider putting itrighr- i-,r here. The reason for that is that that is all going to funnel frcr, e r,a;or residential ar.ea and because I understand it's a middle schocl, theee are children who are well old enough to uraLk to school . I have scrne children in that age group right now but lhey also don't drive a:i:l :r.o the;' 1-,urr. the ability to draw from an area here. If you look out here ,rhere that school is now, which we also understand there's some disag:-eement on, i! really doesn't have the popu).ation density that this is scins to have. tJe feel that if this site was considered for a school , than 6n easy answer to what sorne of the people are concerned about here would be !{-' :ake this and continue this as one residential development. Thank you. a nnt ng,Conmiesion Heet i ng 1990 - Page 24 cu:,e:'ship be converted into actual development and t^re think that's animportant element to consider. So we support that. t"Je also would Iike toencourage you to quicken the pace for sewer to that area so tha! area candevelop. TH 5 will be improved shortly. TH 41 is scheduled for a ve.:e:)of improvenents. The property has direct aceess to both highurays anci it does not depend upon other circulation systems to serve it so I thinli it's -reaLly a piece of property well located that is adjacent to otherirrdus'.riai areas. Has natural buffers from olher areas and is a good placefor this type of development. Thank you. Resident: Excuse me, who is the ouner of this property? !-L- r.L--.:t 's an And r,rhich investment group caI]ed Gater^ray Jnvestment. property is this? acres. John. ResiCert: Okay, is 180 thanks 6s soriiecne aLready pointed outindustries are paying their fu agsociated - They're not schoothere's a heavy load on those. I 'l.I point them out. it r.rill be many years before thesetax load and there are a lot of servicesbut they're aII the other services andEspecially h,ith commercial and that's your - Fe'.e: Olin: My name is Peter Olin. I'm director at the Arboretum. I didspee\ a: +-h.- lasi meeting and I think you know what my concerns wereslr:: I read about them in the paper. I don't like to disagree with :cLLeague: anC eepecially old friends but I take great exception !o r.,rha: -lchn Uban just said. I would like to put up the regional map but I'm i:otquj.te sure u;hat he means by a commercial developmen!. f understand it's a ehopping center but I r.lould like, could I put up another map? You have a\reedy a commercial center in downtown here and ule have commercial centershere and you have commercial centers over here and you have a commercialcenter in Victoria and you have one in Chaska and there really is no needfor further commercial centers. Further, I think if you do some sludyi ng alittle bi*. fr.rrther, the answer, the panacea for increasing your income from taxes is not solved by having either commercial or industrial. Afte:- all.. _ II Is utilities, water and seuer and fire and police and so on and those are thetyPes of things, and highway construction and highr.lay maintenance and thoseare the things that add up and really cost in a tou,n so someone pointed out-in the last meeling, they ]ived in a toe,,n which is even more residentialthan this and they urere paying lower taxes. That 's totally believeable.Especially if you have large J.ot development. f urould like one quesliontrhich I u;asn't ansuered las! time. I uould like to knour if Lhe topography - and the soils and the drainage|,ays uere considered in this plan and howthey uiere since the one IiLtle commercial spot just conveniently north ofthis map on TH 5 is slated for a 35 foot or more, just an eslimatedepression. It doesn't seem like a totally logical place for... I ( ( Conrad: Paul, do you want to respond? Krauss: t"lell Mr. Chairman, one of the first things ue did is to try to mapthe locations of wetlands, drainage basins, significant tree standsr poor -( Fla:lning Comrnission Heeti ng 1990 - Page 25 t a quick comment on one of the things you said and I think it llenge to somebody who's here thaL knous more than we do but at we've been told and the data that we've golten says that tial that comes to toun doesn't pay for it's services, and y:u l:nge that and we'd welcome that and we've asked for information ) ACii,instration and we've got information. Basically residential at more than we take in in revenue and therefore that's rhy you're plan up here that has commercial in it and industrial in it to' scils and any other informaLion that r.re had. The particular neighSo:hood cor',,merciaL site in question is surrounded by a stand of trees that fal lsoff in'-o a r.;etland. It uias assumed that if commercial development were tc.occu-, it would occur in the flat upland side of that adjacent to theintersection. The balance of the area uras presumed to be off limits to develcpnrenL. It uras a very fundamental concern that factored into the plar, frcrr the outse! . 5a:: i:a I ly t^,h ^i+ nga azn T balar,ce the tax load. And the other thing- that was important I think in the 1.s". city election, and we're no! really a political body here. Thepoli',jcal boCl are those tha! you elect to City Councils and they're lhe on€s tha: have to make the final decision but a lot of their decision r,e',i;,g !s based on keeping the tax burden sensitive to r.rhat property or,l:-,ers, a,rC aII 10,OOO of our residents are uilling to pay. So you're sazing on one hand it costs, you're saying that the services for residenti.al don't cost,.. Peter Olin: 0h not. As much. Con:-ad: ',Jell you didn't say that. You're saying that they're a money maker when residential comes in and u,,hat ue know, the facts 8re is tha! when residential comes in, there are more costs in terms of education, streets, utili!ies, than what that taxPayer Pays into the community and therefore we're trying to develop a fair tax base out there. Not an aggresive, not one going out saying h,e lJant humongous industrial development, As I said before oe w6re trying to say' based on Pas!indication, here's uJhat our gror.rth has been and it's fair to say tha! we rnigh: have that conlinued gror^rth and h,e didn't change that grouth Pattern. i"-e cjian't say that we uanted to increase indusLrial/commercial bY 2O>. over r^rha'- it had been. tde didn't have that goal tle said let's f ind sPace that acconmcdates the past trends because ue hadn't heard any comments from resj.der,:s and again the 1O,OOO that are here nour or urhatever the number is, their comments Nere more keep the tax base f air . 1.1e don't u,ant to Pay any rrrore taxes. That's uhat ue heard and I r.,anted to resPond a little bit to you r- com,- ents Peter . Feter olin: Just looking around the tor.rn it's quite variable landscape andi: seems to me that in terms of just lopography, that there are some crea'-ive soluLions and they're out there already having to do with FUD developnents and agricultural land, preserves and so on and they've been ;:'our,d the courrtry for years and I think they haven't realIy been ror,s j.C:re j in this plan. I think it looks to me, and I don't want to n,ake :.:: r-Eny judgerie:-rts because I have not studied it but it looks to me that ::': e5:3r.::..-i Iy a rezorring effort and not a planning effort. : l a:: n i. :g June 20, Comrn iss io n Meet i ng 799C - Page 26 Fete:' Clin: If I could respond back just briefly. Certainly it costs money to service residential units and I'm not trying to say it doesn't ar,clit can 5e very expensive. It depends on the kind of development that you -put in but, and that's primarily the big cost is going to be schools but irthe commercjal and industrial development, the reason that that's shoan asbeing so great in returning tax funds is based on their paying their full uay and that's way down the road. Right nor.r there's lots of money going out and there's aII kinds of things happening between now and 10 years fron. ncli cr iihenever they get to their full tax load. Someone pointed out, bytha: time they've amoritized everything and they can sell out and leave if-they don't like the high rates of taxes which are going to be paying. That's happened elsewhere and that's whal's not taken into account wi:hsc;e cf t hose considerations. I think when you do, there's a fair amount -:' ).ealv.;i, in there for saying ulell, maybe it isn't quite a rosy as i+.locks. 3:.:.9;rd: I'm lJayne Bongard and I happen to ]ive on 8831 3.lp,rc:-: '-he other people that !,rere talking. Relative toe:ari, f'r, an industrialist. I pay taxes to the tune of, a:s3., a:'€a, about $360,OOO.O0 a year. My residence I pay ';i, wondering Hhat you guys are contributing up there. Audubon Rcar-thisin the $13,12C .CC - ieyne P€ter ihe Arboretum? Ecngaro': Yeah. Uhat are you contribulin9 to the tax roll? Cl.ir,: ti.'re not- ["le're a public entity. Craig H6)-rington: I'd just like to ask a couple of questions.h:r€ manT times before and I think you all knot my views. f 've bee n ( Conrad: uhy don't you just give us your name. Craig Harringi-on: It's Craig Harrington - A24O Haplewood TerraceTimberwood. The question I have is, and it kind of just popped into my mind as I r,ras thinking about Cochrane's property being the hishest poinl inthe City . t^lhere are r.,e goi n9 to put the water tou,er for aI I this HUSA I i ne-that's going to be coming out? Have we €,ot some sort of proposals u,herethis is going to 9o? Or how man), it's going to take, if any or is there ar,existing water tower tha! r.le just put in here several years back, adequate? Conraci: t^,,hat we're reviening tonight, es l'1ar k said, is one section of theCo:"prehensive PIan. One out of 10 so if eJe put this on there and say'-hat's hoa' we're going to develop, ue have to support it. And you support -it uith schools and utilities and roads and parks and all those other niceihings. So part of our sections are done. Part of the sections rde.reacrkir,g on in terms of if that is what it's going to be, we have to knowhor to support it and if r^re can't, then it doesn't happen. :l.yi,e 9:-9a.:.d: Okay, then you should not be up here talking about what mycnnt-i5J::.on night be. Thank you. Planning Commission Meet i ng L99C - Page 27 Craig H=rrington: sluCy r i.ght nouJ as air,o:i r. rt of area? do u:e have it on some how many Hater toulers sort of , we're we may need to doing a sutrPor t '- hi s: I rnea n Lu'arren: Relative to the utility aspect of the Comp Plan, that is being racrkeC on. As far as Hater towers are concerned, I guess the locatic:, cf*-hen is quile flexible I guess. tle just added, as you recognized here, a r,ew 3 7/2 million gallon reservoir at CR 17 and Lake Lucy Road. That isthe highest point in town topographically. But that location of the waterloNer is not significant. It can be basically put anyplace. It's just thestructure that supports it will have !o be higher or lower depending on thetopography. [,,]e're currently sinking a ner.r urell right noi.r near Lotus Lakeard the City has plans for adcling another r.rell and these things are basecjor t5. CiLr"s current consumption records for water useage and we as a par': cf the ccmp.rehensive plan will be making forecasts as far as when lhe fi:aI e: e.- i- established. tJhat the potential consumption uses urill be and i,^re l.a-,2 e trurk system already that we intend to implement at some point in::',e to se:-vice Lhose areas so that all fits together. C:::J Ha:ri:-,gtcn: Some of the things, you know along that same 1ine, islike dc ue knoi: a: this poin! where we're going to be puttins Iighteci j.;r'- ':- -secti;r,s as f6r as with semifore signal ]ighLs. Let's saying if t:^.e y're a r", intersecLion, are t^;e going to have one at the intersection ofl.il.: i.u-..,5c:, or the intersection of CR 117? Of course ue have one at TH 41 a:r.i TH 5. f 'rn also wondering because of the industrial use r are we gci.ng.jo aLsr have signaL lights then maybe on Lyman coming down there along ie a: we.:. 1 because of the industrial use maybe coming off of there go:ng CR ii7 Lo lhe south. Things like that. Are any of these things at pr- oposed? a.::i-.a: I do:r't thinl; they're really in concrete at this point in time.t hinl. r,r e know where the roads are. tje know where the, and if there are :---:C: , ue knor wha! kind of traffic they're going to contain. Based on '-ia'- traffic pattern, we have a pretty good idea of what it requires in terms of iishting, semifores, that type and it also depends on thejurisClc*-ion under which that road comes. t^lhether it's SLate, County, cor,lrnu;rity because those all come f rom u,hat we're Iooking at right here. Craig Harrington: To a certain extent ue end up dealinE with a movingtarsiet for some of us, and I knoul some of these things as they get aPproved change Ladd and we Lalked about that before but the question I have is, some of these people may have different views. l"1ay speak more adamantly or s+-rongly towards some view if ure knet"r, had more of our cards on the table perhaps as far as what you foresee. Like the area of the r.,ater tower, somebody's going to have a Hater tower put on their site. That may have e significant impac! for lhem. If somebody's going to be fronting right here a sjgr,aled area, Lhey may not Iike that kind of thing and the resulting t.raf f ic ano' the slop go type situation and perhaPs what's go in with it so... Cor:aC: i don't knoL,. Our cards are on the table when you see this. think this is where uJe start and yeah, there are going to be some other :,ega'-ives that people may not like but that's where xe've got to start. I I T : - i-,rtr:g Cu-mnr iss io n Meet i ng !99O - Page 28( f ha'-'s r,r I-,)' t^,e're tal king here tonight . Craig Harrington: That's a]l I had. I just kind of wanted to find oui t,iha'- ue u.rere facing in that area. Thanks. af,iiaC: Dc ;'ou live in lhe old Ryan household? Ca:o]yi: Sarins!.:> : Yes. It Has originally built by Beukoursky's in 1885. I- l.ave !-.ad corsiderable conLact with 14innesota Hislorical Sociely because my ncu:e l-ras beer proposed for historical register. I have with me and Irc.l]: Lite'.c give each of you a copy of a leller fronr the HisLorical Socie!-y whic5 I r.,rould Iike to read tonight. The letter is addressed to the-va)'o: Cl-,miel. The State Historicaf Preservation Office has been conlacted L,; a :-esi.derr*- of Chanhassen and asked to review the eligibility of her 3hasl;a brick house for no,.nination to the l.,lational Register of Historic Flaces. The property is one of 4 Chaska brick houses located on Audubon Road in Chanhassen. As you are aware, the early settlemenL andagricultural history of Carver County and the Chanhassen area is highly evident in the farmsteads ancj brick houses r,lhich give Carver County a serrs€of Flace which is like no other in l.,linnesota - The Historic manufacture anc use of Chaska brick gives Carver County a historical idenity r.,hich sets itepart from other metropolitan counties. For these reasons h,e encourage the-City of Chanhassen and others ulho are involved in the future planning efforts for lhe City to take into consideration the preservations of theseirreplaceabl.e historical properties and ]andscapes which combine to make Chanhassen unique among MinnesoLa communities. If the City of Chanhassenis interested in establishing a preservation commission which can assist inthe development of a preservation plan, please do not hesitate to contact'-Lis c1'f ice f or inf ormation. If r.re can be of further assistance, please cor,:act us. Sincerely, Susan Ross, National Register Historian, StaLel-:istoric Cffice, Preservation Commissions are currently in place in Carver ar,d aiso in BloomingLon. Eden Prairie. is currently looking at one if you a:e i:,'-eres!ed at aII in doing that. A few other things that I uianted torJo:e. Of the 4 Chaska brick houses on Audubon Road, one is proposed ( Caro).yn Barinsky: Good evening. I'm Carolyn Barinsky. My address is 8731 Aud.:bon ani I r.rill point it out to you on the map in just a minute because r have a few other places I h,ant to point out on the map also. Th€ firsi thing I urould like to read from page 4 of your goals and policies of the comprehensive Plan because I feel I have somelhing to point out that ye*- has not been brought up in this meeLing. The rural service area shell be preserved as agriculturaL zone or used to support very low density C:.veloprl,ei:'- . It is the City's policy to ensure that this area is not ;;-;:raLureLy Ceveloped, The City will discourage the expansion or cins:!-ri.:ion cf comn:ercial and industrial facilities in this area. C',ar.l-assei: rilI encourage the preservation and adapti.ve reuse of structuies:' l'. js'-o:ic anj architectural significance. On Audubon Road there are 4 Cl-:.si.:a Lr- jck farm houses which are of historical significance to th€ C:ty <.f Chanh:=s€n. I urill point you out urhere my house is which is one of ther- an,J the 3 other ones. I am right here at 8731 Audubon, Just north of mejs '"1i lr"e:- Molnau's property. Across the road from me and what is being propcseC ino'ustrial is Ron Gram's property and down south is Michel's ;'.-r,,- ''-t u.i,:ch is a,l.so a Chaska brick farm house. F-ei:rt:)g Conrnrission Meet i ng 1990 - Page 29 i -;:-sr*r'!al zoning on the west side of Audubon, Zoning the house indus"riai ,rci Ld surely mean it's destrucLion. The 4 houses are unique in the ei:".lre ccir-,:y because of Lheir close proximity to each other and the Iinkage beiweer, lhe German families uhich built them in the late 18oo's. The c)-e:r' coLc:ed Chask brick cannot be duplicated today. The brick houses have naintair,ed their cream color because of the lack of Pollution in the cha:5assen area. Zoning the land on the west side of Audubon industrial uould bring more pollution and particularly from trucks and have an acive;se affect or, the color of lhe brick. The historical propertj.es and their su:':'oundirrE Iandscape must be given more consideration than the curre::p:c.risal cioes in order !o preserve the historical significance for our !c;t:. Thank you, :cr.r'ai: Th:nk ycu for your comments. Any other non-Timberwood issuee? Conrad: Gc ahead. Einrri ngs: I'd jus! ta >: es i.iould d:ruble like to ask the source of if you're included uithin your information that Yourthe IIUSA line. '1. :.:.- Sc:,iic+-: M/ narne is Roger Schmidt. I live ai 8301 GalPir, ou'.side i'-l'-:-i,;:i- : Euess f can shctt you where it i.s. f guess to slart wi'.h, I ;'l;:31> ial'e a Iittle bit of excePtion to one of your otrening sia'-e'nen:s :. --, ::,;.! ;ust because you haven't heard any negalives abou! the way I i-, , :- L,;.. : e ', is developing that you should assume that's the way you !{ant Lo c;-linue '-o o'evelop. I haven't had anybody come to me as a resident of li-,;:-.',-.::e:. f or s,.rir,e tirne and ask you know wi!h any kind of an auCi+- cr I ike :'-,i:. a:l.ii-,.; nre hor. I'o' like Lo see the Ci!y develoP so I think f woulc hai',e --','.".i Lo h:ve somebody kind of a little bit more Proactive in thai area .' '.,: ;cl I i-l-,eir cit!zens and see what they might cJecide. f f or one would -:-- ;r,ii j payi::g extra taxes if we had Iess industry in the area. I f ind r'.:'- ihat -iusl being put inside lhat HUSA line, whelher f 'm hooked uP or nol i^11i ;',:5a1-:1y dc.rble my Laxes. or actuallv more than double then'' No!( I ,:.:: ''- :.i..-.r raying '"he extra !axes but the thing is I don't like to Pay the .,:'-r,i ',ai:es and ihen be surrounded by industry aL the same time ' In fact I'c Fr-obably pay more if I fisure I could stay halfway ruraL the wa)' it has 5eer,. I t !-r I nk too that I urould specif ically, I trould r"rish that you r,rouLC gi\,e us a little bit mcre consideralion to TH 5 and trv to develoP that ircr.: i:ii:, a variety of develoPment as oPPosed to industry or Probably offj.ce buidings or someLhing Iike that. It looks like it's a gate!.Jav into tl-,e Ci.-,.. Aciually it's a good gateway Hith the Arboretum starting i! and j would like to see it kind of continue. As a matter of fact, ure have had F.eople comir,g in seeing us over a period of several years remarking about poor developient along TH 5 and hor., it's getting to look Pretty commercial and actuaLly probably not all that rdell kePt. It's ParLicularly coming in f,r-orn ..he l^;estern area and I guess I can't disagree with them but anyway tha!'s my point is I don't think, I urould just as soon not be included within t'he MUSA line if I had my choice. I also think that we Probablv should look at TH 5 and look at some other alternatives. Hour h,e can break tha! up a ]itlle bit instead of having it as solid as it is commercial , estrecially. goi.ng t"rest out of the ci'tv - Emmings: Can I ask a question? f _ a !'. -.: ng Comi-"ission Heet i ng t99O - Page 30 FcE:: Schri.j.Ct: They would more than double. I called over to th€ Courty co"irthouse an,i talked to the Assessor from Chanhassen. E,--;:,i:rgs; Ancj Lhat 's what his name? R'-9:: gchnicjt: Is it Carpenter or something. K:'auss: I spoke uith Orlin Schaefer ulho is the Carver and according to him the HUSA line being relocated hasto do wi'.h property taxes. Asse ss o:- nothing ;,ings: tJe're getLing some real. conflicting information here, that's ,J : d5..9! . !i!'aire:.: He offered to attend one of our meetings to convey thal. :,.;:.- 9chridt: r callec on l*londay so that's up to the minute anc this is _ ;'ue ti, nun,ber one. There are two things. Firs! re-evaluation of thepr'.;ert), because of it being uithin the MUSA line, it automatically creaies; i.igher- ual.uation of the property anci that's a certain percentagejr,::aalr, ar,J then in addition to that, he says depending upon where the - a::r r'3"ES uo from a rural to an urban area, that again hlould ado' anclher -..-\- ci:r,',a?. to it. But regardless it's 9oin9 to be, well I figured out:.r,ei.;h€re Le*-ween 77OZ to !7A2. 3:,;.i;1. =: And the person you spoke to was the. person uJho does the assessir,g-'- ^r---L -^^^-- i:ger Schir,idt: For Chanhassen, yes. E;,:-"i;g:: Ckay, lhank you very much. aoiri':C: In the future ure're going to bring that Assessor to our meeting. R:rger gchmidt: r r"ish he were here tonight. This is the information he'sgiven me. conrad: l.,le rearlv do have a significant difference of opinion in what you -jus*- said versus uhat ue're hearing so ure'Il brins him in and we'll knou.The other thing is, most of your property that's right outside the MUSAline risht nou is really selling as if it uas within the HUSA line- Thedeveloper's have already assumed that it's going up in val.ue and it is. Iknou that, I'm fairly familiar urith valuations of non-MUSA property rightnor and those values are, it's anticipatJen. It's speculation but it'sprobably accurate speculation that is forcing land prices up and thereforeyour va!.uation but we uill bring the Assessor here and there are someissues that I'm real concerned with and r.re're going to hear him talk to us. 9mmings: tJill that be at the public hearing? Sariracl: Yepossible Pa County Tax absolutely ( ah, uI? I'd like to bring it Lo the public hearing - Is that ( ( -i.3i:-:I:g Comm iss.i o n tleeting !99C - Page 31-( Ki-a'.jg:,: Sure . UC iIi AC Yeah, he wiII be here at our public hearing. Roge: 9c\::ridt: I might just add one more thing because it'sjsht '-oc lhat there are odors as well as illumination and Cl-,aska indusLrial park and we happen to be northeast of scuthiies'- winds tha! blou and ure can probably once or tr^r the i t-, <i T'V i aa c3;.'.'.. bee n sof there ice a ear L i e:'orth fr cr, so uie ge I uee I,. xe E. cut, sit out in our yard and notice that there's not ordi.nary, .:ral ocjors out there. I think the more of that- we have, lhe more .:3+-ry u,e have, the most that we're going to have that. In addiLio:' :c irucks. Uhen I moved out there, again I've been here 17 years ar,C I ei c,r,i ther-e, that r.ras a nice cuiet little road. Now it isn't bu'- i ).i;e things have to change but the lhing is, I do think we as a citv ca.., t: ol ',.5:i change to some extent. I mean lJe can at Ieast control *-he . i,r ." l-,= charrge and I think we should do this. Nou I quite f rankl,w I '.. tiinii tha'- Chanhassen has been known as Putting very good cont-rols c;e:- chai.ge up to Lhis Point. I mean I've got some, the feelings I ge'- is t:-,:i :r.,oF le think thaL developers kind of have Chanhassen in their back Fccke+- ir a lot of respects. ctr:,:-acl r You ought to listen to the develoPers. Roge: Schnicjt: I knoi^:. There's two differen! ways. Not, the thing is. tl-.ai,;nj: happen to know firsthand, over the years I've been here, tHai .,r. ce! =1.:pr,er't was here, whether it carne in legal.]y or illegally, i'-,.::'\::.srer. n-,akes essentially no effort to police it. I don't 'erant to l:.'-c E;=:ifics right now but f can out in my oun neighbcrhood and I c s!.o.. )olr 2 c" 3, 4 instances of that. And so I don't have an a',1'u1 I faiti in i,l-rat Chanhassen says about develoPment. Okay, that's alI. Ccni'a:l: Thanks for your comments Roger. Non-Timbertrood comments. ::c:'- Ayr e : lli . Hy naBte is Scott Ayre and I I ive aL 8477 Shians court j. n the ;ew Lake Susan develoPment and f am a very new and uliser and somexha'- scared resjdent of Chanhassen from what I'm seeing here this evening. l,Jl-.ile f'r,, nei^r to Chanhassen I've lived in Lhe area for Probably close to 25 yea j-s. f grew up in I'linnetonka off vi.ne Hill Road and made it into chanhassen quite often. t"lhen ule Purchased a house in Lake Susan Hills we're in the court right by the Park. Right up in this area right here. !,le irere told by our real estale agent that that was going to be light induslrial and we al] have, this is rhere I get wiser, ideas of what lisht indus*.rial is assuming small office Park, that sort of thing. No Problem. I can ]ive with Lha!. I knou there has to be commercial develoPment to keep taxes down. Shortly after getting in, lhere's a ProPosed Proiect that f read about in the neNSPaPer. A.l.most a Soo,OOO square foot Projec! after office anC warehouse and everything else is included almost in my backyard. I'-'s a Ii*-"le disconcerning. No buffer zone whatsoever. No trees in there :9.at a:-e real.Ly going to stop anylhing. Across to the uest of where ute live, across Audubon Road, there's no trees. It's wide open farm fields r l€;Si no*. I have no idea r.rhat it's going to be like for aII of us in there. Right now there's not many PeoPIe in here. I see a few of my neighsors here this evening but the bulk of the building is yet to occul-. an t 3l::r::ing Com'nission Meeting i99C - Page 32( l'"-6'- ;s :l-,+ effect on those people? ConrsC: Thanks Scott - 5e.,,e Koubsky: I live in Lake Susan Hills and it's enlighting to see s:'.egris, carre because, weII they don't even have sod yet. I've go: sod noved in the area last September and have been reading the Village: e 9ailor and I'm starting to become aware of Hhat's going on. f'm abi'- better off. I'm on the eastern side of the park there bu:s u'jhat I'd like to mention is, it is all flat up in that area ar,d I s3!j '-le nunbers initially urhere there's going to be 1,7O0 acres of re : iC::'r',.ial anC 5OO acres of industrial. I'm uondering uhere the :^t l^-J :^ :.l- .:-l cc.nsiCerati It's a lot of purple up there and it doesn't s.eei-"of the peaks and valleys. ili;hel : : -r'ust have one quick comment. to on ( 'l: -,:a.-l: Y,:..; 'r'e on) y looking at the bottom half of the plan. There's a lotcf;e:ldertial up north 1..,,= v3.1$sily: Yeah, I should have moved up north. f guess I'd just liker.:- :..- conslder, one suggesti.on ulas the school to Iink the ti.,o communj.t i:s:tLi:-.. I'u !.€exS Lihe we have an island to the north side of the tracks anc-:; l.l:-.j'-o:he west side of the tracks and the freei.ray's a no r,en's zcnei.:-:, '-l:-:r a r.: :ha'.'e ye'. to be baltled over but I see two communities ar,.j: l:i of in.i-s.-rial land wi.thout any sense of topography. It is aLl fiat.---- '-l,e:e. The;'€'s no trees. It's going to take a lot of time. I'm :rcjt..r;': '-:a', ihe green dots wiLh the buffer zones actuaLly represent. Bu.. I'r,::.;. -:.-;iec a;.j I 'ir. going to start keeping track, if it's not too lale, of :..:;n: .' !-:.is . Hotre you keep some of lhe comments in mind. IL's not zoneCye-- 1..,'- I';, glad to see people around. Toir tlichel: Tom Michel and I live on Audubon Road. I'm looking at the sa;-"e thing everyone else is. AII the purple. But what I see is in soneareas there is a sort of a buffer or at least something betueen whereresidential is light or medium or r.rhatever. I think the heavier thede:',sity the more you uould expect to be in a more urban area. But theredoesn't seem to be anylhing projecLed along, I'm specifically talking abcut+.he Audubon Road piece nou where it just abruptly cuts right off intoreside::tial as r.;ell as farther up where lhe Lake Susan Hills, thatdevelopment that abuts Audubon up there, unless somebody uould dictate thati5e roac uould be a buffer which I certainly couldn,t agree uith. I thinkthe:-e should be something along there to separate that stuff. The onlyo',her comment I'm thinking of is how do you secede from the City of Cl-,arhassen. Coi)-ad: Your- narne sir? Ji:, De).acey: l''ly name is Jim Delacey and I live at 9250 Kiowa Trail. lt's -really, i live on a farm. It's about a 52 acre farm in the southeastcorner of Lym6n BIvd. and TH 1O1 . f Euess I look at the map end I see ( Co;nnission Meet i ng i99C - Page 331 p:,'ple and i see yellow and then the color I see the mos! of is green. Tl-:.t's parkLand and ure're talking a lo! about taxes or Public lands and !ie'r'e talking a lot about taxes and you're not generating much tax ba-: there. i guess the other thins I see, I look at my farm and I see ha i*. is greer, and lhat's the first notice lhat f have of half of my fa:- r-.-.ir,J trla"-'.e I as par kland and I guess I ki nd of wonder how that proce goes about. I've gct two neighbors. one of them iust build a house ) eai-s 690 ',ha! is parkland as r^rell and I'm iust kind of wondering hoi.r gete Cesignated wilhout the landowner being invo.Ived at aII. :S of t ha*- C.r:aJ: fr terms of parks Paul. possibly, coulci you point that out? I'm .'his piece righ! here. or,s of the things we're trying to do here is anticipate future ;a'-reational facilities. Bandimere Park is one of the Parks Ee:-. e La+-teC for expansion at scme Point in lhe future anC I C Like Mark to fill us in. Mark's been working with Lhe Park Bcard 3 i.'-.:.31:-'-: TL,:'- is a subject of discussion in the Park chaFter of the plari : -. ;i;si L,: give y o'..: a LittIe bit of background. The Citv trithin the l.a:'- ':'o'lgl,Ly >'ear cjid acquire approximaleIy 33 acres r.rhich is about the south l-.:-l' ci :5aL E;reen area lhere for a future community park. ThaL wiLL be in €::se-i.e e ;. cuth criented active Park under the current Plan. At '-he time --:,..: :-.a: !.a: approved and it was, the funds for thai incidentally carr:e f;ct a refe:-enCum that was aPProved by the voters. At lhe tirne tha-' ;;,'L,::. ).a' site Lta s approved and the final agreements uJere made, there wss a ieeire eipressed by the Park commission, which I believe was reaffirmed L.>' t5: Cjly Council, to eventualLy exPand thaL site to be about 6C acres :.r. '-ci:.] size. It was felt that 60 acres was a belter community park size ove:a}l tc accommodate the facilities than half that amount. The green '-hat you see on that map is representative of a des.ire !o exPand that Park..o tl-,e north in the future because literally that's the onlv urav iL can go of :'oughly approximately 30 acres in size so it's not necessarily going io in the future going to be indicative of the shaPe vou see there Preciselv bu*- the public policy tha!'s been set over the last couPle of years clearly has irrdicated that Lhe extent is to exPand that Park roughly the same size aga.i.n fu:-ther to the north. Not, it may weave in and out of some residential developmenL that may haPPen there in the future. It Probabl"> in all likelihood will not happen until that property deve.Iops iust because I don't t-hink the financial resources are going to be there. So tha!'s ki:,d of a long r.rinded exPlanation' One other comment on that addressing Lh:. sr-a'-enient the gentleman just made, there is a lot of green uP there and tl-,e :-ecreation section of lhe Plan does recognize that there is a lot- of g:'..n up there and focuses the attention of the Park planning efforts in :h:s .c'rrn.inity over the next 10 years to imPlementation of Park Plans ra'-l-,ei' than acquisition of neu ProPerty. The one excePtion to that- I'ras acqi:i-ing land in the ruraL area which was rural at the time for this colr,:,,- r-,ity par k i n the Bandimere area . ( ion,nigsion Meet i ng 199C - Page 34 ,-i;:. ielaceT: I guess that referendum that came out was presen+-ed to:h€people. There was no talk of expanding it. I guess uhen I read the refe:endum and ]ooked at it, it appeared to me as h,e were going to buy, as- a cornir,unity buy 33 acres. Put a park on it and develop it. Now to reaLizr. tlat i"e :ea].ly need twice that land and that referendum is really going tc cos'- more Lhan Lr,Jice what was voLed on as a result of expansion. co:.:ad: This is a 10 year plan and trying to anticipate needs. It'€, not thai u;ay right noi.r. If there are monies needed to purchase the plan, :ha:'s a different issue. tle're doing this really without the economjc3 -E3, i1'.9 i'- can be Cone. If there's a referendum needed, that's what's gcins to le,'e '-o happen . .l:' -:liie)': Cer'.ainly economics here are involved and I guess one sugg,'-s!lorr that I r^rould have is, uhen uie put acreages up for resider:iial s;.1 '-.i-=trial, we al.so put acreages up for park and public lands so pecPlej':: s€ir ,i:,3:'s on tax rolls and what's of f tax rolls and get a beiter' ,!'.:.a-:c : cc,r, 't typically see that. Thank you. lkay, tha:rks for your commenLs. ( ( :'- f -.i j:.Ee:: Gocd evening. My name is Ron Entinger and I live a+- 8S5:: ,C.,i.:.- i:ai. I"-'s right about here. I'd just Iike to bring up lhai I',T, a c:.,'-::': jal;ir'iustrial electrician so I get into a lot of these pLants '.h;c.j:i:-r!L: the n,e',ro area and it seems inconceiveable to rne. I can't ei,.":e e:,,Le : C;iving into any of these toHns, look the for the highest pcint of tl-,.: '-rr.r' eni tha:'s r.rhere I'm goir':9 to Uork for the day. I can't J:C€ r:.'-ai.-l '-:-.a: you wculd put an induslrial park on the highest pcint ofl.:,.i s; tha'- i.rhen anyone coming in from the four different directior,s, the 'i':'- tr,ing they see is the industrial plants. I guess that's all I'd like-t; l:: yo: kno;r. I can't ever remember r,lhere I would drive into a town an< 3io tlr i\cr- k on the highes! point. It just didn't make sense to me. Thank >'c:. David l.iolter: Hi . I'm new to the area. I just moved here from tlisconsin.i used to live in a rural town in tlenomie Falls which is just north of LheCjty of Milwaukee. I've just moved to Chanhassen about 4 months ago and f-just boughi a home in Lake Susan l.lest, 1497 Heron Drive and f have someother neighbcrs here that are here also h,ith me. tlhat I'd like to say is 1 er,joy looking at the sunsets every nighL r.rhen I first moved in and I look _uF cve:' the hi]l over there, across Audubon and what do I see. f see tlcGlyn,-r's Bakery- The factory r,,rhich is part of the industrial park that's5ei;g built there and I think, that ruins the sieht of that sunset thet you see off to, the beautiful sunset to the uest end I thought b,ell uhy isn't -there sonie way that they can't have some kind of a connection between Lake Su:an l-iil Is tJesi and that other yellou, area over there and have that aII:esiden',ial.. Then have a buffer zone to the north of that and then to the -sc,-;t!, o1' there and that uould preserve the historical parts along Audubonnc:d xl'rich is the Barinsky's and the other people mentioned a).ong there. Tha'- would be, you'd be preserving that and you'd also have some kind of abuffer zone betuieen all the people in those residential areas and I think - ihe'- ;cuIC be, that's someihlng that t^re should really look at. I thinki'.'d probably make everybody a lot happier. Thank you. Cor.;i,jssicn l.ieeting 799Q - Page 351 i-';.:j; Thar,ks. I think the Audubon Road situation is something that wew6rit +-o Iook a*- and we uill. I think ere've heard most of the issues ari ft-l-,::k they''re real. good issues so tre'11 take that under consideratior,. Ifsi:;..5:Cr' eLse lives there and has a different comment, I'd lislen to itlu", i g..iess we're getting close to a time when, urell r.re're getting cl.c:.e .:-o ;.rl-; e -, I h3i: to end the meeLing. tle do have to lalk about Timberwood.:1.'v€ go: '-hem here. Are there any other specif ic issues that r^re hav:::'t iaLl:ec ior,ight about? Any oeher neighborhoods? Anything else? Th€rese Cuinn: Hy name is Therese Quinn and my husband and I own 10 acre:. cf ! ,.2:: :: ELv..-l . . tje're righL here. Again, ure've been coming !o qui..€ a fe:.; cf these because for one thing uhen u,re moved out here in !977, ?1? .r.ed: li"::e:;t .Lternate route and nor,r it's come behind us and it's goir:g +-s '-a\e 31/? o'f cui- acres. Then Io and behold Iike 2 years ago, nex', tc us r..:s ;iJ -i:l as mediun. density and at the IasL couple meetings ago lJe found:.'- i.iat ;e're now being zoned nex! to us is comfitercial. Thank you. speak !o that Ladd? Jim Curry- f 've owned Lhat about 20 years. Just for a poi.nt of clarif icatio:-,::'-:i-a a:ea here is 75 acres but 45 of it goes to the highway. t:. L-, - Sere .:, s.r:'.7ey maF which I would be glad to give to Mark. I Lhink it would 5.. f,;l;ful because it does refine it someuhat. There's actually oa!'y 22a:..:: i::in here which is called mixed use. This is 7 up here which is nor.r C.-.rk !:-cr,::, uhich ";ouId be higher density. I think that the cor,sult3:-r:s anJc:1:ff rhc car,e up with this recommendation, came up hrith kjnd cf a gt,od ea L,:,cai:s: ii leaves aII the options open. As time goes along ar,.i iL is.:.ail; g:,is '-uilt, and by lhe uray 7'n 62 years old but I really do plen cr; i i'i rrg tl-ai roe.j someday . I mean f 've been uaiting f or it f or 20 yea: =, .r;all)' arr anxious to drive that. All the way down. I'm going to drive s:;r;: day. By golly it's going to be fun. Anyway, I think to keep the.it:.i.:pen, what xi]l happen as this goes along. Once this piece ge'-s c1:...: tc being done, the staf f and the Council r.rill ask the person who's i;i-:; '-!,1= area to come up with a master plan for that h,hole area. For the 22 a,y... !,i.t 75 but just 22 acres. That's what's down here. AnC as fa: as ihat goes, for Lhis piece here. At that time, there will be public inpu!. There will be Planning Commission. There uill be public hea:-ings. There i^rill be Council. Everybody will have their sa)r and it does mean aL this point in time as well as you people. Lnean u,hoever's here. f t mear,s ihai scmething fine can be done there. It's the major entrance into Chanhassen off the freeuay and I Lhink mixed use comes out really urell. It wi.i1 be a tax boos! certainly for the taxpayers and it isn't as large as it looks in this blob. It's 22 acyes of mixed use. The rest of it is highi"ay. tlould this be helpful Hark if I gave you these and then you could mail them back to me or Paul because these ulere surveyed and measured oul, rt would be a little more specific up there and I'd be glad to give you these. Have you any questions of me with what f have here? or as far asthat goes, anybody else here. I think it's a fine use and it does ]eat,e al. l the options open and it wiII be heard at a later date. co.,r-.,J: Any other issue bef ore Timberwood. There is one more. :-:ec'-icn for l- c"- T ,-ir, 8:-eae:- : f just I-,ave name's Jim Breuer and I live at 9366 Kioura little comment on aII of the plans and all. Trail. I guess of the My one Pla:riling Commission MeeL i ng 1990 - Page 35 c : ,.,e L oF.rre::', that's being planned. It seems like every little inch !sgetting gobbled up one uJay or the other. I knour you have Lo plan that way -5u'. i^:it5 the highr,says coming through. This 2L2 and other things that are g:i r,g on, i've read urhere wildlife, uretlands and habitat -uril. I be los+- a;,:l I jusi r,,;p n" to express my concern that for everything that's losL that naySe there's something in the plan for replacing it. That's all I have tt- say. Ccr'-ad: That's nice to hear that. First time Cc,mprehersive PLan a section simply on natural gc:ng t.o preserve and protect. Anything else? we've done in resources and our how t:e 'r e ul.e :ud; i'm Jim Sulerud. I live farther south on TH 1O1 . I had a ic: about the study area. t"Jhat seems to happen with major road t?:;.zr,r- is thai commercial development, heavy commercial developme:'- i"=. ',,ihenever cities have competed f or freeways and ma jor roads a;rdth:t happ=ns, there's a lot of pressure for real high density use anisi :'- ::.-r: '- l-.e alignment for 272 seems to presuppose, especially thej:-i + -.:i:'-i cn there tha'u is in the rniddle of the study area , presupposis -;a;c; deve).oprne;-;t there of hotels, restaurants, !raffic related ilemsirit-iaily erounJ there and then a large service area. So I r^iould guess theClt:"', cerlainly Ci!y Council and lhe elanning Cornmission anlicipates thatin.; : guessj I'nr going to ask you if tha!'s correct and therefore lhe cclir - cf a large po:tiorr of that study area will probably be mixed use and li.ghtl;.f.,:-*-rial *ith n'aybe some residential around the fringes of that. Is '-h;tsc:-t cf the direction you would guess? - a.:rad: lijth a major highway, that's a typica]. development pattern, In '.:c', l--,ef or e this meeting tonight, we don't ..Jant lhis plan to be deceFtive. -ir. otl-.er- wcr-ds, the best thi.ng a plan can do is teII people how area isarticipated to develop so that realtors aren't really out selling somethingi!.6:'s, to neur residents that's really not going to happen. So pr:o:' toolr' neeting tonigh! we're talking about indicating what we think mighL hap6en in those study areas. They are sLudy areas. l.,le don't have al.l the i nformation in right nor.r. The best time to start looking at that we felt i,(6s 5 years off but on the other hand, ure have a gut feel Hhat those aiegoins to turn out to be and we're talking about some similar uses to whatyou just suggested, especially in that louer study area. ft's around a major highway. Tha!'s uhere you'd prefer to pLop your industrial, or even _commercial areas. Jim Sulerud: I guess I'd ask, and I don't think many people here corrr,rori inLerest buL in the south, TH 1O1 needs attention. I know hran:s to pass it onto the State and the State h,ants the County- have a the C i'-y - io:.IYal,. Nobody uJants TH 101 . --l; S:.iLe:uc': l.,ih6tever, but f think those needs have to be addressed andthere's a lot of white area down there that I would hope would not be igncraC - Thank you . ( acnraJ: Thanks for your comments. ( ( Cor,n,i ssion eet i ng 199C - ?age 371 ii-g.---:' S.hr,idt: You say you have a gut feel f or these white areas.have a ',,hite area norLh of TH 5 and I know uJe're not talking abouttonight. Uhat's the guL feel for that area? You the t =:l: If there's a better idea f think for that intersection, re'd su*-:; ?lat arounC with it but Lo be very honest at this point in ti,T,e,-- )., ;ia'- ;.iculd l-,appen is a commerciaL use and then some buffering u -::, ;e-jiantiaL on the outside that buffer into the residential thet'.1= '-l-e s'-udy, area . That xould be a gut feel . Again, we uere ta1 ki e good reasons to communicaLe uJhat we think it rnight be and..we how we're going to do that yet. OLher issues? Al , you're gcirg :-e p 's. ng [.le don't urant to say or to indicate tot.,:Naa; :hat there's no! a possibility of that being there because there is, 'ie'-::ic;g possibilty as you try to figure out where stuff goes.-\c;.:': :-ea] sorne strong losic to keep that there so we have to deal a1::-t-l: i.-*- ^ith that adminstr6tively, even though u,e're not going to, ::'-..-,': *.1'.:i,l t"e hrant to bring it into our MUSA area right now. The:-e's scrie:;a1 g:,:C :-eEsons for not doing that but on the other hand, we feel that :. j: t.l,a: '.-,ef rre Lhe meeting. k -. rcw ( \e: p us here Lale. Conr-ad; lihere are you talking about AI? Al Kl.ingelhutz: I've got some commercial right here on the corner is my lancj and f 've got another strip of land along here. This isfamily. Here comes a four lane highway interchange. Thru trafficue've got this all in medium density abutting right up to TH 5. I uondering if, at least as far as the intersection Nent up to thishere, couldn't be put into something else besides medium density. arid this singLe u,et I a nd Conrad: Like what? Al Klingelhutz: Like mixed use or commercial . t'1ar,/ Harring'.on: Not really. Just some things to think abou! guys. i apol.ogize the map's not as big as the City but I don't have $7,ooo.OO tol,ire a planner. No plan, r.rheLher the City presents it or anybody elsepyesents it is going to satisfy everybody. Everyone's going to be unhappy an.j f unde:'stand thaL. After listening to the City's Planning Department-, conrad: You jus! take a look and it's on a major intersection, Being arr,a-io; intersection, you're realLy talking, to be realistic, you're talkinga5r'rt a comir,ercial . That's whaL's typically put there. RoEer Schrnidt: So you plan to extend, break away from the Arboretum anC '.ha'- devel opment that's just u,est of Lhere gradually? Al K:::gelhu'.-2: You're talking about south of TH 5, it sort of affects a F:..3 of prc:.rty that I own down there. I'm a little bit concerned. Ara;io: ilter-seciion and most of my land is zoned medium density righ! uF to Ti-l 5 arid I'm r.:ondering if Lhat is really the best use for lhat Land at a na j;r i n*-a'l-section Ii ke it is . c3:rad; okay. Anything else. Timberwood. The plan for the community. tr!.an:-ring Ccmmission MeeLing .1, ne :C , 19iC - Page 38 Emrirgs: Could I ask a question? You keep talking sane e2 people Lhat signed the petition that you're about 82 sPeaking PeopIe. for ? l{a::.' '-lari- i r'lgt cn: Yeah. 84 , i r,;s : e4? O kay . JusL so correct. I know. ( :"r)'y l-lairington; Anyway, these uJere some things that xe thought up liker,;yL.: the.:: are ihi ngs to be considered. I am not saying we uran!- ..his . I 'd'';,tl-,er E.ee that there's, you know f orget anymore industrial.. That would be_ix' per-eonaI viewpoinl on it. As Chanhassen conLinues to develop, there=iden'.s are concerned about how new development will be direcled and.::ir.:*c:Iei. ...have chosen lhe semi-rural city of Chanhassen raLher t ha:- t.L,e :r'.nC)' me+-ropolitan suburbs because of Chanhassen's small tou;nat;c=phere. Creativeness for planning for future zonings is a must if. ^e're going to avoid the unappeaLing look r,lhich characterizes so nany of:,,r' i.e:ra sL-L5urbs. To allow TH 5. . .any further more industrial busines. or-:.'!'-ce zoi-,ir,g is going !o have a negative impact on Chanhassen and we'ie r,.:.', g::ng to talk just about here. tte're going to talk about dor,ln here anc-a.r.ji l-.ere arrC also areas that you need to consider instead of just the one _a:-.,. vis,,a.L poilution, VisuaIIy, unappealing city or highway corrido:;-e the resuLt of placing commercial or industrial uses along the eniire 'ighr-iay ccrrido:', From Interstate 494 !.,est to Audubon Road, most of LheLjghwa; js or will plan to be induslrial,/commercial . This brings lights, -a:li,e.iising signs, asphal.t, parking lots, buildings, eyesores, pipes, condensers, etc.. These are unattractive facLories can take up to 7C.; oftha site leaving very IitLle green space. It can also be 4 stories high.Often there's minimal ]andscaping which is done to shietd the adverse v j.ei^;s of parking Lot, truck bays and the like. The characler of our town willtake on a very unaesthetic look. Chanhassen residents desire a morepleasing vier.rs of grass, trees, archtecturalLy appealing residences whichwculd be a more pleasing view along a highway. Social isolation. To place industriai.,zcommercial uses adjacent to or around existing residentialneighborhoods results in a sociologically cutting off the area.l.leighborhoods such as TimbertJood, Sunrise Court, t,est Susen HiIIs, get cutoff fyom the social environment of a iontinuous neighborhood. This canhave a negative psychological, social and value impact. Nothing is solved _!.y providing a sm611 strip of residential land along one side of... tnfaci tha: only socially isolates the new area !",hich as it does no! have aiarger uniform nej.ghborhood Lo interact uiLh. There's also...runoff. Chanhassen is presently trying to creaLe a service lrater management utilit>,-!o deal ;ith problems caused by runoff. Commercial land uses have anegaLive impact on our area lakes Hith an addition of sediment, nutrients, a:.C poI)u!ants. Chanhassen proposals include assessing a graduaied fee on - ( ( i'- see:us they are bent and determined bringing commercial,/industrial ir,this toian and I don't know hou ure're going to do it but ure're going to try._lJhat's on here is not any final piece of information or anything. I'.'sjus'- so;:e ideas in trying to come up with a compromise uJith what they wer-eprcpcsiig for putting in here. Basically our personal opinion on 82 p.-cpleie iie u,oul.j prefer to see the Lown did not change. tle do not wish to see 1a:'ge lot residential and/or acreage to st6y the uray it is but facts oflif: i:'s going to change. i!.anrrl ng : :.E 1^ Ccr,n',ission Meet i ng !9?O - Page 39 ::;;l:-iies that contribute most of this problem. The problem types ofprcp::'iiee ai'e the commercial buildings, the industrial , the ap6rtmerts,tle a:l-,:cl.s and the parking lots. The holding ponds are only tempora:;, na:rC:'-es to '-he situation as they do no! harvest the nutrients. Tra'ri: 3c i,gest.iori again has been noted. Many of the employees of Chanhassen'sfcu:' La:ges'- indusLries commute to our city. They are not reside;its of c,-,,-cl'-'/. ir':di:strial.,zcommercial uses bring increased truck and car traf f icilhich further aggrevate the congestion. tle should look for tJays to reducethe congestion rather than to create zoning that creates and aggrevates tl-eproblen,. Please note that HnDot's and Carver County's projection of fuiu:e '..:':f ic essui-,,es lhat TH 41 and TH 5 urill have industry, of f ice and cther-i'..:,+ :'.2I uses lhat is generating this traffic. Minimal Lax relief . 7.,'.t"::-: c-i )ou who cio not understand, most of our town is presently in F.RATl: ani E:D districts urhich means that their tax dollar goes into tl,s Fli:. ^,-.t l.-L '.c furlher benef i! more industrial but it does no! benef it the :i'-,col"-, the City, the County or the tlalersheds which we do not 9e*- a:) '- -i:- f :'::; so lhey are not helping out our tax base at this present tim.. It is ho;ed in the future that they will be doing that. So adding nei^; '-'..:i.'-ry, '-hey u.ilI probably be put into EED dislricts because they cannct i.f f or-.i '... ?e/ f oi- the ser.rer and u,ater so they'I I probably request to be i:-.i: ^iich;ill mean that we will be taken off of circulalion from tex *{isi.'ii.'- fcr- ancther 8 to 10 years. Noise pollution has been addressei anC : -'.: r ;...1lution has been 6ddressed again and there seems to be a market s6t; .'.:ar, a;rd negative competition if ure encourage more commercial oit '-.::-. te spent over 15 million dollars to revitalize this area which we ha-e: "- even got it built and if r^re're talking more commercial, u;e';e gc,ing t. shoc: curselves in the foot over here and that's a lot of money to be 7o- |.,-ic;L, f or- uhen ue need a very healthy doi.rntown and uJe need to encourage -ec;).e *-o gupport that area. To zone, whether it's over here at sunrise F.idg: o; whatever for industrial, lowers property values. And horneowners wi.c, lf lie zone and provide the areas and people see it on a map and they s:), oh I wish to build over there and I e,ant fo build nexL to it. Peop).e r.ould voluntee)- to build next to highways and freeurays and industrial uses3ui tl,ey like to know about it ahead of time. You and I may not be lhepeoFle who r,,;ant to do that but there is a mar ket segment out there that will do Lhat. tJhat can be done urith Lhe land? A plan for zoning must address the needs and desires of the current residents of Chanhassen for they are the toun. A r.rell planned, visually appealing residential con,nnunity should be the major thrust of pl.anning. Families move here to Live in the residences, not the offices. Hore lou density residential 6creage is needed. And like the City of Orono, Chanhassen could benefit from providing more large acre residential zoning. The uestuard shift it: the HUSA line will not provide much residential land on the north of TH 5 as many of lhese people do not trlsh to subdivide. However, buildableresidential can be pl.anned for south of TH 5 and that PIan is most suitable for residential. Nor.r the residential is the blue spaces on this particular nap that you're looking at. tle would like to see a }ot more of the blue sp6.-es bu', I Con't know how to compromise utith these folks who uant to Pii:it i-.'.: purple. The blue space on the map shows owner occupied residential use. gach area has been made large enough to interact and socially relatewith one another within the blue space. I realize this pink thins is in he:e --hich I'd like to see out. This guy. Okay. But ue kind of choppeC 3-cme cf it out of here. The farmers urho want to stay in business and stick ( 5 :, .-, i iig Commlssion l'leeL i ng f99C - Fage 40 a:'o;:ic' fo:- the next 35 years should be able to do so and the HUSA line,t-his stuff s!',ould not force them to have to sell because their neighbo:- uiishes to develop and they have to start paying for part of the land. *-e'c-llke to ercourage residential u,hether .it's residential farm or whatever.iLe attached map shows possible solutions, things to think about to pror,,iC-: !!:-ioue useo. Along TH 5 there's a green strip up here which you probah,l:., -;.::-,rrot see. A green strip space. This could be a bermed area with closel>teJ spruce trees inLermixed uith hardy deciduous trees. This r,:ouLd us a very pleasant feeling viewpoint dor,Jn TH 5 instead of clutte:'eC _signs ancl industry. A 35 mph frontage road couLd be constructeJ. a ; of rnedium density could be zoned for twin homes that could have '-l'.eirya:-Cs backed up to the frontage road wilh rear yards facing a berr 'ir-r P-ctlgive ^! th bac k ::,ta ii a c;n yard. So it'd be high*ay, berm, frontage road, 35 mph, berrr' a::d -r:e star: i,:ith twin home. Right across the street f rom it, plenr':e.j f ir-a; l.:i; densi.ty housing. These people uould provide more graes. Lc)-e , €:a.. Large acre and agricultural again should be encourage. Tts,is -;'. rnaries it so th6t no one is facing the highway. Noise is decreaseCr:s: 5Ce. from MnDot by the use of berms and walls. There's a segm€ i: 'I : I t-!- l-cu:in3 mar ket xho is willing to purchase on highways and busy anC this is no Ionger an issue of being forced. A Iook at an),c:' f:eeray presently r^rill reveal housing currently being buil+-:fte' :he high;ay has gone in. Forcing only occurs r.rhen exisiing :r-.-.i l;i,'-ial ; lor.9 the land being rezoned has been rezoned for negative --rs:3. A highrey is not an ideal neighbor but it appears to be the lesge:-c' ti"c evils i^hen cornpared to non-residential such as industry. vA anC FHA a;pi:rve:l Loa:-r appl ications for homesites sub ject t.o noise without re jec'-ioru -?'-c 73 ce:ibei.s, according to the HUD noise specialist. Even so, he'srf,: alare of any freeways that even generate that kind of level of nois: ir, :'. n7 -.t their studies. Again, most of the noise comes from the trucks sole:'s plan for zoning tha! does not generate truck traffic. Safety i/,res an -:i.:-€ ti.'. ras brought up. Families with children that reside on low t,-aff i: s:)'eets often fail to teach thei.r children street safety. Thechllc"e:, play balI, skateboard, mill around and bicycle on these st.reets. -::' c.;'r'-rast, families living on busy streets are diligent to teach childre: safe'-y anC a heallhy fear and respect of that street and don't allow theirkids to pl.ay in the street or mill around... Safety is not a major issuexi'-h the street. A service road is also a mitigating factor. Green space. Chanhassen's environment is in need of more green space. ResidentialbuilCins takes up an average of only SO? of a lot. Residential uses alsoprovide more grass, more trees and more appealing landscaping. A business -cen take, an industrial business in this town can take up Lo 7OZ of the lend and 90 up to 4 stories high and not to mention parking lots, sideralks and ',he 1i.ke. Businesses with their Iarge buildings, asphalt and concrete -contribute to surface uaLer runoff and do not provide much green space. The school provision. That's become an issue also. [.re are eventuallygoi:g to be needing one and on the map there's a possible location for ar.idJle school which is otherr^rise knouln as a junior high, on the southeastcorner of TH 5 and TH 41 . Nor., we have, you knou one here a possible site. O.,e there, Somebody Nants to put it over here. You knor.l , delighted. Putthe thing r-here. I mean it's not locked into cement. I'm saying here's a -possibje site. Here's a possible site. I like that idea putting the site ccr.,in there too. LeL's see. There's adequate green space around thisparticuiar site to be used for the school and for park facilities. ( ( -( trle:',ninE Commission t,leet i ng :99O - Page 41 :Li.ceine.: here has these advantages. It has suitable lopography. jt has fo,.,r- way access for bus traffic, It is a pleasant compliment to the A'bere'-urn and provides more green space. It is more centrally located fcr access for students who are bused from Chaska and Victoria. Schools heve avjsual appearance that is similar to a ]arge office or flat top industrialbui1Jin9. This location does not force the buildins to be backed up toexjstjng subdivisions. Fulure residents can volunteer to build with full knor.,Ledge of it's existence. It's noled at this present Lime that tl,issite xas not shown to the school district to take advantage of during it'ssite finding report. A possible second alternative would have been the sou'-hi,.rest corner- of TH 5 and CR 17 which again is this little site here. Ii's p3rt of that orange area up there on the high,^ray. Presently District 111 lecks any f uncis to do anything about a school but it's possj.ble jn i995t.hro.:gl a locphcle in the HRA process that Lhe school could be a recepient<l =.c:,e no;rey but '-his money must be used for capiLal improvements whichre:n: b.ilCirrgs. The inCustry proposals. Land is needed for future growth i.. '-!-,e indus'-ry which is wha! they keep tell.ing us and Chanhassen, if you ;ill, b'el::,gs to lhe residents. Any addition to non-residential mus'- beplan:ed ccrr.erning the quiet, peaceful enjoyment of an owners amenity...;"icts. happens to be his property. Non-residential uses should be a servicetc '"he res j.dents and should serve a requested need. Haking money is '-'sial. ly a il;otivating reason for business' existence. Hence, lheir caringa1...: '-l,e com.nunity is not going to be the same as that of a resident.i:es:d::,ts should be given priority concerns in zoning plans. The induqtry i.lacement. 9top the r.reslward encroachment of non-residential attF'. Y:Gl)'nn border with the exception of a little .2 !/2 paycel as thep:ie:tial service road comes along at that point. Then require that spruce+-rees L.e planted every 10 feet apart r.rith deciduous trees interspersed.-L,s -.ext step block for medium density homes which mean like turin homesl;ve '-heir rear yards back up to the berms. Finally the lor.r densityre:icjeniial, preferably large acre. Preferably leave it a farm across fr-oir,th€ -street from the twinhomes but ule know that farms are probably going to g,:. L.y the rayside. A change in the zoning laur could be made for allfutu:'e, should be made for all future construction of office, commercial and industrial. Presently it allor.ls the back of an industria] office to come 50 feet to a residential lot. This should be changed to a minimurn cf 125 feet, preferably farther away. The yel.Ior^r strip seen on the map accorr'plished this to some extent uithout putting the large blocks of townhouse developments around. The larger yellow sections uould provide toilnhouse locations as a transition like a townhouse Iocation. A to!^rnhcuselocation. A tob,nhouse location. You l.,ill note that r.le are also consi,dering the north end up here on the map uhich townhouse, townhouse, and this is supposed to be yellow up here. A change in the zoning laL, shouLd be made and the larger yellou sections, again are for townhouse.This has been done in areas where the land is vacant and future purchases of homes could volunteer to move in next to the non-residential and in any market th€re is a segment of a purchasing market that will purchase that klnC of a site. You and f may not do it buL there is a market for it. Futuye possibilities for industry and business. The most losical locationfor these uses would be near the proposed hishu,ay 212. It's true Lhe se'ier and water will not be available for 10 years or more. Chanhassen can gro!,; at a ccntrolled, orderly pace. It does not need to install aII possible i',cn-residerrtial industry business in the next 10 years. tle need to look at T iLa:.ring Con:mission Hee! i ng 1990 - Page 42 BiIl l*liLler: I'll be real brief, I promise. Just something I've thought aboui since last week which relates to just planning. I'm BiIl Miller. ILive at 8121 Pineurood in Timberuood. It seems like Timberwood today has ( lhis a;ea aLong TH 212 now so that ue can make better decisions in other areas of our Lol.rn. The strengLhs of a highuray 2!2 LocaLion are this. Ore.the ef f icierit freeway transportation to the destination. There are no s:oF- sig;'rs. TH 5 is inefficient. It's covered with stop Iights which serve t-he pu)'pos€ of slowing traffic down and discouraging traffic. The land does ict contain residential subdivisions per se. There are farmers whc Iiv; ir- here and I am all in favor of ditching this section for the gentleman wl-,c Liues here. I don't urant this over here. I don'L even urant anything pink.glease understand that. I mean if ue could chop that off and urhatever, put- a iilile Iine over here but I'm saying let's look aL 2L2. I'm not sayingthis is the final end of looking al 272. The faimers appear to be g.arjual Ly retiring from farming and .selling their property to the highest !:iCJi.irg investor. Placing induslry near 212 will disrupt the feilest - p.:-irtanerrt residents. The farmer may have sold and left in 10-15 years. 3.gai:., lt corLd be pLanned for in advance thus giving people purchasing !,,:;i.e. prior wa:ning of it's exisLence. Thus lhey choose to make the ucl..r.!La:'y lhoice if they r,iish to make at that location. The off j.ce ;:o"ri=ions on the map at TH 41 and 82nd Street which is over here, thiE.ll:',le rhur,k up here are the two pink sites. This would be a reluctant ::;.,p:-:nise fcr additional office space. Again, we'd not rather see any but i t ;:.:l.J i-ieed tl be controlled so not be an unaesthetic problem for the f,i-bore'-um, The addiLional pink that is located on this map is the are: ofthe Ced:iey Pickle secLj.on here and then aLso some scattered commercialtha'-'s already in existence and I just put Lhis on here for a possible.. t:-.ink::rg about. f'm not saying ue should do it but let's think about:t.-he:'e is ihis area down here also that we could Lhink about if we need ,rc:-+- acreaEe fcr this, It's pcssible to look at that area. Progress is going tr go on and maybe someday most of the farms uill be gone so toCay ue can >La:-, tr se| aside the Land for residential use for that the present and fu',ure residents can make an informed housing choices. For those of you, the pirl< is industrial. The blue is residenliaL. The green space waspickeC off the City's map. I was noL auare that this was not an existing F:rk. I jrjst picked this off their map. This is the highway's green spac- here Lha'- they will be putLing into ponding. This area puts it right up tc Chaska's industrial park right in this area and it also puts it along the freeway, fn our books, this ttould make maybe the least disruption.Getting rid of ]et's say the south half of it. They are in favor ofpulting it below here but I'm in favor of protecting these houses here and these houses here from sitting on top of any of this business or industrialstuff by shielding. These people shielding and these people and not just Tirnberwood. You can't just sit and think about Timberwood. Then also lhis corner here, not for commercial as it is slated for turning into mediumdensity because it's all of the toNn and the least amount that r.re have of+-his industrial sitting on top of existing subdivisions I guess tshe happie-r' a lot of us would be but I don't have the final ansuer. These are thingeto lhink about Lhat ure'd like to give you some thoughLs on. Thank you Conrad: Thank you. That's a good presentation. Other Timberwood people. Lie're a l ittle bit past our hour but I r.iant Lo give -(- Fl anni ng Comrnission Meet i n9 1990 - Page 43 Conrad; I think h,e do. I've been in this process before and I think in the previous process, vdry few people showed up so I'm rather impressedwith how many did show up and are tracking the issues. I think tha!'s theprocess. It's the process of having, this is not a public hearing. This is a process tonigh! where we get the input. Ne've heard input from a variety of folks and we still have to, and it's not a perfect process by any means. You're not talking to a bunch of professionals up here that k:rcr.: planning backwards and forwards. t,e try to hire that advice and then the ultimate end, you know you mentioned that if 94lz of the citizens di.dn't r,;anL industrial grourth or commercial grouth, I think the City Council uould { Secorne a big issue with the Planning Commission that sort of presents somewhat of a challenge or difficulty and in looking at it. you've gol tc 'igure out how to buffer it now. You seem to sort of like a little buzzilord now, non-Timberwood, Timberwood Lype stuff. I uras just thinking abou+- r.rha'- happened last,2 weeks ago I guess at that meeting. It seemed Likethere i"ere sorne things done on the north side of TH 5 Lhat a lot of people thaL were here, I didn't ]ive in Chanhassen back when that happened butthey were talking about wha! they were going to do on the north side of TH5 and a Lot of people here said rde never wanted that and now you're !e} lingus ue're going to have Lo develop because of it. Okay, so there was some kinC of decision made where the residenls Neren't, it appeared to me at the i:+€:: ng 2 u:eeks ago that not everyone was in favor of this happening and :,.ir. ihe)'r-e going to be affected. Then we have Timberwood and I guess ihe Fr.rt a:,.ut Tirnberuood is, you know not ),ou maybe but somebody putTl. '',e:;cicl there. The people tha! moved in and bought houses that were..:ld b/ treopie thaL are here and things like that, that uras there. YoJ pir'-j'-'ll e. lL's not Iike we've developed lhis prob).em. I t^rant to irake that cLaer- because f get this sense like Timberwood's a dirty uord or so,nethingl: l.+ 'lhat . tJhat I b,janted to say about that was, when we're doing thisplenring rrcu, so 10 years from now we don't have this same thing, it seemsl:ke there are an awful lot of people here who aren't happy Nith !^rhat.r'<,,'t,, pui_tin_: up there and Lhere ulere people here that 10 years ago saici t'.e> dlc;, 't warrt it. They were told not to worry about it and now they're |,aving to pay some kind of price for Lhat. Early on you said it's goilg to hap3e:-, - lhere r.,ra s an assumption that tre are going to have progress and alL ',he.s.. types cf things and I just wondered if that's realIy true. tJhat if, :,.;hc ccrtrcls the process I guess is the question? t^lhat if 9OZ of everyoneir tLis torln canie in and said tre don'L want another square inch ofl:,i-='-: ial? lrl',at if 942 said that? Is it a fact that we'd still have to hav+ j.i and we'd stil I have !o go with .this plan? I mean hoi,r is the exactplccess '-hat comes through I'm just urondering because i! seems like we haveall these assumptions made that ule are definitely going to go a certairr !,ray a:-rC I dcn't understand how the planning process came lhrough but it seems we do make misLakes and it seems like ue do make a lot of unhappy residen+-s and I imagine there are some people here who are sitting around wishing lhey didn't live here because of these things. f just think that sort of has to be addressed because I get a sense that the planning process and I know it's not perfect and it's difficult and all those things but there are sonie major mistakes being made and it really seems like a lot of things are set in motion or on the role and ue make aII these assumptions there's any citizens input. I just think maybe you should appreciate people tha!put in aII Lhis time and effort rather than makins it seem like a thorn. I-'!6iining Cor.,mission Meet i ng 1990 - Page 44 sensitive to that. I lhink if that was lheir feeling tha! thet they felt that they just...the City Council level for things I think it's real tough. It's real easy to take shots at th€ ould be out there and I could shoot a lot of holes in it because taxes, I i ke t -t -- this up inanKs agaln. for your I really t tY L^. ( f ras here before you were and I liked the cornfields and I like the fa-;,s anC ir you take a look at our old comprehensive plan, there blere a lot. ofnice things about that. tJe Nere preserving the a9 districL. [^,e Lrere doins- some things that I thought t^te brere probably lhe best community in terms of pro+-ecling Lhe nalural habitat in the metropolitan area and probably ajE;.-jrr- in some other areas so we've done a IoL of things and I think it':- eas'/ to shoot hoies bu! the reason we had the meeting tonight |Jas to getyoyr irrput. I'm appreciative of Lhe effort in just showing up and the:rfc:-', in the plan in here. And I think there were some real va).id pcir,ts -i,,.:i::: . Le: ile tel I what t'he process is. Its's Iike I'm closing the nreetir.gcl.rr'r, f probabl.y 'arn and I hope I'm not cutting off somebody else frcir-1,.'-. :,r:.- r,,itt. n.aybe a different opinion or something that ure should kr,o":.ii.- yo; have soinethirrg before my concluding comments? Yeah, come on uF. ancl-lk t,--- us. .-ari;s -eei'dahl: Hy name is James Leerdahl and I iive at 2350 Timberucod. -: s,-l+:=s l.r:-,a! I'c.i Iike !o say, I back right up to that asterick okay where '-he ;roposec.i n;iddLe school is. Looking around there. It's ali yellow, Hyperspective is, it's not a real problem, I like b,,hat you've done so far. _I knc,,. a lot of people aren't going to like to hear tha! but and I know al.;t re othe;' peopJ"e, I feel for whaL they're lalking abouL but I've got a Le)-rr, behi ncl niy house. I 'm not goi.ng to see that middle school . It o'oesn'tlook tl-,et bad to rne. That's all I have to say. Coiirad: Thanls for your comrnents. 'I paid him to show up tonight. Dre;i Ricl-,ar-dson: Hy name is Orew Richardson and I live at 8120 PinehoodCir;le in Tj.nrberwood also. I agree Nith the middle school . I liked thatjci.a !;l-,e;: it r.ras f irst brought up. It's a large green area, I haC oneq(.iestion. f see four types of residential . Commercial and then simplyofficelindustrial. I think one of the things that's scarey to me abou!that is thaL officelindustrial can go anywhere from the HcGlynn Bakeries,the 4 s+,ory big cement building to an electrical type, computer type place.-I mean a small office park. Something like you've got up on 494 there. Isit possible to split that up to, the area along TH 5, make Lhat low sLungtype buildinss. One story type buildings. Is it possible to do thar? Than ks Conrad: Thanks for your comments. Anything else? comments. Anything else? Okay.do appreciate you being involved.I'II try to ulrap t",hat the ( ( Todc! Paquick: Todd Paquick from_ 2320 Timberuood Drive. I'd also agreewi'-l ny rre>:t door neighbor over 'here. I don't have a problem with wha!you've done for our neighborhood. It seems like ue don't have a reasori to -c;rirp).ain. There's quite a bit of buffer space around the Timberb,ood Drive :reighbcrhoocl and I also don't have a problem r.rith the middle school in my backya:'d. Flanning Cornmission Heeting 1990 - Page 45 Flanni rrg Conrmission is goi ng to do nob,, is try sone really valid issues brought up. Some of even before you got here tonight. I think we and ure're going to do that over the course ofgoing to bring them back to you in terms of a l',ear i r-rgs Paul will be? to digest some of, lhere are them ue might have discussed want to take a look at them the next monLh and we'republic hearing. Those publ ic Krauss: t,,le'll have to put articles in the newspaper but ue're anlicipa'.iirg either the end of August or the first meeting in September. ff you're curio..:s frorn time to time, feel free to give me a call and I can update you on ui",e:-e ue're a!. Cnii'aC: tc revie',',1 people on 1r'-ouch. thjnk that's it, t e've got anolher meeting Lhat we're Planningalj lhe things that we've heard from this meeting and the mee'-irlg thank you for your atlendance and there's always room for more lhe Planning Commission. Remember how much fun this is and s*,ay 3e',zLi. moved, Conrad seconded to adjourn the meeting. arC '-5e inc'-ion carried. The meeting was adjourned at S..:b;n j. *,'.e d by Paul Krausstrlenr;.:g D i r ector =r'e par ed by Nann opheim A11 voted in favor 10:45 P.m. . ( (