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08-15-90 Agenda and PacketFiIe AGENDA CEANHASSEN PIANNING COI{UISSION WEDNESDAY, AUGUST 15, 1990, 7:30 P.U. CHANHASSEN CITY HALL, 690 COULTER DRIVE CALL TO ORDER PUBLIC HEARINGS 1. Conditional Use Pernit for a cellular telephone facility (antenna tower and equipnent building) on property zoned A2,Agricultural Estate and located just east of Galpin Boulevard and north of Llman Boulevard and the Chicago, lr[i lwaukee, St.PauI and Pacific Railroad, llinneapolis SUS|A LinitedPartnership. 2. Prelininary plat to subdivide one parcel into two lots onproperty zoned RSf and located at 1010 Pleasant Vieu Road,. Fortier and Associates. 3. InteriD Use Pernit for a grading project to excavate lOo,OOOcubic yards of naterial and located approximately 15OO PioneerTrai1, Bruce Jeurissen. 4. Interim Use Pemit for a grading project to fill IOO,OOO cubicyards of material to support an earth dall located at 1OOOOGreat Plains Boulevard, Don Halla. 5. Prelininary plat and Site PLan Review to replat 2 lots into one and for a Retail UaIl Building of LL,822 squarefeet on property zoned CBD and located on Iot 2, Block 1,Bloonberg Addition, Frontier Retail Center, BlooDbergConpanies. 'r OLD BUSINESS NEW BUSINESS APPROVAL OF UINUTES CITY COI'NCTL UPDATE ONGOING ITE!.IS ADI,IINISTRATIVE APPROVAI,S OPEN DIqCUSSION AD'OI'RN}{ENT STAFF REPORT PC DATE: 8/15/9t) CC DATE: 9/10/90 CASE #: g)3 CUP By: Krauss/v i Fz C) =(LL ko hJF U' To l-ocate a Commerchl Communlcatlon Transrnlsskrn Tower To Support Cdlular TelEphone S€Mce. The Proposal Calls for a t2S Foot High Sdf Supportlng Torer and an Assochted 12' x 30' Equiprnent Bulding The site is located on ttrc Vdk Parcd east of Lyrnan Bod€\6n1, lmrn€dhtely nonh d the Chicago, Milwaukee Rallroad LinE. Minneapolis SMSA Umhed Partns.ship Represented by John Uban, with Dahlgren, Shardlcnr & Uban, for U.S. West Neuir'ector, lnc. 300 First Avenue No., Suhe 210 Minneapdis, MN 53101 LOCATION: APPLICANT: PRESENT ZONING: A2, Agricultural Esrate ACFEAGE: The site occupies a 2.5 acte area located adiacent to the int€rs€ction of the railroad tracks and Galpin Bodarad on what is a total o{ a S.g acre parcd. ADJACENT ZONING AND LAND USE: N - A2; agricuhural use S - Chicago, Milwaukee, St. Paut RR E - A2; undeveloped acroage and ra r@d W - Galpln Boulevard ard additional acrelge zon€d A2 ussd lor a combinatlon cf agricultural ard commerchl uses WATER AND SEWER: Not availaUe - the proporty is located outsUe of the MUSA llne. Proposed lor indusion under cunenl 1990 dratt Land Use Plan. CITY OF EHANH[SSEI\I PBOPOSAL: PHYSICAL CHARACTER.: The sfte cons&is c* a south faclng hlllsue wllh I p€ak de\latbn of approxirnately 990 feet locafed at the north property llne dropping do\m to an devation d approxinEtely 950 fest at the ir erseetion c, Lyman Boda,ard. There are no wedands or olher HenlillaHe dralnage features on the proporty. Mature trees are found on the east and south sld6 of th€ parcd. The rsBEining land ara b ln agricultural use. aDO LAND USE PLAII: This area is not designated for any use. The draft lard us€ dan curerffy belng consHered identifies this sit€ as Lofl Density Resldentlal uses. ,TF u IL ',[0P'i s -J &: o ! i700 t600 Ioo ro i oo3(Y DPossD9003 9roo 9200 noA! 'rT o0 O6 rB)( c.R z L) LYP I -,i, 930 u;gL Q A2 Cellular Torrer August 15, l-990 Page 2 PROPOSAL/DISCUSS TON The appLicants are requestlng approval to Locate a 125 feet high,self supporting conmunications tower on a 5.3 acre parcel 1ocaiedat the intersection of L)man Boulevard and the Chicago, Milnaukee,St. PauI and Pacific Railroad tracks (C!,tSpRR). The -tower rrill beused to support and improve cellurar telephone service. The tolrerwill be a self supporting open lattice uork structure and ri11 beacconpanied by a 30r x 12r equipnent buirding which will be locatedat the base of the torrer. The equipnent buirding witr be truckedonto the site and set on a penoanent foundati-on. It will beconstructed out of fiberglass, painted with a multi-colored brickpattern. An asphalt access drive from Lynan Boulevard will beextended to the tower _wi-th parking available for several buirdings.Security fencing ni11 be providLd. There wi1l Ue no enlioyeesbased at the site. city ordinances allow for the consideration of proposars forcomrnercial couununication transroi.ssion towers in the az 6i=trict uyconditionar use perroit. The ordinance only has one specifilstandard rerated to this use in that it requirEs that thesi to!.erseither be 4e.signed to collapse progressively or they shall be setback -from all property lines a roininurn distance equar- to the heightof the tower. The current proposal is consistent with thisrequirenent since the tower is designed to pernit sornewhatprogressive collapsing to avoid a situition vneri i tower-wouratopple as a unit, in addition, there are setbacks equal to orgreater than the height of the tower provided in arl dlrections.The ordinance also provides generar isluance standards related toarl co-nditionar use perrit applications. The proposal must aLso bejudged against these standard! and is done so iatir in this ."po.t. staf-f has had an opportunity to work with celluLar terephone towersin the past. A fairly conprehensive data package has b-een providedin support of the request by the applicant. ariefly, tne lettutartelephone system is based on the creation of a seiies of cells,uhereby a nobile telephone user is shifted autonaticarry fron onece1I to the next as they move throughout the systen. i tower islocated at the center of each cell. As the systen grorrs andmatures, the nunber of cells increases to handle i great-er volumeof calls and to enlarge the service area. In addition, as thesystem natures, the height of the towers decrease since the size ofeach cells gets progressively smaller. At a height of 125 feet forthis reguest, it is considerably lower than othLrs ue have workedon in the past and it is significant to note that it will notrequire night tiue lighting to satisfy the Federal AviationAdninistration. The siting of these towLrs is a highly conptexscience, uhereby conputer prograns are used to aeiefnine thelinited areas in which a toner tan appropriatefy fe sigtied. In Cellular Tower August 15, 1990 Page 3 this instance, the applicant has indicated that there is a halfnile search area located 1n the western portion of the conmunity. This search area is apparently further linited by the existence of trro separate telephone companies which IegaIIy linit the ability of the applicant to locate further west into chaska. The applicants have indicated the desire to have this antenna up and rorking before the U, s. Open next sunmer, since they envision that this event will generate an extremely high volume of cellular telephone use. The applicants have provided accurate infornation concerning use of the 911 system and itts utility, business as well as for elDergencyservices. Holrever, it shoufd be understood that ce11ular telephone conpanies are not public utilities and do not function under laws that the standard ground line telephone contpanies operate under.This is not to dininish the inportance of cellular telephone service, but only to indicate that we do not believe that this autility that reguires special consideration by the city. In nany respects, the proposal is a reasonabLe one. As indicated above, the tower is relatively 1ow as these things go, horrever, itis going to top out at about the height of a 12 story building. Itis important to note though that the open lattice work design avoids the need for gruy wires and allows for visibility through thestructure in a nanner that nininizes visuaL irnpact. For those nenbers of the Planning conmission and City Council interested in dealing with similar tolrers, there is one located rrest of 494 and Baker Road, north of the crosstoHn Highrray. It has been our experience that it is relatively diffi.cult to see this tower fron a distance unless you specifically know rrhere to look for it. This tower is approximately 50 feet higher then the one being proposedin Chanhassen. The proposed site is relatively secLuded as it is wedged into atriangle adjacent to the railroad tracks and is bordered by naturetrees to the south and rrest. It is inpossible to provide landscaping to screen the tower but, if this proposal is approved,the City could require significant landscaping to screen the baseof the tower and the equipnent building from off site views. However, staff has a significant concern with this proposal andthis is related to the future use of the site. The draft land useplan that is currently being prepared by the Planning Conmission,envisions this site as being developed for lon density residentialuse. This site is part of a low density residential conponent thatextends from the railroad tracks up to and across Hwy. 5 around theTimbernood subdivision. We beLieve that tolrers of this sort areinconpatible with residential developnent and in fact they are notallowed in the residential districts of the current chanlrassenordinance. It is further believed that construction of this towerin this location would act to deter development of quality Ce11ular Torrer August 15, 1990 Page 4 residential neighborhoods in this area and thus would bedetrinentar to the effective inplenentation of the draft rand usepran. The data packet subnitted by the applicant is incorrect whenit states that the long tern use of thiJ land is residential andthis natter has been discussed with their representatives onseverar occasions. staff has requested that the ippticant rook atalternatives within their search area and suggeste-d- tuat there aretwo sites located vest of Lynan and Galpiri - aoulevards ttrat areproposed for industrial -uses by the draft plan. thus eii, ttreapplicant has not been able to work out an alceptable location oneither of these properties and it appears that iocating the torrerfurther to the west in chaska is inpossible due to itre serviceboundaries of existing terephone conpinies. Thus, while we have asituation hrhere the towei is tec-hnicalry in 'conpiiance wittrcurrent zoning, we believe it is inconpatibre nith what r,ili recornethe cityrs land use pran and thereford, staff is r""orr"rrJirrg tn.tthis proposal be denied. we believe that the sta;da;d ;;;aiiion"ruse perroit findings would allow the city to uphold a aeniii. thg Sall.owing constitutes a review of the proposal against thegeneral issuance standards for conditionaL usd pe-rroit= co-nGinea inthe zoning ordinance. 1. ,rwilI not be detrinental to or endanger the public healthsafety confort, convenience or general weliare of theneighborhood or city. rr . flndilrg - tfe alo lot bell€ve the torer posos a daDger topuDlic health or safaty. Ihele 1j rrnpl€ evla.ac.indicating tbat th€ torer euits extreue:.y lirr anouats ofelrer{Jy .gd yiII pose ao healtb bazalA. aatbacts provld€doD th8 site aad securJ.ty faacJ.ng should olsule tbit thereig no physical daDger. lrgruably, the general yiiCare ottbe gurrouudiag neighborhood or city rilt Ue affectBat bytbe torer since tbis sort of uae is generally regarded aaless thaD desirable laad use. Eowever, ye iote-tbat theD€arest hoEes that rill be Lnpacted are located aDertrenely long distaac€ fron the aite aad direct vl.sualinpact yill b6 niainl,zed by the desi.ga. 2. rrwill be consistent with the objectives of the cityrscomprehensive plan and this chapter. rl * FiDAilg - Ir our opial.oa, thie proposal is inconpatibleyith the araft latrat use plan curieatly belng devel'opsd byth6 ptaDnirg Conmissioa. l!h6 existiDg 1990 laDat usi pfaihaa Dot al€sl.glateat thls site fo! .py uss aave forcontLnued agrl._culturaI use thua tt irovides littl6guiAaDce to tbls natter. fe believe th-at the toser isinconpatLble yitb tbe los deaslty resideDtial us6s 3 celluIar Torrer August 15, L99O Page 5 5. 6 trwi1l be designed, constructed, operated and maintained so to be coropatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area.rr PindiDg - 8be curraDt character of tbie area la agrlcultural yith €rcroacbilg iDalustlial uses oD theyist. Mhis area ver€ to renaiD uDaleveloped ia the foreseeable future, staff voulat agroe that the gl'te I'g aa acceptable oie, hoyeve!, re do Dot beliava this to b€ tbe case. Thls staDalard eDcourages tbe city to exanl'ae the iatended chalacter of tho goDeral vlcility anal lD 3o atolDg re fild it La iacoupatlbla vitb tbe ProPosed lor deDsity rasidential uses La the alraft IaDd use Plar. envl.sl,oaed by the Plan aDal coulal ralv€rs€ly affect tbs iupleueltatioa of the PlaD ln the future. Although ug Dote that the plar has aot y6t beeD officlally adoptedl aral Eay r€11 b6 cLalgod to sons €xteDt befora it iB, ro belleve lt rould be prudletrt for the clty to err olt tbe co[servative siale aDd deny th€ leguest for this r€aaoD. I'WiII not be hazardous or disturbing to existing or planned neighboring uses. ir Fiailiag - Basedt on supportiDg data, we do Dot bellevetbis propoaal siII have aay bazardous affects coniag frouth€ radlo trangnissioas o! fron the physical toser ItseI f. nWiLl be served adequately by essential public facilities andservices, including streets, police and fire protection, drainage structures, refuse disposal, water and serrer systems and schools; or will be served adequatety by such facilities and services provided by the persons or agencies responsiblefor the establishnent of the proposed use.rl *FiBdilrg - Th. toyer riU bs uDDa[Ded except for olploy66s engag€d la periodlc Bernl.cl.lg. Thers rl11 bs !o le€al for aeu public facilltleg to Ben e the proposal. trWill not create excessive reguirements for public facilities and services and will not be detrimental, to the econornicwelfare of the conmunity. tr Filairg - ls trotad aboye, th€r6 ril1 bo Do treeal for leypublic faciliti€s ge!€ratod by this proposal. fe do lrot sxpact that lt yould bave a najor detriueDtal aff€ct orthe ecoronic velfare of the courauni ty, hovever, to th€e:teDt that it vould Dafe resldlentlal develop[ert oD * 4 * * cellular To$er August 15, 1990 Page 6 7. 9. 10. * 'rwill not resultaccess, naturaL,significance. rl aauoiDiDg property less thaD deslrable, lt could hav€ a!adlvoras Lupact. rrwill not involve uses, activities, processes, naterj,als,eguipnent and conditions of operation that will be detrinentaito any. persons, property or the generaL rrelfare because ofexcessive production of- traffic, noise, snoke, fuDes, gfare,odors, rodents, or trash. I liDalng - ![h€ proposal rill trot result la aay Lacrease Lntraffic, aoiae, BDofs, fuDss, glare, odors, todgBts ortrash arA to th€ best of our horl€dge, 'J.t rilt lotcontribute to aay bazards or televlalia iaterfereacesteuitrg fron tbe radl,o traDsuissions. rrwill have vehicular approaches to the property which do notcreate traffic congestion or interfele - with traffic orsurrounding publ ic t-horoughfares . ,r * FildiDg - Th6 site uill ba E-arrr€il by a driveray to lryna!Boulevard aDd th6 proposrl rill rot geaerate aay lacriaseiD traffic. in the_ destruction, loss or danage of solarscenic or historic features of najor * FiDaliDg - l[b6 proposal yiU Dot result ln tbedestruction, logs or at''nagle of solar access, Datural,sceaic or hl.gtoric featurei of aty naJor slgnificaDce. trwi1l be aestheticalty conpatible with the area. r * FiDdiag - fraasnlssioD toyers Dy th€l.r very a.ture havea vigual inpact over a relatively large area. fhi8Lnpact is niaioizeat by sightlng iatt could be furtberninlnized by addtitional landscapl.Dg if this proposal Lelpproved by the city. The deslga atrd hsigbt of tbe toserteDd to liult off a5.te Lnpacts. At tbL aane tl.D. itcaDtrot be dsDled that thero rlll b6 a yisual LDpact rldthat tbis yilI bo rad€ nots to lf resldeatial devilopuetrtocculs aa[ aceDt to lt. rrwill not depreciate surrounding property values.rl * Flnalitrg - IDpact of the proposal ou this atandard isdifficult to ascertaia. lt & reasoDable to thinl thatthls rill not havs a beleficial inpact on property vafuesybeD surroundlng propertias develop, but it tie s-aDe tine 11. 8. * triDaiDg - Th€ toy€! is coDslsteDt rith th€ olly strDdard provialed p€rtainiDg to setbacx raguir€neDts. In sunmary, staff is reconmending that this proposal be denied due to its inpact upon land uses anticipated in this area by the draft land use p1an. Shoutd the Planning cormission and city Council deternine that approval is warranted, we would reconmend that a condition be added that uould require a landscape screen around the base of the tower and equiprnent building. Cellular Toner August 15, 1990 Page 7 ury dev€Iopuent tbat roulal occur ia the futur€ yould ta},eplace i! the Xroyledge that tbe toser ras pres€lt. 12.rwi11 meet standards prescribed for certain uses as provided in this article. rr STAFF RECOMUENDATION staff reconmends that conditional. use Pernit #90-3 for SMSA Linited for a cellular transmission tolrer be denied for the following reason: It is found that the location of the tower on this site is inconpatible with the low density residential uses anticipatedfor this site by the draft fand use p1an. ATTACHI,TENTS 1 1. L€tter and data packet fron Dahlgren, ShardloU and Uban datedJuly 16, 1990.2. Brochue regarding Cellular TechnologY.3. copy of property olrners notified of conditional use pernit. 16 July 1990 Mr. Don Chmiel, Mayor and Chanhassen Ciry C-ouncil Members City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 RE: Proposed Cellular Telephone Facility orr the Volk property Dear Mayor Chmiel and Council Members: ThisJetter aTompanies an application for a conditional use permit to locate a cellular.telepho.ne facili:y on the Volk property adjacent to the Chicago, Milwaukee Railroad. lhe application is in thi na-me of Minneapols SUSa Limited Part!_elshjp, of which US WEST Nel,Vecror Group, Ini. is the general partner. US WEST NewVector- Group, Inc. is one of the rigional holdinlg companies formed as a result of the bieak up of AT&T. Dalhlgren, Shar&ow, and lJban, Inc. has been authorized by US 'ilEST to act as its iepresentative ior planning and zoning matters. Specifica_lly, we propose to construct a single 125 foot self-supported antenna and ^ 12' x liO' prefabricated equipment building. fie base of the towei and equipment buildins will.be enclosed by a six foot high chain-link fence. The site will be aiceisea by an asphalt drive connecting the siri to County Road 18/11?. THE CELLUI,.AR PHONE SYSTEM The primary users of cellular telephone senrice are members of the business community and the public sector. The phone becomes a useful tool leading to increased productivit"v. Doctors, builders, salespersons, business owners ind executives all benefit by.using.cellular phones. _Additionally, cellular is extensively used in the public sector principally by fire and police depanments. ce.llular allows potice and otliers to conduct discreet communication in the field. Citizens can contact 'i I li to report accidents, fres or other emergencies. The cellular phone sysrem interfaces fully with the.9li, -(=lt Page 2 emergency reporting system. Mr. James R. Beutelspacher, 911 Project Manager for Minnesoti, recently wrote, 'the unimpeded growth of cellular service is an important adjunct to 9-1-1 emergency reportingi'. His letter is attached for your information as EfiibitE. CELLUI.AR GRID SYSTEM cellular service provides subscribers with office quality ohone service-by developing a grid of antennajarranged in a geographically hexagonal pattern. Each hexagon is a ;cell'created by an anGnna and serres as the link between the customer and the svstem while the customer is wirhin that particular cell. Each cell can only handle a . - "Lituln nurnU"r of calls simultaneously. As the number of customers increase, the gr-id must be changed to handle the appropriate number of simultaneous calls- This usuall_y means that mire cells need to bd i:reited within the same area resulting in a new grid fittern of smaller cells. A new antenna must be constructed each time a new cell is treated. As the grid matures and more cells are added, antennas are made shorter because of each Lll,s smaller cover age area. Antennas are also construcled to expand the grid of coverage to the new areasl The antenna in Chanhassen is being proposed to expind cellular phlone coverage in Chanhassen and adjacent communitie' The cellular mobile phone system operares on a specific set of channels set aside by. the Federal Communications Commission (FCC,. The filtering of spurious signals is very tishtlv controlled. Cellular telephones operate within a very strictly controlled set of ufiottLd fr"qu"n.y between 835'to 897 megahertz. US WEST NewVector Groupis currently op;rating over 160 cellular antennas around the country with no case of television or radio interference reported. SEARCH AREA CRITERLq We have been working for several months to locate an antenna site in the Chanhassen area to solve cellular flhone service coverage needs. Many factors go into the selection ofa location for an antenna site. These include market factors, technical considerations, cellular grid, zoning and land use compatibility, landowne_r willin^gress to se[ land forms of the srirrounding area, and accessibi.lity to roads. All of these faclors taken together create a narrow site search area for location of the antenna. The technical aspects of fitting a new cell site into the grid pattern dictates a small search area for new antenna s'ites. The search area is further refined by topographical features and a sophisticated computer modeling that takes into account existiqg antenna sites, predicted c&erage of the nlw cell and FCC sewice area- requirements' Federal Aviation Administrari;n regulations must also be fo1owed in locating an-d constructing antennas. The search area -in Chanhassen that resulted from this type of analysis, is illustrated on Exhibit C. It is an area one'half mile diameter c€ntered over the Volk Farmstead. City of Chanhassen, 16 July 1990 City of Chanhassen, l6 July 1990 LOCAL OMNG REOUIR EMENTS TE Page 3 Once the search area has been def.ined by these technical constraintg zoning and land use factors can be addressed. We have been in contact with the City,s planning and Zoning Staffto review the appropriate locations in the area but havi found no-ne better than the proposed site that meets all of the technical criteria as well as land use, zgning 4.d comprehensive plan desigration. Telephone antennas are conditional uses in the A2 District and the City's approved comprehensive plan calls for industrial uses in this area (see Exhibit D). The cellular telepirone system does not have the power of eminent domain and wi must deal with wiliing sellers. Section 20-574 of the chanhassen Zonine ordinance allows commercial communication transmission towers to be locared in the.f2 District as a conditional use. Section 20-572 lists utiLity semices as permitted uses in the A2 ZnnngDistrict. Because of the deregulation of the telephone company and the many sepirate companies that now provide that service, there wil.l be multiple companies serving any one cirmmuniry. Th9 _r11t3_Xat]qn qnd operarion of celtular telephone facilities are regulated by the FCC and US WEST NewVector Group, Inc. must;btain permits and pro:vide seriice indiscriminately to the public. section 20'919 requires,teleqhone equipment buildings, which are allowed in aII zoning districts, to provide landscaping, a hardsurface driveiay, meet all setback, and receivi the-appropriate access permit from the County. The building must also be architecturally consistent with surrounding strirctures. All of-the above is included in our proposed cellular telephone faciliry. The antenna which is 125 feet tall will be setback from all property lines in excess of 125 feet. AN The facility will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or City. The antenna is located a safe distance_ awly ftom surrounding buildings. The dosesi building is in the Crosby Park Industrial Complex located direcdy to the south ofthe site, approximately 1,000 feet away. The closest residential building is located at the corner-ot County Iioad 18 and 117 and is 1,100 feet away from the facility. T\e l?5 foot self-supported antenna proposed on this site is one of the safest in design. As indicated in the enclosed letter from Pirod, Inc" (Exhibit F) failure of a self-supporting tower is ortremely rare in such instances as a dire4t hil from a tornado. In the rare event of failure, the pattern of failure is a Sowing over' of the upper portion of the tower against the base of the tower. The cellular facility will be consistent with the objectives of the Clt5r's comprehensive plan.. The proposed use is considered an essential service and is permitted by conditional use in the A2 District. The comprehensive plan for tiis area indicates industrial uses similar to the adjacent industiial areas oi Chaska. City of Chanhassen, 16 July 1990 page 4 The facility will be desigrred, constructed, operated and maintained so it wiII becompatible in appearance with the-existingbr intended charactcr of the generar vicinitya,'d will not change the essential charactei of that area. The essential ch-araaer ofthe area is formulated by the_railroad tracks, counry highways, ,gricuttu.J UnO and ttemany mdustrral uses across co_unty Roads 1g/117 from the site. A power suhtation is located further to the south. Heavy woods to the north, east and *irtr, r"pui"i" irr" - site from existing development. ThL tower itsef wil be ihin in profile andiocated adjacent to the stand of woods to_ be preserved on the site. Thi building is relatively small and will b.e fully.land.caped to minimize its utilitarian app""rancel With Iandscaping andthe siting of the facilry adjacent to woods, the cellular telephone facility will blend in wirh rhe backdrop of the surrounding scenery. The facility will nor be hazardous or disturbing to existing or planned neighboring uses. The neighboring.uses being industrial and agricultural wnl not Ue anurda Uy ttripr"serce of a cellular phone antenna. The cellular phone facility permits enhanced mobile communications for both th,e public and "mlrg"ncy serri".s. This type of service has been an essential ingedient in communitiles r&cting to emergen'cy situations, as well as flexibility in personal and business communications, all of whicfr is i benefit to the businesses and residential neighborhoods in a community, cellular is a low power system. The amount of enerry generated from a single cellulaiphone channel is typically about tire same as a 100 watt Light bulb. This is less en6rgr than is generated by a cordless telephone, which is in use in many homes today. There is no disturbance to televisions, radios, pacemakers or other se;sitive equipment. The mobile cellular telephone system has become an essential part ofthe public communications network. The quality and capacity of local celiular servici will be animlortant fac-tor that future residents will evaiuate in selecting where to live. The peak hours of use are during rush hour when users are on the-k way to and from work. curre.ntly cel.lular coverage is patchy along low lying highway corriiors and this facility wrtl aflevrale those.coverage problems and enhance the capacity of the system to accommodate additional numbe__rs. ofusers. In addition, tfie ric regulations dictate that US wESTNewvector Group. fill in the service areas to meet cor"ra-ge and user demands as part of their licensing requirements. The. cellular phone facility will be served adequately by str€ets, police, rrre prrtection, drainage structures, rrfuse disposal, water and sewir systems arrd schools.'The facilitvrequires street access for maintenance purposes only and will have minimal requirem-its of police and-fre.proteciion.,In fact,.the 9it emergincy facilities of the systeni (all -_ -- ?ll elr ar,e free) greatly fa.cititates the highway pairolt respo*o to ".6rg"n"L.l ne slre wrl rematn prmar y rn its natural state and not create additional runoff fromthe site. No utilities are necessary since the site is unoccupied and will not create a demand for additional educationil facilties in the school iystem. obviously the iacilitywill pay its fair share of taxes to supporr those facilities. the facility will not crcate excessive requiren0ents for public facitities or servlces andwill not be detrimental to the economic welfare otthe communit5r. In fact, thefacility will provide a needed service and help chanhassen .ttraci n"*, re"idents and businesses who enjoy enhanced communication services. Cit-v of Chanhassen, l6 July 1990 Page 5 Thefacllity do€s not create excessive trallig noise, fumes, glare, odors, rodents ortrash' The operation of the antenna ,na aajoi"in! L-Jiit'"i *iu not be an occuoieduse, therefore, therewill be no measurabl" ii,,pu"6 "" ilJ;;ifi;:'ip;1fr:;;?witt be provided immediaterv adja"rr r" ih;;i;;;;";;il;ilding for maintenancepersonnel. Maintenance neisonner are "*p..,,i1 i'o ,irii t"trl racitity on an average ofonce. or rwice a week. No trash i, ,tor"i o'r,-m. .it"" "ii "u'"quip.ent is inside thespe.cially desigred equipment buitoirg. r"i"iJ iirlrti"l,?, r.,rtHlffi [*Hi:ljijj*#.,a?,#iilnx:,iT,TH:i::,[s};:#tx,.^ ffi [:",9":Htl',f il,]Eir;1:,]fr::"[.:ffi ]]:F.#tlxm#"#[*;access point is approximately intersection of Counw Road 1l? a.nd c.r"ry iigr,*"y-ri. 1h.." is less traffic createdby the facility than a singre family home andthe.t *ili # no problems of congesrion. There will not be a destruction or loss or damage of sol,ar access, natural, scenic or [1'i:,""",'r'?$ffi #ltfr:l[T$,ffi 'l;:,il*'.'JTill"rilrtn"-"i.iJr;;;;i'* The.facility will be aestheticaly compatibre with the area. The site itserfwil'l be landscaped and maintained h';;;;;il;;. -ir,f *r"nnu tower will appear nodifferenr rhan itructures co-mony founJ in;;'ir;;J;;;.ea to rhe south or onagricultural properties with wind-generated_ equipm;;. -Th; rower w r have no movinsparts and because of its location d-irectry a ja"'.ri i" ,t " ri"ra "r*..a.,'*" r"ir ii"'"'"overall effect is an aesthetically pteasin! toJuer in.;rX;il. " The pmposed facility r*ill nof delrcciate surrounding property values. The exisrence ofcellular telephone antennas has been shown not to nJg'atiu'eiv affect propeffy varues evenin residential areas. A coov of".t"tt"r uy i.i.i'l*ii8frii,""i, appraiser, is attachedas Exhibit G and containihis opinion thiiceirur"r pl"".irL*as do not depreciatesurrounding properry values. Ir,Ir. patchin ,tuai"J Ini"nrr, ; both industrial andresidential settings. To the best ofour knowledse. the proposed facitity meets all standards provided for byttr.e pjtr. In addition, the #;ifics;iih;i"-";;;'.;;;;iin"n, pr"n provides foradditional beautificaiion of the .ite- ril" f"r-imil-". i"riffii"g ,equirements have beenmet by the retention and preservation by ihe;ient;;;ft Jr r."l* r"ii ."it . .it". -" Additionar erergreen- tre& *iu ue ptantla aio;ft-,h";'.;;..ad and facility to providea year round sense of enclosure. I1l:81",: gfY.one vehicle par$s ttlll, the western side of the parking area wilroe screened wrth shrub plantings.. There is additional landscaping piopo."? long tt "l*:.^lf:9 "*d-l_TqJh.".,et-of-way of county no"J iiii"-'urE'x ui rr,",i"*-.?-rne racrury. r he remarnins site-will be pranted wirh grass and wildflowlr specie,sloioverall beaurification. Muih of the are'a ;ix t i"i; i;;; ;atirrat stat". Thelandscape planting.will be installed .rt". *rpr"iion oful'J"irtrr"tion activity. Thelandscape installation will inc.lude " on" y*, gu"irn*; ";;;';;i;;;il;Jr]#'"including watering to ensure prope. gro*th iritf," fir.i y"".. - City of Chanhassen, l6 July 1990 C. John Uban, ASLA Vice President Enclosures: Page 6 I hope your questions about cellular telephone facilities have been answered. I will be happy to furnish any additional information you may request. Sincerely, DAHI.GREN, S}IARDLOW, AND UBAN, INC. Check for Application Fee in the Amount of $150.00 Site Plan l-andscape Plan Exhibit A - Aerial Photo of Proposed Site Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit B - Surrounding Property Map C - Search Area Map D - Land Use anC Zoning MaP E - Letter from James R. Beutelspacher, 911 Project Manager F - Letter from Pirod, Inc. G - I-etter from Peter J. Patchin, Appraiser UrW I US WEST Cellular us wEsr cellular is a division of US wESr N"'Yv11t:"f#l*3 ii}iti?ft'y;*' Inc., one of the seven regonal companies created by the dl' us wESr Newvecto-r Group offers a full range "J'"*':-ffii:ll'#ip: il*iflf ::il$:l ;h-";;;t,;,nt ,s weu as a iomprehensive line of commun' iperatois. us wEsr N'*v":i#';;;;pi' rLi"i"a ." *:'.10":.:'3;1il:?if1,,";;:'f;lT'::i dgl*m*::ln'xii:'3.:i5li.?"tr'i"I.lo:',i,[i]dii;ut#$:'i'"il*'l,is";'l;'""ffi"il; h;;'d;,,ir"" fot us wesf NewVector Group t llS WEST NewVector I4-Stak Marlcet Arca t, t The current cellular telephone technologt was developedtvffl#Tttg::?': i:t""i:jJi [*:i"':f tT,'-Tl,.Jm,r;::L:11#"3JiJ'#;:*" US UEST NewVector GrouP US WEST PagingUS \\'EST Cellular - -> t Introduction to Cellular Technologr Ih rhe nast. mobile telephones were only available lo 1',P-'i"i1tn"d few who were willing to il,r"rr,.'ir'l; considerabli ri*iii'L"' J? i''t"m th"t '%:r:[l *;i%::'ffi:,ili"9fi *****i5dEg;f,i$l?gl;gr.ffi *s'-J*:*,'-:'r'"** sicnals u'ere strong enough tc- ,o,rurntional SYstent CelfuW SSstem The cellular system consists of a cellular phone that both transmits and receives radio signals. From the mobile phone, calls are sent ao a central computer caUed the Mobile Telephone Switching Office (MTSO). The MTSO connects the cellular phone transmission with the local telephone company system which completes the call. From Cell To Centml Computer To Local MTSO) TelePhone ComPanY Call Arwhere in the WorA As a caller drives from one cell to another, the call is automatically handed off to another cell bv computer. The cells are also overlapped to insure calirbg success even during the busiest hours and da1,s of the monrh. The sysidm is engineered to provide exce_llent signal strengh and clarity. In addition, all NewVectoi cellular service sJstems.are compatible with each other, so when ; caller travels into another city, the system still works. MTSO MTSOMTSO --.rlr- As you drive from one cell to anotlrcr, the comPuter automatically hands off your call to a new cell Relationship lYith Neighboring Systems All cellular systems are cornpatible, so when you travel to another city which lus cellular service, your 'cellular telephoie still works. This is called roaming. As celhrlar mobile systems expand ihroughout the n;tion, many major highway corridors bet*,een cities will be covered with additional cells. t" ti Cell Site Selection Cellular telephone service is expanded in a given area to provide better service to cellular customers. This can be done in tw-o ways: extending the coverage to new areas or increasin-e the capacitv of the system w.ithin the current servicE area. The decision to expand the system depends on a number of factors. First, the number of current customers s'ithin the area and the. capaciry of the current system are anallzed to identifl,the nee.d Io expand.-second, the qr.raliry of service u,ithin the irea is constanily being evaluated, both electronicalll' at the switchi!-e -eguipmenr, u'here every call is monitored and-any senice failures are recorded, and throu_gh feid6ack from cusromers. once the decision has been made lo expand or improve service, the engineers at US wEST Neu'Vector prepare a preliminary desigri analysis. The ropography and tJrrain fearures u,irhin the sen'ice area are entered into a computer, along with i sEriis of variables, such as antennaheicht, available frequencies, and equipment chaiacteristics. From this information the en-gineers determine a search ai91 tor the optimum location and height of the anrenna ro maximize sen'ice u'ithin the cell. \['hen this rechnical analysis is complEte, a search area mapand other requirements are provided to the real estate and site sele6tion consultants. With this information, lhe real estate ac.quisition consulrant applies various criteria to identi!and rank potential sites. The following ii a summary of these iell site selection criteria: . cGSA.cellular Geographical Sen'ice Area. The boundaries of the entire system aredeterminedby the-Federal communications commission (FCC). cell sires musr be iocared sothat radio signals from the system stay within the boundaiies oi the CGSA. The cellular Grid. wirhin the GGSA, individual cell sites are placed on a hexagonalgrid pattern This-pattern provides coverage for the largest area witli the fewest sites-and, therefore, fewer land use impacts. This pattern also lacilitates future "cell splitting', or"sectorizalion'. . Topography, Land Forms and Other Constraints. The computer analysis conducted by th.e engineers takes into. consideration the hills and valleys *,.ithin the serviie area. BasimUj,, a line of sight relationship is-needed between the antenna and the cellular telephone lo insureqlality service. There are often land features within a search area that fimit ihe options for site locations. Features such as bodies ofwater, swamps and steep slopes may prove ihpossible to build upon, and since cel.l sites must be periodicall:y maintaini:d, they musf Ue acceisible to technicians year-round- Therefore, we need to find siies near the centei of the search area, ar the. optimum elevalion, and accessible by exi$ing roadways. Sites wilh existing or proposed high-rise buildings nearby musr also be avbided because of ihe potential for 'shaiowirig" ;ithin the service area- Since all of the cell sites work together (calls are automatically handed off from one cell to another as the driver travels between coverage areas), one antenna may not be lowered or raised-without affecting the performance of that cell ind adjacent cells. The combination of these factors results in the identification of well-defined 'preferred locations'within the search area, I lr , FA+ 4d Existing Radio conflicts. In addition to the engineering conslrainrs noredabove, the site locarion must nor interfere with either Fediril Avia'iion eoirlnir,ruti*-rFia;requirements, or existing radio_rransmi'ers operating ai-ir[r,-ri"qr;r"i;-i;X;;;i;;"",protect air space zones and fl.ight paths surrounding u'i.porir--Jrn';l;;;;J.iji?jr-ni. "rau anrennas are revrewed to insure that they do not violate these safety zones. AJso] whencertain AM and FM radio broadcast towers aie tocat.a in cior. proximityio cellular aniennr.,it can degrade the perf.ormance of rhe signar br;;ff;i;;*iiJ"."c"-r1-Joi,J",ii.",r,. pracemenr ot a ceu site in close proximity to AM or FM towers must be thoroughiy anailzea. Tnning and Land use compatibility. whenever feasible US wEST Ne*,vecror srrives :: i:3y.1._ f],?p_.Ity that is properly zo1.d3.nd adjacent to co-paiiUte Unj ur"r. Sit", "01r."n,19 :.I*.g tall power lines, micro*'ave facifities, antenna farms, water treatment facilitie's, andsrm ar uses are selecred when they meet the other technical requirements ofthe svsrem. fhencircumstances resulr in compatibirity. concerns, a concerted "ff";r i. ;;il;-tii" j3ffi p-..*to screen facilities and otherwise mitigare these problems. , Propero Avaif}itity' -Due.to aI of rhe engineering and design consrrainrs describedaDove' It ls olten dtlllcull to llnd sites that meet aU of the requiremenls. Ir is often impossibleto find vacant land or building space for sale or.lease. In most cases, more than onL sire isevaluated prlor to selecting the most favorable location. Eleting To$.r U irhin Scarch Area Ou6id. Search Area ElrtinE ToBcr Ours,de S€ar.h Arca within S.arch Area *-\ The fol.lon'ing hlporthet.ical illustration summarizes some of the s.ite selection constraints. The American National Standards lnstitute (ANSI) has establshed a standard for safe ex- posure levels to RF energr. That standard is compared below to other household sources and a qpical cellular phone antenna. Cellular antennas transmit relatively short distances and operate at very low power levels. As the hypot- hetical illustraiion s-uggests, the amount o?en- erg, from a single cellular phone channel is t1'pically abour the same as a 100-watt lighr bulb. While- there may be between eight a-nd fifty channels operaring from one cell Jire, the channels rarely al.l transmit at the same time and each operates at a different frequency. C€llul.r PhoDGs \ (.' Conrparison ol RF Energ', Cellular Antennas vs. ANSI Standard & Household Sources C i a ,a ,\ Cellular Cellular Does Not Interfere With Other Thansmissions To maxim-ize the capacity of the system, cellular antennas rransmit at very tow power. T\is alows the same frequencies to be used simuJtaneously in non-adjacent cells. US wEsr NewVeoor Group operates hundreds of cell sites in fourteen states and has never experienced any interferenci problems with other transmissions. Radio frequencies are a sort of precious na. tional resource for which there is a tremendous and growing demand. The Federat Communi- cations Commission (FCC) regulares the use of radio frequencies throughour the United States. The graphs illustrare the broad range of frequencies and the narrow segment of this spectrum lhat constitutes radio and television frequencies and those allotted to cellular phone transmissions. G . VbL Vil,LarF x Lrr rg',*-.0 *.* [., tol9 mtl tot! roll -tollEIICTNOM GITET'C SPECTRUM --,/lular PhonesUllF TvcD.nftk7-r! FM tldio Tt,Ctl.eL:{ rd rd 1 IIu l0 Public Safety Questions In recent years there has been concern over possible health effects from radjo frequency (RF) enerry. This energr is around us every day, coming from commercial radio and TV, radar, amateur radios, and other sources. The frequencies used 5y the cellular phone network are the same ones assigned previously to certain UHF TV channels, ind so have beln in the airr*,aves for many years. I ': {} The power lrom a single cellular channel is about the same as an ordinary Agfu bulb. Some antennas in the celtular phone netu,ork are microwave relay antennas that transmit and re€eive telephone messages from cel.lular sites to the wireline telephone network. The signal between these antennas is in a direaed be'am, so the dispersion of RF energr outside this narrow beam _is insignificant. Even directly beneath a cellular antenna, the exposure ii about half that of an ordinary cordleis phone, or less than one perc€nt of th; ANSI standard. Cellular GIossary Cell Site. An installation containing the transmitters, receivers and control equip- ment necessary to connect the cellular phone system and the conventional wireline telephone network. Cellular Geographical Service Area(CGSA). A specific geographic area, u'ithin which a cellular system serves cus- tomers. Mobi.le customers are expected to subscribe to cellular service within a given CGSA. Digital Radio Link A radio signal used to connect telephone circuits from a cell site to the central switching equipment (the Mrso). Mobile Telephone Switching Office (MTSO) Also known as the MTX or "Suitch'. The interface betr*,een the cell sites and the conventional w.ireline tele- phone net*,ork. It serves as the central co- ordinator and controller, as well as housing the switching equipment for a cellular rele- phone system. Radio Common Carrier (RCC). Firms licensed by the Federal Communications Commission (FCC) to provide a variety of radio senvices to the pub[c, including dis- patch and paging services. Many RCC's now own cellular ficenses. US WEST NewVector is an RCC licensed by the FCC. Roaming, The ability to operate a cellular mobile telephone in a mobile seryice area other than the one from which service is subscribed - for example, being able to use your cellular phone in Minneapolis, even though you subscribed originally in Seattle. Electmnic Switching System. A computer that automatically routes c:lls within the cel- lular system, located at a central site. Hand-OIf. The automatic switching ol a sigaal from one cell to another, which occurs within a fraction of a second. Seclorization. Anengineeringrefinement of a cell's transmission-antennas, which im- proves call quality by reducing cross- talk/interference. This is done by-spl.iuing the coverage of the cell site into tlirei equa-i sectors, by means of directional antennas. ll'iretine Telephone Network The con- ventional local telephone network which transmits calls over wires rather than radio waves. The FCC has ruled that wireline companies or thet affiliates may apply for cellular licenses in those areas where they currently provide wireline service. Cell. A small geographic area semed by a low-powered transmitter, 2 to 10 miles in radius. Cell Splitting. The division ofa larger cell into several smal.ler cells to provide more channels within the same geographical area, and therefore provide better service. tIl I I I , ) I I I I l l PID 2 lndustrial \., -€ T E E b A2 *L I I lnduslrlal Propolad C.llrrlst PhonoAnl.ma Sll. /I toP ) C; I I Land Use & Zoning Curr.nl .. ol July ttgo PID 3 , Erhibil D tiroFtH I I lndustrlal PID I ) t_ /") C; I t \ b r- -- C l, b o t_l / Exhib C TONIH Search Area tltltllllllllllllll I I I I .fi 8"/ /'- -' ( I I I I I l lt 1 -I -..- -_ \,/'- , \. 4iERLE D VOL( !, i,. , es ,\ ( t \ n \/. \ !'-+ts-->o'..l\,u\\t\ I t t lE t-:': t vd.' l\ :i i r,_qa -1+L- -lF*t - (J qp'-q I I I IIt\ I )')l.. I.', A it\, \ --ei---ei t\ 9u '%). E : 'r ,f. !. 1':. 'o' - /.- -,,< , t I I I I t \> (otoo ao -.. \ 1 \I\ % "9, :. Irl'.t ,t -\ I t ) Q(\ I r--6U' '. -j. "c*))E \cllASIA\ I \ o rlc ro Surroundlng Property $ I r- I -.t'*+\ C\ eAc t \NOFrx I I I t / Exhiblt B I I I I I I t I ! i I i I I I I I I I i 1 ( I I o I I I I I I I I ) <€. I I \ \ \ \ \ .,,-.-t-: I 'l(r - t:'*'i! -;ii '';r\ V; t it -*€*.r +.;l-Etl*8\,l!. -t .: l, a 1 I ..i' ' E'..'. .t- .': t: t't, ue ,.$ c rt ,ao Aerlal Photo 1$ '...*l: :f l.?n- i-\' '1 :.i,:.. t .a. t 'Fr \.,, I XOFTH Exhibit A / } .: . ,\,,., . '.rffi*q:r :,!.. r.i -. .' *:+ r',,1+, I Department of AdminisEation lnterTechnologics Croup November 1, 1989 Mr. Ron Sanders Regional General Manager U.S. West Cellular Opus Gateway, Suite 410 9800 Brenn Road East Minnetonka, Minnesota 55343 Dear Mr. Sanders: I am writing to thank you for your continued cooperation in providing the best possible 9-1-1 service to your subscribers and to express my support for further cellular growth. As you know, the public safety community began receiving 9-1-1 emergency calls from cellular users lrom the start ol cellular service. Th€ 9-1-1 system improves the level of public salety service to the community by allowing taster and oasier emergency reporting. Cellular service enhances that capability by allowing 9-1-1 calls fr)m the scene, regardless of landline telephone availability. lt provides the opportunity for on-the-spot emergency reporting. Your etfort to help route cellular $1-1 calls to the proper public safety answering point and advise your subscribers about 9-1-1 availability has been a significant hep to public safety. ln 1986, the Golden Valley State Patrol dispalch center answered about 300 c€llular 9-l-1 calls per monlh. This year, well over 2,000 calls a month are rosponded to. That increase indicales both your success in selling cellutar telephon€s, and your help in educating your subsoibers about 9'1-1. Many of those 9-l-1 calls reported smorgencies located away from convenlional telephones, so cellular saved preoous time. The mobility of cellular seMcs complements the universality ol the 9-1'1 system to provide a real benefit to the community. It has been a pleasure wo.king with you to bdng the bensfits of 9-1-t and cellular service to the communities oi Minnesota. Minnesota is proud of our accomplishment o, $atewide 9-1-1. Your efforts at eventual statewid€ cellular service is appreciated anri encouraged. The unimpeded growth of cellular service is an important adiunct to 9-1-1 emergency repoding. We look forward to further icint ellods to provide this seMce to more Minnesotans. Sincerely, Beute tate 9-1-1 Projec{ Manager Business Technologies Division mf c,c:John Shardlow DSU lncorporated Minneapolis, Minnosota t, - ldlc.na.nrl Orfe B{ild'n. 6sa C..rii Se.r st h'1. yiEdr allrs 16121296-CA!D Exhibit E Pirum l[G.OcI I 6 tg?c P.O. BOX 128 PLYMOUTH, INDIANA 46563.01 28 (219) 936.4221 FAX (219) 936-6796 October 10, 1989 Mr. John Shardlow DAHLGREN, SHARDLOI{ AND UBAN' INC. 300 first Avenue North Suite 210 Minneapolis, MN 5540I RE: Guyed Tover for U'S Cel1u1ar, Indianola Job A- l0 724 4 The purpose structure is failure would tower like a of the tower. Sincerely, tlyron C. NobLe ' P.E President I..le s t Tower Dear Mr. Shardlow: Thank you for your inquiry relating to touer design practlces and predicted tYPe of failure ' Thenationaldesigncode(ElAStandardRs-222-D)requiresthat ;;; i"".o, ot saflty of g"y 'ires be greater than the factor of safety tn the tower "a,t.lftu'" itself' For towers 700t or less' ii" ,i.,r-ru, factor of safety on wires is 2'0' shll-e the EinimuB factor of safety on touer nenbers is I'25' For toi'ers over 1200' tall, these values are 2'5 and 1'66 resPectively' For i"igrt. " -*i"i"""i - - zoo' and I200" the values are calculated bv linear inte rPola t ion. of this di.sParity is to insure that failure of the-;r;;i..;, L"fotl failu.e of the wires' structural Ii"."itr" be Predicted to result 1n collaPse of the ;;";;;;;.t;" rule" in the Setrerar area of the base The foregoing is r^'ith sPecific referenc,e to toeer failures i"i"""a f,y .iar"r" weathe; conditions' Houever' touer failure can also result fron human misadventure or vandalism' Therefore' ;:";i; - i"tt"L"g is advisable to Protect against accldenl or vandalisn. Should you have any questions' please do not hesitate to contact us. HCN: lah Exhibit F Peter J Patchin & Associates, Inc. Valuatron Consultanl s (612)435-5999 April, 19, 1988 u.s. ilest New vector Group, Inc. 3350 151st -Venue S.E. 1) n D-., ?'rrO Eeiievue, wA 98008 RE H.E. King: I,ITN - B, 81credir River Tounship Scott county, Hinnesota Gentleren: At your request I have investigated the pctential market value i:r,pict of €tre proposed ce1lu1ar cormunication tcwer whiclr is to be lolated on the Minneapolis Gun club site on JuCicial Road. The proposed tower is to be 350 ft. ta1I, -single pol'e, with. guy wire- suipof-. The specific purPose of r-his stud? ras to estimate tle raari-et value iupict, of tlre ProPosed tower, upcn p=operties in the surrounding ne j.ghborhood. The surrounding neighborhood is of a predoninantlY nrral character witfr scatte=ed - singie fanily dwelllngs and s1aLl fa::ms located on large acreage lots. The presenE Scott county zoning is A-2 Agricul.tural Pi:tI.I::' This zoniirg is intended for Lurrent use as agricul tural , but.t'ith a gi;diilf-irinsiii"n to single fa.ily residential. T11e uininun 1ot size under this zoning is 10 acres. Exhibit G l{30O Nrcoliet Court- Suite 240. Burnsville. Minnesota -i5337 The investigationof sites with the LIef e : as to Darket value inpact included the inspect:'on sarDe tl4)e of tower as is proposed. Those sites 1929 Eagle Creek B1vd., ShakoPee, .llinnesotaiiglrt lia,r=trial area between canterbury Douns "nd th" Haver Addition, a single fauily residential area overlooking touer site' l-4950 ChipPendale Avenue, RoseEount, Minnesota Located nixt to City of Rosemount sater tower in a predominantly residential area' A review of Barket data in these neighborhoods revealed no measureable value iBPacts ' contacts with well info:oed real estate brokers 3nd assessors faniliar lrith these 'n-igfrlortroods revealed no vaLue inpact ' Further, I revierred appraisals -I ha-ve Dade of.proPerties lyino in "r"="-pio"i.ity to toirlrs and found no value irnpact ' Mv ccnclusion is that given the subject 1ocat5'on ' there should be ;'" il;;;i"-".i"" iipact upon neighborhood properties' PEEER J. PATCIIIN & ASSOCIATES SlncerelY, ?tt* { Pot'; 4w( 3i!3lul;.'"tchin' uAr' cRE' AsA Enc: ApPraisal Qualifications of Peter J' Patchin 12555 Dakota Ave. So. Industrial area uith i-rnediately to south. Savage, Uinnesota single faDiJ-y bluff toP houes, Peter J. Patchin & Associates- lnc. CERTIFI CATION (Rea1 Estate) I certj-fy that, to the best of my knolrledge and belief: The statements of fact contained in this report are true and correct. 2.The reported analyses, opinions, and conclusions are linited only by the reported assumptions and liroiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. 1 5 7 8 3 4 I have no present or prospective interest in the property that is the subj ect of this report, and I have no personal. interest or bias nith respect to the parties involved. l,ty coEpensation is not contingent on an action or eventresulting froE the analyses, opinions, or conclusions in, the use of, this report. or l,ty analyses , opini.ons, and conclusions were devel,oped, andthis report has been prepared, in conforuity with the requj.rernents of the code of Professional Ethics and the S'andards of Professional Practice of the Ar"::rican lnstituteof Real Estate Appraisers. The use of this report is subj ect to the requirements of the American Institute of Real Estate Appraisers relating to review by its duly authorized representatives. The American Institute of Real Estate Appraisers conducts a voluntary progran of continuing education for its desiqnatec neubers. MAIrs and RMrs uho Deet ttte ninimum standards ofthis progran are awarded periodic educatlonal certification.l,lr. Patchin is certified under this program through septeEber 15, 1990. I have made a personal inspection of the Property that is the subj ect of this report. other appralsers, signing this report, who nade a personal inspection of the proPerty stere as follows: none. No one provided significant professi.onal assistance to the persons signing this report, except as noted herein-9 Pfu"Wd s ature Date 6. Prt.t J. P$chia & At ocirttt, Inc. QUALIFICATTONS OF PETER J. PATCHIN, AS APPRAISER BUSINESS EXPERIENCE -cargillJnc., Production Trainee, 1956-57 'u.si eriy corps of Engineers, Topoqraphic apping, ]-957-59 ' General l,ti.f f s , Inc. , Staf f Engineer, 1959-61 ';;Iahi; eppiais"rs, rnc.' staif appraiser, 1961-55' vice President' 19 55-81.peter J. Patchln & Associates, Inc., President, ltarch, t98l' to present' EAR LY HISTORY Born in lrtinneapol is, Minnesota tion in Edj,na, Minnesota Public in 1934. Elementary and secondary educa- schools . and 7, all one to EDU TIONAL WORK Kansas State UniversitY, B .s. Degree, vith honors ' 1955. williaD Mltchell college of Law, ]-977-78 ainuA courses rA-1, 1A:2, 1B-I, 1B-2, 1B-3, 2-!, 2-2, 2-3,-pissea during 1980, Litigation course. in 1985' original AIREA course work passed 1964 through 1968' &;;;aiy ittends tlro to thiee appraisal seuinars per year' three days duration each. PROFESS roNAL AlEIL:Ir.loNs tterober, Anerican Institute of Rea Senior l{eDber, ADerican societY o Real ProPerty & Business EnterP 1EfAris state Appraisers (uAI) ppraisers e- - Intangible ProPerty Designa- Pctcr J. Pstchi[ & At oci.t a, I!c. tions (AsA)It.rl"i, iro"ti..., society of-Real Estate counselors (CRE) Affiliate uenber, ii"""ip"iii Board of Realtors i"iiiii"A Susiness- elprais"r (CBA) - Instltute of Business ApPraisers 1979 Licensed Real Estate Appraiser - state of Nebraska PROFESSIONAL PUBLICATIONSffiapitalization Rate5i! - Valuation, Novenber, 1971, Pages 88 - 95.rrOepieciali6n [ethods and t{arket ExPeriencert - T'he ADDraisaI Journal ,-October, 1980, Pages 503 - 510 xcrain Elevators, ifti"" Apptoaches Eo Va1uef, - Ttre ADDraisaI Journal , - Ju1Y, 1983, Pages 392 - 400 ,Conmoir' Sense-About Cash Equivalencyrr - ftre ADDraiEaI Journal, Ju1Y, 1985, Pages 340 - 346 ,,Vatuation of'Conianinated Propertiesf, - lfhe Appraisal Journal, January, 1988, Pages 7 - L6 COURT EXPERTENCE-nftiiGii:G-istrict courts in uinnesota, lrlichigan, llontana, and Nert York QualifiedinU.s.Taxcourt,StateofMinnesotaTaxcourt,Federalcourt,-Dlstrict of Wisconsin OUALIFICATIONS OF PETER J. PATCHIN (Continued) APPRAISAL EXPERIENCE Specializing in the appraisal of industriaL, coEmercial and special, purpose properties, prinarily to estinate market value on Iand, buildings, uachinery and equipnent and intangible assets. ApPraisal experience on various tlT)es of properties include the folloving: developnent 1ands, park lands, industrial river channel lands, utility easeDents, office buildings, warehouses, factory lofts, shopping centers, hotels, restaurants, serlrice stations, apartDent buildings,grain elevators, flour and feed nills, breveries, DaIt plants, food canneries, bakeries, dairies, bottling plants, school,s, churches,hospitals, Dachine too1s, graphic arts plants, iron foundries. Intangible asset experience includes leasehold interests, patents, traderarks, copyrights, uailing llsts, goodtrill, as veII as the valua-tion of the entire business enterprise. APPRAISAL CLTENTS INCLUDE Louisana Highvay Cotln j,ssion ltedtronics, Inc. Metropolltan Alrports Coomissic.- Hinneapolis coDDunity DevelopEent Agency l,linnesota Department of Transportatlon uinnesota Housing Finance Agency uennel Ul1ling CoEpany North Dakota state Tax Cororoission Northern states Porrer conpany PlUEbury coDpany Ralston Purina coEpany soo Line Railroad 3!l cor?orationU.S. Internal Revenue service Universlty of Uinnesota *The American Institute of Real Estate Appraisers conducts a voluntary progra[ of continuing education for its desJ.gmated DeDbers. ]daI's and iUti who meet the uininun Etandards of this progran are awarded periodic educational certification. I an certlfied under this program through SepteEber ]5, 1990. P.t ! J. Pstchir & lloci.t .,I[c. Aetna Life & casuaLty co. Bay state Milling co. Burllngrton Nor rhern, fnc.cargill, Inc.Certain-teed, corp.control Data corporation Fartoland Industries, Inc. Garnac Grain co. ceneral l,Iil1s , Inc.International l,lultifoods, Inc.. Jefferson conpany K ltart Corporation Krause - Anderson Companies ) I ) a a -, - O(: C chaska Investment flmited PartnelshiP CFD Challes w. Watson 2870 Wheeler street North Rosevllle, UN 55113 Iake Eazeltine Dr. L:[m Part c/o Robert P. xult 16600 west Gletdale Drive New Berlin, wI 53151 Earl J anil Delores ltolasek 8610 Galpin Boul€lvaral \ chanhassen, uN 55317 tlerle anal Jane volk 135 lrlound Avenue Tonka Bay, l.tN 55331 Pleferred Products, IDc. Corporate Tax DelErlDent P.O. Box 990 ltlnne.polr.s, llll 55440 C(: C,.o(:_a'o ('- (l I l I - -geg+.").-.-t I r-o-^+il-.-^,n?/ O(l aO('C.Ol:-aO(' =atl1ts'-..'-'lr O (* g- 'i -'iitra€:-..:{, o (8..-' ' .- fi ii ca -- ' ."r -J oalE t .J t ( ,1 ( I [].'t t I ) I ) I I ) R. Hartung/W. Otto 400 S. oak Street - Waconia, l,lN 55387 - Ir{lchale & tl. creer P.O. Box 5362 lll.nnetonka, t{N 55343 - I.l. Foster/X. olsson 13982 Uount Teuace llinnetonka, ttlN 55345 JaDes & L. Leirdahl 13050 Dahlla Cir. *116 Eden Prairie, UN 55344 Alan & K. Hebing 6290 Palnters Circle Uound, tlN 55364 Gestach & Paulson ConEt. 414 Chestnut Street Clraska, ItlN 55318 Debbie fverslie 2040 Oakuood Ridge Chanhassen, I.IN 55317 uarin Hahn 3528 fdaho Avenue Neu Hope, l{N 55427 stanley & c. Rud 203O Renaissance chanhassen, t{N 55317 eurtis t ir. Beuning 12055 a16t Ave. !f.llinneapolla, t{N 55411 Rlchard & E. Lraon 8141 Pl.nevood C1rcl.e ChanhaEaen, U}{ 55317 J. Soderllndye. ttuEayAPt. lu2N 11011 Anderaon llkeB Pkrry. Eden Prairie, l!t{ 55344 Gregor? t iI. Soronaon 11188 Westrlnd Drive Eden Fralrle, ltN 5534{ Todd & S. Paetznick 2320 Tlnberyood Dr. Chanhassen, UN 5531? Sunil t A. Chojar 7480 longvien Drive Chanha8sen, UN 55312 u. Sand/D. Theis 5827 Chari6 Court Eden Prairle, lrlN 55346 JaEes & D. Castleberry 2051 Oakrood Ridge ChanhaBsen, titN 55317 David & c. Uccollun 2050 RenalBEance Court Chanhaa8en, t{}{ 5531? Robert & R. Lauson 5729 Zenith Ave. S.l{inneapolis, t{N 55{10 Andrew t S. Richardson 8120 Plnesood Clrcle ChanhaBEen, IrlN 55312 lftlltal & l. ttiller 8121 Pineuood Clrcle ChaDhas3en, llll 55317 CralE & Irl. Earrl.ngrton 81{O }lapleuood ferrace Chanlraaaen, !,t}1 55317 irohn & L. 'lttronander 12121 }leador Iane n. lll.nnetonka, UN 55343 Bl.air & S. Bury - 15959 fonkauood Dr. So.ltinnetonka, MN 55345 ar. Dockendorf/C. Connors 13703 85th Ave. N.- t aple crove, llN 553G9 - Steve & ;I. Hackbarth 1a70 Scenic VieU Chaska, MN 55318 JaneB I B. Roeder - 8101 Pinenood Clrcle Chanha8sen, lrN 55317 Gregory/B. Vander:-vorate 81'01 l,lapleuood Terrace - Chanhasaenl llN 5531? Russell t E. Chance 15561 N. Ilillcrest Court _ Eden Prairie, !It{ 55344 llark I N. Bielskl- 8140 Pineuood Clrcle Chanhassen, UN 55317 B. foley/J. l{erner 2061 Tinbenood Drive Chanhassen, llN 55317 Brian & L. Klingelhutz 2031 EiDberuood Drive Chanhassen, IIIN 55317 l{arlin D. Ednards 8950 Audubon Road Cbanhassen, UN 55317 Dean Feltuann 82{1 Ga1pin B1vd. Cbanhassen, UN 55317 6era1d & L. custafEon 83i[1 ca]pin BLvd. Charihassen, IIN 55317 Robert & N. Krocak 22LB A 22nd Ave. S. Uinneapolis, IilN 55404 l{ichael & J. Cochrane 1751 Sun Ridge Court Chanhassen, MN 55317 Gerald & N. Alvey 1831 Sun Ridge Court Chanhassen, l,l}{ 55317 Howard & L. ,ohnson 8250 Galpin B1vd. Chanhassen, UN 55317 E. JeroDe Carlaon 8280 calpin Blvd. Chanhassen, lilN 55317 Thonas & U. Sch&ltz 8190 Galpin Blvd. Chanhassen, DIN 55317 Dave & K. Uaenke 2041 Tiubersood Drive Chanhassen, DIN 55312 Donald & U. White 8850 Audubon Road Chanhassen, IIN 5531? ltichael B. Nevilte 5751 fhonas Circle Uinneapoll,s, l{N 55410 Patrick t tr. llinger 8221 Ca1pLn Blvd. Chanhaeeen, !{N 55317 Lrfrencc & F. Raaer 8210 Galpin B1vd. Chanlraa3en, l{N 55317 Audubon I Ltd. Ptnshp.c/o Jon Blanchar 7900 Flrst Ave. S. BlooDington, UN 55420 Dale & l!. Wanninger 8170 calpin Blvd. ChaDhassen, UN 5531? Chan Iand 200 West Hwy. 13BumEville, l{N 55337 Roger t c. Schaidlt 8301 calpin B1vd. Chanhassen, MN 55317 CITY OF EHINH.lSSEN STAFF REPORT PC DATE: CC DATE: CASE #: By: 8/L5/eo e/Lo/eo 90-12 SUB Al-Jaff/v Fz () =(LL ls lrJ E U) Prelininary Plat to subdivide 1O3,OOO Square Feet into Two Lots of 50,000 Square Feet and 33,150 Square Feet PROPOSAL: 1010 Pleasant View RoadI,OCATTON: APPLICANT:Fortier and Associates 5009 wayzata Blvd., suite 106St. Louis Park, l,{N 55416 PRESENT ZONING: ACREAGE: DENSITY: ALTACENT ZONING AND I,AND USE: WATER AND SEWER: PHYSICAL CIARACTER. : 2OOO I,AND USE PI,AN: RsF, Residentlal Single Fanily 1O3,O0O sq. ft. N - christnas Lakes - Rsf, single fanily E - RsF, single fanily w - RsF, single fanily Availabl.e to the site. The southerly portion of the site contains an existing residence. The site is ariparian Lot to christnas Iake and generally slopes to.the north. Low Density Residential ooo I oog I oo? o 9 I oo! I E QRopos E b 3.^EPrurslal.J R4 ools I I PI ooo I F oot? Co,t I oo I OUNT tor [. rtc ) RD L OTUS ( lr a .. tR -R orcL LAKE RDox F t I h! I t a ) P F CL U L f 1r G 8t '1 8 l! II t) RS LAKE_ ooo ( rt I ,l >, \ I r [''A I R4 Fortier & Associates Subdivision Augiust 15, 1990 Page 2 PROPOSAL,/SU}0{ARY The applicant is requesting prelininary plat approval to subdivide 103,OOO square foot parcel into two 1ots. Iot 1 is proposed tohave an area of 55,000 square feet and uill be the site ofi futureresidence. Lot 2 is proposed to have 331150 square feet. I,rt 2contains an existing hone accessed off of pleasant View Road. Theneuly created lot (Lot 1) is proposed to be accessed by a privatedriveway located to the rrest of the property off of the aij aeentLot 5. The proposal neets RSF dinensiona1 requireuents and is alsoconsistent with the increased lot size requirenents applied to lotsserved by private driveways. Atthough only one trorneJite is beingcreated at this tine, the new driveway that wiII serve it canultinately serve at least 3 horoes according to a conceptualdevelopnent plan that has been subnitted. tdditional Iots arepossible under RSF District gruidelines since these lots areoversized, however, we believe this scenario is unlikely given theownership pattern and surrounding neighborhood that exiiti in thisarea. _Deta-i1s regarding. construction requirements for the drivewayare refined.by appropriate conditions. One reroaining issue relate;to the provision of sewer service. Staff has propostd options thatwould provide gravity sewer service but a tenporiry altlrnative isoffered that could represent something of a cosC savings in theshorE. tern. Based upon the foregoing, staff is reconmending that the request beapproved subj ect to appropriate conditions. STREET ACCESS Both lots uiII be served directly by driveways from pleasant ViewRoad. The existing home will continue to use the driveway that isalready in place. The proposed neu driveuay that sill Eervice Iotl, Block 1 will be shared by future residences shich will belocated to the uest on Lot 5, Christrlas Acres Addition. At thepresent time there is. no developnent on l-ot 5 but a conceptuaLdevelopnent plan subnitted by the applicant indicates two- honesites. On a busy street such as pleasint View Road, staff supportsthe use of shared driveway entrances to minimize the nunbtr ofturning movenents. Thus, we fundamentally Eupport this aspect ofthe shared driveway option being proposed. We also revieied thepotential of having the existing home that will be located on Iot2, Block 1, of the Beddor Addition, utilize a conmon curb cut,hovever, this is not possible since the nain driveuay is locateduell to the east. There is, however, a seldorn used gravel drivethat is located adjacent to the west property line wf,ere it willparaIlel and enter Pleasant view Road a short distance away fromthe proposed new driveway. As a condition of approval this gravel Fortier & Associates Subdivision August 15, 1990 Page 3 driveway, driveway over. which will have littleis constructed, should be or no purpose rrhen vacated and allowed the newto grow The applicant will have to acquire and record a penoanent cross access easenent over Ipt 5 of christnas Acres. The easenent should run in favor of Lot 1, Block 1, but also in favor of I.ot 5 so that use by the trro additional homes conceptually illustrated on Lot 5can be guaranteed. The drivenay Ls designed to meet city standards. It is paved to a 20 foot vide tridth trith a 7 ton design and grades on the conmon section of the driveway do not exceed 10*.Iast]y, a turn area acceptable to the Fire li[arshal must beprovided. The drivevay nust be installeil to city standards before a certificate of occupancy is granted for the new home on Lt 1.If it is not possible to conplete the driveway in this tiroe fraroe a financial guarantee will be required to ensure conpl iance. Section 18-570 pernits up to four lots to be served by a private driveway if the city finds the following conditions to exist: 1. The prevailing developnent pattern nakes it unfeasib}e or inappropriate to construct a public street. or I private driv€yly orlsts at tho preseDt tiae aad ls propoaed to serre futurc dev€lopneDt adJaceat to th€ sl.te. Basod upotr a revl.ev of tbe aurrouldiag area, staff has co[cluded that astreet exteagioa is aot recooneadedl a3 it coulal regult l,ne:teasive tree 1oss. The aroa coatal,as a large DuDber of Eature trees aDal ia Deavlly vooaled. Surthomoro, tha grralog of th€ sito are too st6€p to coDstruct a rord that Deets olty ataDatards. Lastly, re do Dot believe Lt Ls uarratrted basod upoa the surrouailiag developDeDt prtterD. 2 After revielrinq the surrounding area, it is concLuded that an extension of the public street systen is not required to serveother parcels in the area and inprove access or to provide astreet system consistent sith the Conprehensive PLan. .. Tbe glte La hoavily roodeA. ahoulal the appllcaat provide aatr6.t up to clty staDalaral3, a large DuDbor of tr€€i youlat havs to D€ reEovaal. TDe DuDbor of trees that riIl bavo to be rr At tha prosslt tlne, only otre rsal.doDce vlll be utllfufulg theprivato driveray. llrro addltlolal r.sideDces rl.ll utll,lEe tbat sane private drivauay to access tbelr propertieB. lho3s,. resideaces uill bo locat€A to the rest of the subj.ctprop.rty. The use of a private driveway vill pernit enhanced protectionof wetland and mature trees.3. Fortier & Associates Subdivision August 15, 1990 Page 4 roDoyoat la goiag to De algolflcaatly loss tblD rhat lt routaltate to con3truct r Btr.ot up to clty rtaDdards. PARK DEDTCATION/TREE PRESERVATION The Park and Recreation Conmission recomnended that park dedicationfees be reguired in lieu of park land. A tree preservation planshould be prepared and approved by the city priof to issuance of abuilding perroit. EASEITENTS Provide the follorring easenents: 1. Standard drainage and utility easeDents. 2. Cross access easeDents over the driveway in favor of Lot 1,Block 1, Beddor Addition and Iot 5, ChriatDas Acres Addition. 3. Provide utility easements as required by the EngineeringDepartment for serrer and water services. Dedicate a roadway easenent measured 33 feet north of thecenterline of Pleasant View Road. UTILTTTES 4 Serrer and water service is available in the vicinity of the site,although lateral lines nust be extended to provide service. Waterservices will require an extension from an existing line located inthe Christnas Acres plat to the west. This line Lhould be publicuith it being either j.nstalled by the City or by the develoier inaccordance with City standards. The line will ultinately serveseveral hones and must be equipped with a fire hydrant loclted atti'e edge of the driveway to provide adequate service to these hbroesites. Sanitary service is available fron two locations.Alternate 1 rrould be the extension of a public Aravity line fronthe Christnas Acres plat over Iot 5 uhich would tLrninate in a newnanhole. Since this provides gravity servl.ce, this is preferred and staff believes that this should ultinately be required in thelong run. An alternative does exist, however, thaf would allonreduced costs in the short tem. This uould rely on service takenfron a line located to the east, however, due to the elevation ofthe line it is not possible to provide gravity servi.ce at thislocation. If this option is selected, installation of a grinderpunp and lateral line nill be entirely a private expense is willmaintenance costs. staff is reconmendinq €hat if thil alternativeis seLected that the ovner be required -to froof into tfr" liavityline that we believe eventually will be extended fron the west atsuch tine as this is made available. Fortier & Associates Subdivision August 15, 1990 Page 5 Lot Area Lot Yridth ordinance 15,000 100 |L25l 30r front/rearloi sides Lot 1 60, 000 L44.821 474.N/A 236 .43 |2291 85. oo I front 31.00I rear 49t &32 r sides Variances Required - None GPADING The najority of the grading lrill result fron bringing the existingprivate driveway on L.ot 5 to city standards. The access connectionto Lot 1, Block 1 wiLl require filling on the portion located onLot 5 and grading on the portion tocated on Lot 2. Staff is recornmending that a tree preservation plan be developed for the driveway and utility installation so that inpact on existing tree cover can be nininized. RECOIO,IENDATION Planning staff reconmends that the Planning Cornmission adopt the following Dotion: nThe Planning Connission reconnends approval of Subdivision 90-12as shown on the plat dated iruly 3, 1990 and subject to thefolloring conditions: 1. Easements: a. Standard drainage and utility easenents. b.Cross access easements over the driveway in favor of Iot1, Block 1, Beddor Addition and Iot 5, Christnas AcresAddition. Provide utility easements as required by the Engineering Departnent for sewer and vater services. COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot DeDth Hone Setback T-pt 2 33, 150 Fortier & Associates Subdivision Augfust 15, 1990 Page 5 2. d. A fire hydrant is required to the uestshorn in Attachment #2. Dedicate a roadway easenent neasured 33 feet north of thecenterline of Pleasant Vien Road. of the property as 3 Park and trail dedication feesland dedication.uiU be required in lieu of 4 A tree preservation plan nust be subnitted prior to issuanceof a building permit. The plan should illustrate hon thedriveway, hone placenent and construction will minimize treeloss. The plan roust be approved by staff. preservatj.on areasshall be. adequately narked by a snow fence prior toconstruction to avoid danage. The private driveway serving l-.:- 2, Block 1 nust be built toa 7. ton design and paved to a width of 20 ft. utilizing aruaximun grade of 10t and provide a turnaround area accepta6leto the Fire llarshal based upon guidelines providld byapplicable fire codes. plans should be providea tt city statifor approval prior to City Councl.l review. PLans for water and seuer connections shatl be developed forapproval by the city prior to City Council review. Theapplicant should petition.the City to instaU public utilityextensions or rnake provisions for self installation. tt 5. 6 ATTACHMENTS 1 2 3 4 Ueno from Assistant City Engineer dated August 10, 1990.Location of required fire hydrant. Appl ication.Prelininary plat dated July 30, 1990. CITY OF EH[NH[ESEN 690 COULTER DRIVE . PO. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: FRO}I: DATE: SUBJ : Sharmin Al-Jaff, Planner Charles Fo1ch, Assistant August 8, 1990 Preliminary Plat Review Land Use File No. 90-22 I City Engineer 6 t/\ of David Beddor Add i tion Existinq Conditions Driveway Access Currently there exists tiro curbcut driveeay accesses to theproperty. The easterly driveway access services the existingresidential home on the southern portion of the 1ot. The westerly driveway access services Lot 5 of Christmas Acres andproviiles access down to the Christmas Lake shoreline. The proposetl dr iveway-shar ing to selve Lot l wiII require a driveway easement from the adjacent property to the west (Lot 5). This proposed driveway will be private and maintained as such. The subdivision ordinance requires that a multiple-use private driveway be constructed to a 20r width and a 7-ton design. It is recornrnended that the existing easterly driveway curbcut be eliminated as its present service use will be adopted by the new proposecl multiple-use driveway. This easterly driveway access would also be too close in proximity to the newly proposeil access. The lot for the proposed subdivision is currently addressed as 1010 Pleasant View Road. The terrain for the lot is characterized by a steaaly grade ilown to the Christmas Lakeshoreline. The parcel is primarily vegetated with grasseil area. Trees are located along the east and the west property 1ines. Aresidential home currently resides on the southern portion of the property. The appticant is proposing a lot subilivision an'l a platting ofthe ti^ro new parcels. The proposed development for the ne$rIy created vacant Iot would be for the construction of a residential home . Existing sanitary sewer facilities are present on both adjacentparcels immetliately east and west of the subject property.cravity sewer coultl be made available from the west by extendingthe existing sanitary sewer from the Christmas Acres subdivision.This would require the acquisition of a proper utility easementthrough Lots 4 and 5 of the Christmas Acres. An alternative sewer service connection could be made to theexisting system from the property immeiliately to the east.However, due to lower elevation on the proposed site, it is notanCicipated that a gravity service connection coulcl be made.Connection could be made, however, via a private grinder and pumpsystem. This forced service line would be required to tiedirectly into the existing manhole and be privately owned andmaintained. This service connection would necessitate theacquisition of a utility easement through the immediatelyadjacent property to the east. An e!risting six inch watermain extenals through the southerlyportion of Lot 5, Christmas Acres. It is recommended that Ipublic six-inch watermain connection be made to this existingfacility and extended easterly to the west property Iine of theproposed Lot 1. Proper easements through Lot 5 would have to beacquired for this improvement. A future development of aresidential home on Lot 1 could acquire water service from thisproposed watermain ext.ension. This watermain extension wouldalso provide an opportunity to extend water service to the northin the future in the event of a lot split of Lot 5 as per conceptpJ.an of Christmas Lake Properties dated July 2, 1990. Sharmin A1-Jaff August 8, 1990 Page 2 G ratl i ng Construction of the proposed driveway will acquire some fi11ing and grading operations to be performed. It is also anticipatedthat some site grading will take ptace at the time a home isconstructed. The runoff and erosion potential, of this site isquite high due to the existing terrain and grades. It isimperative that erosion silt fence be installed at all locationsof d-ist.urbed areas. Restoration and turf establishmentoperations sha11 be conducted promptly upon completion of thegracling and utility work. Recommended Conditions The proposed multiple-use driveway to serve Lot must be constructed to a 7-ton design and paveil 20 feet utilizing a maximum gratle of IOt. This private driveway and maintained as such. 1, Block 1 to a width of wi 11 be a I Utilities sharmin A1-Jaf f August 8, I990 Page 3 2. 3 4 If the applicant chooses to connect to the existing sanitary """"i f"lifity inmecliately ailjacent to the east via a oiitr.t.fv ownail and maintiined grinder and pump sYstem, it. ;;;ii-G'temporarily permitted until such time, if ever' that "inii"ty sewLr is eitlntteil through Lot 5 to the west (as per Christmis Lake Properties concept plan dated July 2, 1990)' Proper easements must be acquiretl for all proposed utility improvements. Erosion control shall be installed and maintainedl arountl all aisturUea areas for grading and utility installation' jms Gensrol Ace-o. r,rhere Fire- 6drtr$ i s rel,t^er\ed' ,/ 6o ? .--.,/.,. E ATT L T 2 53 I'--\ LOT 4 l.^ l\-DD NOVACYK PAT AL N 2 rft {CE TIM FOSTER LOT 3 ,i 5 SURVEY LINE tt rIII A A N T ID BEDDOR LOT 1 / 130.0 BEDDOR LoT sA .l; ) '' A ,4 TT E BAR HO BEDD LOT I TRAIL TO L^KE ...I-.!(!!BU I (, IIIII I I I \ t^ DBYE IO PI{EITT REVIET TPPIJICITION APPLTCANT:Fortier & Associates, In AI{NER : David Beddor ADDRESS: 408 Turn ike Road ADDRESS: 1050 Pleasant View Road Mi nne a olis MN 55416 Chanhassen, MN 55317 TELEPHONE (Day tiDe)593-1255 TELEPHONE:47 4-0237 y'srrbdlrri"toru x PreI lnlnary Plat: - Sketch Plan - S2OO y'create less than 3 lots - Sloo - - Create uore than 3 l.ots - S100 + S15 acre + $5 per lot - - Consolidate Ipts - S100 BOTAIJ EUBDIVISION 0 wetland Alteration Pernit: - Individual Single FanilyIots - S25 - AIl Others - S150 a site Plan Review - S150 0 Vacation of Utility orStreet EaseDent - 9100 I Variance - $75 0 Rezoning - S25O 0 Zoning Appeal - S7s 0 Zoning Ordinance Amendnent - No Charge Sloo CITI Ol CEIXEIASEX 690 COUIJIER DRIVE cElrrElSSEx, xtt 55317(612) 937-1900 nEorrEs! 0 Conditional UBe Pernit - S15o 0 fnterirn Use Permit - S15o a land Use Plan Amendment - S1OO _ 0 Planned Unit Developnent: - Sketch Plan - $200 - Prelininary Developnent Plan $300 + S15 acre - Final D€velopnent PIan - 5200 - Anendment to Final Development Plan - S3OO + S15 acre TOTA! PI'D Lot created - Final Plat - $100 y'uetes and Bounds * lIorE, - when Eultipre appJ._icat-ions are processed, the approprLate fee shallbe charged for each application. Davrd.ue ITCATIOI{ I0I0 Pleasant View Road, Chanhassen, MN 55317 IJGAL DESCRIPTION see attached survey PRESENT ZONING TCS idCNtiA I REQUESTED ZONING same dentia l REQUESTED I,AND USE DESTGNATTOI same This application Dust be cornpreted in full and be typewritten or clearlyprinted and Dust be accompanied.by arl lnformation tna plans reguirea u!applicabre city ordinance provisions. Before filing thij apprica€ior,, yoirshould confer rrith th-e pranning DepartDent to determine - the spetiiicordinance and procedural requireuents lpplicable to your application'. tiris 1s to certify that r an uaking application for the descrlbed action bythe city and that- r an responsible foi conprying uith ar1 city requir"r.nilrrith regard to this request. -This ^application shoutd be proceslsea in ny nineand. r. an the - party -whon .the city shourd contact regarding any natterpertaining to this apprication. r have attached a gopy or proof- or o-wnersnil(either copy of ovnerrs Dupricate certificate of ritlt, Abltract of Title oipurchase agreenent), or r an the authorized person to uake this applicationand the fee olrner has also signed this application. I will keep nyself inforned of the deadlines for subDission of uaterial andthe progress of this application. I further understand that additional fees toay - be charged for consulting fees, feasibility studies, etc. with anestinat€ priol to any authorization to proceed yittr ttre Etudy. The docunentsand infornation r have eubnitted are true and correct to ttre best of nyknouledge. r arso understand that_ after the approval or granting of the pernit, suchpennits shall be invalid unless they are recorded against the aitle to theproperty for uhich the approval/perEit Ls granted vittrin 120 days uith thecar:"ver county Recorder | 6 office and the original docunent returired to cityHalI Records. Csire of l icant te 7 Signature of Fee Owner Da /t /?20 o PROJECT ITA}IE PRESENT I,AND USE DESIGNATION REASoN FOR THIS REQITEST Lot splir tppllcatlon Received on ,i.30-?o f'ee Paid trco This applicatLon will be AdJ ustuents and Appeals on Receipt l{o.3Fl55 cons by the Planning Connission/Board of July 16, 1990 Paul Krause 690 C Chanh P lanne rof Chanhassen oulter Dr ive assen, MN 55 317 Mr. City City FORTIER & ASSOCIATES, INC ARCHITECTUBE PLANNING INTERIOR DESIGN of !1r. in ten t Re BTDDOR PROPERIY Comrn: 90-10 Dear Mr. Kr ause s Attached please find our application for a lot split on behalf David Beddor. Mr. Beddor has purchased this property with theof constructing his own residence. Topography, tree locations, 1egal description, anil existingconditions are shoi'rn on the survey. It is our intent to extend thesanitary sewer and water across the adjacent 1ot in Christmas Acresto serve this new lot. The adjacent lot is owned by Mr. Frank Beddor, Jr., Davidrs father. The Christmas Lake Properties drawing illustrates surroundingconditions. It is our intent to construct a shared bi.tuminous driveway for access as shown, including adequate roon for an ernergency veh icle . PLease review this application and adivse of any additional inforrnation you Eay require. Yo Daryl P. For tier DPE,/6f encls =-Survey, PIan & Iist of adjacent Owners. ccs David Beddor Frank Beddox, JE. 408 Turnpike Road, Golden Valley, Minnesota 55416 (612) 593-1255 truIy, CITY OF EHINH[SSEN STAFF REPORT PC DATE: CC DATE: CASE *: By: 8/L5/9O e/Lo/eo 90-2 ruP Krauss/v Fz oJLL B UJta Interim Use Pernit to Excavate 19O,O0O Yards of Irlaterial on the Jeurissen Farn. fhe stated purpose of the actionis to improve the s.lters utility for agriculturalpurposes, but the material is being sold to the EdenPrairie Landfi11. PROPOSAL: 1500 Pioneer Trail APPLICANT:Wangerin Incorporated 8510 Harriet Ave. So.Bloonington, llN 55420 DENSITY: ANACENT ZONING AND I,AND USE : WATER A}{D SEWER: PHYSICAL CHARA TER.: 2OOO I,AND USE PI,AN: A2, Agricultural Estate -2, Agricultural U6eioneer Trail, A-2, Agricultural Use-2, Agricultural UEe-2, Agricultural Use Not available Undes ignated/AgricuItural The site contains ro1J.ing topography with ferurenaining trees. It is in active agricultural use and contains a homestead with assorted outbuildings. The site is bisected by BLuffCreek and an adj acent uetland. N/A N-As-PE-An-A IOCATION: PRESENT ZONING: ACREAGE: Jeurissen Interin Use Pernit August 15, 1990 Page 2 PROPOSAL/SIJ}0TARY lhe applicants are requesting Interirn Use Pernit approval to remove 190rOO0 yards of clay soil fron the Jeurissen Farr. The applicanttsstated purpose for the request is to establish iuproved grades foragriculturaL use and ultinately for the rural residential developrnent that was conceptually revietred by the City in 1982. ftis our understanding that the naterial vi1l be trucked to theFlying cLoud Landfitl in Eden Prairie yhere it will be used ascover material. The top soil on the site niII be stripped andstockpiled prior to grading activity so that it nay be -respread over the site for agricultural use in the future. The property iscurrently in agricultural use and is zoned A2. Uuch of theinpacted area is currently in use for corn crop. No additionaltrees wiLl be directly lost through this operation and provisionsare being made to protect wetland areas and Bluff cieek whichbisects the site. The proposal is being drafted in a mannerconsistent with the newly adopted rnining and grading ordinance andconditions are being provided to ensure that on-site and off-siteinpacts, to the extent possible with a project of this magnitude,are nitigated. staff has significant reservations with this proposal due to itrsshear size and it's intent. uoving 19O,OOO yards of diqt requires20,000 truck roovenents. Based upon the applicantrs proj ected rateof rrork, this will result in 175 Ioaded trucks Leaving the siteeach day rrith 175 returning. we also note that the applicanttsnarrative indicates that the purpose of the earth woik is tolrprovide a nore accessible area for crop landstr. Given that thesite is already being farned and appeais to have been for sonetirae, we find this premise nisleading. It is quite clear that theprinary purpose of this proposal is to export rnaterial for itrscash value. The background of grading on this site is explored in detail below.fhe history of earth nork operations on this property does notserve to enhance staffrs coDfort levet. cradinq activity wasconducted this past spring under a permit that waj issued U-y tfreEngineering Departnent.several years ago. In hindsight, the p-ernitshould not have been issued by a staff nenber sinle it reluiredcity- Council approval nhich was never sought or granted. In'spiteof this, staff attenpted to work to honoi the fernit and a]Loredthe applicant to renove the 2orOOO yards wtrich h:ad been pernitted.upon concruding that a greater anount of filr had been re-rooved thenalloued, several stop -work orders were placed on the property butthey t ere run over and ignored. crading work ras tiniff| stoppeclbut not without the threat of legal action on behalf of Lne Ciiy.The operation at that tine genelated a series of inguiries andconplaints due to truck traffic hauring on pi.oneer Trair and fronthe operator of ltloon Valley uho njs concerned about unfair Jeuri.ssen Interim Use Pernit August 15, 1990 Page 3 treatment. The applicant has repeatedly indicated that he wouldbring Iega1 action against the City if the pernit is not approvedas requested and on his schedule. Staff has askea ttre CityAttorney to cornment on this and it is concluded that the city haland continues to act in a legally responsible and defenlibleDanner. In our opinion, these threats are vithout nerit andneither this nor the applicantrs contractual obligations to seIlthe material shouLd have any bearing on the planning Conmissionrsand City Councilrs action on the naiter. In spite of these reservations, staff is recoramending approvalsubject.to appropriate conditions. we believe that thd apiiicantwas ultinately able to rrork rrith staff to develop a propoiit thatwas consistent with ordinarice guidelines. since- it iras- never theintent of the nen ordinance t-o . conpletely halt this type ofoperation, staff is not in a position Eo coniront some of tliE norephilosophical aspects_ .of .a.llowing this to occur in ttre connunity.In reviewing this application, hoirever, rre do advise cauti.on on thepart_ of the Planning conrnission and City CounciL. We feel thiscaution is warranted since this is one of ttre first applications tobe brough! in under the new ordinance and since t-he volune ofnaterial. -i." .g ]arge. we note that the handling of appricationssuch as this will estabLish a precedent and regar iasis ?tr actionson future related pernits. Staff is-.attenpting to Jo.ininize- inpacts fron this operation byreco- nnending the inposition of strict conditions.- on-sitlenvironmental impacts can, we believe, be dealt with. Ofi-sitetraffic and related impacts are Dore difficurt to control. staffreviewed the need to have an Environmental Assessnent worisheet onthis request. We found that it does not trip a mandatory eAW "othat if one is desired, it nust be requesied by the 'ci1y orpetitioned by inpacted residents. The recomended conditions of approvar are extensive and ue hopecomprehensive. The applicant shoutd be asare that if conditions ofapproval are violated, the ordinance allows for the operatiorl to beshut dovn and staff uould ask the City Council €o revoke thepermit. BACKGROT'ND In 1987 the applicant, along with Sever peterson and Gil Iaurentwere-given.a conceptual reviau of plans to plat their property eorrurar residentlar usg under the pre-tsaz zoning- oidinance.Preparation of a fornar plat vas granted a tirne ext6nsion by theclty councir due to uncertainty relarding the ultinate'i"Lit1"" "rHighrray 212. This tine extension was tefoinatea wiirr ttre-"iiiciarnapping of, the highway by the city in 1999. Howevei, in tht;prG; CIIRONOIOGTCAL HISTORY OF JEURISSEN GRADING PER},IIT Aucrust 1, 1988:Application filled out, pernit issued forinstallation of culvert across Bluff Creek and excavation of 211481 cubic yards. It is our understanding that the pernit nas issued tocorrect damage caused by the July, 1987 superstorn. The pernit uas issued by a staff meuber who is no longer with the city. Thestaff menber erred in issuing the pernit since earthrrork of this type required City Council approved. The pernit was good for 120 days. Applicant reguested extension of perroit untilJune 15, 1989 .because vork had never beenstarted. A1lan Larson gave pernission. Januarv, 1990 Applicant (Ioren Habegger) requested another extensi.on because the work had never beenconpleted. Staff (Gary tlarren and Dave Henpel) extended pernit until June 30, 1990.Again, the validity of issuing the perroit could have been questioned, but staff believedit uas appropriate to honor the originalpernit. February. 199 0 Excavation operation and culvert installation cornnenced. Februarv 14. 1990:Staff concluded that the amount of uaterial excavated met or exceeded perrnit allowances.fn discussions rrith the applicant theyinitially agreed that this uas the case.Certified letter to lJoren Eabbegger regardl.ngJeurissen excavation pernit. I€tter outlined understanding with regards to erosion control.,traffic signing, Iinits of excavation, treerenoval and the need for a conditional usepernit for excavation beyond the allowed21,451 cubic yards. .Excavation operations coEmenced again. stoprrork order was issued by Dave HeEpel on Uay 7,1990. It was ignored by the applicant. certified letter froE cary warren to WangerinExcavating fornally notifying that they lla\r 9. 1990: Jeurissen InteriD Use Perroit August 15, 1990 Page 4 of 1990 the City Council granted a further extension untiL thefinal EIS for the highway rras approved. Sprinq. 1989: llav. 1990: Jeurissen Interin Use Pernit August 15, 1990 Page 5 Uav 18, 1990 Mav 21. 199 0 Ylav 22 1990: llav 29, 1990 July 13. 1990 ORDINANCE (Wangerin) were in violation of the stop workorder and is in jeopardy of civil and criuinalaction if they continue. cary l{arren witnessed hauling activities onthe Jeurlssen property. Engineering and Planning staff and the CityAttorney net with the applicants and theiiattorneys to gain agreenent on the stop rrorkorder. The neu grading ordinance uasdescribed along rrith procedures forapplication and review of request. Roger Knutson, City Attorney, sent letter toAndrew Druck summarizing the neeting betrreencity staff and Wangerin, Inc. and Wlngerinrsattorney. L€tter confirned that al.L partiesagreed that all Dining operations will ceaseno later than the close of business onwednesday, Uay 23, 1990 and that nining uaynot proceed after that date until aconditional use pet it is issued by the City. Wangerints attorney (Andrew Druck) sent aletter. . to Wangerin, Inc. reconmendingexcavating activities cease and desist. Dave Henpel witnessed the uining operation hadconmenced again. At the direction of GaryWarren, Dave HenpeL placed another stop workorder sign on the property. Aftef soneconversations, Irangerin decided to conpLy viththe stop work order. The applicants filed a forral application foran Interin Use Pernit for grading at the site.The initiat application was for loo,OOo cubicyards, but this uas ultinately raised to190,000 cubic yards of naterial. section 7 of the ordinance provides a series of standards againstwhich large scale grading ipplications are to be reviewed.- Thefolrowing .constitutes staff rL review and findings. These arereviewed in the sequence in rhich they are piovidea in theordinance. Jeurissen fnterin Use Per itAugust 15, 1990 Page 5 Ssctio! 7-10 - Feeg The ordilaDc€ arrors tho city to d€t€rllBs tbe f6€ scboaluro toreacb pernit aDd that_ each peruit lust be aDtrually reviered by theclty EDgiDeer. Eectioa Z-tl provlales for aa Lrre:vocabls lettsr ofcredl't thlt yil'r be requlreat to .Bsuro coupliaace vith coaditioasof apploval. Findino Staff is proposing that a S3O,OOO letter of credit be requiredto ensure compliance sith conditions outlined below. theletter of credit rrould cover site restoration, preparing as-built. grading. plan upon coupletion of each phise -to v6rifyyor! ll conpliance with plans, maintenance of-adjoining roadiincluding repair of danage directly attributable to- trucktraffic and to keeping then free of Dud and debris, and fornaintenance of erosion control and dust control Deasures. Inaddition, a substantial amount of staff tirne siII be reguiredto oversee this project. The Engineering Departnenl hasproposed that the follot ing fee schedule be required. ft istaken out of the Uniforn Building Code that hal been adoptedby the City. It requires that a pernit fee of S7g7.5G be paidand that all City and County staff tine used to rnonitor- andinspect_the operation be paid at a rate of S3O.OO per hour.Staff vill document the tine on a nonthly basis and UiII theapplicant. S.ctioa ?-12 - Setbactg Ahe oriliaalge requires that a setbact of 1oo f€et fron eriatingstr€€t rlgtts-of-way aad 3oO fe€t fron adJolniag property liaes beroquireal for nlniag actlvitl.eg. Findinq The current _ proposal does not'conply uith this requirenent.Grading activity j.s being proposed vlrtually adjac6nt to thenorth property line of the Jeurissen parcel. Ilowever, webelieve that inposition of this stanldard is a natter ofinterpre!._ation. It should be noted that a revised conceptplat indicating how development could occur has not beenprovided. The setback requireroents in the ordinance werespecifically designed to detl with continuous nining of sand,gravel, clay, etc. such as occurs on a long tern fixed basiiin the uoon Va.]Iey operation. The current proposalpurlrortedly is being used in part to support agricultirrai useon the property by lowering the grades and naking agriculturalactivity nore feasible. The applicants have a1s5 indicatea Jeurissen InteriD Use Pernit August 15, 1990 Page 7 verbally that it would support future development of the sitefor low density residential. uses since the grades are atpresent too steep to pernit this t)rpe of developnent. Theordinance allows grading activity designed priroarily forfuture site developnent or continued use to occur anywherewithout being subject to setback reguirements. In spite ofour reservations with the proposal , we believe thtt thisexception applies in this case, thus, the setback standard isnot applicable. aoctioD ?-13 - F€DciDg Th€ orall.laDce reguires feaclag for areas rhlch uill be coDvertoal tostoep grad€s or yh6re oD sit€ ponltlag erl,gts lf the Couaclllleteruiaee that a safety hasard exista. Findincr It is our opinion that safety hazards such as those envisionedby the ordj.nance will not be created by the proposed activity,therefore, we are recommending that this requirenent be waivedin accordance hrith provisions provided in Lne ordinance. Section 7-ll - lppearaDce and Bcreeniag ![h6 oralitraDce requires that the viaual inpact of gradlng aad niniugoperatioas be niuiuizedt aDil that rbere aecessiry, slreeaiag b6proviAea. Find inq The site is in a relatively renote location in an agriculturaldistrict. It is not a long tern operation buL rather atenporary pernit. fherefore, ue do not believe that thisrequirenent is applicable and that the requirenent forscreening should be waived as outLined by the oldinance. Sectiotr ?-aS - Operations, Noiso, Eouta, Explosiv€a, Ihrst, fator,Pollution, Top aoll Presenatioa A. l,Iarinun NoLse Lave1a aB Eeasur€d .t tha perl.netar of tb€ altoshaIl lre uithiD llnits set by tb€ xpcl aDd by the p€d€ral Ept. Finding Staff does not. envision a problen directly fron gradl.ngoperations on this site due to itrs reuote 1ocition. H6wever:,truck activity will undoubtedly cause noise levels to rise onthe haul routes. A condition is being provided that noiseleveLs not exceed l.IpcA and EpA linits.- If noise testing is Jeurissen fnterin Use Pernit August 15, 1990 Page I B. D. required by the city, the cost should be paid by the applicant. Earth uork is per:uitted oDIy during tho hours of 7:00 a.!. to 6:00 p.D., lloDdtay through Saturatay and prohibltsd oD latioDal holidays. Findina The applicants have indicated in their narrative that they arewilling to conply uith this requirenent. An appropriate condition is provided. staff is further concerned that the large nunber of truck turning movenents that will resuLt could adversely inpact traffic flow during peak rush hour periods.If, in the opinion of the city and/or the Carver Countysheriff or Engineer, conflicts occur, staff is requestingauthority to prohibit truck movenents before 8:OO a.m. andafter 4:30 p.n. , the proposed condition is uorded accordingly. Furthernore, if grading activity is not conpleted until nextyear, staff is recomnending that aII grading activity be stopped during the U. s. open since event traffic wiLl be using Pioneer Trail. operators are requlred to use all practical Deals to oliDl'ttatevibratioD oa adJaceat property tro[ equlpraat operat!.on. Findincr The stream and associated uetland rrilL be protected by anextensive erosion control systen. Maintenance of erosioncontrol around these features and around a1l disturbed areas and stockpiLe sites will be a condition of approval. A revisederosi.on control plan is required. Controls need to beestablished along the entire creek corridor, netland and around the perineter of the topsoil stockpiles. In addition,llatershed District approval is listed as a condition. Theapplicants have contacted the l{atershed District and expect to have action taken on their proposal later this uonth. Staffhas spoken to the Watershed District and they requested that no grading activity be allorred below the 859r 1OO year floodelevation. Staff is proposing that no grading occur below the Again, staff foresees no problen due to the distant locationof the site. OP€rators 3ha11 coDPUT rltb aU apPucabl€ rogulatloDs for tbeprotectiou of uator qutu,ty. Findinq Jeurissen Interim Use Pernit August 15, 1990 Page 9 E. F. 971r elevation since the rninimun al1owab1e building elevationis 2 ft. above the 100 year fIood. Plans should be revisedaccordingly. Lastly, staff has worked with the applicants todevelop a phasing plan for this operation. The phasing planwill be utilized to ensure that the amount of area distuibeaat any one tine is kept to a rnininum. The first phase ofgrading activity will occur in the area where activity washalted last spring. It is hoped that ln this manner thisproblen area can be restored and revegetated as soon aspossi.ble. Lastly, grading activity this past spring resultedin inpact to the creek. Debris, iock and uhat- appears to bea large section of culvert have washed into it. fhL applicantshould be required to clean and restore the creek- channelduring the first phase of the operation. Op.rators sLa1l oonply rlth lll rcgulatr,ol3 for theprotectioD ol y€tlanals. Findino No grading activity rrill be allowed to occur in the wetlandsand erosion control rrill be provided to protect this area. operatora ahall couply utth all requl.reuetrt3 of the tatersbsdDigtrict yhero the prop.fty Lg loclted. Findino See above. G.AU top soil shallr€storatLon of thsr€storatioD p1aD. be retaiDed atsito has tak6D the clte uatil couplctepllca according to the Findincr Trro large stock piles for black dirt and top soil are beingprovided on site. Plans call for spreading the top soil baclout on disturbed properties after the operation is conpletedso that agricultural use of the property nay be continued.staff is prov.iding conditions of approval that will requiresite restoration on a phased lasis wiln the immediate plantlngof ground cover on dlsturbed areas prior to initiation of workon the next phase. The carver County Soil and conservationService has reviewed the proposal. Th-y lndicated that slopesover 18t on soils found at the site shouLd be perrnanentlyvegetated with an acceptable ground cover due tb its highrunoff potential . The northern edge of the excavation willhave 30t grades and nill becoue unsuitable for field crops.An appropriate condition is provided. Jeurissen Interin Use Perroit August 15, 1990 Page 10 f,. op€rators shall uao all practlcal r€lla to reauce tho aroultof dust, sDox. alal fules caussd b, tb€ operatlons. rLeD atlospberic or oths! coaalitioDr nake lt lnpoasible to Pr€veltAuBt frou nigratlag off aJ.te, ll.ling operatl.ols 3ha11 c€as€. Find inc, I Again, staff does not anticipate a najor problen with theseinpacts due to the siters renote location, however, appropriate conditions of approval have been provided. lIo coDtrol atust aDal uillnize tracxiDg of saad, grav€1 aad dirt outo public streats, luteraal Privatb roads to aDy Publlc roadray shall b€ paved rith asphalt or coDcrste for a lll.gtanceof 30O f€et to th€ iDtors€ctloD of tho PuDIic roadsay.llternats DeaDs of coatrolling tbJ,s probleE nay be accePted by tb€ city. F indino staff anticipates a potentially significant problem uith the tracking of debris out onto public rights-of-way due to the high volume of trucks that rrill be utilized. Conditions have been provided that would require that the applicant slreepstreets, if necessary, on a daily basis to renove rnud anddebris. we are also reconmeiraing that sone type of debris trap be required at the driveway entrance to Pioneer Trail to roinimize the amount of rnateriat tracked onto the right-of-way. The applicant should prepare a trap design for staff approval. iI AII haul routes to aDd froD the Dl.De sball b€ approved by tbecity aDal sball only use streets that caD Bafely accouodat€ th6 traffic. F indinq Trucks exiting and entering the site wiII be using PioneerTrai.I nhich is a county road designed to acconnodaterelatively high traffic voLumes and heavy axle weights. No other haul road is perrnitted by this peruit. If other routesare desired, staff will refer the Datter back to the CityCouncil. The County Engineer has subnitted a letter outlininghis concerns relative to the proposed operation. He believesthat 10rOOO trucks exiting the site and 10,O0O trucks arrivingwill have a significant and measurable adverse inpact on theuseful life of Pioneer Trail. He is reguesting that the Cityinvestigate the potential. of requiring a road inpact fee sothat funds can be held for the future repair or replacenent of a highway that he believes ui]l fail prematurely. The matterof an impact fee was discussed with the City Attorney and Jeurissen Interin Use Pernit August 15, 1990 Page 11 unfortunately, he believed that such an inpact fee Day not be1egally defensible. Thus, the concern remains but there doesnot appear to be a direct vay in which the City can deal withit. The city can and we belj.eve should require the applicant to beresponsible for road danage that is airectly attributable tothe hauling. Therefore, we are reconmending that financiaLguarantees be required to cover repair expenses. prior to thestart of grading, the condition of pioneer Trail should bereviewed and docurented by the City and County EngineeringDepartnents so that responsibility foi danage can b;established. fn addition, traffic volumes on pi6neer Trailare a concern. The Pioneer Trail/Highway 101 intersectionIocated a snal1 distance to the east is somewhat hazardous.It is reasonable to assune that significant truck volumes nayexacerbate natters. Staff is reconmending that signs bLposted at all times at the site indicating trucks hauling ina manner acceptable to the Engineering Departnent. We willfurther be requesting that the County Sheriffrs Departmentperforn periodic speed and weight checks atong the route. Iftrucks are found to be violating traffic safLty 1arrs, staffwill require that the operation be shut down and will Lsk theCity Council to terrninate the Interin Use perEit. 8€ctioD 7-16 - nestoratioE Atatdards fhe- ordl.aance provl.des a series of staDdards outllaiug Blterestoration. llhese are revieyed belov. A. Tb6 pla! Dust be consl,steat rith the Cltyrs ConprebeasLve plaDard zonl.ttg ordinaDco. Finding The present Comprehensive plan i]lustrates this area asagricultural ,use and the applicantrs proposal to restore topsoil for agricuttural purposes ls consislent wlth this. ThEdraft land use plan anticipates that this area rrill be in thedesignated 1995 study surrounding Hvy. ZL2. However, at thistine the plan does not give gruidanc- as to what future usesmay be. The City has given preliroinary approval for a 1owdensity residential plat for this slte.- f-ina1 platting hasbeen allored to be postponed until Huy. 2LZ EIS il conpletea.The appLicants have not provided infornation indicatiirg that ih" grading. is suitable and consistent with this plan.Houever, this plan will need to be revisedl in light oi ttreHwy. 212 plans in any case. It is reasonable to ttrink ttratnodifying sone of the grades on the site coutd prove to be Jeurissen Interin Use Pernit August 15, 1990 Page 12 B. c. D. useful for future residential developnent if this sere tooccur. Based upon these findings, staff believes that the proposaL is consistent with the Conprehensive Pfan and Zoning ordinance. RestoratioD sball b6 a coDtlDulDg operatl.oa occurritrg asqulckly as possible after o:ttactlo! operatlon lag !ov€d. Findinq A phased restoration plan has been developed by the applicant and will be enforced by city staff. All bauks aDd alopes sba1l be left in accordaice rltb tbe restoratioa plans auDnitted uith the per:uit aPpllcatloD. Findina Staff wilt work to ensure that the plan is conptied with. we are recorunending that an as-built grading plan be provided atthe conpletion of each phase so that staff Eay ascertain the volune of naterial that has been renoved and that conpliance has been provided nith the approved plan. Provision of theseplans will be at the expense of the applicant. 8lopes, graded ar€as aDd backfill areas 3ha11 be surfacod ritb adequat€ top aoll to recurg aad hold grouDd cover. Such grouDd cover ghall be tendteil as Decessary uatil it la aelf sustaiDltrg. Find inq Preservation of top soil is being provided on the plan andstaff will ensure that it i.s spread as required. Financial gTuarantees vill be used to ensure that ground cover survives. 111 yator ar€as rosultlag fron excavatlo! shaIl be ellElDateat upoa rostoratl,on of tho Blte. Findinc, This condition is not applicable. This condition is designedto deal more with gravel quarries that excavate rock, deeppits or other features. E. Jeurissen Interim Use Pernit August 15,.1990 Page 13 f. Ifo part of th. raatolrtLoa aroa uhl.cL La pla-red fot uaegother tbaD ope! 8pac. or rgricultural aball b€ at a! elevationlouor thl! the nililun requlrcd tor coanection aaaltatf7 orstotll aorar. Findino At the present tine and into the foreseeable future, this areais not expected to be served by public utilities. iince thereare -no lines anywhere in close proxinity to this property, itis inpossible to estimate whaf the uinirnun eleviti6ns iigfrtbe. Inasnuch as grading activity has taken place in elevatedareas on the site, there are no obvLous problens that wouLddevelop if utilities uere available at sorne point in thefuture. A condition described previously will enlure that thesite is not lorrered below the 1OO year flood elevation and isat least nininally suitable for building sites. Provide a la[dscaphg plaD illustratlDg rsfor€atati.oa, grouadcover, yetlard restoratioa or otber features. Find inq Inasnuch as this is agricultural land that wi1L be put back toagricultural use r,hen the operation is done, we do iot believea landscaping plan and reforestation plan is required.However, ground cover must be estabLished and a condi€ion isbeing provided that ground cover Dust be placed on disturbedareas on a phase basis as soon as excavation work is conpletedang tlra! ground cover will be approved by stafi forsuitability. G. INTERI}T USE PERMIT STANDARDS llining operations are allorred 1n the A2 District as an interim usepernit. The ordinance provides that lnterin use permits arereviened under the general issuance standards estaLlished forconditional use pernits, Section ZO-232, of the ordinance. Thefollowing constitutes a conpilation of the general issuancestandards and staffrs findings for each. 1. rill trot be detriueatll to or oDhaDce theaafety, coBfort, convenlgace or ganaral ael.ghborhooA o! tho city. public v€lfars health,of th€ *The proposed earth vork is a tenporary operation and isbeing reviewed _ as such. Upon iernovlf tt tfre 2oo,oooyards of naterial and site restoration, the project isconpleted. This factor differentiates thL request 2 Jeurissen rnterin Use Pernit August 15, 1990 Page 14 3. sonewhat fron longer tern gravel nining operations whichcould operate for a number of years out of a singlelocation. Conditions of approval are proposed that sitould dininish, not if conpletely reDove, dangers topubtic health, safety, confort, convenience, and impact on the surrounding neighborhood. The site is relatively renote fron neighboring residences. Itlost of the ihpactin the conmunity will occur from increased traffic levels and truck moveDents on Pioneer Trail. Unfortunately,short of denying the application, there does not appearto be nuch that can be done about this. fill be consistent yith the obj ectives of the cityta couprehensiv€ plaD a[al thi8 chapter. The Cityrs current Cornprehensive Plan envisioned a continuance of agricultural uses in this area. The draft conprehensive plan currently being prepared does not represent a departure from the current P1an, but does incorporate the site in the 1995 study area due to itrsproxirnity to HrIy. 212. This, however, does not inplythat any decisions have been nade regarding this property that woutd render it inconpatible for agricultural uses. The applicantrs purported goal in requesting this pernit is to revise grades to inprove the site's utility foragricultural uses. At the sane time, the case is nade bythe applicant that the utility of the site for low density residential uses, rhich are also an approved useof this property, will also be improved. Therefore,staff concludes that the application is consistent withthe city's Conprehens ive PIan. rill b. desl.gaed, coDstructed, operated alral [aiDtai!€d ao tobe conpatible iu appaaraDc€ vlth the erlatlag or ht€Ddod cbaracter ol th€ geD.ral vlctalty aad rl11 Eot chalge tbe cgeeatl.al charactcr of tbat ar€a. crading operations are by nature an intenslve use withsignificant potential for off site inpact. Hovever, as noted above, the site is relatively renote, therefore,this potential is greatly uininized. Once the activityis conpleted and the land returned either to actLveagricultural use or developed as a rural residentialsubdivision, the site will be conpatible vith the surrounding area. * * Jeurissen Interim Use Pernit August 15, 1990 Page 15 {. fill Dot be hazardous or neighboriag uses. alisturbiDg to erlstiag or plaDaed * After colpletion of the operation and site restoration,there will be no hazard or disturbance to existing orplanned neighboring uses. fill b€ senedt adeguately by o8seDtial public facllitles aadservl.ces, includiag str€ets, police intt !ire protoctlon, dlraiaage structuroa, rofuse disposal, yata! atd aerer aysteusaDd schoolsi o! yill be sarvad rdequatoly by auch facilitl€sandl gervicea provided by ths poraons or ageacies respoasiblefor the establishDeDt of the propos66 use. 5 6 7. 8. *The use is a tenporary one that will result in nopermanent development of the site. Therefore, it rri1lhave no short range or long range inpact on essentialpublic facilities and services. As noted previous).y, this operation does have asJ.gnificant potential for prodtcing traffic inpacts.There nilL be approxlnately 350 truci novements into andout of the site every day the use is in operatlon. fill Dot cr€ate ercessLve requl.reueats fo! public facititlesandl services aDd riIl Dot be detrl,neatal to the €coDoDicY€lfare of tbe cornunity. r The use is a temporary one that will result in nopermanent developnent of the site. Therefore, it willnot have short range or long range inpact on publicfacilities and services and will not be -detrinental tothe conmunity. rill Dot iavolve usea, activlties, procosaes, Eat€ria1s,oguipEeDt and coaditioas of oPeratLoa that riU be detrlneutaito ary pelsoDs, ploperty or th€ genaral yelfare because ofercessLve productioa of traffic, Doia€, 8uoka, fuD6s, glat€,odoEs, rodeDts, or trash. * The proposed earth work does have the potential ofproducing significant traffic inpacts and nay also resultin noise, smoke and fume problens. Conditions ofapproval provided by staff and outlined in the earth rrorkordinance should prove to be effective in nininizing nostof these concerns. fll1 bavs vehl.cular approlchoa to th. propetty ubl,ch do notcroate traffl.c congestl,oD or LDt.rfer€ rttl traffla orsurrouDdiDg puDUa thorougbfareB. * Jeurissen fnterin Use Pernit August 15, 1990 Page 15 Pioneer Trail is already a busy street and thepossibility does arise for traffic safety conflicts. Conditions of approval have been proposed to addressthese concerns, although given the volune of trafficanticipated, complete elinination of iropact is not likelyto be possible. 9. *The proposal will not result in any significant iupact to any of the above mentioned features. A creek and wetland located on the property will be protected from inpact. 10. fill be aesthetically coupatlbl€ rith the ar6a. *The area that is to be excavated is currently an activeagricultural use. It is not visible frou many off site locations and contains no significant natural features ortrees. Therefore, we conclude that the change in grade being proposed will not have any significant aesthetic impact on the surrounding area. 11. fill Dot depr€ciate surrounding prop€rty yalues. *The proposed use should have no long teno inpact on surrounding property values. L2. rill n6et staDalarals prescribeal for certaiD uses as provial€d iDthig articla. fill Dot result ia the destructioa, loss or da[ag€ ofacco8s, Datulal, acenic or historlc featureg of sigui fi caace. solar nal or *The ordinance provides specific andfor earth rrork peruits which are above. detailed standards explored in detail SI]}IMARY Staff has a number of reservations with the proposal that prinarilycenter upon itrs nagnitude and the lack of a clearly definedbenefit for the connunity. The resulting inposition of 2O.OOOtruck novenents on local streets raises serious concerns for publicsafety. However, after revieuing the proposal in detail, we haveconcluded that it is generally consistent with the gruidelinesestablished by the neu earth work ordinance. staff notes that the new ordinance was not developed to put a stop to this t)rpe ofoperation but rather to a11ow the City to exercise a reasonableanount of control over it. In spite of our reservations, sebelieve that the conditions of approval that are proposed should beable to nininize if not conpletely elininate ofi site and on site irnpacts. There is a significant auount of history regardingdevelopnent proposals on this site and bore recently, gradingactivity, that staff, Horking with the City Attorney pu€ a ltop t5this spring. Staffrs recornmendations on this curient Datter arenot influenced in any uay by these previous actions. We believethat relative to the grading pernit, the City operated in aresponsible Danner and is under no legal or noral prLssure to actfavorably on this current request. Hosever, when al1 of thefactors reviewed in this report are assessed, staff finds thatthere is only one reconmendation that we can make and that is thatthis iten be approved with appropriate conditions. Jeurissen Interin Use Pernit Aug"ust 15, 1990 Page 17 Subnit a $3o,OOO letter othe City. The letter offollowing: a fornat acceptable tobe used to ensure the STAFF RECOI{ITENDATION staff reconmends that rnterin use pernit #90-z to excavate materialfron the Jeurissen .farrn be approved subject to the followingconditions. Violation of theil conditions witl result in thein'nediate suspension of operations by city staff with the lernitbeing brought back to the city countil for review and poisiblerevocation. 1 f credit incredit niII 2. - naintenance of erosion control i - site restoration on a phase basie; - preparatioT of ias-builtn grading plans preparingdenonstrating conpliance rrith approved plans, on a pfraseibasis ; - repair of haul roads due to damagre caused by theoperation as deteraLneil by city and county Etaffi - Removal of nud and debris fron haul. roads as frequenttyas required by city and county ataffi - control of dust and other nuisances i - nolse analysis and other testing if required; Pay a uniforn Building code grading pernit fee of S78?.56.City .and gounty staff tine to nbnltor and inspect theoperation is to be charged to the applicant at a- rate of S3o. o0 per hour. 3 Noise leve1s steiirning froD UnPCA and EPA regulations.the operation are not to exceedIf the city deternines that there 4. 6 7 6 9 Hours of operation are linited to 7:OO a.m. to 6:00 p.n., Monday through Saturday and prohibited on national. holidays.If the City Engineer deternines that traffic conflicts result due to rush hour traffic f1ows, the hours of operation will beappropriately restricted. No activity uill be pernitted during the U. s. open Tournament. Provide a revised erosion control plan for staff approval . The revised plan should provide fu}l protection for the creek,Hetland and drainage areas. Erosion controls to be established and approved by the city prior to the start of excavation activity. FaiLure to roaintain erosion control uillresult in revocation of the pernit. Under the first phase of the operation, the applicant shall clean and restore the creek channel to the satisfaction of the City Engineer. Subnit a revised grading plan prepared by a professional engineer indicating that no area will be excavated belol, the 971r eLevation to ensure that hones can be built above the 959 I 1OO flood elevation in the future. obtain approval of the Riley-Purgatory-Bluf f creek watershedDistrict and naintain the operation in fuII cornpliance withtheir requirements. Excavation to be phased in accordance with approved pIans. As-built grading plans prepared by a professional engineer indicating finished grades shall be prepared by the applicantfor each phase, for city approval, to denonstrate conpliancewith approved plans. Site restoration shall be conpleted on a phased basis before work is alloired to proceed on the following phase. Provide arevised restoration plan indicating depth of top soil andground cover for city approval. Slopes over 18t are to be perDanently vegetated with an acceptable ground cover. The applicant will be held responsible for controlling dustand funes from the site. A plan providing details of the method to be enployed to clean truck tires before they exitonto the public right-of-way is required for staff approval.It shall be installed prior to the start of uork. It shallfurther be the applicantrs responsibility to clean the publicright-of-way as often as required by staff. Pioneer Trail is the onty pernissible haul road in Chanhassen.Other routings will require review and approval by the City 10. Jeurissen Interin Use Pemit August 15, 1990 Page 18 is a problero warranting such tests shatl be paid for by the appl icant . Jeurissen Interin Use Pernit Aug"ust 15 , 199 0 Page 19 Council. Appropriate rtrucks haullngr slgmage Ehall be posted and kept in good condition. prior to the start of work, thecondition of the haul road rrill be documented by the city andcounty .staff and the applicant will be held financiallyresponsible for aII danage that, in their opinion, is causedby the operation. 11. The city wil.l vork with the County Sheriff to coordinate Epeedand weight checks. If trucks are violating traffic 1lws,staff riII require that the operation be shut down and viliask the City Council to revoke the permit. ATTACII}TENTS 1. I.{eDo from Sr. Engineering Technician dated Augrust 10, 1990.2. Application.3. List of abutting property ouners.4. Reduced copies of grading plans.5. IEtter fron Roger Nnutson dated August 9, 1990.6. I€tter fron Roger custafson dated August 3, 1990.7. Uniforrn Building Code Fee schedule. CITY OF CH[NH[ESEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 ItIEMORANDUIt,I TO: FROM: DATE : SUBJ : Paul Krauss, City Planner Dave Hempel, sr. Engineering Technician /W August 9, 199C Interim Use/Grading Permit for Jeurissen Properly Grading Permit FiIe No. 88-4 Upon review of theInc. dated July 2,following cotnments proposed grading plans 1990, revised July 31, and recommenclations: prepared 1990, r Irlanger in er the by off Site Conditions The site consists of rolling farm land with few stands of harilwood trees adjacent to Bluff Creek and a1on9 the northproperty line. The site is bisectetl by Bluff Creek. As you may reca11, Mr. Jeurissen was previously issuetl a permitfor culvert installation and removal of 21,481 cu. yds. ofmaterial to repair washout damage by the 1987 superstorm. This work has taken place this spring in the area of Phase I. Theapplicant has left the site in a very unmanageable condition withvery steep side slopes and is lacking vegetative cover which has caused. severe erosion fron the spring rains into Bluff Creek which is a DNR protected waterway. Proposed Grading The project is proposed to be executed in five phases. Gratling in Phases 1 anil 2 proposes leveling a large hill approximately 24 feet hiqh in order to prepare the site forfuture development possibilities. The applicant has indicated onthe plans to preserve the existing trees on the site. Eowever,the applicant also inilicated this with the initial permit ( Phase I) but in fact did remove trees along lhe creek banks in order to expedite his excavation operations. The plans propose to stockpile topsoil on the site so that it may be respread at the completion of the project. Grading in Phases 3r 4 and 5 propose shaving the hillside approximately two to six feet. This will steepen the alreadysteep slope conditions to approximately 3 to 1 (30+t). Accordingto the Carver Country Soil Survey Manual, soils in-the areaconsist of the Hayden series. Conrbined with the prqposed steepslopes (30t) these soils are not suitable from an erbsionstandpoint for cultivated crops. The moisture storage capacityis moderately high and runoff is very rapid. Therefore, thepotential exists for severe erosion with cultivated crops. Thesoils manual recommends the area be established in permlnentvegatation, i.e. wooden, pastured or hay crop (see ittachmentN9. l). The applicant is also not proposing to remove any treeswithin these three phases. Paul Krauss August 9, 1990 Page 2 Erosion Control Measures Recommended Conditions The applicant shal1 pay a permit fee in thein accordance erith the Uniform Building CodeNo. 70B, Grading Permit Fees. In addition,of the operation by City anil County staff isthe applicant at a raEe of $30 per hour. The plans propose a silt fence to be installed acljacent to BLuffCreek and at Che toe of the slope along phases 3, 4 and 5.Staff feels due to the potential for erosion and environmentalharm to Bluff Creek that the silt fence should be replaced withthe Cityrs Type-3 erosion control fence. Due to the large numberof vehicles traveling in and out of the site it is recommendedthat the streets be cleaned daily and a 200 foot longconstruction access road be maintained to help prevent trackingof material- out into the county road (see Attichment No. 2). 1 2 3 4 The applicant shall obtain and comply with all permitrequirements by the Watershed District. amount of $787.50(UBC) Tableall inspectionsto be chargeil to Silt fence shalL be replaced with the Cityrs Type III erosioncontrol fence. The applicant sha11 provide the City with security in theform of cash escrow or Letter of Credit in the amount of$30,000 to cover any road damage, maintain erosion controlmeasures and site restoration. 5. The applicant shal1 supply the City with a mylar as-builtsurvey prepared by a professional engineer upon completion toverify the grading is in compliance with the groposeC p1an. Paul Krauss August 9, 1990 Page 3 5. The applicant shalI construct a gravel construction ent.rance 200 feet Iong at all access points onto public roatls. 7. site restoration shall be conpleted on a phased basis before work is al.loweil !o proceed on the following phase. jms Altachments: I. 2. Carver County Soils & Water Facsimile Gravel construction Access u-'l(.u,1.4 q"-z ? q -?-'-t SOIL CONSERVATION SERVICE219 EAST FRONTAGE ROAD tJACoNIAi r,!N. i5387 TELEPHONE 442-31O1FAx 442_5102 J r.l1r, a tJ,t ( e YOUR PRO\,ECT UPDATE SITE FIELD CHECKED SURVEY NEEDED SURVEY COI1PLETED DRAFT]NG R':)UGH PLA STATE COS STATE CC)S FEDERAL C FEDERAL C PLAN OUT DRAFTING RE COI'II4ENDAT IC}NSL'ILL PRESENT TCI THE DISTRICT BOARD ON YOU WILL NEED TO CONSULT (SEE NOTES) NOT,)a ES:l'- i o.d,. e*k - - t I tt- - - s -f- t! c A ROUGH PLAN N DRAFTEDT SHARE FUNDS APPLIED F()RT SHARE FUNDS APPROVED ')ST SHARE FUNDS APPROVED FOR APPR(,VAL OST SHARE FUNDS APPLIED FOR Th I .i ,,, t v S<. -s{eP-'-2 ils€--z o,lo ---4t----4-s-L-{r---uz^Lr!*.i-z--/-"-a*z:*/,t - * -d s f- - - - L4. - -a a jfu - - -YJ - :---L -t- - - - - 7r----1Ls--Llt.bs-r-g-r:yz.-!L4!-,:L-lle.-( s-Jt---lr-^(lha Yt J /,46ou..ta 4- /e n <---'-t (aOo a11 OatJ a-b-e-,t C-(-q.)sJ-ly'-e-.,,lJJ---,L J,c,J. " L '- ATTACHMENT NO.l I L- ---------- eUG- 9-96 THU.lrlgB CVR Clly SOIL AND HZO CON 6l2a42sr@2 p.e5-l DATE FRCr,r: CARVER SOIL AND I.IATER CONSERVATION DISTRICT 8"u r. fr.i r i;r <^ tSaO P,o^<:- T^-- dl"":u" ,"ii *l;1 DATE . AUG- 9-98 THU 11:53 CVR CTY SOIL Ai{D H20 CON 6124425102 P- e5 Euilitlog'rltc SrouP Funbcf $rE Il /For r t\rlL d.tcrlltlon or r lrfDlaS unlt' t"d botl tb' C'tcrtDllsr ot th( 6ee tebre r., p4e !., t?:-?1:Sil'I;Hi:: *"dl[fl]t::"T:'li"':"H- For factr rboug th. alrllnr i!""ion-t.rr.-lng on $s' ?!7 tibP !yrbo1 AI Au 8c 8d lbB Ehc !uD C. ca Clr6 Co C. G. DrA DrD EsA 8!B Et82 E!C DeCz GC B.B llEBaIrc NaC2 HTD Brm ,Lllulaal L8-nd- ---'- At1uvlrl lard' freq Ha;lplng ulit uently fiood,.a-- Dag! Dt- !crlb ed on' crp3b llityunlt, Synbol hee 36 1.3 35 35 38Ir ql!-z ba llv-2VIr-I II9.} 1lv-r IIIc-5 rvc-3 VII..2 Ilu-1fIIv-1Ilv-lIIv-l lflv-r III.1IIt -1 IIIt.I U:r-Lll\s-2 lrte-9IlI.-, lvc-3 ItEDct 6II 0 l. ll EB€ 5l ,I ,Itr to 50 hs1 ?l+ ?1. 7r?!- 7t 73 Bisc6y Lo!4-- -' -" 91ic6y loaE' 3lndy !db!oi), vErlmt'- - Burnsvl:..Lc -lleirden c ccplex,2 to 5 D.lcent !loP'S"'-- 8urrls7ll.1e-lia]'d€[ ciEfi,I'x,6 to It Dercen! aloPe3- Exrnsviile-Hsyden sandy lots s, I? to t8 gccc:tt rt 11 9 9 l+ , 7 9 10 II 1Iu 9 9I I I ]' 2 8 9I E 9I Ell l+ l. l. la lt \3 3' 39 35 3tt3 35 3' 39 38l$ 38 38l.I ,q lo ].1tl 11 13 2 3 3 ]- 1 2 1 IO l. l+ , ) 5 6 1 7 5 6 1.8 5L$ r€ 50 t0 50 ,o ,0 )o ,o ,o 3[ t9 31. 3l+ 36* l.o l.O I.2 r3 )50 61- EfopeS------'-- Eu! Buytsviltr-H.ird,.n lBnaly lol!r!,18 to 2, petc.nt aLoDa! ----.-- ----_ Canlslco tttty clry Clnl,5teo llltY ;laY Colnfrcy ailty clry lo8E-" -" - i-|..i lfrtv clry toarq, fr'1uent1, tlooded-'-' CordoTf !1ItY cIsY tooD" - corAovs l,rd, 'iebster tiltY clay Io8.Ds-"--"-- Daiota and Ba3gct srndy loltrst 0 to 2 Prrcent !1oTeE--- DoL qta and Rasset EaoCY loaJls'2 to 6 Pelcc[t !loPet'-' Es'"h.rYlUe ttnCy ioae, 0 to 2 D.fceat rlopas '- Esthcrvllle srnCy iorr,?to6 Dclc€nt a1o, t1 l2 L2 L2 13 Llr ll+ l5I' 16 15 16 16 5o 5r 51 ,L ,1 ,1 5v 5L 50 ,0 ,o ,o ,o )o ,o t0 ,o $ tt8 50 75 ?r. 7 7,. ?1.f 7 5t ,3 -I )t 73 1e 73 q 731 I r3 73 - Chaehr t{lty clrY loaE-:r'-'-'- as ---------- EsD EsE !aA .rodrit- - --. -: - -'r"itinirr. sandy loao, 1? to 18 Dcrccot !ropc'---""- ist!,ervtue eandy toan, ]8 to 25 lcrc'nt !IoD'r--""'- i.iirr""i" ilrt riraa, :iaa tubsttrtur' 0 to 2 ,?!cent EstberdUc !e:1dY IoaE, 2 tc 6 Derccnt sloDer , erodc{-- Esther'tl]la sanilY 1olo,6to la P.rcent tloDtt"-- ----- Estbe},|'lue 3!ndY ]oae,6 !o 12 DcrceEt tlol)ct, FrB sloDea----------"- tlirbi?an E1].t lorlt sand tubs trrtrE, e to 6 retccnt FrC2 rbA r t6ti L:, \2 l+3 la 5 5 I 1 2 t 9 1 1 2 z 2 2 3 3 2 2 r8 18 18 l.? 19 N 20 20 e0 ao 2L 2L 21 ?o n II!-t * llc-l+ 3, III.-3 3? .1 ^n.r----------F"i;;;; rtLt lorEr lrrrd lubstlrt\e' 6 to 12 Dcrc'Nrt !I6ire!. ergdtl--r"irni""u silt lor8, d..! vatllFg, o to 3 pctcrnt !lsD.3 -------'- - G1€ncoc 3iltY Clry loao---'--- Havd.cD loi6' 2 to 5 Perc.nt lloprs"-------' X.va." fo-, 2 to 6 perccnt !IoPc!, 'roa'd-'xaiaen loao, 5 to t2 Parc.nt tlq)ts '-'- '----- na-veen lora, 5 to 12 pcrceat tloPc! ' 'rc{rd--Hrvccn lcaa, l? to tB ,crc'nt !loDct'---"':----'-""' ;"il;; t.;: le to l8 ;.rc.nt !1oD.3, Gt'oilcd'--""'--- n ra.n ro.., 1,8 to 2, i.rccnt 'loPG!. 6;e{ql-'-------" Xavacn lora. 2, to l.O D.rcc[t tls!ta------"----:--"'- Itrid cn cley loa'!, 6 to 12 ,ctccnt 'loDrs, '6'crefyalodcA- - - - - - -- -- ff"yf"i-i:..y loral 12 to 18 pcrcrnt r1o9c" t'Yar€ly r!odGd.------ --- - t-l IIIV.]. IIa-3 rrc-3 lIIc-? ,l|e-zIV..I Ivc-l' vIe-1 VIIc-!'lfre,ezI nr,r-.-cs 3rve-1 !o 43 -{ J HcD3 YIG.I \2 llooillrnit gouP tvc -3 YIG-2 vIIc-2 L r{ rl H L]ccr 144 51 ET a3 EOIL tiUx \'[] biaDaI I IIll itv II I ol tLp ll;r tlee1,. \r'(,ll (lr-rr ir le'1.iul(lrrr,rli11111 r.\ll n.(\l l(, ItituI ('r-t tt t'otl- l r,,t.r,r,,rirl Iit l ir lrrt)(l(sro lir;fo .,I tr: cleirrte. 'l'is li,,rbirrtcl 't':tlp. ntttl Xiri!lnt lrg rrtl frrt rorstur.e- ris rrIil ri l(.llt' )\ l.r'sl(,c.lr. ,r k'r:tt ulr \'rg?- . (iul- n1a, lo rr. Iirrrr,rlJ rl rrt ltl r, lr, r.r['t ,ttst{t! (,f t,t.txlr,( n.t')r,s. fln,q.I;rl,l. alr. rrr,rrlr,r.rittr ,q't r.tr,lt et.rll L.rl urile 1'l rpsr"ioils rr tc strirerl to lr rilirve r)r ll.rt ll tr.-ttJitl, !t1ri{. 11111t 111$ olrNlo,r llrrziurl is r',lrrt')rt js rrrerliurr r Jlglct!. lrr l'!Iy rl1 t.t.t,llt tltel- rt tr, llr)I stitsrl r rr rrr Itlr',rr r'l,l rri irrrrl ;rrrst11rl(,-.. (iel plirllrl" gl.ilrsOs rl)tlr'e fl.r.( li||t(,,'at'lr,tt;lle rr.i I lr irr .r rlr,ln .)f Jrj i[.ll rr trd lel' rcltll\r)1. \!.t'll(-Oltset|l 1l'(,,,Ii.li:tst r|l erl irr snirtrl t,i lc tr slr.lrl l r glllltr rot l,r,.clearttl. rtrtt r. nlcll tt rt I :rrtLr liulfn. rl lr ,Iorr.ulti\.:rlprl slrnul(l tc. a"frll,l isl erl ir I lrellualleD{Ixtt(nr- ),I ,r'r.irrg. if tiec derl, sl rottltl lp rlr ,lle tll sPr)llg,'ies rnr,i trr ir.slrt 1r,.rl rrrrd rI ron l'r.trlprl to lrritrr / fi;r . !o),Sotrx,lx'rt rrlriiizcrl l- !' I itf,,t e ,!'l'il].:., r.il I I L(, cnllrliil erl r\.itlr e|l l,lc(I lra .stru (:l n t C.! .gurc U._l)tcp nrllr in q1r6an Ioatn ?r0dcd., ,t a0 ti Dcrcrnt rlopl, turtr Llrr,. I'arrrrt.r.,rt al .J l'n -t f;r lfrr arrrl lrr,rt1r, I,,titrrtr,. (;t..lzir riI llllrst '.r(lnr:(,s Illl ili.lrt t ' (..rnlt..r).l trrrrt fi e(l. ,l flge Fer-t lz llrnl Ni ttta tttnr, ttltd irl llt 'l'ht tc rrt. rrith l con!tnel.-cirl rrt txl tttt. ,l;r,.rs lirr ,r. ir I B'!, ,ollr ,slr 'fir'iul. rirl c. l,,r {rnl Istltl tr ttI(l ll r tolnEll irntlli.r 'lrh'. Irr trl tr ii ro ffi,,$$f,f["ftr#,-:i:[.t-#*H*],i],,l,r l'l|(.rII,,t'.s r',ltt x. l|llTlrr ,,1,1 *r,l s!r,,rrl,ltlto rrrriir, ttrrrlrl ll l\'Il,r,rli.kr,rI rr l,r t iniJ llllrl l(t{,c,lirrit',1tu I ,rtrtl.t.l I ltr, ..,i1\;ti; rlsi t r,trs ll!, lrl, arr(l trnrr I ron ll,)til I t'ft r,rr lrt{Id llc\'xlrllil .rrirrlrl rrt'lritnt,.t gl rlr\'- i||t( l .\ rrl,1.t',n.. 'l'ltr. 1tr.1. c,l f(rt':{r': rr ':tur,,(rs. fl(r oilt\ r "l,,,rrIt lrt.ru,rlcrl to r ':rtr l:r, t,li1r1r.d ,ilrFIt "'r{1l?rt,s rrI t lrl,v. s flstllr.r.rl ,i1..111 I ;c rlctll,rl x,rl for n.iLlli fr.. I'lrrnt-ings .I,rrrkl il,Irrrh.rrlrilr I srrl ltr.(.. r1.r I 1,,,r(, rlLir r Iirre,lid( f rlru., litr..i rlr-olir.1,, l1 r,l|l( -r':-lt !4i k . li hr..riuitrrillir, l{-gllrlrc-\. illtrl lll ltstt.s.'Itrr.,.carr }r.;rlarrtr.rl to i11;| )lr,r'(, I ll(. t,--i\r i[g rtrrrll;,OI trr r.r,r t tl l.r ir-,xllll r.r r lt ir.|lt l,rl rIr rtrrl llu, ,l,ri. llf t sr,( I jnl xn,Itou'j;1 i 111-.turt lrrri Capabiltty unit t,tc-z T)ti* rrrrit trrrrx istr rrf lttrr.rrr.rilI..J ln.rrk tr srrrrll. lrnnrsaild*riL ot I lrl ti sr irq.rilk. arrrl I.liili ,rr r', I rr.r.its-'J'lrts,, r.rr!lJ':r:-lr :'ir :': I $"e', aUG- 9-96 ?HU r r .rE trc tlt.nltt,itt(,1\. .Irt'lr {txl sott ,$.l,ll ,,.r,.r..rir-r,ll rlrr, itr,rl. I 42 _------: AUG- :/-:'U I HU I I :}3 t-VH U I Y 5UIL HNI.l HZU UrJJ.I 6L214?-JLI42 1.. l,5 $cAnlEB COuNTr, l4L\':{rSqTA thsses. llnn v ol these orens on tLe f,ood plain are brushyt pes- Caoabllita urut VIt-l- it ir rnit con,;ists of soils of the Hubbcrd aJrtl Rasset *'iii.1'rii".-. l"J'io"oi sands that rre modttrtcly sloping [:i$',fi ifi l[:$$:ai$*ir#"f*y"tfl '"']{Natnral lertilitY ir Iow io verY *tfiri.t. .oit, "r. too ilroughty aqil too erodible to.bq sui,t; oble lor cultivnted crops. The !r"ets norr cultlvtrtec slrouro' "ii,$'giil'o'l::i,ffitl loi| l n, .*r. " nd pnst rtre gtrsses' ::il*$:tLq..',;:#'iii,lif Hf "{}lJ;"r"llii"*'l"il;1'uil;'n".iit"rt lnd Drodr:ces morrr forcgt tfrfln natn'o Dluegr$! ilx#;tm'".1';'?,trTrsllil'L'l',iffi x'iili.t'[ li:',,S 3;;."ii;if. io ugit"uitized rrith ergirteerirrg sturc- :.T*T'll,.ruuitlf;Iiilii{i}r*'}i.':}n:}l,rl;[']; "' t'*s':tl'i';';tmfi tlt,$illtlT ., i,, in g w oodr <.'r,r. or toiontert to n'o-odlnnd the ocrerges tlllt are norv ln cutEr' Capabllitg unit Ylttll .-t'lxi:,li:'H;1,#'sill.'ilttl';:1H'[]IdHi$l F*flii"l,lj,,*Jft1,jhilil[]3sl'lri,fr.* the'ierr. On tle slightli' -elevcted ridges rnd.mo nd3 D6- tretin the chnnnelsithey ore more sd\ndv elrd 0ro oelrer vrlted cr(ltrd Lrtu re- ris Unl corlsrslg o sotls ol den serie:. These to r€.r,steeD the H,.y rrell drr ined,ondmediuosoils lre seep terturPd to motl erirt ely , dee flr.e tured. Perme rbilit Y l8t€r is mocl crtte lymoderste. Th e moisture.sto rtse n{th ccpccity high, Runofi ir tery mpiil, a 6 erosloll hoztrd is verY tolf;f""" .oit. sre nor Euitrbl6 lor cultitateil crops. Areos ".i' ""i t ii'ii.a should be eetnblishetl -in P(rmsnent v€ge' intion. and rrooded or prstured sreas shotllq noi be cletrco'-- Thpse soils cnn be used lor hay cmP! and ptstrrre' rlxrn' i[llir.ff il{rir'[iHl*l1tri1fi li;ffi i$,r*t ;$,'lgf, l,.i:'ffi .f.f f*tx1"$1,t,1';lolli,'i',1i..,'^" Itfl[Hl\ix'.tt'it: $,ll']l::d'*: i:'}li*tl ifi Ithffi-L .oit, are rrell suiterl to trcee' CapabllitY unit VlIe'Z Thir uniL conrists of Brrrnsville'Hlyden.-snntly loamr rnil r .sr,il ol the Esthen'ille selies These soils oro moder' Jr.il'!,i;;'i; ;t;r, o*i.o*u.tht* elccesively drn'ined' The 3'l1l"Irl'i#lJ.',ffi .'ghn:rr'Jlttlll":"ix'itli^T; ond crnrel pit'hin o depth of 24 ineJrQe Au.ors (rorgntt' I',x"tlmi;':^"rx"nllfilfi'I.'f,r'rll t"fll".p3il3'i::'i':I hozrtd. is vetr seva!€.".iffi;ii "* ioo droucbty a4d loo *v.erely e-rodetl to bc ruitnble for culbivoted irops. They csn bc userl for hq crops nnd pcsture, but it ir tifficult to 'nArnloln o g@c *filT:tii".'"tl nasturpil, it is most important to prov€nt :ir&"rus;lprmJJ$ir,H:li,'i"'LT"t.iPJffa*I[. bility uttt VII*ICa hmrl,und noodcd. N o Fz (a ce =.!o E k 0 a 6 $D (to rI$\c 9 oo, h,'o o0o, 6" Hlnlmum------ Coarse Aggrega te GRAVFI CONSIRI'CI IOI{ INIRANCE /) '/ I l I I / IIIIIIL.I II APPLICATION FOR EARTH I.IORK PERHIT This report the Ordinance No. shal I contain: ". is desi gned to anEwer 128, Section 7-35: E. questions set forth in appl i cati on for Permit fol lows. The North ?6, Fwp. 116 N, Rng. 2. the "An 1 ? U!{NER! Bruce Jeur i ssen 15OO Pioneer Trai I ChaEka' l"lN 55318 Legal descriPtion of the ProPertYblesl 1/4 of the North lrlest l/4 ol 23 W. Chanhassen TwP. OPERATOR: l,langerin Inc. 861O Harriet Ave. So. BI oomi ngt on , l'lN 55420 lg as Sec. - 4 11. A certified abstract i5 attached aE attachment No' 1' A proposed Grading Plan is attached as attachment No' The purpoEe of the operation is to provide a ,nore accessible area for croP lands. The grading work r^rill be done in phases, see grading Plan for locationE. The restoration to th"s" 'areas r",ill siart as the L'or k for the next Phage be- gins, and uill be completed before the following phase uill Uegin. The excess material raPproximately l90rOOO cubic y"ia= for all Phases, will be a silty clay and will be Lxported off site. The topsoil vill be respread to Provide for a good croP bage. The estimated time to complete all the phases is 75 uorking days. The hours of operation uould be from orid August to mid December, l"londay through Saturday 7:OO am to 6:OO pm' a aerial survey. A of removal by owner are no treeg ui thi n B Trees are located on the drawings frorn small brush roL, that Lras in the Processwill be renoved by ccntractor rbut there the area of exc avat i on. 9. The end use Plan is covered in item No. 5, and item No' 13' 10.The plan of oPeration r,rill be to load trucks with a track or 'Jheel type loader. There is no Processing necessary' The travel routes for the trucks uill be Co. Rd' 14 to Co' Rd. I to U. S. Highway 169- t',le ui I I be using anywhere f rom 3 to 16 truc ks. l:. Erosion control will be of silt fence tyPet 1 see grading E. 7 plan, attachment No. 21 for locations. All areas will beseeded with I'INDOT seed mix * 5, Blopes of 3:1 and greaterwill be mulched and disc anchored. Areas restored after thegrowing season lrill be dDrmant seeded for spring groLrth.Dust control wiIl consist of watering hall rourtes if deemed nec essar y. 14. 18. 17. The existing grades prior to excavation is as indicatedattachment No. 3. The final grades are as indicatedattachment No. 4. The topsoi I stockpites are shown ongrading plan, attachment No. 2. on on the I'le will comply r.,ith all local, and applicable rtate andnationaL codes. An envi ronmentalsary at meet i ngtin l"lay, of 199O. assesEment uor ksheet r,ri th City officials,was deemed oLrner, and not neE eE- contr ac t or hlEt I ands are shor,rn Dn di sturbed areas. the grading plan. No wet lands in the This should provide everything discussed at the above ,flen-tioned meet i ng. Brure Jeur i ssen Land Ouner David Si me General l,lanager T.'ANGERIN INC. ...r XoELRUSCB SCOTT/CARVER ABSTRACT CO. ize rnsr TETRL AvENUB P.O. BOX 355 sBAtroPEE, Ir]INESOTA 55379(6r2) lts-l050 According Recorder,of osner s property: to the records ln the Carver County, llinneao ta lying within 500 feet of Office of the County the following is a list the follo{ing descr ibed The Northwest L/4 Township 1I5, Range the Northwest Carver County, L/4 of Section 26, uinnesota.of 23, Frank Fox 27990 smithtorrn Road Excelsior, llN 5533I cilbert P. Laurent 13 71 Pioneer Trai I Chaska, ttlN 55 318 Lowe1l W. Peterson 15900 Ewy. 169 Eden Prair ie, l,lN 55344 Dated this 29th day of uay, 1990 at 8 a.m. Wa eKo r usc Licens stracter wK/bjr Attachment * I Bruce Jeur issen 1500 Pioneer Trail Chaska, IrlN 55318 cayle and Lois Degler 15 30 Lynan Blvdl . Chanhassen, uN 5531? I 1 Isxolltoiloc 9]tlrstx3 <L<. tt , t t t t t t L t I I I I I I I I I t! a 3 \ ItlIIl llllll I ... I I )) ...-.- I I ,l l ll I I I ,! t l- t t t t illl Iz I tl!!ril!lriiri lE i iI IIII i-- I II I I I I I I I a tI I II ,,I t I It I l I II I I I I I \ i E t IIlIIIIPROPOSED GRADIIIG PLAN\ Li I It t,{ I f.--- I I fi llI T T t I I _{- E I I lilllrtIIIlI T--z--E- I t FIHAL GRADIilG PLA]Ib!{E I !!E o. ! CRMPEELL, KNUTSON, SCOTT & FUCHS, P.A Rug 9,90 8:27 No.001 P..02 C'AM PBEI-I-, K nv L ]TSON,& FL'CHS, PA. Atttxrxys at La,r (612) 156.9519 tax (612) {5l!95{F TIr,mas I (irrrrl'lrll Itr*s N. Xrrutr<rtr'llrrrls M. Scon Ga4' Ci. l:trhs Jamcs l( Wrrl,,ton Llh'rr Il Kncrsr:h Orcgrrl L). [t*is l)rnnis J. Lhlrer you asked ne to revler^, the Jurissen nining pernit that wasoriginally issued on Arag€€t=s r+e+O to determine if the Cityacted j.nproperly. The Pernit wa6 lssued for excavation of 2L,AALcubic yard6 of naterlal for "installation of culvert across EluffCreekr'. The Permit vas improperly issued ulthout City Councilapproval. As I underEtand the facts, more than ZLrABl cublc yard6of naterlal uas excavated. I do not knos of any legal theory under which Jurissen can successfully Bue because city staff diitnot administratively lssue a pernit for additional excavatlon.Staff had no authority to extend or enlarge the scope of a pernltthat should never had been issued, August 9, 1990 VTA FACSII{I IJE TRANEI.IISSION Mr, PaUl Krauss Planning DirectorCity of Chanhassen 690 coulter Drive, Box 147 chanhassen, llN 55317 Re: Bruce Juri ESen Mlnlng Permit Dear Paul s v yours , cAl,t BELL soN, scoTT & er N. Xnu son RNX: r1t B )hnkcc Squatr: O(ice lll . Suite 202 . 3460 !0?:rshingtrn [)rirc . F.agur, MN 55122 , P.A. R(o August 3, 1990 FROM: SUBJECT : Road : Segrment: cost: Des ign : Assunption : COUNTY OT CABVIB CSAH 14 (Pioneer Trail ) TH 101 to East County Line 5350,249.46 (crading & Paving - 1989) 6NL8 of 289,575 (2O Years - One Lane) CARVER COUNTY COURTHOUSE 6q) EAST 4TH STRE ET CHASKA, MINNESOTA 553I8 RECIIUED AUG 0 6 i990 CITY OF CHANHASSEN TO JoAnn Olsen, Chanhassen Senior Planner Roger Gustafson, County Engineer Chanhassen 90-1 Interin Use Pernit ROAD CONSIJUPTION COUPUTATI ON 200, O0O Cubic Yards 20 cubic Yard Loads (5-Ax1e Conbination Trucks )Loaded Truck ,N18 Factor = 2.3? Enpty Truck € 18 Factor = o.30 Allnnotiw Acl@n/Eq|J,,l Oryortuaity E',.doyet PUBLIC wORKS DEPARTT,IENT (612)44a.12r3 In response to your memorandun dated JuIy 30, 1990, regarding 100,000 cubic yards of maleria1 to be excavated from the BruceJeurissen property, the followinq connents are made: 1. It is understood that the updated quantity of rnaterial to be excavated is 200,000 cubic yards. 2. The haul route in Carver County is proposed to be CSAH 14(Pioneer Trail). Hauling of this magnitude is notincorporated into the typical cornputations for the 20 year design life of a roadway. The premature consurnption of thecounty's investnent in CSAH 14 is of concern. Using therecent upgrading of CSAH 14 east of TH 101 as an exanple, thenagnitude of road consunption is described by the following computation . i + - Road Consurnption Percentage 20 c.Y.,s Loaded Trip L Empty Trip ?-q!Z-q-q----U-q5 26.700 € N18's (HauI Inpact) 5't9,L5o {}{18's (Design Loadings)__4-_61_t_ 3 4 - County Investment Consurnption S35o ,24s.46 ( construction cost) x 4.61t = S1-6-jlJL6lO The above computation represents approximately L/2 the length of CSAH 14 proposed to be used as a haul route. Based on the road consunption that wilL result from thisproject, it is reconmended that the city and county rnutually consider the inclusion of a road inpact fee payable to Carver county as a stipulation of the earth uork pernit'. Legal review of this reconmendation would have to occur before fornal consideration by the city council. Further, a bond ln an anount to be specified for danages to the road that are unforeseen and beyond the linit of the road impact fee is recornmended as another stipulation of the pernit. Applying the previous conputation apProach to the entire county nighway segment rrould result in a haul route inpact fee of approxirnately $0.20 per cubic yard of naterial hauled on csAlt 14 . After you have reviewed this memorandun and discussed it with other city slaff , please contact ne for the purpose of explaining the next steps to be taken in considering a haul route inpact fee for this project. Dick Sto1z, county Adninsitrator PauI Krauss, Chanhassen City Planner 5 6 cc: Conputation : - Truck €N18 (200,000 C.Y.'s) x l00t = C a ET aot 1I m mao -.! mg Cl-m 50 cubic yards or less 5l to 100 cubic yards l0l to 1000 cubic yads--.'-$22.5 0 for thc first lfi) cubic yards plus $ 10.50 foreactl'additional 100 cubic yards or fraction ther€of. l00l to 10,000 cubic yards-.$ I 17.00 fo, the first I,000 cubic yards, plus $9.00 for each additional I ,000 cubic yards or ftaction thercof. 10.001 to 100,000 cubic yards-$198.00 for thc first 10,000 cubic yards, plus $40:50 for cach additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or moro-$562.50 for the first 100,000 cubic yards; plus $22.50 for each additional 10,000 cubic yards or fraction thcrcof. Other Insp€ctlons snd Fces: l. Inspections outside of normal husiness hours (minimum charge-two hours) 2. Reinspection fces asscsscd under provisions of $30.00 per hour2 Section 305 (g)$30.00 per hou12 $30.00 per hou123. Inspections for which no fee is specifically indicatcd (minimum charge-one-half hour) rTtc f.c for e grrd:ng;.rrmit authorizing sdditional work to $at undcr a valid pcrmit shsll bc thc diffcrcncc bctwccn thc fcc paid for thc oriSinal Pcrmit and thc fcc shown for thc entire Piojcct. 2Or tha total hourly cost to thcjurisdiction, whichcvcr is thc 8tlatest. This cbst sh0ll includc suPcrvision, ovcrhead, cquipmcnt, hourly wagcs and frinSc bcncfits ofthc cmployccs involvcd, 87s $15.00 22.50 trlr tt rlr I ltol ,".J ;'arol .., irc [l 9,00[ icyd plus] )0 fq cach additional 10,f00 yards or fraction thcreof. I 100,001 to 200,000 cubic yards--$ 165.00 for the first 100,000 cubic yards, plus $9.00 for each additional 10,000 cubic yards or fraction thcreof. 200,00 t cubic yards or moro-$255.00 for the first 200,000 cubic yards, plus $4.50 for gqgh additional 10,000 cubic yards or fraction thereof. .. .,..:.. Other Fees: Additional plan review rcquired by changes, additions or revisions to approved plans . . : . . . . . . ...:.r,r..: .... ' $30.00 per hour* (minimum chargc----one-half hour) rOr the total hourly cost to thejurisdiclion, whichever is the SreEtest. This cost.shall include surr.)rvision, overiread, equipment, hourly wages and fringc benefits of the employees involved. .. : _, TABLE NO. 7O.B-GRADING PERMIT FEES' CITY OF CHINHISSEII STAFF REPORT PC DATE: CC DATE: CASE #: By: 8/L5/90 e/Lo/eo 90-3 ruP Olsen/v Fz () =(LL InteriD Use Peruit for the Filling of loo,ooo yards ofFi11 Southeast corner of Hwy. 101 and pioneer Trail located onthe Halla Nursery Site ' PROPOSAL: APPLICANT:Don Halla Ha1la Nursery 10000 creat Plains BIvd. Chaska, MN 55318 PRESEIIT ZOI{ING: ACREAGE: DENSTTY: AN'ACENT ZONING AND I,AND USE: WATER AND SEWXR: PHYSICAL CHARACTER.: 2OOO I,AND USE PIAN ! A2, . Agricultural Estate Approxinately 1 acre Not available Agricu).turaJ. A2 i HaIIa NurEeryA2; single fanily residenceA2; future single familyA2, Balla Nursery N.s-E-t{- The site is located within the Ilalla Nursery where there is a deep ravine rrhere a dan has been placed to create a sDaII holding pond. k(o lIJh U) IOCATTON: AIL C3 "r Itxl>p*l .K.6Vrl..JE '..7r)/.td.vt LAKE NE tt t L C f a A2 c t roo0 80c 900 cr Y OF SHA XOP EE t?oc _-_-__-_J__ ntcE ..----.-.....- ?v( ------- t,oo Ha1la Interin Use Pernit Augnrst 15, 1990 Page 2 PROPOSAL/8I'U}TARY The applicant, Don Halla, is requesting an Interim Use pernit toallow the filling of a ravine sith approxinately tOO,000 cubicyards of fill on the Ha1la nursery site. The ravj.ne isexperiencing high erosion and is unstable. past action tostabilize the slope/ravine has been to install an earthen dam andholding pond at the top of the ravine. The dan and retention areairere developed . by the applicant over the years uithout Cityinvolwenent (which nay not have been required at the tine). Thadam is used to create an impoundment that releases water at aslorrer rate via a culvert discharging at the bottom of the dam.The recent rains have weakened the earthen dan. The applicant uasissued a permit, ad'inistratively, this summer for les-J than 1,oOOcubic yards to temporarily stabitize the area, since the dan was indanger of collapsing. The fnterin Use per,it application process required by the ne!,ordinance is very. detailid and reluires exten;iv; -if."l andnarrative. The subj ect app].ication is-lacking l[uch of thi requireddata. Due to the need to stabilize the area, staff is proc6ssingthe apprication, detailing what is stil1 required and reionnendin{Planning conmission approval conditioned on ieceipt of the conplet6subnittal requirements prior to city Council revier. The inmediate desire of the applicant is to gain approval to filrto stabiLize the exi,..ting dan and srope arei. Th6-appricant hasstated that the full pernit application will be fof -a total of100,00O cubic yards. This nu.nber is not exact and nay actually beless than 1o0ro00 cubic yards. one of the reasons vrr| trris nurnberis not exact is because the applicant is also proposi'ng io use trresite to durnp organic naterial io further fill i; tle raiine.- statffeels that it is necessary to stabilize the existing daro and tostabilize the slope.directly to the south of the dan-. The plansprovided by the appli.cant showing the extent of fill is beyond whatis necessary to stabilize the srope and dan. This is not'suitabreas fill material in that the naterial decays and the soil thensettles which is a najor factor in further -erosion probl.ens andunstable slopes. For this reason-, staff is in favor o-t filling asrnuch as is necessary to stabilize the sLope and dan buL thatanything- beyond this should not be pernittEa. The applicantrsplans will need to be revised accordingly. The app-licant t s. proposal indicates that filling uill take placeover a long period of tine. Staff rrould prefer to get the pr'oj ectconpreted as soon as possible to rinit e-nvironnenti arra oii-irt"inpacts. However, since this does not appear to be posJiUfel-statfis :ec_onmending that the appricant teip-orariry reltoie tlie siteeach fa1l rrhen the dunping of fiII il conpt-eted and that theapplicant provide an annual as-buirt surve| by a profesiional HaIIa fnterin Use Pernit August 15, 1990 Page 3 engineer showing the progress of the project. This viII altowstaff to know exactly how nuch fill has taken place and how nuchfill is left should a pernit be requested for extension. It willalso ensure that the dam is being stabilized in a responsible nanner. Tenporary restoration each year uill leave the slte in a stable condition during the vinter and spring Donths. A series ofconditions is being proposed to mitigate ir0pacts to the extentpossible. staff is reconuending that the request be approved subj ect to appropriate conditions. BACKGROI'ND The subj ect site has a holding pond with an earthen dan at the top of a steep ravine. According to ur. Don IIaIla, the earthen dam t,as engineered by the Soil Conservation District and buiLt by HaIIa Nursery in 7-972 to hetp control erosion which was expanding the size of the ravine. In Novenber, 1982, Ur. David Halla requested the city to grant a filting perroit to fill in several ravines on the nursery site (Attachnent #1). In reviewing Engineering files,staff was unable to find if a filling perrnit was issued by thecity. staff was recently contacted by Mr. Don Ha1la to continue filling and to reinforce the earthen dam. Upon inspection of the site, it was apparent that the earthen dan has been weakened severely by the recent rains and staff adninistratively approved a grading/fillpernit for up to 1,ooo cubic yards to stabilize the earthen daD (Attachnent #2). The adninistrative approval was conditioned upontlr. Ha11a applying for an Interin Use Pemit for the renaining fill needed to stabilize the slope of the ravine. COI{IIIENT,/REVIEW The applicant is proposing an interin use pernit for 100,000 cubic yards to fill in a ravine located on the subj ect nursery site. Thefollowing constitutes our review of the request. The discussion isdivided into sections consistent with standards required by the ordinance. SoctioD 7-35 - Earth forl Pslritg Tb€ ordiaaace requl.rea aD appllcatl.oD to go througb I procsssririlar to th. coraltiolal us. pen:lt for rnythLag ov€r IrOOO sulrr.cyatds ot uaterial. I colpl.toA applloatloa for a penl.t rurt ooDtar,a aoyarrl forls of LDfoaaatl,o! listcd ulder SectioD ?-35 ofths SoDiDg ordlD.lce. Halla Interin Use Pernit Aug\rst 15, 1990 Page 4 7 -35 7-3s (8) 7-35 (e) FINDING The subnitted application was inconplete in that it did notprovide the fotlowing required infornation: (7t Hours and months of operation. fn a letter fronthe applicant, he states that the hours ofoperation wilt be the sane as the hours of thenursery business. Staff is still reguesting thatdetailed hqura, days and months be provided by theapplicant. The ordinance (Section 7-ls a1 liuiteshours of operation to 7:00 a.D. - 6:00 p.D., tlonday- Saturday. This will also apply to the Hallaapplication. If the City Engineer deternines thattraffic conflicts result due to rush hour trafficflows, the hours of operation will be appropriatelyrestricted. In addition, no fraufing wiff baallowed during next yearts U. S. Open Tournanentevent. A tree survey is required locating and typing alltrees over six inches in caliper. In hii- leLter,the applicant states that no trees wilt be inpactedby the- proposed fill (Attachnent #3). Uponinspection of the site, staff sau that there wLretrees within the ravine which viII be inpacted bythe filling if the rnore extensive filling iequestedby !h" applicant is aLloved. Therefore, the lpplicant rnust provide a tree survey indicating thelocation and the size of the trees within the-areaproposed to be filled. fhese trees trees witl berequired to be replaced as part of the restorationplan which rill increase the stability of theslope. The applicant Eust provide a landscape plan andinterin screening p).an for the opeiatiin. Asstated above, staff feels that sone of thevegetation within the ravine Day be rernoved if theapplicants more extensive fitting proposal isauthorized. staff is reco..endin6 that a norerestrictive ptan be required that rrill elininateDost, .if not all, tree damage. An interinscreening plan for the operation is not necessaryfor this application since the site is wetiscreened by existing vegetation and is surroundedby the nursery. The applicant is required to provide travel routesto and fron the site and the number and types of 7-3s ( 11) Halla Interiu Use Pemit August 15, 1990 Page 5 trucks that will be used. The applicant has given sone general infornation on where the fill will beconing from but has not provided detailed infornation on the nu.nber of trucks and l,hat road and access they will be using. This infornation nust still be provided. staff will be reconmendingthat only the existing access off of co. Rd. L4 shaLL be used for trucks entering the site. 7-35 (L2) The applicant nust provide plans for drainage, erosion control, sediuentation and dust control. The applicant has not provided such plans. Dust control sil1 not necessarily be reguired for thisapplication but the reroaining plans must beprovided since drainage, erosion control and sedinentation are a large part of this application. 7-35 (13d)Reguires the grade of all slopes after restoration and description of the type and guantity of plantings for revegetation is to be conducted. Thefinal plans providing this infornation must stillbe provided by the applicant. Staff will be reconroending that a grade not to exceed 2!:1 slope be provided as part of the finish grading plan prepared by a professional civil engineer. 7-35 (13e)Requires provision of criteria and standards to beused to achieve final restoration as well asinternittent stabilization. This infornation nust also be provided. 7-35 (14) Requires a statenent idlentifying the applicants program to ensure conpliance with the pernit conditions. staff is recornmending that a professional. engineer design the grading plans andplans for stabilization of the dam and that aprofessional engineer inspect and approve the Eite inprovernents. tlbe orditrarco Btat.B that p.raitt fo! catthyort b. reD.r.d lrl' thocit, ErglDeor olr aD .ltrual basir to facll.l.tate coupll.anor ul.tb coEAl,tiols of rpproval. TINDTNG The applicant is proposing to stage the filling of the ravine over a five year period. ?herefore, the applicant irill nost SectloD 7-38 - lDDuaI Pet:lltB likely be reguired to receive renerral for the earth workperroit over the next five years. Each request for renewalwill al1ow staff to deternine whether or not compliance riththe conditions of approval are being net and if additionalconditions are required. SoctioD 7-a0 aDd 7-41 troea alrd trett.r o( Csodit IIaIla fnterin Use Pemit August 15, 1990 Page 5 aoctloD 7-tottrat rill b6 approval. aail 7-12 providca fot r! Lrrcvocable lott.r of croaltroqulrsa to .Daurs oonplieace yith ooadltioaa of FINDING tho oraliDance requirea lsDcLtg tor arsas uhlch ultl bo aotrv€rtsd toste€p gtaa.B or rhe!. oa rl.tc poDAiDg crl^gtg Lf tho coulaildeteniDes that a safety hasard erl.ata. The City has adopted the Uniforr BuiLding Code which definesthe schedule of fees (UBc Tab1e No. 70B Grading pernit Fees).In this instance, following the UBC Code, the ipplicant shai.Ibe reguired to pay a pernit fee based on the amount of fillplaced. In addition, staff tine utilized to nonitor andinspect the operation shall be bitled back to the applicant ata rate of $30.00 per hour. staff is also recommenaing that a 91O,O0O letter of credit be requlred to ensure conpliance rrithconditions relative to site inspection, naintenanct of erosioncontrol, preparation of reguired plans and site restoration. SectioD ?-t2 - Sotbactg Tbe ordinance requires that a setbact o! 1OO feet fro[ erlatiagstr€et rights-of-ray aDal 3oo feet frou adJolaiDg property llnea bir€quired for nining activitles. FINDING Since the applicant rsi11 not be nining naterials but ratherfilling a ravine which sil1 not be extended beyond its currentboundaries, setbacks of the nining ordinance do not apply.. aectioD 7-lt - Bcnciag FINDTNG Fencing is required under certain conditions of a niningfacility. Again, since this application will not be niningnaterial but rather filling in the area, the fencing elenenf.is not required. Staff is recommending that a qatL with a FTNDING As stated previously, proper restoration plans have not beenprovided by the applicant. Such a plan nust be provided rhich Hal1a Interin Use Pernit Aug"ust 15, 1990 Page 7 lock be placed across the drive servicing the area to preventillegal dunping of fill and to prevent people fron enteringthe site which in its present state could be dangerous. Theapplicant shall construct a gravel entrance 2OO feet long atthe access point onto Pioneer Trait (see Engineering Ueno). EectioD 7-11 - lppaalaDca aDd Scre€DiDg llbe ordiDaDce requi!€s that tho vlaual Lnpact ol gradilg atd aDdlliriDg operatioua ba niailired ead that ubore D.caasary, acreeailg be provideil. FINDING The 7 standards under Section 7-44 apply to all operations and where applicable to this application shall also be enforced as a condition of the interin use pemit. Section 7-44 a, b, c,d, f and !t apply to the Halla application. As stated before,the city has deternined that screening is not necessary withthis application, therefore, e. is not requlred. 8€ctioD ?-15 - Operationa, Nol,se, Eours; Explosives, Dust, fateE,Pollutl.or, !!op SoiI Pr€aervatioD uaxinun aoige lovels are Deasured at the perlnater of the sitesball be yithin lluitg set by the llPcA and by tho Sedoral BPl. FINDING Section 7-45 lists standards that Dust be net for anyoperation. AIl except (i) apply to the Halla application. Subsection (i) requires paving and other irnprovenents tocontrol dust and nininize tracking of sand, gravel and dirt onto public streets. Since fill is only going to be broughtinto the site and it will not be ttrat large of an operation,staff feels that paving and sweeping of the private internal roads is not required at this tine. Should the City find thatthe operation is resulting in dust and tracking of aand,graveL, etc. onto public streets, the city has the right torequire the stated inprovements under subsection 1. SectioD ?-a6 - nostoratioD Standardg tlbo ordinaDca requires that . Bite restoratloa plan be provid€d forCity approval. Halla Interin Use Penoit Augrust 15, 1990 Page 8 Deets the standards listed under Section 7-46. CONDITIONAL IraE PERUIT,/INIERIU IrSE PERI,IIT SIANDARDS |[b€ i!t.ri! u3e p.rlit 3t.t€s that the per[tt rurt also le€t thegelsral staDdards lor a ooaditloaal use perEit. lfhe folloriDg lsa reviey ot the appllcatloa il ter:ue ot tho gaaeral coDalitLo[al usepeluit Btaldarda. 1. ,111 Dot be iletrineatal to or .DhaDc. tbe pulrlicBafaty, coDfort, coaveaience oa getrgrrl yolfata lolgbborbood or tbo city. he81th, ol the * * 2 3 What the applicant is proposing to do witl actuallybenefit the public health, safety, coDfort, convenience and general rrelfare in that it will be stabilizing a dan area and the slope where there is the potential for largedanaging erosion and uashout. The applicant isrequesting approvaL of additional fill to fill a portionof the ravine beyond what is necessary to stabilize thesite. This would be rernoving a natural feature and usingfill which may not be stable which is not beneficial tothe city. IlIl bo coasistcut ulth tho obJectl.vea of tho cityrg conpreLeasive plaa aDA tbis chaptsr. Allorring the applicant to stabilize the area isconsistent with the obj ectives of the Cityrs Courprehensive Plan. The applicant is aLso proposing to go beyond stabilizing the area and use it as a fill sitefor debris such as trees and other materials. Allowingthe site to be used as a dump site is not consistent rriththe objectives of the Cityrs conprehensive P1an. flll b€ desl.gaed, colstruct.al, operatoa aad rllDtahod !o tobs co[patible ln appearatrco rlth tho oilsthg or lateadedlcbaractot ol th6 gsDsral vlchl,ty and rl11 not cLaDge thoosreltlal charactor of that ar.a. *The applicant, by stabllizing the dan and slope and thenvegetating the area with ground cover and trees wiLl benaintaining the area so to be conpatible in appearancewith existing and intended character of the generaLvicinity. Again, using the area for dunping additlonalnaterial beyond what is necessary wiII not be conpatiblerrith the surrounding area. The applicant has receivedprelininary plat approval for subdividing the subj ectproperty into single fanily lots. The single fanily lotswere designed around the existingr ravine and by roaking HaIIa Interim Use Pernit Augrust 15, 1990 Page 9 I the inprovenents to the dan and stabil,izing the sLope,the area wi1l remain conpatible to existing and futureuses. If the area is allowed for the general dunping ofnaterials, this will not be conpatible with the futuresingle fanily Lots and it sould further renove a naturalfeature that was designed into the subdivision. riIl Dot be Dazardous or dl,stutbing to orirtiDg or plaIr€d Dol.ghboriDg us€s. *I{hat the applicant is proposing to do uiII actuallyprevent dangerous erosion fron the existing or planned neighboring uses. Any filling beyond what is necessarywill be disturbing to existing and planned neighboring uses. 5. 7.fill trot iavolve usas, activitles, proceas€8, Eaterials,equiphent rnd coldltious of operation tbat rtll bi detrluentaito aay persoDa, property or the geaeral uolfare becauae ofercessive proaluctio! of trafflc, aoise, aEo},s, fuBes, glrre,odols, rodeDts, or trash. * The City Code regrulating excavating, roining, filling andgrading provides enough standards and conditions 6hichwill le applied. to this application to prevent theoperation fron being detrinental to any persons, property fiII b€ serail ad€quately by essential publlc facilltles aadsenicas, ilcludiag str.otr, pollca a[d fire protectJ.oa,draiaage structures, refuso diaposal, uater aad seier ayaters aDd Bchools, or y1.11 b€ 8erv€d ad€quatoly by such facllltiegaad services providad by tbe persoDs or ageacLea responsLblefor ths establishDotrt of tho proposeA use. * The application does not result in the need to be servedby public facil ities. f,ll1 Dot creato cxcessive reguireueuta for public facllitlegaud services aDd yiII Dot be datriueatal to the ocononicY€1far6 of tho connunity. * The application does not result in excessive requirenentsfor public facilities and services. There is apossibility that trucking naterial on and off the sitecould result in debris left on public streets and even damage to the structure of public streets. Staff will berequiring a letter of credit to cover any of thoseunusual expenses and the Uniforn Building Code allows theCity to charge the applicant g3O/houf for inspectioncosts. 5. Halla fnterin Use Pernit August 15, 1990 Page 10 or general rrelfare due to traffic, noise,etc. Ttre standards wiII be part of the approval . snoke, fu.ues,conditions of 8 9. * * fill bav. vohicular approrchca to tho proporty uhicb do Dotcrsato trrlflc coDgsstr.oD or lDtonfsr. rltb trafflc or aurrouadl,ag puDuc thoroughfar.B. The applicant will be providing a traffic plan showing where the trucks will be entering and leaving the slte and what routes they rill be taking, in addition to thehours and days of operation. This will altow staff toguarantee that the operation will not create trafficcongestion or interfere with traffic or surroundingpublic thoroughfare. fill not result ia the alestructioD, loss or atalage of solaraccess, aatural, gcenic o! historic featuroB of ruJorsigni flcance. The existing ravine could be considered a naturaL featurewhich should be preserved. Again, staff is in favor ofthe daro and slope being stabilized but extending fill beyond uhat is necessary would be renoving some of thenatural features of the site which rrould be better leftundisturbed. 10. riII bs restbotl.cally coaprtlble rith tbs arc.. Anything beyond stabilizing the dan and slope t ould notbe considered aesthetically compatible with the area. 11. fill Dot depreciate auEouadl,ag prolrerty valuer. Activity beyond stabilizing the dan and slope area is notnecessary to support the proposed single fanily lots approved as part of the Halla Subdivision and removingDore of the ravine than necessary could depreciatesurrounding property values. 2.2 .riII Dsat rtaDalards prcrcribed lor sertal.a uaoa r3 provided Latbl.g artiolc. * * Ihe conditions that etaff sill be reconmending inrelation to the nev mining ordinance will result in theapplication Deeting the standards prescribed for this use. * Halla Interiro Use Pemit Augnrst 15, 1990 Page 11 CONCLUSTON The existing situation with the dam and slope is such that irnrnediate action should be taken. The l,OOO cubic yards adninistratively approved by staff has helped stabilize the areabut further filling is required to conpletely stabilize the slope and allow the site to be restored. For this reason, staff reviewed and processed the application even though it is inconplete. The inforrnation provided is enough for staff to deternine that thefilling proposed goes beyond what is necessary to stabilize thesite. Staff will not recounend approval for the extent of fill requested by the applicant. Staff is recommending approval sithseveral conditions vhich will reguire a conplete application for review prior to city Council action, will linit the anount of fillto only stabilize the dan and sLope and will ensure all requirenents of the Zoning code are ret. RECOI.{}TENDATTON Staff recoDmends approval of the Interin Use Pernit #90-3 for Hallaapplication with the following conditions: 1. The applicant shall provide the following infornation prior toCity Council approval, to couplete the application: Hours and nonths of operation. A tree surivey locating and t)rping trees over 6i incaliper. Landscaping plan indicating replacenent of any trees over 6rr cafiper removed as part of the filling. Infornation on travel routes to and from the site and the number and tlT)es of trucks that will be used. Plans for drainage, erosion control and sedinentationprepared by a registered engineer. A plan providing the grade of alt slopes afterrestoration and a description of the tl1re and guantity ofplantings for revegetation to be conducted. The grade isnot to exceed 2l:1 slope and a finished grading plan mustbe prepared by a professional civil engineer. Provision of criteria and standards to be used to achievefinaL restoration as well as interDittent stabilization. Grading plans designed by professional civil engineer forthe stabiLization of the dam. 2 HaIIa Interiro Use PerDit August 15, 1990 Page 12 7. Al.1 equipnent and tenporary structures shall be renoved and disroantled not later than ninety (90) days after tenminationof the extraction operation and expiration of the pernit. The follorring standards shal1 be enforced for operations,noise, hours, explosives, dust, vater pollution, topsoilpreservation: Noise levels stenming fron the operation are not to exceed I,[nPcA and EPA regulations. If the city deterninesthat there is a problen warranting such tests shal1 bepaid for by the applicant. Hours of operation are lirnj.ted to 7:00 a.m. to 6:00 p.8., uonday through saturday and prohibited on nationalholidays. If the City Engineer deternines that trafficconflicts result due to rush hour traffic f lorrs, the hours of operation will be appropriately restricted. Noactivity wiLl be pernitted during the U. s. open Tournanent. All haul routes to and fron the site shall be approved bythe City and shall only use streets that can safely accoromodate the traffic. The restoration plans provided by the applicant shall neet the standards of section 7-4 5. Erosion controL shall be installed prior to the start of anyactivities. Failure to maintain erosion control viII resultin revocation of the permit. 3 4 8. - Inspection and approval of the site inprovements by aprofessional civil engineer. The applicant shalI have to pay the penoit fee in conpliancesith the Uniforn Building Code Table #70B. The final anountof the fee will be deternined once the final anount of fill isdeteruined (approxinately $562.50). City and county stafftine spent to nonitor and inspect the operation shall be charged to the applicant at a rate of 930 per hour. Prior to the issuance of an earthwork permit, the appLicant sha11 provide a letter of credit in the anount of S1O,O0O tonaintain vegetative cover, erosion contro] Deasures and ensureproper restoration. The applicant shalL be required to place a gate with a lock across the drive servicing the area to prevent illegal dunpingof fill. 5. 6. Halla Interin Use Pernit August 15, 1990 Page 13 9. The applicant shall obtain and conply rith all pernit conditions issued by the watershed District. 10.Excavation to be phased in accordance with approved plans.As-built gradinq plans prepared by a professional engineerindj.cating finished grades shalI be prepared by the applicantfor each phase, for city approval, to demonstrate cornpliancewith approved plans. 11 . 12. 13. 14. 16. 17. 18. Site restoration shall be completed on a phased basis beforework is allosed to proceed on the folloving phase. Slopesover 18t are to be pemanently vegetated uith an acceptable ground cover. It shalL be the applicantrs responsibility to clean the publicright-of-way as often as required by staff. Pioneer Trail is the onLy pernissible haul road in Chanhassen.other routings will require review and approval by the citycouncil . Appropriate rrtrucks haulingtr signage shall be posted and kept in good condition. Prior to the start of work, thecondition of the haul road wiLl be doc'nented by the city andcounty staff and the applicant rrill be held financiallyresponsible for all daroage that, in their opinion, is causedby the operation. The city niII work with the County Sheriff to coordinate speedand weight checks. If trucks are violating traffic 1iws,staff uilI require that the operation be shut dorrn and rrillask the City council to revoke the pernit. The applicant shall provide to the City hydraulic flowcalculations for the discharge pipe and pond capacitiesprepared by a professional engineer. That the site be inspected by a professional soils engineerand certified upon conptetion. FiIl naterial shall. consist of clean fill, i.e. no bituminous,stumps or brush material. Concrete void of wire rnesh andrebar nay be used if Less than one foot in diaDeter. The City will perforn random observations of the siteincluding inspections to verify conp).iance with the conditl.onsof this pernit. 19.The pernit shall be reviewed and reneired annually by staff forconpl iance. The -applicant sha1l request renewal oi pernit atleast 60 days prior to expiration. Halla Interim Use Pernit Augrust 15, 1990 Page 14 20. Erosion control ( fype III) shall be placed and maintained attoe of slope until all disturbed areas have been revegetated. 21. A11 disturbed areas shall be reseeded and nulched to prevent erosion upon coropletion. An erosion control blanket shall be used on slopes exceeding 3 to 1. 22. The applicant sha11 construct a gravel construction entrance 200 feet long at the access point onto Pioneer Trail to CityEngineerrs specifications. n ATTACH}TENTS 1.Letter from Dave Ha1la dated l{oveEber 2, 1982.Adninistrative pernit for 1,OOO cubic yards of naterial .Letter from Dave Henpel dated July 26, L99O.L€tter from Don Halla dated JuIy 31, 1990. lIeno fron Dave Hempel dated Augrust 8, 1990. Plans dated August 1, 1990. Application. 2 3 4 5 6 7 ha t "t A DSCApE oEStGttERS, C0I{IR CIoRS, GRoWERS" INC l{AluNG ADDTESS 250 G.ol flctu tlvd, ch0.10, lvlinn loro 55318 IOO Acr. Grcv.ing Rcne. - 3 rltil.t Scslh c, Choohor.n cn XwY lot (612) 4.t6555 l _l November 2, 1982 City of Chanhassen 690 Coulter Drive P.O.Box 147 Chanhassen, llinnesota 55317 1 Attention: George Donnelly, Building & Zoning 0fficial Bill l'1onk, City Engineer Dear George and 8i11, I aE rr'riting this lettetion of October 25th or the ordinance requiring that we have several 1a which we are using to d our trees on our proPer sary due to Ehe fact th raove said branches to b The So ticessoil t r in reference to oui phone conversa-26tt.- George, you nade ne aware of a filling perroit, I explained to you rge ravines on our property, one of eposit prinarily branches removed from ty when we prune then. This is neces-at we cultivate the soil and Eust re- e able to perform this task. Additionally lre at some tiEes deposit poor quality soil such as gravel, sand, and clay which lte encounter in the plarting of Erees. This mixes with the branches to help solidify the mass. We have worked srith the I'linnesota Pollution Control Agency and John Moger has personally been out and inspected the site. I,Ie have also worked with the Soil. Conservation Service in the design and construction of a large nusrber of soil conservation practices to preserve our soil in the fields and insure the protection of the environrnent . onservation Service has also been aware of our prac- r:np ing the branches and binding then together rrith event further erosion in this ravine. i1 cofdoPr We are very stringent on the types of material that go in thisarea. We absolutely do not tolerate any soft or hard garbage, demolition materials, plastic, cans, and other tJpes of non- organic materials. We feel therefore that rre have conplied a1l along with any city or Local ordinances and state requireoents. Eis ce= be fr.rrther attested to by John l'Ioger frou the HinDe - #l City of Chanhassen David M. Halla DMH/j j s 2- .-HALI.A NURSERY, INC all back- Minne-in coro- this site and stated that ve were in compliance vithstate requlleuents on said site. My puTp-ose in writlng this letter is to give you thegrgun$ history, infomiog you that the sEate inanelysote Polution Control Agency) has stated that -we arlpliance rrith their requiremLnts . I{e have, ralked with Bill in regardscity recognitlol of our filling pracor exceed all of the State or eity r tori eq having an official ces which we fee1. meetuireoents. Thanking you IYour-earliest reply would be app-iectated.reoain Sincerei.y yours , ff*,i/-%.3/"/L I I I I i I I i i I I ! I I , I SITE PUBLIC SAFETY DEPARTMENT Building lnd Zoning Di{iiion 690 Coulter Drive - P. O. Box 147 Chanhassen, M innesota 55317 612 - 937.1900 APPLICATION FOR EtT}dIt\l6 PERMITFiII & Grading t'irmc p6n !i3f 16 add,cls I0000 Great Plains Blvd ciq ssen Lo Nemc DKH & others Signatund Pctmiflc x DO NOT WBIIE IN T}IIS SPACE PERMIT ISSUED TO mtnc.d $rithin '120 deys or ab.ndon.d lor l20 d.yr. Eu i lcling lnsgcc aion Oi tition BY 4073 OAT 7-18-90 Great Plains Blvd CHANHISSEN CST, BUILOING VALUE - ZONING DISTRI zo(J RES- COM- IND.- PUSLIC- r!r. No. 445-5555 suE0rvrsroN Tcl No.LOT BLOCityacsEcfloN-j?- NoRTH HALF- soLrrH HALF_t _ s-- s_ _ s Oh tha rrpr.as condirion $at !I work atl.[ ba don. in Gordanctwith rha-ordirunc.s and buitdrne cod6 ot tha City ot Chanh&ran and tha Stara ot Mirn.sora. Thia P.rmir ir voi(, il work ia not corn- s s s s s bPIan review for 930Pernit fee t-_rabIe No.70B(UBC) srre roon:ss fK Other Fee Gradine /F i l I Paranri 147 or) ror^r FEE PAjD s 147 _0r-_ bdivi,ion Lot No l.O. No.0252700 1,000 cu. yd.+ glt7.00 Oata 7-18-90 Contrtctor Sadion No.25 tlNx Etsx atimaiad Cornplation ia Addition E senrlr.116.B 4073 Phonc No Euilding valu.rion Dcrnoli3h E Suday No Nc'" E)Alr.rdion E A..id.6ri.l E Singl. Fltrnity El uliipl. Dvr.lline E No. of Unita Otrcr f orh.r E Block Cqtlnr.rcid E lnduarra.t E Kird ol CorBtruction sp-ilic ulc: Add f111 to ravine to Etabillze dam fron lypa of Conarruction IFR llFn ltl t-hr.N ttt t.hr ,n,N rv H.T. V I - slzE oF h,oBK - AREA AEEHIBM Divirionl22.t3asELEVATIONS Occugrncy Grosg Pl.nnin!o E tr E &.Fr &.Fr &.FL &.Fr. Zooing Oinrict Sidr haar Ur: Par rittad Co.dition l Nonaonlo.riin! VriarEtTOTAL FLOOR AREA ft. Good for 1000 C. y. See attached letter o c1eanf111 .,q Engineer daxed 7-8-90 &444'za) ATTACHMENT *A E€MABKS: frora David Heopel , Sr. Addr.$ sea reu to. B- CITY OF a( zIo NEw- exsrrrc --I- p.1.1 ?< O?(?7OO -- I har6y rlhorlrt.d!€ th.r I hava iaad rhi. apptication ana, ,lata thar lhainforniation ia corracl .nd aE o! to compty with tha Chaaha!a.;. Manrr6;;o.dinanci anal tha Sule ot Minnr.ou la$6 ragulating blildine co rucri;; CALT FOR AtL iNSPECTIOITS LISTED ON BUITDING CABD PH0NE 937.1900 Suildint Pbn Ch.cr Su,chrr!! sr"c. S.u!. Surcfiloc Part Dldiclion T,!il Dcdi{rtion W.tcr Unit Sc*"r Unit Walrr YclGr Public Satrty hic.tion ncprir R . s.tb*l: Frcnt - OIMCNS'ONS_.............-1 -t_ -t_-_r_ -r_ -t_ CITY OF CII,il{H[SSEI'l July 19, 1990 !1r. Don Hal1aHalla Nursery 10000 Great plains Boulevard Chaska, MN 55318 Re: Application for FiIIing Grading permit FiLe No. antl Grading Permi t 9 0-3 Dear Mr. Halla: This letter is a foLlow up to our meeting on Thursday, July L2,1990. charles Folchr Assistanr City Engineer, r{arl-iifi"-inamyserf met wirh you at. your nursery-to aiscusi tn" riiiing-in orthe large ravine on your property. After the enfigt,ieni;i - experience of almost slipping ofi ihe edge of rne i.rin.,-r a.aware of your interest !o imnediatery stiblize the dam uy iirringin the ravine. Iherefore, vre can ailirinistratir"ii .ppr"i.-"fiI1ing/grading permir up to I,000 cu. 1rds. rte-titi-ii'iilltngto- issue this permit at this time rdirh the undersi"niin! it,.t yo"wi1.r proceed to apply for an interim use permit rn "onj,lncli"nwith. obtai.ning anorher gracing permir ( fr6m city counciii-ior tr," ::T1i!ilg yardase needed to fitl the ravine. ai Vou .i.-.*...,crr.y-orcrlnances require rup approval for any filling in excess ofI,000 cu. yds. I am.in receipt of your application for a filling and gradingpermit. tte.h:1ve processed your permit applicati5n admin i s tratively pending on the followini- conditions: 1. tree stumps, demolition material, bituminous and laroeconcrete pieces shalr not be usedr as fit1. concrete-tiecessmalrer than one foot in dianeter may be used berorr t[e-topthree feet of fiII. bales should beestablished cn stakeal at the 2.An erosion control fence anil,/or haythe toe of slope until vegetation is s lopes . 690 COULTER DRIVE. PO. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937.5739 VIA F.qCSIHILE Mr. Don Halla July 19, 1990 Page 2 3 A security deposit. of $2,000.00 will be required. be fully refunded upon satisfactory completion ofstipulated herein. This r{i11 the erork a s 4. All work associated with this fill operation under thispermit, including seeding, must be completed by September 15,1990. No additional work will be allowed unless you receive IUP approval by the City CounciI. 5. The City nill perform random observations of the siteincl;dling a final inspection to veri.fy conpliance. 5. Hours of operation shall be 7:00 AM to 5:00 ptr{ Mondaythrough Friday, and Saturdlay 8:AM to 5:00 pM. 7. Seeding anil a fiber blanket sha1l be used on the slopes ofalL disturbed areas upon completj.on of the operation ifadditional filling permits are not granted. I The applicant shall clean daily, on and offdebris including all blowables from streetssurrounding area that has resulted from thisappLicant, its agents or assigns. site, di rt anil the oPeration and by the .If you are in agreement hrith the aforementioned conditions fo.r ?pgl9val, the City is prepared to issue anal grant you afilling/grading perrnit for 1,000 cu. yds. of cfean-naterial.Enclosed you h,i1l find the permit (No. .1073) for your revierp andsignature. Please return it to ne along with a cl.reck for $I{7.00and security in the form of Letter of Ciedit, cash escrow or bondin the amount of 92r000.00. If you have any questions. pleasefeel free to contact me. S incerely, CITY OF CHANHASSEN David C. HernpelSr. Engineering Technician DCE: Jms Attachments Copy of grading peroit No. l0?3 Gary Warrenr City Erigineer Lawrence Samstad, Loner Minnesota ifatershed Dist.Steve Nirchman, Building Of f i ciatCharles Folch, Assistant Ciry Engineer Don Ashsorth, City Manager Engineer CITY OF CH[NH[SEEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN. MINNESOTA 55317 (612) 937.1900 . FAX (612) 937-5739 July 26, 1990 Submit a narrative for i nformation: I{r. Don Hal1a 10000 Great Plains Boulevard Chaska, MN 55318 Re: Interim Use,/Grading Permit for 100r000 Cubic YarilsGrading Perrnit File No. 90-3A Dear Mr. Halla: I have received a copy of your completed developnent reviewapplication faxed to me on July 23, 1990. The purpose of thisletter is to clarify ailditional infornation neeiled by the Cityper OrdinaDce No. 128 in order to process your permit request100,000 cubic yarils. asfor As I have previously intlicated, the City has recently arnended theCity Code pertaining to earth work activities. Ihe new ordinancerequires that the City Council review all permit applications inexcess of Ir000 cubic yards. In older for staff and City councilto revievr your pelmit application, the following items must be submi tted : l the project rrith tbe following Background Pu!po se Operation (i.e. nhere is the materialof eguipment used, hours of operation) Describe erosion control Beasures Any tree loss or preservationSite restoration 2. Drawings and calculations a b c d ef coming fron, type A finishedl gratling plan preparetl by a professional eng i nee r Hydraul.ic flow calculations of the outlet pipe anilponding capacities prepared by a professional engineer VIA PACSIIITILE !{r. DonJuly 25, Page 2 Ha11a 1990 CITY OF CHANHASSEN In order for staff to prepare a report for the next planning Comrnission and City Council meetings, 2E copies of all nateiialsand drawings must be submitteil by the end oi the work day onIflednesday, August 1, 1990 or this item will be reschedulEd forthe next avaiLable Planning Commission tneeting ( Septeurber 5,1990). I have attachetl foi your convenience, a sciredule of thesubmittal dates for planning Couurission and iity Councilneetings. If you have questions, please feel free to contact me or paul Krauss, Director of planning. S incerely, David C. HempelSr. Engineering DCH : jms Attachment: 1. 2. c Technician Ordinance No. 128. Schedule of Planning Cornmi s s ionmeeting dates.and City Council Paul Xrauss, Director.of planning Gary warren, City EngineerCharles Folchr Assistant City gngineer Paul Newman, Carver County SoiI a Water Conservation DistlictLarry Sanstad, &ower Uinnesota Valley Watersheal DistrictEngineer Don Ashworth, City Manage! a Mr. David C. Hempel Sr. Engineering Technician P.0. Box 147 Chanhassen, MN 55317 Thank you. Don E. Halla Presiden!, Halla NurserY Inc. "LAT{DSCAPE DESIGNERS, COIIIRACTORS, GROWERS" txc. lO,Ofl) Gr6at Pl.lnr Blvd., Chr3k!, tllnnGota 55:118 3 llihs South ol Chuh!3ten on Hwy. l0l Phona 612{4S555 JuIv 3l,1990 ctil 0r 0tltirllfsstH |RII(BE[\v/EO AUG O l I9gO EIISIIIEERIIIG DEFT. Dear Mr. Hernpel I am vriting you in reference Lo the proPosed re-supPort f1!tjn8-of a soil dam englneerEd by the soil conservation bureau and erecEed fn 1972. Its purpose Lras to control soil erosion anC run-off from the 50 acres owned by Halla Nursery Iocated South of Carver Counly 14 and I''lest of Highvay 101 '(see enclosed topo- graph) The soils to be used to this end will be hauLed in from constructj'on Iicls within a I0 mile radius of the Nursery. These solls will be distributed onsiteusingrlumprrucks,bulldozers,andfront_endloadersduringnormal business hourJ. This work vill not affect any large living trees as there are none in the ravine. Please note that this ravine has been used by Halla Nurser-r' as a soil and organic material fill are,a L,ith the city's fuIl approval' inre plan on continuin8, t-he use of thls area for a soil and organic material fill area. It is anticipated that it will take many years to comPletely fill lhis area. I,le have only made a slight dent in the total cubic capaci-ty over uh" 1"=a 20 years. Upon completion of the grading the entire area vi1l be seeded for erosion conirol. Please refer Lo our topography drauing for the final grade and existing grades. The original area run offs were calculated and engi'neered bv - the Soil Conserraiion Board and have been effective in handling Ehe r.n off over the past 18 years; the dan and 24" overflov even handled the I0" rain of August iSgZ. hre are requesEing the back fill and fill behind the dam due to the r.,eakening that has Lake; place ln 1990 as a result of the continuous rain softenin3 the clay structure. lrle vill be able ro hold a Larger flash over fill in the future L'ith Ehe proposed finalgradeofg04landthewiderroadandEhicknessoft,hestrucLure. If you have any questions please feel free to contact me at 445-6555' H:':du4- -THE PLACE TO GO FOR PLANTS TIIAT CROU/'' YOUR -NATIONAI I.ANDSCAPE AWARD- wlNNING NURSERY FOR DESIGNING E PI.ANIING / +:-_ri lrt t' A ut6 "I.AIIOSCAPE DESIGTIERS, M TRACTORS, GROWERS" tNc. XUNG ADORESS 250 G'r.or Ploin. gvd. Chc.to, J*inn roto 55318 l@ &rr Grovring Ro.rgG.3 r'lil.. Sodh ol ChGnhc$.n on HWY l0l (6 r 2) l..jr65s5 FORMAL REQUEST AND PR.OPOSAL FILLING PERI'IIT HALLA NURSERY PROPERTY .THE PLACE TO CO FOR PLANTS TIIAT CROW' YOUT "NAIIONA IANDSCAPT AWAID'WINNIT{C NURSTIY fON OISIGNING t PI,AMING a 1958 TOPOGRAPIiICAL },IAP SIiOWING LOCATION OF SITE tCL"J ,/ r\-- J I:, 0 t (.\ 926 6?0ca FEg a- ?- I ,-. o{( i 8s o o c /( N\\ 0 c ..( 1 ) o o c ; 9/5 : t ia ots0 E ,q z o !"-:-" " ac s rsh LaL &'uo"e 76a Susott ilt- i- _\ l.-IO c 0 a cl v a c \c ,, E- o,- ot I \ Ritey 926 r c Loke 6. 0c S--/ :r t t- 31 lts {,i J 0; Loke 0 __lsil\t\$.r-- .-;l\.zv.i.J- , I ::. ( -i ).)- ..2, )t /-' O 1972 TOPOGMPI{ICAL MAP PHOTORXVISION SHOIIING LOCATION OF SITE C I i I tt.l- I I I I F o o -,t.i i \ ,/o I e \J (-L a l:) 926 o ) 0 Gj U ,j \ ('.- /, 30 ll_ - L.. r-l .L t^'!t*Ji "'t"-... -926t l1: i:- 9.: i\ i rl u..r .l 900 (. c \- a ao o ?.i o o\ );+ o ,/), U 0 u tfi r)J 0 o I o'o.o 0 ,t5 0q L( I ,1"-. ,€5.- &: Jt q 5g o (_, 1970 AIRIAL PHOTO VIrd OF SITE O a G'",t ,4 t' t I l_ Nt:I I t11b Fho /" t t_ it [, L I x_ L ll_ l_ L [_: t tl_ ll_ t?- h@ I I I I I I I i!- , I I i t I t iI l I l.l I I I I I I I I l' B)ir' J:r-f, -i. r-.-#- . ,;. !'i t I I I I I i .'r \) C) C] 1 I98O AIRIAL PHOTO VIEI"I OF SITE /?SO 7h"lo $'o l' |' i;l " / ,',.\ / i t 'l ? '- ,I .l I i, I I,lr$. i' ( a O ARCHITECTURAL DRA}TING OF SITE AREA DEFINING ELEVATION & DII"IENSIONAL SIZES r .;:rt;jr t:oss-Sr tl $ _l- .l' \o.:I t- I I )... -L-- ---.-_, ! -\\- -J ') \-I )I )I I : I -.!( ( (1\-t -\-- r-/) 't.. c s .o .-^_ -\-- - I (.:\ ftr t.: F. .,...:. 690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 CITY OF EH[NH[SSEN MEMORANDU}{ TO: FROM: DATE : SUBJ: Joann Olsen, Sr. Planner Dave Eempel, Sr. Engineering Technician August 8, 1990 Interim Use/Grailing Permit for Ha11a Nursery Grading Permit File No. 90-3A Anxur-,r+{ W, &k The City has received a request from Mr. Don Eal1a of Hal1a Nursery located at 10000 Great Plains Boulevard for an earthrdorkpermit to reinforce an earthen dam and fill a portion of a largeravine located on the property (see locatioD mBpr Attachment No. 1). According to tlr. HalIa, the earthen dam was engineered and designed by the Soil Conservation District anil built by HalIa Nursery back in 1-972 Lo help control erosion from taking more ofhis property. Over the years, the earthen dam has slowly weakened ancl erodecl away. Back in November of L982, l{r. David Halla, Halla Nursery, requested the City to grant a filling permit (see Attachnent No.2t. At that time, Mr. David HaI1a, requested the City to issue a permit to fill in several large ravines on the property, one of which they were using prirnarily to deposit branches removed fromtree pruning. At that time, the Ballars worked with the Minnesota Pollution control Agency and the Soil Conservation Service to receive their approval for such activities. I was unsuccessful in researching our files to determine if the City ever granted a pernit at that time. Eowever, since then, theHaIlars have used tshe site for dumping dead lantlscaping and excess material from landscaping projects. on a recent site inspection, it was apparent that the earthen dam was weakened severely from the spring rains anil, therefore, staff admin i strati vely approved a grading/fi:..J- permit for up to 1,000cu. yils. to immediately stabilize the earthen dam with theunderstanding Ur. Ila11a would apply for a interi use permit forthe remaining fill neecled (Attachment No. 4). Joann Olsen August 8, 1990 Page 2 On July 26, L990, staff wrote I.{r. Halla requesting additional information neeiletl in order to perform a thorough review of his request. tttr. Hal1a has since submitted the attached information which is lacking certification from a professional engineer. Staff has receiveil some conments from the Carve! County Soil & water Conservation District regarding this item. The water Conservation District has very similar concerns, as staff, as to what will be the damage if the dam was to fail. A professionalsoils engineer should not only design the structure but alsoinspect it during construction and certify its completion. Eowwill this sEructure fit into the future use of the lanil? It{r. Halla proposes placement of 100,000 cu. yds. of fill which heanticipates to take many years. According to the ordinance, per-mits must be renewed annually and, therefore, additional recom- menalations may be stipulated. Conclusion Staff feels that the applicant is requesting far more material than what is necessary to secure the earthen dam. According to rough calcufations, staff believes 25r000 cu. yds. is sufficientto support the earthen dam. IIe believe the applicant isinteniling to use Ehe remaining areas to continue their durnpingpractices which may have contributed to the recent failure in t.hedam. Therefore, it is recommended that an interim use/gradingpernit be issued with the following conditions: Filling is permitted only as necessary to complete restoration of the earthen dam. A professional soils engineer shallprepare a finishecl grading plan to determine the exact amountof material needed to repair the earthen dam. The applicant shall provide to the City hydraulic flowcalculations for the discharge pipe and pond capacitiesprepared by a professional engineer. That the site be inspected by a professional soils engineer ancl certified upon completion. 1 2 4 The applicant shall provide the City with a Letter of Creditin the anount of $101000.00 to cover any road damage, restorevegetative cover and maintain erosion control measures. Fi1l material shall consist of clean fill, i..e. no bitumi-nous, stumps or brush material. Concrete void of wire mesh and rebar may be used if less than one foot in cliameter. The City will perform random observations of the site including inspections to verify compliance with the conditionsof this permit. 5 5 3. 7 The applicant sha1l pay a permit fee depencling on the amount of fill placed in accordance with the Uniform Building Coile Table No. 708 Grading Permit Fees (see Attachment 3). 8. The permit shall be revieweal ancl reneired annually by stafffor compliance. The applicant sha1l request renewal of per-mit aC least 60 days prior to expiration. 9. The applicant shal1 install a gate to prevent unauthorized durnping and restrict access to the site. 10. Erosion control (Type III) sha11 be placed and maintaineil at toe of slope until aIl disturbed areas have revegetated. 11. A11 disturbed areas shall be reseeileil and mulched to prevent erosion upon completion. An erosion control blanket sha1l be used on slopes exceeding 3 to 1. 12. The applicant sha11 obtain and comply with aII permit con-tlitions issued by the Watershed District.. 13. Upon completion, the applicant shalL submit to the City a mylar as-built survey prepared by a professional civil engineer to verify compl iance. 14. The applicant shall construct a gravel construction entrance 200 feet long at all access points onto public roads(Attachment No. 5). jms Attachments:I 2 3 4 5 Location Map 1982 Fi1I Request Grading .Permit Fee Table Grad i nqlBui lding Permit No. 4073 GraveI 'construction Entrance Deta i I Joann OIsen August 8, 1990 Page 3 I J. II LAKE RI LEY I L +F- i,3oloc*J \ I z E lrJ p Ira t t L SLUFF CREEK PARK € L L tr I $s i RICE ATTACH LAKE I POI AIL ( \-CRE!,KWUT ) xrTzlt L- P 1-::-:l) PIOIEEF CIRCLE ;il UHT rJ 1 z ) :ll .F 4o- >, GQfli&a .!ANDSCAPT DTSIGI{ERS, M TRACTORS. GROWERS'' rNc. MAIUNG AODRESS 25O Grcor Roinr 8lvd. Cho![o, ,*inn tolo 55318 l@ Af,r. Grcwing Ronec . 3 rililc! Sorrth ol Chonho!.n on xwY lot (612),..S555 I I I I l FORMAL REQUEST AND PROPOSAL FILLING PERI'IIT P,ALI.A, NURSERY PROPERTYI I I I I I I .THE PLACETO CO TOR PIJWTS TIIAT CROW" YOUT "NATIOi{AI. LANDSCAPE AWAAO" IY|NNING NUNSERY fOT D€SIGNING & PTANTING ATTACHMENT #2 1958 TOPOGRAPHICA1 MAP S}iOWING LOCATION OF SITE {, F(I ^.u Ir: .=,-i 97j- FICl o Lake Srrsoz $ i/c c rJ-t.)4 i'ft- <) \ 926 cr Lake (). :,) \..4 /) ) C r. } c0/ .J; \ 0 \4 ,:< -. ) ); 900 <t' c?0 oci FEET z o : t'.c.. .-..'_..:-. .} U) I .n z-- ( i $'1^a oq o1((:. .t) /-z/ o.: -.& /\ ,f,\ori1_- i-Nj J t 0 o a\ o ). 50 a\- r : zt :a oz a i.' li5- .+ 0; .: Ritey ,.] 1972 TOPOGRAPHICAI I''AP PHOTORSVISION SHOIIING LOCATION OF SITE ,a\OJ u.rAo Y : +-- o9. Y.l .'-:I nll a 0 o 0 \.- Z c ) e ) l Ia i If, e69 . --ii I a--- () 4r.f I c Rer os 996' 99er o vC ic 1 J }r oo6 0 o\ ,|/o 5o ! \ I q , ,-o )a:l t'' .:)' 0t i -J 926 o 0 0 .\) I >,-- 0 0 t) a t5 t--J 4 a a a D 7 ,ld -'r . S-r- ---!tr3. " )-r.-^r-. 6 "t c c c ?c \ : 1970 AIRIAL PH0T0 VIE"vI 0F SITE \_--------., l *?el: 4 1s ;_.-:.i.:: . '. --:. : ." j I t I I I t Nt t11D Fhih S."l? /'=V(a a.{ :t a 1980 AIRIAL PH0T0 VIEI^I 0F SITE N I /?0o 7hol" .-- J a ,,V,?t-lca1- 5." I .:1.:_ e bO , ?3L .? .+. ,r1* 1;iI I I I GF ^t:. L "': ,ii I I I ltl grra,'sad G 1 ARCHITECTURAL DRAITING OF SITE AREA DEFINING ELEVATION & DII{ENSIONAL SIZES -SJ.4.-)L-( s$ ) '/_{}F- I ,.t .|r \* \-\s---L____ _ --___ -t $ ,o \ -:! .. ( '( ( I I )( I It rt 't. Llx /-?\ \ I !l: .:'\ 1(- .\ 7\I , :. -:1, : ':;-::,:*;r;ta- --. . " c\ t O,-- \ .:.- - 't \ !t-. ..,. : FOR}IAL PROPOSAL November 2, L982 City of Chanhassen 690 Coulter Drive P.0.Box 147 Chanhassen, I"linnesota 55 3I7 rxC. A AIUNG AoonESS 250 G'.or Ploin. llvd. Cho*o, L{inrDroro 55318 lq, A.r. G.owing lcngr - 3 rilil6 Sorrh ol ClEnholr.n oo XwY l0l (614..5.655s Attention: George Donnelly, Bui1ding & Zoning OfficialBill l.Ionk, City Engineer Dear George and BiIl, I am writing this letter in reference to oui phone conversa-tion of OcEober 25th or 26th. George, you nade nne aware ofthe ordinance requiring a filling permit, I explained to youthat we have several large ravines on our property, one of which we are using to deposit prinarily branches removed fromour trees on our property when we prune them. This is neces-sary due to the fact that we cultivate the soil and nust re- move said branches to be abl.e to perform this task. Additionally we at sone times deposit poor quality soil suchas gravel, sand, and clay which we encounter in the plantingof Erees. This mixes with the branches to help solidify the lnass, We have worked vrith the l,linnesota Pollution Control Agency and John Moger has personally been out and inspected the site. I,le have also worked with the Soil Conservation Service in the design and construction of a large nunber of soil conservationpractices to preserve our soil in the fields and insure the Protection of the environment . The Soil Conservation Service has also been aware of our prac- tices of duroping the branches and binding then together r^rithsoil to prevent further erosion in this ravine. We are very stringent on the types of oaterial that go in thisarea. We absolutely do not tolerate any soft or hard garbage, demolition materials, plastic, cans, and other types of non- organic materials. We feel therefore that we have complied all along with any city or local ordinances and state requirenents. ther at,tested to by John Hoger froo lhe llinne -Eis c=E be fur "tAr{DscAPE DESTGNERS, CoilTnACToRS, GnotYtRS" this site and stated that rre rrere in conpliance nith allstate reguirements on said site. My purpose in writing this lett.er is to give you the back-ground history, inforning you that the state (namely Minne-sote Polution Control Agency) has stated that ne arb in com-pLiance with their requirements . I{e haver talked with Bill in regards to having an officialcity recognition of our filling practices which we feel.meetor exceed all of the State or City requirements. City of Chanhassen HALI.A NURSERY, INC aYour earliest reply would be appreciated. Thanking you I remain Sincerely yours, I I tr*,i{,% ?h//* David M. Halla DMH/J J S I I I t 1988 EO|T|ON 50 cubic y.r& o. lcrt . . , . 5l ro lm cubic y.d! . , . . . l0l to 1000 cubic ynd. . . . lml to l0,OO0 cubic y'rdr 50 cubic ysds or lc.r 5l to 100 cubic yudt Sccrion 3Oi (8) ..,...,..... r i'... No fcr................. 315.00.'.,,',''..',,,,.. 22.50........,......,.. 30.00 .--**rt iu APPENOIX $10.0o pcr hourr 875 I I TABLE NO. TO.HRADING PLAN REVIEW FEESI !i 10,001 to 100,0m cublc yude-S30.00 for thc firlt 10,000.ubic yrrds, ptui $15.00 for crch lddltiord ,0,i'00 yud! ot fnction th.rrof. l00,ml to 200,0m cubic ynds--$|65.00 for rhc fir t00,0m cubic y.ds, ptus $9,00 for r8ch iddition.l 10,000 cubic y.rds or frrction thcrcof. 200,m I cubic y.rds or moro-S255.00 for fi. first 2m,000 cubic yrd!, plu! 34.50 for..ch rdditional 10,000 cubi€ yrrds or frrctioo th.rcof. Olhcr Fccr: Additionil plsn nvlce Equircd bychmrct, rdditioot or revisions to spprovcd plan! , . . (minimum chrrSo---onc-hllf hour) $30.00 pcr hour* 'Or lhc lor.lhourly cost tothcjorisdiction, which.vd ir th.8r.atcst. This cosl shall includc sult.:avilion, ovc c!d, aquiprncnt, hourly wagca and fringa bcncfits of th€ cmploycca involvcd. TJ Do -J =mz { *o) $ 15.00 22.50 l0l to 1000 cubic yrdr-$22.50 for thc f|I!t 100 crbic ynd! plur t I0.50 for c.cll'lddirional lm cublc yrrdt or frrctlon lh.r!of. l00l to 10,0m cublc yndr-Sl l1,m for ri. ntll l,000 cubic yrdr, plu! S9.m for c.ch .ddition.l I ,000 c,ubic y.rdr G ft.ction thcEof, lo,ml lo 100,m0 cubic nrdr-$198.00 for thc ,inr 10,0@ cubic y.td!. plut tO.50 for c.ch .dditlonrl I0,(m cubic ),rrdt o. frtciiotr thcrcoL lm,ml cublc y.rdt.or moF-{562.50 for thc fint 100,000 cubic yrds; plur $22.J0 for c.ch .ddiliord 10,000 cubic y.rd! or frrction thcrlof. 0thcr lnrpcctlonr ud Fcbl l. IniFcrion. outsid. of nodnrl hudncrr hourc ..... ............ 33o.mFrhou.2 (minimum chargo---t*o houn) 2. R.intpcction fcc! tt!c!!.d undfi prcvlslonr of 3. Irlpcction! for which no fcc ls.pccific.lly indicltcd ,,,.,,.,... $30.00 pcr houi (rnirimurn chulo---onc.hdf hour) Ithc f.G for r 8nd:ru f.rrnlt .urhodzini rddirton wort to rh.! undc.. vrlld Frtnit 3hrll bc thc diffcrcncc b.twc.n rh! f.c prld for th. orltinrl Frmii rnd th. fcc .hown for lh. .nrln pmj.cr. tor tha tor.l hoorly co. o fi. ruridlcilon, whichcvcr ir thc l'trld. Thb colt rhrtt inclu& ruFrviiion, ov.rh.rd, .quipmcnr, hourly *r8.. .!ld frint! bcrcfilr of th. cmployc.3 involv.d. '.",'.'"--''-]--!Elr,!r'- ttt TABLE I{O.7UE-OBADI}IO PEN ]T FEES' PUBLIC SAFETY DEPARTMENT Building .nd Zoning Division 690 Coulrer Drive - P. O. Box 147 Chanhassen, M innesota 55317 612 - 937-1900 APPLICATION FOR EKTIdTITG PERMITFil1 & Grading 0 Great Plains Blvd t'tame Don Halla 00 Great Plains Blvd City hanhas s en Namc DKH & Others 0 uil ding tnspecaion Oi rision senrar to. B 4073 CITY OF CH.IIIHASSINSITE EST, BUILDING VALUE ZONING DISTRI RES- COM- IND.- PUBLIC- suBorvtsroN_ LOT BLO s .EsEcrroN--il- NoBTH HALF- sourH HALF----:! - Address Tcl No- I haraby .cknowlcdge that I hrve raad thii application and nrta thai thaintorltl.tion L corrccr and .graa to compty wiih tha Chanh!.!Gn, Minn6ol' ordinancra tnd the Slate of Minn rota laws ragul.ling buildin! connruction. Signature d Permitte x CALt FOR ALT iITSPECTIOilS LISTED ON BUITOING CARD PH0NE 937.1900 OO NOT WRITE IN THIS SPACE PERMIT ISSUED TO R r.r. No. 445- 6555 NEW- EXTSTING---!- P.r.ri 27 0?27 00 ioo IEoFo Euik inO Plrn Chad( Surdrargr sAc. Srtrr Sud|lrge Part Dedicltion T'.il Dodic.tion W.tcr Unit SoB€r Unil Wltoa Melor Plblic Saraq Dcdicltion s_ s s- s s s_ _ On the expr.rs condition thst lll work ahlll b. don. in accordancawifi the ordinanc.a and building cod6 ol tha City of Chanhaaa.n and the Srrla ot Mi.nesot!. This Parmir ia void if worl ia not com-,n.ictd within 120 days or.b.ndonad lor l20d!y.. s s s s bBY Olher Fee Gradi I ttT -O(, Plan review for $30Permit fee ,Etable No.70B(UBC) srrE ^ooREss ?!L ToTAL FEE PAID s 1 47 , 0C!_ Subdivision Lor No Survey No. 1,000 cu. yd.+ $117.00 Daia 7-18-90 Contractor Esrim.red Compl.tion ,te senrartl6. B 407 3 ?ooerrv I O- No.25:0252700 Alt.r.tion D Saq!rpn No.Z5 fl N,. Es!4 Phona No. uilding aluation O.molish Encpair R Addilion E Ottrc. f e6idcnri.l E Singl. F.mily E Multiplc O$nlling E No. ol Unita Elock ComnErci.l D sp.cirk u.c: Add fill to ravine to stabilize dat0 froD. Typ. ot Cotutrucrion IFR llFF lll t-hr,N lll l+r,N lV H.T. V f-N D IM€NSIONS - srzE oF t\loRx - AhEA Sq.F r. - Sc.Fr' sq.Fr Occupency Group AEEHIRM Divi.ion122.r345 I I Plrnning sq.Fr sq.Fr. Zo^ine Oin.ici t t: P.nnimd trl Coodition l E Non€nformine E v.ii.n . tl Satback: F.on si& Raar TOTAL FLOOR AREA- Sq.F! N€MARKS: from David Hempe1 , Sr. Good for 1000 C. Y. See attached letter o c1eanfi11. I I , i l ' I l d, z3o oar, 7-rg-go -_ City Ncw E Othcr E lndu3rri.l E Kind of Construction ELEVATI ONS tq Engineer dated 7-@-90 r ltuhza) ATTACHMENT #4 CII[NH[SSEN 690 COULTER DRIVE . PO, BOX 147 . CHANHASSEN, MINNESOTA 55317 (512) 937-1900. FAX (612) 937-5739 July 19, 1990 Tree stumps, demolition material,concrete pieces shall not be usedsmaller than one foot in diaureterthree feet of fill. Dear Mr. HaL Ia : this letler is a fol1ow up to our meeting on Thursday, July 12,L990. Charles Fo1ch, Assistant Ciiy-ingrneer, Mark ilalla andmyse).f ner wirh you ar your nursery'to 6iscus" it,"-riiiiiq-in otthe large ravine on your property. After the "nfighi"ni;i - experience of almost slipiin; ori lne eaqe or rte i.uin.l,r ",aware of your inreresr r.o immediately s.;blize an" u;-';; iirr:.ngin the ravine. Therefore, ," ."n iai,ini"truti".l; ;;;r;ir"-;I:rli::{r::dins permit up to t,ooo cu. vos. Th. city is vrirtinsEo rssue thrs permir at this time hrirh the undersi.niing ii.t y"owill proceed t.o apply for an interim use permit in ""njin"tionhrith. obtai.ning anot.her gracing permit tir6rn city coon"ii-i-io, tt,"remaining yarcage needed to riri the ravine. A: t;;'-;;;'uiir.,citv ordinances reouire rup approvar foi any filrint in-.i"!"" ot1,000 cu. yds. I am.in receipt of your application for a filling and gradingpermit. We. h:-.ve processed- your Derroit applicati5nadmin i s tratively pending on the iollowing- conditions: bales should es t abl i shed slakeal at the I bituminous and larqeas fiIl. Concrete pieces may be useC below the top 2 An erosion control fence and,/or haythe toe of slope until vegetation is s lopes . be cn CITY OF Ur. Don HallaHalla Nursery 10000 Great plains BoulevardChaska, MN 55318 Re: Application for FiIling and Gradinq permitGrading permit File No: 90-3 VIA FACSII,TILE 3 I'lr. Don HalIa July 19, 1990 Page 2 8. The applicant shall clean daily, on and off debris including all blowables from streets surrounding area that has resulted from this applicant, its agents or assigns. A security ileposit of $2,000.00 t iII be required. be fully refunded upon satisfactory completion of stipulated herein. This wi 11the rrork as site, dirt and and the operation by the 4. A11 work associated with this fill operation under this permit, including seeding, must be completed by September 15, 1990. No additional work wilI be alloweil unless you receive IUP approval by the City Council. 5. the City will perform random observations of the siEe incl;ding a final inspection to verify compliance. 5. Hours of operation shall be 7:00 AM to 6:00 PM Monday through Friday, and Saturtlay 8:AM to 5:00 PM. 7. Seeding and a fiber blanket sha1l be used on the slopes of all disturbed areas upon conpletion of the operation if additional filIing permits are not granted. .If you are in agreement with the aforementioned conditions for approval, the City is prepared to issue and grant you a filling/grading permit for 1,000 cu. yds. of clean material. Enclosed you will find the permit (No. .1073) for your review and signature. Please return it to me along with a check for $147.00 and securiEy in the form of Letter of Credit, cash escro$, or bond in Ehe amount of 52,000.00. If you have any quesEions, please feel free Eo contact me. S incerely , CITY OF CTIANHASSEN David C. Hempel Sr. Eogineering Technician DCH : jms Attachment! Copy of grading permit No. {073 Gary Warren, City Erigineer Lawrence Sanstad, Lovrer Liinnesota ltatershed Dist. Engineer Steve Kirchman, Building Off icial Charles Folch, Assistant City Engineer Don Ashh,orth, City l4anager \-I- -.- T I co(9 q a,o o, +d o ", 4 ^oo ss Ol - = 3C 3l I C)o o..l @ rO -'to o, .D ;) c :-) D a) aft I I i : d 1 ! I ATTACHMENT NO.s I \ ? \ + J' FOR}IAL PROPOSAL I I rl ..o (i :7'. '!' '[rt, 1\{ \.e/ t.' ,l I ?t il) t' \ ( :l N 664 t Ei \,# II I t I I I I I I \ I ( I o 908.5 $hv'{j i I I Io(o co h $' N 665 i806 [: 9'806 x ! ,'zt6' ,!., . i'[.( (o o ( i'.' i,i *l: II \ ! -;li\:aJ. 1'606 X r r. / \ ,, I dr ,; a '.-r*. t.),v t68' t & 't,-. ! I ,; Z @ v) q/--ss(r\!-2! \,--:Qr'- ln\', qJG't D o- 0 oos. \ I Do /.c\ ^)- obo o .\ I FPOI,I HPLLE HURsERV-..i[C. -.:P, 2- I eITI OF CHtlittlSSEX G'O COULTER DRIVE cE.f,trElssEu, !O{ 55 317(61?) I37 -1eo o DB\rltPPXENT RIVIEIf APPLICATION AI,PLICANT:n ADDPJSS:t /'l TELEPHoNI, (Day tine) .r'1</s4' I condltlonal Use Pernlt - $150 . OWNEF: ADDRE6S i TELEPHONE: nr0oEET Sloo -- I Subdivlelon; Prollninary Plat: - Sketch. PIan - $200 - create JeEs than 3 lots - $1f, - Create Dore than 3 lots - $roo + $15 acre + $5 per 1otIot created - Final Plat - S100 - I,letes and Bounds - $100 - Congolldate I6t- e - S100 0 rnterln Use Peroit - 5150PJ- tq 7 ?/rt/ioI Lanil Use Pl an Amendnent. - I Planned Unit Developnent: _ Sketch ptan - S200 v - Pre I irn l na ry Developnent Plan $300 + S15 acre - Final Developnent PIan - 5200 - Amendment to Final Developnent PIan - $:OO + $15 acre TOTAL PDD EOTAIJ SUEDMSfON I Site Plan Revier,r - $I50 I Vacatlon of Utllity orStreet EaseDent - $foo I Variance - $75 0 Reaonlng - $250 0 Zonlng Appeal - S?5 0 Zonlng Ordlnance Anendment - Ho eharge 0 Wetland Altetatlon Perrnlt: - Indlvldual 6lngle Far,r1lyLots - $ZS - All Other6 - S150 * NOIE. - Whqn rnultlple appllcatlonE ar€ processed, the appropriate fee sha-tbe charged for each appllcatlon 7/,7qA?_ JUt . ! r r:rv lu.v{ -.u\) PROJECT NAXI 1r)CATION LEGAL DESCRIPTTON i I,RESEI.IT ZONING REOUES?ED ZONING PRE8ENT LAND USE DESTGNATION REQUESTED IAND USE DESIGNAUON REASON F E REQUEST Va-t4 y-A'r40t ) Thls applicatlon nust be completed in fult and be typewritten oprinted and Dust be_acconpani;;-;i -"ir'rnro*.tlon dnd plans reappricable citv ordinance provlsioi,". --s"i;; iiT-g ii"i"u'uppr i""should confer with .j|.,e ..iia";i;; ;epalr:nent to oeternin6 theordinance and procedural re qu i renJnts -ippf i cabl.e to your 6pi)Llcatl r clearlvqulred b!'t1on, you apeci fic on. iiil"ii,':,!.fii[.,,.-it#t"iiIi:":!:;iffiiit,'xi.ini,i"3ifi,;:nii::::":r Ii:n i"n"i.o.l! .Ij.=.:"g"."st...rr.,ii-apiii.otioi"(.;rd';; prJce.see tn my namep",tuiniis il'tn"# ",r:i,=riil: ;Tl"":..:.,":nii:liilr:.f.i{t*r;X,llii:;(either copv of owner's o_upii"ut"-i"iliii.otu of rj.tre, Ab;tract of ritle orpurchase agreement) . or- r in.the artnl}r.a.per"ori to ,ifJirris appricationond the fee ouner iris also "iiii"a-ifiI'ipplication,r r'r1r1 keep :tyself informed.of th6 deadllneE fo-r eubmlssion of rnaterlal andthe progress of this appriiairon-.--f!-u-rt-rr". ";d;";6;a-[ii'i aoaitional feesnav be charsed for c6nsulri.ie ' t""-;, - i"""+i11ty--;;r;i;;, erc. wrth anesrlhate prlor to any authoriiiifoiii.,proceed with. tnUili,iv,. The docunentsi#"#utT:"tlon r r,i". -J'ir,iii;;;"";:"tr,"-irif l;;;'J'iy rhe besr of my r Papr Ca Its also urrderetand t hat after the a PP rova I or: granElng ofrrnitg sha1l be ln valid unless th ey t ts granted v are recorded a ? J. alnEtthlnoperty for rhlch the approval /pemLCounty R ecorderr6 Offlce the orJ.glnal dords . €.. Slgnat ure of ApplicanT Date the permltthe tltle 120 day6 wlleturned t I auchto theth theo Clty I 6i gnatur€ of Fee Orner and Date A ocunent t i i -l rll r CITY OF EHANHISSEN STAFF REPORT PC DATE: CC DATE: CASE *: By: 8/15/eo e/1o/eo 90-7 site Plan/ SUB Krauss/v Fz o =LL ls UJFa 1) Site Plan and Prelininary plat Approval for the FrontierCenter shopping Center Addition for a 16,116 Square FootAddition 2) Prelininary Plat Approval to Replat the Site South of West 78th Street, east oWest of Existing Frontier Center Clayton Johnsonfor Bloonberg ConpaniesP.o. Box 100 Chanhassen, IIIN 55317 PROPOSAL: IOCATION: APPLICANT: Llt S " - .'. L. 1a.r 't 5,' tt)[Ji" t:, W--Eru Itrt T)- - f- 15'q c f Country Suites Hotel , ,rrJ r i.L Li f:.,.,.. PRESEN? ZONING: ACREAGE: DENSITY: ADJACENT ZONING AND I,AND USE: WATER AND SEWER: PHYSICAL CHARAqTER. : 2OOO IAND USE PI,AN: The site has been intensively developed. The new building viII in part replace an existingstructure that has si.nce been removed andfortoally housed Hooked On Classics. cBD, Central Business District Renains to be deternined - Approxinately 1acre commercial N - CBD,. Retail Squares - cBDt property owned by Bloonberg co.E - CBD, Frontier center W - BG, Country Suites Hotel Frontier Retail Center Augrust 15, 1990 Page 2 PROPOSAL/SIN,I}IARY The applicants are requesting approval to construct a new retailaddition to the Frontier center conplex. The center will encoupass15,116 gross square feet, of which LL,g22 square feet is newconstruction and 4,294 sqluare feet is reuse of eiisting space. Theexisting space is. currently occupied by the AniDal fair-builcting.The balance of this site was fornerly occupied by a buildinq thitnost recently housed ltooked on C1assics. That building was renovedto facilitate construction of _ the adjacent Country HospitalitySuites Hotel . In accordance with general concept pians ior thisconplex generated previously, the new retail wiff Ue provided witha co-\rered pedestrian link to the Country llospitality Suites Eotel .Ultinately, conceptual plans envision the construction of a skywayfro.n-the new shopping center into the existing Frontier Centerbuilding which will arlow veather controlled acc6ss fron the hotelthrough the retail complex to the Chanhassen Dinner Theatre. Theretail center is designed around a central corridor for pedestriansand rrill be provided uith two entrances. plans cail for theconstruction of a 5,000 square foot fulI service restaurant touardsthe rear of the new addition where it will overlook the courtyardthat. separates it from the hotel. Building architecture- isconsistent rrith adj acent buirdings that utilize -wood siding rith acedar s-hake.shingle roof that lrould arso be used to screen ioof topnounted equipnent. Staff- is supportive of the general concept being proposed. It haslong been envisioned that there would bL a retlit iervice centerconnected by weather controlled pedestrian walkways linking thehotel to the dinner theatre. There are obvious bLnefits to allproperties involved including the addition of substantial newpedestrian traffic for retail tenants, provision of restaurantservices for the hoter and for the cornrnunity and Dore effectiveutilization of parking facilities through joint parkingarrangements. However, staff has a sigmificant reser:vatton nithparl+lg adequacy for this proposal and over the applicantsinability to produce an overall developnent scheme that ef-f-ectivelyties together future developnent of aII properties in theiicontrol, including those oriented to ttre south of the existingretail strip. At the Cityts request, Hoisington and Associateiundertook a palking analysis of the proposat whLch was designed tobuild upon their previouE rrork in tlis- area. A copy of tlie fullreport is attached to the staff report, however-, - the generalconclusion is that there is an overaLl shortfall of spaces-in theentire conplex and more inportantly, there is a sliort-fall ofspaces that is anticipated in the area that vill directly serve theentire Frontier Center retail developnent. However, ihe reportgoes on to note that a parking short-fall, when it occurs, is notlikely to naterialize until existing retail tenants are repia-ed byuses that capitalize on the traffic being drawn into the c-enter and Frontier Retail Center August 15, 1990 Page 3 thereby generate higher traffic denand. The Zoning Ordinanceallows the City to consider joint parking arrangenents such as theone being proposed to .satisfy City ordinances. Unfortunately,parking studies of this nature are not an exact science buirepresent educated guesses as to uhat nill occur based upon studiesof sinilar situations elsewhere. Staff continuei to havesiglificant reservations over parking suitabitity for thisaddition. We in no way believe that current experlence in theshopping center niI1 represent trhat yiI1 occur in ttre future andare_ particularly concerned with the additional 5,OOO square footrestaurant space since this will generate large parking deuands attines the center is -going to hive the Leasl inount- of parkingavailable. However, based upon the reconmendations of the City!!consultant, staff is recomrnending acceptance of the parking plin.At the sane tine we strongly believe that if parking is to iork onthis site, a series of conditions are requir6a. Thise conditionsinclude: 1 Pernanent cross access and parking easeDents shal1 be filedover aII properties that conprise of the Frontiercenler/Bloonberg/Dinner Theatre/Hotel conplex. The easenentshall involve the City in the chain of title so that rightscannot be unilaterally elininated by property olrners in thefuture. No nerr food establishments shall be considered over and abovethe current restaurant, anln here in the Frontier centerconpLex, the hotel or in the dinner theatre. This conditionsill be enforced until an acceptable overall developrnent plandescribed below has been prepared and accepted Uy tfre CiLy. At the tine the new addition is granted a certificate ofoccupancy, all rental equipnent currently located in parkingstalls along West 78th Street be removed. The property ownei The orrner rrill ensure thatparking 1ot. As necessary,affected area. 2 A parking area with roon for 40 autonobiles Ehall be paved atthe rear of the conplex in the vicinlty of the currentlocation of Hooked on C1assics. fhe osner wiu Ue responsiblefor- ensuring that a1I retail tenants are required -to haveenployees park in this rear parking area to freL up stalls inthe front. An appropriate requirenent shall be pllced in al1lease agreenents. The owner should be held liable forconpliance. no snow vill be stored in thesnow shall be renoved from the 5. 3 4. Frontier Retail center August 15, 1990 Page 4 5. No new additions or nodifications to bulldings or uses of anyof the involved -propertJ.es vilt be considered unless they arepart of a coordinated development program that addresses thedesign, access and parking needs of the entl.re complex. No truck delivery parking uill be alloued anywhere innorth parking 1ot of the Frontier Center betreen 11:30and 1:30 p.n. on ueekdays. 7 the a.m. 8. The- drivet ay running betveen the north and south parking lotssha1l be paved. At the present tine, this is ih verf poorcondition. A replat of th-e property is required to support this proposal. Atthe present tine, a lot line is actually lbcated so -thit it ni1lpass through the niddle of the restaurant. This is unacceptable tostaff fron a .zoning ordinance standpoint and also is unaiceptableto our Building Inspectors. The applicant has been inforied ofthis on severar occasions but has raiteq to subnit a subdivisionrequest. staff, however, has taken the opportunity to puUiisU tfrereplat, therefore, we are reconmending that pielinlnary platapproval be granted to relocate propertf lines iecone conjistentwith the redevelopment proposat ana proviaed a condition that saysthat no -bui1_ding pernit shall be isjued untit final plat has beenapproved and the plat filed with all the reguired eisenents withthe county. BACKGROIJND A:. the. Planning Connission j.s aware, developnent on this andadjoining properties has been an ongoing proceJs since the adventof the Dinner Theatre. There have beln nurnerous redevelopnentproposals and actuaL developnent projects that have invoLveddevelopers, the City of Chanhassen and the Chanhassen Housing andRedeveloprnent Authority. The nost recent developnent has been theconstruction of the Country Hospitality Suites Hotet which is dueto open this nonth. The Frontier Center addition is consistentwith an overall plan designed to anchor retail with the hotel onthe west end and the Dinner Theatre on the east. GENERAL SITE PI.AN/ARCHITECTURAL DESIGN civen the highly developed nature of thl.s site and the desire toconstruct a pedestrian linkage betireen adjacent buildings, there isnot a trernendous amount of design flexibility available on thissite. The building is oriented Eowards west ,gth street and willbe served by access points and parking lots that are used 1n connonrrith the hotel on the west and the existing go'nFlex on the east.Interior retail spaces will generally be - oriented tonards thebuilding exterior along the parklng lot while the restaurant space Frontier Retail Center August 15, 1990 Page 5 will be Located off an internal corridor with views out over aIandscaped courtyard that separates it fron the adj acent hotel . Staff can offer littLe in the way of desigm improvenents to thesite plan; horrever, we do have reiervationj ritfr it. Our prinaryconcerns are that this and adj oining buildings are orientea to ttrenorth torrards a parking area that is sinply too snall toacconmodate all of the demand. The aecond is that the applicanthas yet cone to grips with the need to reorient the Eita-to thesouth so that developnent can occur in the future and that longterro parking situations can be adequately resolved. As an exanpl6rre note that the current proposal will leave a driveway fron thenorth parking 1ot the south intact, however, this drive-way is notsufficientry wide or attractive enough to induce custoroeri to parkon the lover revel- rnternally the uay in which the deveropmenl isbeing laid out makes future connection to the south arl €he roredifficult. We believe that to address these matters in asignificant and effectiyg yay, wiII reguire a najor rethinking ofthe site layout and could involve the iernoval of al1 or a pori,ionof the -existing Frontier Building or other structure to 6pen upaccess betrreen the north and the south. In addition, therl wilihave to be an active design effort ained at faciiitating thepassage of people between the different elevations that occui fronthe north to the south. How this vil1 be done j.nternally and orexternally remains an open question at this tine. Architecturally, the building is consistent with the architecturalstyres that have been enployed on the existing Frontier centercoroprex/Dinner Theatre and rith the new hotei. The exteriorincorporates 8 inch cedar 1ap siding that will be painted. Nocolor has been indicated for the building, however, sfaff believesthat it should be painted in earth tones sinilai to eiitr& tneexisting Frontier. Building or to the hotel and is accordingiypro:rided as a condition. Trro entrances are provided, one Ueing ftrlexisting Aninal Fair entrance and the other-being a'nore prominent 9?nopl covered entrance oriented to the new parking lot. The roofline incorporates the built up mansard roof sec€lons that havebecome connon in the community and are effective in screening rooftop nounted HVAC equipDent. Hand split cedar shakes will beutilized as the roofing naterial. Fice brick enployed on theexisting Aninal Fair building wiII be carri6d under lhe-windows ofthe new addition. Plans seen to indicate that the face brick wiltend at the new entrance to the building. Staff is recomroendingthat this feature be carried along to the sest up to the pedestriaicorridor to the hotel to pronote unifornity and design.- Detailed infornation is not provided on truck access or trashstorage. Based upon th_e desJ.gn of the center, it appears as thoughtrucks could use a loading dock and exterior trash-itorage locatedon the east side of the building off the driveway betveen the north Frontier Retail Center Aug:ust 15, 1990 Page 6 and south parking lots. Staff believes that this nay work in theshort run but in the long run this conflicts with the need to openup access from the north to the 6outh. We believe that internaltrash storage will 1ike1y be a requirenent in the future and wouldadvocate that provisions be nade. In the neantime, the exteriortrash storage area should be provided with a masonry enclosureconprised of naterials conpatible with the buildlng exterior. Atthe present tine the dumpster is sitting outslde without anyscreening and re seriously doubt that a single trash dumpster wilibe sufficient to acconnodate the trash disposal needs oi a retailaddition and more iDportantly a restaurant. Details of the trashenclosure shouLd be provided for staff approval. PARKING/INTERNAL CTRCUIATION Assessing parking demand and avaitability for this site is anextrenely difficuLt exercise. It is made coroplicated by the factthat the most intensely used parking area, which will be shared bythe new retail addition, is also the srnallest and 1east able tosupply additional staIls. We also note that there are nultipleownership situations due to previous subdivision activity. itreconplex that is borrrered by West TBth Street, Uarket Bouievard,Hwy. 101 and the railroad tracks. Vthen the parking situation isreviewed, we find that nany of the staLls are iocated- no where near !!g..f5ina-ry palking demand in front of the Frontier Building.AdditionaL conplexity is added by the fact that the ordinancee-stablistres parking requirenents based on specific square footageswhich this _ proposal in no rray conplieJ vith. Horrever, itencou':ages joint use parking plans to be considered as appropriateand if acceptable these can be utilized sithout variaiies-beingrequired. The last cornplication has to do vith peaking hours sinc6the dinner theatre, bowling alley, hotel and riew resiaurant useswill have evening peak hours, while the retail and restaurant willhave daytine peak hours. There is also a concern that over tineretail hours will be extended into the evening to take advantage oftheatre and hotel traffic. Given the cornplexity of this issue, theHoisington croup - iras retained to perforn a parliing analysls. FredHoisir,rgton is uniquely qualified to undertake thil stud! since hisorganization has perforned sinilar analysis in the past in the samedevelopnent. Based strictly on zoning ordinance requirenents, the 11,116 sguarefeet of retail plus 5,000 square feet of restaurant being profosedon_this site generates a requirement of 156 parking stalis-. iherewill only be 43 new stalls on site construclted ac-cording to thispI?n: Thus, for parking to be acconnodated, lt is requirLd that aj_"i"! parking progran with adjoining properties 6e required.Hoisingtonrs analysis attenpts to gain -an -understanding 'ot to,joint parking on this site niy work. The report is printea in fuffand accompanies this staff report. L sunrnlry of €tre conclusions Frontier Retail center August 15, 1990 Page 7 includes that a total of 957 spaces will be available with thetotal requirement at peak use of 945 stalls. However, this isnisleading since the stalls are not located in the areas where they have - any utility for the new Frontier Center. uore importantly,parking demands for the old Frontier developnent plul the newFrontier center will peak during the noon hour lnd the A:OO p.D. to6:00-p.m. periods when approxinately 150 parking stalls wi:.f Uerequired with a total of 143 being availabLe. Weekday noon-tinepeaks are also likely to becone a concern due to restaulant use asretail traffic increases. ft is thought that the dinner theatreuill not compete significantly for parking during these periods.The report concludes that the parking situation is nolt idealalthough in the short run it nay rork. As tine goes on and retailtenants are replaced by nore active uses, there will clearty be aparking. short-fall. Until that occurs, parking denand will ixceedsupply infrequently. Staff is not entirely comfortable with the conclusions of thereport. We believe that parking short-falls in this area couldhave serious on site and off site repercussion. On site trafficnovenents could becone difficutt if not hazardous, resulting indirninished satisfaction with shopping in the chanirassen centralBusiness District, traffic safety hjzards and potentially firesafety or energency vehicle access problens. otf-site pr:oblenscould result vith traffic- stacking on pubric streets and ipillingoy91.i-n!o_other parking tots in ihe area that are alreadi bei;6utilizbd- by their property ordner. Eowever, in light ot tfrireconmendations of the -consultant ls report, staff is witling torecomend approvar of this project but onry in accordance vifh aseries of well defined and directed conditions that wirl be useal toaddress the problem and to nitigate itrs effects. These includethe following: 1 Pernanent cross access and parking easements shall be filedover all properties that conprise of the FrontierCenter/Bfoonberg/Dinner Theatre/HoteL conplex. The easenentsha1l involve the City in the chain of title so that rightscannot be unilaterally elininated by property ouners in-thefuture. 2 The parking area with room for 40 automobiles sha11 be Davedat the rear of the conpLex tn the vicinity of the cuirentlocation of Hooked on classics. The owner vilt Ue responsiblefor ensuring that all retail tenants are required to haveelployees park in this rear parking area to free up sta1ls inthe front. An appropriate requireuent shall be pllced in allLease agreements. The owner should be held liable forcornpl iance . Frontier Retail center August 15, 1990 Page I 3. No new food establishments shal1 be considered over and abovethe current restaurant, anyuhere in the Frontier centerconplex, the hotel and dinner theatre. This condition wil beenforced until an overall developnent plan described beluo has been prepared and accepted by the City. 4. At the tine the new addition is granted a certificate ofoccupancy, all rental equipnent currently Located in parkingstalls along West 78th Street shall be reno-ved. The property ormer shall be held responsible for this reguirenent. 5 6 7 The onner will ensure thatparking lot. As necessary,effected area. no snow will be stored in snow shaII be reuoved fron the the 8 No new additions or nodifications to buildings or uses of anyof the involved -properties wiII be considered unless they ar!part of a coordinated developnent prograE that addressel thedesign, access and parking needs of the entire conplex. No truck delivery parking will be alloued anywhere in thenorth parking lot of the Frontier Center between 11:30 a.n.and 1:30 p.m. on weekdays. The- driveway running betueen the north and south parking lotsshall be paved. At the present time, this is in very poorcondition. Internal circulation and access to the Center is satisfactory solong as noveDents are not affected by the aforeroentioned parkingproblens. Staff has also devoted some discussion to the long termneeds and short term requirenents for inproving access between thenorth and south parking ).ots. The parking lot layout is consistentwith new parking lots serving the existing Frontier Building andwith the Country Suites Hote1 that border the site. There is anunusual and potentially dangerous design of parking stalls locatedirnnrediately in front of the existing Aninal fair- building. Theproposal calls for parking around the radius of a curve. Webelieve that this has the potential for creating traffic movenentconflicts since cars will be backlng out at unusuaL angles into 3oncoming streans of traffic. We are reconmending that the radiusbe elininated and that parklng be provlded ln a continuous bandparalleI to existing aisles in the parking lot. Revised detail ofthis area as suggested by staff is provided. We are also areproposing the- concrete sidewaLk be carrled to the eastern propertyline so that it ui1l facilitate pedestrian cross traffic tfriougfroutthe Center. Staffis proposal results in the creation of oneadditional parking sta1L. LANDSCAPING Frontier Retail center August 15, 1990 Page 9 2 3. The landscaping plan is unusually nodest and represents 1ittle inthe way of new plant Daterial. There is very linited rooD forlandscaping on this site and extensive landscaping has already beenprovided along the street right-of-uay and surrounding the hotel.Existing plant naterial in front of the existing eninal fairbuilding will also be preserved. Staff vishes there uas soDeeffective uay to get additional landscaping installed but theresinply is not. DRAINAGE AND UTILTTIES There are few issues pertaining to drainage and utllities since thesite. has already been .intensively developed and is alreadyserviced- The Engineering Departnent is reconmenctinq that Iseparately netered, privately osned and naintained watei servicesha1I be installed and connected to the existing 8 inch waternainunder the.proposed parking 1ot. A detail of this inprovenent hasbeen provided in a report from the Assistant City fngineer. Theyare also reconmending that the proposed building disconnect andrernain. pernanently disconnected fron the existing uater serviceextending frou the building to the east. No revisi5ns are proposedor requested to drainage or sanitary sewer inprovenents. - FIRE AND BUILDING CODE REOUIREI{ENTS The City Fire llarshal has recommended 3 conditions for approval asfollows: 1. InstaLl rrNo parking and Fire Department requirenents.Lanex signs as per Fire fndicate the location of Fire Departnent sprinkler connectionfor approval. Radius cuts in the parking areas Dust be approved by the CityEngineering Department to ensure unrestricted acceis of firivehicles. The buiLding wilt be ful1y sprinklered and will meet all currentfire codes. The City Buildting Official has provided an attachedmenoranduD outlining requirenents for final pians. SIGNAGE,/LTGHTING Staff has requested the applicantts architect provide sone detailof -proposed signage nhich is illustrated only on the transparencyreductions acconpanying this report. Appaiently, ttrey riistr toretain the existing pylon sigm located on l{est leth street andsupplenent this with 9 mansard nounted tenant signs and 1 shoppingcenter identification sign located over the uain 6uilding entrance. Frontier Retail center August 15, 1990 Page 10 It is indicated that the signage siII be approxinately 24 feet highrrith rrparticular design to be deterrnined per tenantr. Staft finasthis signage proposal to be unacceptable ind inconsistent with theretail complex being proposed. We note that the nunber of signsappears to be excessive since there are 9 nansard signs for what isapparently only 5 tenant spaces and that there is really no detailprovided as to total sign area or acceptable sign style. Theordinance allows one wall business sigm -per streelt frointage foreach business occupant within a building with total rall n-ountedsignage not to exceed 15t of the total iall area. The ordinancefurther requires that under section 2o-L267 that nulti tenant andconmercial and industr.i.al buildings shall have uniforn sigmage.staff is reconmending that a set of sign covenants acceptaSle -to the city be developed. These covenants lhould provide fo-r unifiedsignage such that aI1 tenants, for exanple would use nansard.mounted back-lit letters of sinilar size and that sign areasappropriate to the tenant be established. Staff sould als-o preferthat-the existin-g pylon sign which is inappropriately locatid andpoorly designed be replaced. However, we -are wif :.ing to accept itso long as the reader board aspect of it is elininatid. The pylonsign should be used sorely to idvertise the Frontier center itser.fand one- oI two- naj.or tenants. A revised sign package should beprepared for Planning Cornmission approval. STTE LIGHTING No details have been provided on site lighting. rt is assuned thatexisting parking lot lighting vill generaUf suffice. plans for ?ly- lgr, liqhting should be subnitted for statf for approval. A1IIighting sources must be fu1ly screened. PI,ATTING The current proposal wiII result in the building being bisected byan existin-g property tine. The line will actuilly dross througirthe area designated for the restaurant. Staff his indicated onseveral occasions that this is unacceptable based on zoning codeand building code requireroents and has ieguested a prelininar! plat f9T th9 area be prepared. To date, the applicant iras not pr6viaeathis platting infornation, however, staff- -has taken the li'berty ofadvertising the subdivision. Since we believe that this fs arather sinple request that will result in the relocation of theproperty line in a Danner consistent yith the exterior buildingwa1l, we are reconmending that prelininary plat be approved bu{,that no- brrilding pernits be islued untit tinal pljt- has beenapproved by the city Council and the plat and aII requiredeasenents have been filed. The easements in question ref-er tocross parking and access easenents that wirr be r:ited against thisparcel and all other parcels in the Frontier Ce;terlDinnerTheatre/hoteL conplex that front on West TBth Street Frontier Retail center August 15, 1990 Page 11 CoUPLIANCE wrT'H rHE oRDINANCE - CBD District Uininurn Ittininun Mininun t{aximum llininun Iot Area Lot Frontage Lot Depth Lot Coverage Setbacks Ordl.nance 10r000 s.f. 100. 100 t No requirenent 0 No requirenent 156 stalls l{axinum Height Parking Required * Negative 21t setback is not alloved by ordinance and will berectified by replatting. ** Significant parking short fall is acconmodated by 2 jointparking program as allowed by ordinance. Varj.ances Required - None ass urning acceptable resolution of abovenentioned iterns. STAFF RECO!{I.TENDATION Staff reconnends that Site plan Revies il90-Z and prelininary plat #90-14 be approved subject to the following conditlons: 1. Revise architectural plans to carry face brick below thewindow line to the nest end of the building. Denonstrate tostaff that adequate trash storage facilities are beingprovided in an -acceptable location. Exterior trash storagefacilities sha1l be Bcreened by a Dasonry uall designed to beconpatible witb the new construction. 2. Parking requirenents: Proposed Appr. tto,OO0 s.f 160 | 250. 90+t ll-L25 | E-3 t s-21r* W-16 i 251 43 stalls ** Permanent cross access and parking easenents shall befiled over aII properties that conprise of the Frontiercenter/Bloonberg/Dinner Theatre/EoteI complex. The easement shall involve the City in the chain of title sothat rights cannot be unilateralty elininated by property orrners in the future. The parking area with room for 40 autonobiles shaLl bepaved at the rear of the conplex in the vicinity of thecurrent location of Hooked on Classics. The orrner nil]be responsible for ensurj.ng that all retail tenants arerequired to have enFloyees park in this rear parking areato free up sta11s in the front. An appropriaterequirenent sha1l be placed in alt lease agreenents. Theowner should be held fiable for cornpliance. No new food establishrnents sha1l be considered over andabove the current restaurant, anywhere in the FrontierCenter complex, the hotel and dinner theatre. Thiscondition wil be enforced until an overall developmentplan described beLow has been prepared and accepted bythe city. At the tine the new addition is granted a certificate ofoccupancy, all rental equipnent currently Located inparking staIls along West Tgth Street sha1l be renoved.The property orrner shall be held responsible for thisrequirenent. The owner will ensure that no snow will be stored in theparking Iot. As necessary, snou shal1 be removed fromthe effected area. J No new additions or nodifications to buildings or uses ofany of the involved properties vilt be considered unlessthey are part of a coordinated developnent program thataddresses the design, access and parking need! of theentire conplex. No truck delivery parking will be alloued anyuhere in thenorth parking lot of the Frontier Center betrreen 11:30a.n. and 1:30 p.n. on ueekdays. - Th" driveway running betrreen the north and south parkingIots shal.1 be paved. At the present tine, thia is i;very poor condition. Revise parking plans in accordance rsith staffrsreconmendations and irork irith the City Fire lr{arshal to ensurethat adequate turn radii are provided. Frontier Retail Center August 15, 1990 Page 12 4. Revj.se utility plans as follous: Provide final site and recommendations of theofficial . building planas consistentCity Fire ltarshal and osned and naintained and connected to the with the Building A separately rnetered, privatelywater service shaLl be instalLedexisting I inch watermain under the proposed parking lot(see attachDent) . The proposed building facility ahalldisconnect and remain pernanently discoinected fion theexisting water service extending iron the building to theeast. 5 5. Provide a revj.sed sign plan for planning Coumission approval. 7. Provide details of any proposed exterior lighting for staffapproval . 8. Prior to issuance of any building petmits, tbe site must begiven final plat approval and the plat filed with aII requiredeasements. rr ATTACHI.[ENTS 1 2 3 4 5 6 Letter fron Bloonberg Cornpanies.Parking analysis. lleno fron Fire tilarshal dated JuIy 11, 1990. Meno fron Assistant City Engineer dated July 24, 1990.l,leno from Building Official dated August 9,-1996.Reduced copies of plans. Frontier Retail Center August 15, 1990 Page 13 BLOOMBERG COMPANIES INCORPORATED P.O. Box 730 - CHANHASSEN, MINNESOTA 55317 - 01OO - (512)934-5850 EILUOMBERG COMF'trN I ES INCORFORA EI) Retai 1 Developrnent We have strbrnitted plarrs fc.r a letO(,() square foot retail bui ldir'g. This buildir'g is to be constructed next to the hotel arrd cc.rrnected tc the currerrt "nrrimal Fair" structure. fhis buildir,g will hc.use a reEitaurant of approxirna+ely =, OOO square foc.t tc serve the general public end hc.tel guests. fhis building replaces a 16rOO(, squere foot structure that we dernc'lished tc, improve access tc our site arrd the hotel site arrd tc, accornrflodete the overall parkirtg plan for the sc.uth side c,f l.Jest 7Bt h St reet . lhis building t.riIl be c.wned by the Blc.c.mberg C(]mpanies and Hill. be c.perated as Frorrtier Center. Frc.ntier trenter tdill include the fC.llc'r.rirrq retail structures: New ttni ),dirrg 11r 6eB sq. ft. Existirtg Arrirral Fair Retai I 3, OC)O Front i er Bu i 1d i r'g our}^errt Hardware St(f,re Cut.rent DeI i Uurrent office Current Drug Stc,re Arrd Ha i i. Sa I orr 4, 8O(, 1 , (,C,(l 3, OCrO J,6CIC' ?9, Ct?8 Rest a urent Retai I Offiee 5t OC,O 18, oeB 5, OO(, 'l'his cerrter i,Ji ll Eerve to cc,rrnect the preper.ties et either efid the Dinner Theatre to the east and the Hotel tc, the west, It is very sirniler irr Eize and use to the North 6ide cf 78th St. r.thich currently includes Retai I l.rest a}1d the Riveria. I'heBe prc.perties alsc cc.nnect te properties facing south arrd thi5 pc,rt ic.rr we lrc.uld expect to be a part of future developmer,t.'l'his future develc.pment r.rould corrnect the existir,g FMG wa''ehouse and Hc,oked on Classics Frontier buildirrg to retai I uses that Hc.uld be cc,nsisterrt hrith a plarr f(]r that area. . FRONTIER LUMBER & MILLWORK . 8L@MBERG @NSTRUCTION . . CHANHASSEN FURNITURE GALLERIES . RECAF,: HGI LAN0 USE @|SULTAiITS To: From: Subject: Date: EBABOSAL The proposal by Bloomberg Company Inc' is to conslruct a rctail devetopment between the nJw Country Suites Hotel and the existing Animai Fair structure on the South side of West 78th Street. The size of the Animal Fair/Frontier Center complex is proposcd to be I 6' l I 6 gross slrur. f""t, u'ith 11,822 squarc feet of n1w construction and 4'294 square i.r, already existing. ihe Frontier Center is proposed -to have a restaurant/lounge comprising approximately 5,000 square feet' The Center is designed to focus on an internal pedestrian corridor' F\-IS'I'ING CONNITIOIiS/PARKING SUPPI Y According to the Frontier Center plan plus spot checks in the Jield, there are at le-ast 957 parking -sPaces cxisting in thc Study Arca lying east of lr{arket Boulevard, sou-th -of Wcst 78ttr Street, wcst of Great Plains Boulevard and north of the Soo Line Railroad tracks. The following is a summary of available Parking. PARKD{G EXISTDIG/PROPOSED Existing Frootier building retail Chanhassen Bowl and adjaccnt warchouse Country Suites Hotel Proposed Frontier Center Total Spaces 288 surfaced (uPPer lot) 40 cmployee (lower lot) r00 393 93 43 73oO Metro Blvd. . Suite 525. Minneapolis, MN 5$35 ' (612) E3t990o 957 Hoisington GrouP lnc. MEMO Paul Krauss, Planning Director Fred Hoisington, Planning Consultant Parking Supply and Demand Analysis - South Side West 78th Street 8-6-90 USE Dinner Theater ass!.ulEuoN.s The calculation of Parking follow ing: demand is based on' among other things, the 1. The warehouse adjaccnt to Chanhassen Bowl is fully occupied w areh ou sc . asa 2. Because of the nature of Hooked On Classics and a very patron generation rate, it is atso categorized as warehouse purposes of calculating Parking. 3. The Hogarth Lounge locatcd in the dinner theater complcx functions a ,.rt.ir.nt during the lunch hour when parking demands are critical. It functiois only as a lounge during theater operations. is available 40 spaces employees. low retail sPace for AS not the dinner utilized for4. While considerable unsurfaced parking theater's tower parking lot, only about theater oPe.tations and those are used by ln are 5. For purposes of establishing parking demand, the restauranl and lounge ei.ment of the proposed Frontier Center is treated as if it rvere an intcgral part of the hotcl complex, 6 . while mosr of the old Frontier building retail establishments currently close at 6:00 p.m. on weekdays (two remain opcn until 7:3O)' rhis may noi at*ayr be the case. An -increase in the mass of retail will create Synergyandmaycauseretailerstoextendtheirhoursofoperation. PIBKING.SJ.IBYEI, On Friday, August 3, 1990, a count was made of vehicles parked in the Dinn., Theater- and old Frbntier building parking lots berween ?:00 and iSO p.rn. At 8:30 p.m', parking accuniulition in thc upper lots-reached ipO .'.rr. A total of tA'pr"srrid employee cars were parked behind the Dinner Theater in the lower lot. According to Dinncr Theater Management, 5-01 guests were present at thc three peiformanccs during the survey pcriod' There were no grouPs prrrrni who would have aicesscd the theatcr by bus' - Thi-s translates to a parking demand of one auto for cach 2.34 Patrons' Based on an assumcd iOVo iroup attendance during pcal Patronagc periods,- it is reasonable to "rrurnf a parking requiremeni of one space for cach 2'9 seats' It is important to note that only three thcaters, having a total of 900 seats' arc opeiating during most of ihe year. Use of the fourth theater during Norember aiO Dec".Uer is possibli though not certain' When all four are operating, capacity is 1,148. At full occuPancy, then, th^e^Dinner Theater would riquiri :e6 parting sPaces' It currently provides 328 spaces' CONCLUSIONS/PARKING NEMAND l. The Study Area as a whole will provide sufficient parking to accommodate the existing development plus the Country Suites Hotel and the proposed Froniier Cenier. At least 957 spaces will be available ana- a total of approximately 945 spaces will be required upon completion of the Hotel/Frontier Center development' 2. The peak parking demand period will occur between 6:00 and 9:00 p.., tn a iriday-evening. Distribution problems aside' during the peak demand period, parking- will only occasionally exceed the available supply of parking spaces for the Study Arca as a whole' 4. Parking demands for the otd Frontier development .(extending from the Firniture Store to the Rental Center/Hardware) plus the new Frontier center will actually peak during the noon hour and the 4:00 to 6:00 p.m. periods when- approximately t50 parking.-spaces will be required with 143 available. Thc Dinner Thcater will not compete significantly for parking during these periods. 5. The critical pcriod is from 6:00 to 9:00 p.m. when the Dinner Theater does compete for parking with retail uses' In the short-term' there *iii Ur no problem with parking if the old Frontier complex retailers maintain thiir present oPerating hours. If that should change' however, a future parking- problJm will arise. Attributable in large part to distribution-probtJmi, thcre will-not bc adequate palk^ing for "ll ur"r, when all itores remain open during the 6:00 to 9:00 p'm' period and the Dinner Theater is nearing its scating capacity' 3. The proposed Frontier Center will also p.m. period at approximately 78 sPaces. proposed to be constructed. peak during the 6:00 to 9;00 Only 43 parking sPaces are Parking Memo Pagc 3 6. When future capacity is rcached' the hotcl parking- lot will not be useable by non-hotJ P;t;;;-;h;te destination is the restaurant and retail center becuuse '-oti f'ot"f parking - is distant' That wirich is closesr to the propor"J--or*' rrontier - center will very likely be iiliJlli-uy inJ nit"r for short-term parkers' cross easements are 'no, propot"d as Part of the Frontier Center plan' RFCO\II\{FNTIATIONS The use that is proposed is very much in- kecping with the downtown redevelopment concept'*iiJ calls for retait shops and restaurants to be part of the hotel/dinr.r'ii""tt -t"rnpr"*' Furthirmore' a restaurant will be a very imporrant p."-'oi-ii. -troiit comptex but the parameters within *frl.t tt,i retail proieit must occur are unbending' Itisouropinionrhataparkingproblemwillexistifanrlwhentheexisting retail development (na'rJwa'Etr'entar Center' ctc') is - upgraded. arrd/or hours are extended .;; 1;; Dinn"t Theater is competing .for. the same puiting tprtes during the 6:00 to 9:00 p'm' period' Unrit that occurs' ;;;'il;; o'..a"a *,i exceea -supply only 'ety infteq'ently and perhaps not at all. While rhe situation is not ideal and a protlem will Gvolve over time' thcrc istimetodevelop"'orution*ithoutholdingupthecurrentproposal.We;.;;; .pftorur oi ttt" prtn subject to the following conditions: l. That cross easemenfs be provided to assure the sharing of parking' 2. That an overall plan be prepared for the Study Area before any futurc approval is gt."i"i- b', -;h;- - c.11r tot additional development/ redevelopment. riis-prari should illustrate how total parking demands can and will be satisfied' 3. Plans should be PrePared and further Platting is req before any further land sales are transactcd uested of the CitY. Parking Mcmo Pagc 4 Au9 . 7 ,90 14 :35 P .0€'TEL N0.855-3160 \ ., QI aa 11 \ I I I i alI \ I , ,,/ ..1) -:) )r !i J- lr L^'l+l) -'++ i:1 -/'/( li .lL "[ ol!i: *+ EI ?g, I I c 'o 8 I( J I.f -\$ r0rV-) ? I sl !tY,l II * ; I- 0 GF ? I I ! I )... ag '{I It,; -t Z J L UJ F 0 \\. It l i I I I I I I I t, l + t- {__ * g Jr -:r il ri o$ T i-tl i I \ IJ t .:t ii vtii 1t!i eiaa t-t i; I .l ,), HOISINGTON . r-.{ .- -.. .., i I ! I i I i I I 1 ( I I I \ \ \ \ I .J P.2 UEi J .J o ii{Atfl{AsaEi [.o]i[Ttilt{ REDEVEL0m TpAr(ir0 iru$|} rc$mAsi slruTt 5t9i - E[5I:i6 leVELC?rErI FL:-j i!,i; .q$ iEiIIL ust SIiE PT neii Rf lt Pic{ 0EIAritr ruLI: {[,]iisiEt PiJaFCSE 9 r i: Pm$$ riflnu.Al: 0i (FfiMr{trnln :-l t-6t I__-._t I---._-l ?ti l-2 6-9 i'..itl I nf CEXTEN LAI{ES IAR/At;i F: -I:S SAll0uiT LLH5: IL' MRE!(ruSE ltG.:Er. R"i0rs ftE5Iil0[J NEIAit DII ER TiEAiTf, 8Ai il]6(RI! IiiEA:ERS 3&!i0uET s!.iE: FUnl CC{V FET TTTI:E i---.t I 21 s/i.n! l2S l/2.5 s 500 l/? ,rs lCO t/l s 1i000 112000 22000 1n000 S{ 1.05/rr 500ct0.5/1000 iit20 J.8/10c, J 0 0 I U 2 J 0 f0 ( 20 t0c Ltu :r ( t, JU 0 l?0. s0 150 100 I It 63 { 0 c 2 ll 0 ?0 0 0 0 Jr c t; 'la ti 6C 75 0 50 r00 IN ll{ $ lc0 100 0 0 0ii ?s 0 100 tc t00 50 0 c llr J6 tu!' 50 I 0 0 7t t7 t 0 il t: t0 l0 J t i'! l6 z7 0 I ., s2 7 : 60 I0 5 l0 {0 t00 t0 50 l0 63 :'0 0 s0 8 t: 0 3t tl 0 6C 36 tc 50 6 I 0 It t7 0 60 ?0 5 5C 15 lc 70 ?c 8t t00 t00 50 t00 0 0 ;: /: 9t 88 l2 l0 68 95 t00 t3 r00 t0 :0 n 75 :c0 50 t0 :0 t0 .r 1 3l? It ? 1l 35 90 l llS ?c0 7C0 iil{c r0t?3 t{:0 U2t liz s v2,i rl/l s t,8,,t000 ?.5/1090 5.0/ril}c l. ?,.1940 t8 t5 3e6 67 J JI 51 l, 75 75 ES t00 2 :38 I l9 {8 I tc0 100 lc0 100 ?c t CE t0 I 3r7 3l 1 il c 0 10 t8 6i' i1 ?5 t5 tc 50 95 tl i: 2 5 J3 I il {l l0 30 t0 t( ?c tt ?l 11 ;o 'I$Ttt5 l119 I i0;2,1:ril J0r 6r9 9+{ flc:stx6TxI mqlF irr fc{ ltrllrttt tt I I rttrl E-6-s0 8-r t l-_-___t q c 0 0 2e 0 s 35 20 t0 lc 5 u 3 7 6i I 48 :i CITY OF CH[}IH[SEEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (6.12) 937-s739 IIHTIORANDUM TO: JoAnn OIsen, Senior Planner FROM: Itlark Li ttf in, Fire Itlarshal DATE: July 11, 1990 SUBar: #90-? Site Plan - Betail Mall Bl oomberg Addi t i on Install "no parking fire Iane" signs per Fire Departnentrequirements. 1 Z. Indicate new location of fire department sprinller connect ion for approval. 3. Radius cuts Dust be approved by City Engineering. MEUORANDUU TO: Paul Krauss, Planning Director FROM: Charles Folch, Assistant City Engineer DATE: July 24, 1990 CITY OF CH[NH[SEEN (:r' SUBJ: Site Plan Review for a Retail tqalt Building on LoL 2, Block 1, Bloomberg ad<iition - Frontier CenterFiIe No. 90-19 Land Use Review The site pLan proposes an 11r822 square foot retail rnall building on property zoned CBD and located on Lot 2, Block 1, BloombergAddition Frontier Center. A search of previous history of the property reveals that is wasuntil recently the site of a larger building. This previousbuilding was removed. in conjunction with the construction of theCountry Eospitality Suites improvement project. The parking lot facility to selve this building has beenpreviousl Hospi tal ithe site The roof sewer sy Suites c y approved and is being constructed under the Countryty Suites public improvement contract. The majority of has been and will continue to be impervious surface.drainage system is proposed to tie directly into a storm tem (to be constructed under the Country EospitalityS ontract ) . An existing sanitary serer line is available for service in thenortheast corner of the Eite. A nultiple connection waterservice is also available from the existing builtling to the east. However, an individual water service should be acquired from theexisting 8-inch watermain under the proposed parking lot (CountryHospitality Suites project ) . Due to the tining of the parking lot construction under the Country Hospitality Suites contract, it is recommended that theseutility improvernents be installed as soon as possible to avoiddisturbance of the new parking lot. 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937.1900. FAX (612) 937-s739 PauI Krauss July 24, 1990 Page 2 RECOITII'IENDAT ION S A separately metered, privately owned and naintained water service sha1l be installed and connected to the existing 8-inch watermain under the proposed parking lot (see attachment ) . 2. The proposed building facility shall disconnect and remain permanently disconnected from the existing rrater service extending from the building to the east. 3. In the interest of time, if the new erate! service is constructed by the City to protect the integrity of the newparking lot pavement, the owner agrees to reimburse the Cityfor the cost of said work. CDF: ktm A ttachmen t 1 '€ T R. tr €T < ,J r'rara Y !El^.€e-a '{:?'yffif*4s'" o ou ::.-::"'!) 5 t ? or o o d L I I ---t iL I I I I e 7 . -,1 r'- \ "ot1to r )e 3.1'. Eno0Er--6 .i l5I I rl'\ Zt-z<.- ,14' L ?,re-{ - C:L. ee' ?' PR.OPO.gED BUTLDINCl '"€L:-\ ''E}J-r fay z .z+, z .i-1.lC'. zS E x I gT ' NI q Dtsc.NNEeT FEO/r7 Ex/sr/N4 A.fr7EK sERt//c€ nr7ru//lZea\tT ,l \ 1 .: I I I I CITY OF CH[NH[SSEN -ltBilo DITE (ru/dd /Wl | 08/09 /90 TO: Jo Ann olsen _FROH: Steve A. K I rchman SUBJECT: Planning Case 90-7 690 COULTER DRIVE. PO. BOX .I47. CHANHASSEN, MINNESOTA 55317 (612) 937-1900 . FAX (61 2) 937-5739 TITLE/TO: Senior Planner TITLE/FROH: Building of f icial S ite PIan Rev i eu 3. Building size is limitedl by the type of construction, number of storles, -f lre sprinklers and open area around the buildlng in accordance vlth chapter 5and table 5-C of the 1988 UBC. Area Separation ualls constructeal as specifiedin Chapter 5 of the 1988 UBC nay be used to increase floor area. -4. The covered na11 bulliling nust 55 of the 1988 UBC. be constructetl in accordance vith chapter 1. Buildings nay not closs property llnes. Property nust be leplatted to renove property lines vithin buildings. -2. Separate buildings constructed on the property lines nust be constructeilin accordance vith chapter 5 of the 1988 UBC. Opening protection shall be asspecified in table 5-A. As an exanple no openings are pelDitted on vatls -vithin 5 feet of a property line. r*:r-i f :r f :r f f :I :I ;l f f ;I l l ;l f,E ;l 1988 EOtTtON 5602-5603 parking garaScs are adjoincd by public ways, strects or yards not lcss than 60 fcct in width along all erterior walls. Speclal Provlslons Scc. 5603. (a) Automatlc Sprinkler Systems. Thc covered mall buildinB shall bc providcd wirh an automatic sprinklcr systcm conforming to the provisions of U.B.C. Standard No. 38- l . In addition to thcse slaxdards, the automatic sprinklcr systcm shall comply with thc following: L All automatic sprinller systcm control valvcs shall be clcct cally super- vised by an approvcd ccntral, proprictary or rcmotc station or a local alarnt scrvice wLich wrll givc an audiblc signal ar a constartly attcndcd Ioca(ion. 2. The automatic sprinklcr systcm shall be complctc and operativc throughout all occupicd spacc in thccovcred mall buildingpriorto occupancy ofany of the tcnant spaccs. Thc lcvcl of protcction providcd for unoccupicd tcnant spacc shall bc subject to thc approval of thc building official and firc dcpartmcnt. 3. Sprinklcr protection fortlre mallshallbc indcpcndcnt from that provided for tcnant spaces. Howcver, tenant spaccs may bc supplicd by the samc systcm if they can bc indcpcndcntly cootrolled. Thc respcctivc incrcascs for arca and hcight for covcrcd mall buildings, includ- ing anchor storss, sp€cificd in Scctions 506 and 507 of this codc, shatl bc permitted. (b) -standpipes, There shall bc a Class ! standpipc outlct conncctcd ro a syslcm sizcd to delivcr 250 gallons pcr minurc at cach of thc following locations fo. firc dcpart ncnt usc: l. Within thc mall at thc entrancc to an cxir passagc or :xii corrirJor, 2. At each floor level landing within cnclosed stairways opening directly onto the m?ll 8nd adjaccnt !o principal crtcrior cnrranccs to thc mall, Standpipcs shall bc installcd in accordancc with thc rcguLcmcnts ofChaptcr3S of this codc. EXCEftIONST L Riscrs aDd lstcrals ofClass I statdpipc systcms not locatcd within rn cncloled suirway nccd not bc paotcctcd b] a dcgrcc of firc rtsistaacc cqual to thrl rcquirad for vcrticrl .nclosur€s in thc covcrcd m.ll buildiDg. 2. Pipin8 rnay b. hydr.ulic.lly siz.d. Standpipcs in covered mall hirildings cxcc;ding 50,000 squarc fcct shall bc chargcd with water, The source ofwatcrmay bccithcrby interconnection with de sprinkler systcm or may bc conncctcd with thc domcstic watcr supply by a minimum of l -inch-diametcr pipc. Thc domcsric watcrsupply conncction shallbc provided with an approvcd backflow dcvicc. (c) Smoke-control System. l. Required. A mcchanically opcrated air- handling system shall be installcd in covcred mallbuildings which will rcstrict thc movcmcnt of .smoke to thc gcncral arca of fire origin and maintain thc criring systcm in acondition fiat is safc forcxiring. 2. Gencral: Thc smokc-control syslcm shall bc conncctcd to both thc sprin- klcr systcm and thc sr ,1kc dctcctor systcnr and shall automatically opcratc whcn I 795 5601.5602 uNlFoRM BUILDINO CCDE Chapter 56 COVERED MALL BUILDINGS NOTE: Thls ctlaptertss been rslocated ln lts en rety rrom Appendlx Chapter 7, Dlvlston l. Genorsl Sec, 5601, (a) Purpose. Thc purposc of rhis chapter is to establish minimum studards of safcty for thc construction and usc ofcovcrcd mall buildings having not more than thcc Icvcls. . (b) Scone. Thc provisions of rhis chaprcr shall spply to buildings or srlucturEs dcfincd hcrein as covcrcd mall buildin8s. -Thisch.ptcr docs not apply to tcrminals for t ansportatioo facilitics and tobbies of hotcl, apartmcnt rnd officc buildin8s. Covcrcd mall buildings conforming with alt othcr applicablc provisions ofthis codc arc not rcquind to comply with thc provisions oi ihis chapicr. - -(c) Dcfhltlons. For thc puposc of lhis chaprcr. ccrtain tcrms arc dcfincd as follows: . ANCIIOR STORE is rn cxrcrior p.rimcrd dcparrmcnr storc or major mcr- chmdising ccntcr having dir.ct acccss ro a covorcd mall building bur hiving all rcqulrcd cxits indcpcndent ofa mall. COVERED MALL BUILDING is a sinBIc building cnctosing a numl.rcr oftc!![B.srd occupsocics such as rctail stores, drinkLrg ana dining csiablishmcnls,cntcrlainnc[t rod rmuscmcnt frcilitics, officcs anJothcr simi-I", ,r., *t "iiinhr6.or molr tcnast! havc a main cntancc into onc or morc malls. GROSS LEASABLE AREA is thc total floor srcs dcsigned for tcnanr occu- PaDcy & cxclusivc usc. Thc srca of tcnant occupancy is mcasured from thc ccolcrliocs ofjoina psrtitions to thc outsidc ofOc tinaniwals. AII tcnart 8rcas.&cludl[8 rllas uscd for stongc, jhall bc included in calcularing Sross lcasablc rlEa. MALL is a roofcd or covcrcd comrnon pcdestrian arca within a covcrcd mall buildinS which scrvcs as acccss for two ot morc tcnarts and may havc thrcc lcvcls that orc opcn to cech othcr. (d) Appllcsbuly ol Othcr provlslons. ExccDt as sDccifically rcouircd bv rhis chaPtcr, covcrcd mall buildinSs sh..ll mccr all applicablc provisions ofthis Jodc. lypes o, Constructlon and Roqulred yards tor Unllmlted Area Scc. 5602. (a) lypr of Constructlon, Onc- and rwo-tcvcl covercd mall build- ings may bc of any typc of construction pcrmitled by rhis code. Three-level covffcd mall buildings shall bc at lcast Tlpi Il Onc-houi consrrucrion. Anchor storcs and parking garagcs shall bc limircd in hcighr and area in sccordancc vith Sccrions 505, 506 and 507. O) Rcqulrcd Yards for Unllmltcd Arca. Covcrcd mal! br:ildings may be of unllmitcd arca, providcd rhc covcr.d mall building, arrachcd anchir stoies and 79{ III 1 I I I 't988 EOlTloN 5603 { fl ci6cr thc sprinklcr systcm or smokc dctcctor systcm is acluated Thc smokc- conEol sysicm shall 80 inlo opcration immcdiatcly following actuation of the 6mokc dctcctor. Thc smokc-conuol systcm shall also be caPable of manual oDcration. A smokc dclcclor shall bc provided within thc teturn-ait porlion of hiating and cooling systcms cxcccdin8 lO,0O0 cfm. The dctcclor shall bc in' stallcd ahcad ofany fresh-air intakc. Smokc dctcctors shall also bc provided on thc tcnant sidc at opclin8s inlo thc mall whcrc opcn-typc sccurity grilles arc uscd, Thc smokc-control syslcm shall bc as follows: A. Thc smokc-control cquipmcnt fot thc mall shall bc scParatc from that scrving tcnant sPaccs. B. Thc covcrrd mall buildlnS shall bc comPartmcnted into smokc-control zoncs. Exccpt for opcnings bclwccn thc mall 8nd tcnanl sPaccs, smokc-conuol zoncs shall bc scpuitcd fiom cach othcr by construction having a firc-rcsistivc timc ocriod ofnoi lcss lhan onc hour walls bctwccn lcnant sPaccs uscd to scparale smo(c+ontrol zoncs shall cxlcnd from thc floor lo lhc undcrsidc of $e floor or rcof abovc. C. A smokc conttol zonc sh.lt coincidc with thc area of covcraSe of a singlc rDrinllcr suooM within that Sprinllcr zonc thcre may bc onc or rtx)rc ilir_lnovinB systcms buinoiingtc smokc'iontrol zonc shall bc latgcr lhan lhc sprinklcr rtca' D. Whcn a firc occurs within a tcnant sprinkJcr zonc' lhat zone is to 8o to im Dcrccnt cxhaust 8nd lhc supply aiI to that zonc is to bc shut down' All adjoininS icnaot rrcu rre to go into normal oPcration Thcmall itsclfshall80 lo l0oPcrccnl frcsh air supply. E. Whcn a firc occurs within lhc matl, thc mall smokc'conttol cquiPment shall go to IOO pcrccnt cxhaust and thc adjoining lcnant spaces shall 8o inlo normal opcration. E Thc mall smokc-conuol cquipmcnt shall bc sizcd to providc o minimum of six air changcs pcr hour for malls 600,000 cubic fcct or lcss in volumc and four air chrnrcs Dc;hour for ma.lls of Srcatcr sizc Thc volumc of the mall is mcasured from-thc;nbancc totenanl spac;s and to a hcighl of l2 fccl abovc cach pcdestrirn arca. G. Mallcxhsust inlcts shallbcnot lcss than 6 fcct sbovc (hc walkingsurfacc for cach pcdcstdan lcvcl. H. During thosc hours whcn thc building air-conditioninS. systcms arc nol docratinr. smokc dctcctor or sprinklcr systcms shall bc dcsiSncd so the acuvatlon oi cithcr-will transmit an alarm as rrqutcd in Subscction (a), hcm No l, ofthis scction attd shall sctivatc thc smokc-contsol systcm. 3. Acccpbnce testlng. B.forc thc smokc-conttol syslem is accepted by thc buitdilg ofiicial, it shall-bc tcstcd in his presence to confirm lhal thc system is opcrating in compliancc with thc rcquircmcnts ofthis subsection' (d) Flrc Dcptrtment Acccss to Equipment. R@ms or ucas containing controls for air-conditioning systcms, automatic fire-cxtinguishing systcms or othcrdctcction, supprcssio;or control clcmcnts shallbc idcrtificd forusc by thc fue dcpartment. (e) Tc[ant Scparalion' Each lenant spacc shatl bc separatcd from othcr lcnanl .^;;:"-;" , *ril h"rtnn a fite'rcsrstive rating of not lcss than onc hour' Thc :ff;;l ili; i]i ;;r::l:q,rl:m: :[J."$::Iilj :[X",ill, f",li,l!: Except as requircd by o,h"'Plo'':lol:o;;;;;;,;;;;;;,;;""t spacc and a resistive assembly. A separatton ts nol r ;ii:;;ilil;.;;;v scPararions requircd bv Section 5605 or for smoke- control purposes. rrt n,r,tic nddress Svstem. Coveted mall buildings excceding 50'000.square ...'; i. ';i;n;.,'.r.h;llbe Drovided."ith a public address systcm acccssrDlc Ior l,::l;';ffi ffi i."iil; -iJ'"J,nurr uuirtings of 50'000 squarc rc:' "' l"::il;;ih;;;;;;;;;; provided wrth a public addrcss svstcm' shall havc such system accessible fot usc by thc firc dcparmcnt' aol Plastic Panels 8nd Plastic SiSns wilhin cvery slory or lc''/el and from 'J::#i:;.tffi;Iff'""J,""",i ti""' ot mall' apProvcd plastic pancls and signs shatl bc limited as follows: l. Thcy shall not cxceed 20 Pcrccnl of lhr wall arca facing the mall; 2-Thevshallnotcxcecdahcightof36incheselccptthatifthcsignisvcrtical' ;;:7,i:;:'il;;;liir.ii""o so i*t'"' and tht width sharl nor cxcccd 36 inchcs; l. .Incy sfralf bc located a minimum dishncc of 18 inchcs from adjaccnl lcnants: (h) Leasc Plan. Each covcrcd motl buildin8 orl,ncr shall {-i9: b-"lh-ll' briff";;; i;;';.p;ir.nt' ''ith a lcasc plan showios the location of cach IIj-,-*i^ ,"Jr" .iis afrer lhe ccrtrficatc oi occupancyhas bccn issucd such ffiJililffi;;,ffini -Ho 'Jiril"iont orchanges in occupancv orusc shall #;#i;;; ;;i ;;;wn on the lcase plan without prior approval of thc buildins official. (i) Mixed'Iypc ofConstruclion' Openings bcrwccn an-anchor^storc of-IlPc l' U-iR. or Il Onc'hour construclion and lhc mall nccd not be protcclco (r) Standby Po*tr' Covercd mallbuildings cxcecding 50'OOO sq.u1 It-"::li,l *|lilia'ia -iiif, r""aby powcr systems which are capable ofoPcratrnB thc.puDlrc ..t.lr.<. (v<r.m lhe cxtl slEns. emcrgcncy li8htin8, lhc smokc control actrvatlon ;il;.iii;;;;;k. cont-rol equipment from four adjaccntzoncs actrng srmurra- ncously. Exlts Sec. 5604. (r) Gencral. Each tcnant sPacc and thc covcrcd mall buildinB shall *--oriJ",f *il'ft crirs as rcquircd by this scction and Chaptcr J3 ol thrs cooc' Wf;',;lt tr;;;;;Liu"t*c"n tt " "quitcmcnts of chaPrer 33 and thc requtre- menrs of lhis scctron, the rcquircments of this scction shall aPply' rb) Dctermination of Occupatrt Load' Thc occuPant load permiltcd in any t",ilJta""'"', ,-""', *..1n ico,JJ rnurru"irainp shallbc dctermincd as rcquircd i, i..,1"" iloz "i,rtis codc Ex:t rcquircmcnts ior inclivir'lurl tcnlnt spiccs shall # baserl on thc occupent load thus delcrmined 797 5603-5604 rl -r----lI- UNIFORM BUILDING COOE 1 f1 -fr ifr fr fr llr Ir Elr Ir Ir Ir Ir !r Ir Ir I' Ir !r ! 5604 UNIFORM SUILDING COOE Thc occupant load pcrmittcd for rhc covcrcd mall building, assuminl allportions, including individual tcnant spaccs and the mall ," *L*oi"J "i ,r,. :T-" ]i.o :ldl.* dcrcrmircd by di;iding ,r," e..;;r*ir" *"",#rt i",covcrcd maI buildings containing up to l50,0OOiquarc fccr ot eross irr;ritearca, by 40 for covcrcd rnalt buitdingi conraini"g b"i**"'t.5i;,6bi;; ;:;iirosqu,c.fecrof grcss tcasaulc arca, aniuy so io;d;;ili;;tfi;gH#il, morc rhan 350,000 squarc fccr of grosi lcas"Uf" "r"". gii.iq"i.";;ffiil" covcrcd mall building shalt bc basJd on rhc oc"up-, Ua-,f,rr'JJnrrnir"jl' " . Thc occupani load of anchor storcs opcning into thc mall shall not bc includedln dctermining cxit rcquircmcnts for thc mall. .(c) Numberof Exlts. ryhcn thc distancc of travcl to thc mall cxcecds 75 fee(within thc public arca of a tcnant spacc or wh"n ,f," *"rp-i forJ,"*.i U"r',r,"cxit.to rhc mall cxcccds 50, not lcss'than two cxits strlf Uc iro"iAea. fi;;;;;,losd of a pubtic salcs arca shall u" "orpui"J rt'so I;J;;;;;"Jfifl,occupart loads for orher areas shall bc compurcd in acioraaaci Ji; iliJi;.33-A. .(d) Agsngemc[t of Exl(s. Group A, Divisions I, 2 and 2.1 Occupancics,orh.crrhur.drinkin8 ard dining cstabtishmcnts, irJi ul * L1rcj ir';"":;;:;:omall building rat rhcir cnrruncc wilt bc imrncdiatcty ;j"*; i;;-r;;;;tcntrrncc to thc mrll lnd shall halc nor lcss th_ on" f,'"f f JiOJ i"or;;; ;;"opcning dircctly to thc cxrcriorofthc covcred ."fi Uuiial"e. Rcqulrd cxits for8nchorstorcs shall bc providcd indcpcndcntly from thc mallcxit systcm. ..Malh shall not cxit rhicugh aschor rtoEs, Malls tcrmhating at an alchor srorcwhcr{ no oricr mcanr of cxir hL, b.tn pmvidcd ,h"ll b";;;;i;i"J"";;;;;;;mdl. . ljDkt"rcc to Erlts. Within cach individual rcnsnr spacc in a covcrcd mallbui.lding thc maximum disrancc of Eavcl from -y ;; 6; ;;;d_ ;fi;#;horizonlal.cxi., -cxjt passagcway, cncloscd srairw;y';;;;;il;; ili ffi inot cxcccd 200 fcct. . I}c marimum distancc of bsvcl from any point within a mrll to an cxtcrior cxit ,ffiril::izontal cnt, cxir passagcway or an'cnctosca sairw"y'snlii;;;;;"; .. (f) Acc.ss ao Exitr, Exits shall bc so arrangcd rhat il is Dossiblc t., eo in cirh.rdircction from any poinr io a matt ro a scpaiari iiti: ;;;;;;;;;r?;;".:;cxcccdinga lcngth cqual ro rwic? rlc widrh of rh.'nali;;;;;rcJa;;;;;;; location within rhc diad-cnd portion of rhc mall. Thc minimum width ofcxit from r mallshall bc 66 inches. --_{tclcrit nassagc*ays arc prcscnt lo providc a sccondary cxit fiom a tcnant ##,,:,j:ilf,Hiu1TT'iff l"'#,]:ffi *,*n:ri*},","...;:1: ' Slorag! is prohibitcd in exit oa:sagcways which arc also uscd for servicc to thc.cnants. Such cxit passagewayi shalibc posrco *1,f, ".r.pl.r.*'J;;;;.rffi;: 798 (B) Malls, For the purposc of providing r.equired cgrcss, ma s may bc consid- cred.as corridors bur need not coriply wirh rhc requircmcnts ofscction 3305 (g) and (h) of lhis code when rhc widrh of mall is as specified in this scction. The minimum widrh of the mall shall bc 20 fler. There shall bc a minimum of l0 fcer.clca, widlhlo a height of8 fcet betwccn ary projcction from a tcnanr space bordcring the mall and thc oearcsr kiosk, vcndinS machine, bench, display or othcr obsrruction ro cgress. Thc mall shall bc sufficicnt to accommoditc- rhe occupant load immediately tributary thercto. Malls which do not conform to the requircments of this section shall comply with the rcquircments ofScction 3305 (g) and (h) ofthis code. (h) Security Grillcs and Doors. Horizontal sliding or vcrlical security grilles or doors which are a part of a required means of cgrcss shall conform io thc following: l. Thcy must rcmain sccurcd in rhc full open position during rhc pcriod of occupancy by the gcncral public. 2. Doors or grilles shall not bc brough( lo thc closcd position whcn there are morc than l0 pcrsons occupying spaccs scrved by a iingle cxit or50pcrsons occupyirrg spaces scncd by morc than onc cxit. 3. The doors or grilles shall bc opcnablc from within without thc usc of any special knowlcdgc or cffo.t phcn the space is occupicd. 4. When two or more exits arc rcquired, not morc than onc halfof thc cxits may bc equipped wirh horizonrat sliding or vcrtrcal rolling grillcs or doors, Occupancy Sec.5605, (a) Gencral. Covcrcd mall buildings shall6c c!assificd as Group B, Division 2 Occupancics and may contain acccssory uscs consistins ofGrouoi A. E or R, Division I Occupancics. The arc8 of indi;idu j ;;;;;s;d;r; ;ilt;; covcrcd mall building shail not cxcecd thtrcc timcs rhc basic arc; prmitted by Tablc No. 5.-C of this codc for thc rypc of consrruction and the occupancy involvcd. Thc aggrcgate arca of all accessory uscs within a covcred mall buildin; shall not cxcecd 25 pcrccnt of thc gross lcasabic arca, An attachcd garagc for thc storagc of passcngcr vehiclcs having a capacity of not morc rhan ninc pcrsons and opcn parking garagcs may bclonsidcrci as scparate buildings whcn rhcy arc scparatcd frorr, thc covcrcd mall building by an occupancy scparation having a firc-cndurancc timc pcriod of at least two hours. (b) Mlxed Occupancy. Individual tcnant spaccs within a covered mall buildine which comprise a distinit "occuprncy," as lescribcd in Chapi.;;;;;, r.'8. ii :nd l2 oI^rlril.:odj: fhall be scparared from any orhcr occupancy as spccified in Sccrion 503 (d) of this code. EXC[:PflON: A main cnlrancc which opcns onto e mall nc.d have no scpara, lion. 1988 EOtTtON Chapters 57-59 NO REQUIREMENTS i 799 5604-5605 \.- a I I n P (n r4 Fl .t1 ilii; ii ii iiiiii iiili iliir! lulii ;ri ii ! t,1r t oI o q.| : 0I t; U 0 \ \ 't \ ilE .tJ -.n ;h 'li r i ?,1, :i' t I t .t E*F rl iaq 1 ,I I I I .4. -+-q i I I I \ t_.E..--{- --+- t_ ttl (t\ \\\ \r nrt o En n trl -t F] F j i!tt:! lil lrt i tarl.8 I ! , t t I I ! ,iI I I , a i I I , ,iE.i! 6t 'I !,t 2o I tt 1lt; I ! 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I r I r I I I d =;rzo 3: <:6:.. ) a,U:: E() ct I I i I t ii i Ii Y o ) ( . ,i,L o ) r' i l! ,i!. : i;!Y :l' 'E !!!:diit! -Fi ! ;iliiilll: r .!!t::l:l:: i.li!!ll!l: I t It a I , 1l l:l I I I'r! ir d ilt CHANHASSEN PLANNING COI{I,IISSION REGULAR }IEETING AUGUST 1, 1990 }IEHBERS ABSENT: Brian Batzli and Joan Ahrens PUBLIC HEARING: PLANNED UNIT DEVELOP}IENT FOR THE DEVELOPHENT OF A LIBRARY,/ANNEX,/RESEARCH CENTER, EXPANSION OF THE EDUCATION CENTER AND A RETIREI,IENT COHPLEX ON PROPERTY ZONED IO, OFFICE AND INSTITUTIONAL DISTRICT AND LOCATED NORTH OF I.IEST TATH STREET AND EAST OF GREAT PLAINS BOULEVARD, ST. HUBERT CHURCH. Name Address Father Barry Cheryl Guscyensie Richard & |.li l L ie Lundahl Judy Schmieg Ursula Oimler Chuck & Betty Naber 7707 Gr eaL Plains 7152 Ti.conduoga 5509 Eden Prairie Road 22O West 77th Street 7203 Kioua Circle 4O9 Del Rio Dr ive Sharmin Al-Jaff and PauI Krauss presented the staff report. Chairman Conrad called the public hearing to order. Richard Lundahl: Ladies and gentleman, my name is Richard Lundahl . I,mthe architect for st. Hubert's and in attendance ue also have Father Barry,lhe pastor and several oLher members of the church and we'II try to answerany quesLions you have. One thing I would Iike to say that there are not20 classrooms. There are 6 per floor for a total of L2- The setbacks thatyou just discussed apply only to the housing and right now the way we'veIaid it out, the housing coincides urith Lhe setbacks of the existing housesthere. The school is set back another 12 feet from that. Let's see, whatelse? The materials of constructionr u,e were going t.o try to continue thebreakoff block materials that we had used on the existing church which oasdone in 1976 rather than the red brick on the school . t^te feel lhat theschool at some time or other, whether it gets done during this project oranother, deserves to be updated in Lhe whole architecture of i!. The sidefaci.ng the south and Lhe side facing the city and of course you r.ron't seethe side facing the other side if we do this development because it witr beenveloped by the development and a court. The height of the buildings,none of lhem are as hish as lhe existing church but in order to get 2stories of course we do have to have a little heisht. The height wasdictated probably by not just the fact that it's 2 sLories but by thethat r,Je're parking underneath and we raised the first floor up 4 feet fac tin Chairman Conrad called the meeting to order at 7:40 p.m.. HEI{BERS PRESENT: Steve Emmings, Annette EIIson, Ladd Conrad, and Jimtlildermuth. Tim Erhart arrived after the first item. STAFF PRESENT: PauL Krauss, Planning Director; Jo Ann Olsen, SeniorPlanner; Sharmin AI-Jaff, Planner One; and Charles Folch, Asst. City Engi neer . PUb*lj_c P_r_esslD!_. PIanni ng August 1 Commission Meet i n9 l99O - Page 2 order to provide a ventj.lation space so that we wouldn't have to ventilate it mechanicall.y and so therefore it's 4 feet higher than it would normally be in the housing area. And we've tried to coincide the roof Iines of the school and the housing development. The atrium, actually e.e consider it as only having one atyium area and that's the area at the entrance to the church. You could possibly call it an atrium where ),,ou enter the school too but it reall.y is just a Iarge sky ]it area which may have some greenhouse function in it and so we really don't call it an atrium but the new entrance to the church and that area is called an atrium. We think that it would blend weII uith what's there as far as the church goes and I think it will blend weII with what's in Chanhassen now. So I'd be happv to anstler any questions architecturally and Father Barry would be hapPy to answer any questions conceptually about how this kind of a project fits logether for him - conrad: The current parking Iot is adequate? Richard Lundahl: It's adequate excep! enlarge it too and it wiII be enlarged become available to the north. AII of to the church and I think Father Barry we would i'ncrease the parking then but this project . Father Barry: Richard Lundahl:that cor r ect? on certain days. tle tlould Iike to at a ]ater date when properties those properties have been offered can talk more to this than I can but right at this point Lhose are not in- There's some reasons that parking... ActualIy only one mass does the parking lot overflow, Father Barry: l.JeII it overflows on more than one mass on occasions but the Sunday morning popular mass at 9:3o...and the other time might be on a Saturday night if there's a wedding or something over at the old church bv the Colonial Church of Edina when they utilize our Parking lot not knouing...they should park elseulhere and then our's overflow. or on Sunday mornings sometimes we have Lo address, when we have hospitality after one mass and hangovers from one mass into the next mass so then we have overflow problems there. So PeoPIe staying to visit may create some overfLow and if Lhat is a problem, then we may have to stoP hosPitalitv uhich we surely don't want to. I have a few other things...thaL have come up in the presentation that need to be addressed. There are actually two garages that would be removed. tle're hoping to seII these for removal rather than tear them down because they're in Pretty good condition. The houses too. I did a study on the parking stalls that would be needed by the first applicant for the rotirement durelling and out of those, there r,rould be only 18 parking stalls needed. The others don't have automobiles or are contending to have one which they're going to get rid of. We have one of the couples for example llho don't like to drive now and specifically brant to be that close so they don't have to drive. There are actually the possibility of 24 classrooms. You were righL in your Presentation. by saying double amount because on l.lednesday nights ue have smaller classes for our religious instruction. These are children thaL do not attend day school so we are partitioning each class with a divider that wiII allow each classroom to become two on t,lednesday nights. That does noL create a Planning Commission Heet i ng August 1, 1990 - Page 3 parking problem because the parents drop off the children and then leave.rm wondering about the parking taking up lhat isrand space because thatdestroys some more grass which r'm hoping and pleading that we can retainalong with the trees. The trees, there is some error in identification ofthe trees and we will correct that when we stipurate for you how many treesand lhe size and so forth but there is some error in the identification ofthe trees - As you sah, the presentation here, the maples aII along thefront of the retirement dwellins u,ill be retained. Those mature maples. rdon't think the construction wirl take those out as r see. They will bethere plus some of the other trees. Ue are also a tree planting community.The stipulation to the architects when we first met rith them was to designto save as many trees as possible because we hurt destroying trees. ue'renature people but h,e are planting trees all along. l.le've planted 3 newmaples in the cemetary. A spruce. f 've put up 3 pines in the back yard.A cedar. A double birch. some sumac if you want to caII them trees but weare tree planting people and do plan to plant more trees. The housing is aguestion for people and that is a new development in christian communitythought. That the elderly need in those years of their life to be in ciosecontact with the church and lve worked urith the elderly specifically andnow visiting them of my community can find that they need to be close tochurch. t,e have any number who when it gets icy or stormy cannot make itto services and lhey live on that. That is a solice for their older yearsso u,e are not into provi.ding blank elderly housing. [.le're not getting intothe elderlv housing business. t^le're getting into special type of prorisionfor our erderly. connected to the church on one end and to the chil.drenbecause national studies have shown that where elderly are around childrenit revitalizes their lives. Does something and it does something forchildren also, national studies. There are 5 parishes in our diocese thatdo have elderly housing units but they are not connected to the church.And just vesterdav and todav r was attending a Upper Midwest gathering ofpriests in various parishes and m being congratulated now for having thevision and the foresight to connect it to the church and those specificallywho did not say we wish we had done that so ve become more werr known nowamong clergy even because of that specific project. rt's a vision. rt,s aneu vision and neul things are kind of hard for some peopre to accept butit's a dream and it's going to be extremely popular. I know it. I knowit. Both from experience in the previous city I was which was Nashville,Tennessee and from the gut feeling Lhat r have about this. Some of ourcommunitv think we are not going big enough with it. Ue had intended inLhe beginning going 3 floors but because of city ordinances and so forthwe're soing to start trith 2 and hopefully, maybe expand in that otherProPerty if iL becomes available but these are the visions that include ourhopes for the future. The school is necessary. Not because we have thatmany more students but because the students that ue have now are cramped.rncredibly cramped. t,e are having tutoring going on in corridors and nooksand crannies. rn the chair room. Next to the boiler room and that has tobe corrected so that is essential . And the ol.d space of cLassrooms wilLprovide meeting space and office space that ue vitally need right now also-[^le're terrib]y cramped. t^te just don't have the room. r think that's arr rneed to add to the presentation. Conrad: Thank you. other comments? Planning Commission Meet i ng August 1, 1990 - Page 4 Ursula Dim]er: Hi. I'm Ursu]a Dimler. I reside aL 7203 Kiowa Circle. I am a member of St. Hubert's parish and have been so for 20 years. l"ly husband's family has been there almost since it began. I think his ancestors helped build the church. I just want to exPress one concern Lhat I had and that was that, al} my four children have gone to St. Hubert's school. The enrollment is nour up over 2oo students and in this plan, we've alb,ays had trouble with enough playground space and in this Plan I see none or even less and I would like to have that addressed. Conrad: Thanks Ursula, Father Barry: There is playground sPace. Sorrv it's not on the PIan. I asked Mr. Lundahl .,.to make sure there's an area in the back. I'm not sure whether it uould be...to what we have now. I think with that...there is a proposal to put portable posls and so forth in the Parking Iot for volleybalL and so forth. The oLder children...if we get volleybal] courts and also .Lines on the parking IoL for volleyball, then lhe students can utilize their time playing volleybalL ...and this is aII Plavground. ThaL's aII playground area. It is now and it wiII be. Ursula Dim]er: Could you show us where the relationshiP... Father Barry: t^,ay aulay from it. Right there . Krauss: The apartments are out, ulell I guess they'd be are right about there. Father Barry: after noon . . . conrad: okay, are there any neighbors here? over here so some of them will actually look looking out from here. The closest aPartments Ursula Dimler: Is there a buffer zone? I'm concerned that the noise might- disturb the people in the apartments. Krauss: t^lelt, they're around the corner and they are located right about ao to 1OO feet away. Father Barry: There is acLually very little noise once school is out and during school, it's like an hour and a half. And in the evenings now' you know... There isn't verv much plavground activity... Very few PeoPle use this and those that do, it's not Iike a mob of kids out there. In chicago the city buitt 2 elderly housing units...around a football field specifically so that the elderly could watch kids plav football. Thev Put one up one year and 3 years later Put another one uP and those balconies were full of the elderly uratching the kids PIav football. I Personallvdon't think the noise from the... Ursula Dimler: r owdy . I've supervised playing out there and they can get rather toir take a nap in the is now... Yeah, I suppose if somebody wants It's going to be further ar.ay than other public comments? Anything? Any PIanning August 1 Commission I'leeting 1990 - Page 5 Emmings moved, l.lildermuth seconded to close the public hearing. All votedin favor and the motion carried. The public hearing was closed. Conrad: Now ure'Il get inLo a round where ure get comments or questions. Jim, start at your end. some Planning Commission tlildermuth: r like the idea of carrying through the theme on the churchmaterial through on the new construction. one thing r guess r would riketo see is more underground parking. I think r.rhen the ne!., construction thatis now being contemplated, you have the opportunity to put in additionalunderground parking. Once that's completed, that opportunity wil.l be lost.From a ci.ty standpoint, is there going to be parking allowed on FrontierTraiI? Krauss: At this time ue're working with thethe possibility of reconstructing the curb. par kway system in Minneapolis. City Engineer i nvestigati ng Bumping it out like the tlildermuthi Or a denting into the boulevard so Lhat. Krauss: Risht. So we could provide additional parking area. Of course hredon't Lrant to Iose any trees in doins that so we'll have to Hork on Lhatbut we are looking into that. 1., i l^dermuth: The height of the new construction,the houses across the street on Frontier Trail?question to the architect. how does that compare withI guess I'd direct Lhat Richard Lundahl: I'm sure it'dto be 2 story houses across theyou but I'm sure it's higher. I'm not sure if Lhere's going don't recall so I can't answer be hi gher .street. I tlildermuth: By 5 feet? 10 feet? Father Barry: tle had a number of neighbors tJanting to come tonight and Itold them I didn't think they had to. They thought they should come andspeak in favor of it. [.Je were wondering were they needed and so forth. Isaid you know if you've got other Lhings you want to do, don't bother. Ifit's essential for neighbors to come and speak in favor, they'11 come atthe next meeting. I don't knobt what Lhe Planning Commission feels abou!that. t,ould you Iike that input from neighbors? Conrad: They usually show if they're irritated so it doesn't take a teholeIot of prodding if they have a concern. If there's controversy, it,s goodto have both sides represented and therefore it would be good to have yoursupporting neighbors in attendance but I don't hear any antagonistic comments tonight. I think Ursula brought up a good point. The playground and proximity to the residential community in my mind is an issue, as isparking an issue and maybe I'II get into that a little bit but apparentlythe neighbors and the notice was sent out and ure sent the notice to thoser^rithin 5OO feet. Okay. Any oth€r comments? Is there a motion to closethe public hear i n9? Planning August 1 Commission MeeLi ng1990-Page5.P Richard Lundahl:Are there 2 sLory? There are it'd be roughly comparable? Plus there wiII be some mature 2 story. tli ldermuth: So Richard Lundahl: higher than that.trees...that are a lot tJildermuth: Yes. I really like the idea of incorporating the elderly housing into the school and church setting. I think that probably along would qualify the project as a PUD. Other than that, I don't really seethat Lhe project would qualify as a PUD but I think that in itself iscertainly sufficient to do that. At this point, what is the percent impervious surface coverage? Al-Jaff | 722. tJildermuth: 722. tlhat wou l. d Krauss: As of r.rhich district? t^lildermuth: In the OI , right. Conrad: Probably 70. l.,li Idermuth: I thought it was our ordinance normally Iimit? The OI? 50. Krauss: 652. tiildermuth: t^Je}l that's not too far ou! of the way I guess. From a concept standpoint, it looks Iike a good project. Conrad: Annette . EIlson: In genera] I think it's uronderf ul. I had a question on something. t^le're talking abouL a 15 foot uide Iandscape buffers proposed to the north to separate an existing house. tJhere is that? Could you help me? AI-Jaff: This is Lhe...The church does not oun this parcel yet. Father Barry: Could I address that please? El Ison: Sure. Father Barry: te are in very close contact with that family and I don't think that Lhey would like a buffer of any height or anything. t,le're open space people. EIIson: I was wondering if that neighbor was here, which it doesn't sound Iike any of the neighbors are here but if it's somethins that the churchplans on purchasing anyway and we normally Iike to protect the neighbors from development. I was wondering if this was even necessary. I didn't knor.r if you urere ! yeay away from taking it over and if this was necessary. Planning Augus! 1 Commission Meeti ng 1990 - Page 7 Father Barry: t^lelI in alL frankness, had u,e pressured them they would have Iooked for other housing. They own the property and I have...that Hhenthey seII, if they seII, we wiII have a first rights, almost totaL rightsthat we would purchase it. So they have no aversion, in fact they thoushtin this building we would move right up to their patio and we assured themthat we would not. In fact I have fussed at the architect about getting too close because I'm a grass person too. I don't want al.I ki.nds ofblacktop back there. That's my backyard also. tl6 sort of flow into oneanother. So if there is some buffer required, I think I r.rould prefer totalk to them and have them say uJhat they would like because our yards are shared. Conrad: The buffer is grass? Father Barry: Oh yeah. There's a good buffer there. Richard Lundahl: There's 15 feet and we were planning on planting additional landscaping there but in the staff report they recommended that ure cut it down so we would add another parking space to that. Krauss: If I could explain that. The parking there does not meet ourrequirements for manuevering room. You've got a couple of different flows coming in over there. You've got the 3 stalls at the end over here. Righthere you've goL 2 stalIs, one of urhich backs right out into the right-of-uay which we don't allow plus you've got the cars entering the undergroundparking through here. tle frankly just felt it was too tight to workcomfortably and Lhat the only place there is to fix it reall.y is to shortenup on that buffer yard. tle uould still anticipate it being a buffer yard because the church doesn't own it yet but I think we can work somethingout. Now in doing that we thought ue could get another space in there. He !.rant to eliminate that space that goes right onto Frontier but this is adetail I think we can urork out. ElIson: Okay. That adding anything onto was the a detail I was totally confused about. You're not church itself? Richard Lundahl: Not to the sanctuary, no. The atrium...that is a churchentrance which will be also a narthex. l.le've never had a narthex so itwi]I allow for overflow from the sanctuary which is...and the narthex which i.nvolves the removal of a library that's there, wiII flor,, into the atriumbut that's generally just a looping around...area already existing. But itis new coverage. Ellson: Yeah. I know that it can be real crowded.,.so I was thinking,Hhat? You're not 9oin9 to add any more places for people to stand and it'sgrowing. Hy first thought was is this enough? I think we need to do allthe kinds of more Lhings but I know that you do things in steps of course. Krauss: l.Jell you know ule were workins with a plan that Father Barrybrought to us but you people have touched on the parking issue. One of t.hethings we were concerned about in the parking issue, we acknowledge there,sa problem there now on occasion. Cars park in the lot across the streetwhich I believe the City has an or.rnership position in anyway and some of Planning August 1 Commission Meet i ng 1990 - Page I EIIson: I love the idea of the whole interconnecting and I think hre couldn't ask for anything better there. I think it's a wonderful tray to keep the church, which has al.ways been a cornarstone in the downtown and we're doing a good service to limit the number of seniors. Granted I'd like to think that the whole thine could be doubled or whatever but I think- that it Iooks good and I'm usually the one uP here saying now save the oak trees. I could tell from the plan that it was really Iooked at and taken seriously which is something that I really commend you on because it's one -of my pet peeves and I always say, now have you rea]Iy tried everything to save them and it Iooks Iike you are saving quite a feu mature trees. So I Iike it. I lhink it's a good idea and again, I'd like to have seen it bigger and more but with ih. li.it"a space I can see you've done a reallv good job. Emmings: The Iiving accommodations are for the elderly and I'm wondering how that's being defined here. l^lhat are we talking about? Father Barry: Age 55 and r.,e will have a Panel that wiII determine when they have to leave. It's definitely not a nursing home. Anyone needing nursing care, there would be a single Person r,rould be advised to have... That again would be a community problem for a lot of peoPle. Emmings: Sure. So basically the Llay you're looking at it, it's for PeoPle who are capable of living independently but who are over 55? Father Barry: Risht. Krauss: certainly Commissioners Emmings, we've worked closely with our Fire Harshall and our building official. Now the Plans, the detailed Plans- haven't been developed yet but there's been a dialogue started between the architect and our people to accomplish aIl those things. Wildermulh: The detailed pl.an wiII incorporate an elevator I would guess? Richard Lundahl: Yes. Emmings: Has somebody looked at the PIan in to wheelchairs and other people with special Emmings: trelI, this is a general concePt PIanto make sure that somebody's thinking about it sure we'11 look at it in more detail later. terms of it's being accessible- needs? at this point. I just urant and if that's going on, I'm Al-Jaff: There is through it. an elevator proposed from the lower ground Parking up the other lots in the area which have. t,le certainly wanted to make sure that whatever was done here didn't make the problem any t{orse and that it accommodated it's own need and I think this concept plan has accomplished that. Longer range, ure'd certainly like to work with the church to expand their parking if we could but ue did set the guideline that we certainly didn't uant to exasperbate the problem. Planning Commission Meet i ng August 1, 1990 - Page 9 Emmings: I think this qualifies as a PUD to me. It feels ris'ht in that it combines uses that we don't normally see combined in a kind of a creative and interesting and very positive way. I think that it provides a nicetransition between uhat exists and the neighboring area. I Lhink the ideaof, do you do any daycare? Father Barry: No. At this Stage ure didn't r.rantthe closest bre come is nursery on Sunday. to get into it. ].le have, Emmings: Okay, but I suppose because you're so maybe there isn't room for daycare. crowded with the school , Father Barry: If we had, moved out Lo some acreage, we would considerdaycare because of the need...and it's something thaL society needs and wesurely would provide it but at the present time, I think ue need to Naitfor further Iand and for the development and it's difficult to establish agood daycare. Emmings: Hy son attended a daycare that Nas in a facility that housed theelderly and Lhere was a lot of interaction between the tb,o groups on site.ft u,as obvious to me that both groups benefitted enormously from the, orbenefitted mutualIy. It was just a wonderful situation. He Has happy.The kids were happy because they get a lot of attention. A lot of realPositive attention and the folks that were Iiving there enjoyed theinteraction with kids. It clearly brighten their day and their time so Ithink this is a wonderful plan. I like it very much. I'm not particularly concerned about the parking because it seems to me that it's primarily aproblem for a very small duration of time. It s€ems to me that everybody,sbeing sensitive about it and doing the best they can under th6circumstances that are here. And r,rhile it may not be ideal, I think it'salright. t,lhen you r.lere talking about that other house that's still on theproperty. I think it's essential that you eventually acquire that proper!),if not other adjoining property the way you seem to be growing there. IfLhose people are dedicated to the idea of sellins that property to thechurch, it would certainly be a small step to enter into an agreement hJiththem so you have a right of first refusal on that property in urritingbecause people can change their minds and a lot of funny thinss can happen.It would be good to get that in u,riling. Other than that, I don't have any comme nts . conrad: Is the play area smaller than it is today? Krauss: Yeah, it's relocated sIightly and it is smaller. Father Barry: Consider that the Uhole front parking lot which has abasketball backboard and so forLh, is also play area. This is a specialplay area for play construction. I don't knou if you've been down thereyou know what we're talking about. That structure there. The new siteI've asked 1,1r. Lundahl , will noL accommodate the whole bit but it will accommodate quite a bit of it. And a Iot of it, as it is lhere nou, isused. Some of that play structure is hardly ever used and some of it Iwould like to see not be used. For example girls crawling up on a chainand I'm thinking of them slipping and... SO not PIanning August 1 Commission Heeti ng 1990 - Page 10 Krauss: t^,e11, I raised the issue in our discussions. I asked if State Iicensing set a minimum requirement for green area and apparently they do not. They are maintaining a green area for those kinds of activities. Ingoing past the site I frequently see the kids out Plaving in the Parking Iot during the day and the fact of the matter is, unless there's services going on, there's nobody in that parking lot. Conrad: But how does that mesh? tlildermuth: I think it's a good mixed use for a parking lot. The grade school that I went to, I grew up h,as completely Paved. Conrad: Very definitely. I'm not urorried about the paved. I'm .iust worrying about the fact that a car can go into that Paved area. That doesn't mean it's a recreation area Lhere. Nildermuth: i,laybe some provision has to be made there to close off Part of that lot during the ureek or something. Krauss: Right now actually the situation is someh,hat more hazardous than it's going to be in the future. Notl you could take a more aggressive stance and put some sort of a barricade there so when Lhe kids are there, the cars can'L come but right now the school buses have to line uP in there and the parents have to drop off in there because they don't have the advantage of having another drop off on TH 1O1 . So the new configuration removes some of that conflict but if it is a concern' we could be somewhat more aggressive in controlling access to the Parking lot. Father Barry: tJith that play area green, once they start Playing on it won't be very long before aII the grass and the green we have wiII gone and then when it rains it aII ends up in the Parking lot anvhou. that be Conrad: Yeah, I'm not suggesting that we need more grass for kids to kiII. I just Hant to make sure there's enough area for kids period. If we sanction this as a PUo, it's a chance to Iook at the entire site to make sure that it all works and make sure that uorks for senior citizens even conrad: It just seems to me it's a small, out of the whole site and I do like a lot of what I see here. I think there's a lot of neat things incorporated but in general the impervious surface or the percent of lot coverage, even though your light green is higher than He'd normally like. tle'd like more green. tle'd Iike to preserve it. It really stands out to me that the play area is, and I hadn't thought about that. Hott parking lot- constitules play area. That doesn't seem like a mix to me, Cars' kids can be and I know it's used that Hay but for some reason that just seems inconsistent. But it seems like a glaring deficiency but again, I guess nobody's bringing that up. Nobody is concerned. tlell Ursula, you're concerned. It just, as I compare the recreation sites of other schools, this just seems Iike a real, it iust seems like we're reallv, we're doing a- lot of neat things in there but still, for the kids' there is not sPace. There's not safe space for them or a lot of sPace. I'm noL an expert in that area but staff, Paul you don't seem to, that doesn't bother you from a staff standpoi nt? Planning August 1 Commission Heeti ng 7990 - Page 11 though I'm not sure that the play area is perfect right next to the seniorcitizens area but it may be okay. But I just have a real negative feelingin terms of the play area and how we've designed it. I guess I'd like a more aggressive approach in terms of how we utilize. I think it's a good use of a parking lot to use it for kids. The church's not in sessionweekdays. Good time to use the parking lot for kids. Yet on Lhe otherhand, I want to have a sense that there's, it's not a parking lot on thosedays and I don't know what that means. I don't knotr how we do that. Theother question PauI . Have we had any complaints from the neighbors?Parking wise on Sunday? Anything? Have you Iooked at any of the Iogs Lhat may register complai nts? Krauss: No I haven't.delve into it that fartypically if there's a aware of any complaints but I didn't try to l^le circulate these things in house andPublic Safety will tell us. I'm noteither - pr obI em , Krauss: I don't want to dismiss it as a problem because clearly they'reparking all over the place but it seems to be one that the community's become alert to since it's been going on for so long. Conrad: How do you knou, that the parking is acceptable for thecitizen, for the new underground ramp? llthat ratio? Hhat rulesto say, hey it's okay? seniordid you use Krauss; NelI I've worked on a number of senior citizen projects andthey're widely varied and on this one we've been Lalking to Father Barryand he knows who he's got moving in there but you look at some things. Theguidelines are you have to be over 55. Now obviously 55 is not elderly allthe time and many people might have 2 cars. !^lhen you look at the mix ofLhe apartments. The apartments are relatively smaII for the most part. Alot of them are single bedroom units. Those are not the kind of thingsthat somebody who just wants to be free from the worries of mowing lheirIawn moves into, They move into a Larger townhouse or condominium typesituation so Lhe design of the building helps to enforce the parkinglimitation. You typically, when you move up from active elderly to somewhat Iess active you Lpically go for a 1to l ratio. t-tany of thebuildings I know have been designed like that. If you look at some of thebuildings in Richfield or Edina uhere you can walk to a lot of things, Lheyhave 1to 1 ratios and parking lots are not too often fuII because they cantake buses. That doesn't necessarily apply here except that Lhis is in thedounLown Chanhassen. People can walk and the church itseLf by means ofthis unique plan is going to provide for a lot of the day to day activitiesfor these people that they might otherwise drive to. So it's real]y asubjective caII is what it boils doun to. The 1to l ratio is one LhatI've worked with. ft works Conrad: You say it's best judgment at this time that you think isacceptable . t^lhat do we do , what 's the City pol icy i n terms of churchvisitors parking in city property across the street? Do we need Lo look at.that? Is that, you know that seems like an easy solution for parking, Conrad: So Sunday is just not an issue day ulith the neighbors? It just nothi ng. Planning Commission Heet i n9 August 1, 1990 - Page !2 Krauss: tlell it's public parking to the extent that it's under public ownership and can be used. I could be wrong, it predates my time h,ith theCity but that all used to be a private parking lot and was used during services anyway. We became involved with the north side improvements andrebuilt t.he whole thing and look a more aggressive posture. [.Je put in aparking }ot south of the old church off of TH 1O1 in there. Those ]ots were available to whomever needs !o use it whenever they need Lo use it. Conrad: So the City is comfortable that the church can use it? l^lildermuth: Probably a few spots are reserved for Kenny's. Krauss: !.lel I , you want to be caref ul . You don't L,ant to have 4 or 5 operations determining tha! they're going to use that space at the same time. But since church services are generally off peak. Kenny's would be an example of one uhere lhere might be a conflict but of course that's over on the west side and then you have access to the parking that's all behind there. AII you have to do is park behind I'ledical Arts so the situation, while not ideal is certainly getting better, tremendously better I think over the last 12 months, t^,ildermuth: I still ttould Iike to mean now's the time to do it. Now Krauss: I think that would be very Iittle latitude in visitor parking. outdoor stalls that are available. see the underground, parking expanded. when the opportunity is. I EIIson: How much expanded? E]lson: To give you t,,hat? 5, 10 more? UildermuLh: According to the plan it Iooks as though the undergroundparking could almost be doubled. You've got the school right? Richard Lundahl: UnderneaLh the housing, unless school . you uent underneath the conrad: Yeah, I think that's it. appr opr i ate They need there rea]Iy is very access to all the stnceto have especially on Sunday if we have overflox problems but what is our policy? tlildermuth: tJelI as much as possible under the neb, construction. Emmings: And Ladd you know maybe one way to address the fear that the residents parking is going to be a prob.Iem would be to say that all residents must park beneath the, in the underground garage. Put a condition on it like that and then that way, if some people have 2 cars and some people have no cars, it would still t,ork out but leave it to them to handle it internally with the condition that alI resident parking be underground. Planning August 1 Commission Meet i ng f99O - Page 13 t^lildermuth: The footprint of the underground parking ]ot really representsHhat? Is that all the neu, construction is going to be? Krauss: No. t,hat it represents is the outside limits of the apartment r.rhich sits over it. The new construction goes beyond that. Wildermuth: If the new construction goes beyond that, enough area to expand the underground parking right?then there urou I d be Krauss: l.lhat you've got over here is, Frontier runs out here and TH 1o1over there. The ne!.I construction comes up Lo somethins Iike that. Thisportion here being school . This is the outside limit of the apartment soyou've got this space over here where theoretically. t^lildermuth: It seems like it would make some sense. IS Krauss: I'd really leave that up to thestandpoint, it seems to be a continuanceelevations might be a problem. architect. of the same From a Iayoutcorridor. FIoor Richard Lundahl: You'd have to raise the floor of the school . Father Barry: Assessing the people thatyou'll get a lot of stal]s empty. Therecars nor4 that I know of . are Iooking to utilize it, Iaren't any of them that have think Father Barry: tJe have that huge parking Iot and they use just Lhat one end and ue don't have that ]arge of a staff for the school . tle have probably a dozen cars in there at the most. That's uhy the parking lot can be used asa playground because there's no other cars during the day. Conrad: okay so PauI , City staff is real comforLable that the, I'm not even taLking necessarj.Iy about the apartment parking. I think I'msatisfied with PauI's feeling in Lerms of the use that uill have adequateparking for those that move in. I think with Steve's suggestion that wilI conLrol that. As ue look at this as a PUO, I'm trying to ge! my arms around the whole site and that's where I go back to the parking ]ot butbasically I'm hearing a couple things. One, u,e're not getting any complaints from neighbors. Two, that if we do have overf}our parking problems on Sunday at 9:3O, that is handled by city lots. tle don't have aproblem to deaL with. That's what I'm hearing. Conrad: But the City is comfortabl^e w6 can make up for that shortfall withother eites in the neighborhood? tnlildermuth: I'm not so much thinking of the elderly housing. ]^that I'mLhinking about realIy is maybe your school staff. People Iike that couldpark down there during the ueek rather than using. Krauss: Basically that's true but I don't Hant to overstate the case.There is a parking shortfall but the situation seems to be one that's beingdealt with. P Iann i ng August 1 Commission Meet i ng 1990 - Page 14 Krauss: Yeah, we're certainly improving that situation, yes. You know Ican't tell you that there is no parking problem. That every car is parked where it should be because I don't know that to be the case but it'sgetting beLter than it was and this proposal is certainly not making it any wor se . Conrad: Okay, you've relieved my anxiety Paul . Then I'm stuck with theIast issue and that goes back to playground and I Lhink I'd Iike to have, when the applicant, when the church comes in to the City Council, I'dreally Iike them to present something more than what I've seen tonight in terms of helping them understand the playground needs and the r'ecreation needs for the children that are going to school . Haybe that's, in my mind -it may be some creative way of using that parking ]ot and landscaping theparking Iot urith, maybe Laking a few stalls away but cording off a portion with, I hate to say it, a berm or something but at least on the weekdaysthere's a way to keep cars out of the playground area in Lhe parking Iot. On weekends there's a u,ay to shoot those cars through so that they accommodate lhe church goers but anyvlay, f guess my recommendation is wetake another ]ook at how we handle the recreation needs of the kids and any-creative use we can. If you can do that, you'd certainly have my supporton this as a PUD and this as a sketch plan or whatever we're calling theplan to present to City Council. Any other comments? Is there a molion? Emmings: Sure. I'lI move that the expansion of St. Hubert's church, we recommend approval for it to be given PUD concept plan approval subject tothe conditions set forth in the staff report. EI Ison: I'lI second iL. Conrad: Discussion. Emmings moved, EIlson seconded that the Planning Commission recommend to approve the PUD Concept PIan for the expansion of St. Hubert's Churchsubject to the following conditions: Revise parking and access plans as requested. preservation plans responding to Provide final engineering plans includinS utility, grading and stormdrainage data: 1 2 3 Provide final landscaping and treeissues that have been raised. a The applicant's engi neerverifying storm dra i nage design. shall provide the City with calculations and water and sanitary sewer service b The applicant shall provide a grading plan showing proposed contours over the stie including alI pavement areas. The gradingplan shall also include erosion control . The applicant shatl modify the parking arrangement adjacent to the bus Ioading area. c. Planning August 1 Commission Meet ing 7990 - Page 15 The applicant shalI provide the necessary easement area for the existing sanitary sewer crossing the northwest corner of the site. The applicant shal.L acquire and abide by all necessary agencypermits, including a MnDot driveway access permit. 4 Submit a concurrent subdivision application to combine underlyins lots inLo a single tax parcel . All voted in favor and the motion carried unanimously- ZONING ORDINANCE AMEND}.IENT TO AI'IEND SECTION 20-263 OF THE RECREATIONAL BEACHLOT ORDINANCE TO ALLOI.I FOR PORTABLE CHE},IICAL TOILETS ON RECREATIONAL BEACHLOTS , IIINNEI{ASHTA CREEK HOI{EOT.INERS ASSOCIATION . ( *ITEH DELETED* ) conradr I should have done this before as an adminstrative matter. The second item on Lhe agenda Lonight, which is a zoning ordinance amendment to amend the Recreational Beachlot for portabLe chemical toilets, that has been deleted from the agenda as has a siLe plan revieu for the retail malIin downtown Chanhassen. Those two, if anybody's here for those two public hearings or t.hose discussions, those have been deleted from the agenda. Emrnings: Ladd, could I ask why lhat second item cur iousity . uas deleted. Just ouL of d Krauss: It's being deleted because we concludedprocessed as a variance. In the ordinance righttoilets as a standard for recreational beachlots ordinance it can be varied or the request can bethe Board of Adjustments will hear that. that it should be now it says no chemical so as a standard in the made that it be varied so Emmings: See, I don'L like that. I really am opposed to that. Krauss: WelI, ure in fact are opposed to it as wel.I but thatadminstratively is Lhe way we believe it should be handled. Emmings: Yeah, but I'm opposed to it for a whole different reason. Ithink, originally they came in and asked for a variance. Then it was switched to a zoning ordinance amendment and I liked that because it seemsto me that by a zoning ordinance amendment, if there's any sentiment toallow these thinss at all, we've got a chance to put some conditions onthem. I don't uant to see them as variances and I don't know, who decideswhether it should be processed as a variance or as a zoning ordinance ame ndme n t? t^lildermuth: Hou, are you going to deny it or on what basis are you going toaccept it as a variance? Olsen: It's a tough one. I started talking to those people ]ast year andexplained that if they uent through the variance process it r.rould mostIikely be denied. Then they were going to pursue it and Nhat I had Sharmin Planning Commission l.leeL i ng August 1, 1990 - Page 16 relay to them that if you're going to go for the variance and if it wasgoing to be approved, we would be recommending a ordinance amendment so that's where they got back. Okay, if you're going to Pursue this' we propose to amend the ordinance and that's where Sharmin was doing some research on it and we couldn't even justify amending the ordinance. Krauss: I think clearly though, r mean uhen the ordinance provides a standard setback, where you want to deviate from that standard you get a variance. You don't reurite the ordinance and now u,e may recommend that if- the City Council desires to change how you deal uith these things, if thev do change the ordinance as Jo Ann suggested but righL nor.l , t.he tlay Lhis thing procedurally should be handled, is they're asking for a deviation from an existing standard in the ordinance and that's a variance. Emmings: But can't a citizen or the Planning Commission or the City Council say ule want to amend this ordinance and change Lhat? Krauss: Oh sure. conrad: Yes. Emmings: Then I don't see why, trell I think we should }ook at it as a zoning ordinance and I'Il teII you urhy. Number one, there are tu,o of these things, two of these chemical toilets in recreational beachlots on mv lake this summer. Yeah. And I think that, I've talked to aII mv neighbors and they find them very, no Problem. But they'd like to make sure it's not 'they worry about things like setback and screening and thev don't want it up against the. tJildermuth: And that's the very thing that you u,ant to have some control over. Emmings: You've got a situation here where PeoPle are coming from way off the Iake with a Iot of little kids and stuff. They're coming down to use the lakeshore and they need to have bathroom facilities. Thev do. It'sjust kind of barbaric in a way not to allow these things I think. So I think we ought to look at a zoning ordinance amendment and make sure that ue've got a lot of conditions. Haybe we want to Iimit the time during theyear. You know, these beachlots are used heavily for about a month and a half. It isn't a bis deal and we could set the time Lhe thing can be there. Maybe require, I h,as thinking even, f don't know. Have them on an annual basis, have them permitted on an annual basis and Lhey'd have to show that they've got someone, they've contracted with someone to manage the thing. To pump it or whatever gets done wilh it but I think there are a Iot of controls you could put on to make them very unobtrusive and I'd Iike to be working on it from that end. conrad: Today they're not aLlowed right? Emmings: Risht . Conrad: And there were some good reasons. and cons real clearly and the cons are' if I'm not, you statedyou put that 1O feet the pros from a Under a variance how uould you ever get this because it'sself imposed . tle l l yeah . There are a lot of little kids suffering out there because of you Emmings: On my ]ake there are some 25 feet. Conrad: And so therefore there are a r.rhole lot of circumstances wherethey're just not acceptable at all and to try to figure those acceptablesituations out in an ordinance I think is real tough. t^le probably tried 1OO years ago to try and figure that out so it's not to discount what )zou're saying because I think there's a need. Yet on the other hand, theprotection of the neighbors was the primary thing and I don't believe thatpeople could figure out enough of those restrictions to protect in allcases. Therefore in this case, I'm not unopposed to the variance situationbecause it gives you a chance to look at the particulars of that particular sett i ng . Emm i ngs : obviously Conrad: Emmi ngs : Ladd . Conrad: too? pr obab I xdoing. make it a Conrad: Yeah, theydon't like what I'm t,i Idermuth: Let 's are. There are so many other people that conditional use. the other side. Paul , did you have somethingBut any{.,ay, that's Krauss: tJeII no. I don'L want to digress into something that's not on the agenda but one of the concerns we had was environmental. I,ve been insiLuations where these things have been vandalized and kicked over and havepolluted swimming beaches for the remaining of the season. It's happened.It would continue to happen and I guess h,e're concerned about thatpotential impact as uell. conrad: Do you feel Steve that, basically your posture ibe allowed in this particular site and you'd Iike to makeother sites because you see the need? s that it shou I dit allor.rable on Emmings: I think it should be allouable on any site Hhere it's not goingto have, I think there are clearly some beachlots I've seen in the Citywhere I don't Lhink there should be one. I can think of one on my lakewhere I don't think there can be one because I can't think of anyway theycan do it and if that's the case, that's just too bad. But I think thereare several of them where they already have them. The two that alreadyhave them, il is not a problem. They don't have them rightfully butthere's some experience to go by that it probably can be done in a waythat 's aII right. Planning Commission Meet i ng August l, 7990 - Page 17 bordering residential properly, that's offensive. AIso, if that beachlotis 1OO feet uide, which I think is permittable. Planning August 1 Commission Heet i ng 1990 - Page 18 tlildermuth: Did they get variances? Emmings: No. They're operating iIlegalIy. But anyway, if anything's going to happen on it, it ought to be done as a zoning ordinance amendment to me and I'm certainly interested in enough in it so I wouldn't mind trorking on it. Krauss: t^lell we can make that sentiment clear some desire to consider it as an ordinance and that. at the Board. That there isure'Il make them aware of Conrad:l,la ke sure the word is some desire. Because if they make it a variance they can put it anyPlace they Where are the controls then? I don't like this. The controls would be imposed based on the stiPulations of that Emm i ngs : hra nt to . Conrad: variance. Ellson: It r.rould be done case by case. conrad: It r.rould be done caee by case. See I'm of Lhe position that I really have a tough time with it Perj.od. I'm noL sure that I find it acceptable but I haven't looked at aII the unique circumstances. A whole lot of beachlots have survived for a uhole long time with a whole Lot of kids and haven't created any controversy and it hasn't brought any issues up in the neighbor hood. Wildermuth: t,hat has it done lo the lake? Emmi ngs: Yeah . Conrad: I just don't see that as a problem. Ellson: It's something that could be looked into I guess. Conrad: can Iook into it and I think ure for us as obviously Paul a ]ot Priority. should pu! it on the work agenda No, I don't mean that. Emmings: Even though it's deleted,sorry. at this point. )(Tim Erhart arrived for the meeting PUBLIC HEARING: T.IETLAND ALTERATION PERHIT TO CONSTRUCT A I.IALKI.TAY PATH THROUGH A CLASS A I.IETLAND TO ACCESS A OOCK LOCATED AT 7016 SANDY HOOK CIRCLE, CHRIS ENGEL FOR- LOTUS LAKE BETTERI,IENT ASSOCIATION. asb_l_i-,clr_-e_9__e-!t_t_,i. Name Pat Lynch Addrcss 12oO tlamer Road ,ONR Representative Planning August 1 Commission Meet i ng t99O - Page 19 Mr./Mrs. Robert Pfankuch Debbie Engel 1OO Sandy Hook Road 7016 Sandy Hook Circle Conrad: Is this a public hearing or not? Olsen: You closed the public hearing last conrad: okay, so now tonight was really a time. time to discuss it r.rith. O]sen: Risht. It kas tabled because there were a lot of differentopinions brought up. So r^,hat I did was to have some of'the oLher governing bodies submit letters on their opinions and one was just verbally over Lhephone and then also Pat Lynch is here from the DNR to kind of get his sideof the story. We're still recommending that the boardnalk be what ispursued as our policy and even go as far as amending the ordinance to makethat clear and that ure are still recommending that the boardwalk be what ispermitted on this recreational beachlot versus the fiII. Bu! pat Lynch ishere to have him speak. Conrad i We sure would. Pat Lynch: l.,ly name is Pat Lynch. I'm the Area Hydrologist with the DNRfor Dakota and ScoLt Counties. I was helping out in Carver CounLy for awhi]e. A year and a half ago I guess it is already. I guess this wholematter came before me in January of 1989 r,lhen I received 3 applications forwetland alteration from the City and I responded to those with some urritten comments that it appeared to me some of the fiII proposed was below what wecall our ordinary high water elevation out at Lotus Lake. Uhat I had heardback then from the City was that in fact these applications uhere after thefact or the work had already been done. From there I met on the site thatspring urith 3 contiguous property ou,ners lhere. Hr. Frost, Mr. Pfankuch and Chris Engel from the Colonial Grove Association. I also had been outthere with the representative from the Army Corps of Engineers - Anenforcement individual and after a lot of discussion and time we determined t^rhere the ONR'S area of jurisdiction Has out there on all 3 of Lhoseproperties and I staked that line on the properties and there was commitmen! by the property oBners to comply with the removal of themateriaL that was f ill.ed waterward of that ordinary high water mark that Iestablished and stated. AII three property or{ners again had expressedwillingness to restore to those dimensions. I guess I made it clear thatin addition to the DNR'S approval, there u,ere other approvals that may haveto be met namely the Corps of Engineers, t,atershed District and any localapproval. In this case the City of Chanhassen. I know the Corps didn't have a problem with what the DNR had proposed for restoration and theypretty much stayed out of it. From there I guess if I can just jump aheadseveral months, from what we had originally proposed for restoration, there ulere some changes. Some slisht modification on the t..,o properties. Idon't know if that's rdest of the Colonial crove properties but on the Frost and Pfankuch properties we adjusted the stakes so that there wasn't anobtrusive pipe sticking out into the lake waterward of the fill to beremoved. te thought that that was a reasonable approach so that that wouldblend a little more naturally. Have a little curve around that pipe. Ithink that was reasonable and a good idea. AIso in that timeframe I had Planning Commission Meet i ng August 1, 1990 - Page 20 some discussion xith a Dr. Charles Hirt and Chris EngeL regarding leaving asmall access strip to the docking facility so that they could access their -dock. I had uritten a letter saying that the DNR didn't have a problem with that and that I would allou that to remain provided the rest of thematerial was removed from the site and I stressed again that that Nas contingent upon any other locaI, state and federal or local approvals.That's about where we're at now. I just as soon open it up to questions from you folks. f guess the impetus behind allouring them to leave a pat.h hras that our permit rules would actually allow that lot to have a 12 foot uide concrete ramp poured down there without a permit from us if that's what they would choose to pursue. My contention u,as that yeah, they filled in violation. Yeah, they had cooperaLed trithout any problems and werewilling to remove the stuff and that I thought it r,Jas reasonable andpractical to leave a strip in to access the dock given the fact that it's amultiple use area. The activities are consolidated on one small area. In my professional judgment, the impacts to the wetland area wiII be nominal once it's restored by ]eaving that strip in. 8OZ of that lot will still go back to a natural state over time b,ith the re-estab I ishment of thevegetation in there. Like I say, the impacts to that particular area Ididn't feel were Lhat severe given the fact that there's a rather intenseinfestation of purple ]oosestrife there. Like I say, as far as the DNRrules are concerned and I'm not saying that they're the best but they could-have had a 72 fooL wide ramp and 12 feet of sand across there without apermiL from us anyway so I think what they're doing is again, in the DNR'sperspective is reasonabLe and practical . Emmings: Can I ask you a question? Pat Lynch: Certainly. Emmings: tlhen you say they could have had a 12 foot ulide ramp, concrete ramp or whatever, and it wouldn't have gone against any of the DNR'sregulations, are we taLkins about that ramp being in a place that's Ianduard of lhe ordinary high uater mark? Pat Lynch r tjaLerNard of. Emmings: tlaterHard of? Pat Lynch: 10 or 12 feet waterward.of the ordinary high uater elevalion.gravel , an earthen ramp, planks. I don't haveIt could be that. 10 concrete, feet urater r.rar d crushed Emmings: Now just so f 9e! my thinking straight on this,we're talking about whether or not they're going to leaveis that all landuard of the ordinary high urater mark? the path thatit or remove it, Pat Lynch: No. Emmings: It's alI waterward from the ordinary high Olsen: No, There's a portion Lhat goes just above mark. Nater mar k? the ordinary high ulaler Planni ng August 1 Commission Heet i ng 1990 - Page 2! Emmings: Okay. How much of it is above and how much of it is below theordinary high water mark? Pat Lynch: t^le guessed roughly 40 feet below as a guess. Olsen: t^lell that included the uraterward parl so I lhink it was about 10feet that you had them remove so it's about 30. Rough estimate. Emmings: AIright, now wha!'s 30? Olsen: About 30 feet landward. Emmings: Okay. So there's 30, approximately and I think 2.5 is the numberf remember us talking about last time but we're saying there's 25 or 30feet of this walkway that's above the ordinary high tdater mark going downto the ordinary high water mark, correct? OIsen: Yeah, approxi.mately that. Emmings: And then part of it is beyond and you told them that, at leastwith regard to Hhat's belour the ordinary high uater mark, that was okaywith the DNR in this case? Pat Lynch: WelI the only, the DNR jurisdiction begins at the ordinary high water elevation and is wateruard. Emmings: Exactly, but as far as what was there under your jurisdiction it was okay with you? Is lhat ulhat I understood? Pat Lynch: Not Hhat's there today. tJhat they proposed to leave the 5 foot wide path . Emmings: So as long as they removed everything excep! that 5 foot wide path , you were satisfied? Pat Lynch: Correct. That would mean removing about 8OZ of the material below the ordinary high water elevation. Emmings: Apart from the fsct that we.'re also looking at the Part that's above Lhe ordinary high urater mark and aside from the fact that I recognize that that's not an area urhere you have jurisdiction, do you feel that there's any impact !o that area? If we assume it's a wetland, do you think there's any impact, adverse impact to that from this walkway that would be allevi.ated by removing it and requiring a boardwalk? can you shed any light on that for us? Pat Lynch: I'm sorry, I'm not sure I follow the question. I'm sorry. 'Emmings: Right now there's a rock path that leads from 25 or 30 feet abovethe ordinary hish u,ater mark down to the ordinary high water mark and aIittle bit beyond. In that situation in Lhe past we have alurays required elevated boarduralks through a wetland to get to the ordinary high water mark so people could have access Lo Lhe lake. In Lhis case, there's an P Iann i ns August 1 Commission Mee! i n9 1990 - Page 22 existing rock trail and the question was, the question that came up uras, is that just, is that as good? Is that alright in terms of it's impact on that wetland? That's urhat we're struggling with and we don't have any expertise up here to knor.r and that's the question I'm asking. Pat Lynch: I won't argue that. If you compare the tr.lo, a boardualk will have less impact - I don't think anybody could argue with that as far asthe impacts. I mean if you're not placing any foreign material, and I've read through the Hinutes that Jo Ann had faxed to me. Someone, I think Mr.- Engel said that he hadn't placed fiII but he had placed rock. WelI, that is fill. FilI, whether it's sand, rock, what have you is fiII. Sod. Soyeah, a boardwalk has less impact. I wouldn't argue that but thesignificance on a site like that, I don't know if it's what I wouldconsider a measureable impact. Emmings: Okay, so in this particular case you think it's probably pretty neg I isible? Pat Lynch: I would say so, yeah. I mean there are ways to lessen the impact of leaving the strip down there by, if I remember right I think it'sgravel or unvegetated clay path down to the existing dock- If that were revegetated to grass and it just had a grass hill ualking dotln to the lake,-that would offset some of the impacts of having a gravel strip out there and what that would tend Lo do would be to filter any kind of runoff that comes from the upper reaches by the tennis courts, etc. so there are waysto somewhat offset the shortfalls that a gravel paLh has over a boardualk. - And again f stress, that although our rules would allou it and deem it a reasonable access option, they've got to get your approval too and if you don't like it. Emmings: No, we undersLand. I think we finally understand that. Pat Lynch: Okay. There's nothing wrong with being more restrictive. I'm - not knocking that. conrad: Did we get two conflicting opinions Jo Ann from the DNR? l.,as that- one of our concerns or not? Olsen: No, I think what lras happening was that the applicants werestating, possibly misquoting Pat in saying that fill would even bepreferred over a boardwalk and that the City didn't have the right to go thaL far and then it just got out of hand. So no, ue really didn't get confficting quotes from the DNR- Pat Lynch: There are some benefits to be had by gravel and again I'm nottrying to seII the idea of a gravel path. I'm just stating that when that r gravel, I've seen the uater level today and it's up quite a bit from thelast few times I've been out but when the water's up over that gravel , .there are some benefits to it as far as runoff comlng down that' hiII. Gravel would tend to filter some of the more course grain material andgranted, if you had vegetation in there it would be a better job butthere's also a Iot of benthic organisms and brhat not that inhabit the nooks and crannies of a gravel area and you'II find wading birds pecking through - Planning August 1 Commission Meet i ng 1990 - Page 23 gravel . So it's not as bad may aPPear rs in relation alI. to the line you staked asEmmings: t^,here isthe ordinary h ish Pat Lynch: Ohproperty where Pat Lynch: It's got' to be on the adjacent property. as it todayth6 water urater mar k? geez. Boy, I'm sorry. I didn't walk to the corner of thethe stake was. I was over on Hr. Frost's property. Emmings: Okay. Have you got a feel at al.l for whether it's about there? fiII areadown on the Erhart: PaL, isn'L your rules chat you apply essentially intended to be used as a stater,Jide rules and applied generally to lakes throughout the state whelher they be in an urban area or whether they be in a rural area and that the reasoB why there's ]oca] jurisdiction is that you don't inlend to micromanage the environmental controls on the lake. You tend to have a broad, stater.,ide point of view. tJould you say that's accurate? Pat Lynch: Yeah , standards. I'd agree with that. Our standards are statewide close because it was soggy I suspect it's real close. Erhart: Yeah, and that it really works in a case where someone ou,ns acres. It works best urhen someone ouJns 25 acres and several hundredof lakeshore and he uJants to put his oun boat launch in. Isn't that Lhat concrete pad allowance is? plenty of lake urill 25 fee t what Iakes in have an Pat Lynch: No, no. Not at aII. If you go out, there's the cities where an individual lot owner, several on the access pad in his backyard. Erhart: Not in Chanhassen. Erhart: You'II see them in Prior Lake? l.then were those put in? Pat Lynch: I don't knour. That Predates me. Erhart: You find actually every lot's got? Pat Lynch: UeII I don't ulork in Chanhassen. County. If you go out on Prior Lake, you'll I'm in Scott and see them. Da kota I'm saying that, I wouldn't say that Hinnesota than it is in the cities. sLaLemenc. Pat Lynch: No, not every lot, no.lhat's more so for the out greater I guess I wouldn't agree with that Erhart: You wouldn't agree with that? Pat Lynch: Not in terms of the access ramp, no. As a matter of fact, I'd almost go the other way and say that on new construction on lake lots in the cities, you'd probably see an increase in that. Planning Commission l''teet i ng August 1, 1990 - Page 24 Erhart: You're seeing new construction on lakes where people individuallyput boat landings in lheir yard. Pat Lynchr Boating pressure is getting such tha! you can't even, at someplaces the parking lots are so fuII, they don't want to mess uith it andit's easi er . Erhart: Give us an example of a lake in the metropolitan area uhereindividual property owner can put their ouln boat Iaunching pad in the lake. Pat Lynch: Any lake in l'linnesota. If they can conform to the standards. Erhart; No, no, no. Correct me if I'm wrong PauI. you can't do tha! herein Chanhassen. Pat Lynch: I'm saying as far as the statewide standards go you can. Emmings: If he's. saying they can do it. Erhart: But our ordinance doesn't allow it. Emmings: Oh, eJe can't control it. It's in their jurisdiction. tJildermuth: But you can't do it on the beachlot right? Pat Lynch: Your ordinance may address it, I don't knor,l . Krauss: If they're not putting it through a uretland and you're not on abeachlot, it realIy falls back to DNR. Erhartr So we're saying our ordinance, reall.y someone can do that eventhough I haven't seen anybody since I've been on here. As long as itdoesn't go above the ordinary high water mark. Olsen: Our Shoreland Ordinance is the ONR Shoreland Ordinance. Emmings: Right. tJell, are we pre-empted? From the ordinary high watermark Iakeward, are we pre-empted? Olsen: No, because remember. Emmings: t,e can have stricter standards than the ONR? Pat Lynch: You bet. Olsen: That's clear we can. Pat Lynch: I think that's uhere there's a ]ot of hang-up right now. Ellson: Is that those people don't like that. If I recall t'he situation,that's what it was about. Planning August 1 Commission Meet i ng 1990 - Page 25 Pat Lynch: So again, I'vereslore it to what the DNRthat's not for me to say. gotten commitments from would find satisfactory property ohrners toif you ask for more, the and EIIson: I think we were more concerned about the precedence that it was setling and ue had never allowed it previous and uhereas yes, this one isprobably negligible, it just opens up everybody we said no to prior and everybody ue'd like to say no to further. It uasn't us picking on one group necessarily. t^Je just have consistently never done iL, Pat Lynch: ...Chanhassen because I'm not familiar with the lakes in your community but again, going back to the area that I do work, a lot of theprime lakeshore properties are developed already and now h,hat you're seeingjs the marginal stuff thal you've got to go through wetland or you've got to excavate or dredge a channel. That's what's being developed now because that's all that's left. You may be having to address the issue again. EIIson: tlell, I think the biggest thing is what PauI said. Is it true ...and we felt that it wasn't and we got a little uneasy that maybe it is necessarily but I think you've cleared that up for us so I really appreciate that, Iissues. I think there's access to their of putting small boats in and out. I think could probably accommodate both in my Pat Lynch: I think there's two dock and then there's the issue through something ).ike this they opinion. Conrad: Er hart: Emm i ngs : Pat Lynch: else does. I just want to Conrad: It's not a public hearing but I'm curious if there's anv comments from those in the audience tonight based on u,haL tshev heard. Debbie Engel: I just u,ant to make one comment. I'm Debbie Engel and I'm here on behalf of Chris basically just. to listen... f'm not sure that Itr. Lynch did touch on that but there is a gravel road down urithin I would say within 1oO feet of this put in by the City because there's a pumPing station there and I think that's what he was eLuding to the fact that there's not grassland coming down the hill and it is all downhill from the tennis courts to filter so it's not natural vegetation to filter that and I think that's why the continuity of lhe rock path and that's whv it tras chosen. So it's not, there's no grassy area, It's that wide to handle a city truck... I'm not good on judging distance bu! I would sav within 1oo feet of the present water level . Any more questions No. I apprec iate Don't leave yet. of Pat? your coming. Just kiddins. see the thing It helps. l.le may have some more questions. resolved as guickly as everyone conrad: okay, thanks Debbie. Any other questions? Planning August 1 Commission Meet i ng 1990 - Page 26 Emmings: I'd like to ask PauI . If a landourner, h,e've heard l,tr. Lynch saythat if a landouner, on any individual lot in Chanhassen Hanted to construct a concrete and let's take a hrorse case, a concrete ramp to put boats in and out on his property. If he started that at the ordinary highwater mark and just h,ent Lraterward with it would he, he'd obviously bebuilding a structure. tlould he have to come to Lhe City for a permit forthat? Krauss: Not unless he's crossing a wetJ.and to do it. Emmingsr t,ell I think he should have to. I think ure should find out ifour ordinance covers it. I! would seem to me that the building of anystructure in the EaLer ought to require a ciLy permit if we can havestricter standards than the DNR has. If our ordinance doesn't provide that noi.r, iL ought to Krauss: That would put you in the position of having to review every dock. Emmings; No, it does no!. We have an ordinance Lhat tells wha! you can have for a dock and so does the DNR so docks are not an issue. Conrad: You're talkins about a permanent strucLure? Emmi ngs: Permanent structure, yeah. Conrad: I think we could regulate a permanent structure. I thought wealready did. Olsen: Again, we use the DNR. [,le've adopted word for word the DNRregulations. Emrnings: I don't care if h,e adopt their regulations but aII hre've got todo is say if you're going to build a structure in Lhe t4ater, in any waterin Chanhassen, you've got to come to the City for a permit. I don't thinkfrankly that it's that many. I don't know of any on my lake. OnHinnewashta. There might be some but I don't know. I think that's a hole -thaL ought to be plugged. Conrad: tle've got to get back into this thing. Is there confusions and maybe some wording problems with the ordinance and I lhink r.,e spend 2 hoursevery other t^lednesday nisht talking about this. t,e better revisit itquickly. Actually He don't need to revisit it in time for this year but fthink in time for next year we really should have, we should really monitor -and see uhat uJe're doing with our tretland protection ordinances becausethere seem to be exceptions and confusions. Emmings: tlell, maybe you throw lakeshore in there too as ulell as wetland. Conrad: It becomes a big process. It's not easy to get your hands around _because you obviously affect people. There's a lot of differentcircumstances that have to be incorporated into the ordi.nance and tough todo. Tim, any other comments on tonight.'s, Pat Lynch's conversation? Planning Commission Meet i ng August 1, 1990 - Page 27 Erhart: No, not on that specific although I agree with Steve. You know, and I don't know if r,re should be regulating land but when you h,eigh it against everything else that we regulate in this city regarding wetlands and lakes and urhat not, it does seem like a loophole in the context of how everything else we're so rigid on so I agree that we ought to be throwing in that too because it kind of pretty much lies in the face of uhat ue're talking about here tonight. Somebody could do that and yet we're worrying about a 4 foot wide strip of gravel so it doesn't make a lot of sense. Are you looking for some direction on this thing at this point? Conrad: Just comments. You knou I think ue brought this back because one, the applicants, the Engel's were concerned that h,e may not have the right standard and from what I'm hearing, it may not be the risht standard but it's a standard thaL's more acceptable based on what we heard than maybe what has been done with the applicant's uetland permit. Erhart: Let me throuJ something out that's been haunting me I guess in the last year since I heard a speech by someone over at the Fresh Hater Institute at a meeting I attended and then I was intrigued by it and discussed it uith him later and I can't remember Lhe name of the gentleman but he felt strongly that a community should essentially decide u,hat a Iake's purpose is. I'm really opening this uP so stoP me if you think I'mgetti ng dangerous. Erhart: l,Jell you know we get into Lhis environmental thing and wetlandpreservation and lrying to filter water and Iike that but then you say when you go onto Lake !'linnetonka and they're constantly dredging and doing everything that r.re uouldn't aIlow in this city. That's how the discussiongot going and his basic feeling Has you've got to deiide u,hat the lake's for. If it's a recreational lake, then maybe you have different rules on a recreational lake than you do on a lake that you might designate a wiLd lake or wilderness Iake or something Iike that. Because on one hand I'm probably the most pro environmental and wetland preservation and creation guy her lake anfoot wiguy tha or lhe conrad: There areyour point is wel I ebdI de? t's nex ut on the other hand, f can see where if I owned a Iot on the had some, what we term as wetland and what is that? Is it 2 How do you know that a guy, uhat's the difference between thegot a 2 foot strip of wetland and can't build a dock through it t guy who's got 40 foot. tlhere do tle draur the line? tlell, we don't rea]ly draw the line here. You know you look at the tyPes of grobrth you've got there but there's I'lI bet you half the lots in this citv, if you really urere to look, reall.y cut it fine' that there's a wetland between his lot and the water. I don't know if you Hant to start, I mean some people have sandy beaches but oth6r people have weeds growing out on the lake and so if you're going to open, for a future meeting discuss whether we have outhouses and Satellites and docks and landings end things, maybe that's something to think about. t"lheLher ure ought to have Ewo different types of Iakes and two different standards depending on what ure designate a lake. di fferent taken Tim classifications of lakes. In fact, I think but there are designations. Different Emmings: It's to hold water isn't it? Planning August 1 Commission Heet i ng 1990 - Page 28 designations of lakes based on DNR sLandards I believe whi.ch the City has classified certain things in. A lot of the things that you find, and I'mplaying with real]y old memory here is the DNR has a whole bunch of control that I don't know that ue can get into. Yet those, I'm not sure that we have the power in some cases to do some of the regulating that lre may wantto and that's frustrated a Iot of people urho were on the committees tha! we formed, I don't know 7 years ago or whenever. Ho}l many years ago it was. AIot of different circumstances and you listed a couple. A 2 foot strip versus a 40 foot strip and it's really arbitrary. There's so many arbitrary things that, that's uhy we bring the ONR in and some of the experts in to take a ]ook at certain lots on a site specific basis. I think what Pat's telling us in the particular case that brought him in hereis probably that wetland over there and probably the issue is not a big one as compared to some other major ones that we're probably letting it go or haven't addressed in terms of water quality, Yet on the other hand uejust, you know you've just goL to have a standard and kind of Iive up to thaL standard as arbitrary as that is. So I guess I'm not ansr.rering itvery specifically but if we want to get back into this Tim, it's almost a separate committee ohere do tJe hrant to bring back the Iake study committeeor the environmental protection committee and have them take a look aL 5years laLer. tlhat's happened? tlhat hras the intent? l.lhat were theproblems? Take a Iook at Lhe variances. Not lhe variances but wetlandalteration permits that brere processed. Take a good ).ook at it and see ifthere are interested people in the city and lherefore try to update the ordi nance and incorporate some Erhart: Are you suggesLing we should? conrad: It may not be a bad idea. It's ]ike anything. You put any lawsin or you put any regulations or you have any kind of plan, it's alulayskind of fun to 9o back, especially because there's nothing magic about whatthat ordinance. That ordinance blas a mish mash. It was a politically derived, I'm not going to say it was a mish mash. The people on the commiLtee were not happy with it because it was watered doun significantly.It r^tas watered down to, it was simply not as strong as !.rhat they wished and-I think it would be interesting to go back and see if ue've accomplished anything with it other than making more paperwork. Erhart: Your response to my discussion categories of lakes. l.Jhat I was tryingdifferent categories of Iakes, ure treat standards and that's what I'm saying isI'm not suggesting that we open up thisIot of wor k. was that yeah, we have differentto point out, even though there's them all Che same in terms of ourthat maybe life isn't that simple.thing to review again. That's a conrad: You know I really buy r.lhat you're saying. As you knoul I live onLotus and Lotus is long and narrou and the DNR has cerLain restrictions in terms of safety. Safety is 11 boats can be out on that lake at one time and I'lL guarantee you that on a long narrou lake, that's not an effective - restriction or guideline. I think in a round lake that's big,40 acres per boat and whatever, may be an acceptable standard but I think there are just exceptions al] over the board and I agree with you Tim. I just think it's -just somethins thaL r.re probably as a smaller city can't get our hands Planning Commission Heet i ng August 1, 1990 - Page 29 around. I think it's bigger than we are. But you know, I think in termsof reviewing what we've got, I think City staff has some concerns uith theordinance. I think they can improve it. I think we can make it easier forcitizens to understand it. I think there's a Iot of things u,e can do withthe ordinance and wouLdn't mind figuring out how to bring it back and lookat it. Erhart: t^,hat is the staff looking for here tonight? Anything? Olsen: You have to take action on the wetland alteration permit. They'rerequesting permission for the stone path. Action needs to be taken onthat . Erhart: Are you oPening that discussion? Conrad: t,ell, any other questions of Pat urhile he's here or onordinance in general? If not, then we should talk specificallypermi! that we tabled and did not take action on. Jim, sLart atin terms of the request. the about your t hat end trildermuth: l.lell, the issue is how are we going to interpret ourordinance. Are we going to confine it to boardualks or are ue going to aboardxalk and a gravel pad or a bark pad? Or are we going to requireadjacent lots to combine a path, whether it's a board or a gravel path? Iguess that's the decision we have to make. In terms of what is alreadyexisting on this beachlot, I think I probably r.rould have to abstain becauseI belong to that association. That might be a hard decision Lhat we haveto make for this situaLion. Ellson: I'm more worried about the precedence. tle don't have gravel anywhere and I've seen it before and ue've already, you knotr have beengetting more and more of these issues lately. Thank God the Council'sgoing to make the final decision and not me but I r.rou Id go r,lith the boardwal k because of consistency and the way we've treated everybodyequally. I don't uJant to make it case by case because we'II lurn the wholething into a mess. Everybody will come by, wiII say well my case isspecial. Remember the one you did here. You allor.red woodchips and I thinkI'm ]ike that one or I think I'm Iike the gravel one and I want. PeopleuiII be designing theirs because we're handling them case by case so I'dprefer to be consistent and again f'm glad it will be the Council's finaldecision but I'm for the boardwalk. Emmings: My feeling is this. ].le tabled this because we had some information given Lo us that a rock walkuay u,as as good as an elevated boardwal k. l.,e wondered whether or not that was in fact accurate. Fish andtlildlife has r,rritten a letter that says that's not so. That a boardwalk ispreferred. The Corps of Engin€ers has said they would encourage boardwaLks and Pat Lynch told us tonight that in lhis particular situation, thisparticular lot, that the difference was negLigible but that a boardwalk is better. And so for aII Ehose r€asons, I think we should stick with what we've done in the past and sLick with the elevated boardwalk. PIanni ng Commission l''leeti ng August 1, 1990 - Page 30 Erhart: I would favor denial of the request to ]eave rock in there. Just again to repeat everybody's statement. I think I need to be consistent in how we apply the ordinance and just because this has been put in here iIIegaIIy, I don't think this is the least of reasons urhy we should allow it. Secondly, I guess in a practical sense, by the time you get the equipment in to remove the stuff you're 9oin9 Lo remove, if you're lookingat saving dollars, it's a veyy small amount. I'd like to be sensitive but -I just don't think there's that much difference between a 4 x 10 foot stripby the time you start moving that stuff back out of there, Erhart: I'll move that the Planning Commission recommend denialAlteration Permit Request to al]ow a 4'wide by 42' Iong crushedthrough the CIass A wetland adjacent Lo Lotus Lake. of t^leL I a nd rock path Conrad: Is there a second? Emm i ngs : Second . Conrad: Any di scussion? Erhart moved, Emmings seconded that the Planning Commission recommenddenial of t|etland Alteration Permit Request to alloro a 4 foot side by 42foot Iong crushed rock path through the Class A r.retland adjacent toLotus Lake. All voted in favor except l.lildermuth xho abstained and themotion carr ied. l^Jildermuth: I would like to make one comment. I think if this is the waywe're going to interpret the ordinance, we ought to have some kind oflength provision invoLved there because maintaining a log boardwalk is anexpensive proposition. A boardu,alk is going lo be relatively short lived compared to a pathway. A specified pathh,ay or a pathway built tospecifications and it's 9oin9 to require a lot of maintenance over time compared urith a path. I think there ought to be some kind of lengthprovision factored into the interpretation of the existing ordinance. Orif the ordinance changes, then that could also be incorporated into that. Erhart: Right now Jim we have no reference to a boardualk in the ordinance-at al]- This is something that we've just kind of conjured up as we'vegone along here. tle have precedence but it's not really in the ordinanceis it? OIsen:Risht. RightEmmi ngs: anything. now they just can't alter the wetland. They can't put Conrad: Okay, thanks Tim. I have nothing neu to add. I think Lhat those - comments summarize my opinion. I think the only thing I would add, nowthat I think about it is that we discuss the future of the. wetland. Of ourpermit process. I think we have to make that an agenda item and startcleaning, maybe it's not cleaning it up. l',laybe it's improving it. l.,taybeit's making it more understandable. Is there a motion? PIann,i ng August 1 Commission MeeL i ng 7990 - Page 31 Yeah, but we've allowed boardwalks. I think they've gone over 1OO feet haven't they? l.lhat He ought to do, if that's r,rhere ue're going, boardwalks perhaps in our ordinance and suggest Erhart: Conrad: Erhart: reference what-.. Lhen ure ought tothat that's l.lildermuth: Haven't we allowed a...pathway at times? Conrad: Not to my knouledge. tlhen it was grandfathered in, we allowed it.But to my knowledge Jim, we've never created one since the ordinance has been in there. And you know, it's one of those I'm more concerned on theprecedent than anything else because I really don't think, in thisparticular case we're talking about as ue've been saying. I don't thinkthat's a major impact on this. It's just that I don't know what theprecedent means. I think it uould really open us up for a Iot of legal hassles on any future wetland alteration permit process. And therefore wewouldn't have an ordinance anymore and that's my biggest concern. That's one of those things where you say geez, I wish ue could interpret some ofthese things in different ways and unfortunately the ordinance is the ordinance in this one. This will 90 to City Council August 27th. Thankyou for coming in. Thank you for altending. Jo Ann Olsen presented the staff report on this item. here and uould like to makeconrad: Okay, thanks Jo Ann. The applicant is some comments, we would entertain that. Bob CordeII: I'm Bob CordeII from Redmond Products. I just want to clear up one slight bit of confusion on it. I think both Jay end for our purposes we would prefer the gravel . That's where u,e came from the beginning because it's a temporary situation. It is less expensive for us to puL in in a temporary siLuation and it is the type of surface that Jay would prefer. Going to a blacktop surface of course would cost quite a bit more to put in and then ue have to incur the additional cost of removing the blacktop to restore it back to the situation that Jay wouLd prefer to have. He wanls the properLy for plantings and not for parking so we felt that in our original plan, that if we had an adequate graveled surface, rolled gravel surface that iL would suffice for our purposes. our short term purposes and also provide a space when we left that is adequate for Jay's expansion. Conrad: Jo Ann, how does that? olsen: tlell t^re understand you know why they utould prefer gravel but have to look at it from the maintenance point and we have to look at Iong term. Uhat it does wiLh Lhe wetland nearby. I guess I'II have we the SITE PLAN AHENDMENT FOR EXPANSION OF THE PARKING AREA I.IEST OF LOTUS GARDEN CENTER ON PROPERTY ZONED IOP ANO LOCATED AT 14930 I,IEST 78TH STREET, REDI,IOND PRODUCTS - Planning Commission Heet i ng August 1, 1990 - Page 32 Conrad: Do you u,ant to address that if you can? Folch: WelI basically, any time you have a situation Iike this whereyou've got a fairly sizeable surface area that is not stabilized from an erosion standpoint, you're 9oin9 to get erosion. You're going Lo have a dust problem. I can foresee this particular facility during spring thaws, during various times during the summer where you're going to have frequent rains, it's going to be, it can be a mud problem. It's something that's definitely going to have to be, there's 9oin9 to have to be a maintenanceprogram to take care of these problems that you're going to have. Snow plor.ring during the ulintertime is of course going to disperse the gravel .You'lI have to deal with that somehow and I guess one of the more important issues is when you have a gravel surface Iike this, you're not able to stripe parking stal.ls in the parking lot and therefore you're not able to organize an efficient parking scheme for the people using it. From that standpoint I don't see the advantage. I can understand the situation oftrying to keep the parking lot a temporary situation. Temporary facility and I know in discussing this with Bob and Bob's engineer with some of these issues, they have proposed even going as far as constructing a 2 inchclear crushed rock mat over the top of the gravel surface to try and dampen some of the potential problems with dust and erosion so the muddiness thatthey would have but I guess looking at the difference in what it would costto put that clear crushed gravel surface over the top versus paving and some of the maintenance costs that are going to be involved overpotentially the next 3 years, I see as a situation that ue may be creating more problems by trying to solve a parking shortage problem. Charles address the engineerins conditions but as far as it being maintained, we're just not comfortable wiLh gravel. ::::;';".1:",-';, :::.':: -..dy patzke. r,m with rhe Ensineerins Arriance.Ihe engineering firm that's working with Redmond Products and I've got some_ statements that I'd ]ike to make as reasons for you to consider approval ofthe gravel parking surface and I'd also Iike to take some exceptions to some of the remarks that are in the parcket and that were made tonight. The reasons for approving Lhe gravel parking surface. One, the parking -area is a temporary lot. The surface is compatible with Lotus, theIandowner's projected use. Redmond is not in the downtown businessdistrict - They are out of your hlghway visible district which I have toadmit is improving over what I've s€€n in the past a few years ago. Theparking area's visibility will be blocked by the berm and the plantings onthe berm. The alignment of TH 1O1 is going to cause a major amount ofconstruction and disruption Lo that area anyh,ay. TotaL cost per squarefoot is lower with the gravel . The owner is uilling to accept thepotential higher annual maintenance cost. The restoration costs are Iower.Clean fiII has no fines in it which will minimize Lhe erosion to thewetlands and the gravel wi}l have less runoff and the clean gravel will bestripeable because the fines aren't there. Reasons for approval of massparking. The use is optionaL to Redmond employees. It's not the publicparking. Mass parking is used in l,linneapolis near the MeLrodome, l.,lassparking should be used by the first shift employees. Again, the annual Planning Commission l.'teet i ng August 1, 1990 - Page 33 cost per space are lower. The curb stops, one of the concerns was drivinginto and exiting but the curb stops trill prevent that. ClarificaLion fromthe memo. Runoff is actually lourer with a gravel surface than a paved surface. Erosion ulith clean fill wiII be Iess because of no fines and thegravel can be striped. Something else in the recommendations, it refers torestoring to original . The original needs to be defined. Is that ascurrently or as compatible with the owner's planned use. That will need to be defined a Iittle bit better Lhan iL is. And another consideration is would the Planning Commission consider a variance to the front of the Redmond site setback for permanent parkins in the future. Conrad: Thank you. end. Any other commenL6? Okay. Tim, we'Il start at your Erhart: Did you say you Randy Patzke: Yeah. Erhart: Can you explai n could stripe gravel ? that one to me. paint and paint.Randy Patzke: Get a can of spray Erhart: Hor., Iong does that last? Randy Patzke: Depending on weather conditions, the surface r.riII...so it'sgoing to be a compacted surface. Erhart: Let me understand Uhat's being proposed here. Is this one of the ne!^, temporary conditional use permits? Olsen: The way we're processing it is actually a site plan amendment for Lotus Lah,n and Garden for a parking area on the site which will be used by Redmond. No, we're not doing it as a temporary use. Erhart: This is no different than if my company came in and put a gravel parking IoL for my employees. olsen: If you wanted to expand your parking lot, yeah. No different. Erhart: I cannot imagine why ue'd even consider this sort of thing. I see no difference between this and any other company that has parking for employees in this city. As far as Jay, I hope he's there for 3 years from now but I don't think you can base something Iike an exception like this based on the assumption that Jay, if Jay does weII he'll move to a biggerspot and so forth and the idea of basing on that is not to me a valid argument because I don't think you knor that that's going to be used forthat purpose 3 years from now. I don't have a lot of questions. Yeah, I do have one more question. The 2 inch bituminous mats that you'reproposing, what's our standards for parking Iots? Folch: That is a 2 inch mat. Planning Commission Heel i ng August 1, 1990 - Page 34 Erhart: It is a 2 inch mat. That's why they a.lways break up. Okay, I thought thaL seemed less than our normal. Fo]ch: I believe that's correct. Erhart: That seems odd because I just put in a driveway and they put in 41/2 compressed. It's 4 compressed to 3 L/2. I was told that that Has average or that was typical for a private drive. Folch: A lot of it will also a base too. It can vary. depend on how much crushed rock you put in as Erhart: t,lel] anyway, as long as I understand. That's the only guestion I had and as I pointed out, maybe some of the other questions can change my mind but I don't see it. Emmings: I'm r.rondering how we got business in toun that doesn't have into a situation adequate parking have a employees. where wefor it's olsen: Their site plan met the zoning ordinance. that they're overlapping shifLs.I think the problem rs Emmings: BUL isn't that something that our parking ordinance takes into accou nt? Krauss: The way the parking ordinance standard is worded, but that's the u,ay they wenL in lhere. The wording is kind of, it's a tough one toenforce. There's turo way of figuring it. You figure it on gross square footage or you figure it on I think it's employees on a major shift. tlhat we've got now because of their operational constraints and Bob Cordell canexplain it better than I but they have equipment.that they can'teffectively turn off so they wind up having to overlap shifts which is Iike Christmas at SouLhdale. I mean you're doubling your requirement uhen you dothat and no, it Lras never designed to accommodate that. Emmings: That's something we maybe beLter look at if ue're 9oin9 to continue to buil.d industrial and commercial. EIIson: They overlap for what, a half hour period of time?could have moved the cars and things like that it could get it could be solved another t,lay or something Iike that too. f mean if you done so maybe Emmi ngs: t^leI I how? EIlson: Parking attendant that takes your key and when the other person comes, takes your spot or who knows what. Emmings: t,here do you put the car in the meantime? He drives around? fiIIed.EIIson: Like a parking attendant where the thing is aII Emmings: If we've got a hole in ourit because this could be a real mess ordinance, I think Ne ought to addressif it happens someplace uhere there's Plann,i ng Commission Heet i ng August 1, 1990 - Page 35 no land to expand to. Krauss: It could. It's a very tough thing to address though because we'renot talking abouE physical changes to the buildins that trip a buildingpermit, Lle're talking about operational changes that re have no controlover or effective knowledge of unless someLhing Iike Lhis crops up. Emmings: l^lell what would we industrial park with no landthis? What uould be done? do for example if a businessto expand to carne in uith an down in the operaLion like Krauss: In fact we had problems Iike this with United l,tailing. tlhereby they were parking on the street and were required to build additionalparking and people were told they'd be cited if something wasn't resolved. So it has happened. It has been effectively dealt urith. Erhart: Permanent par king lot? Krauss: It a permanent olsen: And par k too . uras then we do allot^r parking lot , yeah. off site parking lots in the industrial office Krauss: We'll have to deal with them as they do. Emmings: AIright. l.le're talking about either t.that he's proposed, which I don't understand. Some kind of a rolled and compacted gravel surface on the one hand and 2 inches of bituminous mat on the other hand- Are those aII the alternatives? Is it one or the other? Randy Patzke: There's one other alternative and that would be just a standard class v which urould be comparable to sand and smalI fines. Emmings: That would be horrible I guess . the 2 inch mat with the 2 inch clear fiIIRandy Patzke: Right. That's uhy was proposed after . . .1.,ith Charles. Emmings: So the only alternetives here are the two that have been set before us? Randy Patzke: Correct . Emmings: tlell, if it comes down to that I guess from my point of view, it's an engineering issue. I don't knou how tso resolve it and I've got togo r.Jith the city Engineer. If they can't convince the engineer to go along with them, they can't convince me either. Emmings: Then you think that our par king ordinance is adequate and thatue're going to have these crop up from time to time and that's okay or we'Il have to deal with it when it does? Planning commission Meet i n9 August 1, 1990 - Page 36 Bob cordell: Maybe I can help clarify some of the thinking ure have done. l^le have grown considerably since we've been here and we have done some redesign of the parking in the back to accommodale additional cars. t,e looked at this for 2 reasons. It u,as a very temporary solution to theproblem. There's some things u,e can do in the front that ue also proposed _but not necessari Iy for this many because we thought it'd be a further step r^rhich would give us approximately 80 spaces in the front of the buildingbut would require a variance inasmuch as we'd have to come in to that what we have in front of the plant. If ue did that however, it creates acertain period of time when there's total disruption of that lot so we feltthat going into the one on the Lotus properiy uould provide a place for atleast some of our cars to go. [.re currently have 9 spaces out there right now and even with the dense parking next door, tre'd only get 76. But atleast to have that overf .Iou should ure elect to go to that next step. Itisn't true that it's jusL during this overlap, althoush that has become amajor problem with this. Shuttj.ng those machines down and getting themstarted, and the time to come back up to speed is quite a bit more than 45minutes and gets quite expensive to do that. lre are studying as youprobably aII know how Lo handle our gror.rth. tle're trying to stay here aslong as we possible can. There's some things that we can do within theplant that uiII increase our productivity and so forth but one of the majorproblems is where do b,e put our people. l.,le've looked at renting space f rom-FilIy's Nightclub and trucking people back and forLh. Of course in thewinter that's a pretty dj.fficult situation and this being very close to us, seemed to be the most logical especially in consideration of getting thisfacility and there r.,ere some...benefits to both parties. I can foresee the-place Hhere parking may become the limiLing factor of our longevity at theplant . l.le currently have about 18O spaces. l.le have 245 employees. If r.reextend Lhe production facility, alLhough there's 9oin9 to be a trade-off in-efficiency versus the number of people, it's still exceeding the number ofspaces ue have. I would foresee havins to move inLo that front area butrequiring that that area on the side as a temporary area to help us in the _shorL term and also to help us...remodeling of that front lawn. Certainly - when we do front lots and so forth, we would do a class job. l.,hat h,ealways strive to do is firs! class company. Ellson: okay, so I guess it is bigger than just a few minutes everyday. Thank you. The other thing that I was trying to picture is how much moreis it? Hour much cheaper is the gravel per square foot than thebituminous? Everyone says it's cheaper. Is it Iike 5x you're going to be Ellson: The first thing I thoughL of is, is there another way to solvethis parking problem and I'm not sure if Redmond's looked at everything orif they r^,ere to come to us with not necessarily the variance i.dea. That r.rouldn't even actually probably come to us but I don't know. It seems like -a 45 minute thing every day, maybe at the max that you have this back up and if it's just shifts overlapping or something, or are you saying thatyou real).y need this much parking all day long? I picture that the firstshift goes in there. The second shift comes. They park in Lotus and thenthe first shift l.eaves and you've got half a parking lot empty until thethird one comes and they, that's what I'm picturing. ft seems weird that somehow these open spaces are going to be there. l,laybe I'm wrong P Ian ni ng August 1 Commission Meet i ng 1990 - Page 37 asked to pay or how much more cheaper is the one alternative versus the other? Randy Patzke: It appears that over this period of time it's approximately $20,ooo.oo. Ellson: For which? Randy Patz ke:in.For upgrading because h,e not only have to put the blacktop Ellson: You'd have to pay an additional $2O,OOO.OO over the gravel? Randy Patzke: ThaL's r ight . E.Llson: f guess that does seem likeyears. oh boy, you're going to have investment there, I'm not in trying an awful lot for something for 3a hard time getting your returnto make hardships. on Folch: If I misht inLerrupt and comment on that. Looking at it, just running some rough estimates on that. I estimate from their plan submittedthat the parking lot size is a little over 2,OOO square yards which taill,with a 2 inch bituminous mat approximate about 225 tons of blacktop material . Estimating blacktop in place, estimated at !E25.OO a ton, it canrun as much as !$3O.OO a ton but !E25.OO a ton would run at about $5,600.00to pu! the 2 inch bituminous mat on that facility. Estimatins Lhis samefacility, putting down the 2 inch clear crushed rock, I estimate that costto be about $1 ,OOO.OO. Randy Patz ke: I'd Erhart: $5,600.OO Folch: !t25 . oo a tonpretty common, sure like to g6t your to put the asphalt on is pretty common, est i mates . that par k i ng? $25.OO to !i3O.OO a ton installed is Randy Patzke: The prices that we had from the asphalt. . .to !E12,Ooo.Oo. I don't knou, I'm not a contracLor.Bob CordeII: 50 cenLs a square foot. conradr Any more comments Annette? Ellson: There were some conflicting opinions on that concrete or gravel is better for runoff and when you hrere Iooking at it Charles you were looking at the type of gravel that they urere doing? Folch: You bet. In a sense we're not, uith either method I guess Nithoutputting in curb and gutter and storm sewer u,e aren't controlling runoff ortrying to control the rate of runoff. tlhat we're trying to avoid is an erosion sicuation. I do have close experience uith a parking lot at arecreational facility that I've used quite a bit that has, what they did isinstalled clear crushed rock and I can teII you from, they're aluays inthere constantly releveling it because without the fine material it doesn't PIanning August 1 commission t,leet ing t99O - Pase 38 stabilize real r.rell. It pushes apart when cars are driving on it and there- is no uay you can stripe that and have that striping scay in place becauseof the rock material because it is clear is real mobile. EI Ison: Okay . Conrad: I also am comfortable with the staff report and I think slippingthe curb and gutLer requirements is something that we normally don't do andin a temporary situation I think it's appropriate. I think u,e have slipped some of the standards that we would normally impose and do believe thatiC's the requirement of the bituminous is appropriate. I have no other comments on this. I would hope, I guess long run I think we were asked uould we look at a variance. Actually and Lhat's a tough one because welike Redmond in town for as ]ong as we can keep Redmond here and they have thaL facility. I guess here's a situation where I wish r.re could solvetheir parking problem permanently. Not temporarily. It looks like I wish enough parking was contiguous to lhe siEe that uas ouned under Lhe Redmond name. Tim? Erhart: Yeah, I have a question for staff here. I ]ike Redmond too. Don't-get me urrong. I'm having a hard time understanding why you're recommending to not require curbs in this application h,hen I thought the argument fornot requiring curbs on the one on OuatLro Orive up here where the guy stored automobiles, I thought the argument there held a Iot more water thanthis one and f argued that I thousht we ought to eliminate the curbs there.I mean there we had a precedent where the previous parking, existingparking Iot in that industrial site was flush trith the grass and we came in and basically as staff recommended, they had to go in and put the curb inthe new section of the parking lot. Now how do you weigh this one againsLthat one? Other than you buy this temporary thing. This isn't going to be- temporary. ElIson: That's the biggest thing right there. Erhart: This isn't going to be temporary. This isyears. If they move, somebody else, the next guy ispar king Iot . going goi ng to go in here 3 to use thi s Olsen: There's a specific condition. olsen: If at that time it becomes permanent, they put curb and gutter inat that time. The oLher one, it wiII be directed into storm sewer. This one is not being directed into the storm ser.rer so that's one of the main t,lildermuth: I feel a strong sense of obligation on the part of the Planning Commission and tshe City to work vlith industry that has come to Chanhassen but after reading through this and listening to the discussion, I just feel Lhat Lhe staff report has to be supported. I think the factthat curb and gutter r.rasn't required, storm sewer urasn't required, demonstrates good faiLh on the City's part to work with them and I think bituminous surface is certainly required. Bob cordell: It's in the contract... Our agreement is that we'II... Planning Commission Heet i ng August 1, 1990 - Page 39 purposes for curb and gutter. Erhart: NeII yeah, that's my next question. olsen: Why not? Erhart: t^Jhy isn't it? I'm not saying it's not a good idea. I'm just saying how do we, I was trying to figure out why you. Olsen: Because we were trying to make it work. Krauss: tle are accepting the premise that it's temporary. Olsen: And we've got a condition to guarantee that. Erhart: Somehow in my mind these things don't end up lemporary. That's the problem. Krauss: But ue did recommend conditions that would help to enforce that including the financial guarantees. conrad: rt seems to me that if it was bituminous, the oil and gas would, taLk to me about bituminous excepting oiI and gas which it obviously doesn't would run off in a rain versus gravel tlould sink in. Is there any benefit one h,ay or another? See I'm not sure. Oil sinking into the earth no matter what is not good. Folch: I think from the standPoint of you're Iooking at like oil that mav be dripping from engines and it's a fairly smalI sPots of oil that vou would get on either surface, you Probably aren't going to get a whole ]ot of runoff from thaL. If you're Lalking a much larger Puddle of oiI of course, the blacktop is going to send it dourn off into the Pond of course whereas the gravel may tend to hold it but evenLuallv it Probablv trould percolate and the water urould carry it into the Pond. But I don't think it's a problem that should raise any concern just from sPots that maybe drop from cars and things ]ike that. Erhart: okay, that's my only comment, Thanks. conrad: okay, any other? I don't know if, yeah they did ask at one Point in time if ure would consider a variance in terms of impervious surface on the current site. Are there any comments on that? Emmings: How can u,e comment on it r.lithout the staff looking at it? Krauss: tle did initially explore some of those options tlith Hr. CordelI and had problems with it. You lose the, one of the things that's nice about lhaL building is the quality of landscaPing that's in front of it. chew into that setback, you lose a Iot of that. Yes, you can make uP some of the difference with more intensive plantings but you not only have setback variances. you had hard surface coverages and we exPressed relunctance to proceed aIong that manner and expressed an interest in r^rorking b,ith them in fact on this temPorary Parking lot as an alternative. Planning Commission Meeti ng August 7, 7990 - Page 40 Conrad: Yeah, I like the staff recommended solution. I hope it works for Redmond. Obviously iL doesn't totally work for them based on their comments but I would hope that it wasn't that much pricier soj.ution but Ido Iike staff comments. Anything else? Randy Patzke: Did you address the mass parking... mass parking in terms of theConrad: Yeah,stacking. Any we rea I ly opi nions? haven't LaI ked tli I dermuth: emp Ioyees . If you can make it work, fine. It's your parking lot. Your Conrad: tlhy do uJe, as a city, why do we care PauI? Krauss: t^lel I you care for several reasons. One of the issues that broughtthis about was there's problems urith cars parking in fire ]anes on thesite. The mass parking scheme has only, we've never used it in town. The -examples where it has been used are fully manned parking lots inMinneapolis or in St. Paul where people know exactly when the)z're going toleave and if not, the attendant can shuffle cars around. I don't know how _ many of you have visited the Hetro Council but they have a parking lotwhere they wiII block you in. You might be 2 cars in but you teII theattendant which car you uant and they shuffle the cars around and get youout. That's not the case here. Once your car is sLuck in the middle with -this proposal, it's there until the shift changes. Conrad: And uhy do we care? Krauss: tlhy do we care? l.te see people trying to jump medians to get outof there, If you had to leave in an emergency, you'd find a uay to getout. [^,e see problems with cars shuff]ing. I mean there's going to bemanuevering is tough. I mean does everybody start their engines at the same time? How do you coordinate this? Is there 9oin9 to be a flag manthere saying, like at the State Fair saying it's your turn over here. ElIson: You couId. l.,lildermuth: That becomes an employee satisfaction issue though.that problem only has to come up 2 or 3 times and Redmond has got, management and Human Resources people at Redmond have a problem onhands and they've probablv have Lo address it. I mean the thei r Krauss: t^lhen ]andscaping is trashed. when cars are entering and leavinguhere they shouldn't. tJhen cars are stacking up in public right-of-uraybecause the internal circulation is jumbled up, yeah then it becomes ourproblem. If it r.las all internal. I mean if they had 40 acres and we'dnever see it, I don't think we'd care. tliIdermuth: I don'L knoe,. If they canthey're going to have to sLripe the lotthere for aisle guides or something. make it r.rork, fine.or put some concrete If they can't, berms down Flanning Commission Meet i ng Ausust 1, 1990 - Pase 41 Emmings: How many spaces with, if it's striped and they have ordinaryparking there, how many spaces do they get? 76? Olsen: I think it's 65. Randy Patzke: It's 65 with the regular and 74, it's about a... Emmings: But wiII this give you what you need if it's striped? If you don't use mass parking, will this give you enough spaces to solve theproblem that you've got? Bob CordelL: Not quite. If we add the 65 to the 18O we have here, that doesn't quite add up to the 245 people we currently have. [^le're thinkingin the long term we're going to have to do somethins in front of the building too. Emmings: tlhy don't you build a ramp. Bob Cordell: tle're considering that in the rear of the buildins. It's not an easy solution. Emmings: No, I wouldn't think so. Bob Cordell: And then we do that behind our building periodically we sit...and we have a couple cars parked 2 or 3 deep. It's all within our oun facility so if somebody should have to move a car, we only have one row thaL would be very, plus a couple up in front. Our peoPle are right there and we could keep the keys for the other cars at the front desk so I don't think it t^rould be an insurmountabl.e Problem. Krauss: I don't wish to be argumentative but I see it as a more serious problem than that. Look at the plan there, you've got 4 rows, well 3 rows that are buried. Emmings: tlhat plan? Oh, that one. conrad: Go back in and tell me how this affects the City? They're going to jump the curb so ue don't have curbs. They're 9oin9 to jumP the berms but really the berms. Randy Patzke: You require a concrete car stoP anyh,ay so essentially you do have a curb. And you do have a 2 to 4 foot high berm on the other side. . . Ellson: Haybe we can have a trial period and evaluate it after x Period of time. I'm kind of with Jim. It'd be more of their problem than oufs. I'd Iike to see it tried and if it doesn't work- Olsen: It'd need a variance. I think I mentioned that before because the ordinance requires these specifications so you have to receive a variance. Conrad: To do what? olsen: They have to receive a variance to our parking standards. PIanni ng Commission lleeli ng August 1, 1990 - Pase 42 Krauss: hle have requirements for parking stall width and aisle width thatwould be in violation here. hlildermuLh: So regardless what they went for here, bituminous surface orgravel surface Krauss: I can't tell you uith certainity that this is not going to workand that it's going to cause a horrendous problem. The fact is, I don,tknow because I've never tried this and nobody I know has ever tried this. Chanhassen could be innovative and see. The problem is once iL's there,it's the dickens to fix. conrad: l.lell., is that true? In other words, if we gave them theopportunity to do this and it affected the City, is there a Hay to say noyou can't do this anymore? In other urords, I don't care if they stack them20, I think it's a company problem. I think it would not be someLhing LhatI would institute at my company but if that,s the way they want to solvetheir parking problem, that's their staffing issue. I wouldn't want to be -on their human resources group but as rong as it doesn't affect chanhassen,then I guess I'm kind of comfortable with it but paul you,re saying itmight and that's what I'm trying to get a sense for. Of r.rhat would happen. -Then the other thought uould be, if we IeL them try it and it didn't work,is there a h,ay to let Lhem try it. Krauss: From an enforcement standpoint, there may be an issue. you couldattach a condition to the site pran buL the site plan is effective to theextent that thev build the parking Iot the Hay you approved it and then aslong as thev do that, thev're consisten uith it. This is not a conditional -use permit. This is not something thaL vou're adding conditions Lo thatperiodically you u,ere allowed to re-evaluate. Then if something is notcomplied with, withdraw your original approval. your site plan approvalbasically is permanent. Conrad: It's realIy a parking. Krauss: tJe could probably workcould be difficult to enforce. It realIy specifies the parking out something cooperatively with str uctur e . them. It Bob Cordell: See if this didn,t work...on our part and ue'd have to dosomeLhing to accommodate it. If we wouldn't, continue to try to dosomething that we couldn't implement, ue'd go back to a reasonabre plan. t^le f eer Ne can do it. otherwise we wouldn't have suggested it but r agr6et^rith you that again, if we couldn,t get it in here in this density and wehad to put another row in, well we'd like to move it and we would do that. Emmings: You know it would seem to me that, let's just say we did allowthe mass parking. I think PauI's right. I think it's going to createproblems. That's just my sense of it but it,s not going to createprobLems, if it creates problems to the east they're on Redmond property.If it creates problems to the, it,s not going to create problems to the TH5 side I don't think because there's trees and plantings in there so I'mcomfortable with that. It's going to, the person it wiII cause problemsfor would probably be Jay. Flanni.ng Commission l"leet i n9 August 1, 1990 - Page 43 lri I der mut h : par king Iot . The most immediate thing is 9oin9 to be to hop into his Emmings: And so I suppose if people are trying tolot, they're going to go over his property. l,laybe worried about it or feels Iike Redmond. bust out of that parking he can, if he's not Jay Kronic k: I 'l I protect myself . Emmings: Have maybe it's not Jay patrolling a problem. his lot line with a shotgun you know but, so Kraussi There's one last thing I'd ask you to consider though. If you doconsider the mass parking, and we'II of course abide by your decision withthat. It should be understood that if it fails, there's not an impliedresponsibiliLy on the part of the city to grant variances elsewhere on thesite to provide an equivalent number of stalls. If it fails, the experiment fails and you revert back to Che original recommendation. Andultimately if it's impossible to park everybody on the site, well maybe thesite's overdeveloped. Emmings: tlhat if we approve this with the striping that's on the plan, the way the City has recommended doing it and then allow them to do an experiment with mass par king? Then if it doesn't work, what they're approved for is what's on here. They'd have to recoat it and restripe iL and do it the way we told them they had to do in the first place. Krauss: Bob has always worked with us quite well. I mean I would accept aIetter from him basically stating concurrence with some sort of agreement to that effect. Emmings: [.Je agree not to enforce the, this particu]ar condition pending thei.r experiment to see r.rhether it works and that if it has any impact onthe City or a neighboring property owners. Conrad: That sounds real, I Iike that, Randy Patzke: Some of the businesses that you have here... You've got Rosemount out here and Mcclynn Barkery, those are some big buildings thaLare already standing. They may geL into the situation too where they want to Iook at it in the future. You've got a perfect opportunity with Redmond on a small lot who is willing to try it and allow a }earning exPerience for the Planning Commission and City CounciI. Conrad: f'm not sure that that's the rationale I'd buy. I think just trying to be ameniable with Redmond as a good n€ighbor, I think that's uhat we're trying to do here. [.,e're certainly not settj.ng any, that's not what I urant Chanhassen to be a forerunner in is creative parking. l.le do have asignificant amount of space. If we were in downtown Minneapolis maybe but I liked what Steve said because it may give us the leverage to 9o back to a secure plan but also possibly give the company a chance to try this. I Iikethat and I still, I'm just not persuaded that this is hurting Chanhassen. I think it's up to Redmond and that's their business. Not ours. Planning Commission l',leet i ng August 1, 1990 - Page 44 conrad: You're absolutely right. Yeah, your ordinances shouldguide. Here t{e're saying that h,e've got a temporary, we've got is what we've got here and the applicant... be there toa problem Erhart: tlho's got a problem? Conrad: Redmond does. And the applicant doesn't want to buy anymore landso I think that's, we could be real hardball about this and just said put in curb and gutter, buy some more land and take care of your needs. That's-possible Tim. Er hart: I'II put my comments we knou how in after we take a vote. Emmings: I Erhart: I 9U eSS he 's voting. suggest you go ahead and vote on that. Krauss: I stilI remain unclear though on how we would handle the varianceaspect of it. tJe changed the ordinance so you guys do the r ecommendat i ons -on variances such as this and City Council has Lo approve it. A varianceis for ever Emmings: No var iance . EIIson: [.le're not. tle're approving the way you guys have written it withan experimental period of time or whatever. Olsen: l^lhat they're doing, we would actuallywhat was approved and lhey're not meeting the Emmings: That's right. I don't know why webasis to approve it this way and decide on anaIlow them to conduct an experiment t,ith. have Lo, they're not doing ordi nance - cbn't decide on informal basis i nfor ma Ire going an we'to EIIson: And then after 3 months or 2 monthsyou give them an official variance. Is that How do you let them do iL year after year? Olsen: Or if it doesn't work, what do ueit's not working or do they come back andPlanning Commission and Counci I? Lhey come back and thenyou're saying Jo Ann? uhen what do then?they can I call them up and say argue in front of the Krauss: I think your intent is clear. 1.rh8t I'd approve it that uay, go ahead and let us consult whatever. Iike Lo do, ifwith Lhe City, you want toueII Erhart: tJhy do we have an ordinance then? conrad: Yeah. I think yes, if we get complaints that it,s impacting theCity and I think we should, the City Council has to decide what those wouldbe. If one complaint is not a big deal , maybe 2 or A over a short periodof time. If there are impacts, then I think then it's going to be realclear that they have to go back Lo the 65 stalls or whatever it is. Planning Commission Heet i ng August 1, 1990 - Page 45 Emmings: But see we're not going to say anything about it in the approval and I think what should happen here is r.le should, I think it should be approved the h,ay the staff has recommended and then l think, and you cancheck with the CiLy Attorney but I think there should simply be a leLter ofunderstandins between the City and that as long, that will allow them to conduct an experiment with mass parking on that lot if they want to. BuLif it impacts any neighboring property or if at the discretion of the City Lhe City feels that it's got any negative impacts for the City, aestheticor otherwise, Ne're going to jerk the rug out from under their feet andthey're going to have to 90, He're going to go back and enforce. EI.Ison: But do you say the experiment is for x period of time and then ifiL flies you then recommend something different? conrad; I think the experiment could last for 3 years. Emmings: Sure. As far as I'm concerned it could. Krauss: WelI that's Uhere I'd like some, see that's- Conrad: Yeah, you've got to talk to the right folks. And the Redmondfolks, they're taking a little bit of risk. I don't know if they're takinga risk. Anytime you deal with the City, I guess that's kind of a risky deal . Ellson: I think it should have an ending. The experiment should have asLart and an end and then if it proves to be something, Lhen He do look atthe possibility of mass parking. Krauss: I think if you're really going to do that you really need to consider that var iance. OIsen:Just to approve it. Put a condition if it doesn't. Then I u,on't go f or it.Emm i ngs : Krauss: Because Ithe Code requires.other way. don't rhink I reall), can Know ulhat you approved conscience know what say okay ure'II look the in and good then Emmi ngs: Are you German? Krauss; HaIf , yeah . Emmings: That's the problem. So am I but I fight against it. Fight itPauI. You can do anything you want to do. There's always a way to dosomething. Always. If you brant to. If you don't want to, you don't wantto- Ellson: I pictured it that it h,as an experiment for x period of time.it came through that it was good, then Lhey'd come through and ask for avariance and we could have proven that it Norks and Lherefore granted. If Planning Commission Heet i ng August 1, 1990 - Page 46 Conrad: Okay. Is there a motion? Steve. Emmings: I'Il move the Planning Commission recommend approval Review Amendment *85-1 wiLh the conditions as contained in thereport. of Site Plan staf f 1 ) EIIson: And I'II second it. Conrad: Any discussion? Emmings moved, EIIson seconded that the Planning Commission rscommend aPProval of Site PIan Review Amendment *a5-1 xith the folloning conditions: A revised site plan shall be submitted showing that the parking lotshall be paved with a 2 inch bituminous mat. The parking lot will be permitted for three years (36 months) until October 3L, L993, and at which time the area must be restored to itsoriginal condition. If the use of the parking lot is extended beyondthree years curb and gutter must be provided around the parking lotperimeter and the site must connect to the storm ser^,er in tlest 78th Str eet . A revised grading and Ianscaping plan shaLl be submitted providing therequired berming and Iandscaping. Type III reinforced erosion contro] shall be instaLled at aIl locations shown on the plans prior to construction and maintained for the Iife of-the facility. A detail of Type III reinforced erosion control shall be shown on the plans. A concrete driveway apron (city standard ) shall be installed at the entrance to the parking Iot. 4 5 6 The applicant shalL provide the City with a }etter of credit in an amount approved by the city Engineer to cover the cost to remove all ofthe proposed improvements and restore the site back to it's originalconditions . All voted in favor except Erhart uho opposed and the motion carried hrithvote of 4 to 1. a Conrad: And the reason for your opposition? Erhart: Number one, f think there must not have been enough on the agenda -for the Planning Commission tonight. Even to talk about this bhing. Ithink ue worked hard to make, to set down a document and standard thatwould make our industrial parks meet a certain standard. I think ere've now- come up with another way to tr.rist iL around by calling this a temporaryparking lot and as a resul.t, if this trere to pass, quite frankl.y I thinkyou'd just make a shambles of the existing ordinance. There is no suchthing as a temporary parking lot. They'II just come in 3 years and saywell, this building's not going to leave in 3 years and there's going to have to be shifts there even if Redmond moves to a different building. Ijust don't think we ought to be doing this just because ure think thatsomething's going to change 3 years doun the road. They're just going tosay, well it's existing. tle've got people parking on it. Let's just extend it another year and it will go on and on and I think it's a realinjustice to the other industries, Lhe other companies in our industrialpark that have come in and paid the extra money to put the parking lot in.I think u,hat you're talking about is saving Redmond either S grand. Haybeit's 20 grand and vou're talking about imparting a problem on the city thatcould be, in terms of time spent and nuisance, much higher than this.l.le're talking about an insignificant investment. Hhen you're talking aboutthe kind of growth we're talking about, we,re Lalking about employees. I'mjust really kind of stunned that we're even considering it. I think we'vegot good ordinances and there better be good reasons that bre don,t fo]Iowthem. Regarding the mass parking. Is this another subject that we'regoing Lo take up again or are you looking for comments on that too? Erhart: llass parking u,asn'L in this so is that going to be a discussionthat you're Iooking for comments? Erhart: Okay. I won't say anymore. Conrad: terms of Steve, dothe test? you want to make a recommendation to You passed, you made a motion ulhich the did City Council in Pass . Emmings: I guess aII I would say is that if, the one h,ay I see or onepossibility uould be to not enforce the condition that requires them tostripe it to city'standards on an experimental basis to see if mass parking would work in their ouln circumstances. I don't feel strongly about it one h,ay or the other. I just see it as an alternative if the City CounciL isinclined to lry to allow them to do what they want to do, that that blouldbe a nay to do it. Conrad: Okay, thanks. ELlson: If it wasn't something like this PauI, I uas just wondering. Let'ssay one of our items was just to look into mass parking. I mean the Cityput a commission together or something Iike that. t"touldn't u,e try to ]ikeinstiLute some sort of experiment to see if it would work? Outside of thisindividual situation. I mean if you guys are worried because it's anordinance, could it be a trial basis based on us looking at future parkingproblems in the City of Chanhassen and doing it, running a test for that PUrpose. Krauss: If you could work that out legally, possibly yes but typically when you ask us to invesligate things, we just go ou! and find examplesthat already exist and bring them back to review. I keep being remindedhere about this concept of...Iiability. tle're being told to do somethingthat violates the Code but nobody's approved violating the Code. I guess I P lanrii n9 Commission Meeting August 1, 1990 - Page 47 Conrad: EeIl we voted. Conrad: No . PIanni n9 August 1 Commission Heet i ng 1990 - Pase 48 agree to a large extent with Commissioner Erhart that Codes are Codes andyou don't want to be a bureaucrat but Lhey're there for a reason and Idon't have flexibility, nor do I want it, to violate codes unilaterally. EIIson: I'm thinking of it more Iike what you said, Hore like a testthing. If we uere to set the whole thing up as a test. In other xords,it's endorsed by the City and it's got to panel Lhat's overseeing this Lest- and we're looking at it as a task force of some sort Krauss: There's nothing is State planning Iegislation that let's you enforce ordinances except when you have expcriments. I mean maybe there'sa way that the City Altorney can give us. Ellson: I would think that that would be a legitimate reason. tlildermuth: The oLher side of this coin is that He're duty bounda variance then because when Redmond built the building, they met ordinance in place at the time. Right? to grant the Emmings: No, I don't think so. Erhart: There's nothing that says that they are allowed to have 10,OOOpeople r^,orking in that buiLdins Jim. There is a limit. Emmings: Right. That is self imposed. They've decided to run theirshifts that way and they create a parking problem. t,li I dermuth : t,lhat's your much I imit? Par ki n9? Krauss: Yes. Ver y so. Par king is one of the They major determi nants. CITY COUNCIL UPDATE: tlildermuth: ceez. A company is successful.hire more employees. Conrad: tlell PauI , what we're asking you to do is to look into that option- and advise the City Council in terms of uhether that's an option. It Iookslike that it might be. This item f assume is 9oin9 on the 27th to CityCouncil. Anyu,ay, thank you for coming in. (xLadd Conrad Ieft the meeting at this point and appoinled Tim Erhart as Chairman of the meeting. ) APPROVAL OF I,IINUTES: Emmings moved, EIIson seconded to approve the Minutesof the Planning Commission meeting dated July La, L99O as presented. AIIvoted in favor and the motion carried unanimous.l.y. Erhart:that Has Any questions from the commissioners on the City Council updatepresented by PauI? Emmings: Yeah. I liked your response. Planning August 1 Commission Meet i ng 7990 - Pase 49 Erlson: Io Errc. Emmings: Yeah. I thought, you did a nice job. Erhart: Any other questions? El]son: I asked him before you guys came in if theout because I noticed that arket Square is going to and he basically said it seems like a dead issue. Iwith is asking me about Target. ONGOING ITEHS: Krauss: I know we mailed out about 5,ooo, It not some but ure've got the owner's list through Carver Krauss: oh, storm water utility fund. Gary and f have been working with a consullant who has been also r^rorking with the cily council in laying out the program in terms of getting a ulork program and what kinds of things we might tackle in terms of undersLanding urhat kind of revenues it misht generate and how it misht be operated. tte held a public information meeting on it in late June or early JuIy, It's scheduled to go before the City Council for public hearing, not the next meeting. The one follouing that. Erhart: t,hat was the turn out at the first meeti ng? mailed out notices and surveys toKrauss: It was very slight but we had theore!icaIIy everybody in the city. Erhart: I don't recall getting it and I certainly would have. Target is definitelyget going Lhis month mean everyone I wor k impossible we missed county. Krauss: The tur n unfortunately. out really wasn't very good at that meeting Erhart: Do people know this is going to cost them some money? Erhart: ongoing Items, any questions from Commissioners? I have one underother items, Reappraisal on wetland issues, ordinance and mapping in conjunction with storm water management. I understand there was, is thisthe same thing that ue're talking about here and I think we had an informational meeting. Gary had it about assessing land ourners for stormHater. t^lhat is Lhe slatus of that? I missed that meeting. Is that part of this? Erhart: Pau], what's going to happen if this thing goes to a Public hearing at City Council and Lhe attendance when you get to City Council meetings, things are pretty much already set. It's not a real environment for people to talk pro or con on the subiect. I really question wheLher it's ready for tha!. I've talked with a couple of peoPle that now have heard about it and Lhey've got strong feelings about, I don't know if thev were here at that or not. PIanni ng August 1, Commission Heeti ng 1990 - Page 50 Krauss: lne had an article on it in the paper and I think the material that- Gary sent out uith the survey described the program. Described whatanLicipated costs would be per unit per acre. Erhart: Maybe I'm getting off on about it. Anything else on this?a personal issue. I'II come talk to you OPEN DISCUSSION: SOUTHTJEST HETRo TRANSIT COHI.IISSION PRESENTATION OF INTERIM AND LONG RANGE FOR PARK AND RIDE LOTS FOR ITS EXPRESS ROUTE SERVICE TO DOI.INTOI.IN I.IINNEAPOLIS. Hoisington: I would appreciate if you have a chance, PauI I don't know how you want to deal ulith this or wheLher you're going to make some recommendaLions or just what but somehow or another we would Iike some sortof response. If it's support or things that you think ought to change or whatever. Krauss: l^re can prepare a review and a response for your consideration andask you back on that. Erhart: Yeah, I think we'd like to see it come from you with comments andfilter this down a IitLIe bit how it relates to feedback that you're looking for. OveraII I think the sense here of everybody is verysupportive of your effort there and feel that not enough has been done inthe past. Ellson: t^,e don't want to turn inLo Los Angeles. Fred Hoisington presented an overview of the SouLhurest Hetro Transit Commission's plan for interim and long range plans for park and ride lotsin Chanhassen for it's express route service to downtown Minneapolis, Hestated he was not necessarily looking for comments from the Plannins Commission at this meeting other than to ask questions so the Planning Commission can understand uhat it is Lhat the Southwest Hetro Transit Commission is planning for the southwest corridor. The main point thereport wanted to get across was that the City was the one agency thatinterfaces during the development process with aII aspects of the City,i.e. industry, private individuals, commercial, etc. Lo make sure thattransit is brought into the picture. Southwest Hetro Transit Commissionreally has no pouer but. to operate the system once it's in place. Thereport first deals with park and ride lots. Secondly, it deals with travel demand management. What they're saying is that not every one of the three - communities is going to deal with that in the same fashion but each communiLy should give it serious thousht. The third thing is design fortransit which states that Chanhassen has to begin to establish transitcorridors. tlithin those corridors you have to begin to think about other ways that development can occur. Need to begin shifting some thought fromnot only the automobile users but to transit users and begin thinking about- how the City is going to accommodate for their needs. Fred Hoisingtonpointed out to the Planning Commission possible locations for park and ridelots that they shou).d begin thinking about where they want these sites Iocated I Flaniing Commission Meet i ns August 7, 7990 - Page 51 Erhart: t^lelI, Los Angeles is getting into mass transiL so. Hoisington: l.lell we thank you for the opportunity to be here and we,reIooking forward to comments. Emmings moved, Ellson seconded to adjourn the meeting. AII voted in favorand the motion carried. The meeting uas adjourned at 11:ZO p-m.. Submitted by PauI Kr auss Planning Director Prepared by Nann Ophe i m 2 3 REVISED AUGUST 9, 1990 STATUSONGOING TSSUES Comprehens ive Plan Issues 1. Conprehensive Plan Update Zoninq Code Amendnents 1. Blending ordinance 2. Rezoning BF Dist. to A2 sign ordinance (Iow priority) Tree ordinance - ttapping ofsignif icant vegetative areas Rezoning 2\ Acre Lots to RRDistrict Other ltens Computerize land use files,pernits, conditions andexpiration dates on aparcel by parcel basis Adoption 9/90 AmendDents to UUSA Boundary Adoption 9/90 Future Use for Areas Outside the UUSA Boundary 1995 Study Areas - I{ork effortto begin after adoption of new Comp Plan Staff directed to developscenarios - low priority scheduled Discussl.onlsta f fdirected to draft a potential new zoning dlstrict ordinance -late fall, 1990 Inactive Inactive Ongolng - CUPrs conpleted January, 1991 3 4 5 1 2 Reappraisal on setlandissues, ordinance and napping in conj unctionrrith stotm water ranagenent 3 4 5 Definition of structures Shoreland ordl.nance Flood Zone Ordinance NoveDber, 1990 Schedule future agenda - latefall, 1990 Staff processlng a positionpaper to revieu uetlandordinance and enforcement Budgeted Doney for update 2year tinefrane or storm uaterutility fund Hove[ber 1, 1990 6. Grading/uineralExtraction ordinanceadopted 7.Review legislation and ordinance pertaining to group hones late faII, 1990 8.Variance ordinance and procedures Adopted by city Council 9. ordinance revision dealingwith lots accessed byprivate driveways Approved by cc on 3/26/90 10. ordinance revision dealingwith requirement to post signs of notice for development Adopted - signs to be acguired 11. Zoning Ordinance AEendmentfor satellites on Recreational Beachlots 12. Structures below OHWI'I nust have a perroit. St. Huberts Church and School T 7707 Great Plalns Blvd. Chanha$en, Mlnnesota 55317 Telephone: 934-9106 August 3, 1990 Dear Members of the Chanhassen Plannlng Commlssion: ln the name of our St. Hubert Cathollc Communlty, more speclflcally for the members of our own plannlng and bullding commissions, and cerlalnly for myself, I need to express our sincere appreciatlon for the extremely graclous and encouraging way ln which you received the Planned Unlt Oevelopment proposai for our visioned expansion by way 0f renovatlon and buildlng. We were frankly quite suprlsed at the concern expressed about'play space.' Perhaps it is our fault for not indicatlng the parting lot as play space slnce we have been uttlizing that area as such for the past flfteen years wlthout any problems arising from auto trafflc. The parting area is the most utlllzed of all the play areas, with the exceptionof the school gymnaslum. Ms. Dlmler wa's representlng a very small gnoup of parents from the Day School community who are more concerned about the rtlocatlng of the play 'structures'than they are about play-space. Some of this gnoup have been so radical that they have urged the eliminatlon of the retlrement complex as a way of providlng space to save the play structure as lt ls. As pastoral leader, (though I readlly understand that lt springs from an honest concern I We are most pleased that you sb readily understand our vlsion and express your honest enthusiasm for it. Our plans are the culmination of four years of intense study of need and vlsion for the future (lncludlng a formal 'Ten-year PIan,' the result of lnput after nine months of study by thlrteen subcommlt- tees). The plans we submttted have received the approval of: A) The archbishop by way of the diocesean commlsslon on flnance and development. B) The 5t. Hubert tsulldlng Commlssion. C) The St. Hubert Pastoral Councll. (Eleven representatlves responslble for expressing needs and opinions of thlrteen speclfled areas of St. Hubert activlties, lncluding the educatlon commlttee.) D) The St. Hubert Finance Council. E) The Entire St. Hubert Community - an over'whelmlng, posltlve, almost enthusiastic response registered by a parish public survey, taken at four Hasses on a glven weekend. to provlde'the very best' for thelr chlldren) I cannot tolerate such a natur- al ly self lsh and'tunnel-vlsloned' atiltude. lncere ln my mhlstry to and for the good Beyond my prlestly mlnlstry, I am a professlonal educator - having spent thefirst twenty-one years of my prlesily llfe ln all phases of educailon... from teacher on every level (elementary through universlty) to Dlrector of Educa- tion for the entire drocese of slous Falls, south Dakota. I have seen every kind of playground possible - from the streets next to an inner clty school in chlcago, to a series of concrete terraces below the cathedral scirool ln slous Falls, to black top and gravel areas one flfth the slze of the st. Hubert parklng lot, to an acre of beauttfully landscaped area ln one of'upper class' areas of Nashvllle, Tennessee. I assure you, the play area we are provldlng (even excludlng the gym area) ls most adequate for our needs: A) Baslcally a half hour of recess ofter the lunch period. B) Physlcal education crasses - which use (armost excrusivery) the school gymnaslum and the parklng lot: for softball, volley'ball, klck-ball, waffte ball, dodge balt, ractng, physical fltness test_ lng, etc. Always s .)7t A,rn-7 W.re ril^, )L of people, _P/-h/Zr*r*r//-2- Hs. 6inny Nartelle, present Day School princlpal, and I concur that the new location for the "play structures' lmmensely improves the supervision tasks since it will conflne the smaller children to a more manageable area. surely you are aware of the liabilliles we face when a'play-structure- is errected. we have already'suffered through' a heavy lawsuit and out-of-court setUe- ment because a child was injured ln a fall off one of the slides. lnsurance companies wlll tell you that they feel they have to'tolerate'these struc- tures, but they call them'attracUve nulsances.' we have had our lnsurance company inspect every aspect of exlsting and plan-for-new structure. Had I anticipated a quesilon about the playground space, I surely would have been prepared wrth documentation that might have satisfled your concerns more easlly. Baslcally, play space has been most adequate over the last fif- teen years. we are loslng preclous lltile of that space by the relocaUon of the play-structure. At the same ilme, we are enhanclng our supervision cap-abllltles - ahvays a problem when children are lnvolved. Hoplng this alleviates some of your concems, once more expressrng our deep appreciation for the respect wlth which you accept our'vlsion- foithe ru-' ture, and eager to see it all 'ready-for-use,. I am