12-12-90 Agenda and PacketINTERVIEW PI..ANNING COUIIIISS ION CANI
7: O0 P.U.
Cathy Piha Huffnan
Joseph c. Scott
l,lark Senn
Gary O t Neillvfalter Thompson
AGENDA
CHANHASSEN PIANNING COUI{ISSION
WEDNESDAY, DECEI.{BER 12, 1990, 7:30 P.U.
CITANHASSEN CITY HALL, 690 COULTER DRTVE
CALL TO ORDER
PUBLIC HEARINGS
1. Zoning Ordinance ADendment to amend Section 20-29 (d),
concerning appeals fron decisions of the Board of Adj ustrnents
on variances.
OLD BUSINESS
NEW BUSINESS
APPROVAL OF MTNUTES
CTTY COUNCIL UPDATE
ONGOTNG ITEMS
AD},IINI STRATIVE APPROVALS
OPEN DISCUSSTON
2. Update on Flood Plain Ordinance.
3. Eden Prairie PIan Amendnent.
4. Rural Area Development - 2l acre nininum lot size.
ANOURN}IENT
7:10 P.lil.
7 ..20 P ,tr.
7:30 P.M.
7:40 P.t{.
7:50 P.M.
File
CITY OF
CH[NIIISSEN
690 COULTER DRIVE. PO. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. F4X (612) 937-5739 1' ' r'. .,-
-'/ .b4-/-'
}.TEMORANDIJ}.{
TO:
FRO}I:
DATE:
SU&T:
f,
Planning Conmission
Sharnin AI-Jaff, Planner I
Decenber 3, 1990
Zoning Ordinance Amendment toAppeal fron Decisions of the
Appeals
Amend Section 2o-29 (d),
Board of Adjustments and
Currently, the Zoning Ordinance allorrs anybody who is aggrieved bythe approval of a variance to appeat the decision of the Board oiAdjustnrents and Appeals to the Ci.ty Council by filing an appealwith the Zoning Adninistrator within 10 days after the date oi tfreBoard decision. The applicant would then have to appear in frontof the city Council. This procedure lrould cause i delay of onemonth. ff the time period to appeal decision of the B6ard waschanged from 10 days to 4 days, the delay for the applicant lrouldonly be two weeks as staff hrould be abLe to schedule -the hearing onthe fo11owing city Council agenda. The existing 10 day peiioarequirenent is not established under state statutes U-ut
- is arequirement of the Zoning Ordinance. I{e believe the 4 day $raitsti11 .provides anple opportunity for appealing Board decisitns.Planning staff has discussed this ilsue wittr the Board ofAdjustrnents and Appeals and the Board was very receptive of thisamendrnent.
RECOMMENDATION
Staff is reconmending that sectionthe appeal tine period fron 10Attachnent #3.
20-29 (d) be anendeddays to 4 days as
to change
sho$/n on
l-
2
3
ATTACHMENTS
Memo fron Don Ashworth dated Novenber 1,current ordinance.
Proposed Zoning Ordinance Amendment.
1990.
,r-3_-??'-
/?-.tL'-?.o.-
CII[NH[ESEI'I
MEMORANDUM
TO: Pad Krauss, Phnning Dlrector
FROM: Don Ashworth, CltY Manager
DATE: No/ember 1, 1990
SUBJ: Ten Day Appeal Period, Board ot Adiusiments and Appeals
pursuant to my discussion with you and Jo Ann, I have contacted Roger Knutson regarding the Board of
Review appeal tim e frame/process. Our discussion.€ /eald thal an apdicant apdying in late September
would not'have, through the public hearing/ advertlsement requirement process, had that application
considered until the November 19th Board meeting date. Whh the appeal procsss currendy equalling ten
working days, the applicant would be delayed to December 3rd. lt the protest were received on December
3rd, su-ch would be'given to lGren for publication. ln this instance, submlt{ing such on December gth lor
publication on Oecembe|l4th would be of no avafl as Oecember 10th would have already occurred.
iccordingly, lGren would instead submit for publication on January 4th, publish January gth, for
considerition on January 14th - all of which producing a signltlcant delay for an applicant who had originally
sfand the process in late September (a 3 mor h wait not considering improbaue winter construction for
his new add'ition). My guess ii that the applicant would rather have waited the 3-4 hours on November 1gth
to know that he could or could not build his addition.
The ten day requirement is not estauished under state statute, but is solely encompassed in our local
ordinance. hoger suggested changing such to four days as every appeal that we have ever had has always
come on the night thatlhe item is considered by the Board. The four day allowance would mean that Karen
woutd know Oy FrirJay wnether to puuish ln the fdlowing week's edition of the Mllager. This would mean
that the appticant couid be heard by the City Council within two weeks of being heard by the Board. Roger
is also suggesting that the Board cf Adiusfment items not be shoivn on the City Council agenda on the
evening hJird Uy tne goard of Miustments ard Appeals, btrt ody be shown on Council agendas after the
appeat-has been received. A draft ordinance amendmenl addresslng those issues ls being prepared and
witi be tonrvarded to your office as soon as possible. I will assume that you will b€ Presenting this lo both
the Board and Council as a plannlng itsm
CITY OF
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
r
i
Ir
rtI ,,,.-I
,-_-ZONING 120!29
(2) To hear rcquesta for variancea 6roo the pnovieions of the c.hapter.
(Ord. No. EO, Art. m, I 1, 12-15€6)
&ate law reference-Board of a{iustmeat sad apFals, M.S. ! a62.3S4, subd 2.
8ec. lXt 29. Varlarcer gcaerrtly url ryjedc.
(D E@rW. Upon t.he fili.g 6f al eppeal o epplication fo yarielce, the zoaiag atDiais"
t?tor rhrll set a time and pldce fc a heariag befce tte bocrd da4iuctneats aad appeals ou
auch appeal or application, which heariag ehall be held witlia thity (80) ilays after the Gli.g
of aaid appeal or application. At the heariag t.he board ahall hear euch peraoas as riah to be
heard, either ia persoa or by attaraey c ageal Notice ofsuch beariag lhalt be railed aot less
ahrn t21 (!Q) t6yc before the alate of heariag to tle pereoa wbo filed the appeal o .Dplicatioa
for variance, an4 ia the care d an application fc varirace, to each owuer dprqerty rituated
wholly ot partially *ithia five hunrbsd 600) feet of ttre property to rhic.h the reriauce
applicatioa relate.s. The raraeg and !ddre80€3 d suctr orDcrs rhall be &teraiued by the
. aoniag administrator frou records provided by the applicaat.
\c) D*bbtu of the furd. lte board rhcU be eaporelld to decide qpeale ead graat
variaaces oaly wheu the decisioa d tle board ie \r a "'.'nirr.ous vote. A aimple rqprity vote
or split vote by t'he boord shall eerve oaly as a recorureuilatiou to the city council, rho ehall
theu male the 6nal deteraiaation oa the appeal 6 yarisDce request si+Lin thitty (90) &y8
after receipt d tle board'a ection The board rhall act upou ell tpealr aad variaace rcque61s
within fifteea (16) ilays after the date of the clae d the reeuired herdog.
Qt Appeat fmm dccbbtu of M. Aay peraou qgriev.d by ery decieioa dthe boaril,' iacluiling the applicant c eay pere! orrilg pmpgty or teeirring rithia 6ve hundred (800)
feet of the property to whietr a variancc rpplication lelatea, uay appeal ane,h decirioa to tre
city couacil by filiry an appeal rith thc zoaiag rilhirirh.atorr' silfij tea (10) &yr tftrr the
dEt€ of the bosrt'a ileisiou- rbe proccdure guycrailg eppesb to the board rhelt abo govera
appeala to the city ouacil.
(e) @utuil a(,b'^ By D{icity Ttte, t}r city couacil any rcvoe, elEro c nodifr,
*holly or partly, the decirion appealed frora tLc board, end to'het cod ttre city couDcil Bhrll
have all the po*cra of tbe board. Ihe coucil rhall decide all rpperle ritlia tlirty (90) .t yt
aftcr the ilate of tbe rcquircd heeriDg tLE@-
$) Aa;bn wialrclut decbbn If ao ilecisioa L Eeotoitt d by tbe board to t.he city couacil
dr}in sirtJr (60) days froa tic ilate ea rppeel c vlrisDce rrqueet ir 6led rith thc Duirg
3rlrrinittsator, $s coolcil uay tele ection oa the rcqu6t, i! rccordaace ritl the roccdur,ea
goveraing the board, rithout firrther araitiag tbe boalil'a deciriou-
(OraI. No. E0, An. IIL ! 1(&1-(D{O, O), r2lffi)
&ate lew rcfereaoe-Appeale aad adiuchcats, U.S. ! a62.85?, rubll 6.
1169
_(
(d Fornf'fee Appealg a.ud applicatious for variencea lhall bc 6led sith tLe zoaing
ailminigtrstor oa preacribed foros. A fee, as eetablished by the city council, $all be paid upon
the frliag of an applicetion. lhe board of a{iustoents aud appeals uay waive tLe applicatioa
fee ia unusurl cirsumstEDces.
(
CAMPBELL, KNUTSON,& FUCHS, P.A.
Attomeys at Law
Novenber 2, l99O
*FCFIUED
NCii 0 5 1990
Ltir vr vnAIIFIASSEN
(6t21 456.9539
Fax (612\ 456.9542
Thomas J. Campbell
Roger N. Knutvrn
Thomas M. Scott
Gary G. Fuchs
James R Valsron
Elliott B Knetsch
Crregory D. Lewis
&nnis J. Unger
/-^)5/ - Atl--t--t
[,tt- -- A
l{r. Don Ashworth
Chanhassen City Ha1I
590 Coulter Drive, Box 147
chanhassen, Hinnesota 55317
tt <.,^." --J' ^ ,/
J;tc,-trt.;'s.
RE Variances -Appeal frorn Decisions of Board
Dear Don:
Enclosed please find ordinance amending the city code
concerning appeal fron decisions of the Board on variances.
very truly yours,
LL soN , scoTT
Roger N. I(nutson
RNK: srn
Enclosure
cc: Paul Krauss
Yankee Square Office III . Suite 202 . 3460 \Uashington Drire . Eagan, MN 55122
CITY OF CITANIIAS SEN
CARVER AND HENNEPIN COI'NTIES, XINT{ESOTA
III ORDININCE I.}iENDIIIG CEAPTER 2 O OP
rEE CEANEASSEX CrAy OODE, lrEE EONTXG
oRDININCE, COIICERIIIXG YTAIIIICES
The City Council of the City of Chanhassen ordains:
SectioD 1.Section 20-29 (d,) of the Chanhassen City Code is
amended to read:
(d) App€al Fron DecigioDs of Boaral. A City Council
nember, the applicant, or any person owning property orresiding Lrithin five hundred (500) feet of the property torrhich a variance application relates, nay appeal suchdecision to the City council by filing an appeal with the
Zoning Adninistrator within four (4) days after the date ofthe Boardrs decision.
Soction 2. This ordinance shall be effective inrnediate 1y
upon its passage and pubtication.
PASSED AND ADOPTED by the Chanhassen City Council this _
day of , l9-.
ATTEST:
Don Ashworth, Clerk/I{anager Donald J. Chrniel, Mayor
(Published in the Chanhassen Villager on , 19-. )
11/02/90
oRDINANCE NO. _
CHAh}IASSEN PI-AI*{II{G COIfi ISSI(}I
REGU-AR }GETING
M)lrElGER 2A, 1990
Vice Chairman Erhart called the m€€ting to order at 7:4O p.m. .
Tim Erhart, Brian Batz I i;lEltBERS PRESENT: Steve Emmings, Annette EIlson,
and Joan Ahrens
STAFF PRESENT: PauI Kreuss, Planning Director; Jo Ann Olsen, Senior
Planner and Sharmin Al-Jaff, Planner 1
itEltBERS ABSENT: Jim l.lildermuth and Ladd Conrad
R'ALIC }EARING:
CONDITIONAL I,,SE PERIIIT AIIEIIIDI.IENT AIIEITDING T}E FEITICE I.EIGHT FRO}I THE
APPROVED 8 FEET TO 15 FEET IT{ TTE REAR AIIO SID€ YARDS OT{ PROPERTY ZOT{ED IOP
AND LOCATED AT 7851 PARK DRIVE. LAKES}ORE EOT'IP}IENT. STEVE I.IILLETTE.
Sharmin AI-Jaff pres€nted the staff report on lhis item. Vice ChairmanErhart called the public hearing to ord€r.
St€ve Hillette: Yes, I'd like to sp6ak on my behalf. I also have somethings I'd like to show you. I don't knot what our problem is uith thestaff but I've taken photographs uith scales and I'm kind of ticked off atthe report. To say the least and I'II pass those around. That is a tapemeasure. That is with my arm protected, I feet in the air. I can touch an8 foot hish ceilins. I cannot touch a 9 foot hish ceiling. That's thehighest stack of docks in the entire yard. Thls is the panoramic view ofthe entire yard. I do not stack things over 8 feet. Okay? I'd also liketo show you what it looks like from the highway side. I'm shooting intothe sun so I didn't get a real good picture but if I go back down to an Ifoot hish fence, because of the 22 fooL difference in elevation, you willIook deadly into this off of TH 5. You're going to see aII my docksstacked up and I don't t.hink that it would look very nice. So I went to 15feet. As far as the way the fence looks, the definition between a fenceand a waII. I know we can 90 as hieh as we Hant with Halls. tt€ can put
building heights at whatever we hrant to. .My building's 22 feeL. I don'tthink that the height should be the deterrent. If iL's not properly
constructed... This is also the side from the road going by. This is fromthe building down below. This is the entrance area in front of thebuilding where it enters. This is the corner as you drive auay and theseare the two road sites from down on the industrial park road. First of aIIthe staff report is totally lrong. I do not and have not stacked materialsover I fee! high. If you ask your staff they will tell you because Italked to them about it tonight. They will tell you that they did not
meesure the sLacks. They just eyeballed it. I mean we did a lhorough Job.Lle're making a recommendation to disapprove it with the thorough job of.-.
|.ly product is at 8 feet hish. From the ground up. The difference is the
22 feet. I think uhen we originally went through this back in 1984, Ithink we had no idea of the difference in elevation and nobody thoughtabout it from the highway. I do feel thst it should be totall.y screened. Idon't feel that it r,rould look good if I brought it drop it back dob,n to 8feet and stack my product to 8 feet high. I wiII do that if you trould likebut you will see everything Lhat's in my yard including when you get up towithin 20 feet of the front part of the fence looking in from the back sideyou can see a pair of sneakers Bitting on the ground because you can see
Planning
November
Commission24, t99O -
Heet i ns
Page 2
the ground very clearly if we went back down to I feet. Okav? I have
planted trees around there. There had been a couPle Iost along the road
end that I do intend to rePlace. I'm the largest dock and boat lift dealer
in the entire nation. I've got a nice looking Place. I want to keep it
looking nice. tlhen the Pine trees grow uP, you will not even notice the
fence because they'II totally screen iL. You'II see along the whole edge
of the fence with the exception of the backside where I lost a couPle, that -aS Soon as those pine trees grow uP it will cover Lhe fence. As far as the
acsthetics of the fence, the onlv thing that I find not eye aPPealing at
this point is Lhe fact that there,s some new lumber and some old lumber in -there. I talked to city sLaff. The building insPector, Ron. Asked him if
I should paint the fence or if he thought I should let it go natural
because sometimes natural doesn't stick out as much as if you Paint
something. He said Iet it go natural so part of it's natural. And as soon -
as the new cedar catches uP to the natural look and gets back to all
blend, I don't think it wiII be a bad looking Piece' The other thing is
when the pine trees come uP, that's going to cover it. As far as the
differences in the boards, r^le did go a board on board in a certain section
of it. Because of the height of it, we hrent to 6 x 6 or I x I Posts in
there now so it's not going to blow down again but we also Put some board
on board just to let some wind flow through the fence because uhen vou
erect a fence that LaII, there could be a possibilitv of the wind noL
getting through. They are brace back. It's a very sound fence. It's not
going to blow down again. tle do Plan on maintaining it and I just don't
iee anything b,rong with it. I've gotten a lot of compliments on the fence
because it Iooks so nice because it's all cedar. People say wot'r. You
built that all out of cedar. That's really nice- It's a nice Iookins -fence because they can't believe that we sPent the money to do thaL. I'd
sure like to be able to u,ork it ouL and be able to do mv business in town
and I'm in the industrial Park because that's where you PeoPIe wanted me.
yins. I'm trying to keeP evervthing covered Iike we talked about-
BiIl Boyt's things ulhen the City Council aPProved it' and it never
to the Minutes. I thousht it did but if vou ask BilI or anvbodv that
ere, they uere saying well the heisht of a commercial fence is not
ggest issue. TotalIy screening the Product is the biggest issue. I
everal other things that if it does not get aPProved, that I mean
very, very obvious things that haPPened or that are going on within the
city. tle've got stuff sittins outside that thev didn't even bother trving
to screen. I'm putting forth an effort and I can't understand that we're
going to have a big issue over this. Do you have any questions?
Emmings: can I ask a question?
ErharL: Sure.
Emmings: Thc fence is the height it is for u,hat reason?
Steve tlillette: Oue to Lhe 22 foot difference in the elevation of our
highway. You sit in a car you're uP another 2 or 3 feet than you're
looking right dou,n into my storage yard which is at 22 feet louer than the
highway is.
Emmings: okay, so you built it at that height to acreen urhat's in the
yard?
I'm tr
One ofgot in
was !h
the bi
have s
Planning Commission
November 2A, L99O -
l.leet i ng
Page 3
Steve l^,illette: To totally screen whaL's in the yard.
Emmings: An), other reason that it's that height?
Steve t,lillette: No. t just feel that it should be blocked off so thatpeople can't see it. I mean a 8 foot high fence is fine by me but you'regoing to be able to see in my yard and so it's a Catch 22. You say okay,fully screen everything but then build an 8 foot high fence with a 22 fooLdifference in elevation. Nobody caughL it aII th€ uay through the urhole
Planning Commission thing Iast time or through the City Council thing Iasttime and nour I'm stuck. I can't 9o and brins 22 feet of earLh in becauseI'd have to reise my building too and that's impossible.
Emmings: Right. Thank you.
Erhart: Is there any other comment from the publ ic?
tho public hcaring. All voted in, Emmines noved, EIlBon sccondcd to closefavor and the notion carried- The publ ic hcar l ngl xa8 cloacd-
ErharL: t|hy don't we just open it up to any commi.ssioner's comments orquestions. l.re won't necessarily go in order.
Emmings: I'v€ got some. He's just explained to us why he thinks it's agood idea to have it at 15 feet and I'd like to get some staff reaction tothat, Do you think that a 15 foot high fence does a bett€r job ofscreening from the highway of his yard? tlc obviously, when we looked atthe site plan we wanted screening of that yard. tlhat's your response orreaction to that?
Krausa: tlell a couple things. TH 5 is, you know there is a visibilityfactor from there but it's also quit€ a distance away. It's not as thoughthe hiehway runs right adjacent to his fence line. In Iooking at it at anangle past another site, it's kind of down in a vallc)2. tle'd prefer to
have this concealed. You know the elevation of TH 5 hasn't changed.I mean TH 5 is where it's been for quite some time so this should come as
no surprise. I think the magnitude of what's out there comes as a surprise
and you know had, and I can't put words in people's mouths uho revieuedthis thing 2 oy 3 ycars ago but I think if I were in their shoes, had we
been aware of the magnitude of Hhat's being proposed there, we would havegone about this differently. I don't view a 15 foot hish L,ood fence as theappropriate way to screen something of that size. If it was really going
to be that visible and it uras really going to be that bie of an issue, you
might have looked at extending the masonry ualI or doing something else or
even question whether or not that's a valid use. I mean the yard seems to
be bigger than the building is. tle do have, there's no question we do have
some other outdoor storage situations in the city that have causedproblems. Some are being acted upon nou. Some ar€ uaiLing until we get a
new shopping center built and tenants are moving in there. We are takinsthe bull by the horns on that issue but r.rhat's different here is we have arelatively new project that was approved with specific conditions and alIof a sudden the ground rules changed and h,e never auLhorized that.
Emmings: Have there been any complaints from any of his neighbors down in
the business park or anybody in the business Park?
Krauss: I'm not aware of any. This was basically found, you know we are
now doing annual revieus of conditional use Permits. This was uncovered
during the review.
Emmings: I don't have anything else right now.
Erhart: Steve, do you have a comment?
St6ve lrillette: Yeah. ...talking about a review of the conditional usepermit... This is not an accurate rePort and you're not getting the facts.
Because my fence blew douln...I talked !o Steve Kirchman and asked if
I should get a building permit to rebuild the fence. ...rebuild the fence.
It was on final approval of Lhe buildins Permit...not ali. on the annual
review so don't say things that aren't fact. And I cannot understand where-
you're coming from. I don't knou where a cement wall is going to look any
different than a.
Erhart; I don't think it makes any difference
discovered this.
on when, on how ue
Erhart: Any other commissioners have any questions or comments?
EIIson: There's never been a Precedence where we've had a higher Ievel on
the fence before has there? I mean Jo Ann, you've probably been around
Ionger. If the whole idea was to scre€n it, I mean I can't see that He
could alurays screen from the highest Point. In this case it's TH 5 but if
that was the main intent, have u,e ever done that before because thaL was
the main intent previously. I mean has there ever been a Precedence trhere
we said ueII screening's the most important thing so ue'II 9o against the
standard I foot because that's basically the Premise that Ne're kind of
deciding here.
Olsen: I can't recall. It seoms like at one Point we...1O foot...
Steve tliIletLe: Yeah, it was 10 or L2.
had the neh, fence ordinancc that limited it to 8olsen: That was before wer{ithout getting a permit.
Steve ]^Jillette: tlhen...originally aPProved it it was at 12 feet even
though we had 8 fee! in the condition...I said should I totallv screen it
and move it up a little bit so lre totallv screen.
Erhart: PauI, let me help him there. Let me get that straight. tlhen we
approved this conditional use, h,6 aPProved an 8 foot fence and now you're
saying that the building insPector.
Steve ].li I I ette: Ron, yeah.
Planning Commission l.'leet i ng
November 2A, 7990 - Page 4
steve t^lillette: It,s just all the facts aII the way through. I don't know-
what a cement wall is going to do versus the wood wall.
Planning Commission
November 2A, 1990 -
MeeL i ng
Page 5
Erhart: Said to go ahead and build it at 12?
Steve t,illette: tJhen I told him we u,ere buildins the project he said,it up high enough so you can screen it and also for the final approval
had the building, or the Planning Commission staff plus the buildinsinspector on the final approval and it was at 12 feet at that time. Iraised it up 3 feet...
Erhart: t^lho at staf f was with you at
Put
we
that time?
but to be honest I didn't measure itolsen: I was on the finalthen. The condition was I i nspect i on
foot . . .
Steve t,lillette: l"las it atrocious at that point Jo Ann?
OIsen: No.
Steve tlillette: It didn't look bad then? So if it didn't look bad at 12feet, uhen I raised it 3 feet..-
Erhart: Brian, did you have something?
Batzli: Yeah, I uas going to ask PauI something. Given the difference inelevation, can they put fence screen of this particular yard if he didn,t
have things stacked so high? I mean when I Iooked at it, it looked to me,with the addition on there I can't really tell what I would have been ableto see uithout the top part on there but would an 8 foot fence really beeffective at screening anythi ng?
Krruss: Probably not but arguably a 15 foot highmuch. tlell, that comes closer to it. You've got
elevation from the highway.
fence doasn'L doa 15 foot change
tha tin
BatzIi: Yeah.
Krauss: From the storage yard.
Batzli: But I guess, I kind of picture the applicant in a catch 22 here
because no matter who utilizes this storage area, they're not 9oin9 to be
able to screen it from this particular angle with an 8 foot high fence.
Krauss: Probably true.
Ahrens: Does the City really have a problem Hith the 8 foot high fence or
with th€ inadequate screening or both? I m6an I heard Sharmin, Sharmin
didn't you say earlier that perhaps a 15 foot fcnce would be acceptable if
the scroening t,ras adequate? So if ue Ieft thc fence up, w€'re talking
about the adequacy then of the screening which seems to be inadequate from
the pictures that you provided. I realize you 've planted pine trees but
the pine trees r.rill take 10 or 15 years to scre€n that kind of a fence. Ifthe screening was. . .
BatzIi: Plant Russian OIives in the m€antime?
Planning
Novembe r
commission28, 1990 -
l.leet i ng
Page 6
Krauss: l.lell I guess, I keeP coming back to the ground rules changed-
I mean, we just went through the t'lcGlynn's aPProval where they had that
huge blank waII and lold them to do someching uith that. t^le knew what He
were dealins with. We asked them to resPond to it. Thev resPonded with a
series of earth berms urith a lot of landscaping that broke uP the massing-
It uras a solution that was accePtable to everybodv. You know 6 foot high
trees are the minimum required by ordinance. You can Put a 15 foot high
tree and ue don't penalize you by it. t,hen vou are trving to achieve
screening, if you're trying to screen an 8 foo! high fence' a 6 foot high
tree is just dandy. If you know ahead of time you're dealing with a 15
foot. hish structure, you might think differentlv of doing that - ['le now
have the 15 fooL high structure- tle don't have the screening to match.
Ahrens: I agree that the screening isn't adequate. I don't see Lhat
part of this is screened or uiII be screened for a long time. And it
Iook Iike the fence sections are of a different tvpe. It doesn't look
it's aII the same fence at aII.
any
doesIike
Steve tlillette: It's board on
wind out where we took and PutstiII totally opaque.
board on portions uhere
a board on one side and
ue're letting the
board. . .but it 's
Al-Jaff: At the same time it states that the fence mav not exceed 8 feet.
Emmings: Rieht. I guess I'm having trouble with this. l.le did uanL
screening and he's done that. In fact if he'd done what we required him to
do he wouldn't have accomplished that. r also notice in our fence
ordinance it says that we've got a maximum height of 8 feet on fences but
you can 90 over that if you get a conditional use Permit so certainly our
ordinance comtemplates sometimes using taller fences. I think the staff
report, and r don't mean to be critical but vou knou from the tenor of the
conversation between the staff and the aPPIicant here, and really the
report kind of feels the same uay. There's some real unPleasantness here
and r don't care how it started or anything else but it seems like vou
folks have gotten crosswise ulith each other and I don't think I agree with'
I think what we have to do is stoP and look at what we're trying to
accomplish. It,s true lhat he violated the height limit of the ordinance.
Steve tlillette: ...I planted 6 foot 6 trees when I Planted mv trees and
that was according to ordinance. That's trhat thev requested. That's tlhats
I've done. I've done everything. The only issue that I'm faced with right
now is that I'm supposed to totally screen everything but I'm supPosed to
do it with an I foot high fence and with l-he 22 foot that nobodv ever
thought about, I didn't think abouL it or anything. If vou uant it at 8
feet. I'Il put it aL I feet.
Ahrens: I'm not sure you can even adequately screen a 15 foot high fence.
Emmings: I have a question here. I'm getting a littLe confused about,
we've got a fence to screen the yard and then w6've got trees to screen the-
fence so we've got but trhen I ]ook back at uhat ue did when we aPProved the
site plan, the conditional use permit, it says aII items stored ln the
outdoor storage area must be totally screened. l.lhat needs to be screened
is Lhe items in the yard. Is that right? Okav.
mean that people could stack things 40 feet high andallowed to just keep screening it as far as, I meanthinEs forever.
He didn't have a permit to build the fence he build and my reaction uouldbe generally to that uould be to say cut lt down and geL back within theordinance. But the way this has come before us is he is applying for aconditional use permit to have the higher fence that exists. So I don't.think it's exactly fair to him to say we told you you should have an I foot
fence and nou, you're asking for a 15 foot fence. I don't think that's a
reason to deny it.
Batzli: I agree and I also think we have to ]ook at, if there are special
circumstances on this particular lot because of the heisht differential
between the road, that may be I'm thinking more of kind of a variance
reasons peculiar to that particular Iot but in this case, that may be a
reason to look at conditional use to have the higher fence. I don't knou,if I particularly Iike this fence but if the intent is to screen objectsinside the yard, I think the only way you're going to accomplish it is togive them more height on iL.
Emmings: And that clearly was the intent. l^lhen you read the condition itjust says aII items stored in the outdoor storage area must be totallyscreened. So that was the intent and it says no stored items shall project
over the fence and that's going to happen.
Ahrens: Does thatthat they would bepeople could stac k
Emmings: No they can't because if they go over 8 feet r"rith their fence.
They can't have the things stacked higher than the fence.
Ellson: Right. But could you stack 2 feet is what she's saying with an 8foot fence? You could have your things stacked at 2 feet and have an Ifoot fence and would Lhat be screened, I don't knou,
Ahrens: No, but what if they, what u,as approved was an I foot fence. They
had things sLacked aL 12 f6et or 15 feet and they needed to screen that.
Emmings: t,lell, how do we know that? tJe don't.
Ahrens: l.lell because it's obvious by the fence that things are stacked upawfully close to the top of the fencc.
Emmings: Oh, okay. The condition r.las that no stored items shall project
over the fence. So and what he's in here now is doine is to ask us for apermit for a fence that's higher than anything that's stored in there butI guess the point to me is, I don't think the fence looks good in thepicturo. I do think it will look better when it Heathers and obviously
when the trees grow and maybe he needs some mor6 trees- But it gets hard
because the staff and the applicant aren't cooperaLing to find some kind ofa compromise and maybe that's what lre have to do.
Ahrens: I guess I don't understand also wher€ the limits are on thesefence. I meen you know are people able to come in for a certain permit.
cet approval for it and then just build a fence as high as they want andthen come in under a condiLional use permit and then.
Planning Commission Meet i ng
November 28, 1990 - Page 7
Planning
November
Commission24, 7990 -Meet i ng
Page I
Emmings: This is an amendment of his conditional use. He's asking to
amend that element and yeah, he's doing it after the fact and that alwavs
predisposes you to kind of use a knee jerk and say, you knou take it down
and then come back and then we'll give vou Permission to put it uP and I
don't want to do that.
Ahrens: t^lell I agree. I mean that's ri.diculous reasoning but you know I
think that I don't understand how we set limits in Preventing unsightlv
fences in Chanhassen that are even higher to screen storage yards -
Emmings: tlel I hopeful ly
we didn't.
you do a good job the first time around and mavbe
Batzli: Ipictures,
think for
things.
guess in this case I see your Point but in looking at the
if this is Lhe typical way that he has things sLored' I don't
the kind of business he's in that he has unreasonable piles of
Ahrens: r.lel I I 'm not sayi ng him . I
Lhe future, whaE are we going to do?
how we're reasoning this out . li,e're
m sayingI don 'tjust ki nd
uhen things come
any guidelines I
up inguess in -
that
seeof.
Emmings: Yeah. It's hard.
EIIson: l.lhat keeps going through my mind is maybe we were wrong because we
didn't notice the elevations. That there is no such thing as making it
total.ly screened. I'm thinking if ue make the Precedence that things have -to be totally screened, ue could end up based on the highest level that any
neighbor might be, for heaven's sakes ue'I] end up with you know,22 foot
screens because there's somebody wlthin a bird's eye view Lhat's going to
see it. And I don'L knou, that all along that highwav 5' I mean if anv area
wanted to see that, that's Probablv the least harming to PeoPIe versus
neighbors that don't like to see into things like that. I'm more concerned
that ue were wrong in saying that everything has to be Lotally screened and-
making the assumption that it's from aII angles. In general ' do the best
you can with 8 feet is about uhat it came out as and so it aII can't be
screened. I can Iive with that but I'm more concerned that if ue go
totally screened, then we're going to be asking People !o screen for aII
kinds of neighbors in the future and everythins like that and ue']I end uP
with really high fences and building extra berms iust because of the
topography. So f'a just as soon give uP on some of the seeing it from TH
5. I could live with that is what I'm saving.
Erhart: Sharmin or PauI, is the fence strong enough? Did you see it
today?
Krauss:is over
does .
Erhart:
The bui ldi ng
5 foot it has
i nspectorsto qua I ify have told us that it is and when a fence
under separate standards and apparenlly it
Al-Jaff:
okay. Js it going to stay vertical?
IL's up to Code. It meets aII Code.
Planni ng
November
Comm ission24, t990 -
t.leet i ng
Page 9
Erhart: Is there an
Krauss: Yeah.
requirements.
Over
actual Code
a height it
for a fence?
has to meet wind loading and some other
Erhart: Okay. did it not before? That it blew down.
Krauss: I don't know.
Steve tJillette: ].Je had a high wind storm that took off the air conditioner
screens and everyLhlng else. It uas just a straight line wind that came
through and just did a little path. l.le also had a lot of dock and boatIift damage out on the lake. It feII some trees...storm.
Erhart: tJhat's going to keep this fence from starting over the years tostart leaning one way and the other?
Steve t"Jillette: It's braced back. It's a good brace back and the insideof it is 5 x 6 in a lot of areas.
Erhart: My concern about the fence is )zou know, Iet's assume it's strong
enough for urind but fences tend over the years to get to Iook really tacky
and if you think it looks bad now, which I guess I drive by it every day.I guess I don'L think it looks all that bad now but I guarantee you in 10years it's going to Iook like a pile of garbage and I guess I tend to
agree.
Erhart: tJith Joan is what you need here is a lot moreyears you Hon't see the fence at aII. It really won'tdifference if it's there or not. I also agree that we
do we have ordinances that deal with use of fences for
[.le have an ordinance that talks about a fence.
Emmings: No, it's right here.
Erhart: For the purpose of screening though?
screening.Emmi ngs: Yeah. Fences for
Erhart: t^lhat does it say?
Emmings: Fences for screening or
used for commercial or industrial storage purposes installed on property
uses may have a maximum height of I feet.
Erhart: Okay.
Emmings: And then it goes on to talk about uhen they abut properties zonedfor residential uses and then it says the fence has to be 1OO? opaque. Andthen it says commercial or industrial. fences over 8 feet shall require aconditional use permit. It also says under an earlier point by the waythat every fence shall be maintained in such condition as to not become ahazard, eyesore or public or private nuisance.
Ellson: Then your pine tree uiII be there.
trees that in 10
make a 1ot of
ought to, you know
screening purposes?
Erhart: Boy, I think we ought to look at that. Even in a commercial or
industrial area, it would seem to me that uhen ue look at a mini-storage
building and ue don't allour them to put uP wood fences around the storage
area. They put masonary fences up. It t{ould seem to me a commercial-
industrial area that if we're going to use fences for screening, we ought
to define what's the better Iooking material is going forward but on this
particular one I tend to agree that we should keep what we've got. I
really think we ought to 9o in and uhat do you say the disLance between
those trees now is what?
Steve tlillette: t^le did. tle went up and down the hill and they're about 11-
feet. At maturity they'lI reach 10 foot and there is a couPle of areas
where ue skipped so i! wasn't solid aII the uav along because the idea of
the trees was to break the fence uP and not to totally screen the fence
because we were iust going to screen the drive with the fence and to be
honest uith you Tim, I've got $35,OOO.OO into this fence... It's a lot of
cedar and I'II do uhatever you want to make it look, I uant it to look nice
too. I Nant to maintain it. I want to be in Chanhassen. I made that
clear to evervbodv. r like tha communit)r. r like being here. r've sPent
a lot of money on advertisinE over the years to be here. I've got a
business. l"ly stuff is not stacked over I foot high in the fence. I've
shown you that in the pictures. You're welcome to come over and visit.
The front parL of the fence is not much over 8 feet going across Ehe drive
area. Going across the back and down...
Erhart: okay, I think we've got a PreLtv good idea.
readily.Steve tJillette: And you will see in there verv
I feet, it wiII be an eyesore.
If you go douln to-
Erhart: Yeah, the pictures teII tha storv real ueII. The other thing' I
think we should put someLhing in here which restricts additional height on
the fence. Now there's some ideas I've gotten. Some of the other, since
ue've been essantially just going around here, is there some other
recommendations so u,e can lead to some kind of motion?
EIIson: I would think go down to the 8 feet until you've got a section
that you can see into and it's from TH 5. I just think from a Precedence
standpoint, there's probably going to be more than one situation where you
can't possibly total.Iy screen. I'm thinking of that shopping center. That
time when people were trying to m€asure from their decks. They didn't Hant
to see the roof of the shopping center and they were trying !o build berms
so that people uho were on their decks couldn't see and I iust think that's
going above and beyond totally screening. There are times when you can't
do ii at aII and 8 feet is somethins that we've got in the ordinance and I
Planning Commission Heeting
November 2A, 7990 - Page 10
Steve t,illette: They're about, well they're Planted as close together as
they can to let them grow because when the landscaPers Put them in they
said this is how far aPart they have to be. If vou Put them in closer
togeLher or.. .tangle together and look Iike that so this is uhere the
landscapers said that they should be.
Erhart: They don't look that close to me and also, I guess what I was
going to suggest to alternate them in a zig zag Pattern.
PIanni n9
November
Commission
2A, 1990 -
Meet i ng
Page 11
think it's easy to follow and I don'tprobably not even keep it xhere it is thi nkrd it 's ago the
problem so8 feet and
I would
Ieave it.
Erhart: okay. Brian, what's your rocommendation?
Batzli: Hy recommendation is to give him a conditional use for his 15
fence based again on the differences in elevation that he's trying to
with and that's assuming that tre trant it to be screened and that's
important to us. I mean that's the underlying hypothesis here is that
want it to be screened.
foot
dea I
ure
Ellson: Totally. I mean because some of it is I think.
Erhart: Joan, do you have a recommendation?
Ahrens: tlell, I guess I'm not sure that it looks any better to have a 15foot high fence that is not particularly great looking than to have
something showing from above the fence. To have the I foot high fence and
then to have somethings behind it that you can see. I mean I don't thinkthat that looks any worse and I think it probably woul.d look better to have
an I foot high fence than to have some, be able to ses what's behind that.
However, I am not enthusiastic about the idea of making him cut the fence
down either. I'm more enthusiastic about having some screening for the
fence but I also, I'm waffling. But I also don't see in the ordinance
where ue have any reguirements to have screening for a fence. I mean that
seems redundant to me. I like the idea but I don't know if we can requirethat. Anyway, I suppose you don't have any idea of what I just said.
Erhart: No.
Steve tlillette: Joan? I'm uill.ing to work with you within reason. I meanI'm not, I just want to get...get on uith my life because this is just...
If it takes a couple extra trees, I'11 put in a couple of trees. That's noproblem at aIl.
Emmings: I'm not concerned about setting a precedent here because I think
this is always done a case by case basis so I'm not worried about every oneof these is different enough so I'm not concerned about thaL. I
essentially agree with Brian that hre should let him do this. I think it
would be a good thing and maybe even a condition that he maybe do a little
more screening right up against the fence. ilaybe some high bush
cranberries or something Iike that that uould just break up that expanse
until those trees get big. Something that could live in shade after those
trees are big. ttould help in the short term. But I don't knou.
I guess I'd like to see them do a little more landscaping.
Erhart: okay, iust to repeat. I think I'd like to leave the fence left.
Make sure it uas solid and to have the applicant work with staff to improve
the landscaping. I think Lhat's also uhat you said Steve so with that, if
there's not any more comments or questions, I'd Iike to entertain a motion.
Ahrens: How about some vines?
Planni ng
November
Commission
24, L990 -
Meet ing
Page 12
Emmings: I'll move that the Planning Commission recommend approval of
Conditional Use Permit S88-17 to apProve a fence r.rith a maximum height of
15 feet being my understanding that it's onl.y 15 feet hish in certain
areas. That's at it's hishest and ue would put one condition on that and
that would be that the applicant work uith the staff to trv and get alittle screening perhaps up close to the fence or some how work out
additions to the landscaPe PIan to break uP the fence a little more.
Screen it a little bit.
BatzIi: Second.
Erhart: Any other discussion on the motion?
Emmings: tlelt I guess in discussion I'd like to say, we're going against
our sLaff's recommendation here and we don't do that very often. And I
don't like to do it. And I guess I don't like the fact that vou didn't
comply with the original conditions of your Permit and that should be said
too here.
Ahrens: Are u,e providing enough direction for staff Steve Nhen u,e say?
Emmings: No, it's real vague but I think that now that Lhe staff knotts
where we're coming from and if the City Council agrees hrith us, I'm sure
they'Il be able to uork it out between them.
Ahrens: But you said just to provide a little bit of screening for that
fsnce .
Emmings: Yeah, I knoh,.
Ahrens: I mean that's not what ue re'ally want is it? hle want a lot of
screening for Lhat fence.
Emmings: I , don't.
Ahrens3 You don 't?
Emmings: No.
Ahrens: I want more than a little bit.
Emminge: I think that staff knows hot* to do that better than I do but my
idea would be to put some clumps of bushes along the fence so that it just
made it Iook a little better but maybe in conments after r.re vote on this,
maybe we should aII say nhat we've got in mind. Our ideas and Iet the City
Council see what they think-
Erhart: Are you inlerested in trying to amend Lhe motion?
Ahrens: No -
ErharE: Any other discussion?
1
Planning Commission Heeting
November 2A, l99O - Page 13
Emmings moved, Batzli second€d that the Planning Commission recommendapproval to amend Conditional Use Perait I8A-17 to approve a fence rith a
naximum height of 15 feet at it'6 hiehest point xith the follosingcondition:
The applicant shall rork rith the staff to get a little ;orc screeningup close to thc fence or sonc horr rork out additions to thc landscapeplan to break up the fencc a little rore-
All voted in favor Gxcept Ellaon rho o{rposcd and thc motion carricd rith avote of 4 to 1-
Erhart: Annette's opposed. Anybody would tant to make some comments? Ofcourse He'II start wiLh you Annette.
Ellson: I just think that it's easy enough to 9o urith just the I foot and
keep it the way it was originally passed.
Erhart: Yeah. I r.rould like to add too that I'd like to see perhaps morescreening Lhan uras communicated in the motion. I think uith the heishL ofthe thing and the time that it's going to take to screen it with the treesthat are there, I realIy think that a bit little more creativity ough! tobe put into this thing and some investment to make it visually betterfaster. So I uould agree with Joan's initial commenL, Do you have any
mor e?
Ahrens: No.
Erhart: okay. Anything else Brian?
Batzli: No. I agree with uhat you jusL said. I think he does have aIarge investment and it wouldn't hurt to break up the fence with morescreening than perhaps a Iittle bit.
Ahrens: Do you want them back?
Steve t,li I lette: No , you can keep them .
PUBLIC HEARING:
SUBDIVISION ORDINANCE A},IENDHENT TO AI{END SECTTON 18-57. STREETS. TO REFLECT
EUERENT CITY STANOAROS FOR RIGHT-OF-I.JAY LIIDTHS, ORIVELIAYS. ETC. ANO }IOOIFY
THE URBAN SERVICE AREA REFERENCES.
Jo Ann Olsen presented the staff report. Vice Chairman Erhart called thepublic hearing to order.
Batzli moved, Ahrens scconded to close thc public hearing. All voted infavor and the motion carried. Thc public hcaring ras closed-
Erhart: A]right. Thank you. Let's see, that r.rill go before the CityCouncil on December 1Oth. Thanks for the photographs.
PIanning
November
Commission
2A, 1990 -
Mee! i ng
Page 14
Erhart: Is there any discussion by any of the commissioners on the
proposed amendment change?
Batzli: She stole your thunder.
Erhart: one of Lhe things that I think that I'd like you just to think
about and it's not a big thing but by doing this essentially you're
increasing the effect of minimum Io! size in the city of chanhassen to
15,5oo feeL. !.that you're doing is you're taking, by increasing the road
width by 5 feet on either side, you take an average Io! of 1oo feet, that's
5 time 1OO, that's 5OO feet so t^,hat you're doing is you're decreasing the
density of our city.
olsen: That isn't changing though. It's just the right-of-way. The
actual width will be...
Erhart: Right-of-way gets excluded from the Iand area that's develoPable-
Krauss: If you've got 10 acres of
effectively as Jo Ann pointed out'past year anyway.
Iand, you're right. . .but
been doing it this way for the
gr oss
we 've
Erhart:
road.
Batzl i :
pave the
BatzIi:the staff
se nse?
Ahrens:
a calculator?Emm i ngs :have toYou
Yeah,
use
ByI do.3 f/22. I certainly have no problem with the
a proponent of open spaces and assuming they're not going to
10 feet, I like this.Being
extra
Emmings: tlel] yeah, you original]y wanted 90 feet.
BatzIi: That's right. Just big green boulevards.
Erhart: I guess if I was getting more open space, I'd rather have it
clumped in a park that somebody could use it I suppose. . .spending any time
on it. Is there any other discussion on it? If not, does somebody L,ant to-
make a mot ion?
f move that the Planningreport to amend Section
Commission adopt a motion
18-57 set forth therein.set forth inthat made
You sound like a Iawyer.
Is there a second?Erhart:
asIf
Ahrens: The }ast sentence of (n) in the, where it says the construction of-private streets are prohibited. It should be an is.
Erhart: I mean you did it and h,e never thought about it. I'm just
pointing ou! to aII the oLher commissioners that effectively are you
reducing the density of your urban area here by 5OO divided by 15,ooO.
PIanning
November
Commission
2A, L990 -
Heet i ng
Page 15
EI Ison: Second .
Eatzli moved, Ellson seconded that the Planning Commission recommend
approval of Subdivision Ordinance Amendmcnt to amend Section 18-5Xb)
and (n) xith the changc in itom (n) changing the sord 'ars' to 'is'- Allvoted in favor and the notion carried unanimously-
APPROVAL OF MINUTES:
Erhart: Anything on theto bring up? Is there a
turo meetings here.
Anybody? Any old business anybody wants
approve the |.,li nr.rtes? I guess we've got
Mi nutes?
motion to
Emmings: We've gotten recent direction that we don't have to do thisanymore. If there are no changes, that they're simply approved as writLen.tle ask for changes and if there aren't any, we just.
Erhart: creat. I'm glad I've been updated.
Erhart: city Council Update. tle'vethat. I think Paul wanLs Lo discussthi ng .
gotten a nice report from Paul ona little bit about the comp plan
Krauss: Let me touch on a couple things if I may Mr. Chairman. ...The
downtoun traffic...did a preliminary report for the City Council at thelast meeting. tle're still in the process of doing some more datacollection and models but they were retained through the HRA late lastspring, or initially when Ne thought Target was a serious proposal but to
examine the dountourn street system and see if it's really going to carry
thyough the future and what sort of design standards we needed. Theirpreliminary indications are, well they're a Iittle bit startling when you
deal with what we have there now. They're telling us that in allprobability we're going to need a four lane section on 78th Streetcertainly west of Harket Blvd. out to CR 17 and that is going to be
designed that Hay. In fact the reali.gnment. . .being designed for that.They're also indicating that it's probable in the long run ue'll probably
need 4 Ianes up to Great Plains Blvd. uhich...configuraLion over there.It's not something we have to run out and do tomorrow and there are goingto be proposals for turn lanes and signalization eL 2 or 3 intersectionswill be needed at some point in the future but they're telling us that inthe long run that that's probably going to occur. So that uas apreliminary report to the City Council and there's a lot more detail thatI'm not going to touch on now but we would be coming back to the HRAcertainly and I believe we could also give a report to the Planning
Commission as to how.that's developing. I think some of you might have
been involved in some of the consideration of downtoh,n street systems sowe'Il keep you posted as to Stragar -Roscoe 's progress but there is going to
Batzli: oh, r.lith the one change, 'are' to 'is'.
Vice Chairman Erhart noted the Minutes of the Planning Commission meetings
dated Octobey 24, 1990 and November 7 , L990 as presented.
CITY COUNCIL UPDATE:
Planning
November
Commission
2A, 7990 -
Meet i ng
Page 16
be, I believe a joint HRA/city Council meoting on this Probably in January
or February at the latest with the final report.
Erhart: How do you visualize making the existing downtown into 4 lanes?
Emmings: Yeah,
Krauss: I don 'thave the benefit
Er hart :
str eet?
Krauss:
xhat 's
knop.of.
caused the crunch?
You know I came into this quite late so I don't
Emmings: tJe're not trying to fix fault here.
Krauss: I don't know if the road design greu, out of thinking that really
didn 't catch up to where dourntown Chanhassen was goi ng or not . l'ly ownperception is that the ring road system was develoPed when Chanhassen
Dinner Theater was downtown Chanhassen. It's easy for me and it's not fair
really for me to come in here in 1990 and say well, I can tell you that
doh,ntor.,n Chanhassen has moved 3 blocks to the west and it's a different
traffic situation. It's clear to me now lhat that probably haPpened. But
again, I don't have 2o-2O hindsieht and all that, that's not a fair
question reall), you know because I don't knou what decisions were made or
r.,hy.
tlho was the consultant that did all of the designing of that
tlas that BRt,l?
I beIieve it r^,as BRtl.
Are they doing any urork for the City now?Erhart:
Krauss: That's real tough. I mean everybody's aware that r.le have
constraining right-of-way. There's realIy not very much to give. There's -
some design flexibility. You can cut down the median a little bit. The
Ianes that uJe have there are 16 foot wide to begin with. They're oversized
Ianes. They're not quite, I mean they're actually r.lide enough for l car ' -if you pul] over, for another car to pass. It's not wide enough for a
truck to go around or anyLhing else. If you shave the median or boulevard
area in some places you pick uP several feet. You can get 20 foot uide
Ianes. If you eliminate the boulevards, you can get vour full 24 fooL
Iane. There's some flexibility there but clearly from the design
standpoint it's been a major imPact. In the more immediate term though
we're probably looking at the need for some turn lanes to be cut in and
they were talking about signals I believe at Laredo, Harket and Great
Plains ultimately. The Council's been graPpling with how to, I'm sureyou're all aware Lhat it's getting very tough to turn, make turns across -traffic on 78th Street. The Council's been looking at trying to get 4 Hav
stops up in the short lerm but iL's really going to come down to
signal ization .
Emmings: Is there just more traffic? I mean why didn't we foresee this do
you think?
Krauss: l.lhy didn 't we?
PIanni ns
November
Commission
24, t990 -
Meet i ng
Page 77
Krauss: Very little. They project management wor k.
for replacing and removing a lot of the
do some
and payErhart: Do they go back inplantings and stuff?
Erhart: Is that complete now?
Krauss: It's my understanding that it is. In fact some of the people onthe City Council got complaints or concerns at Great Plains where 78thStreet was blocked several weeks ago and they were tearing up an existingproject. That t^tas not being paid for by the City. That was remedial workthat the contractor was made to do. In alL fairness to those who made thedecisions before, Iook at the rapidity at Bhich the ciLy's perception onthe comprehensive plan changed. I mean 2 yeays ago you were working onthat comprehensive plan. ReaIIy ue had more land to develop and people in
Timberwood were somewhat comfortable and you know, thinking that thingswouldn't come out that oay for 10 or 15 years. You know, the changes werein the urorks but it really took until 1989-1990 for people to catch up tothat reality and adjust to it. I suspect a Iittle bit of t.he same thing
happened in the downtown street system. You know, we now have the Eastern
Carver County Transportation Study and that's showing some extraordinarilyhigh traffic Ievels that they didn't anticipate when they completed the
work for the TH 5 improvements. tle're going back in there, Gary tJarren isworking r^,ith MnDot on the common section of TH 1O1 and TH 5 telling themthat we've got forecasts that say that there should be 55,OOo trips a dayout there. If what we think is going to happen, happens in Chanhassen,
tJaconia, Chaska, whatever else. Victoria. Out ulest. 55,OOO trips a day is
more than TH 7 is carrying in spots. So the magnitude of the changes.
EIIson: Right. They did the best they could with the information thatsthey had.
Krauss: But anyway, we'II be keeping you posted.
Batzli: I have trouble ulth it because I know u,hen they were talking aboutputting in the first phase of the Professional Building. The Planning
Commission asked if there ulas enough room to put a second lane in and ule
were assured that it was no problem. t"le thought of it, You know,everything's under control and to come out a year and a half later sayingweII geez, it might not fit. That doesn't make much sense.
Krauss: t^lell Lhere is room to put a second Iane in but what gives is themedian... Like I say, we'II keep you posted. Oh, by the Nay, I shouldadd...the City Council members and respective Council members here tonightjust heard but Gary l.larren has submitted his resignation. He's accepted aposition wiLh the MeLropolitan Airport Commission so we'II be Iosing Garyprobably by the end of the year.
Erhart: Hor^, long has Gary been brith us?
4 years. He's really seen the City through some extraordinaryI Lhink his position in the engineering department quite weII.. .
Kr auss :
groHth.
Krauss: Yeah.
Planning
November
Commission
2a,, 1990 -
Meet i ng
Page 18
he's going to be sorely missed. The next item was the Troendle Addition.
The same residents who spoke at the Planning Commission meeting were at the
City Council meeting and raised the similar issues. Again, they weren't
opposing Troendle Addition as such but they uere seekins to have the
connection of Nez Perce taken through to Pleasant View rather than
terminating short term and waiting for the Or.rens ProPerty to develop. In a
somewhat interesting development, Mr. Oh,ens wasn't Present but there was an-
attorney representing Mr. Beddor who apparently has been in contact ulith
Art owens and has explained that the ProPerty's in bankruptcv. He is not
able to seII Iand for right-of-uray right now but he mav be a tlilling' if
the city were to condemn it, that that may be a satisfactory resuLt. Based
on the direction of the Council, the item was continued. [.le've contacted
our attorney to basically investigate if we can condemn the land that's in
bankruplcy and we found that ure can. But more imPortantly is that we're
moving towards selting up a meeting with our staff with the engineer and
the designer of the Troendle Addition, Hr. Beddor's attornev and hoPefuIIv
Mr. owens and whoever else he wants to rePresent him, to go for the City's -goal which appears at this Point to be to get the road completed if
possible at this point in time. So right now we're investigating the
potential of completing the road with the Troendle Addition which from a
traffic standpoint would be great if we can achieve that.
Emmings: But taking it out to Pleasant View?
Krauss: Taking it out to Pleasant VietJ at Peaceful Lane uhere it is.
the endEmmings: Oh, okay, And then would you undertake those changes to
of Peaceful Lane and Pleasant View at the same time?
Krauss: Risht. The whole thins uould be rebuilt. The remaining questions
of acquisition and questions of cost and how to distribute the cost and who
urill pick it up and when, we hoPe to come back to the City council wiLh
this on December 1oth. IL doesn't look Iike we're going to be able to get
aII the parties involved in one room aL one time by that Point but ue're
working towards that goal and I'Il let vpu know on that as ulell.
Batzli: They're going to leave Lhe barn where it is?
Krauss 3 tJeIl, there was
there was some desire on
no vote on it.
no action taken on that. I guess
the Council's part Lo do that but
it seemed that
there simply was
Batzli: Because we had made some, I think Steve made the proPosal. It was
an earlier of him leaving the property or some other thing and at thaLpoint they'd get rid of it? so that's in there right noN in front of the
Counci I?
Krauss: Yeah. t^,e did carry that forward. I mean we carried forward our
reservations of how ue administ€r something Iike that but we did carry that
foruard. And as I recall, that seemed to be the direction the council was
going. There was going to be something recorded against the title. I'II
skip some of the other stuff so ra,e can get to the interviews. There's
actually two Ieft I wanted to touch on. I discussed the comPrehensive PIan
and what schedule that was taking up...and r^rhat they've done is establish
PIanni ng
November
Comm iss io n24, 1990 -
Heet i ng
Page 19
January 7th as a special meeting for them Lo consider. It r.lill be theirinitial consideration of the comprehensive plan. Nor^l it may in fact take
more than one meeting. l.le don't know that yet but I'd like for you all toput that on your calendar and I'II get out notice for those who aren'there. IL's really by nature of you reviewed the plan and passed it on tothe City Council. fn my opinion, you should present it to the City
Counci I .
Emmings: The Council expects us to remember what we did for that ]ong
t ime?
a
Emmings: I don't knou if that's reasonable.
Krauss: But you know, I can respond in terms of technical questions and
what not. You may be asked questions as to what your thought processes
Nere on a given piece of property or brhatover but I think that that
dialogue between the PIanning Commission and Council at that point in timeis important so I'd ask you to put that down on your calendar and hopefullyit's the Iast special meeting we'lI ever have to have on Lhe comprehensiveplan. Along those Iines, I had two conversations with individuals Irelated in here. The first uas t^rith a group of brokers and attorneys
concerning the property in front of Timberwood. You may recall, I saidthis on several occasions that if somebody came up urith a plan that Ididn't think the city could refuse, whether it was residential orindustrial or uhatever, thaL I urould feel it encumban! upon me to bring itbefore you and the City Council and get your opinion. The individuals f
met h,ith believe they have such a plan. Now I'm not frankly convinced aLthis point that that's the case but my idea for a plan that might seIIitself here is, well for those of you who are familiar with Lhe American
Express campus in Chaska, if somebody were to say I can take 137 acres.It's going to be prime, Class A office. Here's my plan. I'1I do it as aPUo. I think it's encumbant upon us to consider something Iike that. Atthis point in time the individuals are talking about...as I understood trith
approximately 25O new jobs which raised a little bit of a red fLag in my
mind because that's not a urhole lot of jobs for the ratio of square
f ootage. t^le've got many more people out, ulell look at Rosemount. l.le'vegot 1,2O0 people packed up in the same space. You know they've only talked
about these things and I offered them the opportunity to bring back a
review and at your next meeting if they so desired or they're going to, the
opportunity to make a presentation to the City Council. I indicated that
at this point I'm rather relunctant to consider, I mean change the plan inmidstream. I mean we've got a lot of commitments to a lot of individuals
and homeowners and residents and I'm very concerned that ure not.
Ellson; Look like we turn on a dime?
Krauss: Risht, without inviting them back in to comment again but they, Idon't know if they're going to pursue it or not at this point. I }eft it
up to them to get back to me and they haven't. The second one to consideris one thaL I had heard earlier. Rod crams called me before our public
hearing and indicated to me that he's not opposed to, remember we changedhis property to residential from industrial . He's not opposed to the
Krauss: Hopeful ly .
P Iann i ng
November
Commission
28, 1990 -
Meet i ng
Page 20
residential designation but he feels that when we use a dividing line as
his north property Iine, that that was inaPProPriate because there is a
pipeline that bisects the property with a 1oo foot wide swath that you
can't build on. Pipelines are difficult to build residential around. It's-
kind of a natural separation and vou can do some Planting probablv which
wiII be a dividing point. tlhen I spoke to Rod I indicated that I didn't
find, that seemed reasonable since we were still achieving our goal of
providing a residential buffer to the Sunridge and Audubon Road. He Has
supposed to have his attorney make a Presentation to you at the public
hearing and apparently his attorney couldn't come or he never made it
They may go before the city Council again and bring this issue uP again to
be considered. My ouln oPinion on lhat is I don't have a Problem with it
because I think it's consistent with the guidelines that we established.
This Iine is just in a more definitive place that we Feren't ablare existed--
Emmings: l.lhich way would it move it? South?
Krauss: The line would move to the south.
Emmings: How far from where we had it?
Krauss: tlell I don't know exactly. I would have a maP readv for the Citv
Council and I'I1 copy you one and maybe I can do it at the next meeting.
tJhat I'm curious about is which side, now that I think about it, which side-
of the existing home does that faII on?
Emminss: And ulhere does it 9o on both ends because it sounds like it's
heading right into a residential area.
Krauss: WeII it does in fact. The subdivision across the street is built
around it. There's a larse swath of that subdivision that's not used
because of that.
Eirmings: oh, okay. I don't remember it in there. Last thing was the
Eastern carver County Transportation Study.
Erhart: Before you move on to that, you're not asking us to review these
things before this goes to Council?
Krauss: I just Nant to make vou ah,are of it.
Erhart: okay. Are you looking for any inPut from the commission at this
time on their reaction to these?
Krauss: I certainly would, I mean I'd encourage that if you'd have any
initial responses and we can take it further. l.le still have a month before
this gets Lo the Council
Erhart: Okay, does anybody have anything on the first one? Anv inPut?
Batzli: I'd be interested in seeing what they have to ProPose but I don't -know what it is yet.
Pl.anning
November
Commission
24, t990 -
t"leet i ng
Pase 21
Erhart; For my comments on that one. I would absolutely oppose that
becaues what happens, the way we have it noul h,e have zoned it residential .That means if somebody wants to come into that 137 acre parcel , they haveto come in with a site plan that we really control to the tee because they
have to convince the City Council to change comp plan and zoning for thatparticular piece. So that's a trade. tle've got something to offer inorder to control what goes in that area. If r.re put that in the comp plan
as industrial/commercial today, then aII anybody has !o come in with isalmost any plan that wiII meet our ordinance for a commer c i a l,z i ndustr i a I .I think ule ought to be adamant at this point since there's so much public
concern for that 137 acres, that we maintain as strict control as we can.
And the second one I agree with )zou PauI. I think moving the line to anatural, an existing barrier makes good sense. If you have another commentthat's f ine.
Krauss: On the Timberh,ood area issue, they haven't sold me that Lhequality is there...thought it through. They also told me that while they'dtake doun a signficant percentage of the acreage, they're not taking downthe whole 137 acres which again is another red flag because the only wayI perceive this ever happening is if somebody packages the r.rhole thing up.I don't believe they're in a position to do that-
Erhart: Okay, what about the meeting on the lOth then Paul?
Krauss: Oh, the Eastern Carver County Transportation Study. The County
Engineer is setting up a meeting for Planning Commissioners, interestedpeople, City Council people. Unfortunately they set it on December lOth
and we have a regular Council meeting. This meeting is to have theconsultant present and those people who worked on Lhe plan, including theengineer, cary tlarren and myself and other staff peopl.e, to respond toquestions and give out information. t^le think this study's a very importantone. te're going to be taking it to the I'letro Council. As you're aware,
we incorporated it in our comprehensive plan. t,le also don't uant thisstudy to just sit there in static. ].le think that this is a good work...andthere's other things u,e'd like to tackle. tle'd like to get this modelupdated. The Metro Council...study on why people go where and where theygo Hhen they want to and thaL's 9oin9 to factor into Lhe regional model .
l.Je'd like to rerun our, it's a process b,e b,ant to keep going. Since we
have conflict with that night, tre're probably going to hire the consultantto come in and brief the City Council and yourselves again sometime in
January when we find a good date to do that and u,e would have Roger
Gustafson, their County Engineer present as welI. So !,e'11 be following up
on Lhat with you. If anybody can manage Lo get to that meeting though onthe 1Oth, I probably can't but if somebody could be there, it would be
very . , .
Erhart: Okay. Ongoing items. tle didn't get a handout today on the listin our packet on ongoing items.
Krauss: l^,le I L , I could say it 's promisi n9 actuaL ly because af termeeting Jo Ann and I took that one out and we divied up the itemsactually get them done. ..
the
so
I ast
we can
PIanni ns
November
Commission
28, t990 -
Heet i n9
Page 22
Erhart: One of
was absen! that
Iot size issue.
the thi ngsI think we
that I noticed
have to put on
on the Iast one that
there Uas to Iook at
I sau, thatthe rura I
Krauss:
Erhart:
Krauss:
Erhart:
t^le've got
It 's not
You mean
Yeah.
that as a work item.
an ongoing i Lem?
with the rural study that the Met Council is doing?
Krauss: Yeah, I have that. I'll make sure that it gets done.
Erhart: Yeah, I don't think it was on there. I think tle added it aL one
time and then it wasn't on the last one. I think again if I can speak for
aII of the commissioners, I think ue've spent the last year uorking so much-
on the comp plan, I think there's somewhat a level of frustration that
we've had a Iong list that nothing gets, you knour very little got done this
Iast year on it and I think we're al] anxious to get back on that and see
if we can get on some of these tasks nour that hopefully ure've got Lhe comp -
plan behind us because I think there's some real imPortant r.lor k that needs
to be done regarding planning and ordinances ther€.
Batzli: The only thing I'd Iike to add is I think staff did a nice iob on
the comprehensive plan and lhat was a lot of work for probably double the
size staff ue have so I don't think our eomment should be viewed as a
reflection that h,e don't think you were busy.
Erhart: Okay, anything else?
Krauss: There was one fninor
Ahrens: 25 feeL.
Is there any administrative approvals?
one that I described for a wooden fence.
Erhart: The first item on the public hearing we discussed uhat I
interpretted was a concern about the ordinance regarding screening.
used for screening. Is that an issue that conc€rns anybody tha! He
to be looking at? or are you prepared to let the next one come in?
Fe nces
ought
Krauss: No, no. This on6 was 8 foot and I made them cut it down to 5.
It's the trash enclosure for Country Hospitality Suites. It turned out to
be in a much more visible location than had been approved because of water -
mains that were put in without the knowledge of the landscaper. He put it
basically in the front yard of the hotel on Market Blvd. which r.rill become
a very busy street. t^le wanted to make sure that i! uas pretty obscured so -we had them cut it down from 8 feet to 6 feet and they're going to be
residing it in the same maLerial that the hotel's sided with. Hopefully iLwilI blend with that background and aLso landscaped around it.
Emmings; I think it's very hard to do it across the board. I think what
we learned from this one is you've got to be real sensitive to them when
they come in the first time because lf you don't do it right the first
time, you really are creating a problem.
Planning
November
Comm iss ion
28, !990 -
Heet i ng
Page 23
Batz]i: I think in some .instancescan't screen it total Iy .
the topography will just mean that you
Emmings: It has in the past. Lle've already had those. You try to screenthe top of this United Hailing you know. tlhen you're up above it. tte've
had several of those where we just said it wasn't possible. And thenAnnette's example of that shopping center uhere the person brought the
developer out onto their deck and said, see I can see the top. I meanyou're just going to have insEances like that.
Emmings: That's right.
Olsen: You have to limit heisht of trhat's bein9 stored too.
reasonable.ElIson: Right you have to
Emmings: Or maybe we wind up on some of those, maybe we wind up telling
them it's going to have to be inside. Their storage is going Lo have to beinside. l^lhatever but it's going to be a case by case deal .
Krauss: l.{ar ket Square though is a good case in point because there you
have full knowledge that you have a back r.lall that is probably 25 feet high
and that they wanted to use for signage and the Lrade off was fine. Youcan put your signage there but you're going to put the same architecturaltreatment on the back with roof lines that you have on the front becausethat's basically, for the rest of everybody going by on TH 5, that's thefront of the buildins. There was also the storage area back behind the
hardware store that was required to have a 5 foot high or 6 foot hish
masonary r.rall matching the buildins exterior and then the parking Iot backthere has a berm urith landscaping on it so that from the off siteperspective, you can see the building wall and the signage and the roofelevations but you can't see all the stuff in the back which is the trucks
unloading and snowmobiles and whatever else is back there
Emmings: That's probably the best way and somebody, was it Tim or somebody
mentioned that connection with this first item we discussed and I thoughtthat was a good idea. If ue had caught this one early on, maybe to have
him just put a wing waII out you knoul to screen that stuff would have
blended right in from a distance. You r.rouldn't have seen a thing.
Erhart: okay, the next item. Is there any other open discussion? Thenext item is the recommending candidates for, I guess ure do have an openposition now on the Planning Commission so Paul, do you rlant to explain
that?
Krauss: You might as weLl close your. Planning Commission meeting and then
we can go on to the inLerviews.
the
be
there's no other business, does someone want to make athe meet i ng?
Erhart: Okay, if
motion to adjour n
Olsen: You have the same thing with Market Square from TH 5 south.
Planning Commission Mee! i ng
November 28,, 1990 - Page 24
Emmings moved, Batzli seconded to adjourn the meeting- AII voted in favor
and the motion carried -
The regular Planning Commission meeting was adiourned at 8:55 P.m.. The
Planning Commissioners then interviewed candidates for the oPen Position on
the Planning Commission.
Submitted by PauI Krauss
Planning D i r ector
Prepared by Nann Opheim
oot- t
CITY OF
CH[NH[EEEN
690 COULTER DRIVE . P.O, BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
r-/. -bpfr}'18}TORANDlJlll
TO:
FROM:
DATE:
SURT:
Planning commission
Jo Ann Olsen, Senior Planner (nO
Decenber 5, 1990
update of Flood Plain ordinance
l>- b-7 0
On October 13, 1989, Planning and Engineering staff net with CeitStrauss and Judy Boudreau fron the DNR to discuss flood plain
management in the City of Chahhassen. The neeting rras conducted by
the DNR on behalf of the Federal Energency Management Agency (FEMA)in consideration of Chanhassenrs continued participation in theNational Flood Insurance PrograD (NFIP). Chanhassen's Flood PlainOrdinance is non-conpliant due to 1985 changes to federalreguirernents of the NFIP. The representatives fron the DNRprovided staff with a copy of a nodeL ordinance that they recommendthe city adopt since it is conpliant with all state and federalflood plain regulations. The city has the right to anend theexisting ordinance, but this would have to be reviewed by the DNRto ensure that there are no omissions. State regulations allohrs 6
months for the city to anend the flood plain ordinance and federalregulations only a11ow 90 days for anendments to non-conpl iantordinances. The deadline for the ordi.nance occurred on January 10,1990. The ordinance must be anended to avoid any possiblesanctions irnposed by FEUA. State law also requires that the
proposed local ordinance be reviewed and approved by the DNR 30
days prior to adoption.
Although a year 1ate, staff has provided an anendment to the floodplain ordinance whLch includes sone of the nore significant changesfelt to be necessary by the DNR. The najor changes of the
amendment are as fol lows:
The definition of rrbasenent! rras expanded to include all belowgrade areas enclosed on aII four sides.
Provisions were incl.uded to regulate the placement of traveltrailers and traveL vehicles.
1
)
iL-(o-10
Flood Pfain ordinance
DeceDber 5, 1990
Page 2
,l changes rrere made in the application of wet orfloodproofing techniques for accessory structuressubstantial inprovement to priuary structures.
dry
and
4 Changes hrere nade requiring replacement nanufactured homes to
be properly elevated and anchored.
changes were made to incorporate specific enforcernent
procedures for dealing with ordinance violations.
Froln the neeting nith city staff and DNR, it becane apparent thatthe city does not have the forEs and procedures for recording,
inspecting and certifying elevations of the lowest floor permittedstructures. The DNR provided sample forrns vrhich can be used intheir entirety or in part as needed. The forms are useful in that
once the proper flood protection elevation has been determined for
a particular site, tbat elevation can be specified on the buildingpernit. After the structure is built, the as-buiLt eLevation
should be certified in accordance with the cityts ordinance beforea certificate of occupancy has been issued. This system forcertifying elevations of the lorrest floor of pennitted structureswill be implenented by the Building Departnent.
It was aLso determined that there is an existing flood boundary
located in the chanhassen Lakes sth Addition development adjacentto Riley creek. As a result, there is a possibility of fill in thevicinity of Park Place which has encroached in the floodway which
would have nornally reguired a conditional use pemit in accordancewith Section 4.2 of the Cityrs Flood Plain l.Ianagement ordinance.
Before allowing any further developroent in the vicinity, the city
rnust analyze the fill inpact to detennine hrhether this portion ofthe fLoodlray can be fifled without increasing potential flood
damages or stages. If such can be deternined, the city nay requesta letter of nap revision ( LoMR) fron FEMA. The city can reguest
assistance frotD the watershed District Engineer and from the DNRfor guidance. Staff is neeting witb Judy Boudreau fron the DNR toinitiate the process to detennine whether there has been an
increase in potential flood danages and to initiate a revised map'.
The proposed revisions are in bo]d. Staff is confortable that the
proposed amendments do not significantly change our enforcement ofthe ordinance other than stronger requirements for buiJ.ding permitapplications. staff rrill advertise for the public hearing inJanuary, but thought it best to bring it first to the Planning
Conmission in an open discussion fonoat.
5
ORDINANCE NO.
AN ORDINANCE AI{ENDING ARTICIJ II, ADITTINISTRATION AND ENFORCEIIIENT
Sec. 18.39. Preliminary PIat.
Add the following under (f):
(8) Review Criteria. No land shall be subdivided which isunsuitable for the reason of flooding, j,nadequate
drainage, water supply or sewage treatment facilities.All Iots within the flood plain districts sha1l containa building site at or above the Regrulatory FloodProtection Elevation. All subdivisions shal1 have waterand sewage treatnent facilities that conply with theprovisions of this ordinance have road access both thesubdivision and to the individual building sites no lowerthan triro feet belo!, the Reg"ulatory Flood protection
Elevation. For all subdivisions in the flood p1ain, the
Floodway and Flood Fringe boundarj.es, the Regulatoryflood Protection Elevation and the required elevation ofall access roads shall be clearly labeled on all requiredsubdivision drawings and platting documents.
Sec. 18-40. Same - Data Required.
changed
information:
and add the following under (4) supplenentary
Change existing (1) to (n) and add the following:
(1) Establish 100 year elevation, Floodway and Flood FringeDistrict boundaries and regulatory flood protectionelevation for the subdivision site.
Sec. 19-81. Discharges.
Add the follolring:
On-site sewage treatment and water supply systems. Wherepublic utilities are not provided: 1) on-site r.rater supply
systems must be designed to mininize or eliminate infiltrationof flood waters into the systeus; and 2) New or replacenenton-site seqrage treatnent systems must be designed to ninimizeor eliminate infiltration of flood waters into the systems and
discharged from the systems into flood hraters and they shallnot be subj ect to irnpairnent or contamination during times offlooding. Any selrage treatment system designed in accordancewith the Staters current statewide standards for on-site
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COt'NTf ES, MINNESOTA
sewage treatment systems shall be deterrnined to be in
compliance with this section.
Sec. 20-1. Definitions.
Add the following:
Basenent - neans any area of a structure, including crawl
spaces, having its floor or base subgrade (below ground fevel)
on all, four sides, regardless of the depth of excavation below
ground level.
Conditional Use - means a specific tlrpe of structure or land
use listed in the official, control that nay be alfowed butonly after an i.n-depth review procedure and with appropriate
conditions or restrictions as provided in the official zoningcontrols or building codes and upon a finding that: (1)certain conditions as detailed in the zoning ordinance existand (2) the structure and/or land use conform to the
comprehensive Land use plan if one exists and are cornpatiblewith the existing neighborhood.
EquaL Degree of Encroachment - a nethod of deternininglocation of floodway boundaries so that flood plain landsboth sides of a strean are capable of conveyingproportionate share of flood flows.
the
on
a
Flood - a tenporary increase in the flow or stage of a streamor in the stage of a wetLand or lake that results in theinundation of nonnally dry areas.
Flood Frequency - the frequency for which it is expected thata specific flood stage or discharge may be egualled or
exceeded.
Flood-Proofing - a conbination of structurat provisions,
changes, or adjustrnents to properties and structures subjectto flooding, prinarily for the reduction or elimination offlood daBages.
Principal Use or Structure - neans all uses or structures thatare not accessory uses or structures.
Obstruction - any dam, rrall, wharf, enbankment, levee, dike,pi1e, abutnent, projection, excavation, channel modification,culvert, building, wire, fence, stockpite, refuse, fil1,structure, or matter in, along, across, or projecting into anychannel, qratercourse, or regulatory flood plain which rnayirnpede, retard, or change the direction of thL ftow of water,either in itself or by catching or collecting debris carriedby such water.
2
Reach - a hydraulic engineering tern to describe alongitudinal segment of a stream or river influenced by anatural or man-nade obstruction. In an urban area, the
segrnent of a strean or river between two consecutive bridge
crossings would most typically constitute a reach.
structure - anything constructed or erected on the ground or
attached to the ground or on-site utilities, including, but
not Iinited to, buildings, factories, sheds, detached garages,cabins, manufactured hones, travel trailers,/vehicles not
neeting the exenption criteria specified in Section 9.31 ofthe ordinance and other sinilar itens.
Variance - means a modification of a specific pernitted
developnent standard required in an official control includingthis ordinance to allow an alternative development standardnot stated as acceptable in the official control, but only asapplied to a particular property for the purpose ofalleviating a hardship, practical difficulty or unique
circumstance as defined and elaborated upon in a connunitytS
respective planning and zoning enabling legislation.
20-27. Revocation, rnodification, etc., of permits,
authorizations, etc.
(a) when an ordinance violation is either discovered by or
brought to the attention of the Zoning Adrninistrator, the
Zoning Adrninistrator shall inrnediately investigate thesituation and docuDent the nature and extent of theviolation of the official control. As soon as is
reasonably possible, this information uilL be submittedto the appropriate Department of Natural Resourcesr and
FederaL Emergency ManageDent Agency Regional Office alongwith the Communityrs plan of action to correct theviolation to the degree possible.
(b) The Zoning Administrator sha1l notify the suspected partyof the requirenents of this ordinance and all otherofficial controls and the nature and extent of the
suspected vioLation of these controls. If the structure
and/or use is under construction or deveLopnent, the
Zoning Administrator nay order the construction or
developnent inroediately halted until a proper perrnit orapproval is granted by the conmunity. If theconstruction or development is already completed, thenthe Zoning Adninistrator nay either (1) issue an orderidentifying the corrective actions that must be nadewithin a specified time period to bring the use orstructure into conpliance with the official controls, or(2) notify the responsible party to apply .for anafter-the-fact perrnit/development approval within aspecified period of tine not to exceed 30-days.
Sec .
3
(c) If the responsibLe party does not appropriately respondto the Zoning Adninistrator r ithin the specified period
of tine, each additional day that lapses shall constitutean additionaL violation of this Ordinance and shaLl beprosecuted accordingly. The Zoning Administrator shallalso upon the Iapse of the specified response periodnotify the landowner to restore the land to the condition
which existed prior to the violation of this Ordinance.
Sec. 20-29. Variances generally and appeals.
(b) Add to paragraph:
The Board shalI subDit by nail to the cornmissioner of
NaturaL Resources a copy of the application for proposedVariances sufficiently in advance so tbat the
Cornmissioner uill receive at least ten days notice of the
hearing.
(c) Add to paragraph:
A copy of all decisions granting Variances sha1l beforwarded by nail to the Conmj.ssioner of NaturaL
Resources within ten (10) days of such action.
(S) Flood Insurance Notice and Record Keeping. The ZoningAdninistrator shall notify the applicant for a variancethat: 1) The issuance of a variance to construct astructure below the base flood 1eve1 will result in
increased preniun rates for flood insurance up to anounts
as high as $25 for Sloo of j.nsurance coverage and 2) Suchconstruction below the 100-year or regional flood level
increases risks to life and property. Such notificationshall be naintained sith a record of alL varianceactions. A coDmunity shaIl naintain a record of allvariance actions, including justification for theirissuance, and report such variances issued in its annualor bi-annual report subnitted to the Adninistrator of theNational Flood Insurance Program.
sec. 20-44. Planning cornmission action.
Add to paragraph: If the action involves floodplain property,a notice of the decision will be uailed to the Departnent ofNatural Resources.
Add Section 20-46. Floodplain.
The flood plain designation on the Official Zoning Map shallnot be removed frorn flood plain areas unless it can be shown thatthe designation is in error or that the area has been filled to or
above the elevation of the regional flood and is contiguous to
4
l-ands outside the flood plain. Special exceptions to this rule naybe pernitted by the connissioner of Natural Resources if hedetemines that, through other neasures, lands are adequatelyprotected for the intended use.
AlI anendments to this Ordinance, including amendments to theOfficial Zoning Uap, must be subnitted to and approved by the
Commissioner of Natural Resources prior to adoption. Changes inthe official Zoning llap nust meet the Federal Energency Irlanagenent
Aqencyrs ( FEITIA) Technical Conditions and Criteria and nust receiveprior FEIIA approvaL before adoption. The Conmissioner of Natural
Resources nust be given lo-days written notice of all hearings toconsider an arnendment to this Ordinance and said notice shall-include a draft of the ordinance anendment or technical study under
cons ideration.
Sec. 20-55. Generally.
Add to paragraph: No Variance shaIl have the effect ofallowing in any district uses prohibited in that district, perrnita Iolrer degree of flood protection than the Regulatory FloodProtectj-on Elevation for the particular area, or permit standards
lower than those reguired by State 1aw.
Sec. 20-71. Nonconforning buildings and uses.
Add to paragraph: Any alteration or addition to anonconforning structure or nonconforning use which would result inincreasing the flood damage potential of that structure or useshall be protected to the Regulatory Flood Protection Elevation in
accordance rrith any of the elevation on filL or flood proofing
techniques .
Sec. 20-73. Discontinuance.
Add to paragraph: If any nonconforning use is discontinuedfor 12 consecutive nonths, any future use of the building prenisesshal1 conforn to this ordinance. The assessor shall notify the
Zoning Administrator in writing of instances of nonconforning useswhich have been discontinued for a period of 12 nonths.
Sec. 20-74. Alterations.
Add the following paragraph:
(c) In the flood plain the cost of any structural alterationsor additions to any nonconforroing structure over the lifeof the structure shall not exceed 50 percent of themarket value of the structure unless the conditions ofthis Section are satisfied. The cost of all structuralal.terations and additions constructed since the adoptionof the Conmunityts initial flood plain controls nust be
5
calculated into todayrs current cost which rrill includeall costs such as construction materials and a reasonablecost placed on all nanpower or labor. If the currentcost of all previous and proposed alterations and
additions exceeds 50 percent of the current market valueof the structure, then the structure must meet the
standards of Article v, Division 3 and 4, for new
structures depending upon uhether the structure is in the
Floodway or Flood Fringe, respectively.
sec. 20-91. Building Pernits.
Amend as follows:
(a) No person sha1l erect, construct, a1ter, enlarge, repair,
nove or renove, any building or structure or part
thereof, aud prJ.or to tbe placeneDt of fill, excavatioDof Eaterials o! the storage of naterl.als or equipueatsithin the floodplaiu rrithout first securing a buildingpernit.
Add the fo],Iowing to (b):
state and Federal Pernits. Prior to granting a Pemit or
processing an application for a Conditional Use Pernit or
Variance, the Zonlng Administrator shall determine thatthe applicant has obtained all necessary State and
Federal Pernits.
Add the following:
(d) Certification. The applicant shall be required to subnitcertification by a registered professional engineer,
registered architect, or registered land surveyor thatthe finished fill and building elevations hrere
acconplished in conpliance with the provisions of this
ordinance. Flood-proofing rneasures shall be certified bya registered professional engineer or registeredarchitect.
Record of First Floor Elevation. The Zoning
Adninistrator sha1l naintain a record of the elevation ofthe loirest floor (including basenent) of aLl newstructures and alterations or additions to existingstructures in the flood pIain. The Zoning AdninistratorshalI also maintain a record of the elevation to which
structures or and alterations additions to structures are
flood-proofed.
6
sec. 20-231. Application, public hearinq, notice and procedure.
Add the following to the paragraph:
The city shall subnit by nail to the Conmissioner of Natural
Resources a copy of the application for proposed Conditional Usesufficiently in advance so that the Coumissioner will receive atleast ten days notice of the hearing.
sec. 20-233. Conditions inposable on petmits.
Add the following to (a):
(7) l,lodification of waste treatment and water supplyfacil ities -
(8) Linitations on period of use, occupancy, and operation.
(9) Inposition of operational controls, sureties, and deedrestrictions.
sec. 20-325. Purpose.
change the last line in the paraqraph to read as follosrs:
It. This district is created and applied in accordancewith Minnesota Statutes Chapters 103 F OO1-155.
7
The GeneraL FLood Plain District includes the entire floodplain and does not differentiate between those areas which are
floodway and those areas nhich are flood fringe. Because of this,the city sha11 detemine whether the proposed use is in the
floodway or flood fringe using procedures established in division3 of this article and therefore rrhether it is allowed orprohibited.
Pernitted uses shalf include those uses as perroitted bysection 20-366. l{anufactured hon6s aDdl travel tral.lers/vehicles
ara prohibit€d in the geDeral flood plaiD district.
sec. 20-349. Publ,ic util ities.
A1). public utilities and faciLities such as gas, electrical ,sewer and water supply systens to be Located in a flood plain sha11be flood-proofed in accordance with the state building code or
elevated above the reg'ulatory flood protection eLevation.
RaiLroad tracks, road and bridges to be Located within the
Floodway District shaII comply with SectioD 20-355 aDal 20-376.
Elevation to the regiulatory flood protection elevation shal1 beprovided where failure or interruption of these transportationfacilities uould result in danger to the public safety or where
such facilities are essential to the orderly functioning of thearea. Minor or auxiliary roads or railroads may be constructed ata lower elevation where failure or interruption of transportation'serv.ices lsoul,d not endanger the public safety.
Sec. 2O-351. Conditional use pernits.
(a) A conditional use pernit issued by the city council inconforrnity with the provisions of this chapter shall be securedprior to the erection, addition or aLteration of any building,structure or landi prior to the change of a nonconforrning use; andprior to the placenent of fill or excavation or Dateriats withinthe flood plan.
(b) 5.21 upoD receipt of a! applicatl.oa for a condlitioaal UsePemit for a us€ ritLir the ceDeral Flooal Plaitr District, tbe
1
DIVISION 2. GENERAL FI'OD PI,AIN DfSTRICT
Sec. 2O-346. Scope.
This.divislon applies to the ceneral Flood Plain District.
sec. 20-347. Territorial applicability.
Section 20-348. Pernitted uses.
Sec. 20-350. Public transportation facilities.
applicalt sball be rsquiredl to furuish sucb of tbe followiDginformatiou as is aleemed r6c6Esary by the clty for theileter:niaatlon of tha Regulatory Flooal Protectioa Elevatior aDdshetber th€ ploposed use is rlthla thc Floodsay or trlood rringeDistrict.
(1) I tlTrlcat t/alley cross-section shorl.ng the chatrnelof the atraaD, elevatl.on of latral areas aajoiniag eacheide of the chaDrel, cross-sectioaal areas to be occupied
by ths propoaed dev€lopDeDt, aad hlgh yater infornation.
l2t PIaD (surface vler) BhoyiDg elevatious or coDtoursof tha grouadi pertl.neat structure, fiIl, or storageelevationsi aize, locatioD, alal apatial arraDgenent ofall proposed aDal exletlag atructures oD the site;Iocatl.on ard el€vatiols ol streetsi photographs shoriDgeristiag lard uses aDd vag€tatioa upstre'nr and
dornstream i aud soil tfEre.
(3) Profil€ 3horiag the slope of the botton of the
cbaDnel or floy liue of tbe str6a! for at l€ast 5OO feetiD either direction froE tbe proposed developnent.
(c, specificatioDs for buildiug coD3tructioa aDd nateri.Is,flood-proofing, filllag, dlealgLDg, gradliag, chll.r€t iuprovenent,stolage of Daterials, rater suplrIy and sanl,tary facill.ties.
Sec. 20-352. Certificate of zoning compliance.
It shall be unlarrful to use, occupy or perrnit the use oroccupancy of any building until a certificate of zoning complianceshall have been issued by the city stating that the use of thebuilding of land conforns to the requirenents of this chapter.
Section 20-353. Construction and use to be as provided inapplications, pLans, perroits, and certificate ofzoning conpliance.
Conditional use perrnits or certificates of zoning conplianceissued on the basis of approved plans and applications shallauthorize only the use, arranltenent and construction set forth insuch approved plans and applications and no other use, arrangementor construction shal1 be pernitted. Any use, arrangement orconstruction at variance with that authorized shal1 be deemedviolation of this articLe. The applicant sha11 subnitcertification by a registered land surveyor that the finished fi1land building elevations Lrere conpleted in cornpliance with theprovisj.ons of this chapter. Flood proofing neasures sha1I becertified by a registered professional engineer or registeredarchitect. Tbe registered prof.ssioual aagiaeer or registeredarcbitect sball evaluat€ tbe proposed proJect ia relatioa to floodheights and velocities, the eeriousaess of flood drtnag€ to tbe use,
2
the adequacy of tbo plaDs for protectl.oD, a[al otber techDicalDatters. Based upon th6 techDical ovaluatioD of tbs desigaated
eaglueer or exp€rt, the cit, shall detemlDe tbs Bpecific flood
hazard at tbo site aDal ovaluate the sultablllty of the proposed useia rslatioD to tb6 flooal hazard.
DMSION 3. FIpODWAY DISTRISI (FW)
sec. 20-366. PerDitted uses.
The following uses have a 1ow flood darnage potential , Do
iacrease in floodt elevation and do not obstruct fLood fIows. These
uses shall be pernitted uithin the Floodway District to the extentthat they are not prohibited by any other ordinance or rratersheddistrict regulations and provided they do not require structures,fi1I, or storage.of naterials or equipnent. In addition, no usewithin a floodway district shall be pernitted to adversely affect
the capacity of the channel"s or floodlrays or any tributary to the
mainstrearo or of any drainage ditch, or any other drainage facilityor system:
(1) Agricultural uses such as general farning, pasture,
grazing, outdoor plant nurseries, horticulture, truckfarning, forestry, sod farning and wild crop harvesting.
(2') Industrial-commercial uses such as loading areas, parking
areas and airport landing strips.
(3) Private and public recreational uses such as golf
courses, tennis courts, driving ranges, archery ranges,picnic grounds, boat launching ramps, swi'ntning areas,
parks, wildlife and nature preserves, gane farns, fish
hatcheries, shooting preserves, target ranlres, trap and
skeet ranges, hunting and fishing areas, and single or
rnultiple purpose recreational traifs.
(4) Residential irses such as larrns, gardens, parking areas
and play areas.
(51 l{aDufactured ho[es, travel trallersr/vabicles areproblblted la the floodvay alistrict.
3
Sec. 20-354-20-365. Reserved.
sec. 20-367. Conditional uses.
The following open space uses reguire accessory structures orfill or storage of naterials or equipnent. These uses nay bepernitted in the Floodway oistrict only after the issuance of aconditional use perrnit as provided in 20-351:
(1) 111 Uses. No structure (telporary o! peruaDetrt), fill(hcl.uding ttll for toadE aaal levees) I deposit,ob3tnrctiotr, 8totag€ of lateriala or eguipueat, or otber
usos Day bo alloyad as a conditloDal Use that riII cause
aay Lncreaso La the stage of tho loo-year or regioualflood or cauBe aD Lacreaae ln flood danag€a Ltr the reachor rsacbsa affocted.
(2) Structures accessory to open space uses, provided:
a
b
Accessory structures shall not be designed
human habltation.Accessory structures, if pernitted, shall
constructed and placed on the building site soto offer the nininum obstruction to the flowflood lraters i 'provided:
for
be
as
of
c.
1. Whenever possible, structures shall beconstructed with the longitudinal axispara1le1 to the direction of flood flowi and
2. so far as practicable, structures shall beplaced approxirnately on the same flood flowLines as those of adjoining structures.
AcceEsory structur€s shall be elevated on fill oratructurally dry flood proofed in accordance siththe FP-l or FP-2 llood prooflag classifications inthe 8tat6 BuildiDg Code. As a! alternative, anaccessory atructure Day be flood proofed to tbeFP-3 or FP-l flood proofiDg classification iu theatate Building code providedt tbe rccessorystructur€ coastitut€s a niaimal iDvestDeDt, doesDot excoed 500 sguare feet Ln size, anil for a
detached guage, tba detached garage nugt be usealso1ely for parkiDg of vehicles and linited storage.All flood proofed accessory structureE nust neetthe folloving additional staDdards, as appropriate:
1 l[he atructure Dust b€ adequately archored topreveDt flotatioD, aollapse or lateralnoveneDt of the Btructure aDd shall be
deaLgned to equalLze hydrostatic flood forcesoa e:tarior rrllsi alil
2.Any DechaDlcal aDd utilLty equipnent in astructure Bust be elevatedl to or above theRegulatoly tr1ood ProtectioD ElevatioD orploperly flood proofedl.
4
(3) PLacenent of FiII, provided:
Any fill deposited in the floodr.ray sha1l be no norethan the nini.nun necessary for use. cenerally,fill shall be liuited to that needed to grade or
landscape for that use and shall not iri any way
obstruct the flow of flood rraters.
Spoil frorn dredging or sand and gravel operationsshall not be deposited in the floodway unless a
loDg-tem site developueat PIaa is subultted vbichiacludes aD erosioa,/setlineatatiou prevention
el6n6Dt to tbe pfan.
FilI shaI1 be protected fron erosion by vegetative
cover, nulcbiag, tiprap or otber accaPtable Dethod.
(4) Storage of materials and equipnent; provided:
a
b
c
a
b
potentially injurious to hunan, animal or plant
life is prohibited.
Storage of other materials or equip:nent nay be
allowed if readily reroovable from the area withinthe tine available after a flood warning and ia
accorataDce yitb a pla! rpproved by the governing
body.
(5) I-€vees, dikes, and fLoodwalls shall not be constructedwith the linits of the floodway district. otherstructural works for flood control such as darns and
channel enlargernents that will change the course, currentor cross-section of a public Irater sha1I be subject to
the provisions of Dlinnesota Statutes chapter 105.connunlty ride structural yorks for flood coDtrol
intended to renove areas fron tbe rogulatory floodt plain
shall Dot b6 a11or6d ia the floodray.
The storage or processing of naterials that are,tirne of flooding, flamnable, explosive,
District .
in
or
secs. 20-368-20-375. Reserrred.
Drwsrol{ 4. FrroD ERTNGE DrsrRrer (rF)
Sec. 20-375. Scope.
this division applies to the Flood Fringe (fF)
sec. 20-377. Pernitted uses;
(a) The following uses shall be perroitted within the floodFringe District to the extent that they are not
5
prohibited by any other ordinance and watershed districtregulation:
(1) Any use penoitted in section 20-366.
(2) Structures accessory to a perrnitted use.
(3) Residences and other structures eonstructed on fillso that the basenent floor or first f1oor, if thereis no basenent, is at or above the regulatory ftoodprotection elevation. The fished fill elevationshall be no lower than oDs (1, foot beLoh, theregulatory flood protection elevation and sha1l
extend at such elevation at least fifteen (15) feet
beyond the linits of any structure or buildingerected thereon. FiIl shall be compacted and theslopes shall be protected by riprap or vegetative
covering.
(b) No use shalL be pernitted which rrill adversely affect thecapacity of the channels or floodlrays of any tributary tothe main strean, or of any drainage ditch or any other
drainage facility or systen.
(c) llanufactured boEes aad travel trailers/vehiclesprohibit€dt ia the Flood FriDge District.are
Uses that are not permitted or prohibited uses are pernittedonly upon the issuance of a conditional use pernit subj ect to thefollowing conditions:
Sec. 20-377.1 Conditional uses.
(1) Residences. Where existing streets, utilities and smallIot sizes preclude the use of fiII, other methods ofelevating the first floor (including basernents) above theregulatory flood protection elevation nay be authorized,provided that the residence is flood-proofed in
accordance rrith the Uniforn Building Code as adopted and
amended by the city. Altertrativ€ elevatioD Dethods othertLaD the uae of fill nay be utilized to elevate astructurers lorest floor rbove the Regulatory FloodProtectioD Elevatl.oD. llhese altertrative metbods nayiaclude the u3e of Btilts, piliDgs, parallel yaIls, etc.,or above-grad€, eaclosed areas such as crarl spaces ortucx unde! garages. The bas€ or floor of atr elclosedarea sbaIl be coasidered above-graale aDA not astructuret I basemeDt or lorest floor Lf: 1) the eiclosedlarea is .bove-graate oD at least ole sl.ala of thestructurei 2) is dealgned to interDally floodt aad iscoastructed rith flooal resistaat naterialsi aDd 3) isused sole1y for parting of vehicles, buildiDg access or
6
storage. The abov€-Doted alterDative elevation nethodEare subj ect to tbe folloring additional staDdards s
a.Design and Certl.ficatioa - fbe Btructurets design
aDA as-built coadltioD rust be certifi€at by aragl.sterad professioaal eDgiDeer o! architect asbeiag in cou[rliaBce ylth th6 gereral desigaBt"rdards of tbe State BuildiDg Code ard,specifically, tbat all slectrical, heating,veDtilatioD, pluobiag arrd air cotrditioDing
equipDetrt atrd other serr ice facillties nust be ator above the R6gulatory Flood ProtectioD Elevationor be dlesigled to preveDt flood yater flom enteriugor accumulating ritLiD these conpoDeDts during
titoes of f looaliDg.
b.Apecific EtaDdards for Above-grade, Etclosed lreas- lDov6-grade, fully eDclosed areas such aE crawl
apaces or tuck unaler garages Dust be desigDed toLrternally flood rDd tbe design p1aDs nuststipulate:
2.lhat the eaclosed area ril]' be deEigred offloodl resistaat naterials in accordaDce withthe rP-3 o! FP-t classificatious Ln the StateBuildiag code aDd shall be used solely forbuildiag access, parkitg of vehicles orstorage.
(2) Residential basenents. Residential basenents below theflood protection elevation nay be authorized if they areflood-proofed to FP-1 cLassification in accordance withthe Uniforn Building Code as adopted and amended by thecity. Resideatial basenetrt coastructiol shall rot bealloyed belbw the regul.tory flooA protectiol elevatioa.
(3) Nonresidential structures. connercial, manufacturing andindustrial structures shall ordinarily be elevated onfill so that their first floor (including basernent) is
above the regrulatory flood protection elevation but nay
7
1. The niainun area of opeaLngs iD the sallsrhere Latertral flooalilg is to be used as aflood proofiag technique. Iben openings areplaceal itr a structurers walls to provide for€ntry of flooal uaters to egualize pressures,
tho botton of aII opeaiaga shall be uo highertha! oDe-foot above grade. Opealngs Eay be
equipped rith gcreeDs, louv6rs, valves, orotbe! coverings or devices provldeA that theyparnit tbe autonatlc entry aad exLt of flooat
waters.
in special circunstances be dry flood-proofed in
accordance with the state building code. Structures thatare not elevated to above the regulatory flood protectionelevation sha1l be dry flood-proofed to FP-l or FP-2classification as defined by the Uniforn Building Code as
adopted and amended by the city and this shaLl requireuaklng the atructure ratertight yith the yallE
aubstaDtially iDperD€able to th6 passage of rater andlritb structural conpoDeEts havilg the capability oftesistiDg hydrostatic aral hydroaynanic loads aDdl theeff€cts of buoyaDsy. Structures flood proofeil to theFP-3 or 3P'l classificatioa aball aot be pe:mitted.
Structures flood-proofed to FP-3 or fP-4 classification
sha1l not be pernitted. Tbe cunulative placeneDt of fillrhere at ary oDe tine ia sxcess of oDe-thousandl (lrOOO)
cubic yards of fill is located oD the parcel shall beallowable orly as a CoDAitioDaI Use, uDless said fill isspecifically iDtended to olevate a structure in
accordaDce yith sectioD 5.21 of this ordinance. Tbestorage of aDy uaterials or eguipueut sbaIl be elevatedl
on fill to the Reg'ulatory Slooal Protectior ElevatioD.
({) As aD alterlative to elevation oD fi1l, accessorystructures that colstitute a niainal lavestnent atrA that
Ao trot exceedl 500 aquare feet for tbe outside dinensionat groulrd leveI nay be iaternally flood proofed in
accordaDc€ sith Sectlor 20-35? (1).
(5) FiIl shall be properly conpacteal aad tbe slopes sball beprop€rly plotectedl by the use of riprap, vegetative coveror other acceptable Eethod. The Federal EBergency
llaDageneDt AgeDcy (AE[A) Las establisbed criteria forrenoviug tbe special flood hazard area desigDatior forcertai! structures propsrly elevateal on fill above tbe100-year flooal elevatioa - FEIIAI s requirenentsiacorporate speciflc fill conpactiou and siale slopeprotection strnalarals for uulti-structure or nulti-lotdev€lopEeuts. Tbese ataDdarala shoulal be iDvestigatedprior to the iaitiation of site preparation if a cbaDgeof special flood hazalal ar6a desigaation will be
requeateal.
Sec. 20-378. Residential uses.
Residences that do not have vehicular access at or above anelevation not Dore than two (2) feet belo!,, the regulatory floodprotection elevation shall not be pernitted unless granted avariance. In granting a variance the city shalI specifylirnitations on the period of use or occupancy of the residence. Ifa variance to tbis reguirenent is graDted, the Board of AdjustneDtnust specify linitations oD the periodl of use or occupatrcy of thestructure for tines of floodtiag .Ddl otlly after det€raiDiDg that
8
sec. 20-379. Conmercial uses.
Accessory land uses, such as yards, railroad tracks andparking Lots nay be at elevations lower than the regulatory floodprotection elevation. Horrever, a pernit for sueh facilities to be
used by the employees or the general public sha11 not be granted inthe absence of a flood varning system that provides adeguate timefor evacuation if the area nould inundate to a depth greater thantwo (2) feet or be subj ect to flood velocities greater than four(4) feet per second upon occurrence of the regional flood.
Sec. 20-380. llanufacturing and industrial uses.
Measures shaIl be taken to nininize interference with nornalplant operations especially along streams having protracted flooddurations. Certain accessory land uses such as yards and parkinglots may be at lower elevations subj ect to requirements set forthabove. In considering pernit applications, due consideration shal1be given to needs of an industry rrho business reguires that it belocated in flood plain areas.
9
adlequate flood yaraiDg tiD€ 'hd loca1 flood €nergercy respoDse
Procedlures exist.
Sec. 20-381-20-400. Reserved.
STATE OF
h0h0trs@1rA
DEPARTMENT OF NATURAL RESOURCES
oNR tNFoFMAnoN 500 TIFAYETTE ROAD . ST. PAUL, MTNNESOTA . 55155.40_
(612) 29661 57
NoveDber 3, 1989
{T@7,-6ffi!\
.tF
The llonorable Ton HaDiltonllayor, City of Chanhassen
590 Coulter Dr.
Chanhassen, Ir{N 55317
RECE'YEO
Noy 3 0 1990
CI)Y UT CHANHASSEN
Dear l{ayor HaEilton:
NATTONAL FLOD INSIRAI{CE PROGRAI, COil}{tNIIy ASsEssuENT vIsIT
Thank you for the tlne that. paul Nrauss, aIoAnn Olaen, Dave Henpeland sharnin A1-Jeff sFent wlth ceil strius3 and irudy aouaieiu onoctober 13, 1989 to discuse flood plaln DanageDent in the city ofchanhassen. The raeeting vas condulted by oui ataff on behalf ofthe Federal EDergency.lranage,ent Agency irnrel tn consiaei;ai";-of your county, s continued partlcipation -ln tire fational fiooaInsurance PrograD (!Iffp).
During the courae of the neeting, several topics uere discussed,three of uhich require forlow-up' action uy tire clty as a"="ii.u"abelov:
Your Floodplain ordlnance is non-coupllant duc to 1986changes to federal requirenents of tire t{FIp. A copy of thenodel ordinanc€ uaa provided to lila. O1sen and Ur. kiauss fortheir uee. we Etronily - r€colDend that you adopt this rnoaei -
since It ls conartlani tirh atr etata ani teaerii ii;"d;i;i;regulatl.one. If the clty pref€rs to aDend tfre exfstini-----ordinance ue rould have to- reviev it !or. close1y to b6 surethere are no onleeions. Area HydroloslBt ceil strauss ii --
avallable to aseiat the clty tn-thls frocass. Althoughstate regulationa al1ow 6 nonthe to anend your ordinaice,federal regulatlone only allow 90 day8 for- anendnents tonon-coupliant ordinances. Itrls deadllnc vill occur on
irlnu?ry 10, 1990. It.is Buggested that you atteapt to Deetthe federal deadllne in order to avold any poselbie sanc-tions laposed by FB,IA. Becaus€ gtatc lau- aiao requires thata proposed local ordinanc€ be revleuad and approveh 30 daysprior_to.adoptlon, pleaae send any drafts beii.rg coneiaeiti-for adoptlon to lrl3. Straua3 by DeEeubcr 11, 1969.
AN EOUAL OPPORIUNITY EMPLOYER
Uayor ToD Hauilton
Page 2
Second, frou our discussion, it becane apparent that thecity does not have the for s and procedure3 for recording,
lnspecting and certifying elevatlons of the loueat fLoor ofperBitted structures. Drring the Beetl.nE ue provided sanpleforns which can be used ln thelr entlrety or in part, asneeded. They are helpful in that, once the proper floodprotectlon elevation has been detemined for a particularsite, that elevation can be specified on the buildingpelrit. After the atructure is built, the aa-builtelevation should be certlfled tn accordanca rith your
ordinance before a certificate of occupancy or zoning
conpliance ls issued. Please have thls aystet!, or oneeinilar to it, lDplenented by January 10, 1990.
Final1y, se discovered that City Staff did not reference the
Flood Boundary and Floodray Hap (FBFW) for the Chanlakes sthAddition developDent adj acent Riley Creek. The resultantfill in the viclnlty of Park Place (see attached sketch) has
encroached in the floodway, and a condltlonal use pernit
should have been required Ln accordance ulth section 4.2 ofyour Flood Plaln l{anagenent ordinance (No. 68). Further,your standarde for Floodray Conditlonal Uees (Section 4.32)state that nany fill deposited in the floodray sha11 be no
nore than the ninlnun anount necessary to conduct aConditional Use listed ln Section 4.2. te.g. open spaceuses, gravel extraction, railroad and storage yards,etc.l.i. The DaJor difftculties are that the fiU inpact is
unknoun, and that, according to your ordlnance, thisparticular section of fill nay onl.y be developed asindicated above.
A nechanisD exlate to renedy thls sltuation. FroD ourobsenration, ths area fllled does not appear to be necessaryfor conveyance of the loo-year flood dltcharge. Inaddition, thc Rlley-Purgatory-Bluff Cre€lc tfaterahed Districtapparently dlcl not feel that tbe flUlng ra8 detriDental toother developlent ln the vlclnity. Before allouing anyfurther industrial, connercial or office developnent of thissite, houever, lt is eesential to analyze the fill inpacts.ff, ar suapected, thls portlon of the flooaluay can be fill,edulthout increaeing potentlal flood dalag€B or atages, theClty yould then r€quest a I€tter of l,Iap Revision ( IO]IR) fron
FEI,IA. tfe recoDDend that the Clty requert agsistance fromthe satershed dletrlct engineer ln thlr procosa. DNR isavailable for guidance aB uell. In that the developer,sintent ls to develop thla eite ln th€ near future, ue
recoDroend that the City start this proc.s8 lDDeaiately, witha subDittal to FE!iA by Febnrary 2, 1990. (Enclosed gith theStaff copy of thls letter is a publicatlon by FEI{A shich is
a gruide for requestlng nap anendnents. )
I'layor Ton HaDilton
Page 3
we are confident that the flooduay fill ras an unintendedexclusion in the Cityrs nornal revieu process, and are ullLing toassist ln reeorving i,he lssue. rn addition, 6eciusi youi--tartindicated an interest, ue are including rith thelr copy of thisletter, info::natlon about a zoning softrare package d-veloped andcurrently belng tested by DNR. Eralning for use of the eo-ftwareviII be incorporated into the Shoreland training sessi.ons in thenear future.
In closing, ue are pleased that the Clty staff is anxious toresolve the floodway fill issue, and that the City in general isconcerned about floodplain DanageDent iasues and ordinanceiDplenentation. Should you have any questions relating toroutine floodplain Eanagenent they Bhould be directed €o us. CeilStrauss at (612) _296-7523. If you or your staff have anyquestions regarding this assessDent please contact Judy -Boudreau
at (612) 296-9224.
Sincerely,
Gibson, SupenrisorFloodpl,ain ![anageDent ProgranE*
?aul,*tt *
JG/JB
cc: ?erry Reuss-BhiDan, FE:ttACeil Strauss, Area Hydrologist
John Linc stine, Regional HydrologistPaul Krauss, Planning Director (u/ encloEures)
JoAnn Olsen, Sr. Planner
iier:' FEitl r- rui.:r- niry *II b. expected to adopt a ne\r that no ncw 0ood insurance studhs willmandate changes to ordimncc or antnd tu g,irtioq ordi- be done u ltinnesota. or, furdd a;
-, - ,.. ; ...- -.-..-:- natce to tecome _compliant with tlre techni:l uu.lysis wort *,ill be shhedr.'v!- avrr"Pr"r" new regulations. State law allows. a to emphasize re-sordi", ;t .";;ir;ordinances comrnunity six nonths to .rned ,ts changjs ;;edsting su:a*.
bvJoeGibson,DNR lm;"Hfi'.:x#'#T ffi'ffi}##"";
In Jub, f98S the Federal Emergerry y:19 P: zoning ordinance as rapidly thc pasL,tNoOL.tir*a.;.Tlr,,*-.
Management fueryy_ and tle Minne- T_ !9.asiute to avoid possible federal moie commuoity assessmcnt yisits
sota Departnent of Natural Resources sarEtions. (cAV's) ad mre esort-ild;6';
completed negotiatioos that will require _^1P9ut 3o counties and 4t'rc! ctr- -.t "" Gt .rry ffi,-* adstinistratiromost counties and cities in Mhrpsota r_enuy are in the process of adopting d"rue,r,es ui orrectcd.,,to reYise_OEir foodplah zoning ordi- 9:Tr' com.pliant.languag€. Many ari A conmn lsouem rhe Divisbn duarrces. These.changes are needed to sulPt reper.ling their old ordinances Waters has notca t ttc h}o. ; co;bring local 0oodplain zoning ordinarces entir€b and adopting tbe new oodel h -r,tr* t" ;r,14, th" as-buih devationsho compliance with cbanges in lederat ttsllace. oo struchrcs hlit h th. flffi-Tfi
regulations whbh sere icuultv effec- Shg yr.st coramunities revise.and a. r"ry-dr*d gage o( whether ative in 1986. - upgrade their zoning ordinarrces e€dod: ;m;b-E .d;d5, dirif;t".r;. The negotiation process has resulted 5{-_r, ^1e
encol5a8e any h.th,i .ih,"- it ;ffi"g. ffi-U* b Dred h tlEb the creation ofa Dew set of.,model tion to consider upgrading their CAV process, trr ouurtw i" *,rn0oodplain ordinances" for Minnesota. Pfplrin ordinances.at tte same tire. ,€qft ; '*bd dt*-tL;;;"i
Fdo*. i, . list.of .najor changes ttrat This may help reduce h€2riag aDd d;; th.tth".tn,t* r"as hft to thchave been included in the ievised notice costs. Any comnnrnity i" tt t rmer a."d. --dd 0oodptah ordinancerr si0ration should contact DNR 6r FEMA - 6-th. -*"tb".
U.S., FEMA hasl. The defnition of "basement" *.s &L get a .copy of the res Eodel be€n f;; to dace scveral coEmrai-expanded to inctude all berow s"d" :g::.t*:_t?qbt" to yo- tt* * p-u.6-6', arue to ccrtityare-as_endosed on all four siles. cofimuiity. one wa1 or aoother att ortinaocis or to-corrcct ordinance vb
33,r#::ar##$*iux;h'-',,l:"#1ihtrffiT*mr**"lg:,;*ruy5travel vehicles. NFIP) wiu be contacted dudag- tb achieved, thcse 'coornurities ril be3. changes were made in the appri- next three suspended fron tb NFIp,
?j:-n- of,-wet or dry floodproofing tich- As alwavs, vo,r DNR fuea Hydror- Iihr; tb.*-; oarv coryratcaniques for accessory su:rrcnrei and o9st or tbe Floodplain M3.usiment issues
-reEGj 6- nooapr"io ,.*e*substantial improvement to primary Prognm staff in St. Paul will *-l"ppy ,"ri, il-ffiit}g ofEcials ErststrucEres. ' to provide assistarce ana acvte
.ii k;6 t, .bd GIi;; mosr importart
_--| - -ch-e". were rnadc recuiring gdol]_u ?r ar:odiDg your ordinatlce. o*5r -.roit"i, ?*.m" ,na .r*rePEcement manulactured homes !o be .r ou @n also call on tlese same people vatioa.properly elevated and anchored. II_.1 hr. questbns about yd 0,id r.-whea revbwine protct plans atd5. Changes were rnade o incorpo- insurance rate maps, statc or federal p"r.it-apprt"ti"iai, you must filstrate specift enlorcement orocedures laws and regulations or hterpreutions a;i"rrr#;-i;i-t#iroper flood pro-for-de-aling with ordinance vi'otations of your local ordinarc. tffi;i;;;; fL ue site.
-,_9. ]rtot gr"."*u.4 changes.were Fr _ ! . 2. Wben ttre Uuitaing permit isalso Ecorporated to clarifv confusing ! loo{i insurance progfam is_suea, specfy
-on-ih" pdi;h;ilangrage.
iheLdresurtorthisprocessis..-^ emphasis changes in flT"S* ifrffi ffiJ f L'.iessentiallv at l"-r -o",iitii" i#J fSSS conflict, especially wben several sub-ordinances b the state ari now ry1 1989 will be ma*ed trr "New Begin- contractoE may bc hvolved iu thecompliant wrth fed€rar regu.raEons. This ,iid; i" G;-N;;; iior:d r,,sruzrrce prorcct.
ff ;',.?iff'.ffffifi.1*'"'ffi: "ifiLffil was rerayed r r; *m,Y*.Tm, tm#:ule for revising local ordinarces ana star [y"Noffirt'fil"iiid,r,*.* ., certified h accordare with yor ordi-these revisions will occ.r over a three- our s.it"-u.i-
"ooJiru6."
.ii"ill
nance .uerore-IffiE of ocorpat.yI-31 tiln" period.. FEMA agreea to trris Nort ii'tiie'iirirJ-crr*JJiirt" Federal or zonng compliarrce b issued.stratesy with the hope that a more E_mergen;y M;;;;;;-is;;'.;1: D"-di"-il-fiLr*rty.m,rathorouSh upgrade process will be (FElrf i il;i;;'-iii;;;; Hazards have very few pmbhms with the Federaraccomplished. Branch , alra;;.- rrr*g"-,iilifi"iJ#t Agency. tHow will B:_ o_rocess affect tocal uoiu iaJl;ii'tr,ti*.ror,governrnents? rf Disn oiirrrd-r.r,ua- munities ;-ih"-il;r8;;; ,f"rl"T; *::Jrr;:;: fj,,*r:"!:,r'r:iT i"rilules a communitv Assistance visit the .r..FIa t-'iil u"'i"ir"i"o to the l9g8, Minnesota Department of l(ao.(cAD in you' conmunitv, tre corunu- Regurar phase. I;.;;;;. means rat Resources, Division of waters.
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EFFECTS OF NON.PARTICIPATION IN THE
NATIONAL FLOOD INSURANCE PROGBAM
o Flood insurance will no longer be evdleble. Residcnts will not be able to purchase
a flood insurancc policy. This effect is inportant since matry privatc lenden are now
requiring flood insurance for loans they seanre whcn the property in question is in
an identified flood hazard area
o Federal grants or loans for buildings or proJcc.ts are uaarrilable in identified flood
hazard areas. This includes all federal agencie.s such as HUD, FERG the Small
Busines Adminisration, EPAand othcrs that maybe applicable.
o Federal disaster assistancr cannot be prwidcd in identificd flood he,ard areas.
o Federal mortgage insurance will not be evdleble for propcrties in the identified
flood hazard areas. This includes the FI{A, VA, Farmcrs Home and others .
o Restrictions can be placed on conventional loans in oon-participating ommunities
since lenders are required to:
Notify buyen or lessees ihat a popeny is h a flootl ltood ota anl,
Notily buyen or lessees thot prcperty in fld haCId oeas is rut eligible lor F&ml
disaster rclief when a disaster is dedand
o Actuarial rates for insuranc* will go into etrect regardless of whether or not a
community participates in the program Without a local floodplain ordinance,
insurance for unsafe and improper construction may be prohibitively expensive. This
may create properties that are then unsaleable at a future date. This outcome would
be triggered by a community's re-entry into the National Flood lnsurance Program
at a later date. Some reasons a community may wish to re-enter the program are:
I-arger shans of the bcal mongqe madet wittg FI{,a" VA or Fannen Homc for lmts ;
Anew legislative body or the change in philasophies of a aisting My mal r@gnize
the value of participating in the progran;
The comrrurnity moy desire to qply for aledeml grot orlmt a ftunce laal pojeas;
A major disaster moy triger tltc ftnotcial nud lor disasta asi:taw; an4
Changes in local political initiativa and plaforms.
o The local governing body may be liable since not participatiag in the program:
funics the ability of ix'citizens to pwchose fiud utd rcbted water donqe
hswance; an4
Does not rcduce the risk of Efe andpoperty ta tldingwha authoritativesdailffic
and technobgbal data exist n ossist conunwtitics in nouging tld ponc oeas. Up
to the pn-sent time therc hove bean no cowt frnd@ or rulings &essingthir oryd
of non-pattbipation
Reprina can bc obtained fron your Area Hydrologist or by contadiry aay 0oodplaia 'n",'.ger"cat cefi
at (612) 29&,18m. Minncsota Dcpartncnt of Naoral Rcsourccs-Divisim of Watcr& ApIq 1989.
Ttis document partially prcpaed through fuading p,rovidcd bra
The Federal Emergctrcy Maoageme Agency/Coonunity Assisalcc hogran
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CITY OF
CH[NIIISSEN
690 COULTER DRIVE . P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
DeceDber 7, l99O
!tr. John RutfordReferrals Coordinators
Itletropol itan Council
I.{ears Park Centre
230 East 5th streetSt. Paul , lilN 55101-1634
Dear ur. Rutford:
I have had an opportunity to review the najor conprehensive plan
amendment being requested by the city of Eden Prairie toincorporate 317 acres of land within the UUSA line. In ny capacity
as Director of Planning for the City of Chanhassen, I have preparedthe folLorring comEents. Copies of ny cornrnents are being forwardedto Chris Enger, the Conmunity Developnent Director for the City of
Eden Prairie. In the interest of saving tine, I am responding tothe proposal prior to it being reviewed by Dy Planning Conmission
and City Council . Should they have additional concerns, these wiLlbe forwarded to you.
ovERvrEw
The City of Chanhassen does not wish to oppose valid and well
conceived IIIUSA line expansions requested by any of our neighboringcomrnunities. We know first hand that grovth in the southwestern
suburban area in which ue are located has far exceeded theexpectations of the Metropolitan Councilts Regional litodel and thatthere are a number of comnunities, Chanhassen included, that wiII
be undertaking conprehensive plan anendments to account for thisgrowth and to allow our conmunities to continue to develop throughthe 199ors. As Ur. Enger and llany of the staff people at the liletroCouncil are auare, Chanhassen is on verge of subEitting a najor
comprehensive plan amendment of our orm for approval. This plan
amendment has been approxiroately 2 years in the drafting and willresult in the inclusion of approxiroately 2r600 acres of land intothe MUSA system for the City of Chanhassen since we have virtually
exhausted our supply of deveLopable acreage and ln no way confomto counci] guidelines of having a ten year supply plus a five yearoverage. we have several concerns and questions regarding EdenPrairiers current request. If ny DeDory is correct, this is the
llr. John Rutford
Metropolitan council
Decenber 7, L99O
Page 2
third uUsA line arnendnent or gruide plan amendment undertaken by theCity of Eden Prairie in the past 12 months. uetro council fileswiII indicate that the City of Chanhassen did not oppose the two
previous requests either, although hre did raise questions regarding
Eden Prairie's proposal to locate a neighborhood shopping areainnediately east of the Chanhassents Central Business District. Itis within this context that ue are raising the questions described
below.
1 SoutbyesterD EdeD Prairie DsyslopDelt Pbaalag atualy.
The city of Eden Prairiers rationale for exgranding the MUSA restsfargely on this study. It apparently is being used to update thecityrs courprehensive plan for those areas covered by the study.The plan lras dated Decenber, 1988. Since this effectively
supplants the Eden Prairie Conprehensive Plan, Dy first question is
whether or not the Southrrestern Eden Prairie Phasing Study was
adopted through the Metropolitan Land Pfanning Act process. f
contacted City of Eden Prairie staff and found that the study wasnever foraally reviewed. I am not certain whether this is
consistent with your policies but, since the study appears to be
reasonably well conceived, this may not represent a substantialissue. I night add tlrat the city of chanhassen has not only spent
several years of tine but has also expended considerable financialeffort, staff tine and the tine of Planning Conmissioners, City
CounciL and residents to adopt a conpleteLy new comprehensive Planfor the 1990rs to support our community I s MUSA line amendnent. It
rras our belief that this was the appropriate mechanisn to utilize
since we rrere proposing a significant departure frou our 1980 pl.an.
There is a further question of the cityts being able to justify
inclusion of acreage that is clearly labeled as being beyond theyear 2000 lrIUsA line in the pIan. We fuJ.ly understand hot
develop:nent realities over the past 5 to 10 years can exceedprevious expectations since this clearly happened in the City of
Chanhassen uhere ue experienced 100t populatlon growth and 300*
enploynent grorth essentially in the span of approxinately 5 years.
Hoi'rever, the Eden Prairie study Is onLy two years o1d and we hrould
have hoped it would have been Dore refLective of actual developnenttrends than any 1980 developnent plan could be sinpJ.y because ofthe tine that has eLapsed.
2. aaDltary 8ev.r.
The Sanitary Sewer Plan contained in the Southrrestern Eden Prairie
Devel.opnent Phasing Study appears to be based on the preraise that
Eden Pralrie is to be entirely 6e1f contained. The City of
Chanhassen is not necessarily opposed to this, however, rre uould
ask the lletro Council to resolve questions of service for southern
l!r. John Rutford
Metropolitan Council
Decenber 7, l99O
Page 3
l. Irafft.c 8tudy.
Chanhassen. Southern Chanhassen iras to be served by the originallyproposed Bluff Creek Sanitary Serrer Llne uhich now no longerappears to be a possibility. At the saEe tiDe ire are bracketed by
Eden Prairie on the east uhich does not anticipate providing anyEervice to aouthern Chanhassen and Chaska on the uest whichlikewise does not propose to provide any eervice. We are not
opposed to Eden Prairiets p1an, but in thls instance and on otherrelated matters Euch as Chaskars guide plan anendments, we haverepeatedly asked to have the long terE issues of sewer service tosouthern Chanhassen explored before options are elininated. Aswith earlier responses to Eden Prairiers plan requests, the City of
Chanhassen is asking the Uetro Councll to confirn that the Lake
Ann/Red Rock Interceptor will have adequate capacity to acconmodate
Chanhassenrs growth in light of the current request.
3. Surfacs rater Dral.Dage.
Ihe Eden Prairie Plan indicates the construction of two roajordischarges into Lake Riley or a creek flowing into Lake Ri1ey. We
do not necessarily oppose these neasures but strongly believe thatthe irnpact of these discharges on water quality should be exptoredprior to their construction. ?he City of Ctranhassen has re-entlyadopted a Surface l{ater Utility prograrD. This is one of theactions we conmited to undertaking our new Coroprehensive p1an. Theprogram ls designed to coraprehensivety deal lrith issues of surfacewater nanageDent, wetland protection and uater qualityinproveroents. The pLan has a heavy focus on uater quality since weare sensitive to protecting the naturaL assets of- our Community.Iake Riley has been identified as a trlake under stressrt by tlelretro Council ltydrologist. I{e are further concerned thatdischarges fron Lake Riley that ultirnately wind up in the l[innesotaRiver coui.d have a bearing on the llinnesota River water gualitywhich is currently being investigated by Metro Council. Irepresent the City of chanhassen on the Technical AdvisoryComnittee working on this problen and It is clear to ne thalupstrean water quality improvenents are going to be required to
meet the downstream goals. We vould be wiJ.ling and anxious to workrith City of Eden Prairie Staff to cooperatively address thisissue.
The Southlrestern Eden Pralrie Phaslng Study inctudes a trafficstudy prepared by Benshoof and Associ.ates. we believe that thisstudy was based on erroneously low trip estinates fron connunitieslocated rrest of Eden Pralrie. we strongly suspect that the
rnode). ing was based on the Irtetro Councll ! s Regional lrIodel which weknow to be seriously out of date relative to developnent that isactually on the ground in our conrnunltLes and to developrnent that
ur. John Rutford
uetropol itan council
December 7, l99O
Page 4
we expect to occur in the next 10 years. with thls problen innind, the Cities of chanhassen, chaska, Waconia, Victoria and
carver and ca:i\rer county cooperatively developed the Eastern carver
county Transportation Study. ltodeLing conpleted for this study
indicates significantly higher volumes of traffic ttren lndicated inthe Benshoof study on east/uest roads servinq our conmun j.ties.
This does not necessarlly uean that Eden Prairie Ehould Limit
devel.opnent nor do we believe that lt inplies our conmunities
should be lfunited since roadway iuprovenents are underuay orcontracted. However, we do believe that the new data should betaken lnto account by Eden Prairie and, on behal.f of the
conmunities that participated in the Eastern cariver county Study,
ue Lrould be willing to work uith Eden Prairie and Hennepin countyto update thelr forecasts and tould encourage them to do so.
lrhe folloriDg questioDs pertaiD to the aDarrels oD the aEplicatioD
sheet:
5. rteE 2 B c indicates that there is no inpact on existing tripgeneration from the current request. Unless I misunderstandthe question, it is dlfficult to argue tbat the inclusion of
over 3oo acres of land into the uusA line will not have any
iurpact on area roads. Clearly, lt uiD and while ne believethat it can be acconnodated, any irnpact should be assessed.
5.Iter v c indicates that the plan aDendnent rrill not have any
irnpact on uater guality. we hope that this is the case but
wouLd ask that questions raised above relative to the large
discharges into Lake RiJ.ey be researched.
In the l{etro Council application for a uaJor courp plan
anrendment, many of the questions refer to Attachnent A asproviding the ansrrers that are requested. Throughout our
review of this Daterial, we have tried to ascertain what theintent of this reguest ls. Unlike the two previous reguests
we have reviewed fron the City of Eden Prairie, there is noactual developnent proposal beLng reviewed that we are awareof for this area. We do not obJect to this and certainlybelieve it is appropriate for a conraunity to undertake what uebelieve Chanhassen is doing to plan for adequate gror,rth overthe next decade. However, uhat ue find curious is that EdenPrairie is naking a case that the lletro Council Regional lrlodelhas alLocated a certain amount of growth to their conrrnunityand that to acconmodate that growth they need the expanded
UUSA line. The City of Chanhassen ls painfull.y arrare that thelletro Council Regional }{odel contains significant errors inthe southwestern suburban area. The Eost recent SysteDS
Statement projects a year 2000 population of 10,OOO rrith 4,500jobs for the City of Chanhassen. In 1990, we have over 12,OOO
7
si Y,
u Krauss, AfCPDirector of Planning
PK:v
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Chrls Enger, Clty of Eden Pralrie
Ann Hurlbert, Director of Conprehensive PlanningPlanning Connissioncity council
Hr. ilohn Rutford
l,letropolitan council
Decenber 7, 7,990
Page 5
population and 5rOOO jobs. Thus, we certainly rrould not makethe case that the Regional ltodel should drive developnent in
chanhassen for if 1t uas to do so, ue rrould have to be nakingtravel arrangenents for substantial nuDbers of our residents
and enpl.oynent opportunities to Deet the Dodelts goa1s. Thisis not Eden Prairiers fault, but I aD concerned that theRegional l{odel can allocate grovth into one conmunity andtherefore, provlde the ratlonale for continued expansion ofthe UUSA line shil.e in a neighboring connunity, virtuallyacross the Etreet, it forecasts a significant decline frondevelopnent that is on the ground today. We do not wish tostand in the uay of reasonable uell planned growth of any ofour neighboring conmunities and do not view ourselves to be inconpetition wtth then. During the 198ors, the City of
Chanhassen greu at a substantial pace at the sane time therewere considerable developnent opportunities available inneighboring coununltles and indeed these conmunitiesthenselves experienced rapid growth rates. We are ful1ywilling to Let peoplers natural instincts on where to reside
and work to take the wrong course but becone greatly concernedwith rrhat appearE to be micro-management of our futures by aforecasting nethodology that, in our instance anlmay, isclearly urong.
SUI,IUARY
I rrant to thank you for the opportunity of being abte to cotuoent onthe Eden Prairie Plan. I rrould be happy to respond to anyguestions that Day arise fron Iqetro Council 6taff and f an atsoforwarding a copy of these connents to the City of Eden prairie sottrat ue nay initlate a dialogue with theu on these lssues.
Clty ol Eden Prairie
City Offices
Sincerely,
L rutc oilL
,r"\
7600 Executive Drive o Eden Prairie, MN 55344-3677 . Tel€phone (6121937-2262
November 23, 1990
City of Chanhassen
7610 kredo Drive
Chanhassen, MN 55317
Dear Sir or Madam:
As a requirement of Metropolitan Council guidelines for MUSA line expansion rqpests, we are
sending you a copy of our recent application.
If you have any questions regarding this application, please call me.
,w!(;/rzr
David Undahl
Planner
DL:ctk
enclosure
RECEIVED
llov 2 6 l9e0
C|TY Of grulrruPsur
&
INFORMATION SUBMISSION FOR
MAJOR COMPREHENSTVE PIJN AME{DMENTS
This sumrnary uorbheet must bc filled out and submitted to thc Mctropolitan C-ouncil with ampy of cach proposed major comprehcnsivc plan amcndmenL A rnajoi comprehcnsivc plan
amendment is defined as:
1. A complete revisioq update or rcwritc of an cxisting comprchensive plan in its intirery.
L A major plan ranisioq updbte, ranrritc or rddition o a chaptcr or clement of an cxisting
comprehensive plan.
3. An amcndmeat triggercd by a propccd dcrrclopment that rcquires ao Eavironmcntal
Assessment worlshect (EAW) or Envimnmcnral Inpact StaGmcat (EIS), u actinea in
Minnesota Rules 1989, Parrs 44I0.43@.44q), and is
-inconsistcnt *ittr tti crlstnj
comprchensirrc plan; or
4' A change (land tradc or addition) in the urban service area invotving 40 acrcs or more"
.. Please be as speciFrc as poasille; attach_ additiooal cxplanatory matcrials if nccessary. I[ a staff'i report was prepared for the Planning commission oi city council, please attach it'as,rrcu.
send plan anendments to: John Rutford, Referrals CoordinatorMetropolitan Councj.I, lIears park Centre230 E. Fifth St., St. paul, tIN 55101-1634
I. GENE&{L INFORMATION
A Sponsoring govcrnmental unit rir v r)f Fdc n Pra i ri
Name of local contact
Address 7600 Ex
Perygnecut l v e Drive Eden
hri er
ra rle,
Telephone 937 -2262
Name of Preparer (if different from contact person)Drv{d Lindah !
Date of Preparation
B.Name of Amendment
DescriptionrSummary
Eden Prairie MUSA E xPansaon
See Attaclltne NEA
C. Plcase attach thc following:
l.
z
3.
Firrc copics of thc propccd ameodmcoL
A city-widc map showing thc location of thc propccd changc.
Thc current plan map(s) indicating rhc area(s) aifcct"4 if thc amcndmcnt
triggers a map change.
vi
4.
What is the ofEcial local status of thc plan amendmcnt?
appropriate.)
(Check onc or more as
x Acted upon by planning commission (if applicablc) on Septenber 24, L990
E
--I
APPro\rcd by goveming body, contingent upon Mctropolitan Council ranicw,October 16, 1990
_ Coosiderd but not approt cd, by gwcming body on
Indicate what adjacent local gorrcramcatal uuis atrccrcd by the change havc been
sent copies of the plan amendmcnt and the date(s) copies uare sent to thcm,
Notitication of "tr8!*.di"sF1LE-tBp*Elf, y*cr'.Jigr's+rB'"818!g'#,
Community discharges to morc ahan one mctropolitan interccptor.
x NoNot Applicablc.
_ Ycs Indicatc which interccptor will bc affccted by thc amcndmcnt
and what will be thc nct chaogca in flows?
amendments-DNR,
Riley-Purgatory Watershed, MN/DOT, Hennepin County Dept. of
Transp. , School District,City of Chanhassen, Eden Prairie
Because of the comprehensive nature of most major ptan amendmentsr a summary checklist is
attached to help ensure (hat thc amendment is complcte for Council revicw and lo dctcrmine
whether the proposed amendment is consistent with the metropolitan sptems plans or other ,
chapters of the Metropolitan Development Guide. Plcase indicatc whcther tht amendment
affecs the following factors. where ir does,-the materials submirtcd must fully addrcss the
issue(s).
II. IMPA T ON REGIONAL SYSTEMS
A Wastewater Treatment
Change in ciEb year 20ff,f20t0 tlor projections.
x No/Not Applicable.
_ Yes. What will bc thc nct change? Horr urcre th6e celculated?
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The propccd plao map(s) indicating area(s) affected, if rhe amendment
triggen a map change.
D.
Other
B.Transportation
l. Relationship to Council policies rcgarding metropolitan highways.
_,:x No/Noa fuplicable.
Yes.
Change in type and intensity of tand rscs at interchanges and othci
locations within a quarter-milc of the metropolitan highway q6tem?
* No/Not Applicable"
Yes.
3. Impact ou existing trip gencration-
x No/Not fuplicable.
Yes-
4.
No.
C Aviation
Impact on regional airspace.
)
Capacity of road ncnvork to accommodatc planncd tand use(s) (including
metropolitan intcrchanges).
No/Not Aoolicable-T y.* seA' Attachment A
5. Impact on tra$it and parking stratcgies.
* No/Not Applicable.
Yes.
Does-the proposed amendment contain any changc to the functional
classification.of roadwap? (Thesc changes requiic Transportation Advisory
Board (fAB) review.)
1
x_ NoNot Applicable"
Ycs.
2 Impact on airpon scarch area
x NoNot Appticablc-
Yes
vlll
6.
x
_ Yes, Dscnbe which roadnays.
J Consistency with guidelines for land use compatibility with aircraft noisc.
_l NoNot Applicable.
Yes.
4. Consistency with the long-tcrm comprehcnsivc plan for an airport in the
vicinity of the community or proposed derrclop'ment
x_ NoNot Applicable.
Yes.
III. IMPAST ON METROPOL TAN DEVELOPMENT AND ITWESTMENT FRAMETYORK
A l:nd Use
1. Describe the following, as appropriate:
Size of affected area in acres 317
Existing land us€(s@mi Iy Residential
Proposed land use(s s ame
Number of residentiaLdwellin-s-unis and-trmes.involvedapprox].mately uuu acrclrtronal.'un].ts
Proposed density 2.5 units Der acre
Proposed:quare footage of commercial, industrial or public buildings
Change in the cityl population, horschold or employment forccasts for 2000, or
any additional local staging contained in the original plan.
* NoA.[ot Applicabla see Attachment A
Yes.
C. Change in the urban scrvice area boundary of the community.
a.
b.
c.
d.
e.
I
T-NoNot Applicable.
Yes.see Attachment A
D. C-hangc io the timing and staging of development within the urban scwice area.
x_ NoNot fuplicabla
Ycc
see Attachment A
1x
D.Rccrcation Open Spacc
l. Impaa 9n cxistiag or futurc fcdcral, state or rcgional rccrcrtional facilitics.
_L Xo^tot fuplicable-
Yes-
B.
ry. IMPACT ON HOUSING
A Impact on the supply and affordability of housiug q/pcs oeccssary ro scrve
persons at dillerent stages in thc life cplc.
B
c.
Impact on thc supply and atfordability of housing qp6 ne.6sary ro scrve
p€rsons at varying incomc levels.
?-
-r-
NoNot Applicable.
Yes.
NoNot Applicable.
Yes.see Attachment A
Impact oa thc communityk numcrical objectiraes for tow- and moderatc-income,modestst market ratc, and middle- and upper-incomc bousing unir.
x NoNot Applicable. ' /\ i:
Yes.
1YATER RESOURCES
A
'T-Yes.
No.
B. Will rhe wetland bc protected?
x_ Ye.. Describe how.see Attachment A
c
Yes.
No.see Attachment A
D. Will the watcr body bc protectcd?
x Yes. Describc how.
No. Exolain whv not.
Does the plan amendmcnt affect a Minncsota Department of Natural Rcsources
or U.S. Arny Corps of Engineers protected wertand? If yes, describe q,pe of
wetland affectcd and show location on a map.
will the plan amendment resutt in runoff which affecs the quarity of any surface*zter body? If yes, identify which ones.
x
x
v.
see Attachment A
_ No. Explain why noc
see Attachment A
VI. IMPLEMENTATIONPROGRAM
A Change in zoning, suMivision, on-sire sewer ordinanccs or orher oflicial controls.
-l NoNo, fuplicablc.
Yes.
tjp0037l
0a.18.90
xi
The City of Eden Prairie is requesting that its Comprehensive Plan be amended to include an
additional 317 acres !o its currcnt urban service area. The City initiated this request in order
increase its u6an land supply to a level that wi[ accommodate iorecasted tand demand in faen
Prairie. This request can be supported for the following rcasons:
- The Metropolitan Council land demand forecasts exceed Eden Prairie's total urban land
supply by 475 acres. The proposed amendment is consistent with the Metropolitan
Development & Investment Framework policies on adequate urban land supply. Adoing
317 acres to the city's curent land supply will keep the total supply within ihe-council's
forecasted demand.
Attachment A
I. GENERAL INFORMATION
B. Description/SumnarT:
1990 2000 90-2000
Housing Units 13,000 17,500 4,500
COI]NCIL LAND DEIVTAND 199G2OOO
Residential *l,900
(4,5@12.5 unitVacre)
Commercial/Office
Streets and Alleys 395
Parks 90
TOTAL 2,t75
COI,]NCIL LAND DEMAND VS. SUPPLY
1990 - 2000 Demand 2,875
5 year overage t,437
(.5 of90 - 2000 demand)
Demand * Overage 4,3r2
Land Supply (April '90)3,837
DEMAND OVER STJPPLY 475 ACRES
' The balance of land available for development in southwest Eden prairie is guided for low
density residential development, with a maximum allowable density of 2.i unit/acre.
COUNCIL HOUSING UNIT FORECASTS
250
Industrial 300
Public 40
II. IMPACT ON REGIONAL SYSTEI\{S
B. TRANSPORTATION
rV. IMPACT ON HOUSING
A & B. IMPACT ON AFFORDABLE HOUSING
Adding developable land with large parcels will allow the City to facilitate larger tract
housing developments, which in the past have accounted for many starter home projecb
in Eden Prairie. These parcels are more conducive to large Planned Unit Developments,
which allows developers more flexibiliry for providing a variety of housing t1pes.
V. WATER RESOI,]RCES
4
c&D.
Most of the land immediately west of future Dell Road is outside the current MUSA line.
Extending the current MUSA line will enable the City to finance the construction of Dell
Road south of T.H. 5 through area wide assessments. Dell Road will be the only north
& south collector in this section of Eden Prairie and will be critical in relieving
congestion from CSAH 4, and in facilitating future traffic.
III. IMPACT ON MDIF
B & D. CHANGE IN CITY FOPI,JLATION/STAGING OF DEVEI,]OPMEI{T
Will not change the City's population or household projections for 2000. The City
population & household projections do not consider MUSA constraints. The City's
Southwest Area Development Phasing Study will continue to maintain orderly growth in
southwest Eden Prairie. See page 55 of attached Southwest phasing.
Expanding the MUSA line in southwest Eden Prairie will not impact water quatity. All
subsequent development proposals for this area will be subject to a complete review by
the City of Eden Prairie, DNR, Army Core of Engineen, and the Riley-Purgatory-Bluff
Creek Watershed District. The City is obligated to maintain or improve water quality in
its lakes and water bodies.
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Summary Report
December 19gg
Report prepared by:
[liii|{FiXBB BEi o^,?,,, * "HANSEN THoBp pELLINEN .or-s6N,
tNc.
829-0700
944-7590
20 December 1988
SubJ: SOUTHWESTEBN EDEN PRAIRIE DEVELOPMENT PHASING STUDY
PROJECT 52-139
BENSHOOF & ASSOCIATES,
tNc.
The Brauer Group, lnc.
61 16 Parnell Avenue
Edina MN 55424
Donald G. Brauer
Reg. No. 6120
Benshoof & Associates, lnc.
7901 Flying Cloud Drive
Suite 1 19
Eden Prairie MN 55344
James A. Benshool
Reg. No. 10161
HTPO, lnc.
7565 Olfice Ridge Circte
Eden Prairie MN 5534,
HANSEN THORP PELLINEN
OLSON,INC.
rr-\
Steven L. Pellinen
Reg. No. 15345
THE BBAUER GROUP,
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944-7533
Cily of Eden Prairie
7600 Executive Drive
Eden Prairie MN 55344
d.
Ladies and gentlemen:
we appreciate the opportunity to submit our recommendations for development phasing in
lhe southwestern area of Eden Prairie as authorized by the city in March ol this year.
The work could not have been completed withoul the timely and appropriate preparation ol
data and inlormation, review, critique and general support ol key city staif people during the
period of our investigation and analysis.
we are available at your request to make presentations, assist in the evaluation of
development proposals and to prepare additional, more specilic plans or designs for
elements ol the study proposals as maybe appropriate.
Sincerely,
L'titL
We hereby certify that this report was prepared by us or under our direct supervision and thatwe are duly registered professional engineers under the laws of the State oi Minnesora.
TABLE OF CONTENTS
COVER LETTER
LISTOF FIGURES
ABSTRACT
page 3
page 7
page I
page 1 1
page 1 1
page 12
page 15
page t7
page 19
pagE 2l
page 23
Page 25
Page 27
page 51
page 53
page 55
page 57
page 59
page 61
page 63
page 65
page 69
page 71
page 72
SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS
Existing and programmed Conditions
The Fu[ Devetopment ptan Basis
The Development phasing Concept proposat
D(ISTING ANO PROGRAMMED CONDITIONS
Orientation
Oevelopment phasing Area
Existing and programmed Land Use
Existing Topography and protected Weflands
Existing and programmed Roadways
Exisring and programmed Utitities
Existing Drainage
THE FULL DEVELOPMENT PLAN BASIS
Sanitary Sewer System
Water Main Syslem
Orainage System
Roadway System Overview
Roadway Netwoft
Tratfic Analysis Sub-zones
Year 2005 Daity Volumes
Analysis o, Need lor Dell Road tnterchange
Recommended Functional Classi,ication;l Roadways
THE DEVELOPMENT PHASING CONCEPT PR6POSAL
Oevelopmenl Conslraints ard paramelers
Recommended lmprovements lo perimeter Roadwavsuevebpment sub.areas phasing concept
Sub.area 1 A phasing Recommendations
Sub-area 1 B phasing Recommendations
Sub-area 2AB phasing Recommendations
Sub-area 2B phasing Recommerdations
Sub-area 3 phasing Recommendations
INFBASTRUCTURE FUNOING ALTERNATIVES & COSTS
Funding Altematives
Eslimated Costs
Becommendalions
APPENOIX A. TRAFFIC FORECASTING MEIHODOLOGY
APPENDIX B. PHASING ANALYSIS OF PERIMETER ROAOWAYS
APPENOIX C - COST ESTIMATES
APPENDIX D. SANITARY. WATER & DRAINAGE METHOOOLOGY
APPENOIX E. BIBLIOGRAPHY
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page 31
page 33
page 35
page 37
page 39
page 41
page 43
page 45
page 47
LIST OF FIGURES
EXISTING AND PFOGRAMMED CONDITIONS
Figure I
Frgure g
Frgure 10
Figure I 1
Figure 12
Figure 13
Figure 14
Figure 15
Figure 16
page 14
page 16
page 18
Page 20
Page 22
gage 24
page 26
Page 30
page 32
page 34
page 36
page 38
page 40
pa9e 42
page 44
page 46
page 50
page 52
page 54
page 55
page 58
page 60
page 62
page 64
FULL DEVELOPM ENT CONDITIONS
Sanitary Sewer System
Waler Main System
Orainage Syslem
Roadway System Components
Roadway Network
Tratlic Study Sub-areas
Year 2005 Daily Volumes
Analysis ol Oelt Road/T.H. 212 lnterchange
Recommended Functional Classilication
DEVELOPM ENT PHASING CONCEPT
Development Conslrainls & parameters
Becommended lmprovements to perimeter Roadways
Development Sub-areas
Sub-area 1A
Sub-area 1 B
Sub-area 2AB
Sub-area 2B
Sutrarea 3
Figure 17
Figure 18
Figure 19
Figure 20
Figure 21
FigluIe 22
Figure 23
Figve 24
APPENOIXC
Figure C-1 Ma,or Drainage lrprovements
P.M. Peak Hour Traflic projections at T.H. S and C.S-A.H. 4
Potential Additional lmprovements at C.S.A.H. 4/T.H. s
1990 P.M. Peak Hour Tratric proiections at T.H. S/De Road
Polenliat Temporary lmprovements at Dell Road/T.H. 5
P.M. Peak Hour Traflic proiections at C.S.A.H. I and Scenic Heiohrs RoadconceptPlan,orcounty4/ScenicHeightsRoad/T.H.21
APPENDIX A
Figure A-l year 2OOS primary Study Area Tdp Distrihrfion
APPENDIX B
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Figure 1
Figure 2
Figure 3
Figure 4
Figure 5
Figure 5
Figure 7
Orientation
Development phasing Area
Existing & Programmed Land Use
Existing Topography
Existing & Programmed Roacrways
Existing & Programmed Utilities
Existing Drainage
Figure B-1
Figure 8.2
Figure B-3
Figure B-4
Figure B-5
FQure 8-6
ABSTRACT
This study was authorized by.the city of Eden prairie in March, 19gg and approved toproceed by lormal proposal signed on March 19, 19gg. The inient of tne stlEy-was toprovide a lactual and practical basis lor the approval of development ptans in inesouthwestern area of the city, and to enable such approvals to be rendered in an orderlyand eflicient manner. The intent was not to unreasonably restrict, but ratrer ioaccommodate development in an orderly way by matching grofih with neededinlrastructure in a manner which does not acteterate or pus-n deveropment.
To complete the study, investigation was made into existing and future capacities of tourmajor infrastructures: public roadways, sanitary sewer, water and drainage. The initialtask was to establish a lull developmenl plan lor the eniire study "r"" *iti
"on..ptr"llayouts lor each infrastructure system. The lull development plin became the basis forsubsequent deve.lopment phasing analyses. Each system was tested lorconstraints onoeveropment ancr to determine which systems, if any, might impose limitations fordevelopment in a particular area. Finaily, conclusioni and recommendations were madeconcerning parameters which may be used reasonabty lo establish development patternsand priorities.
The consultants lorming the study team incruded rhe Brauer Group, rnc., red by DonardBrauer,.responsibre for generar pioject coordination and oversight,'liaii-n witrr iuoric anoprivate interesls and review and presentation of study results; Benshool & Associates, tnc.,led by James Benshoot, responsible for analyses and recommendations related to tratficand roadways; and Hansen Thorp pellinen Olson, lnc., led by Steven pellinen,
responsible lor analyses and recommendations related to sanitary sewer, warer anddrainage. systems, tor editing and production of reports and for prime consurtant
The city sta{f liaison team inctuded carl Juilie, city Manager; Gene Dietz, Director orPublic works; chris Enger, Director or pranning;Aran ora'y, city engin;-i;Eoi-'i"ro.rt,Director ol Parks, Recreation and Naturar Res6urces; anosupp'ortirig starf.
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SUMMARY OF CONCLUSTONS AND RECOMMENDATIONS
Existing and Programmed Conditions i
The study area consists of nearry 3,600 acres of mostry undeveroped rand in thesouthwestern quadrant of the city ol Eden prairie. Rpilroximatelf r soo acies o, the studyarea lies within the exisrino year 2ooo Merropotitan Ur6an servic'es A;;rtu-sAi Most orthis land is programmed firiow-densiry *rii.;ti;i d"reropment, with a rimired amountprogrammed for parks and other pubric or quasi-pubric open space and a very smalamount programmed ror commerciar deveropment. one'erementary schoorii
"rrrantty
lnlrastructure systems (roadways, water distribution, sanitary sewer and drainage) rangelrom nonexistent to weil-deveroped, depending an thJ partici.,rar area. ceneraJiv, il.,"inlrastructure is characteristic o't ttrat toirno in furar arlis adjacent to devetopinj areas. n
Hi"^f_"1ry._rroadway system is in ptace wtrLn wirineeo io be upgraded ind-rnrerconnectecl as development proceeds. The Red Bock lnlercepio-r sewer is underconslruction and will make sanitary sewer service available eventlally to tne eniii. .rroyarea. Trunk water mains are enended or ptanned to lhe edges oitn,j riuov #a in several
9::!g1.:_IE drainage sysrem mosrty consisls ot naturatdiainage *rvi riitn "1.*curvens and storm sewers in scattered locations. A number of Din_pr6tecteo wetlancsexist within the study area. The chain or Lakes rrunk srorm sewer is in prace in thenortheastern part ol the study area and can serve a portion ol that area.
A significant upgrade is programmed lor state Highway 5, adding ranes, channelizarionand signals by December r990 through the studfarea. The majir program;eJ irarricimprovement for rhe studv area is thju.s . fign;,tiy azfreeway
"t'an-rniieciried tururedate.
The Full Development plan Basis
The major componenls for each intrastructure system were developed lor the entire studyarea. Using programmed land use assumptions and criteria, each'infrastructuie was givena reasonable conceprual design, incruding size, capacity and general rocarion.
-
A conceptual roadway network with tratfic torecasts was raid out. Upgrades arerecommended ror a number of key intersections, incruding state xwyl stco. x*. a; Hurv.
SP9EIi.lwy SrHerirase Roai;and Co. nrry. +TScenic Heishrs hoao.F{ecommendations are made for a freeway inrerchange at the fiture Hwy. 21?Dell Road
:[.T]f 3;liXi:H::T:lX jt'"T""tTT.l,'".":",'"8,",.,#l*L:f,:]**ffi -'
Tte_conceptuar sanitary sewer syslem is served armost entirery by the Red Rocklnlerceplor sewer. Four main service areas havsbeen ioentiti6o ivnicn'r"yillrir" trnxor sub-lrunk classification. The remainder ot tnoarea can be served by r"i6r"ri",n"r..while gravity sewers can se.rve most of the study arel, a totar of rour rifr stations arerecommended for ultimate development. only one ot the litt stations ii neeJeJ-to se.u"areas within the MUSA.
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The conceptual water distribution system invorves the extension and rooping of trunk watermains currently extended to.the perimeter or te itrov area. A number or sinailer roops arerecommended between rhe trunk mains. The size an'd capacity of the trunk mains appearslo be adequate in most areas for low density residentiat s6rvic6 wirhout looping ol rhe trunkmains (looping ol laterar mains is recommendedl. However, for adequate tire irorectionand continuance or serviceevenruar rooping is recommended. rt is particutaayrecommended that the trunk main near ihe-cedar Ridge schoor ue ioopeo lri'or ro tneopening of the school in Fall 1999.
The.conceptual drainage system was deveroped rrom an anarysis of sub-watershedswithin the three. major watersheds or the stud'y "iJi.
-storr*ater
detenlion isrecommended in a number. ol areas where protected wetlands or significant trees shouldbe preserved or in areas where existing oeiptepieisions can be rdadiry *"Jiominimize pipe sizes. ln areas wnere ploposEd ;il;;i.", are quite targe, it isrecommended that additionar ponding studies be'made at lhe time ot iereiolrenr
ryopg:gq to.derermine if pipe size reluctions are feasibre. o"rerofr.niin 5nyir."sh.uld take into account the urlimate drainage patters to and trom thar area.
The Development phasing Concept proposat
The,sequence,.or phasing, that development within the MUSA might rogicaily foflow was
::Tli^d^:"::lylll.^ J!:pl-o""t .of derenninins the most orderty ani ert-e-Jve,prrasins ror:^:]:]:li.il was comptex. .Brie{ty, it invotved superimposing ail ol rhe individuatrnrraslruqure sysrems and determiningtey constraints or paiameters tor development. ltwas determined that the oewrgnlelienising Arei isrudy area witnin tne rrrusA) courdbe divided into five sub-areasdefineo uy tn-sE rey cJnstraints and paramelers. phasing
for development in thar oart ot the study arei rvind *trio" t,e MUSA was not specificailyaddressed but was assumed to occur dt sor"irt-rrr time atter the rive sub-areas havesubstantially developed.
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The major constrainrs to deveropment proved ro be more geographicar and sequentiarralher than incrementar. That is, with d corpre.oierceptio-ns, irre capr"itr.. otln.infrastruclure trunk systems ate Iarge enouf,trlo
"rroi, "rtan.ions
of greal distances withinlow-density residential areas- Thus] ne ptriiing oi Jeretopmeniue"-"r"'ifr".rion ordefining areas wirhin which the inlrastructures tt'aJio o"ueiop rrom oJineJsiarting pointsand given sequential needs.
T-he-notable exceptions to geo$aphical and sequential constraints occuned within theroadway and water distribution infrastructures. the interseaion ot county Highway 4 withState Highway 5 has a tevet of service p6r;;;;; io;ustiry some timitations rodevelopment untir certain improvements are madE. erdo, in'some ar"", i"r"ro-pr..rshould be limited untir roadways are rooped to pioriie access rrom more than onedirection. Likewise, trunk water mains shourd ioi oe Lxrenoed too tar wilhoui tooping inorder to reduce the chance of loss o_f service, . p"rti"Lr"rry importani cons'i-era-tion tor tireprotection- A specitic recommendation is made to toop tnL trunk water main near tnecedar Ridge Schoor berore.it.opens in r 9g9. tn gene;ar, the point at wnicn rooflg isrequired is a subjective decision, except in thosetases wheri capacity uecom5s tnelimiting constraint. This will be more liiely for lateraiwater mains lhan for trunk facitities.
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ADDITIONAL FULL
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OBIENTATION - Figure 1
Figure 1 delineates the entire study area, consisling ol the Development phasing Area
and the Additional Full Development Sludy Area as they relate to surrounding
communitites.
The study area generally is bounded on the north by Slate Highway 5, on the wesl by
lhe Eden Prairie-chanhassen boundary, on the south by U.S. Highway 169 and on the
east by County Highway 4 and Flying Cloud Airport.
The Development Phasing Area is that part of the study area not yet fully developed
lying within the year 2000 MUSA (Metropolitan Urban services Area) as-established
by the Metropolitan council. The Additional Full Development sludy Area is lhat pan
ol the study area which lies outside of the cunent MUSA.
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Figure 2 shows the Development Phasing Area and the Additional Full Development
study Area in enlarged detailwith boundaries and major teatures identified. Note that
lhe Development Phasing Area includes all land within the current year 2OOO MUSA
line. The Additional Full Development Study Area lies outside the current MUSA.
Excluding lakes, the Development Phasing Area contains approximately 1300 acres
and the Additional Full Development Study Area contains approximately 23OO acres.
DEVELOPMENT PHASING AREA - Figure 2
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Dwellinos
Existing (unils)
Future (units)
Total Dweltings (units)
Residential (acres)
Park (acres)
Oflice (acres)
Commercial (acres)
lndustrial (acres)
Schools (acres)
Cemetery (acres)
Fire Station (acres)
Goll Course (acres)
Total (acres)
North o, CSAH 1 Soulh of CSAH 1 Totat
282
3.010 :
3,292
1,575
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380
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1,783 3,594
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EXISTING AND PROGBAMMED LAND USE - Figure 3
Figure 3 describes existing and programmed land uses within the study area.
The double dashed straight lines de{ine specilic sites currently owned by the Citv orthe school District. The areas identilied by double dashed curved lines are projoseo
lor.future.acquisition by the city or commercial developers but are not specificiiiy
delined sites.
The land uses identilied here are those used for subsequent tralfic and public utilityand drainage analyses. A full development tand use summary is presented belowwhich quantifies areas and populations used in the study.
Nole. that for purposes of population projections in the designated low density
residential area, lwo dilferent density asiumptions have be-en used. A developed
d.ensity of.z.14 housing unils per acie has been assumed lor the area north oi counryHighway 1, consistent with historic city development data. The terrain and existing
land ownership patterns south of county xignway 1 indicate that a somewhal lower
density assumption tor this area would be mbre rLasonable. A developed density ol1.50 units per acre has been used lor this area. ln all areas a maximum density 'ol 2.5
units per acre has been assumed lor local subdivisions.
RESIDENTIAL UNITS AND I.AND USE SUMMARY
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EXISTING TOPOGRAPHy - Figure 4
Figure 4 shows.existing topography defined by 1O-foot contour intervals. Note the extremetopographic variation in most ol the area south of county Highway 1. Also shown areprotected waters and wetlands as designated by the Mlnnesota Department of Natural
Resources.
The top_ographic information is taken from available existing records, including aeriat surveysand U.S.G.S. quadrangle maps. While lhese are assumed to be reasonably l""ur"t", speciticdevelopmenr planning wirr require more detaired surveys tor most prrposerl ----
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Figuie 5 identifies existing and programmed roadways in the study area. programmedrmprovemenrs shown here incrude the_upgrade or Siate xign*ay 3 6lorir"-n"r;".o ,n.prefened location tor rhe proposeo u.s. higilay' iii'tr""*^y.
Proposed fulr-access. ar-orade intersecrions are shown as circres arong state Highway 5.Proposed freeway interch-anges for U.S. Hi;h*;;ii; are shown as squares.
No specific improvements are programmed for county.Highways 1 and 4 at this time exceptnear the intersection of County Highway a
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I EXISTING AND PROGRAMMED UTILITIES - Figure 6
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Figure 6 shows existing and programmed sanitary sewer and water main in and immediatety
adjacent to the study area. The Red Rock lnterceptor sanitary sewer is currently under
construction. The other local utilities are in place or under construction in developed areas.
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Figure 7 identilies existing drainage areas and facilities.
The study area includes portions of three major watersheds. The Chain of Lakes watershedcovers much ot the northeasterly part of the study area. Most ol the southern and westernportions ol the study area are wilhin the Biley Creek Watershed. A relatively small pan of lhemost southerly portion of the study area lies within the Minnesota River waGrshed.
Each majorwatershed has been divided into sub-watersheds based on existing.topography.
The sub-watersheds provide a basis for design ol the full development drainagi iystem.
The Chain of Lakes trunk storm sewer system which provides water level control for Round,Mitchell and Red Rock Lakes.is already in place. Local storm drainage systemi are in place
east ol Mitchell Lake. near Lake Riley and in subdivisions above Rite! cr.6er. scatteredculverts exist throughout the study area.
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. SANITARY SEWER SYSTEM - Figure 8
Figure I shows the schematic layout of the fuily developed sanitary sewer system.
Except for a small area north ol Mitchell Lake, the entire study area will be served by the RedRock lnterceptor sewer currently under conslruction. Four miior service areas requiringsewers 12 to 24 ilches in diameler as well as minor service areas conneaint direitry tjtneinterceptor sewer have been identified. some ol lhe sewers in the major serii"" "r"", ,"ybe designated as trunk sewers in the future. \
The design for the sanitary.sewer syslem is generally consistent with criteria and service areaspreviously established for design otthe inlerieptor slwer. Rn attemprtrai ueen maoe to
ry3imizg the area.capabre of gravity sewer service while mini;izing th. ;rrb",
"nd
capaciryof lift.stalions required. Four lift stations will be needed at various licationi along tne nileyCreek valley.
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Figure 9 shows lhe schematic layout of the fully developed water main system.
An attempt was made to be generally consistent with the recently updated master ptan tor the
f.iy:_:?1?l_di:tribution svsrem. A kev criterion used in taying out rhe *,"r"rrniin syslem wasrne provrsion lor looping essentially everywhere. This provides water service lrom twodirections and allows beter mainlenanc6 ol water system pressure.
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The system shown is generally consistent with the City's Comprehensive Drainage plan and
its updates. An attempt has been made to provide lor stormwater detention in existing low
areas where possible. such detention areas will minimize the amount and size ol stoim
sewer piping needed to serve the area. ln certain cases protection ol existing wetlands and
trees was also a design factor.
ln areas where large storm sewers are indicated, additional stormwater detention areas may
allow pipe size reductions. The feasibility o, such detention should be investigated at the time
ol development planning.
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Figure 11 presents the tralfic analysis areas and identilies the three principal components
utiiized in ihe tra{fic lorecasting and analysis process' These componenls consist of the
primary and secondary tralfic inalysis areas and the remaining contributing.area outside the
study area. A detailed discussion of the tralfic lorecasting methodology and assumptions is
contlined in Appendix A. (Note that for study purposes the trarlic analysis areas are dillerent
than the Deveiopment Phasing Area and Additional Full Development Study Area shown in
Figures 1 and 2. For example, the primary traf{ic analysis area includes the Developmenl
Pliasing Area plus all other land north ol County Highway 1, west ol County Highway 4, south
ol State Highway 5 and east ol the county line).
The primary tralfic analysis area is generally bounded by State Highway 5, County Highway 1'
County Highway 4 andihe westernEden Prairie boundary. The transportation analysis
locused oi tfre ioadway needs within this area, and a computer model for traflic lorecasting
was developed tor the principal roadways serving this primary analysis area.
The secondary tralfic analysis area lies south of county Highway 1. Many ol lhe trips
associated wiin this area, which has signilicant development potential, will utilize roadways
within the primary analysis area. As such, lrat{ic from this area needs to be considered to
determine ultimate roadway needs in the primary analysis area.
The remaining metropolitan area outside the primary and secondary tralfic analysis areas will
also contributL trips to the primary analysis area rgadway System. These are in essence
considered throu6h fips. the trallic roiecasts lor these trips were adapted lrom previous tratlic
lorecasts prepared lor U.S. Highway 212 and lor the City ol Chanhassen.
Forthe full development condition, the tratfic analysis locused on resolving two principal
ROADWAY SYSTEM OVERVIEW - Figure 11
ISSUES.
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First was the need to identify the primary roadway system intended to serve southwestern
Eden Prairie and to lunctionally classify these primary roadways.
Second was the investigation ol the need and desirability of an interchange at Dell Boad and
U.S. Highway 212 and, il needed, the conceptual conliguration ol the interchange.
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Figure 't2 presents the principal roadway network utilized forthe compuler moCel and analysis
of area roadway needs. As can be noted, certain intersection and roadway locations aregenerally lixed (for example, state Highway s/Dell Road or Dell Road/county Hignway t 1.Using these fixed locations, a primary roadway network was developed for this a-nalysis area
based upon such transporlation planning. principles as the provision of roadway con-linuity and
appropriate spacing of major routes and intersections. The roadways shown inside theprimary analysis area arc conceptual in nature; lhe intent is to show basic roadway linkages,
not specific intersections or roadway alignments.
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' Figore 13 presents the sub-zones into which the study area was divided for tral{ic lorecasting' purposes. These sub'zone delineations are necessary to allow accurate forecasting of turn
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movemenls and daily volumes on various links of the ioadway system. The boundaries olthe.se-s_ub-zones generally lollow logical division lines such ai u.s. Highway 212 or theMUSA line. Specific rand use statisiics (type and size) for each sub-zine *.L rn.ndetermined based upon the land use plan and overall'development statistics fresenteo *itnFigure 3.
TRAFFIC ANALYSIS SUB-ZONES - Figure 13
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YEAR 2005 DAtLy VOLUMES - Figure 14
Figure 14 presents the vear-20o5 daily forecasts both with and without an interchange al DellRoad and u'S. Highway 212. .lnreviewing the i;"ti. iore"".t. it is important to note lhar undereither roadway sysrem scenario (with or;ithout the inrerchangey, hia'riiratfi" ,-orrr*.
"r"expecled on the main area roadways. These high vorumes resJrt uitn trorn tne Lrge amountof development expected in the area and from tie principat orientation ot tne m-ajority ot trtpsto and from the ner-th and northeast given the regio'nat tt"ti". "iin"'.;;;;;i'
Traflic forecasts consisted of year 2oo5 through tra{fic and full development ol the primary andse.condary tratfic anarysis areas. The traffic fdrecasting methodorogytonsiiGd oi severatprincipal steps.
First, the trip generation charaderistics of the land uses for each sub-zone were calculatedbased upon trip rates pubrished by the rnstituts oirr*sportarion Engineers.
Trip distribution was calculated based upon rhe Metropolitan council and MinnesotaDepartme_nt,of rransportation regionar tiaffc torecasid as weil as the previousry noted u.s.Highway 212 and Chanhassen lorecasts.
using these trip generalion and trip distribution assumptions, lhe computer model was utitizedto.assign analysis area trips.to the identi,ied roadway network. These lorecasts accounted loralternative and multiple routin_g choices (dependent upon access opportunities available loreach subzone), internar trips (between two iuozonesiand intercepied trips.
Finally, through trips lrom outside the anatysis area were added to the analysis area lorecaststo determine trarric vorumes which accouni tor a[ trips using area ,o"o*"vJ.- - -'
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ANALYSIS OF NEED FOR DELL ROAD TNTERCHANGE - Figure 15
Figrire 'l5.pres9lF k".y aspecls of the anarysis to determine the need lor an interchange atD-elr.Boad and u.S. Highway 212. rhe Level of Service anarysis is a method ri..o to rate theefficiency of trarfic movement through an intersection from nioesrl !. F (*;;t). -
As, can be noted from Figures .14 and 15, without the Dell Road lnterchange hiqherlra,ficvotumes and grealer traffic congeslion wourd occur on stare iighw;t#; fffiseo scenicHeights Road. Arso, with or withoul the interchange, Delr Road-norti ot ti.i.'ir-it *"v zr zwould carry similar volumes ol tratfic.
B":99 !n.1!g analysis, it is recommended that an interchange be constructed at Deil Road
?!9 U.:S: Highway 212 primarily to improve study area access and reduce traffic votumes andpotential congestion on other roadways.
Several major leatures of the interchange are recommended. The interchange should providelull access lo and from the east and weit. Fult access is needed in order to avoid confusion lomotorists, to conform with Metropolitan Council and Minnesota oepartmeniJiiansportationpolicies and to avoid having to construct lrontage roads between rierr noio ano itateHighway 101 in Chanhassen.
T.h.e inle]'clqlse should be of the lolded diamond configuration wilh the ramps on the westside of Dell Fload. This con{iguration is needed to aroii weaving prouLr, i.t*.en the De1
l!"9,"nq countv Highwav 4 inrerchanges. Approximatety one irite +""i.g iloLro o.provided berween the interchanges ar dounty'iignwiy 4 ind Delt Roio in 6rdei to meetMetropolitan Council spacing criieria.
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RECONIMENDED FUNCTIONAL CLASSIF|CATION - Figure 16
Figure 16 shows the Recommended Functional classilication lor the preferred full
development roadway system. The interchange at Dell Road and U.S. Highway 212 isidentified. Functional classilications include the designation of Dell Road is a minor arterial
roadway based on its tunction and tralfic volumes, and the exlension of Scenic Heights Roadas a collector roadway.
It is reiterated that ullimate specilic roadway alignmenls and intersection locations are not
depicted on this graphic. The ligure is intended to demonstrale the primary roadway systemwhich will be needed to adequately serve southwestern Eden prairie. lt ddpicts the'ke!
system elements such as roadway continuity and principal intersections and interchanges
which should guide the ultimale roadway and transportation system design. For example,
Scenic Heights Boad is shown as a coniinuous road through its interseaions with County
Highway 4 and Dell Road, the preferred alignment concepi for a colleclor roadway ol thii type.
Full developmenl ol the area will consist of both this primary roadway system and numerous
local roadways which are not depicted on Figure 15. lt is expeaed t'traftne location, design
and alignments ol local roadways will be planned within the iramework ol the recommendedprimary roadway system and in accordance with normal transportation planning criteria.
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DEVELOPMENT CONSTRAINTS & PABAMETEBS - Figure 17
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Figure 17 illuslrales development phasing conslraints and parameters lor the study area, with
circled numbers in the ligure corresponding to the following numbered paragraphs. (Numbers
in rectangles on Figure 17 identity sub-areas relerenced below and outlined in dashed lines
on the ligure. See also Figure 19):
1. Extension of trunk water main from the existing main on county Highway 4 north o, the
railroad, to the existing and programmed extension of the main on county Highway 1 near the
airport, is prerequisite to any development in sub-area i B.
2. No more lhan 100 lots each should be permitted in sub-areas 1 A and 1 B prior to
completion ol cunently programmed improvements to the Hwy. 4/Hwy.,5 interiection.
3. Extension of water main along State Highway 5 and north on Dell Road to existing trunk
main from water tower should be prerequisite to any development in sub-area 1A west ol
Mitchell Lake.
4. lmprovement ol the Dell Road inlersection with State Highway 5 should be prerequisite to
any grading and construction in that part ol sub-area 1A wesi of tviltchelt Lake.
5. lmprovement ot the Heritage Road intersection with state Highway 5 should beprerequisite to any development in that part of sub-area tA nortn ot Miichell Lake.
6. construction of Scenic Heights Road west of county Highway 4 to the north-south road
through the Fairfield development and improvements to interieaions on county Highway 4
are necessary after 100 lots are developed in sub-area 1B.
7. No more than 250 lots should be permitted in sub-area 1A until a looped roadway
connection is completed between county Highway 4 and state Highway 6. Ho*erer, thisconnection may need to be deferred until Co. nwy. + is upgraded if traliic anatyses at the timeindicate that the conneclion would cause signilicant negaiiie impacts on co. ri*v. a.
8- lnterim or permanent improvement to the intersection ol County Highway 1 and Dell Roadshould be made in conjunction with development of sub-area 3.
9: . 9q.u1v Higtway 4 will.need to be upgraded to rour ranes rrom Scenic Heights Road toState Highway 5 by the end of 1991.
10. lnterim or permanent improvements lo inlerseclions along counly Highway I should bemade in conjunction with development in sub-area 28.
1 1.' Extension of sanitary sewer lrom Red Rock lnterceptor and installation of a tift station nearRiley Creek is prerequisite lo development in most of sub-area 28.
1_2. counly Highway 4 will need to be upgraded to four lanes lrom county Highway 1 lo stateHighway 5 prior to development of approximarely 'r7oo lots within the rr,lubn. -
13. Additional improvements at the Hwy. AlHIw.s interseclion (as shown in Appendix FigureB-2) will be needed Prior to development of approximately 1700 iots within the [iUsn. rrise -improvements may not be required it Highwai'212 is construcled belore that time.
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FIGURE T8
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RECOMMENDED IMPBOVEMENTS TO PERIMETER ROADWAYS - FigUTE 18
Figure 18 presents recommended improvements to roadways on the perimeter of the studyarea.. The ability of these roadways to accommodate study area trattib signi,icantty alfectsdevelopment phasing, particularly in the near future. A deiailed discussio-n of theanalysis olthe perimeter roadways is contained in Appendix B.
The key perimeter roadways are.Slate Highway s and county Highway 4. The analysisindicates rhat improvements wiil be neceslary io both of thesL ",io*"v"i. "onj,nction
wilhdevelopment.o{ the study area. The intersection of Highways s anu + is propoi'eo to ueupgraded in 1989 and 'rgg0, with-the remaining segmint west to chanhassen currenily
::l:::i:q lo.r.::Tp-l:tig1.by 1se1 . There are iurrjntry no ptans for upsradins CountyHighway 4 other than at the Highway S intersection.
Principal findings of the analysis concerning State Highway S include:
Principal findings concerning County Highway 4 include:
- Exisling traflic vorumes on county Hig.hway 4 warrant upgrading the roadway ro four ranesand intersection improvements at Scen-ic H6Ents n;0.
^'J:'t1,[:#$":x:l,llliltji,.1^iii!}]d?:*!,,ffif,Tjt[,["3Jj]i"?:]*'"Tt;"0?""J:[:,,,and appropriate traffic conlrorat ooin rn6 new lwestiano existing i";;ij 16;'scenic Heighrs-Boad' .The capital improvement program to be dev6topeo uv tre-dounii'in"isdi*irr addressthe timing ot improvemenrs betwieristare Hignwly s ino couniiiigi;,rr;yi.*
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- The intersection wilh County Highway 4 is cunently operating at a level of service F. ln orderto avoid a noticeable worsening of traliic operations at inis intdrseaion, no more than 2oo lots _in the study area shourd be platted prior to the r sgglisso improvemenis.
^L,l:,:yI"n,tv planned improrements at the county Highway 4 intersection wiil not besullrcrenl lo accommodate lull development within the MUSA. Additional improvements will berequired when the area within the MLjSA has about 17OO lots.
'.Temporary improvements at state Highway 5 ancl Dell Road will be required it initialdevelopment occurs in this area prior t6 tne icheorreo upgraoing. fneri wouil Le no citycost participation in non-salvagabte improvements.
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sr ArE NO.s
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lllrasEr{ ThoiP tElltxEn
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LAKE
ROC
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EVELOPMENT
SUB-AREAS
SOUTHWESTDEVELOPME RAIRTE
STUDYG
il PERH EDENTPHASIN
FIGT,RE 19
8!.O13 GiloLSOlltNc
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55
I DEVELOPMENT SUB-ABEAS - Figure 19
Figure 18 identifies the live.major development sub-areas which were detined by theproposed full development inrrastruclure analyses for the Development irraiffinrea. These -sub-areas represent the general phasing or sequence that developm"nt*ilr nrZo to follow il itis to occur in the most orderly and elfective manner. Note that oniy "r"" *itninlne rr,1usn isconsidered for phasing. Development outside the MUSA is assumed totcri atte, rnes"initial phases.
sub'areas 't A and 1 B can deverop first, independent of each other. sub-area 28 can deverop-p_1ll:1::il]lr-:llyg1!'q sysrems.in 1B are compteteo. suu-irea zne i. d"p;;iJnr onlnlrastruqure systems in both 1A and 1B and becomes the connecting link between the twoinitially independent sub-areas. Finally, sub-area i must wait for infrisrrudure sysrems in2AB to be subsranriaily compreted. This area atso reqrirei a J^ii"g.-;;Jir-rJirre tnar ismo.stly outside the MUSA, an additional constraint on development. -llore m"tiin".sub-areas 28 and 3 are independent ol each ottrer, eitner cdur oeveofoerore the orher.
sub'area 1A requires roadway and watermain extensions rrom the nonh, sanitary sewerextensions trom the south and drainage lacilities trom the east. such multidirectional -extensions.cali for careful planning anl coordination among the dirferent developments whichmay occur in this area. This area is also subject to interse&ion constraints along slaleHighway 5, including the intersection at county Highway 4. This is one ol two sib-areas ,or -which a specific limil to initial development is rlcoirmerided due to the nature of trafficconstraints, particularly at the intersection of county Highway e with state Highway 5.
Sub-area 1B is the other sub-area for which a limit to initial development is recommended.This area is subjea to interseciion conslraints atonfcounty Highway 4, incruding theinlersection at state Highway 5.. A unique a.p""t oi nir sr'u-aria isind pran,eJopening orthe Cedar Ridge Elementary School in Fatt t gag. Tlris requires completion ot inlrastructuresystems lo the school by that time, with adjacent properties also then open to devetopment.
sub-area 2AB requires the compretion o, the cedar Ridge school loop road and compretedroadway and water main roops between 1A and 1B befo-re ir can support deveropment.sanitary sewer extensions are needed trom the Red Rock lntercepior and sub-irea t g.
Drainage facitities are compricated by the oriiei Lrr"nsion required to the west orGo.-tn,MUSA. N' rrrs wEsr rrr
sub'area 28 requires water main lrom 1B before it can develop. sanitary sewer is the majorconstraint in this area since a litt station is required. A gravity iewer troni near Bed Bock LakFshould be extended as far as possibre into rnJ suu-aiei, minimizing the pumpinjrequirements of the litt station. The lift station shoub be designea ior tuiuie [ip-acity ro thesouth.
sub'area 3 needs sewer, water and roadway extensions lrom 2AB belore it can deverop.Protected wetlands and storm sewer outlets to the west outside rne rr/lusa tomflicare tnedrainage system for lhis area.
ln tcrtm access i,rlprovrmcnts if acccss desircdror to futl T.H. S upgrade
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Begin at
cxisting
16" main t
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Maxllnun l0O lotsrAK€ priot to lhproven.nts
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ROADWAYS
Maximum 250 lotsprior to Dcll Rd, /
Scenic Hcights Rd.
connection
a
WATERMAIN
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lnv.
!80r.5
Futurc
axtan3lon
north tollft st.tion
ln
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Begin !t.xlrting
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Futur.
-Option.lPondr
Irt y
allor
-PIPG3lrr
raductlon
,:.72"
t I
HITCHELL
LAI<E
HITCH€LL
LAXE
DRAINAGE
(.gin ,, r-r.
Pond lt rxtcnrlon of
,ritshcll Lrk. ttoraga
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Bcgln tt
lntcrcrptor
lnv tlt!.9
PONO IOAF
NWL !'O
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SANITARY SEWER
(not.: only crltlcll lnvcrt5 shornt
+::_5isr-
SUB-AREA
tA
THE 6r^L'Eh GiOuP. tflc.
c
iErshoor I AS3OC- lrc-
x^rascx txot, ,:!uxara SOUTHWESTERN EDEH PDEVELOPMENT PHASING RAIRIESTUDY
FIGTFIE 20
!!{rc EI
Notr:Syrtcm locations !rc ahorn in conc.pt only.Actual locations *ill bc d€terminrd ri trrac'ofdevrlopoent planning or fc.sibillty rtudy.
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l2r' Conneetion
to north
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SUMMARY OF PHASING RECOMMENDATIONS FOR SUB.ABEA 1A
ROAOWAYS
lnitial Develooment
- access via Oell Road south ol Hwy. 5
- acaess improvements at Oell Road/Hwy. 5 requke MnDOT
approval and include a lett lum lane iiom east with no Oell
Boad conneclion to Lake Orive in Chanhassen
- no grading or construclion unlil access upgrading ol Hwy.
S/Dell Road or construction ol lull'tum lanes & signals
- marimum of 100 lots prior to Hwy. tHwy. 4 interseclion
upgrade
- Herilage Road/Hwy. 5 upgradE to provido lelt tum lane Irom
eas| il access desired prior lo planned permanenl upgrads
Future Oevelopment
- need lo construcl Oell Road to Scenic Heights Boad when any
one ol the lollowing conditions is met:
- righl-ol-way/funding is available
- maximum 250 DU west ol Mitchell Lakg are
developed
- majodty ol right-ol.way availablg
- no lunher arterial roadway improvements required lo allow lull
develoPment within MUSA
DRAINAGE SANITARY SEWERt
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lnilial Oevelopment
- mosl ol area drains to Mitchell Lake, requiring one or both of
the lollowing:
- conslruction of maior drainage systems
beginning al Mitchelt Lake, wilh appropriate
water quality control measurcs
- construction ol upstream slormwaler d€tention
ponds to reduce size ol downstream lacilities
- pond indicaled on southern end ol suFarea is an s{ension o,Milchell Lake storage due lo low existing elevation
- lhis pond is not required tor storage and may bs
modilied or etiminated at time ot Hwy. 212
conslruclion
Fulure Oeveloomenl
- tacility design in any area musl taks into accounl the entire
conlributing watershed.lulure extensions west shouk, include walarshed ar6a withinChanhasson
lnitial Develooment
- begin 15'sewer at Bed Rock lnterceptor nea.we$ edge -.Miller Park
- extend sewer norlh to Hwy. S along route detormined by -development
- sewer must be deep enough at Hwy. S lo continu8gravity extension nonhward
- lalerals may branch lrom n6w main or irtgrceplor
- area norlh ot Mitchell Lake to be seNed lrom east
Fulure Develoomenl
- service must stan at inlerceplor and progress northward-,Fcl( lrunk sewer under Hwy. S and ertend nortn to lilt sia...r
37
WATER MAIN
lnilial Oevelopment
- lrunk water main must bs extended on nonh side ol Hwv.5_
lrom Heritaga Road west to Oell Road
- southerly. extensions must be iacked under Hwy. 5 antl
extended south to points ol developmenl
Future Oevelooment
. design lo be delermined by needs ,or looping or pressure
determinations
- exlend trunk main north lo water lower wh6n neoded lo -balance City-wide distribution system
- hteral waler mains should be looped or based on
pressure determinations
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Maximutn 100 lots
in antirc sub-arcaprior to TH 5, Co.Hwy. { upgradc
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ROADWAYS t
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Conncct to cxisting
Storm 'cf,ar
POND GAF
NWL 867
HIYL 872
Inlerim ::ortable pump
ttation until need for(ull gravity systcm
Fulqre 35n connectioB-to Red Rock Lake to
be built lf ex isting
drainagc Swslc 13
inadequa
1.,'5
WATER MAIN
rroute cxirti^g Lift Station
to intcrccptor
( Frtu..
cx tentions
16'
Gx tension
Optional
pqnds may
tllow pip.
tl te
r!duction
P
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IC NWL 853
Tll
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DRAINAGE
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SUB-AREA
IB
I n€ BTAUEI crOup, ttc.
otsor
E€r.siooa I ASSOC. tNC.
|lAr.stra txom r€LLtNtta
SOUTHWESTERN EDDEVELOPMENT PHAS RAIRIESTUDY
E N PING
FIGURE 21
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Notc: Systrtrt lgcrtion3 .r! shosn In .oncrpt only.Actu.l localions rlll br dctcrmin.a ri tLnc'ofdcvClopmcnt pl.nning or tutibllity ttudy.
Prirnary accr5l
to
16"
SANITARY SEWER
(not. I only crltlol lnvcrta rhovrn)
Future
looped
lt
to west
{r.2
SUMMARY OF PHASING RECOMMENDATIONS FOR SUB.AREA 1B
WATER I4AINt
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ROAOWAYS
hfiiaLDevelqlme[t
- school with access lo Co. Hwy. I
- aupplemental emergency access lor schoolthrough
adlacent development' - rssid8nlial areas with acress lo Co. Hwy. 4 andor Co. Hwy. I
- maximum ot 100 lots unlil Hwy. s/Co. Hwy. ,l interseclion is
upgraded
Fulure Develooment
- ln coniunclion with Phase 2 ol Fairlield development, construcl
Scenic Heights Boad west ol Co. Hwy. 4 and conslrucl
norlh-south streel lo link Scenic Heighls Boad with Phase I
dewlopment in Fairlield
- ext€nd Scenic Haighls Boad wesl to provide access lo Miller
Pafi and develop lhis as major park access
- conslrud nonh-south public roadway on west side ol school
site belween Fairlield development and Co. Hwy. 1 when any
o, ths ,ollowing conditions is met:
- improved access needed for school
- access needed lor Fairlield development
- properly west ol school is ready to develop
lnitial neveloomenl
- Irunk water marn must be extended south irom lhe nonh side o
Miller Park
- Southerly extension must lake inlo account luture Hwy 2'12
crossing and iacked exlensions east under Co- Hwy. 4 to s( . ,,e
the west side ol Red Rock Lake
- a water main loop shoulcl be routed nearlhe schoolsite lor-
maximum rire protection
- trunk main should be extended soulh lo Co. Hwy. I and
looped east to connecl lo planned trunk main extension lrom
3asl. primarily to provido betlgr lire protsction to the school-
Fulure Developmenl
- design to be determined by needs lor looping or pressure
determinations
- e{end lrunk main west along Co. H\^/y. t
- exlend lrunk main easl lo connecl wilh eristing trunk main in
Scenic Heights Boad when needed lo balance Cily-wide -distribution system
- lateralwaler mains should be looped ot based on Pressuft
delerminations
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DRAINAGE
lnitial Development
- 6evsral detention ponds with associated outlots should bo
construcled in lh€ area, lypically using eristiflg low areas lor
dorag6
- pond waler lovels and oullet sizgs may noed soms
adiuslment al timo ot develoPment to account lor sxisting
ground waler lovels and/or ites Pteservation
. outbr lor pond easl ol school should Exle^d to east side ol co.
Hwy. 4 to manhole serving as Potlable pumP station
Fulure Develooment
.lacility design in any arEa must taks into account tha entirs
conlribuling watershed
- luluro extensions south and wesl may be teduced in sizo with
lhe construclion ol additional ponds along tho major dtainago
ways
- Etorm sewer Bxtension east lo Bed Rock Lake to ocqrr when
eristing drainage swalo proves inadequats or when adiacent
ptopsny is subdivided
SANITARY SEWER
hltialDevela.alneil
- 69rve school lrom oasl throuEh plannod developments
- begin 12'sewer al Red Rock lnterceptor
. extend 12' sewgr soulh to nonhwesl corner ol school sit( l(
route detErmined by development
- 12' sewer must bs deep enough near school to conlinue_
gravily extension westward
- laterals may branch ,rom new main or inlerceptor
- rercuts llow al litl station nonh ol Miller Parkto provide grav,
llow south to inlerceptor
Erlrlrg-AevrlaeEJt
. seNice musl starl al inlerceptor sewer
59
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L
HITCHELL
LAXE
EfiCHELL
6 t-
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ROADWAYS
lontlnuous rllgnlncnt
lrcfcrred for SccnicHllghts Rord.
?t
DRAINAGE
WATER MAIN
Phas. tA
cxteniion
rtt
ar Rldgc Schoold bctwccn C. R.trnd Sslhic Heights R ord lt
to be co'rtplctcd prior todevelopr'lcnt routh of
ra ilroad
1l$
utur!
SANITARY SEWER(notr: only criticrllnvcrtr rhgwn)
egin.t
tcrccplor
iSrE
Ph.s. lB
rlont
Phrre tat tcttt
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Pond \
POND I6AF \
NWL 870
HWL 872
Exlrtlng
Pond
Bcoih
(n trcc
lrrvrrlr
k
2llll illll
ptional
pondr ruy.llor pi PC
r lrr
rtduct
FulurG
Pond
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Notc: Sy3tcm loc.
Aclual locat SUB.AREA
2AB
oLsot trl
tr'tE BA U€n GtOuP. tNC.
lExsraoot I Assoc.. txc.xlx3cx txott F€LL| tEt{
s o U T H w E s T E E DRH E N P R A R I ELvEDMPoETNltPAsNIGsTUDY
FIGUBE 22
ll{ta GH
develop6161 O1"nn,n9 or fclribllity 3tudy.
AIITCHELL I
lnv.
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Cx ten! ions
l,hxi,nun 50 lotsprior to ScenicHrights/Oe Rd.
eonnection
a
Phasa I
Ponds
B Inv.! l5l.o
rnry
I'fi
Futura
axtsnrlonrr-s lirrrr.llor plp.rltr
rcduction
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SUMMARY OF PHASING BECOMMENDATIONS FOB SUB-AREA 2AB
WATER MAIN
lnitial Develooment
- extend looped mains through sub.area beginning at trunk
main along Co. Hwy. 1
Fulure Develooment
- design lo be determined by needs for looping or pressure
determinations
- lateral wator mains should be loopgd or Dased on pressuro
dgterminations
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DRAINAGE :
lnitial Oevelooment
- mo$ drainage llows towards Biley Creek, requidng
:l?L??li:!s y"r"l.quatity controt measures ro be i; phcs prior
ro erlensions norlh and west
- sleep stopes nonh ol Ritey Creek merit special
etoston control measures
Fulure Develo6ment
- lacility design in any area must take into accounl the entre
contributing watershed
lnilial Develooment
- begin 24' sewer at BEd Rock lnterceptor near Bed Rock Lat. extend sewer south and wesl alonE roule determinod bvdevslopment, iacking under Co. Hiy. t '
. sewer must be deep enough south ol Co. Hwy. l loa ow -gravily extenslon southeastward oul ol MUSA
Future Develooment
. a.litl stalion mu$ be construcled neat Riley Ct€ek to selvo r )ol this sub-arga
. lifl station design should tat6 into account
luture ssrvics area south o, Riley Creok _
- servicg must starl at interceplor sewe,
SANITARY SEWER
6l
ROADWAYS
lnilial and Fulure Oevelopmenl
- no development prior lo upgrading ot Hwy. ,Co. Hwy. 4
interseclion
- need lo imf,rove and coodinale access locations on south side
ol Co. Hwy. I with access locations on north sid€
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Phase lB cx lcnsion
Potentl.l C.R. I intcrracllon
lrnprovcrnants in @niunction -rith dcv.lophent 12n WL\\f
p
tlt
Fulura
Gxtension Futurc
cxtcnsion
il
o
WATER MAIN
8e9in.t
lnt.rCcP
ff\
lnv:82,
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(
Pon
criteria m t
bc verific
with rxisti
dcvclopedFuturc pond .r conditionsl
( Exl.tlngl ie€ k
POND I SAF
NTYL EO8
HWL 8rq
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Inv 983 t.6
+o
POND 7AF
NWL 836
HWL t3t
Futurc
cxtanslon Futurs
exlcnsioni
DRAINAGE SANITARY SEWER
(not.r only crltlctl lnvarts shoinl
SUB-AREA
2A
otsor rE
TllE IAAUm GrOuP, tnc
aExsr{oot t Assoc- nrc.
xatstra n{otr rlllt acN
SOUTHWESTERN EDE}I PDEVELOPMENT PHASTNG RAIRIESTUDY
RGURE 23
la{la aa
occ
Notc: Syslcrn locations ara thown in conccDt only.Acru!l toc.tion3 wifl bc dctlrtninca ii-rirc'ifdcvrlopmcnt pt.nning or fr.sibitity ,tudy: -'
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PIONEEF
errE\
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Llft
Station(
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SUMMARY OF PHASING BECOMMENDATIONS FOR SUB.AREA 28
WATER MAIN
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Fulure Develoomenl
- prelerred concept is lor Scenic Heights Boad to be continuous
through its interseclion with Dell Road, creating a ,our-way
interseclion
- a maximum ol 50 lols norlh ot the railroad or a marimum
dead-end eiension ol Scenic Heights Road o, t 500 feet
allowed prior to construction ol the Scenic Heights Boad/Dell
Soad conneclion
lnitial Develooment
- atea soulh ol railroad can begin lo develop wher nonh.south
toad on west side ot school is construcled between Fairlield
development and Co. Hwy. I
- area nonh ol Eilroad can develop @nsist€nt with exlgnsions ol
Scenic Heighls Foad
lnitial Developmenl
- oxtend trunk mains through soulhern and western sid€s ol
sub-area
. provide an east-west loop between lrunk mains to lacititate
lulurg intemal loops -
Fulure Develoomenl
- design to bs det€rmined by needs lor looping or prEssute
delerminations
- lateral water mains shouE bs looped or based on pressuri
delerminalions
lnitial Oeveloomenl
- begin 21'sewsr at Red Fod( lnterceptor near west edge c
Miller Park
- extend sBwer south and west along rorrl! determined by
developmenl, accounling lor luture H$ry. 212 crossing
- sewer musl be deep enough al westem edge ol suFarea
conlinue gravity axtonsion weslwa?d and southward
- laterals may branch lrom new main or ir erceptor
- ar6a south of raiload lo be seNed by sewer trom sub.arc I l
Fulure Develooment
- service must slart at interceplor or new sewer main
ORAINAGE
t lnitial Develooment
- most drainage llows towards sub.areas 1A and ,l B, requidng
Syslems lor lhese areas to be in place prior lo extensions
- delention ponds along these extensions may
reduce downstream storm sewor requircments
. a controlled outlet shoutd be providBd lor the DNR protscred
wetland/pond indicaled on the western side ot the sub-area
- lhis oullet may be storm sewer, ovedand or a
combination lhereol, ertended west to Hiley Creek
Fulure Oevelooment
- tacilily design in any area must take inlo account lhe entirs
contribuling watershed
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I
BOAOWAYS
SANITAFY SEWER
I
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Maintrin appropriatc .ccass
and roadway continuity in
coniunction tvith dev.loPment
4 Phasr 2 extensio^:-:-:-
WATER MAIN
d Phas! 2 axtGnrion
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ROADWAYS
DRAINAGE
Futu
Extc
re
n
Pha3.2
cxtcn5lon
/
Phase 2
cxtension
it
Ph.se 2
qrtcnsion
dPonII
1
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879
880
8
ekLa
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PQ
Pon
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DNPO F1
5
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-t
5
5
rnte
a
!977.0
SANITARY SEWER
(notr: only crltiErl lnvartt rhown)
Lrke
Rllry I/./
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llr
rl
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ra
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a
cdut
al
lo
5 9r
POND 6AF
NWL !!0
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SUB-AHEA
3
ot-soH rlr
txE 6R^uEF OeOUP, trc.
lElsr{ooE I Assoc. rNc.
r{lxscx lxoiP ?clltl.tx
SOUTHWESTERN RAIRIE
STUDYDEVELOPMENT PH ASING
EDEN P F IGURE 24
8!-O16 D€Cttll
Notc:Syrtcrr loc.tlona rrG ahorn ln conccpt only.Actu.l loc.tlont *itl b. dGtcrrnln.d ti tlmc'ofdcvelopmcnt phnnlng or ,c.sibility ttudy.
lntcrsectlon lnprovemcnts ln coniunction
wlth Ocll Rd. construction
NWL
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SUMMARY OF PHASING HECOMMENDATIONS FOR SUB.AREA 3
WATER MAINf
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ROADWAYS
lnitial Develo^menl
- locale initial developmenl and orient its access via Dell Road al
Co. Hwy. l, east-west local road that extends east to school
and/or Dell Road iust south ol Scenic Heights Road
Fulure Oeveloomenl
- developmenl can continue as appropriale roadway
erlensions and conneclions are provided
ORAINAGE
lnitial Develoomenl
- exlend lrunk mains along south and west sides ot sub. e
SANITABY SEWER
lnilial Development
- mosl ol area drains to Lake Riley, requiring one or bolh of th€
lollowing:
- construclion ol major drainage systems
beginning at Lake Ritey, with ap-propriate
water quality control msasures
- construclion ol upstream stormwater delention
ponds to reduce size ot downstream tacilities
- conlrolled outlets should be provided lor the DNB proteded
wetlands in this sub.area
Future Develoomenl
- the pond indicaled on the east side ol lhe sub-area is a very
low-lying DNR protecled wetland, requiring one of thg
tollowing:
- a pumped outlet, perhags portable
- a.very deep (approx. 60 lBet) storm s6wer under. Co. Hwy. I draining to the south and then east
through sub-area 2B
- tacility design in any area must laks into account lhE entir6
conlributing watershed
I
Fulure Oevelooment
- design to be delermined by needs lor looping or plessFre
delerminations
- lateralwater mains should bs looped or based on pres-Jr.
determinations
lnilial Develooment
- south ol railroad, extend sewe, lrom easr- nodh ol railroad, extend sewers rrom nonh
Fulure Devetooment
- sewice must slan al new sewer mains extended to su, :
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INFBASTRUCTUBE FUNDING ALTEHNATIVES & COSTS
The purpose of this section of lhe report is to discuss and evaluate the most praclical and
leasible alternative mechanisms which might be considered lor funding the area-wide
inrrastructure elements in the Southwestem Eden prairie Area.
The orderly and timely development ol the southwestern Area requires installation of
substantial infrastructure which extends beyond the boundaries of individual development
sites. The collector roadway system and storm drainage systems require ott-site construction,
oversizing or provision lor future additions which can be accomplished through modifying or
supplementing the procedures currently applied by the City. Alternative financing melhods
should be reviewed prior to making linal decisions.
Funding Alternatlves
There are five sources of funding which may be considered alone or in combination: propeny
laxes, transfers or incentives, user charges, development fees and special assessments.
PROPEBry TAXES
There are a variety of methods by which property taxes are levied and used.
General, city-wide prope[y taxes could be considered as a basis tor tinancing any or all ollhe area-wide elements. The policy would, of course, apply to all similar impr6vements in
other areas ol the city. Upgrading streets and intersection;, signalization, acquisition oladditional dght-of-way, improvements or additions to drainage iicitities, etc., are examples ofprojects with area.or city-wide benefit which have been lunJed by general tax revenues.
Dlnce lne Dudget for 1989 has been adopted, the only general fund revenues available forthis purpose in 1 989 would be from reserves or surplu jfunds. A potentiat problem with usinggeneral property taxes as a source of lunding for new area-wide improvements is the equity
:ld lairn?s.s issues it might raise with existing city residents ano property owners who did nornave such tunding available when their property developed.
special purpose city-wide property tax levies are simply general tax levies which have aspecrtrc.purpose defined by the city council. For inslance, a special levy could beestablished for the specific purpose ol constructing new and replacement drainage structures
::1"^Y.sl..1ll" enrire ciry. As wirh generat tax tunds, existing properry owners riay quesrionwnerner this as equitable use of tax monies.
A special purpose tax district could be established over the Southwestern Area as a basis forfinancing the area'wide drainage inlrastruclure improvemenls. Although it appeirs that thissame mechanism could be used to finance streel and other infrastruclire imp?ovements. ithas not been done in Minnesota to date. A distinct aisaovantage oitni. rn"if,'oi'*n.napplied to newly developing areas is that the greatest need lorjunds o""rrl "iit "
time theIolal assessed value in the districl is the least. There is also an inherent inequity imposed onthe eartier residents wirhin the disrrict, who wifl pay more over time ih;;';il;;i. who moveinto the area al a later date.
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ll:I*,:::l: .l jli"lgilS districr does nor appear ro be teasibte or likety in the devetopinsDournwestern Area, although it may be use{ul in other parts ol the City,
TRANSFERSiINCENTIVES
The c_ity may choose to grant.transfers of density, alternative land uses or provide otherincentives which make it feasible.lor a oevetopeiio incur the addilional costs ol providingofisile' oversized or luture facilities. .However, this approach has not ueen Ciiy ioticy to date.Also, the development plan and policies for the Southweslern Area provide lirtli bpportunitylor transfers or alternative land uses which could in any way justily the additional costs ot thearea-wide lacilities.
As discussed in earlier sections olthis report, an assumption has been made that on the
1y.erag.e: the density wilhin this area will be no greater than wrrat is typicaitoi it ! ,"rt ot tn.City, which is.2.14 units per acre. To some extlnt, a type of density transfer will likely occurwhenever a development involves the dedication or pri6ric street ri(nis-ot-w"y."'eu or" towetlands, tree masses and orher topographicar conitraints tnere oiesni app6"rlo u"
"nvreason lo expect this area to support greaterdensity, although in isotateol-nitances it mayapproach the maximum alloweddensity ol z,s unitjper acrei rinauv, roiowav capacitieswithin and around the Southwestern area will ue such as lo not warrant greaGr densities withincreased traflic.
USER CHARGES
Y_._:1"hql9.r and surcharges are finding increasing application in many Minnesotacommunities. such charoes appear to be gaining tiv6i in many states ai a means orfinancing inlrastructure.
lle p]tv currently imposes water and sanitary sewer user charges and has chosen to utilize asurcharge mechanism to fund trunk system improvements. Thi-s approach can also be usedto lund oversizing of water mains in plrticular ir"ai.
several Minnesota cities have imposed. user charges for stormwater management.s-tormwater.use.r charges based on orainate aiea"size ano surrace runor tiaois provide areasonable basis ror prorating user chargei. However, since this
"pproacn
r,"i nor beenused in the City il may raise equity conc6rns. tt may prove to be a more viable method in theI*f.rl.llle€irv. is rurv dever6ped ano needs id rind ongoing maintenancl'anormprovements to existing systems.
ln Minnesota, road and street user charges are levied as luel taxes and vehicle sares andregislration fees. These runds are shar6d with ciries rhrough Jcorprei ,rn"ip"r state aid(MsA) system. Eden Prairie uses these MSA rundito construc{ and maintain a system ofcolleclor streets which can be applied to the collector streets in the Soumweiiein erea.while the city cannot tax luel oi license vehictes, it lrobably coutd r"qrir.'ri,lirtr"tion andcharge lees for a[ vehicres operared by residenti, emptoye6s and buiiness;i *t i"t, use c1ysrreers. These user funds courd oe apptieo to improvem6nrs outside ot the MSe tunoeosystem. Apparently no Minnesota city has used ihis mechanism, urt it is noi r-ncommon inother states. This method also could-raise concerns for equity .in"" nonrerio-"nts also willuse the streets. whire nor prohibited by raw, this approach rrorro rir<erimeeiwiii gr"",.,acceptance if and when enabling legislation is enaaed.
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II DEVELOPMENT FEES
Development fees are common in a[ Minnesota cities, and Eden prairie has imposed andcollected fees for park deveropment and administration for many y;r.. il; ;iltion of ,eesfor consrruction of area-wide inlrastructure woutJ ue consistent ano aorri oe
"".apr"or".However, there is no sratutory provision which enabres this for infrisiructulJiiii.r"r"n,.and again wourd rikerv meet wiin greater acceprance if such enabring rlgiiiiri.;i, passed.This approach is undlr srudy in a-number oi rtiinn".ot" ciries now aio ine situation maychange in the ,uture.
lf development fees are used, criteria lor measuring and testing the collection and apDlicationol the fees would need to be estabrished. The use-of deveroprient fees
""n "tro
creaie acash flow problem for the city during times of economic srow down, since iucr, te"s arecollected at the time of buitding permit application. The city probably should not accept therisk ol floating development costs thal such a situation would creale.
SPECIAL ASSESSMENTS
The special assessmenr mechanism is cunentry widery used in the city for every type orprimary infrastructure construction, but has nao onty timited use lor area-wide assessmenrslor street improvements. However, it is lhe approa.h tn"t *itt most likeiy proriJ.'"n equitabtedistribution ol costs. The laws a.nd mechanisms foripecial as."..renisire arreaov in place
i:,L::"]l:9;1oe1e11rrv weil understood by both devetopers
"noin. Cirv.-iilr.omrnrmrzes cash flow problems since costs are recovered reasonably close to rhe time oldevelopment. The method can be u.sed to fund major roadway anoorainige irnpror"r.ntsas well as oversizing and extra depth costs associa:ted with sinitary se*eii
"nJ'*"ter mains.
The main drawback to the special assessment approach is the time consuming proceduresrequired to establish district limits, provide notification and hold nearings, piepiie teasibititystudies and finally produce the construction documents.
Estimated Costs
lnfrasrrucrure improvement cosrs have.been estimated lor area-wide street and drarnagetacilities in the sourhweslern Area north of county Highway r. Nor. rn-.t ihJ.JJo.r, "r"based on a variety of assumplions which may uetitte-rent it the time ot actuaioevetopment.These cosls are included here in order-to alt6w preliminary evaluation or ttre ieaiioiriry orlunding alternatives. See Appendix C for more betail.
The lwo major streels identified lor the southwestern Area are Dell Road and scenic HeightsRoad' For purposes of cost eslimates, it was assumeo tn"t
"il "*ti "..#"r"-o *irn bringing _lhe streets lo subgrade erevation wiil be part of site deveropr.ri".rr.-r"-,
"or"I"rtproperties' The estimated conslruction costs include bituminous pavement and gravel base,concrele curb and guuer, storm sewer, signalizalion and trrl;t"[ffi#
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Dell Road was assumed to be a lour lane divided roadway norlh o, Scenic Heighrs Boad anda lour lane undivided roadway sourh or scenic Heights Road. scenic Heighti Hoao wasassumed lo be a four lane.undivided roadway from-county Highway a ro about one-half milewest ol Dell Road, and a 32-loot wide collector thereatter.' Foi born greets, icomparativecost estimate was made for an.equivalent length of street 32 ,eet wic,e builr'aiong lhe samealignments. This ailows an estimare to be ma-de rorine
"o.r. *ni"-n "r.
-.oniii.r.o
oversizing' cosls lor other street items as well as for sanitary sewer andwaiei main were notincluded since they wourd be the same tor any siieet and wourd not affea the comparison.
Full development costs for Deil Road and scenic Heights Boad are estimated ro beapproximatery $4,000,000. The same rength or streei buin 32 reet wide *orro .o.tapproximarely $2,300,000. The cost to biassessed over rhe southwestern Area asdescribed berow under Flecommendations *iri ue approximatery $2pob,ood.- -'
ln a similar manner the total cost for a number of area-wide drainage facifiries was estimaled.Generally incruded were rarge diamerer prpei tgi;te r rhan z4in"rior, pono
"onstructionwhere no. narurar ponding aieas exisr "noiu-firnfiicirities. A;;;t;[tir;"-.-rrr"," *".then made for an equivarent tolar rength oiza i'ncn-oLmeter pipe, an arbitrary size regardedas reasonable to expect developers to fully {inance.
-Full deveropment costs ror.air rlge_-dla]nage facirities north of county Highway 1 areeslimated lo be approximatery gd-soo,ooo] rtr" ."r* rengrh or 24 inch diameter pipe wourdcost approximately $r ,800,000. The cost to be asseised over the southwestern Area asdescribed below under Recommendations ,rifr G afiroximately 91,7OO,OOO.
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Recommendatio ns
The special assessment method in combination with application of MSA funds appears to bethe most reasonabre aooroach for funding ;;.;-*il; iiriastructure improvemenrl in tnesouthwestern Area of Eden prairie. rt isiecommenoed rhat Deil Road and s".ni" H.ignt.Road be designated as MSA roadways.
cily staff has deveroped a lgryut3 for ailocating costs.which is presented here as a speciricre.commendarion. For major roadways deveroiers wil pay so derclni-oico-sii issoci"reowith normar roadway construction, o6fined
"s5i-fooi *ioe streets and n"".=.-"i ,ro,sewers for street d.rainage.-The remaining 50 percent ot"os. "..o.ili"-Ji-ii#or."rroadway construction prus so percent ot c-osts Lssociated with orr"iring;iri'be'assessedover lhe southwestern Area on an area basis. The linal 50 percent ol cosls associated withoversizing witl be paid by the City, possibly with MSA funds.
For major drainage tacililies developers will pay all costs associated with normal storm sewerconstruclion, defined as srorm sewers up to and including 24-inch di"il;;;;;rs. Forlarger racirities the portion of cosls associated with oversizing uevonJ iq-inc-h-diamerersewers wiil be assessed over rhe subwatershed area derivirig L;;;iir ;;;;;laciriries. Theremaining costs (rhose associated with 24-inch sewer constriction) wi, be ;;ilydevelopers.
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The area which will be assessed includes all of the study area north of county Highrvay 1
except for the small area north ol Mitchell Lake which presumably derives no'ben-efit from the
major infrastructure improvements. The lotal assessable area is approximately 1600 acres
distributed roughly as follows: 240 acres in Sub-area 1A; 290 acres in sub-area 1 B; 290
acres in sub-area 2AB; 180 acres in sub-area 3;610 acres west of the existing 2oo0 MUSA
line.
lf these assessable areas are used togetherwith the estimated costs lor major street and
drainage improvements idenli{ied above, a preliminary assessment rate in the neighborhood
of $2,300 per acre can be anticipated ($3,7oo,ooo asiessable costs over 1600 acies).
Approximately $1 ,250 per acre would be associated with street improvements and an
average assessment of $1 ,050 per acre would be associated with drainage improvemenls.
(Note that drainage assessments in particular may vary widely dependlnj on me particular
subwatershed under consideration). lt is emphasized inat tnese estimat6s are preliminary
approximations based on broad assumptions which may change as development actuallioccurs. More reliable ligures will be determined at the leasibility study levei which wilt
establish more specific data on which to base assessments.
It is not wilhin the scope ol this study to establish specilic assessment rates which will apply tolhe southwestern Area, but a recommended approach has been discussed brielly here. it'
will be important to establish a balanced assessment ol the infrastruclure improvements byphases so that these improvements serve rather lhan drive development. Tire improvements
will be.constructed in phases and should be assessed in such a wiy that each phase is paid
for as it is built. close coordination and participation among properiy owners wlll be
L..j::"q Jq lacilitate the process. This will be particularty-iirpdnari'r during luture feasibitity
studies which witl look at these infrastruclure improvemenis in more specifii terms.
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APPENDIX A
TBAFFIC FORECASTING METHODOLOGY
INTRODUCTION
Two sets of tratfic forecasls were prepared for this study:
-Year 2005 forecasts which assumed lull development of the primary and secondarytraflic analysis areas as shown in Figure 11 and which *"r" lrtirii"jro a-sIess tne tuttdevelopment roadway needs lor theltudy area.
'Y:l-ol:. !9?0.through 1995 lorecasts which assessed devetopment inside the exisring2000 MUSA rine onry and which were urirized to oeveojme ioaJway'lrrasing pran.
]f9 uas]9 methodology used lo prepare both sets of forecasts was identical, with onty suchassumptions as amounr of deveropment and avairabre roaa rnrs oeina';6'9; dependentupon the forecast scenario. Each set of lorecasts accounred lor botn-ana[sL area rrips(trps wirh one or borh rrip ends within the primary ilt;il;-r;;iiil'tiJrtr,iip, a,ip.utirizing roadways within the anarysis area, but n6t ueg'inning
"ii"oi"g ih"i"i.'tn"methodology and assumotions loi the 2oo5 rorecasts are discussed berow, lo[owed by adiscussion of methodology lor the pt
"ring-"n"lyii. iirecasts.
METHODOLOGY FOB YEAR 2OO5 FORECASTS
Traffic Analvsis Area Trios
A computerized trafric assignment moder.was utirized to ,orecasr anarysis area trips. Aprincipal.roadway network was defined ". pi"."ni"o in rigur; rz, wiifi tro sers or rorecastsprepared utilizing this network. The only dirference in the iorecasis was incluslon orelimination ot the interchange at Deil nrjaO anO i.i. Zf Z.
The p.rimary anarysis area-was divided into 29 sub-zones as presented in Figure 13, andspecific fuli deveropment rand uses catcutateo torea"r, sru-.-one.-i"urJn-i'piis"nts tr.,.land use starisrics assumed for each rrb-;;;; ;il;;crudes some existing deveropment inthe northwest and northeast porlions orine-ararysis area. Trips associated with lhese landuses were catcurared based upon trip generatiori iates puotistieo uy rna rnJtiiuie orTransporrarion Engineers. rn'e rrrp i,r;;;;ri;il;;h sub-zone was modiried ro accounr rormulti-purpose, intercepted-and intiiar
"""rv.i" "r.i-rrips. Tabre A-2 presenrs rhe tripgeneration rates by tand use and the
"O;usi,*r-i"ior".
Trip distribution was estimated l3s.ed upon torecasts prepared by the MinnesotaDepartment ot rransoorrafion ,tiri.rn! i[J;r"-"JJiii!.' methodorogy. Figure A_r presentsthe expected trattic anatysis
"r"" trip'O'i.iriO;;;. " -
Utilizing these network, rri?.g:1r_l1ig".1nq rip distribution assumprions the computer modetIlt-y.llir,q ro assign anaiysis area trarfic ro the roadway syslem. This assignmenraccounted for nor onry'minimum path" routes tolriom trl anarysis
"rr", urr-rrro murtipreroutes where more than one routing ctroice wasieariorr. rr,e aiiigffi,iiyi;ild pM peakhour rorecasts ror ar rrios in and ou-t;iih;-";;i;;;1r"". o"iry riiil;'il;;;:rimared byadjusting the pM peak iorecasts UV a factor of tln. -'
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Through Trips
Trips through the primary analysis area consisted of lwo components:
'Trips associated with the secondary anarysis area rying generaily south or countyHighway 1.
- All other metropolitan area trips.
Trip generation and distribution lor the secondary analysis area were based on the sameassumptions used for the primary analysis area.' Thesl ttps were manuairy assigneo to tneprimary roadway network for eaCh 20OB scenario.
Through trips other than those associated with the secondary analysis area were ,orecastedbased upon forecasts previous.ry prep_areo ror rne o[-of chanhassen in the year 2oo5 LandU$e and Tr?nsoorration ptan, tbAO. 'these pr"riouiior"""sts included both the currenlprimary and secondary anarysis. areas ano tf,e-samJ frimaroao"iy net,"ori .-as sucn, awindow was created in the previous forecasls wtricn rlmoveo all trips associated wilh theanalysis areas. These remaining trips were ,"nriiryi""signed to account lor the scenarioin which no interchange would b-e cdnstru.ieo ai-ii. zlzand Dell Road.
Forecasts of the two throuqh trip components were then added to the primary anarysis arealorecasts to obtain the yeai eoCj5 tutt ievetopment foi"""rtr.
PHASING ANALYSIS FOBECASTS
As noted, a variety or foreca.sts were prepaied to assist in the phasing anarysis fordevelopment inside the existing VUSh tiire.
]3u! n-3 presenls the land use stalistics lor full development of the sub-zones within lheMUSA. 1995 forecasts *ele-pfp?r_e-qOaseO upon inese full development statistics, whiteforecasrs for earrier years (19b0 ' 19931 were d"p"a based upon ies*i
"rornr, ordevelopment. Trip distribution assumpiions were'essentiafly the same as rfie ruridevelopment condition.
The roadway network was modifie.d depm.delt upon rhe forecast scenario lo accounr rorlikely roadway connections ar the time. r.H. zii'was not.incruded in any or the stagingforecasts. The computer assignment mooet wai urirleo tq g"nrrai" tnJplima-rfanarysisarea forecasls based upon these assumptions.
Through traltic, which for theph.asing
_anarysis_wourd ge.neraily utirize onry the peripheralroadways rr.H. s. c.R. 4, c.R- 1), was estimated basid upon spring rge'8ii"rii;"ornr.adjusted.by a 3.5% yearly groMh factor. rramc onitre south reg of the De[ Road/T.H. 5intersecrion ror the 1991 + forecasrs was estimated uaseo upon tev;i";;;;i 'e-ijecreo
nonnol T.H. 5 in both Chanhassen and Eden prairie.
A-2
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Sub Zone Lane Use
lndustrial (Chanhassen)
Low Density Residential (LDR)
LDR
Size
300,000
340
65
3,600
20,000
26
86
't70
97
120
55
220
't5
200
38s
80
61,000
55
105
115
60
105
35
15
95
26,000
15
850
125
90
130
220
35
40
90
95
170
140
210
490
560
705
sq. tt.
units
units
sq.ft.
sq. fi.
units
units
units
acres
units
unils
units
acres
units
units
units
sq.ft.
units
units
units
units
units
units
acres
units
sq.fl.
units
students
units
units
units
units
acres
units
units
units
units
units
units
1
2
3
4
5
Commercial (existing)
Olfice (existing)
Mulli-family Residential (existing)
Single-famity Residentiai (existi-ng)
Multi{amity Residentiat (t'S6 exisiing)
Park
LDR
LDB
LDR
Park
LDR
LDR
LDR
Commercial
LDR
LDR
LDR
LDR
LDR
Park
LDR
Commercial
LDR
School
LDR
LDR
LDR
LDR
Park
LDR
LDR
LDR
LDR
LDR
LDR
b
7
8a
8b
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
South Area
LDF/Park
LDRiPark
LDF/Park
units/40 acres
units/25 acres
units/30 acres
Table A-1
LAND USE STATISTICS. YEAB 2OO5 FULL DEVELOPMENT
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Sub-zone A
Sub-zone B
Sub-zone C
r Table A-2
P.M. PEAK HOUB TRIP GENERATION RATES1
lJse
Single Family Res./
Dwelling Unit
Multi Family Res./
Dwelling Unit
lndustriaul000 sq. tt.
Ofiice/1000 sq. ft.
Elem. School/Student
Park/Acre
Commercial/1000 sq. ft.
17,500
26,000
43,500
61,000
Gross
P.M. Peak RateJn- gld
.61 .36
.bb .31
.12 .91
.43 2.74
.02
1.37s .45
Percent
Mutti-
Purpose
lllps'
3%
550/"
55%
55"/o
5s%
Percent
lnternal
Analysis Area
IiE2
30%
10k
50%
50%
50/o
50%
02
7.06
5.82
4.55
3.87
7.34
6.06
4.74
4.03
1 - Based upon Trio Generation, lnstitute ol Transportation Engineers, 19g7.
2 - Multi-purpose reduction appried ro gross trips, prior lo internar trip carcurations.
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8$/7t
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RED
LAKE
ROC
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Y€AR 2OO5 PNANALYSIS ARE
IMARY
A TRIP
DISTRIBUTION
txE aa^uE8 GEOUP, txc.
OL soN tNc
lEXSliooF I ASSOC- txc,
HAtlSEN txont rElL$tEX PRATRIE
STUDY
SOUTHWESTEDEVELOPMENT PH ASINGEDENRN FIGURE A- I
@ Gil
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Table A-3
LAND USE STATTSTICS. FULL DEVELOPMENT
INSIDE EXISTING 2OOO MUSA LINE
Lane Use SjZe
{-
t Sub Zone
1
2
3
4
lndustrial (Chanhassen)
Low Density Residentiat (LDR)
LDR
Commercial (existing)
Otlice (existing)
Multi-family Flesidential (existing)
Single{amity Besidentiai (existii!)
Multi-lamily Residentiat (t'SO exisiing)
Park
LDR
LDR
LDR
Commercial
LDR
LDR
LDR
LDR
LDR
LDR
ParkLDR :
Commercial
LDR
School
LDR
LDR
LDR
LDR
LDB
LDR
LDR
300,000
340
65
3,600
20,000
26
86
170
97
120
55
80
61,000
55
105
115
60
105
35
15
95
26,000
15
850
125
90
130
95
170
140
210
sq.fi.
units
units
sq. ft.
sq. fi.
units
units
units
acres
units
units
units
sq.ft.
unils
units
units
unils
units
unils
acres
units
sq.ft.
units
students
units
units
units
units
units
units
units
5
6
7
8a
't1
12
13
'14
15
16
17
18
19
20
21
22
26
27
28
29
A
P
P
E
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D
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B
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APPENDIX B
PHASING ANALYSIS OF PERIMETER HOADWAYS
The.phasing anarysis of the perimeter roadways focused on the constraints vrhich theseroadways. mig-ht have on phasing of developmlnt in the primary trarfic anarysis'area. Rsdiscussed in Appendix A, a number or diffeient torecasti accounting ioi
"-J"ri.rv oralternative deveropmenr scenarios were prepared. The two principal roadways which afrectthe abirity o, the srudy area to deverop aie r.H. i"na-cornty Highway 4. The foilowingpresents the key aspects of the analysis.
This intersection is schedured tg.pei?qrlded by 1990. Figure B-1 presents serected tra,ficlorecasts at this intersection, whire Tadre B-ip*r*t; key aspects or the revers of serviceanarvses ror these forecasts and other forec"Ii i".."ii"ii ril;;i;p;r fiiiiiis"or rneanalysis include:
-The intersection currently operates at a tevel ol service F.
-No more than 2oo lots shourd be permitted in the study area priorto lhe 19goupgrade in order to avoid a noticeabre worsening ot
"ii.ting irobr"r;.-
-The currenay pranned improvements to the intersection wi, not adequateryaccommodate tu, deveropmenr inside tne existinjzooo rrrusn.-oi1""te studyarea has about 17oo rots wirhin rhe MUSA,;ddni-ona imfroverrni. *iii u.required to maintain eflective lraffic ,ow. Figure B-2 presents
"on..oiimprovemenrs ar rhe inter.ection *nicn *iir-Iffi; H;i;;'.!-rJi".."J',ipon rrrrdevelopment of the study area inside the vUSn. ' ivv e sv
4
lt a
The intersection is currentry-pranned to be upgraded by 19g1 . The existing intersection isinadequare ro accommodaie'devetopment,6iiil.,ri-*. s, west o,,aircn;iii;[. Figure B-3presents torecasts for 1g9o.,(priorro-the.currentty!ranneo improvemenrs), assuming that 1oodwelling units are deveroped south of r.H. s. ii i,i"irprenr is desired prior to the ptannedupgrade, improvemenrs wiil be necessary at thei.ir-. v oett Roao in[iil-r;;. iigure s_apresents two arrernatives ror providing access at oerr noao ano;;;;ffiffig projected
J!;:"5i,HL:?[iJJi $fi B:l:ffi,'#]""ti'"t' npp"at uv unDoi oi or"nl io, inv
County Hiqhway 4
county Highway 4 is currently a two.rane.roadway, with no improvements pranned except althe T.H. 5 intersecrion. Existing traffic vorumes i,ioicare.tne need to upgrade c.R. 4 to ,ourlanes and the need to improve ihe Scenic neijnis-hJr
exisrins uorrrei at b-""ni" n"isnr, no"o
"s
*tii-"; ;33J'l:",:,"X'Sifi:e'j:ffji:;..r.deveropment inside the MUSA rine. rigure-8-6 presents a concept pran showing the urtimateroadway tayout in this vicinity upon con-struction'oii.i. Zrz
B-t
Thc principal lindiilgs of lhe analysis include:
-c.R. 4 from new scenic Heighrs Road north to T.H. 5 must be upgraded lo fourlanes by December'r991 and include provision for intersection imirovemenrs atboth Scenic Heights Road intersections.
'The two Scenic Heights Road intersections are expecled to operate at a level ofservice D upon tull deveio_pment o, the study area inside the existing MUSA rine.while the rearignment ol Scenic Heights RoLd to the east of c.R. ais desirabre roprovide roadway continuity with the west leg and only one signalized intersection,
the analysis indicates that the realignment dould waii until thE construction ol T.H.212.
-c.R. 4 from new scenic Heights Road south to c.R. .l will need to be upgraded tolour lanes in orderto accommodate lull development inside the existing MUSA line.
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TAELE 8-I
ANALYSIS OT IH5/CR4 II{IERSECTIOTI
1990 Exlstlng
SI{EP
DEVELOPI,IENT
Exlst lng
Exlstlng
Exlstlng and
100 unlts N
100 unlt3 5
Exlstlng and
100 unlts N
300 unlts S
tll I ler Park
Exlstlng and
100 unlts N
300 unlts S
Xl I ler Park
Exlstlng and
"one ha lf"
of itUSA
YEAR
t988
t 990
t 990
t990
t 993
! 995
t 995
LAYOUT
Exl st lng
Exlstlng
eil st tng
lmroved
based on
current
p lans
lflproved
current
plans
APPROACH
VOLUHES
3tl l0
3545
378s
4030
4030
5035
5765
5765
AVG.
DELAY
75. 0
.99.9
107.5
TOTAL
5TOP5LOS
F
F
F
vlc
I .05
t. t3
l.15
t
I
ta
EXCESS EXCESS
FUEL C.O.
COI.IHENTS
Haxlmum des I rabl e
development prlor
to upgrade
Addltlonal
development requ I res
further upgrade
at THS/CR4
F
D 37.6 .81
E 52.3 1.06
tmroved Ex I ct I ng and
current ful Iplan deve lopnent
of HUSA
Addltlonal ExlrtlnE and
lflprovements ful I
deve I opoent
of fiUSA
F
D 38. 4
a Severe l,rpacts - bet ond Ilmlts of analysls nethodo log l es
.98 I
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I.H. 5/l\
3t5/ 290t 310
-E2111210/t]6Osst t6ot no J
6lE/l t20l u l0 ->
ta5/ 300/ 520
106/ t10/ 160
A
NORIH
c0ur{I 0N
APRtt 27. r 98E
SPRllG t 99]
sPRt[6 t 995
xx xx xx
L
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P.M. PEAK
HOUR
TNAFFIC
FOJECTION
AT T.H. 5
ANO
c.s.A.H. a
'HE
anlgEF GAOuP. titc.
otsor tNc
lExsnooF a ^ssoc- txc.
LANStll tHoRt PEIL|iiEI SOUTHWESTERNDEVELOPMENT PH G
EDEN PR AIRIEAS IN STUDY
FIGURE B-I
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PRISEN I LY PLANNEO INTERSECTION
5HT
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POTENTIAL UPGRAOED TNTERSECTION
\
NOT TO
SCALE
5T. H.\
rF.a-.t-rt-
MPFOVEMENT
AT
CSAH 4/T.H.
ESTERN EDMENT PHAS RAIRIESTUDY
SOUTHWDEVELOP ENP
NG
txE EnluE
!EXSr,rOoa
n GeouP. tric.
a lssoc.. tirc.
sEt lhort IEL LtnEr{
OL SoN c
! !-o!!
FIGURE B-2
ffir
POTENTIAL
ADDITIONAL
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I.H. 5
\_
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<_ lzl0
,0
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Note: Votumes tolFrom Dell Roadsouttr oF T.H. S are premi sedon 100 occupied dwel ling units.
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1990 P.M.
PEAK HOUB
TRAFFIC
PROJECTION
AT
T.H.5'
DELL RD.tx€GIIJEF c.!fi sxo or I 3 soc..llrc.tl{lrs trolt rEt lrrEotsON F,$o'Et',IJ=tESTERN EDMENT PHASDEVELOPSOUTHW FIGUFE B-3
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OPTION I: LEI'.T TURN LANE
1
1
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<_
NOT TO
SCALE
+
l5: I
NOTE :
<_<-
l-
T.H. 5
\5 :\
50: I
1
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JJLJo
Dell Rd. should not be connected lrith Lake Orlve E.(south frontage roact west of Oe na.l-r"J". 6oiron t.
OPTION 2: RIGHT TURNS ONLY
( Not. recomnended due to trafficrourr n9 through Chanhassen )
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50; I ti
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Note:It ls cleslrable for Dell Rd. to be connected r,lth Lake0r..8. (south frontage road rrest of Oell nO.l unO""Optlon 2.
POTE N TIAL
TE MPO RAR Y
MPROVEMENT
AT
DELL RO./
T.H. 5
ttrG tl^uEn Giout. trrc
or. sorr
ltfrslrooF I lssoc.. txc.
xlrasEx t!{oat ?tlttNEt{S o U T H w E s T E R N E D E H P R A I R I EEDPoLEVPTNEMHAsNGsTUDY
FIGUBE B-4
@ Gil
Note:MnDOT approval wil'l be required for any temporary improvements.
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EX I5T INC SCENIC HEICHTS
186/ 240
261 1580
{-
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33
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./
NET SCENIC HE ICHTS
NA/255
NA/ 85 I
P.M. PEAI( HOUR t'22'88
IOO5 SPRING PJI. PEAK HOUR
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A P.M. PEAK HOUR TRAF FIC
PROJECTIONS AT C.S.A.H. 4
AND SCENIC HEIGHTS HOAD
olsoit I PC
IlrE 8i^uER GeouP. trc.
ItisHooF t ASSOC- tr.C.xlisEri rSoRP PEt LtNEN
SOUTHWESTERN EDEN PRAIHTEDEVELOPMENT PHASING STUDY
FIGUFE B-5
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NO SCALE
l_
-}-1
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lrlI 5cr.lt,
trrrrl)I ! at,lgIttt QoL0,
-ltlltttt tt 1f
212
o' 400'
APPROX SCALE
A lll rtlt!
I-N
UPGRADE II ITH IN
THREE YEARS
UPGRAI)E X I IIII t{
THRTE YEARS
SCEI{IC HE IGHTS RTAI,IGNNINI
Iil CONJUNCTION XITH t. H.
212 C0i{STRUCT t0[
coco NCEPT PLAN FORUNTY . / SCENICHEIGHIS R o. t TH21
IXE 6A auEi c8ouP. ric.
or-so
!:xs|oot I lssoc.. titc.
xAr.sEt tHoi, PEt ltft€x
SOUTHWESTERN EDDEVELOPMENT PHAS EN PRAIRIEING STUDY
FIGURE B-A
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=
I.H.
SCENIC HE IGHTS ROA()
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EXtSTtNG
PROPOSED
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Estimated costs for Dell Road and Scenic Heights Road along alignments schematically
shown in this sludy, north of County Highway l. The following assumptions have been made:
- Dell is 4 lane divided north ol scenic Hts, 4 lane undivided south ol scenic Hts
- Scenic Hts is 4 lane undivided except for 32-foot wide collector from Riley Lake Road to
half-way to Dell
- interchange costs at luture Hwy 212 will be part of Hwy 212 costs
- Dell Road costs begin al Lake Drive/Hwy 5 Service Boad
- 7 channelized approaches lo interseclions
- developers pay for grading to subgrade, providing a minimum B-value of 1O
- 10 percent additional street length lo account tor alignment diflerences from schematic
alignments shown
APPENDIX C
COST ESTIMATES
Ouantity Unit Unit Price Amountllem
2" 2341 Bil. Wear
3" 2331 Bit. Binder
10" 3138 Cl.5 Base
Tack Coat
8618 Curb & Gulter
Topsoil & Seed
Topsoil & Sod
Storm Sewer
Subgrade Prep.
5" Conc. lsland
Signalizalion
$25.00
22.OO
7.00
1 .'10
7.00
2,000.00
2.00
40.00
1.00
18.00
90,000.00
Ton
Ton
Ton
Gal
LF
Ac
SY
LF
SY
SY
Ea
Fully Developed Streets TOTAL
Cost per LF @ 23,100 LF =
$2,904,980
290.498
$3,195,478
798.870
$3,994,348
$173
I,
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1
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I-t-
I-l-
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a
a
a
--
15,000
22,500
80,900
6,800
59,400
12
13,200
18,500
: 147,000
1,000
1
$s7s,000
495,000
566,300
7,480
415,800
24,000
26,400
740,000
147,000
18,000
90.000
Subtotal
10% Miscellaneous & Contingencies
Subtotal
25% Engineering & Administrative
c-1
Estimated cosls {or Dell Road and scenic Heights Road along same alignments, built at
32-foot width:
Ton
Ton
Ton
Gal
LF
Ac
SY
LF
SY
L
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1.5" 2341 Bit. Wear
2' 2331 Bit. Binder
8" 3138 Cl. 5 Base
Tack Coat
8618 Curb & Gutter
Topsoil & Seed
Topsoil & Sod
Storm Sewer
Subgrade Prep.
Ouanlitv Unit Unit Price Amount
5,300
8,500
34,700
3,900
46,200
11
10,300
18,500
82,000
$2s.00
22.OO
7.00
1.10
7.00
2,000.00
2.OO
35.00
1.00
$157,500
187,000
242,900
4,290
323,400
22,000
20,600
647,500
82.000
Subtotal
10% Miscellaneous & Contingencies
Subtotal
25% Engineering & Administrative
32-ft Wide Streets TOTAL
Cost per LF @ 23,100 LF =
$1 ,687,190
168 719
$1.855.909
463.977
$2,319,886
$100
c-2
Item
i
I
' Estimated.co_sts lor major drainage improvemenls north o, county Highway 1 (see Figure c-1next page). Pipe lengths are 30% longer than scaled from schematiClayout sfrown in FigureC-l to account lor alignment ditlerences.
Item Ouantity Unit Unit price Amount
15" RCP
21'RCP
27'RCP
30" RCP
33" RCP
36'RCP
42'RCP
48'RCP
54'RCP
60'RCP
66" RCP
72" RCP
8" DIP Force Main
Pump Station
Pond Excavation
1,300
700
1,200
2,200
2,700
8,700
500
1,700
1,400
4,800
1,200
1,000
1,300
1
10,000
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
Ea
CY
$30.00
40.00
48.00
54.00
60.00
66.00
78.00
90.00
120.00
140.00
160.00
180.00
30.00
50,000.00
5.00
$3-o,000
28,000
57,600
118,800
162,000
574,200
39,000
153,000
168,000
672,000
192,000
180,000
39,000
50,000
50.000
Subtotal
10% Miscellaneous & Contingencies
Subtotal
25% Engineering & Administrative
27,400
1,300
1,000
$2,522,600
252.260
$2,774,860
693.715
$1,233,000
58,500
45.000
Fully Developed Drainage Facilities TOTAL $3,468,575
Comparative costs for entire system @ 24. RCp:
24'BCP in lieu of RCp above
24' RCP in lieu of Force Main
24" RCP in lieu ot pond
LF
LF
LF
$r,335,500
133.650
$1,470,150
357.538
24-inch Diameter Storm SeweTTOTAL $1 ,837,688
Subtotal
't 0% Miscellaneous & Contingencies' Subtotal
25% Engineering & Administrative
c-3
$4s.00
45.00
45.00
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IMPNOVEMENTS
UAJOR
DRAINAGE
oL 50x Irc
IHt at^l'a8 ciouP.ltc.
lEnsxoot I AsSOC.. tXC.r,ilxstt{ tHoFP PELlrr€x
STERN EENT PHADEN PRAIRIESING STUDYDEVELOPMSOUTHWE FtoueE C-t
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APPENDIX D
sANtTABy, WATER & DRATNAGE METHODOLOGY
The purpose and scope of this study were such that delailed design calculations were
not necessary lor establishing schematic full developmont layouts lor the sanitary
sewer, water main and drainage systems. However, preliminary calculations weie
made for each syslem so that there would be reasonabte assurance that the systems
would work as designed in concept. schematic design assumptions for each iystem
are described in this appendix in order to assist lhe subsequent, more specilic iesign
eflorts which will be needed as lhe infraslruciure systems develop.
SANITARY SEWER
The slarling point ror schematic design ol the fulty developed sanitary sewer system
was the design reports and plans prepared for the REd Rock lnterceptor by Bonestroo,
Rosene, Anderlik & Associales, lnc., and city ot Eden prairie stafl in t ggs'-aa. The Red
Bock lnterceptor sewer traveises lhe study area and has been designed to carry nearly
all anticipated wastewater lrom the area. the design of the interceptor includeci
wastewater inflow assumptions for quantities and locations. These assumptions weregeneral ratherthan specilic and enough reserve capacity was designed foithe
interceptor ro allow some changes in lhe assumed luaniities and 6cations.
The schematic design for the lully developed sewer systems in this study have taken
rnlo account the capacity and reserve capabilig ol the interceptor seweiand in all
cases should function adequately in concert with the intercepior. The design elements
and.assumptions lor lhe sewers in this study were generallyconsistent witfi those usedfor the design of the interceptor s€wer. --
D-r
The overall wastewater flow into the interceptor from the southwestern Area wasestimated in.this.study to be 3.4 mgd (miilioh gaflons per day) areraje ,bw at i;i
!!].e]ge1e1 This compares to 3.3 mgd aveiage ttow estimited byihe interceptor
ctesign sludy. The reserve or unallocated capaCity ol the interceptor sewer in this areais approximarely 3.2 mgd at peak design flow ot s'G.z mgd, so ev'en if a conserriiirepeak faclor..oJ 3 is appried to rhe average frow difference in the two studies, the 0.3 mgdpeak flow dillerence is inconsequenliai
I
I
Design criteria used in this study included:
wastewater flow contributions by land use - 'r750 gauac-day commercial(average lows) isoo iaUac-da! rnOuitriai -'
1000 gaUac-day Low Density Residentiat
700 gauac-day School
Esrimate d re nsrh of sewe rs ar 5o70.s rearer th":t?ffilT;t%!11i; E!,[fi 31"'Design flow velocity at minimum 2 fi7sec.
Flows calculated using Manning formula, n = 0.012.
Design llows calculated using feak faaors as re"omencled in. .Recommended
Srandards ror Sewase [o*1,'by rhe crear r-ar<es -upieir,,tijliilrpiinir".Board ol State Sanitary Engineeis.
WATER MAIN
The starting point for schematic design or the tu[y deveroped water distribution sysrem
)T-.-ll:^1.-"9^1ty compteled.Compref,ensive Masier Ctan iieporr on waren orts '
rmprovemenrs ror Eden prairie; Minnesota, prepared by Bla6k & veatch in rbgo. ecomprehensive frow network anarysis was beyond tha scope ot this study. However,the.schematic system design_canie anaryzei a.-n""".a"ry as trunk and raterar warermains are extended into the Southwestem Area. - --
The water.distribution syste.m for this study is generaily consisrent wirh the 19g6 MasterPlan, but there are a few differences whicfi
"t
6riJu. i,ot.d. The rocation otltre ma;orwesrerry trunk roop in the Master pran rolows the eiisting r,airroio rijr,i-oi-*"v ir,i.ttraverses the area from northeast to southwest. ln iiris stuov, rhis ro'op nas u6en moreofarther west and shitted to a north-soutn ori"nt"tion, seneraily rolowing the future De[Road alignment. rt was thought that the rrtrr" erisi.ince or the rairroad right-or-way isuncertain and that better oveiail flow barance corro oe achieved bt ihra ;;r;. '
The.other diflerences incrude an increase in size from 12 inches ro 16 inches ,or thetrunk extension atong State^HQ.lry"y s, ano an upg;oe in rne frioriiy "r"gi.gi;rtn.trunk exrension arong counry Fighuiay'4, prirariiv-ore to tne stneorireJ-,ipei,i"l orthe Cedar Ridge School in t-Sgg. . ' --
It should also be nored that the 19g6 Master pran was prepared using popuration
' t "projections for the southweslern Area wnicn aplearo'be'somewharttft;;;iil".those used for this srudv. rt is not crear wr,etn5iG., ditt.r"n""" "i" ,iJ^iriir"ii, urrthis should be invesrioaied oetore tne moit *".t"irvir"r exlensions are developed.The Master Plan seeirs ro reave open the n"rJJoi'"ooirionat waterireaimenitJciriryupgrades. lf the popuration in the bouthwestem Area oevetops oiit.i*tivln".i,n"twas assumed forthe 1986 study, such upgrades may becomL htg[ipdiy. ' "
Design criteria used in this study included:
'
,, .i, . .
:,'.
Residual pressure in exisling i6 inch main at Highway 5 & Heritage Road = gg 9s1.Residual pressure in existing r6 inch main at xiEnwai a & MirreiFa* -;t;; 'Desired minimum pressure-in-sysrem roi ioequii;ffi ,ffi;U oj'^
- "' ,;''
Average daily water use _- 1OO laUcapday.
----
.-"'. - , .Peak.hourly water use = 10 tm6s ardrag6 dailv flow.Population €stimared at 2.14 unirs/a"r" iitn g;eiionyunit.
Flows calcutated using Hazen.Wiiliam. torrrfi, C= i}-ol"'
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DR.AINAGE
The starting poinl lor schematic design of the fulry deveroped drainage system was thecity's comprehensive Drainage plan-and waterstieoituoies and p.rans prepared byBarr Engineering company, beginning in 1970. parts of three ,fuo, *it.IJ.-o-.'"r,contained within the southwestern Area, with each of these divided inro nri"Ji-r,subwatersheds.
Using the topographic. map prepared rrom existing records tor the southwestern Areaas a basis, the watersheds and subwatersheds wire delineated. r-r,ei" *ere ior"o tobe generally consisrenr with Barr's work. Known
"rLting orainagaiaciliti;;;;identified and DNR protected wetlands were catal;g;;d.
stormwater derention was provided for in a number of rocations, generalry consistentwirh rhe ciry's Drainage pran. For.rhe.most part, ttrese rocationi-aie e":rii,ij*iii"no.o1 dgep depressions which are naturafly suitbo tor tnis purpose. rn some ""iei,"significant rrees around row areas provided a natural crireriiioi eiiauri.t ing;;irr.slormwater ponding elevations.
It should be nored that detenrion ponding in addition to what is shown in this study hasthe potentiatto signiricantrv reduie prop6s.o pipeiir""in;;;;;;r:';xc gr..\'r
oeveropmenr proceeds in these areas consideration shourd be given to creating suchponding wherever possible.
Design criteria used in this study included:
subw.atershed design storms of 1oo year - 60 minure and 10 year - 30 minure criteria.Pipe llows were caliulated using Manning foirrfa" n = O.Of Z.Pond normal and high water revirs
"siui"n.Juy'runott routing methods or cityDrainage plan criteria.
D-3
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E
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1
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m n
Braue r & Associates; Hoisinglon Group; Benshool & Associates.Year 2005 Land UseTEden Prairie, MN. 1986.
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BRW, lnc. T.H. 21 2 Traffic Forecasls. 19g5.
city of Eden Prairie. 'Land- use projections for Southwestern Eden prairie StudyArea." Communique with City staff. 1998.
Clark, John W.; Viessman, Warren; Hammer, Mark J. Water Suoply and pollution
Control. 1971.
Debo, Thomas N.; Eiliot, Michaer; Nerson, Arrhur c. 'county Begins to Deverop anlmpact Fee Program." Jour. public Works. Nov. 19gg.
Elizer, R. Marsharl. "private-s_ector participation in Transportation rmprovements:Survey Resutts." ITE Jour. 58:46-51. npi. rSaA.
Ferrari, Leilani. "surface water Fees used to Reduce Urban Frooding.. Jour. pubricWorks. Aug. 1987.
Fischer, Vivienne C. "states Rescue Localities wilh Creative Financing.. Am. City &County. Mar. 1989.
Godlrey, K.A. 'Passino rhe pubric works Buck.' civir Engineering/ASCE. 56:50-52.Sep. 1986.
Great Lakes - Up per Mississippi Biver Board ot State San itary Engineers.
Albany, N Y. 1978.
lnstitute ol Transportation Engineers. Trio Generalion _ 4rh Edilion.1987.
Melropolitan council and Minnesola Department ol rransportation. ,Begional rrallicForecast Data.' Several sources.
E-t
BIBLlOGRAPHY
ASCE &,WPCF. Design and Construction of Sanilary and Storm Sewers.ASCE-Manuals and Reports on e.gneering pEaGAo. SZ. 1 969,1 97A
B.an Engineering co. The Drainage pran for Eden prairie. Minnesota. Minneaporis,MN. 1970 and updates.
Black & Ye.atc-l comprehensive Master pran Reoort on waterworks lmprovemenrs forEden Prairie. Minnesota. Kansas CitV, t,tO. lEe6l
Bonestroo' Bosene, Anderrik & Associates, rnc. Reports and prans forthe Red Rocklnterceptor Sewer. St. paul, MN. 1996-88.
tlib;'egraphy (conl.) I
t
Minnesota statute 444.16 - 21. Enabling legistalion tor establishing storm sewerimprovement tax districts.
t
Niorctowski, Raymond S.; Roache, William J.; Bonsignore, Ruth M.; peneault, Rot
*i#,;:j:l;ffiild Road rmprovemint Coriiio p,ivate Deveror"oi fiTf; t
Snvder,ThomasP.andste.gmanllg-ilierf -@ tFees to Finance rnfrastructuie. washington, DEIIirban GndGstitr.rd 19861
,t""-|l.,^9::L*,9:-_U-._""liyI_rnding-and Creative Capirat Financing.- Jour. prot. trssues tn Engineering. 11 1:39-47. Apr. 19g5.
Y:.r^S^h::, Roger.^"tnfrastructure: Money and Methods., Civit EngineeringlASCE. I54:62-66. Sep. 1984.
warren, Richard E. 'street Fares.' civir Engineering/ASOE. 56:50-53. Nov. 19g6. I
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CITY OF
EH[NH[ESEN
690 COULTEB DRIVE. P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
!,TEMORANDI.]I,T
TO:
FROlit:
DATE:
SUB.] :
Planning Coromission
PauI Krauss, Planning Director
DeceEber 5, 1990
Rural Area PolLcies/2\ Acre }lininum Lot Size
As the Planning Conmission is probably at{are, the Metropolitan
Council is considering policy changes concerning rural areas whichby definition are those areas located outside the UUSA 1ine. Inprevious packets I have presented copies of prelininary drafts ofnaterials presented by the l{etro Council on this issue. There area nunber of potential issues affecting Chanhassen directly fromthese policy changes. My written conments to the l,letro Council, onthese changes is attached to this neno.
In addition to discussing these policies at the Planning Connissionmeeting, I nish to also discuss the rural area minimun 1ot size.
As you are aware, the city has a reguirenent that niniruum Iot sizein the rural area be 2L acres. This requirernent was adopted by theCity as a result of the Lake Ann Interceptor Agreement. Sone lrould
argue that the agreement and conditions were inposed upon the cityby the Metropolitan Council . Staff has no argurnent with the ruralarea density of l unit per 10 acres horrever it is computed by the
Metro Council . Fron my experience and fron data that was collectedduring the drafting of the Comprehensive PIan, it is clear that theCity nust take reasonabLe precautj.ons on preventing premature
developnent in the ruraL areas. Prenature development of these
areas leads to significant environmental problens as lrelI as nakingit difficult to expand the community and extend urban services whenit is necessary to do so. Our recent dealings with neighborhoods
such as Tiruberwood or Sun Ridge Court bring these problems to nind.
However, I, and f believe several Planning Commissioners, have feltthat the 2! acre minimun lot size reguirement is a problem. Two
and one-haIf acre lots tend to gobble up large tracts of land tosupport relatively fel, households. It results in developmentpatterns such as Tinberwood that are difficult to provide servicesto if it becomes necessary to do so or to route services aroundsince assessing these properties nay be difficult, if notpolitically impossible. This is not to infer that somebody who
Rural Area PoLicies
Decenber 5, 1990
Page 2
desires to live on a 2\ acre lot should be prevented fron doing so,only that institutionalizing t}re 2\ acre minimum in the ordinanceis probably not an ideaL thing to do. However, since thisreguirenent was imposed upon us by the !.{etro Council, there has
been relatively Little thought given to this standard. However, asI indicated to the Planning Conmission last nonth in a neeting with
Metro council Staff, I was infomed that the Metro Council now
supports a 1 acre nininum lot size in these areas although theystil1 uphold the 1 per 10 acre density ru1e. I was further
inforrned, and am frankly sone*hat upset to find, that the Metro
Council appears to have changed this standard fron 2* acres to 1acre at virtually the same tine they were requiring the City of
Chanhassen to adhere to it in 1986. In any event, it is clear that
we probably have flexibility to lower our nininum 1ot size if we
choose to do so. f rrould like to throw this out for discussionpurposes. f believe it would be in the Cityrs best interest andprobably the property olrnerr s best interest in these areas to allowfor these smaller 1ot sizes. At the same time, the Metro Councilis insisting that cities adopt high standards of design and
naintenance for on-site sewer systens and this is an understandable
reguirernent since this is an environmental concern associated with
these systems. The City of Chanhassen adopted these standards in
1986, thus, $re are probably in conforroance with any new policiesthat the Metro Council would be creating at the present tirne.
we beLieve, however, that it night be useful to look into thepossibility of allowing l acre lots lrith a connunity based on-sitedisposal system rather than individual drainfields. If properlydesigned, the conmunity based systeu should have an irnprovedpotential for being better maintained, would facilitate inspectionby the city and ultinately wouLd facilitate the expansion of cityutilities to serve the area at such tine that this becomes
necessary since it would simply be a natter of disconnecting thepipes frorn the cornnunity drainfield and connecting then into city
l ines .
Should the Planning Connission be interested in pursuing thismatter further, you should be aware that the 2\ acre standard isnot only in our ordinance, it is in the Iake Ann InterceptorAgreement. This is a contract that was entered into by the city
and l,Ietro Council and is a contract that rrould have to be amendedif this standard is to be revised. I have requested the CityAttorney to draft a contract anendment and this is included in thepacket of naterials attached to this neno. staff is seeking yourdirection in these natters.
CITY OF
EH[NH[SSE!I
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
DeceDber 3, 1990
!Ir. carl ohrn
Metropolitan Council
Mears Park Centre
230 East 5th streetSt. PauI , DtN 55101
Dear carl:
Unfortunately, due to prior cornmitnents, I was unable to attend any
of the public neetings on the proposed Council Policies for Rural
Service Areas. working with our local assoclation of southwestern
cornrnunities, alohn Boland has presented you with sorne docurnentationthat in part covers the position of the city of Chanhassen.
However, I believe lt would be valuable fdr ue to convey to you
directly our reactions to the proposed policy changes. uy connents
foLlow the outline of proposed changes presented in Table 5 of your
report .
Preservation of Agriculture
The city of Chanhassen does not have any uaior issues with ag
preservation, however, we believe that the Ag Preserve Policy
should reflect the Location of parcels in transition areas where
these occur. For example, the city of Chanhassen stil1 retains a
fair arnount of agricultural land ln the southern part of our city.
Much of this land is leased rhlle being held for developnent and we
have only approxinately 3 to 4 active farmers uorking the
eonnunity. Sone of the acreage in this area is llsted as agpreserves. However, in our cornmunity this area Ls surrounded on
iour sides by urbanized developnent and in all probability thiswill ultinately be converted to urban uses. As you are probably
arrare by now, the city of Chanhassen ls vorking on a coDplete
redraft of our Conprehensive Plan that uill expand the UUSA line by
approximately 2r5oo acres since ue are virtually out of developable
land within the uUsA at the present time.
IrIr. Carl Ohrn
December 3, 1990
Page 2
Lot Size
Under the 1986 I,ake Ann Interceptor Agreenent, the city of
chanhassen uas required to adopt 1 per 10 acre density zoning,
inprove regiulations for on-site selrers and was also iequired to
adopt 2l acre mininum 1ot sizes. It cane as quite a surprise when
you indicated to me in a meeting in Chanhassen two nonths ago that
the council had deleted the 2t acre 1ot size standard approxirnatelyat the sarne tine as the clty of chanhassen was required to adhereto it. The city of chanhassen has had considerable problens
stenning fron the 21 acre ninirun. We in no uay object to the 1per 10 acre density in the rural area, but the 2l acre lot size
ninirnun has create a series of rural subdivisions that rnake it
extraordj.narily difficult to transition these areas to urban
development. They becone virtual black holes where it is alnost
iurpossible to extend city utilities since it is difficult to assess
costs back to properties that have Just spent considerable suns of
money on installing private utilities. I{e are, therefore,gratified to read that no nininum lot size is being proposed andthat perfornance standards based on on-site disposal are being
sho$rn in place of establishing a nininun. f would anticipate thatthe City of chanhassen nilL be coning back to the Metro Councilshortly with the goal of revising that portlon of the Lake Ann
Interceptor Agreenent that stipulated 2l acre rnininums for ourcommunity. we would anticipate trying to pronote further
clustering of such developnent that is allowed to take place within
the 1 per 10 acre gruideline in our transition area.
on-site seuage Disposal systens
As I noted earlier, Chanhassen has adopted and has been
enforcing for the last 3 years current standards for developnent ofon-site utilities. Your proposed gruidelines would require
conrounities to trcertifyrr cornpliance prior to approving 1oca1 plan
anendnents. I would clariflcation as to what this certificationentails since we would like to uininize the need for expandedadrninistrative procedures or bureaucracy. Another possibly noreinportant issue of on-site aewage disposal systens is that intransi.tion areas such as those found Ln Chanhassen, it nay be nore
reasonable to consider the use of a connunity based private
disposal systen using a comnon drainfleld and other facilities. Webelieve that if these facillties are designed and naintainedappropriately, that they provide a better opportunity for
naj.ntenance at a higher standard and facilitate inspection rrhenthis is required. I{e also believe that nost inportantly theseaorts of systems vould lend themselves to conversion to city publicsanitary sewer at such tine as these are avaiLable. We would askthat you consider looking into standards that may be applied for
such systerns and make this option available.
IUr. Carl Ohrn
Decenber 3, 1990
Page 3
Transition Areas
We are gratifiea that the Uetro Councif is considering theadoption of a Transltion Area Pollcy. We believe that the
undeveloped portions of Chanhassen represent an ldea] area for thisdesignation. Our undeveloped areas are surrounded by urbanization
on alL four sides and ls currentLy served by or will be bisected byfour lane highways. We are concerned, horrever, that while theconcept of transition areas has been proposed that there are nospecific Aruidelines for then. In particular, ue note concerns thatwe have had along wl.th other unlts of government in this arearegarding Council policies relative to highlray J.mprovenents throughIrhat we believe will be terned the transition area. Concernsraised by the lletro Council regarding extenslons of Highway 5 andconstruction of Highway 212 through the transition area, in spiteof the fact that ue are planning for these to be developed and thefact that there is ample demand for the roadways, brings theseissues to the forefront. We also note that our mass transit hasbeen hampered by an inability to site a park and ride facility atthe intersection of Highways 5 and 41. This area is currentlylocated outside of the MUSA although rre are proposing that this bebrought into the MUSA line. tltetro Council policy currentlyprohibits the expenditure of funds for transit improvements outsidethe lilUSA line, in spite of the fact that Highways S and 41 arehiglIy traveled and uould be an ideal spot to intercept tripsconing fron Chaska, Waconia and points rrest. Vte uould appreciatethe opportunity to interact with you and your staff furtherregarding the transition areas, shoul.d an opportunity arise.
Dens itylClustering
As noted earlj.er, the City of Chanhassen has already adoptedthe .1 per 10 acre density guidelines and has no problens incontinuing enforcenent of then. We bel.ieve that this policy is ofgreat use in protecting the transition areas fron prirnaturedevelopnent. Holrever, the proposed ways in which density is to becalculated are unwieldy and I believe inapproprlate for transitionareas and for areas auch as those found around Chanhassen. OptionsA and B would reguire the analysis to include Eubstantial tracts ofproperty that are ln aII likel.ihood not owned by the personapplying for a subdivision. In Chanhassen, the agriculturalproperty has generally been subdivided into considerably srnallertracts then are found further out ln the rural areas. In essence,the proposal you have offered constitutes a de facto transfer ofdeveloprnent rights rrhereby the City would, by approving asubdivision for Iandoyner A, thereby precl.uding f,anaowner B lrhohappens to be within the 150 acre or 640 acre tract fron anydevelopnent without any knowledge on their part. I believe this ilinherently- unfair and should be avoided. again, we do not opposethe densities that you are proposing, in fact the reverse is Liue.
Sin 1y,
PauI auss, AICP
Director of Planning
PX:v
cc Planning CornnrissionCity Council
I{r. Carl Ohrn
Decenber 3, 1990
Page 4
we are merely concerned wlth the Eethods you are proposing for
conputing thern. we would like to be able to contlnue with policiesthat have already been developed and in use since 1987.
Again, thank you for the opportunity to conment on the proposed
revised policles. we look forrard to uorking rith you on this and
related Datters. l{e sill be in contact lrith you and your staff
shortly regarding the reLease of the conditions fron the 1986 IakeAnn Interceptor Agreenent rel.ative to ulnluun lot area
requirenents .
Thomas.l. Campbell
Roger N. Knutson
Thomas M. Scoa
Cary G. Fuchs
James R Valston
Ellion B Knetsch
Gregory D kwis
Drmis J. Unger
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attornels at Law
Novenber 30, 1990
(612) 456-9519
Far. (6121 456-9542
Mr. Paul Krauss
Chanhassen City Ha11
690 Coulter Drive, Box 147
Chanhassen, Uinnesota 55317
RNK: srn
Enclosure
Dear Paul:
Pursuant to your request, enclosed please find proposedFirst AEendEent to Sewer Facility AgreeDent in the above matter.
RE: Lake Ann Interceptor Asreement
ery
LL,
TUCHS,
ON SCOTT
sonN
RECEIVED
DEC 041990
CITY OF OHANhASSEN
Yankee Square Office III . Suite 202 . 3460 Washington Dri\re . Eagan, MN 55122
THIS AGREEIIENT, made and entered lnto by and between the
IIETROPOLITAN cotNCIL (hereinafter rthe Councilrr), the UErROPOLITAN
I{ASTE Co}flfRoL cotilfssloN (lrereinafter ithe Conmlssionr), and the
CITy OF CIIANHASSEN (hereinafter ithe Cltyrr).
WHEREAS, the Council, the Conmission, and the city have
previously entered into a contract entitled nsewer Facility
Agreementrr dated l,larch 19 , 1986 (hereinafter rtthe Contractr') i and
WHEREAS, the parties desire to anend the Contract.
Now, THEREFoRE, the parties hereto, in the joint and separate
exercise of each of their pouers, and in consideration of the
mutuaL covenants herein contained, hereby agree as follows:
Section 6.1(A)3 of the contract is anended to read as follows:
A provision applicable to any future subdivisions designatingrural service density standards of one residential unit perten (10) acres in general rural areas and one unit per forty(40) acres in agricultural rural areas subj ect to variances as
nay be pernitted by Law. The parties recognize that thisprovision nay include elements to address unconstitutionaltakings, hardships, and unigue circumstances.
The city agrees to adopt, after review and acceptance by thecouncil and prior to August 1, 1986, the above described
comprehensive plan auendments. l{otwithstanding any otherprovisions of this Agreenent, no use of the facility as atrunk sewer shall be pernitted until the City has subnitted
and the Council has accepted the above described plan
anendments.
IN wITNEss WHEREoF, the parties hereto have executed this
Agreement on the day of , L9-.
FIRAT il,IEITDI,IENE
TO
8ETER ?ICILITT IGREEUENT
Approved as to forn UETROPOLITAN COI'NCI L
BY:Its Chairperson
Approved as to forn
Its Executive Director
TTETROPOLITAN VIAS?E CONTROL
COMI,IISSION
BY:Its cha rperson
AND
AND
BY:
AND
Its Chief Administrator
CITY OF CHANHASSEN
Donald J. Chniel, Uayor
Don Ashworth, City }tanager
-2-
i^)SE}'ER TACILITY AGREENEITedd/ B' rP'e
THIS AGREE|EIfI, aadc end cntcrcd lnto by .nd bctr.ccn thc ,iETRo?oL|TAN
COullClL (hcr.in.ft.r "the Council,r)r thc AEfRoPoL lTAx YASTE CONTRoL ConllSS101{
(hcrcinrfter Ithe C{rilrionrr), lnd thc CITY OF CHAIHASSEX (hcr.in ft.r 'rthc
Ci ty") .
I{HEREAS. thG Council end Cqrnisrion, folloning rcvicr .nd .nalysi3' h.vc
includ.d in the Cq ri3'3ion'3 1986-1990 o.vcloFlcnt Pro9r.t! pl.n3 for thr
eonstruction of . grrvlty intGrcePtor lcHrr along thc LrkG.Ann - Rcd RocL Lakc
routc as gcnerat ty dePictcd on Exhibit A lttachcd h!?ato atrd-oadc--+ taF{, - --- -
hercof. to convcy :cmgc froo thc L.h. Vlrginia tift 3t.tion to thc Purg.tory
Crcck intarccptor; .nd
IJHEREAS, the dccirion to build the L.kc Ann intcrcaPtor uas ia Plrt br3cd
on raprcscntations by the City thst if that Portion of th! intarc.ptor lying
rithin thc boundaries of thc City.nd north of T.H.5 (hcrcinlftcr 'rthc
fecility'r) yould 3ilrultancously 3erv! a3 e connirsion intcrceptor and a locrl
trunk rarcr for th3 city, thc city rould Pry for. Portion of thc ProjGct 3art3
of thc t.cility wcr.nd.bove lt9 sAc ch.rgr cost contribution .nd th. city
yould furthlr agrce to D.kG nec.saary aocnalncnts to lt3 cctPrchcn: ivc plen'
carprchans ivc rcrer plrn and official Gontrolt to "nturc tha .voidancc of
preoaturc grarth or urbani:ltion in tccordrnce uith Couocl I Pol icica; rnd
. IJI{EREAS, thc Counctl' thc CcrElis3ion .nd thc City h.v. .gr.cd th't thc
Flcility can be d.s i tnad and u3cd 3iEultaneou3ly e: I ca-!irsion interceptor
s*er tnd a local trunk 3Gir.r for thc City;
xol{, THEREFORE, thc P.rtics hcrGto' in the Joint end rcprretc exercirc of
clch of thcir pwcr3, and in considcration of thc Eutu.l covenants hercin
containcd, hcrcby lgrec 13 follorG:
.l
SESTION I.
REC I TALS
)
l.l) Council and Connrissioh - Pur3u.nt to fiinn. St.t. SGc. 473.U6' thc
Counci I tras .dopt"d . CaPr.ltcllsivc Sarar Pol icy Plrn for thc col lCctlon.
trcltlrcnti and disposel of 3e!gc in thc iatroPol ltan arGl. tlinn. Stat. Scc.
l73.5ll .uthori2es thc Crrrrli33ion to rcqui?G, con3truct. cquiP. ..int.in .nd
operlte !ll intcrceptors aftt tr.lEtcnt rork3 necdcd to iaplanrent thc Councilrs
Ccrnprchcns i vc Sser Pol icy Pl!n.
1.2) Lrk. Ann lntlrccptor. Chanhtstrn Scorrcnt - ThG Council ahd --Cornirsion havc. cicte.rnined ttrat the tacility is necer3.ry for rnd th.ll bc
constructed Pursuant to the Counci I rs Corprehensivc Sciar Pol icy Plan rnd the
Ccnais:ionrs 1986-1990 Dcve I ogricnt Progrrr. This rprk i. to bG utrdertrhcn
pursuant !o th. coflrri33iont3 Projcct ilo. 82-53.
I.3) Citv Scncr - Thr City h.s pllnncd thc con3tructlon of r trunk 3a,Gr
along th. genc l route'of thc t.cility. Thc City h.r d.tcmincd thrt thc
Joint urc of a ringle rercr plpc to be con3tructad, orrncd, .and oPcrrted b), the
Cmiesion lri ll 3.tisf y ccrttin rorer lcrvice nceds of thc City. ThG City
agrcc3 that it xill conduct tll procecdings nGca3sary under lrv rnd ordinance
3o .3 to .uthori2c it to p.rticig.tc in thc cost of the con3truction of thcf.ci I i ty.
l.l) Construction - ?he intcrccptor and trsnl r6rer ean ba con3tructed.t e riaglo pip. .nd thG dc.ign of thc F.cility .nd lts constru.ction c.n bcat
bc undrrtlkcn b, thc Cqrtli33ion.
sEcTt0ll 2.
FtctL,TY COilSTRUgtt0X IID CAPACtTy
.2.1) Flanr end So:eiflcatlonr - ?hc Cmlrrion hrs rct in d a canrulting
rngincer to prcp.rG. pl.n3 .nd rpccificetion3 fo? thG con3tructlon of thcFrcility. ThC plan3 .nd spcclficrtion3 fo? thc tacllity 3h.l I laclu.l. .dequ.tc
d.3 i g,rcd ceprc I ty to cn.blc th. Cityr3. u.G ot thc t.c,l ity t. .p.cifi.d la thislgr.tacnt for trunk 3crrcr psrpoass, rl r,Gl I er uI of th. Faclllty a3 aEmi$ion I ntsrceptor. ?hc Conlrrlon 3h.ll d.slgn thc Frcillty to prorrldc
crpeci ty for 3aturatcd dcvcl oF.nt of thc l.ad rithln thG clty trlbutary to the
Feci I i ty. Th I r cepec i ty :hrl I be dGtcrai ncd on or bcforG Eoi rt ion rpprov.lof thc pl.rtt end :pccificrtion3 for thd F.clllty. Sgcctfic.lly, th. t.cilityrh.ll, .t. linluE, bc d.3igncd rrlth 3.3 ellllon g. ort! gcr dry (.rllcD'r) pceh
crp.cl ty tor gity trunk rocr urr. Thc Coii:ion:rgrcer to .l lar th. Clty torryrrie end cE nt on tlrc plrnr tnd ipeciflcetloa. tor thG Frcllfty ao aa toiarure thtt'edaqu.tc trunk rorGt e.p.cit, 13 provid.d. Iotni thrtridi ng enyo!h!r pro\rlalons of thia lgrCtrecnt, the CGl3slon rhrl t bG tol.ly nrponriblcfor approvl ng plens end spcclflcrtion3 tor thc Faclllty.
Z-2, Contrrct Adninistrltion - Ercept .3 hrrri nrfter pro\rla.d, thct.Eility conslrsct i oo contract rhall bc .rclualvaly a6ini3t.r.d by th.gE6i33ion, rnd thc E+.ni$ion agr..3 to c.ua. th. con3tructlon p?oj.ct to b.
cEEp I ctcd in lccard.nc. rith th. .l€ign plans rnd thG Gonfor-Dlng conrtructioncontr.c!. ?ht Cai:sioa rhrl I prwidc . r.r id.nt cag i occr to tsperai3r !h.
Frfom.nca of thc Frk, lut th. City ?.y Inspcct thc a.tr?irlr to?, .rd
@nrtructlon of, tic Facility rt any tiaGr and !.y r.qucst th. co.Di.3ion torequire thC contractor to perforE any D|rt of th. contract ln .cclrdancc yith
its tcras, and to anforcc rny proniriofi of tia contrtct necas3try !c obtain
ruch pcrforrence. ?hc Cai$ion ?.t in3 sola.uthorlty to rlataflln rtrGthGr
contr.ctor pcrforE ncC i! coas i ltent rith tlrc tctE of thr csntrac:. "
sEgTr0x 3.
PROJECT FINANCIXC
L
3.1) P?oicct Costs - ThG City.gr'Gcs to p.y thc Cmission th! 3l.Er of
Four Hundrcd Eighty-irc Thourend 0oll."3 (51.82,000), logcthGr tith intcr.st .tthc r.!e of nine pcrclnt (93) pcr .nnlrt on thc out3t nding b.lrncr. as its
7(
ahlre of thc coit of con3tructing thc tacility. lntcra3t 3h.l I bcgin to acc?ue
a3 of the drtc thc Ccr lission alrards thc contract for construction of thaF.cility. Thit obl i9!tion rhrll be peid in tyenty-onc (21) in3t.llncnts
pur3uant to thc dlbt scrvice schcdula att.chcd hercto as Exhibit B and
incorporatrd hcrcin. Thc fir3t instrllnen! shsll be in tha uount of
5&3,380.00, pGprcscnting interGst .ccrucd to thG drte of such plyrEnt. Thc?.o!inihg plynents 3h.ll bG peid ln 20 alual in3t.llDcnts of 552,801.40
rnnually tor ty.nty (20) yaars. Thc City Dly pry thc out3t.nding princip.l
blllncc !t.ny tiae. lf it doC3 30, it Hill p.y int.rcst on thc out.t.nd ingprinciprl btlanca pro rata fro{D thc prcviour imtal lDcnt alatc to date of 3uchp.)4nent. Thls obligation 3h.lI con3tltutc . ch.rgc prytbl. to the C ti3sion
undcr tlinn. Strt. Sec. \73.521.
3.2) ln3tlt ln.nt oat.s - ThG fir3t in3t.llDcnt p!),acnt .h!l I ba duato thc gcltrlti33ion on thc d!t! onc ye.r follotring Cannission ar,lrd of thecohtrlct for construction of the tlcility. lll aub3cqucnt payn.ntl rhell bea.dr on or baforC thc .nnivcrrary datr of thc flr3t p!F!ent. Pryrcnts 3hEll br
creditcd to thc rcduction of thc priDcip.l .Dount ln .ccord.nc. ylth Erhibit B.
3.4) Accclcration of P!).rtients - lf rny dGfrult i3 ladc in the p.)aent of
lny instlllncnt, tha Co.nii3sion E y.t its option .nd upon thirty 6O) aeysy?ittcn noticc to th. City, clGct rnd dccl.re th.t thc GntlrG unp.id Drlncip.l.rount pry.blc by the tcrns of thl3 AgrlcaGnt 3h!ll bGeac imrcdirtely duc rnd
payable, lnd 3uch d.bt nry thcrcupon bc col lectcd by ruit or othcr Lcgslprocaedings. Thc City shal I hevc thirty (30) drys frq! delivery of notice to
curc thc dcfaul t.
3.9 Confcssion of Judoncnt - The City harcby .uthorizes lnd _cnpor.crsany lttorney at l.rr to appear for it in rny court of record in thc Stata of
llinncsota on dGfault of payrDcnt of any iBt.lhDcnt du. pursulnt to thi3
Agrcsrcnt and thcreupon to ylivc l33uance and scrvicc of procc33, to confGs3j udgrDrnt .gain3t thc City .nd ln frvor of thc C@i3rion for thc principsl itaof thi3 obligltion, togcthcr yith intcre3tr cg3t3 of ruit and rcaronr-ble
attorncyr3 fccs, end to rcle.sc lll errors rnd yeivc all right of appaal.Prior to entering r dcfault judgrnent, hancvlr, tha Crrlairsion 3h!ll glve th.
City thirty (30) days .dv.ncG t.ritten notice of lt3 lntcntion to do 30.
sEcrr0x l.
or{xERsHtP alD usE
l.l)ovxERs H IP OF THE FIC I L ITY -?he Ccrtni rr i on 3h.l I b! thc 3ol c orncrof the Flcility.nd shalt ba responsible for lts operationr lEintenrnc.. .
rcpair, and rGcon3truction. The Coltlnission 3hal I opGr.tG and-.arintain thcFlcility in good, rrorking order. tnd thall preservc ahd Eaint.in that portionof the clpacity- of th! Facillty.3 dcsc?ibed hcrcin for u3G by thc glty .3 .
n\
3
(
3.3) ConnGction Charoe - Thc City c!y, to the Gxtcnt el loycd by lrr,rstablish r connection ch.rg. in opder to providc aoncy for pafnant of all or !portion of itt nonetary obl igstions undcr this AgreclDGnt. taiture of thc
City to institutc a conncction chrrge for rny pcason xhltsoGvcr 3hal I notrelicve it of thc obl igltion to !.kG plyDcnt3 undcr thir Agreclrent.
trunk 3arrer. The Cdlligsion rhrll not bG rc3ponsiblc for con3tructioh,
opcrltion, lrintcnance, rcpair or ?Ccon3truction of rny conncction to thGFecllity yhich i: not conrtruc!.d by th. C6t|iision .3 p.rt of Canrierion
ProjGct 82-53.
'f., Citv u3c - The City rhill b:.uthorized to a.lc u3e of thc frcility.t . trunk 3Gt,!r for e ainioun of l.l HGD pcrk crp.city .t 3uch locrtionr rs!.y be.uthorizGd by thc C{lrl3sion .(which .utho?iz.tion .h.l I not bG
unr..3on.bly vithhcld), con3l3t.nt rlth th. prwirionr of thc City'3
taprehcas ivc Plrn rnd Cmprehanrivc Scrcr Plrn. and thc dcrign.plrnr for thcFeclllty vh.n .rG.3 trlbutrry to thc F.cll lty trc brought ylthin thc Cltyta
urb.n lcrvic. ercr. Thc Clty rhel I rpply for r eonncction perarl t for elldir.ct conncctlon3 to the F.ci l lty .nd 3h.l I corply yith thc Ccrmi$lonrr
tCchnic.l tnd enginccrlng rcqu I rcrtcnt3 for 3uch connection. lll cort3 of tuch
connlctibn! 3h.l I b. plid by thG Ctty.
f., lndcnnlflcatlon - ?hG CIty .gr..r to lndaanlfy .nd hold h."!lcisth. g6!l3.ion. ltr eaployec., or rgcntr frcn and rgtin3t .ll claiD3, daa.gcs,
lo3rGr rnd cr(pcn3c3 r including attorncyra f.et. attributrbl. to lny claiEsrrgrrding u8il+a{Cao of thc trunk tcire? Gapaci ty in th. tacltlty.
P#r/ifr>\rr
stcTr0x 5
Rt GHT-oF{AY ACqUtSlTt0x
5.1) Duticg o? Cltv - Thc City rhall ..ti.t thc C@t..lon ln .cqulrlngth. nc€cssa?y p?oprrty .cgui3ltlon3, rights of. .ntry rad other propGrty
I ntcrG3t3 or pcra i tr n'-3dcd for con3truct i on of th! F.citlty .nd th.t portionof thc L.kc Ann lntcrccptor lying y,thin th! bounrl.r iGs of thc E,lty. Such.ssistancr shel I lnclude. .
l. Corwcyanc! to thc C@ia3ion Hithout chargc, of ell orscnrn!3 ne,
orncd or hcpciasttcr .cquircd by thc Clty along t.t!c final routc of !h.F.ciIlty .nd thc L.k. Ann lnterccpror.
B.Corrvcranca to thc C€Git3ion, rithcut chargc, of any Gs3caant! I ocatcd
on propcrty 6rncd by thc Cit, ylrich ar. dctrnintd ncccsstry by tJECcoi:rion for soastructlon of thc Facllity or !h. LrkG Ann
I ntcrcaptor.
Approv.l and lstiorlzrtlon for usc, yithour chrrgi. of pubt ic rightsof rly Hlthin thc City .long the fin.l rourc of th. t.cil ity rnd thcL.kc Ann lntrrccptor.
c.
D. Eoog:rttion yith the Ccnui:rion in ecouiring .r.G!.nts or othc"propcrty interGcts f rcra govcrlacntal 3ubd iviri ont, bu3i nes3 Gnti ti cs, .trd prlv.t. iadividuelr dctGnri ncd DrcGs3lry by thc C@irslon for
construct ion of th. t.cility .nd thc L.kc Ann lntG?crptor.
5.a Publ ic Purpose ?hG City riipuletes .nd agrGc3 th.t construction ofth. F.cility i3 for. publ ic p0rporc .nd th.t .cqui3ition of propcrty thcrGforGir ncccssary .nd .uthorizcd by ler purruent to ,linncaote Stetutar 1981,
Ch.ptc? I17.
I
r(
sEcil0r 5
LAXD USE PLAIITING AIIO CO*TROL
6.1) cr;rth Control -- ln.ccordlncc t,ith the Couhci I'e llctropol itan Dcvcli
oFent trrmlyork and .pplicablc pol icy plan3. thc City agr.c3 to u3e it3 bcst -
afforts to prcvcnt thc prcalture urbani:ation of !r!!3 out3ide the ycrr 2OOO
Itetropol itan Urban Service Are. Spccifical ly, thc City .9rGG3 th.t lt rh.ll do
.nd pcrforra thc follorring on or bcforG Augurt I, It85:
(A) Sulnit to the Council for rcvicn rn .doptcd c6prchcn3 ivc pl.n or 3uch
conprchcnr ivc pl an arlcndnents ai nay be neccr$ry to capl y ul th thetollo{ing provision3 of thi3 AgrGcacnt. A$cnd,DCnts to thc Cityr3
Ccllprchcns ivc plrn 3hsll bG suboi ttcd to tha Counci I to? rcvis and
.cceptlncc pur3ulnt to thc ,lctropol itrn Land Planning Act follaing
lpprovll by thc Cityri planning cqrrission ahd aftcr con3idcrrtion but
beforc final approval by thc Cityra govcrnlng body. Provi3ions of thc
City's eonprehenrive plan yhich hlvc bccn prcviourly .doptcd by thc
City and ecceptcd by thc Councll 3hall not bc aubject to Counci I
reviev and ecceptancr hcrcunder cxcapt !s Ely bc nrclssary tg cnforcc
the fol loHing thrce I isted provirions:
a provision that the C i-ty rill not cxcccd thc Councilrr
prelininary y.!r 2000 saicr flov .l location of 1.3 llED .nnu.l
avrragr f Ie, or cuch final rcrer fl* allocation aa Dry rc3ult
frqa rcvisionr to thc Councll's tlctropol ltrn DevcloPcnt
Franawork; and
a provirion applic.blc to ray futur. ruldivirionr dcaignrtingrural service dcnsity 3t.ndlrds of onc rcsidenti.l unlt pcr tcn
(10) ecrcs in general rur.l .r..3 .nd onG unlt per forty (10)
ecres ln lgricultural rurrl rrerl, both ylth ainiora lot 3lze.
grGrter than 2.5 acrc3r subjcct to varlanca a3 lay bG pGrrl tted
by lar. Thc plrtics recogni:c thst thi3 prwision r.y lnclutl.
clE'rcnts to .ddres3 Lrncon3t I tuti ona l taLlng3r hard3hipi altd
uniquc c i rclnstancc3.
7h. City aEr.eE to.doptr .ftrr rcvicn rnd .ccGptsncc by thc Counci I
.nd prior to Auguit l, 1986 th! !5ove-dcssr i bcd ccngrehcns ivc plrn
rrncndiants. Notxith3tlndin9 any othGr prorririons of thi3 Agrcc'tcnt.
no u3c of thc F.cility at r trunk 3ar!r 3h!ll b! pcroitt.d unti I thc
City has Bubaittcd rnd thc Council h.s rcclptcd the rbovc-dcrcr I bcd
pl an .ancndDcnti.
-)
a
5
(
r provision designating ! yclr 20OO urben rcrvicc rrca conlaining
no hore than 24I.0 lcres of v.c.nt dcv.loprblc land rhich includcspl.ttcd lots lnd undrvGl opcd portions of ccrt.in l.rgc indurtrill
holding3, but docs not includ. lrkes, strems, or othar
Hrterbodia3, Hctland3, floodplains, !r.a3 rith expored badrock,
l.nds in Agriculturrl Prcrervcr, public or privst.ly amed p.rk,
open spsc. .nd rccr.ational lrerg, or fecllitlc3 iacludi4 golf
cour3as, atr.ets, higluay3 lnd other lrnd3 utcd for public
utiliti.3.
(B) Fol lering Couneil rcvic* lnd Coirsion approval, th. City 3h.l I .doPt
a cqBprchcns i vc 3elrer plen consiltcnt Yith thc City'3 caPrGhcnsivc
plen rs .oendGd Pur3u.nt to thi3 Agrccocnt .nd cont.ining rithin lt:
Cl!r''' ., ,;'1i; a deicription of tdoptld on-rit. rerage dirporal ordinrnc.
provislons con3istcnt rlth. applicable rcquircncnt3 3rt fo'rth in.
the Councl lrs Ccnprchcnrivr Screr Pol icy Plln lncluding Pol icics
12 through lr7 rnd Procadur. l0: .nd
2. r policy' ordinrnce and a.l&ini.trativr Progrlt! to rcduc.
rtorGr.tc? lnflor ln thr r.iGr aystc! Eonslrtcnt rlth tha
Cornissionr r pol icics.
(C) Trrnsoit . dcacription rnd enelyrlr of th. dlff.rlnc! bctw..n thcClty'r lend uie plrn .nd lt3 zoning ordinenc. provisionr wlth rG3pcct
to I t.5t3 A(l through 3) ebove .nd . rclhod .pprovcd .nd adopt.d by
thc City for rcconcillng th. aro yhlch lr acc.ptrbb tc th. Council,. lf dlffcrcnt f?cm one anothGr vith ?cspGct to land uirG typa3,
dcn3itic3r lnd urbln rervice tllring .nd 3t!ging. Thc Clty turthcr
.9r,.e3 thrt by ltey I, 1987, lt rhell tepea I or eppropriltcly rDsnd anyofficial control or fircal dcvic. thrt is in conflict vith I tGar A(l
throsgh 3) above of its eaprchenrivc plrn.
6:2)lodification - lt lr undcr3tood thrt thc glty lry in thc futur.,
fol loring c6pl i.hcr yith thG prwisionr of 5.1. .!end lt. caprlh.ni lv. pl.n
.tad/oc capr.hcns ivc r.irr pl.n incluClng thosc proviiioaa ralatlng to ltr
urbrn and rurrl rcrvi ec ar.as .nd rrrcr fl* rllocrtlon, tubj cct to Council
rppro\..I of caaprahcnr lvc plen .&en(bent3 purru.nt to ,{lnn..St!t. S.c. \73.856
end Scc. 473.175 rnd Coirrion approwel of eaprchcnr I vr lomr plen
.asr.iaGnts psr3uant to ,llnn. Stat. Scc. \73.513.
sEsTl0x 7
SAXCTIONS FOR BREACH OF COHTRATf,
7. r)rlllr t ions on Ci rs Ri o - lt is :rprGrly .gr!!d th.t in
thc crrcnt th.t thc City c@its. E tGrial br..ch or violrtion of rny prwirion
of this Agrrtrtrcnt, thc Cosnci I or Cmierion aay. fol loring foruel
consi.lGrrtion during vlrich thr City rhrll bc givcn .n opportuni ty to ata!. its
Fosition. dclay or Iialt thc Cityrt right to usc thc t.cllity for trunl rarcr
purposer or takc such othGr rction a3 ney be eppropr l att, pro\ridcd, ho.a\re?,
the Councl I or tqDi3rion rh.ll not di3conncct any conn.ction by th. City to
thc t.cility for yhiBh a aonncction pertlt he: prcviourly bcen grantcd pur3u.nt
to Scction [.2 of this Agrcc'lcnt. Prior to rny auch dclry or liaiution, thc
City rhell bG given . rC.3on.5l e tiEc yhich 3h!ll not be lesr th.n ninety (90)
Cayi .ft!r noticC in yrlting of the cl.lacd viol.tion. to.chicvG ccapl iencculth thc t!ra. of thii Agrr.ornt. Xothing hcrcin thell b. conslrucd to r.aovc
or oodify thG lilbility of thc City under S.ction 3 of thlr AgrGrncnt.
llotlri th3t.nd i ng the provirionr of thi3 Scctlon 7.1. tne gity shal I h.vc th.right to inilirt. :uch rction or .ctions th.t thc City:hrlt dcca epproprirtc
rGque3ting r judieial d.tGrainrtion of Y{rcthcr . E tcri.l brer.h or violetionof any provirion of thii Ag?eG Gnt h!3 occurred rnd if 30, hlhcther thG dalay or
€
I iiitltion on thc city'3 right to u3G thc flcility for trunl 3cr.cr PurPo3G3 .3
irpo3ed by the council'or coirnission or .ny othcr lction t.kcn by thc cooncil
or.Cqrrisrionisapproprirtc.ndGquit.blcund.rthccircErst.nccs.
*.L3I",?'i;i#";ffH?I.'::.::,?;".li:i::fiTil."m
iapacity for the City. r.negoti.t. the levcl of-cost 3h.ring Hith thc City'
and/or itke such othcr action .s [r!y bG lPProPriltc Yith rr3PCct to tha dc3igh
of the F.ci I i tY.
?
(02) An ernendnant to th! City's Pre3ent colBprchln3 ivc plan lr
neccssary under llinn. St.t. SGc. \73'856 to Gnsur! conforEity
vith lEtroPol itln sYstsrl Pl!n3.
(03)Th.GCity'tprcrentcqiPrGhcnsivGPl.nYithrc.pcct.tothClrttcrs
:pecifird In Scction 6.t (f) ot this lgrcGocnt conrii tutdr r
3ubst.nti.l dcPrrturc uithin thc aeaning of Ainn' Stet' Sec'
\73.175 frdr but not liDitcd to' thc rllocrtcd racr crpecl ty for
tit. Ciiy l.i3tcd in thc Y.tsr Rcsourc'3 'Ln'gcosnt
DGvCloFGnt
Gui de end Pol i cy Xrobcrs E end 9 theruof '
(04) Any .E.ndtrcnt to th. Cityr3 eoaprehcnrivr Plln thlt do's not
. cclnpty rith lhe Provisions of Scction 6 of this AgrGC'Dsnt
' I ikcrirc constitutcs ! 3ub3tlntial dePattura fro thc y'tcr
Resources ,l.Blgc,tlcnt DcvG I oF|cnt Gu ide ri th i n thG DGln i ng of
,linn. St!t. Sec- &73.175.
The partic. hereto hrvc ant.rGd thi3 lgrcstlcnt in GxP?a3t rclilnec on thc 'bove-statGd f.cts.nd thc P.l'tics shall bc GstoPPGd fra denying or contcsliag thc
truth of 3.id fact!. lt l. .xPrcssly .grccd th.t :f thc city failr to Pcrforo
itt.-a"rrt specificrt in Scction 5 of thi3 Agrcca.nt, thc counci I Ely obt'in r
court ordcr'under ,linn. St.t. Scc- \73.175 rcquiring thc City to Pcrfom thosc
iiiiin. rpccified in Sretion 6 of thii Agrcln''.nt. llo rction or in ction bv thc
City purruant to lny ordcl' judgDcnt ot d.etc. of any court. govcrracnul or
adainistretlvc lgency rtreti -conlt
i ttlt! . v:olrtion on thG P'rt of th' clty of
iii provirion of thli AgrcrlrGnt' Providcd thlt if thc glty Glnnot Ett.lts
oUiigations Frrsuant to Scction 3 bcceuro of such ord'r, Ju'lg'Dcnt. or dccrcc'
tn: iouncil and ccnaiS3ion rhall hrvc oo obligrtion to Providc trunl 3""r
lervicc to thc City undcr thi3 Agre.acnt.
7.e) Eitvts Rciedics - lt i3 exprcssly .grcrd thlt ln-thc.rvcnt thlt the
Counii I orffilElEn.vJ6tltGs .ny of thG provi3ions of thi3 .irGGrient. thc
City nlyr in addition to eny other rcocdy !t lav' rsck rPccific Pcrforo'ncG of
th is Agrrcoent.
7
7.3) Eslsgilut at I olC - To rsslrt in thc .nfo?c'lttcnt of Sectlon 6 of
tnir'rlrcd-ent, tne plr tJ;; hcrcto .greG .nd 3tipul.tG to thc fol lding
findings of ftct:
(Ol) The Ciii frlr rcccived frqa th. Counci I 'n 'ncndnGnt
to thc
councllir llrtcr Resources
'tlnagcnent
DavsloFncnt Guirle. The Guide
is. DctroPol lt.n sy3tGat Plln xithin thG 'Glalng.ofi tihn'-Strt' ''
' Sec. [73.855 end Scc. \73.175.
EoF, thc p!r!ir3 hcrcto have Gxecutld thi3 AgrcsDrnt on thc, 1986.
t%II YtTlrESS UHER
aav ot"/lla/)r)'-
A roved !3 to forar
[4 a(o.onlpson
Leo3r Coun sel, M.W .c.c.
ITETROPOLITAI{ COUN
By:Itr: Cha i r3on, and
f^
t3s Exceutive 0 ircctor
,iETROPOL ITAI{ YASTE COHTROL
co,tilssI0[
BYs
By:
By:
By:
I t3: Cha and
I t3: Ch i cf Arhi n irtra
xHASSEI,l
t3: ,Lyor, .trdhwl!s: City /Cl.tt
8
By:-
CITY
(
rr
STATE OF
'IINNESOTA)) ss'
COUNTY OF CARVER )
STATE OF
'T
I NNESOTA)) ss.
COUNTY OI RANSEY )
ed and 3no to bcforc
nc on b, tglb by and
,layor and City ltanaglr, rcspcctivcly' of thc City of Chanhlss.n.
t{otary P
The forcEoing Scvrt tscility rGan!ntAI sign
c
Thc_ forcao i n!
D. on l\k-r-Jv t 1,/ffL o ,/
t, lgrcgDlrlt wrs_signcd and
12 lcy 6- /?1t vx{ t ,*ct .
rn to bcfor
nd
Chairperson 8nd Chief Adninistrator, r!3pcctiv.ly, of thc ,lctropo.l itan tastc
C,ontro I Cofir i s3 ion.
tarY I ic
Scver Faci I i
No
STATE OF ItI X}IESOTA)) ss'
COU]ITY OF RA'TSEY )
Thc Jorcaoing-Sewgr Fae i
nc on //hr-A tC. ta/$L, a
itv 9r en ya
,r.'.;'RY S. i}i3!i'l i
ai3l.' .: zir:: i: -,...1:. ::"r'^
\?l.i iiL;.JN Cji:lTY :
{ij:cn er:p:.'.t li,'ty 7, ira,
n tg bcforc
,1.-..'1
\,,
!nd
a
Cha irperson and Executivc Di rcctor, rcaplctivcly, of Actropo I iteh Couns i I
otary Pub I i
LOA2OA
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\:s/
a-hztl tine c!/oolwrc
NO',IAtY P'-SllC - tli:iiiota
RAI,JiY COUNIY
I \y .oitrni$ioa ErrrG' Nov. 29,1986
@ I(AFEN J. ENGEUIANDI,*,iARY'tJlto . Xl}lNtlbra
CARVEh GOUN?Y|t, Eir*t qg5. Staat
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5 43,380.00
43,380.00
12,532.07
4l,507.83
40,600.41
39,502.32
38,305.41
37,000.77
35,578.71
31 ,028.67?, ?20 1'
3A,497 .52
28,490.17
26,30?.t6
23,911 .23
2i ,3.17 .65
18,181.11
15,395.55
12,029.03
8,359 .52
1.?39.74
s6t 7,408.00
s 43,380.00
52,801 .40
52,801.40
52,801 .40
52,8Cl.40
52,801 .10
52,801.40
52,801 .40
52,801.10
52,801 .40
52,801.10
52,801 .40
52,801.40
52,801 .10
52,801.40
52,801 .40
52 ,8Ci.40
52,801.40
52,80i.40
52,801 .40
52.801.4C
sl.,099,408.00
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,421.40
,269.33
,193.57
,200.99
,299.08ao( oa
,800.63
,?2?.69
,772.73
,46?.28
,303.88
,311.23
,499.?1
,884.17
31 ,483.75
31,3!7 -?-o
37 ,405 .84
40,772.37
44,441.88
48 .441 .56
s4 82,000.00
F Ll
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DIBT SERVICE SCHEDU!-E
5482,000 20 years 9U S52,801.10
Interest
.a,f-'
EXHIB:T B
b%
2
3
ONGOING ISSUES
zoninq code Amendnents
1. Blending ordinance
2. Rezoning BF Dist. to A2
Sign ordinance
(Iow priority)
Amendments to }IUSA Boundary Adoption 12190
REVTSED DECET{BER 5, 1990
STATUS
Recornrnended for approval by Pcon lO/24/9O - Adoption by CCL2/90 - FuI1 inplenentationspring, 1991
Staff directed to develop
scenarios - low priority
Scheduled Di scuss ionl Sta f fdirected to draft a potential
new zoning district ordinance -rrinter, 1991
Inact ive
Inactive
Schedule futureWinter, 1991
agenda
Ongoing - guPrs conpleted
3
4. Tree Ordinance - Uapping ofsignif icant vegetative
areas
5 Rezoning 2l Acre Lots to RRDistrict
Other Itens
1. Conputerize land use files,permits, conditions andexpiration dates on aparcel by parcel basis
2.Reappraisal on wetlandissues, ordinance and
mapping in conjunctionwith stono water manageBent
and water quality plan
Definition of structures
Shoreland ordinance
3
4
comprehensive Plan Issues
1. Conprehens ive Plan Update
Future Use for Areas
Outside the MUSA Boundary
1995 study Areas - work effortto begin after adoption of new
conp Plan
Staff processing a positionpaper to review rretlandordinance and enforcenent
Budgeted noney for update 2year timefraDe or storn lraterutility fund
Winter, 1991
spring, 1991
5
6
Flood Zone ordinance
crading/uineral Extraction
Review legislation and
ordinance pertaining to
group hones
Variance ordinance and
procedures
9. ordinance revision dealingwith lots accessed bYprivate driveways
1,0. ordinance revision dealingwith requirement to Postsigns of notice for
developrnent
11. zoning ordinance Anendmentfor satellites on
Recreational Beachlots
12. structures below oEWII must
have a pernit.
13. Revision of ordinancespertaining to antenna torrers.
15. Rural Area Policies - ordinance
changes stenningf fron revised
l,letro council Policies
16. ordinance amendnent dealing with
shops selling adult naterials.
14. zoning ordinance Amendment
required by city Council regarding
perfornance standards for parking
Lot setbacks and requirement forbuffer yards in foP District.
winter, 19 91
ordinance adopted
Ilinter, 1991
Adopted by city Council
Approved by cC on 3/26/90
Adopted - signs to be
acquired
PC Review on Nov. 7, 1990
PC Review on Nov. 7, !99o
7
winter, 199L
- --'- tigt" 's,r " urr on' Stut.' ar d'F a Ec* b Drrbatlra Frdrcc olr rq1no6 Dootrbra h rtartan Ranrr. - .
suburbs scramble to limit sex shofs
lQties lke Ramsey shoc'ked to rearnthat sex seils in the suburbs, too,.-.!rn*iilr- ffilffiffiHcodcalhlt rrlas rrhilc i( drafts irr ordinancc.
' rr aouos oo*, praycr trcups
rYt tllicrld rix drys 8 weel
. _rsi& rhc rxoricnitd booksorc
io Ranrcy rDd Drard for it to roalry. So fir rbcy h8vca't hed riv
orc luct thu havc city oftciali
rc rl,t nrbutcd yhen lbcv eslid,'.r;u{r !o or&r ir ro to rwri.
,6 lnrcy's pnrdicaraent has! ,vidcd a lcason for othcr
i--5uten citicl whcrt officialstrvc Eldom thouSbr ro.block rh.rfiivrl of lcr{ricotod busincsscs
ffi#FHffiruffi-*ru
'wc-ccneinlvJ1lrtr'r rrar ro bc ir r ffim,i]fJ$*
#-#flffi*'ffiffiffi..,'ousrD6les. lrul r ta monthr rro ir
a.lopl-cd atr ordhanc. rb:r ttrfrqs Frir[cy rnd grooklvn prrt ercthc di.sunce thal such hrsincssq - *onu[s;; ;rd1;;ii-"iJ'iirmusl bc from churchcs, rchoots, Ri;c"-E;-irft;il;il#.Xrr-dry€re ccorers sod r*idcarist' : - .io uu"irJil-l#ii'iiiifJ'
Drvid Gro$, rn rsi$rDr
MinncsDolis city rnorDcy xbo h8rrlprls.Dlrd Oe city in hiel
chrtlsn&s !o it3 sci.orici'rca zonimoflli8lsog trys fhaf suburten
3ovcramcat havc bcra rtoirs in
Dol frci[g Acls tsDsr. arri.Ilv
affcr ctrotu fo rstdct thc'
mfl?ilTiiff"o,
-Tbcy cbGc ro tum rhcir hcedr radrrDoI! it ard aay ir carl bapDcD
Sh'. conrilu.d oD Detc 68
5ll, r-r n-a. lls
StOfg conrhrcd aon p3: tB
bed - while it w8s happsdng,- hc
said. 'To thinl lhar oaly thc 5ig
citics would havc 6csc busincsscs is
absolurcly naivc, wbcn r subsrrDtid,
,mounl of businGs for tbcsc pleccs
was eeneretcd &om ruburten
alrslomcrs "
Criuns have gencrrlly uDhcld rhd
righr ofciri6 to cDad such
ordinanccq rs long rs sucb
busines.scs rre givcn 'trasoniblc
oppoflunity" ro locatc somestcrc in
town.
Bur Rams.y, tropulaton 13,ffi, it
leaming the bard ray tbat oDce I city
is caught virh ils ordiMDccs doryD, '
things csn 8ct out ofoontrol in r
hurry.
Officials there rrcre quitc surprilcd
when a pizzs pador oa Hwy. t0, thc
city's main dra& Dcxt to ! dayqll
ccntcr and lcross from r churcb,
rcopencd in April rs Oc Amuscmcal
Crorer, r scx{riantd bootsorc rad
peep show busi.Dcss.
PickeE root up rheir posts in Aiont of
the booksloE rnd thc Citv Oou.Dcil
hurricdly .nadcd 8n cmci:cncy
ordinance msking ir a misdcmcanor
to run a scxorientcd busilcss in
ro*'Il unril ofricials bed time to
Dreparc a propcr ordinabcc. Stae Lv
pcrmits montoriums on land uscs
for up lo 2h )€a$ ife city is rllcrdy
studylng zonlng plrDr
Tbe cmrtcncy ordinancc did['t lsst
long bowcver. Within a couplc ofrl
ircels thc AmuscmcDl CcDlcr lrs
bact in busilcss, rirr a fcdcrd iudrc
rgrccd wiih thc boolnorc! orr-cr -
thet cnforcilg th€ odiurlcc
rpDcarEd to Yiolete lha First
A-EerdncoL
Tbe city irDcDdrd its ordi[scr to
Eslrict .cr.oricDlcd bubcsscs fiom
loclting wirhin 1,000 ftct ofcinif[
busincsscs end of incomntiuc
imirutionr" and wiriia iso ftcr of
Esidcntial lrEas Thc jud$ co.tod
hc' llmporary irjuDaiou rgeinst thc
crty, rayi[t sbclhoughl tbc ncw
ordinrace would pess coDstitutiond
munff.
Now, it! uD to rD ADolr C.oulw
distridjudgc o dccid. whcrbcr io '
gnnt thc city's rtqucsf to cdorre tDcoer ordinencc by rdcring rhc
bootnoE lo moYc to aJsDinad
leStoD.
R$drI Tiguc, th( alomc,
rElrrsetrring bootstort owarf, lrrrv
HolEbcrg. hls esked Judrc Drnicl-
I(rm[c],rr to dismirs rhc ca!.,
ayirg the bootsrorc rzs ora bcforc
Ramscy caaacd its ordirene. Thc
city is disputing rhc 6ecnine &tc
rDd says that evc! if it did orn
bcfore Oc ordinancc wrs rscd.
Holnbcrg h8dtr't irvcstcd cDoush
moncy in it by ttco ro prwcnt fLc
city from cDforcing tbc ordinrncc. -
While thc judge poodcrs rhc Ertrcr.
Esidcas rrc still rilcd up rbout bcinr,uct with tbc bootstore, nlich is -
doiry r thrivi4 busincss. Tbct
busincss dso bccamc r political issucu ltrc rtccot mryoral clcctioD"
A couplc of rtcls bcforc the
clcctioa, Holmbcn put up sios l
outsidc his boolstorc cndorsinr
Mayor Grry R.cinenn. HohbEn
xouldD't 3D.aI wirh a rcmncr- bir
TUue s8i4 'l rhinl 0{olnbcri) owrs
e gat dcal of his succcss to Mivor
Reimana. Mayor Rcimann bas 6ccn
bchind &c cffgns b closc hirn dow&stich has, in &ct, giv him &r
morc ia rdvcnisig thm hc could
possibly buy. lt's dom rondcrs for
his hrincss."
Jin Gilbcnsoo, r bsr oplcr wto rarrg. in.r RciDatrD, rool &c
oDDortunity to blstrtet rhc bwD with
campaigD brochurs thal iDclud€d s
phorograph ofrhc boolstorc's rirn
dong with a piaurc of e dgn
cndorsiry Gilbcnsoo pur up by Ocdry€rc crDlcr Dc door,
Tbcn somcbody rmeshcd oac of
Holmbcrg's 3isDs, r Dortable lishtcd
billboerd Holhbca rold poti; hc'd
trrD a pictup truct Dcarty on thc
ni8bt lbc YaDdalism occulld. Policr
invcstigstcd eDd drermiocd rhtl $c
licsasc platc aumbcr metbcd
Rcimann'r, dthoutb rhc dcscriotios
ofthc trucl resn't cvcn closc- -
Thc casc hls b..n ttlinrcd b rhc
Atrotr County Sberiffr DeDaflDcDr
rvtich roul commcot Hoi,cvcr-
Remscy Policc CLicf Uifc f,usoos
rrid thar, !s fr.r $ bc is conccra'cd-
. Rcimann is nor I ruspccl
Suspca or not, 'I got rrcwe(" reid
R?imaDq who losl by 900 votcs.{
Some piclcls dso fch victimizd
I 8nct HolmbcB Passcd our flicfi ro
his crrstomcm listiog their oarEs'
SdCrBscs and ihon€ Dumbcrs.
I Holmbcrs hims.lf had rcponcd a
roashod wbdow end hang-up ealls
( s.r.ot pJ,..ar. ,...ivcd rouadl
thc{loct haag-up cslls rrd .t
t rcponedly had the tires on tbeir can' slashcd- Ooc pickct called 9l I whcn
a dclivcry rruit pullcd up ald rticd
lo hing hsr thfrc pizrs thrt shc
lidn'r ordercd.
A-u Apple Vellcy man uns rllcat d
Sntcra likc many oucrr, bhDct lh
bdotstorc oa ciry of6cids' ilrction.'
Msry fccl lhat lhc city iiotdd hlYe ;
&rcd s ycar !go, r,hstr r locat bar :
runcd rcanring nu& ducir& .
Said Minncapolis' Gro|s,'Do '!hey
'
r[inl thcrc's e fuademeotal
di.ffcrrDcs iD c,brnclcr bctr'tc[ :
pcoplc who livc ir citica rod l,)oca :
wbo livc in ttc ruburta? Tbrl rtrc
opcrstiry on rhat aupgoriti,>r Thafr
footish"
:
Mrry Jo Synrlrz, rhc e=lrir;*.rPt
aiyr ahc iDoLrtd! ir to blue.
fu, 'a,,.
Heading towud ahome inNaples,Ft, Mye$?
Rel ax
XraueArda$.nnour.B dE kaftl !d gnuah Vills bilt dth tu K'A Edity ym\t horm hors$ ytrrf qplVib
m bcad in hunain hte r xttast plmnd nidalid cmnudtJ cmwiiatly lootd numy barm l{rpclId lt xFt
fdotmhrd bHridlolhs hchduc {?7. i
Suneate Villas
Almrrrdoda*fodiybnalEpbrd ElptrLpldtdIISlt
JVL
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I r .raol
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_t _,
C'
- oG a o
rnd focd 3!00 ricr hc plcadd
guilty to making !':-;i;; ,hurrc
calls afur ooe protcsta had thc
phone colopany tf3cc cr-lls madc to
her phonc. Hc told policc he'd Sotlrn
rhc numbcr ftom tbc bootstoE.
hotcslcrs quit piclctiry thc rtotl il
Juuc affcr HokrbcB lirolcd pest
lbcm Yirh a bokilcrcd gun rlulg ovcr
his shouldcr. Tbeir protcst now
consisr of Oc &ily raycr vigit
wbicb is orllsiz.d by mcmbcD of
two cDurcbcs.
Mcanwhitc, cnrdlmctrl i! dovn st
rhe &r€rc crnLr ncxt door, lnd
I
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