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02-6-91 Agenda and Packet(Jx. Prelininary PIat to Subdivision Two Parcels into One Lot and Two Outlots on property zoned BH, High\.ray Business Districtand located north of Hr,ry. 5, just east of Great Plains Boulevard on west 79th Street, cateway First Addition, LotusRealty services. L ) 5 6 7 8 Conditional Use Pernit for the construction of a 1,238 Square Foot Building to be Located on Lot 1, Block 1, Gatevray FirstAddition on property zoned BH and located on West 79th Street,Valvoline Instant Oi1 Change. 3 4 Zoning ordinance Amendnent to Amend sectionregarding contractorrs yards as an interim use. 2O-s7 6 (3) Zoning Ordinance Amendnent to Amend section 20-41,, by adding language stating that amendments sha1l not be adopted that areinconsistent with the Conprehensive P1an. Zoning Ordinance Amendment to Amend Section 20-406 regardingvariances to the Wetland Ordinance to follow the procedure asstated in Division 3, Variances of the Zoning Ordinance. Zoning Ordinance Arnendment to Revise Article V, Flood plain overl,ay District. OLD BUSTNESS Zoning Ordinance Amendment to Anend Section 20-29(d) changingthe filing of an appeal to the Board of Adjustnentrs decisionfron 10 days to 4 days. NEW BUSINESS Discussion of Rural Area fssues:a. Update on Potential Golf Course in southern Chanhassen -Joan Ahrensb. Update on BF District - Discussion with u. S. Fish andwildlife Servicec. Update on Rural Single Family Density Issues - Paul Krauss and Tin Erhartd. Verbal Update - Tree Program and l.hDNR Participation APPROVAL OF MTNUTES CITY COUNCIL UPDATE ONGOING ITE},,IS ADMINISTRATTVE APPROVALS OPEN DISCUSSION ADJOURNMENT AGENDA CHANHASSEN PI,ANNTNG COI.O.{ISSION WEDNESDAY, FEBRUARY 6, L99L, 7:30 P.U. CHANIIASSEN CITY HALL, 690 COULTER DRIVE CALL TO ORDER PUBLIC HEARINGS CITY OF EHINHISSEN I I t PC DATE: CC DATE: 2/ 6/et 2/25/eL 91-1 SUB ol senlv E #: By: CAS STAFF REPORT Fz () =L(L E lrJtU' Prelininary PIat to Subdivide 35,956 Square Feet into OneLot of 20,300 square feet and T\.ro Outlots 10,000 and 5,525 Square Feet Site Plan Review for Valvoline Rapid OiI Change Facility The 1ot directly east of the Gary Brownrs Car Wash,of West 79th Street (Lot l, BLock l-, GatewayAddition - once platted) LOCATION: APPLICANT: South l 1rst Brad Johnson Lotus Realty valvoline Instant Oil change 3 041. 4th Avenue So. Minneapolis, MN 554 Og PRESENT ZONING: ACREAGE: DENSITY : BH, Highway Business District 35 t956 square feet ADJACENT ZONTNG AND LAND USE:N- S- E-w- Ra i lroad BHi Amoco Station BHi Hanus Building BH; Brovrn car wash WATER AND SEWER:The si.te has sewer and water. PHYSICAL CHARACTER. :The site is currently a vacant lot with novegetative cover. 2OOO I,AND USE PI,AN 3 Cornmercial PROPOSAL: couir RD 6600 __6700 6900 __7too 7200 -73OC7.lOO 800 t L OTU8 sxtoowuend -_-< a LAKE Le^nct*t q 4,TL 2R12ooo €oroI , 7 oIo o I 56 3 roP- ---E oo oo @o F t-* --l_t -l 3t I t I o I E )t r \ RStr - t200 8[Ds -aoo I \ t- Gateway First Addition/valvoline Instant Oi1 February 6, L99L Page 2 PROPOSAL,/ SUMMARY The applicants are requesting approval.s related to the constructj-onof a 1,238 square foot Rapid Oil Change facility. The requestsinclude approval of a plat that will subdivide the property tocreate a site for the oi1 change facility and a si.te plan approvalrequest for the facility itself. The subdivision request will create a 1ot for the Rapid Oi1 Changefacility and two outlots. Staff is concerned that the outl,otswould become rennant parcels t ith no clear and definable use andthat they are in violation of a subdivision requirernent. It is theapplicantrs stated intent to sel-I these outlots to adjoiningparcels, including Gary Broqrnts Car Wash to the west and the HanusBuilding to the east. Staff would have preferred to include aIl ofthese parceLs in a common plat so that the transference couLd takeplace concurrently, however, the applicant declined to do so. Toensur'e that rennant parcels are not created hrith no clear use,staff is proposing that a requirenent be established that wouldrequire the concurrent transference of these outlots to theadjoining parcels and their conbination with those parcels intosj.ngle tax lots as a condition of final pLat approval. The site will gain access from 79th Street. West 79th Street ispresently a cul-de-sac that does not meet current city designstandards and which rnay be required to be extended to the east inthe future to serve additional developnent. Staff has worked \^riththe applicant and the HRA to develop a proposal that wi1l have theroad upgraded using tax increment. generated by a development. Theroad upgrading rri11 include traffic safety and maintenance improvernents as well as landscaping, that would replace an area between the street and the railway tracks that is currently used tostore junk vehicles. The site plan itself is reasonably well developed. The building isnot particularl-y attractive but is functional . Staff has srorkedwith the applicants to provide an acceptable leve1 of landscapingwith the goal of irnproving site attractiveness and reducing directviews of stacked vehicles or of the garage doors. parking provisions are acceptable, however, staff does have a concern withtraffic flow on the site and is proposing that traffic be routed inthe reverse direction then has been proposed on the pIans. It isour belief that this circulation pattern reduces turning conflictsat 79th Street, provides a greater stacking area and wouldeliminate any potential for car stacking out on the boulevard.Site utilities are available at the property with the exception ofstorn sewer. The storm ser er would be extended to the propertywith the street irnprovenents that are anticipated. Gatehray First Addition/ ValvoLine rnstant oil February 6, l99l Page 3 There is one minor variance associated with this proposal. The lotthat would be created for the Rapid OiI facility has a 3 foot variance for 1ot depth. This is essentially an existing situationbut since the depth is not being altered by the proposal, but the variance resul-ts from the placenent of the Valvoline facility onthe underlying parcel . Staff views this variance as ninor and is recommending that it be approved. Staff is recommend.ing that the site plan and prelininary plat beapproved with the 3 foot variance for 1ot depth subject toappropriate conditions. PRELTMINARY PI,AT The applicant, Brad Johnson, is proposing to subdivide 35,956square feet into one 1ot of 20,300 square feet and two outlots of 10,000 and 5,626 square feet. The applicant is proposing to createLot l-, Block 1, so that it can be EoId to Valvoline Instant Oil change for the location of a Rapid oil change facility. When staff first discussed platting the property with Brad Johnson,he indicated that he was proposing to create tr^ro remnant outLots which he claimed will be combined with adjoining properties to theeast and west. These include Brownls Car Wash to the west and the Hanus Building site to the east. According to the applicant, theland would be used to allol, for the ultimate expansion orrelocation of Brownrs Car Wash and will be used to provide an inproved parkinq lot for the Hanus Building. Staff requested theapplicant to plat all of the affected properties at this time toguarantee that the outlots are conbined with the adjoiningproperties. Staff explained to the applicant that the subdivision ordinance does not aIIos, the creation of remnant pieces and bothOutlot A and B as proposed vrith the preliminary plat do not tneetthe requirements for a buildable 1ot in the BH District and couldnot be created. The applicant has insisted upon creating the twooutlots stating that he is working with the adjoining property o$/ners to have then purchase the rennant pieces but needs to moveahead for the valvoline site. The Zoning Ordinance defines anoutlot as unbuildabLe until it is replatted. Therefore, the lotscould not be developed until they are replatted and conbined withadjacent parcels. There is always the possibility that the outlotswill go tax forfeit or that they could be sold to some unknowingperson who would then feel they have the right to develop theoutlot. Since the applicant is not including the other affectedparcels in the plat, staff is proposing that a condition be addedto approval of the final plat concurrent v/ith the filing of thefinal p1at. This would require that Outlots A and B be merged intothe property titles of the adjoining parcels and that they arecornbined into single tax parcels with them. Under current cateway First Addition/Valvoline Instant OiI February 6, 1991 Page 4 administrative procedures, this transference will be overseen bythe city Attorney. AIl documentation required for the transferenceand cooperation of the adjoining property o\^/ners is theresponsibility of the applicant. Staff is proposing this conditionto ensure that the Lots are actually cornbined with the adjacentparcels and that the city is not put in the position of having tonegotiate with property .owners to possibly force them intopurchasing property they nay not want. The proposed Lot 1, BLock L, for the location of Rapid Instant Oil Change facility contains 20,300 square feet which neets the rninimumrequirement of 20,000 square feet for the BH District. The lotmaintains the required Lot frontage of 1oo feet. The BH Districtrequires a 1ot depth of 150 feet and the proposed lot has a meanIot depth of 147 feet. Therefore, a variance is required to the1ot depth requ j-renent. Since the 1ot is an existing situation withexisting lots on both the north and south side of it, it is notpossible for additional lot depth to be provided. The proposedplat is providing the required LO foot front and rear drainage andutility easements and 5 foot drainage and utility easements on theside lot Iines. The plat should also provide 5 foot side yard drainage utility easements along the easterly Iot line of Outlot Aand the westerly Iot Line of Outlot B to provide necessary sideyard easements for hrhen the adjacent properties are combined. Staff has had an opportunity to analyze the 79th Street cul-de-sacrelative to Mr. Johnsonrs proposal last summer to redevelop theproperty. You may recall that at that time he was proposing torelocate Brownrs Car Wash onto a ne$, site and to construct aHardeers Restaurant. In conjunction with the Downtown TrafficStudy, Strgar, Roscoe and Faush provided an analysis of 79thStreet. It was their conclusion that significant improvements u/ouId be required to naintain traffic safety. West 79th Street wasbuilt to an old standard and does not have the required width.There is no storn sewer in the street for adjoining properties toconnect. There is also no stacking distance for cars waiting to make a right turn out of 79th Street that are forced to stop due tothe proximity of the adjoining train tracks. fn discussions withMr. Johnson, we rnade it clear that even though the intensity ofdevelopment that is currently being envisioned is not as high aswith the earlier redevelopnent proposal , $re nevertheless believethat improvements to 79th Street are reasonable. Under the subdivision approval process, the city has the right torequire inprovenents to IoeaI streets which serve the property,NormaIly this would entail either private construction wiahultimate acceptance of the inprovernents by the eity or publicconstruction with costs financed through assessments. Indiscussions with Mr. Johnson, he has chosen an alternative approach catesray First Addition/ Valvoline Instant Oi1 February 6, L99l Page 5 that, since this is in the tax increment district, appears to beavailable. The proposal calls for the HRA to use increment thatqrould be generated by the Valvoline facility to pay forreconstruction of the street. Todd cerhardt, the Assistant City Manager, has provided a letter indicating that the flRA is willingto work with Mr. Johnson on this progran (Attachnent #1). Staff had cary Ehret fron BRw provide an analysis of what the irnprovements nay cost. faro alternative scenarios were developed. The first assumes that a significant reconstruction of 79th Streetis reguired due to a need to accornnodate high intensity developnentthat may occur. The second includes a lower scale constructionproject which is predicated upon a lower intensity of development.Mr. Johnson is currently in negotiations with the HRA to sell several parcels of ground located east of the Hanus Building to theHRA. We are comfortable that if these parcels are acguired, the HRA r^rouId anticipate either no deveLopnent in this area or very 1o!,intensity developrnent uses. The lor,rer scale range of improvenents include resurfacing of the street since it was danaged by the HanusTrucking operation, inclusion of storn serrer to serve areaproperties, addition of a right turn lane at the creat Plains Boulevard intersection, street lighting and extensive landscaping i.rnprovernents in the area located betveen 7gth Street and therailway tracks that has recently been a dunping ground for wreikedvehicles for Hanus Conpany Trucks. In lieu of the city's ability to acquire these improvements throughthe pJ.at, Mr. Johnson has agreed that the following will be conditions established for the final plat approval of this request: L. The sale of the tlro lots behind the Hanus Building and of theparcel containing 79th Street to the HRA be concluded. Mr. Johnson agrees that aLI increnent generated frorn thevalvoline project and, if necessary, other parcels in the areabe used to offset the cost of public irnprovements. COMPLIANCE WITH ORDINANCE - BH DISTRTCT Lot Frontage Depth Area Easements Ordinance 20, 000 100 '150 | Proposed Lot 1 front/rear s ides 2 20,300 140r *147)101 5r lor front/rear 51 sides catel,rray First Addition/Valvoline fnstant Oil February 5, l99L Page 6 Outlot A 10,000 **Not a buildable Iot 781 1291 **Not a buildable lot35r 155r 10 r front/rear No side easements provided Outlot B 5,626 10 r front/rear No side easements provided* **Variance required Unbuildable lots There is no need for land dedication to satisfy park dedicationrequirenents on this site. cash in lieu of Land dedication will bereguired at the tine building pernits are requested. SITE P LAN REVIEW valvoline fnstant Oi1 Change is proposing to construct a L,238square foot Rapid OiI Change Facility on Lot 1, Block 1, catewayFirst Addition. The Zoning ordinance pernits autornobile servicingwith an enclosed structure designed for the purpose where fuel iinot.dispensed as a permitted use in the BH District. The Rapid oil f acil ity changes oil in automobiles in a tinely manner that al1or,rrscustomers to drive up and wait in their car for their turn. Theoil changre is done as the customer waits and cars are never left bycustoners to be picked up at a Later tirne. Since the facility isnore of a drive-through service then a typical service station, more- ernphasis w.as placed on a stacking area for cars then parkingsta11s. Essentially the only people using the parking stalG wouldbe the enployees. The building is proposed to be located in the southeast corner ofthe site with the building oriented at an angle facing northeastand southwest. The parking and vehicul.ar area is located at thesides and front area of the Iot. The BH District reguires a 25foot front yard setback for both building and parking and a 2o footrear yard setback for both building and parking. There are nomininun setbacks for off street parking when it abuts, withoutbeing separated by a street, another off street parking area. Theproposed stacking area is within 5 feet of the easterly lot lineg1d is technically serving as a parking area. Since thL propertydirectly to the east is also used as a parking area to t[re Hanusfacility, the side yard setback is not required. Staff did requestthat the applicant naintain sorae separation for the reguiredlandscaping aLong the side lot line and to maintain a clear spacefor the 5 foot side yard easenents. The applicant is proposing adumpster and enclosure located within the front yaia letUa-f.Staff $rould not allow such a structure to be within the 25 footsetback and is reguiring it to be removed onto another 1ocation ofthe site where it meets the required setbacks. Gateway First Addition/Valvoline fnstant OiIfebruary 6, l99L Page 7 PARKING AND CIRCUI,ATION The Zoning Ordinance reguires 4 parking spaces plus 2 parking spaces for each service stall for autoroobile service stations. Theapplicants are providing a total of 5 parking stalIs. Theapplicant has stated that the type of service they provide does not allol^, or require customers to park their cars and l-eave then or topark and enter to arrange for the oil change. The customers instead just drive up and stay in their car until they enter thebuilding. Therefore, the total, of I parking stalls is not necessary for the proposed site inprovetnent. Rather the applicantfeels that nore emphasis is necessary for the stacking area hrherethe cars will actually be parked while waiting. The applicant isproviding a stacking area for 7 cars and 5 parking staIls for 3 enployees and 2 customers. Staff is cornfortable with the number ofparking stalls that are being provided and does not feel that atotal of 8 parking stalls are necessary to be Located on the site. The applicant is providing a 4 foot berm in the northr.rest corner ofthe site $rith the placement of 4 Mugo Pines. The applicantorigin'aI1y had the Mugo Pines going around the dumpster enclosure. Staff has lrorked with tbe applicant as far as circulation on thesite. The original site plan proposed two access points onto west79th Street. Since there is the possibility of futureintensification of the surrounding property and West 79th Streetpossibly being extended to the east, staff recommended that thesite only use one access point and renove the second one. The newsite plan proposes to maintain the access point on the easterlyside of the lot and to replace the westerly access point with aberm. The circulation of the site requires the cars to rnove in aclockwise direction. Staff sees this clockwise circulation asresulting in the potential for traffic conflicts (Attachrent #2).First, cars that are entering the site fron the right hand lane must cross over in front of any cars leaving the site to enter thestacking area, and vice versa, any cars leaving the site arerequired to cross over in front of any car entering the site. The second potential conflict is if the stacking area should ever go beyond 7 cars, traffic entering the site will block the area forcars Leaving the site and could even possibly back up into thestreet. Staff has recornmended to the applicant that they reversethe flow to a counter clockwise notion (Attachrnent #3). Byreversing the f1ow, the applicant also has a much larger area forstacking of cars so that there uould never be the possibitity thatcars would be parked off site. I,ANDSCAPTNG Gateway First Addition/valvoline Instant OiI February 6, 1991 Page I Since staff is requiring the dunpster to be relocated, staff is recommend-ing that the lfugo Pines be placed on the bern to providethe required landscaping on the bern. The applicant is alsoproviding smaI1 shrubs along the southeast and sotthwest corner ofthe site to help landscape sone of the building and vehicular area.Staff is reguesting that continuous landscaping be provided alongthe whole southerly line by adding landscaping in between the twoareas proposed for shrubbery. Four Flowering Crab, 2 Junipers and1 Austrian Pine are being provided along the easterly and westerlyIot line. A11 deciduous trees have to be a rnininun of 2tr inchcaliper at the tiloe of planting and coniferous trees must be arninirnun of 6 feet in height at time of planting. The plantingschedule should be changed to reflect these sizes. fn worklng witfrthe applicant, staff has had the landscaping increased frorn thefirst proposed site plan. Although thefe jre sti1l some areaslacking landscaping, such as the northr^rest side of the building,the.proposed landscaping does meet the rninirnurn requirernents of theordinance. Financial guarantees for landscaping lnprovements arerequired at the tine building pernits are requelted. LIGHTTNG AND STGNAGE The applicant is providing one light pole rrith thro dohrncast Lboxes located adjacent to the parking sta11s. Additional lightwilL be added to the street as part of the street iruproiernproject by the city. The applicant is proposing one pylon slocated at the southeast corner of the site, an entry and Lxit slocated at the access point and one watl sign. The proposed pysign is just over 54 square feet in lrea whith - neetsreguirenent of a naxinum of 64 square feet. The pyton sign canbe rnore than 20 feet in height. The on-prernise directional siare permitted by ordinance. The directional signs cannot exc4 square feet in area and cannot exceed a height of 5 feet fromground. The site is pernitted only one tall iign not to exceedof the wall area. Signage on the red backlit birrel as part ofbuilding will not be perrnitted in addition to the one ia11 sig ARCHTTECTURE The building is constructed of plain and rock faced concrete block$rith two aluminum overhead doors. An architectural featureconsistent with all Rapiit oi1 Change facilities is a red back 1itbarrel located along two sides of the buiLding. on first review ofthe building p1ans, staff considered reguirlng an elevated roofIine to improve the look of the building. Aiter review of thesurrounding facilities which include the Anoco Station, caryBrownrs Car Wash and the Hanus facility, it was felt that theproposed building is consistent with €he surrounding existingstructures. we also believe that the backlit barrel tends to arnp ing ent ign ign lon the not gns eed the 1st the n. Gateway First Addition/Valvoline Instant Oil February 6, L99l" Page 9 provide sorne visual relief. Screening of roof top mechanical equipnent is required. Screening should be provided by elevated parapets or by screens constructed of roaterials conpatible lrith thebuilding. Exterior wood slat fences are not acceptable. GRADI NG The proposed applicant will be grading almost all of the site.Existing and proposed contours have been provided for the siteitself, however, the applicant should provide existing off site contours for all areas within 100 feet of the property lineincluding 79th Street. The applicant shall also coordinate the boundary site grades with 79th Street in order to establish a conpatible grade Datch. DRA I NAGE Drainage for the site is proposed to be acconnodated by directingthe rnajority of the site runoff to a single catch basin located inthe northern portion of the site. The drainage from the site willthen be taken from the site via a storrn sewer within West 79thstreet. The storn sewer must be extended fron TH 101/Great Plains Boulevard to the site along the south side of the existing W. 79thStreet to accomnodate the irnprovement of the site. The applicantshaLl coordinate and provide detailed infornation of the storrn sehrer connection to the proposed storn sewer along 79th street. Some refinement of the site drainage scherne will need to be performed particuLarly near the driveway access to ensure that theflow is directed towards the private catch basin and not onto the pubJ. ic street through the access point. Runoff calculations prepared by a professional engineer and a contributing drainage area rnap is also required, UTI LITI ES Sanitary sewer service is proposed to be required from the existingtrunk sanitary sewer running parallel to the south property line.Existing sewer elevations and service connection elevations arerequired. Water service is proposed to be acquired by connectinginto an existing service stub located in the northeast corner ofthe site. STREETS AND DRIVE AISLES West 79th Street is a paved surface rrith curb and gutter extendingapproxinately 300 feet east of creat Plains Boulevard andterminating in a cul-de-sac. As mentioned previously, the siteplan proposal wiII require the extension of storn se$/er fron TH1.o1lcreat Plains Boulevard which will likety disturb a portion of the street. As a part of this site pLan development, it is also recommended that street irnprovenents be made in the fonn of a rightturn lane at the intersection of TH 101 and a complete biturnin5usoverlay to improve the serviceability of the street. TheconsulLing engineer fron BRw has invejtigated this -injiovenent project consisting of the construction of the right trirn Iane,bituminous overlay and storn sewer. As part of these streetimprovernents, it is also reconmended that street lighting andlandscaping be added along 79th street. The applicant wii:. Uerequired to install a city standard concrete driveway apron at theentrance. Gateway First Addition/Valvoline fnstant Oil February 6, 1991 Page 10 Parking Setback Ordinance The site plan shot s an entrance near the northeast corner of thesite with a clockwise vehicular circulation pattern through thesite. - _Due. to potential turning conflicts and rninimal stickingprovided rrith the design subrnitted, it is recornrnended that thevehicular circuLation be changed to provide for a counter clockwisedirectional movenent. This would elirninate potential turningconflicts and provide substantially rnore stacking capacity for thesite. Building Setback Inpervious Surface BuildiDg Eeight Propos edl N- 37r E- 5l s- 20r w- 5l Staff reco:n:nends themotion: N- 77r E- 251s- 221 W- 62 ' 56t Planning cornmission adopt the following 251 201 10 | Front Rear S ides Trash enclosure is 15 fron front yard setback which reguires avariance. Staff is reconmending relocation of the trash enilosure. RECOIT{I.{ENDATION Prelininarv Plat 25rFront 20 | Rear 10 r Sides0 If adj acentparking area 2 story 1 story 652 rrhe Planning commission recoDnends approval of subdivision Request#91,-1 for cate$ray First Addition with a 3 foot variance to tha lotdepth requirenent, on the plat sho!,m as January 15, 1991, with thefol,lowing conditions : 3 Mr. Johnson shall agree that all increment generated fron the valvoline proj ect and, if necessary, other parcels in the area be used to offset the cost of public improvements prior tofinal plat approval. Cash in lieu of park land dedication shall be required at the tirne of building pernit issuance. The sale of the two lots behind the Hanus Building and of theparcel containing 79th Street to the HRA shafl be concludedprior to final plat approval. The appJ.icant sha11 enter into an agreenent with the city HF{A which will ensure the tinely construction of improvements to west 79th Street. Staff recommends the Planning Conmission adopt the following motion: "The Planning Comnission reconnends approval of Site Plan Review Request #91-2 for Valvoline fnstant oi1 Change facility as sholrn on the plan dated January 15, 1991, with the follorring conditions: Relocation of the trash receptacle and enclosure to where it neets the required setback. Reverse the traffic circulation flow to a counter clockwise mot ion. A1l deciduous trees to neet a 2l inch caliper and coniferoustrees must be a nininun of 6 feet in height at tine ofplanting. The financial guarantees for landscaping inprovenents shaLl be required at tirne of building permit issuance. 4 5 6 1 2 cater{ay First Addition/Valvoline Instant oil February 6, 199! Page 11 1. outlots A and B shall be nerged into the property titles ofthe adjoining parcels and that they are conbined rrith thoselots adj oining into single tax parcels concurrent with recording the final ptat. The applicant is responsible forproviding the city Attorney with all documentation and agreenents requried to conplete the transaction. 2. Five foot drainaqe and utility easenents sha11 be provided along the easterly Lot line of outlot A and the westerly 1otline of outlot B. Site Plan Reviee, 3 cate$ray First Addition/Valvoline Instant Oil February 6, 1991 Page 12 5 6 7 8 9 The applicant shall be peroitted one pylon sign not to exceed64 square feet in area and 20 feet in height, not more than 4directional signs not to exceed 4 square feet in area and 5feet in height, and one wa11 sign not to exceed 158 of thewall area. Any lettering or synbols on the backlit barrelwill be considered va1I signage. ATTACH},IENTS All roof top equipnent shall be screened. Screening shalI beprovided by elevated parapets or by screens constructed withmaterial,s conpatible with the building. Exterior wood sLatfences are not aceeptable. The applicant shalI provide existing off site contours for alLareas within 100 feet of the property line including 79thStreet. The applicant shall also coordinate the boundary sitegrades with 79th street in order to establidh a cornpitiblegrade match. Th" applicant shaLL coordinate and provide detailedinfornation of the storn sewer connection to the proposedstorxo selrer along 79th Street. Refinement of the sitedrainage schene will need to be perfonned, particularly nearthe driveway access to ensure that the ilow is diiectedtolrards the private catch basin. Runoff catculations preparbdby a. professionaL engineer and a contributing drainage- areanap is requi.red. Existing sewer elevations and service elevation connectionsare reguired. The applicant shaIl be reguired to install a city standardconcrete apron at the driveway entrance. il 1 2 3 4 5 6 Memo from Todd cerhardt dated January 30, 1991.Proposed traffic circulation pattern.Staff Revised traffic circulation pattern. Meno from Charl,es Folch dated January 28, Lg9L.Prelininary plat dated January 15, 1991.Site Plan dated January 15, 1991. CITY OF CH[NH[SEEN 690 COULTEB DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 !{EI,TOILAND[,I.I To: Jo Ann olsen, SenLor Planner FRoM: Todd Gerhardt, Assistant city ,.rr.g.d[G' DATE: January 30, 1991 SUBT: Update on the ecquisitlon of the Hanus Land At the october 18, 1990 meeting, the IIRA directed staff to draft a purchase agreement for the acquisition of Parcels 1, 2 and 3 from Lotus Realty services (see attached nap). staff is in the processof making final revisions to the purchase agreement and have thisiten scheduled for the HRAts next neeting on February 2L, 799L. The HRAts intent in acquiring these tracts is to ensure that development in this area is less intensified. To meet this objective, the HRA wouLd insist on a developnent that would have proper landscaping, low Ieve1s of hard surface coverage and traffic levels that would naintain safe accesses fron Great Plains Boulevard and Dakota Avenue. The HRA will be working closely with the Planning Departnent on the type of uses which meet these criteria for developrnent and narket the property based on these specifications. t ! t t'tQ @ .: ), . a Bi- I:i I ''s 1- t ! a tlj.l.',;* ., *. -*. I t ,'hl ,^ \i"/,. i'/ i " 12!.64 . Ncil, :* D I I ! T L'-l ! , f t;" 3\3 Bi ,.J t \ ri-- tt,:r 6 1-l r \1 2. -> :\ i: 9: i I ;, I -)\ .. : 'i :\ ,:\ 'li\ e..). \,iili : .1.) ir o\ \ 'i\.,''.i\ \ c!9 9z - - __ i. -- - I I t I I r{ : I, I :r-ttI I C*L'{. rI Ehtsh PE PIE Eo- F{L !irCI E5zass I I i@ *.> a I I I a I t a I ? I I I ,- -l I I II I -l I ! I F I I -r-,I EI bhEIF EE PIE l- - i iI D|.! z.oI{-.EE E5zr.ss *'b I '-r { --I I II -. c-lL 690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-s739 EH[NH[SSEN q. I{EITCRANUX.{ TO: Jo Ann Olsen, Sbnior Planner FRCM: Charles Folch, Assistant City Etgineer DeXEs January 28, )-99L St]BJ Site Plan Revier., for VaLvoline Rapid Oil Ctnnge LUR 91-2 @ADI}{G Frdn the site/grading plan su.hnitted, it is alparent that nearly all of the site will e4perienc€ scrE grrading alteration. E<isting ancl prcposed contours ha\re been provided for the site itself horerrer, the applicant should provide et<isting off site cqrtours for al1 areas within I00 feet of the prcperty line incltding 79th Street. ItE applicant sha1l also c@rdinate the bounclary site grades with the 79th street in order to establish a c(Ilpatible gEade rEtch. ER,AINAffi Drainage for the site is prqosed to be arccnnndated [t directing the nEjority of the site run-off !o a single catch basin to be leated in the northern portion of the site. ltris site plan wiU necessitate the o<tension of storm sewer frcrn rfl L\L/ C,reat Plains Borlerrard to this site along the sorth side of the existing 79th Street. ItE applicant shal1 cordinate and provide tbtailed infornation of the storm sehrer connecEist to the prcposed storm sewer along 79th street. Scnre refinsrent of the site &ainage sctsrc will neeal to be perfornEd IErticularly near tlp drivermy access to insure that the flcr, is directed to*ard ttre private catch basin and not out onto the public street. Actual rundf calculations prepared by a registed professiuul engineer and a csttrihting drainage area map is also reqEsted. I}TILITTES Sanitarlr serper service is propced tso be acquired fron the o.isting trunk sani- tary ser€r running gnrallel to the south properEy Iine. Inforrnation ot o<isting serer elevatiqrs and appro<futate service crsmecLion elemtion is reqto"gs6. Water service is proposed to be acquired by cannecting into an g(isting service stub leated in the northeast corner of the site. CITY OF Jo Ann Olsen January 28, L99]- Page 2 RECCI\,IMENDED CCI{DITIONS I AFp1icant sha11 provide ocisting elerration cqttolrs to a distance of 100' beyond property line. Applicant shall corilinate vrith and provide detail infomation dl the storm sei,€r cdmection to the propeed storm seli$er along 79th Street. Runoff calculatiors pretrnred by a registered professional engineer and a contrih.rting drainage area tnap shal-l also be provitled. Appticant shall provide e:<isting sanitar,l' ssder and service cpnnection infonration. A City standard cqtcrete ilriverray apror shall be cdlstructed at the entrance. Street overlay, right turn lane, storm seleer lighting and tanilscaping irprovsrents to 79th street shall be a candition of the site plan develogrEnt. 3 q lap STREIS AIiID DRTVE AISLES West 79th Street is a paved surface with curb anat gnttter o<terding appror.fuiately 300 feet eact of Great Plains Bafle\rard terminating in a cu1{e-sac. This street vrill provide the only ac€ess to the site. A-e trEntioned previously, this proposal will require the o<tension of storm serrer frcm TIt 101,/@eat P1ains-acpievard wtrich ;iU likely disturb a portion of the street. A.s a part of this site ptan develc[flEnt it is also reconnerded that street improrierents be tmde in the form of a right-turn lane at the intersection with 1110I and a cclplete bitrminous overlay to inprove the serviceability of the street. Ihe cdtsulting engineering firm of BR!{, Irc. has investigated this inproverent project consisting of the construction of a right-turn 1ane, bitr.uninous o\rerlay alxl storm ser,\Er. Ttte estimated construction cpst is $49'350. As a part of these street furprove{rEnts I would also reconnerd the installation of street lighting and landscaping along 79th Stsreet. With these atkiitions the estinated construction cost is appro<irnately $62,000. The site plan suhdtted shcns an entranc€ near the northeast corner of the site wieh a clockwise vrehicul-ar circulation pattern through the site. DLE to potential turning confl-icts and mjmimal stacking proviiled with tte design suhnitted, it is reccnsrended that the vehicular circulation be changed to proviile for a count€r clocl<wise ilirectiornl no'€Ient. Ttris roould eliminate the potenLial turning conflicts and provicb substantially nore stacking capa.city for the site. fn addition a cslcrete ilriveay ettranc€ shall be constructed at the entranc€ to the site. 2. 4 aTaQa teua ( i I51A'fa t blu^'( ttalol f I + \ I I I I I I I : -l ir I\ \\ \ \ 4-. l!-i lr, 3FiIt i- II sz- o\ g EE$e .=g lts3-r P9+ .r .- -ft3lil3 B \6 \5 ti \ IEii\#\ -+ t E F \ \ tt E, 3li *i ii Fl: -\- L I fit I g $r*r I I I i.:t Lt I i o { m lol! D Itr lz lo lu l5 t2 ii Iil 3ttr3,iiii I :T t$Bi iislti.gt E!ilI Eirl iI i FiT EI r- \\ I + !5 st / lll LEi !-{ I +; ri [" E I \ s \ - IFFIrittFrII F;!r ftttEFtEttl,FlllFFIIIEf,Fi4g1t"E|:ITtrEfi[rrrrtrrrlFIT;itttrF.[ \ \ I I I ii*liuE ( \ \ I A\|-/ \ \ E'T PE![ o*o o + cl +o o a Eg r3 }I l" TEiT.iTli EE'ar ,t !ti IE-l ! F.:r$lE- I. f rllrsi ! ril9-{n-!li !I E E3 tlII;it F- i-v,- !:I t: +f t!. t ,.,=I1q +t !l E:+,1 r!tali rll !.9 $ I o oIr!tr[' ar DL -{i $ D I! 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V_ d !li I ff'-i"r:h:lg :..' l:: l-* -':::: I 1 I I I I It- ln l@i' :--.iilii.rifuc E N N N l u N N ffi ,, i E 't. N m INfiIEE!E!!!il I5!NEr!ffI!! EIE!I i-iEt E- E t!EI IIEI I E -a ffi IE Hiii;ii.i{: @ '--r-----, --:_- II eII I II ) JffiM I I II ! I a II t ,tot Foi oo.lsmrcnot EM@@p l!i tl s$e/ {H E ) {I t! ( a!l !iit- @ NJ ri t I ( ( I II J ils ,!t Irl II rl TY lr lr !i I iiri I I II tt- rl i:r t i t I tr ili! tii, IIiI, li ( I l it !l !I! a I rlll Erl ! ItI ! I I i!:lllrt;ll: ii!i ii,!rir /x\lP u, ti !l I,iI i !r l.!;IiI ! I lrou,rlus[oc uoj l0l{ 6thtu?81fu){vryl4rGlLIAJ tirrtr c. !a'rr- s!a'-^a I i\, 1 I !i t ) ,9 E, ) ) II nt rtlr I' rl rTL1l x d il ;\v() I !I I I I \, III I tI I Iiii rl I CH[NH[SEEN 590 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMOR,ANDT'Ii! TO: Planning Conmission FROM: DATE: SUBJ: January 31, 1991 Jo Ann Olsen, Senior Planner , _. -, Planning Commission adopt the following Zoning Ordinance Amendnent to Amend Section 20-576(3) Regarding Contractor t s Yards as fnterim Use in the A2District on February 12, L99l , the City Council recom[ended removing certainuses as conditional uses and instead permitting them only asinterin uses in certain districts. The reason ior this was toa1low uses that tould be suitable on a temporary basis in certaindistricts until they are further developed, aC which point, theinterirn use should be removed. During this process, co-ntractor r syards were listed as an interim use under the A2 District. ft wasintent of the city to only atlow contractorrs yards to rernain as aconditional use in the IOP District. The planning Conmission andCity Council wanted to lirnit the area where contractor's yardscould be located since we hrere seeing apptications for nuch moreintensive use of contractorts yards being proposed in theagricultural and rural residential areas. Wittr- the proposed changes to the Conprehensive plan, several acres of A2 land will belocated t^rithin the UUSA line. Therefore, contractorrs yardslocated in this location would not be suitable with the potenitalfor developnent and the city has seen in the past, once acontractorrs yard is established, it is very difficult, if notimpossible for it to be renoved. Therefore, staff supportsremoving contractorts yards as an interim use in the A2 Disliict. ANALYS I S RECO}4MENDATI ON Staff recornrnends the motion: rrThe Planning Cornrnission recornDends thatdeleted frorn Section 20-575(3) regulatingDistrict. It contractor i sinterin uses yards bein the A2 CITY OF ! 20-575 C}IANHASSEN CITY CODE S€c. 20575. Lot requireneuts aud aetbacts. The following minimum requirementa shall be observed in an "A-2" Diatrict subject to additional requirements, exceptions and modifications set forth in this chaptcr: (l) The minimum lot area is two and one-half (215) acres, subject to rection 20-906. (2) The minimum lot frontage is two huntlred e00) feet, except that lots froating on a cul-de-sac shdl be two hun&ed (200) feet in n'idth at the building s€tback line.' (3) The minimum lot depth is two hundred (200) feet. (4) The msxinuu lot coverage is twenty (20) perc€nt. (5) The setbacks are as follows: a. For front y'ards, fiftY (50) feet. b. For rear yarils, fifty (50) feet. c. For side yards, t€n (10) feet. (6) The maximum height is as follows: a. For the principal Btrusture, three (3) stori;dforty (,10) feet. b. For accessory structures, three (3) storiedforty (40) feet. (7) The minimum &iveway s€paratioD is as follows: a. If the driveway is on a collector street: four hun&ed (,100) feet. b. If the driveway is on an arterial stre€t: one thousand two hundred fifty (1,250) feet. (ord. No. 80, Art. v, ! 3(5-3-5), 12-15-86) Sec. 2D-570. Iatcria ueee. The following are interim uses in ttre "A-2" Digtrict: (l) Churches. (2) Mineral ertractioD. (3) Coutractor'syards. (4) Mobile boaes (compliaace with sectioa 2G905 is Dot r€quircd). (5) Bed aad brea&fast est8blishlreats. (6) Comoerciat Lennels, Bt^ablel aDd ridiag academies. (7) Wholessleauneries. (8) GoIf &iviag ranges with or witbout niniature golf couraes. ((H. No. r20, ! 8,2.12-90) Secs. 2XI5??-2X!590. Rceened. Supp. No. 2 1206 1. EII[NH[SSEN 690 COULTER DRIVE ' PO. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 . FAX (612) 937-s739 ME}{ORANDIIM TO: FROM: DATE: SUBJ: Planning commission Paul Krauss, Planning Director January 31, 1991 Amendnents to Section 20-41 of the zoning ordinance Pertaining to consistency of Zoning Actions with the Comprehens ive Plan PROPOSAL/SUUI,IARY In light of the city councilrs recent approval of the Cornprehensive PIan, staff undertook a review of Zoning ordinance requirementsrelative to the P1an. In many comrnunities, there is language that requires zoning actions to have consistency with the comprehensive P1an. Thus, in these conmunities it would state that a rezoning must pass a requirenent of having consistency with the Cornprehensive Plan or the Cornprehensive Plan should first be revised. chanhassen Zoning ordj.nance currently has no such tie-in. Therefore, f have asked the City Attorney to draft a zoning ordinance arnendment that would rnake this connection clear. He has proposed revised language which would be placed in Section 20-41 of oivision 2, which deals with amendments to the ordinance. The revised language states that anendnents shall not be adopted thatare inconsistent with the cityrs Comprehensive PIan unless the Council expresses itrs intent to amend the Cornprehensive P1an.staff believes that by adopting this section, the connection betr^/een the Zoning ordinance and the conprehensive Plan will be ctarified which will lend additional creditability to the PIan itsel f. The Planning Cornmission should be aware that the Zoning ordinance does not provide guidelines and procedures for revisions to the Comprehensive Plan itseLf. These are contained within state legislation commonly referred to the ltetropolitan Land Planning Act . Staff recommends that the Planning cornrnission approve arnendments to section 20-41 , pertaining to consistency $rith the comprehensive PIan. CITY OF STAFF RECO},IMENDATION CAMPBELL, KNUTSON, SCOTT & FUCHS, PA. Attomeys at l-aw Thomas J. Campbell Rr4er N. Knutson Thomas M. Scon Gary G. Fuchs James R ]0Ualston Elllott B. Knetsch Gregory D Lewis Dennis J. Unger (612\ 456.9539 Fax (612\ 456-9547 January 14, 1991 ![r. Paul Krauss chanhassen City Ha11 590 Coulter Drive, Box 147 Chanhassen, ![innesota 55317 RE: Dear Paul: Criteria for Amending the zoni nq Ordinance Enclosed please find the ordinance you requested concernj.ng criteria for amending the Cityts zoning ordinance. very y yours, CAT,IPBELL KNUTSON, SCOTT P. er N. Knutson RNK: srn Enclosure AE0[i'.e* JAN 1 i 133i Qfl Y ur v'-',."rnaootN Yankee Square Office III . Suite 202 . 3460 Washingron Drive . Eagan, MN 55122 amended to read: 8ec. 20-t1. c€lerally. The Council nay from tine to tirne by a four-fifths (4/5,vote of the entire Eouncil adopt anendneirts to this chaptei,including the zoning nap. Amendments shall not be adoptad thatare inconsistent rrith the cityrs comprehensj.ve plan u;Iess theCouncil express its intent to anend the compreh-nsive p1an. ORDINANCE NO. AN ORDINANCE EI{ENDING CEIPIER 20 OF ITEE CEIIIEA8sEN CITY CODE, EEE ZONING ORDIXIIICB, CONCERIIING CRITERIA FOR IIIEITDIXG TEE ZOI'ITTG ORDINANCE The city Council of the city of Chanhassen ordains: Sectior 1.section 20-41 of the Chanhassen City code is Section 2. upon its passage This ordinance shalL be effective iuunediately and publ ication. PAS sED AND ADoPtED by the chanhassen City Council thisday of l-9 91 . ATTEST: Don Ashuorth, Clerk/Manager Dona1d .1. Ch:oiel , Mayor (Published in the chanhassen villager on CITY OF CIIANHASSEN CARVER AND HENNEPIN COI,'NTIES, MfNNESOTA , 1991. ) q CITY OF EH[NH[SEEN 690 COULTER ORIVE . PO, BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-s739 MEMORANDI'I,T TO: Planning CoDmission FROtit: DATE: SUBJ : ATTACHMENTS Section 20-406, Section 20-29, ii' - bv Jo Ann Olsen, Senior planner February 1, 1991 Zoning Ordinance AnendDent to Amend Section 2O-4o6Regarding Variances to the Wetland Ordinance - To foLlowthe Procedure as stated in Division 3, Variances of theZoning Ordinance Just recently, staff was processing a variance to the WetlOrdinance regulations. Under the Wetland Ordinance regulationvariance to the standard is only reviewed and decided ipon bycity CounciL. Typicatly, the only variance reguest to tire weltOrdinance is to the 75 foot wetland setback standard. Such setbstandards are typically reviewed by the Board of Adjustnents, wha decision is nade or else the decision is passe-d onto the CCouncil. The City Council has directed ltaff to amendordina-nce !o require any variances to the WetLand Regulationsalso be first reviewed or a decision made by thL BoardAdjustrnents rather than just the City Council reviewing the it rrA variance froro this section shall be reviewed by the Boardof Adjustnents and Appeals. The Board shall be eirpowered todecide appeals and grant variances only when the d-ecision ofthe.Board is by unanimous vote. The simple najority vote orsplit vote by the Board shall serve only as a iecomirendationto the City Council, rrho shalL then nake the finaldetermination on the appeal or variance request. The varianceprocess sha11 follow the guidelines set in Section 20-29 and20-56 of the city Code.rt andsa the and ack ereitv the to of en. Therefore, staff is reconmendi.ng the planning Conrnission adopt thefollowing motion: rrThe _Planning Cornmi.ssion reconDends approval of Zoning OrdinanceAnendment by replacing Section 20-406 with the following 1anguage: 1 2 city Code.City Code. ZONING ! 20407 ( responsibilitt othenvise imposed by law for damage to persoru| or property; aor ghall the issuance of an1'permit serve to impose any liability on the cit-'- or its oficers or emproyees for injurr or damage to persons or property. tOrd. No. 60, Art. V. i 24lf.-24-t},l2.15-86) See. 2M0{. Eslablishment of *.etland areas, Lanrts lying *'ithin a wctland area shall be subject to the requirenents *tablisheal herein. as well as restrictions and requirements established by other applicabte city ordinan- ces and regulations. The wetland hotection Begulation shall not be construed to altow an)1hing otherwise prohibit€d in the zoning district where the wetlaod area is located. The wetland map, entitled "chaahassen wetland Map" &ted May 22, rgu is hereby adopted as prima facie eridence ofthe wetland areas and an ollicial copy is on lite in the ofiice of tbe city clerk. Land n'ithin the wetland areas shall be classified as class A wetland or class B wetland as delineated on the map. (Ord. No. 80, Art. V, i 246.24-g), 12.15€6) Sec. 20-f05. DeterEri[atioD of wetland area. An applicant for development which rray be in a wetland area shall bring this to the citt':s attention. If required by the city, the applicant shall pro'ide appropriat€ technical information. including but not limited to, topographical survey and eoil data deemed neces. sary for the city ta deterDline the exact wetland boundary. The city council may exeEpt laDd from the wetlanc regulations if it finds that the land is not in fact a wetland. The city council shall mahe necessar]' interpretations coDcerning the wetland area based upon the wetland map. the definition ofrvetlands and the intent and purpose ofthis anicle. (Ord. No. 80, Art. \', E 2415-24-21,12-15.86) Sec. 20-406. Variances. The cit1, council may grant a variance from the requirements ofthis article. In addition, a variance may be granted based upon mitigative measures proposed b). the applicant to recrearc, to an equal or great€r degree, the environmeDtal and h-vdrological function of t}te welland ar€a that is proposed to be altered. (Ord. No. 80, Art. V, $ 24(5.24-14), 12.15.86) ( Sec. 20-{07. Prohibited uses in claea A wetlaadc. The following uses are prohibited in class A wetlan&: (l) Disposal of waste Erat€rial including, but not limit€d to. s€wage, demolition debris, hazardous and totic substancee, and all wasta tlat would normally be dispoaed ofat a solid waste disposal sitc or into a sewage disposal systcm or sanitary sewer, €) Solid wastc disposal sites, eludge ash disposel rites, he.ardo'c wEate transfer or disposal rites. (3) Septic or eoil absor?tion !y8t€ras. suPP' No' ! rrgg X t ( | 20.29 (2) To bear requests for variarces from the provisioas of the cbapter. (Ord. No. 80, Art. m, ! 1, 12-15€6) S[ate law reference-Board of adjusheDt aad appeals, M.S. ! 462.3b4, suM.2. Sec. 2G29. Variaucee geuerally aad eppealr. (a) Forr4'fee Appeale and applications for variaaces .hall ts 6ld *ith the zouing admiaistrator on preecribed foras. A fee, ag egtabliehed by the city couacil, ahall be paid upoa the frling ofaa applicatioa. lte board of a{usturnts Etrd app€al8 may raive the application fee ia uuusual circuEstatrces. (b\ Hearing. Upoa the filiag of aa apped or epplicatioB for eariaDce, the uoairy adaiai* trator ahall aet a time aad place for a heariag before the board of adjrutmenG aad app€als oa auch appeal or application, whieh heariag aLall be beld withia thirty (30) days aftar the filiug of said appeal or applicatiou. At the hearing the board shall bear auch peraons ar rieh to be heard, either in person or by attorney or agent. Notice ofsuch heariag shalt !g rrreilsd gs[ tgss thaa ten (10) days before the datp of hearing to the person who filed the appeal or application for variance, and, in the case ofa! application for variaDce, to eecb owrici ofproperty eituatad wholly or partialy within five hundred (50O) feet of the pmperty qo which the variaace application relates. The aaraes and addregees of such owDers aball be detenoiaed by the zoning admi:ristrator from recorils provided by the applicaat. (c) Decisr,ozs of the board lbe board ahall be empowered to decide appeals and grant variaaces only wheu ttre decision of the board is by a ''nqnimgus y6t€. I aiuple 'ndority vote or split vote by the board rhall sene oaly as a recommeDdation to the city couacil, who rhqll then make the final determiaatioa ou the appeal or variance r,aqulst sirhin ttrirty (80) &ye after receipt ofthe board's aetioa. The board shall act upoa all appeals aad variaucc requests cdthin fift,een (15) days after the date of the cloee of the required heariag. (d) Appeol fum dr,cisbw of board Any persoa aggrieved by aay decision of the board, including the applicant or aly p€rsotr owaing property or residiDg wirhiE five hun&ed (800) fe€t of the property to wbieh a variaace applieation relates, ruay appeal euch decisioa to the city couacil by filiag au appeal with the zo'iag aalmiristrator withia tea G0) days eft€r tbe ilatp of the board's decision, l}e procedure goveroing appeals to tbe board shall alao govern appeale to the city couacil. (e) Couzcil actiott By nqiority vote, the city council Eay !.jever8e, afrrr1 c aodify, wholly or partly, the decision appealed froE the board, and to that ead the city council rhall have all the powers of tbe board. The council ehall decide all appeaLr withia trirty (30) &yg after the date of the required hearing thereoa. a Actbn witlput &cbbt If no decisiou iB traDrmittDd by tie board to the city couDcil within sixty (60) days from the date an appeal or variance requeat ia filed with the zoaing adminigtlator, the council may take action on tlte request, in accordalce with the procedures governing the board, without further awaiting the board'g decisioa. (Ord. No. 80, Art. IU, [ 1(3-14(1)-{5), O), 12.1585) Statc law refer€nce-Appeals aad adjustueats, M.S. ! 162.38?, aubd. 6. ,* ( 1159 ZONING C ZONING ! 20.88 chapter, including the zouiug map to the council. Ifno report of recommen&tioa is trarsEit-ted by the planning commission within eixty (60) days foliowing referral of !f,s a,ngadrnsil tot'he comuission, the council may tate actioa on the amendoeut wioout a*aitiag ;Jrecoameadatioa. (Or& No. 80, &t. Itr, ! g(83.(), 12-tE€5) Sec. 2D-t5. C.ouneil aetiou. Following pl"""i"g co"'rni*iou coasideration of aa anendmeat to thie chapter Lrcludingttre zoniag Eap, or upo' the 'rrintioa d its leview perio4 the co.ac aay adoet ta]rroeniloeut or aay part thercof iu sucL fom as it deeEs 8dvirabre, reject the aueaduent, ortrefer it to the ple"ning coaniesion for firrtber coagiileration. (Ord- No. 80, Art. Itr, ! 3(45.8), 12-15€6) Sccs. 2G4&-2G65. Bererred. rhe vioration of any written condition shalr corstitutc a violatioa of this chaptar. AvsriaDce shall become void within one .) year fo,owing issuance uaregg substaDtisl aetiouhas beea taken by the petitioaer ia reliaace tbereon.(H. No.80, Art. m, ! 16.rJ(r), U-15€6) ( DTVISION 3. VARIANCES Sec. 2G55. Generally. A variance from this chapter may be requestcd oaly by the owner (or hie approvedrepresentative) of tbe property represeDtative to which the vcriance would apply. A vJance - Eay not be granted which would anow the use of prop€rB in a Ealner Dot perEittcd within.he applicable zoniag distric. A variaace may, however, be granted for the tcuporary use of aone'faroily dwelliag 8s a twda'ily dwelling. Ia grantiug any vsria.c€, the board of a{ust-Eents and appeals may prescribe coaditions, ta eDaure aubstautial corapliancc with thiscbapter and to protect adacent property. (Ord. No. 80, Art. Itr, I l(g-t-g(r), Ut-tS€G) sec. qI57. Violstions of conditionc inposed upou variaace; teraiaatiou for loDuae. Sec. 2&58. C'eneral conditiona for graatiag. A variancc nay be graated by the board of a{iustuents aad appeara oaty if it fraite all tbefollowing: (1) Tbat the litcral enforcement of this chaptcr would cauee undue hardsh ip and practi cal difficulty. o) That the hardship ig caused by special conditions and circumstances which arepeculiar to the rand aad structure invorved aad whicb are Eot chsract€rirtic of or applicable to oth?r leD& or strueturec in the seDe diltrict" 1161 4 i C I CITY OF CH[NH[SEEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDI'M TO: FROM: DATE : Planning Cornmission Jo Ann Olsen, Senior Planner February 1, 1991 2 3 SUBJ: Update of Flood Plain Ordinance On October L3, L989, Planning and Engineering staff net with CeilStrauss and Judy Boudreau fron the DNR to discuss flood plain nanagement in the City of Chanhassen. The meeting was conducted bythe DNR on behalf of the Federal Energency l{anagenent Agency (FEMA)in consideration of Chanhassenrs continued participation in theNational Flood Insurance Prograr0 (NFIP). Chanhassenis Flood PlainOrdinance is non-conpliant due to 1986 changes to federalrequireraents of the NFIP. The representatives fron the DNRprovided staff with a copy of a nodel ordinance that they reconmendthe city adopt since it is conpliant with a1I 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 omissj.ons. State regulations allows 6 rnonths for the city to amend the flood plain ordinance and federalregulations only allow 90 days for arnendments to non-conpliantordinances. The deadl.ine for the ordinance occurred on January 10,1990. The ordinance must be anended to avoid any possiblesanctions imposed by FEMA. state 1ar, also requires that theproposed local ordinance be revi.ewed and approved by the DNR 30 days prior to adoption. Although a year late, staff has provided an amendment to the floodplain ordinance which includes sorne of the nore significant changesfelt to be necessary by the DNR. The :naj or changes of the arnendment are as follows: 1 The definition of ilbasementtr was expanded to include all belowgrade areas enclosed on all four sides. Provisj.ons were included to regulate the placement of traveltrailers and travel vehicles. Changes were Dade in the application of wet orfloodproofing technigues for accessory structuressubstantial irnprovernent to prirnary structures. dry and 4 5 Flood Plain ordinance February 1, 1991 Page 2 changes were nade reguiring replacehent manufactured hones to be properly elevated and anchored. changes rrere made to incorporate specific enforcenent procedures for dealing with ordinance violations. Fron the neeting with city staff and DNR, it became apparent thatthe city does not have the forDs and procedures for recording, inspecting and certifying elevations of the lowest floor pernittedstructures, The DNR provided sanple forns which can be used intheir entirety or in part as needed. The forros are useful in that once the proper flood protection elevation has been detennined for a particular site, that elevation can be specified on the buildingpermit. After the structure is buiIt, the as-buiLt elevation shoutd be certified in accordance with the cityrs ordinance beforea certificate of occupancy has been issued. This systen forcertifying elevations of the lowest floor of permitted structureswill be implenented by the Building Departnent. It was also determined that there is an existing flood boundary located in the Chanhassen Lakes 5th Addition developnent adjacentto Riley creek. As a result, there is a possibility of fill in thevicinity of Park Place which has encroached in the floodlray which would have normaLly required a conditional use pertnit j,n accordance rrrith section 4.2 of the cityrs Flood Plain llanagement ordinance. Before allowing any further developrnent in the vicinity, the city rnust analyze the fill inpact to determine whether this portion ofthe floodway can be filled without increasinq potential flood damages or stages. ff such can be detennined, the city nay requesta letter of nap revision (IoMR) fron FEMA. The city can request assistance fron the watershed District Engineer and fron the DNRfor guidance. Staff is neeting with Judy Boudreau fron the DNR toinitiate the process to detemine whether there has been an increase in potential flood danages and to initiate a revised map. The proposed revisions are in boId. Staff is comfortable that the proposed amendments do not significantly change our enforcenent ofthe ordinance other than stronger requirements for buil-ding permit appl ications . RECO},I}lENDATION staff recommendsnotion: 'rThe Planning Cornmission amendments to the Flood Attachment #1.rr the Planning Cornmission adopt the following the AS fol lowing shown in Proposed changes to ordinance.Letter fron DNR dated January 3, 1991. 1 2 recommends adoptingPIain Overlay District ATTACHMENTS CITY OF CHANHASSEN CARVER AND HENNEPIN COI'NTIES, !,TINNESOTA ORDINN{CE NO. AN ORDTNANCE A!,IENDING ARTTCLE II, ADI{INISTRATION AND ENFORCEI{ENT Sec. 18.39. Preliminary PJ.at. Add the following under (f): (8) Revie!, Criteria. No land shal1 be subdivided which isunsuitable for the reason of flooding, inadeguatedrainage, rrater supply or serrage treatment facilities.All lots within the flood plain districts shall containa buil.ding site at or above the Regulatory FloodProtection Elevation. A11 subdivisions shall have waterand ser,rage treatnent faci.lities that comply vith theprovisions of this ordinance have road access both thesubdivision and to the individual building sites no l-o$rerthan two feet beLow the Regulatory Flood protection Elevation. for all subdivisions in the flood plain, theFloodway and Flood Fringe boundaries, the Regulatory FLood Protection Elevation and the required elevation ofall access roads shall be clearly labeled on all requiredsubdivision drawings and platting docunents. Changed information: Sec. 18-40. Sane - Data Required. and add the following under (4) Supplenentary Sec. Change existing (1) to (n) and add the following: (1) Establish 1OO year elevation, floodway and flood FringeDistrict boundaries and regulatory flood protectionelevation for the subdivision site. 19-81. Discharges. Add the following: On-site ser^rage treatment and rrater supply systems. Wherepublic utilities are not provided: 1) On-site water suppLy systems nust be designed to nininize or elirninate infiltrationof flood rraters into the systemsi and 2) New or replacenenton-site sewage treatment systens nust be designed to minimizeor elininate infiltration of flood waters into the systerns anddischarged from the systems into flood hraters and they shallnot be subject to inpairnent or contamination during tines offlooding. Any sewage treatnent systen designed in iccordancewith the Staters current statewide standards for on-site L sevrage treatment systens shall be deternined to be in cornpliance 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 1eve1) on all four sides, regardless of the depth of excavatj.on below ground leveL . Conditional Use - neans a specific type of structure or land use listed in the official control that nay be alloqred butonly after an in-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 compatiblewith the existinq neighborhood. Equal Degree of Encroachment - a nethod of determining locatj.on of floodway boundaries so that flood plain lands both sides of a strean are capable of conveyingproportionate share of flood flows. the on a Flood - a temporary increase in the flow or stage of a streamor in the stage of a wetland or lake that results in the inundation of norEally dry areas. Flood Frequency - the frequency for which it is expected thata specifie flood stage or discharge may be equalled or exceeded. Flood-Proofing - a combination of structural provisions, changes, or adjustnents to properties and structures subjectto flooding, priurarily for the reduction or elinination offlood danages. obstruction - any dam, wal1, wharf, enbankment, 1evee, dike,pi).e, abutnent, projection, excavation, channel nodification,culvert, building, wire, fence, stockpile, refuse, fiI1,structure, or matter in, along, across, or projecting into anychannel, rratercourse, or regulatory flood plain which rnay i,rnpede, retard, or change the direction of the fl.ow of water,either in itseLf or by catching or collecting debris carriedby such water. Principal Use or Structure - means all uses or structures thatare not accessory uses or structures. 2 Reach - a hydraulic engineering tern to describe alongitudinal segment of a strean or river influenced by anatural or nan-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would nost typically constitute a reach. Structure - anything constructed or erected on the ground orattached to the ground or on-site utilities, including, butnot lirnited to, buildings, factories, sheds, detached garages,cabins, manufactured hones, traveL trailers/vehicles notneeting the exeroption criteria specified in Section 9.31 ofthe ordinance and other siniLar items. Variance - Deans a nodification of a specific permitted developnent standard required in an official control includingthis ordinance to allow an alternative developnent standardnot stated as acceptable in the official control, but only asapplied to a partieular property for the purpose ofalleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a cornmunitytsrespective planning and zoning enabling legislation. Sec. 20-27. Revocation, nodification, 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 Adninistrator shall inrnediately investigate th-esituation and document the nature and extent of theviolation of the official control. As soon as is reasonably possible, this infornation wiLl be subnittedto the appropriate Departnent of Natural Resourcesr and Federal Energency lttanagement Agency Regional Office aLongwith the Community I s plan of action to correct theviolation to the degree possible. (b) The Zoning Adninistrator shalL notify the suspected partyof the requirenents of this Ordinance and all otherOfficial Cbntrols and the nature and extent of the suspected violation of these controls. If the structureand/or use is under construction or developnent, theZoning Adninistrator may order the construction or developnent innediately haLted until a proper permit orapproval is granted by the Conrrunity. If theconstruction or developnent is already conpleted, thenthe Zoning Administrator may either (1) issue an orderidentifying the corrective actions that nust be rnadewithin a specified tine period to bring the use orstructure into conpliance with the official controls, or(2') notify the responsible party to apply for anafter-the-fact pernit/development approval within aspecified period of tiue not to exceed 3o-days. 3 (c) If the responsible party does not appropriately respondto the Zoning Administrator within the specified period of time, each additional day that lapses shalL constitute an additional violation of this ordinance and shall be prosecuted accordingly. The Zoning Adroinistrator shallalso upon the lapse of the specified response periodnotify the landordner to restore the Land to the condition which existed prior to the violation of this Ordinance. Sec. 20-29. Variances generally and appeats. (b) Add to paragraph: The Board shal,l submit by nail to the Commissioner ofNatural Resources a copy of the application for proposedVariances sufficientLy in advance so that the Cornmissioner will receive at least ten days notice of the hearing. (c) Add to paragraph: A copy of all decisions granting Variancesfonrarded by rnail to the Conmissioner of Resources within ten (10) days of such action. shal1 be Natural (s)Flood Insurance Notice and Record Keeping. The ZoningAdninistrator sha11 notify the app).icant for a variancethat: 1) The issuance of a variance to construct astructure below the base flood 1eve1 will result in increased preuium rates for flood insurance up to anounts as high as $25 for $100 of insurance coverage and 2) Suchconstruction below the loo-year or regional flood 1eve1 increases risks to life and property. Such notificationshal1 be naintained with a record of alI varianceactions. A conmunity shall Baintain a record of allvariance actions, including justification for theirissuance, and report such variances issued in its annualor bi-annual report submitted to the Adninistrator of theNational Flood Insurance Program. Sec. 20-44. Planning conmission action. Add to paragraph: If the action involves floodplain property,a notice of the decision wiLl be mailed to the Departnent ofNatural Resources. Add Section 20-46. Floodplain. The flood plain designation on the official Zoning Map shallnot be removed fron flood plain areas unless it can be shown thatthe designation is in error or that the area has been fiLled to orabove the elevation of the regional flood and is contigruous to lands outside the flood plain. Special exceptions to this rule naybe perrnitted by the Comnissioner of Natural Resources if hedeterl0ines that, through other rneasures, lands are adequatelyprotected for the intended use. AII anendments to this Ordinance, including anendnents to theOfficial Zoning Uap, must be subuitted to and approved by the Cornmissioner of Natural Resources prior to adoption. Changes inthe official Zoning tlap must neet the Federal Energency litanagementAgencyrs (FEMA) Technical Conditions and Criteria and must receiveprior FEMA approval before adoption. The Conrnissioner of Natural Resources nust be given lo-days written notice of all hearings toconsider an anend.nent to this Ordinance and said notice shall incl-ude a draft of the ordj.nance anendnent or technical study under cons ideration . Sec. 20-55. cenerally. sec. 20-73. Discontinuance. sec. 2O-74. Alterations. Add to paragraph: No Variance shal1 have the effect ofallowing in any district uses prohibited in that district, pemita lorrer degree of flood protection than the Regulatory FloodProtection Elevation for the particuLar area, or pernit s{andardslower than those required by State law. Sec. 20-71. Nonconforming buildings and uses. Add to paragraph: Any alteration or addition to anonconforning structure or nonconfoming use which would result inincreasing the flood danage potential of that structure or usesha11 be protected to the Regulatory Flood protection Elevation inaccordance with any of the elevation on fil1 or flood proofingtechnigues. Add to paragraph: If any nonconforming use is discontinuedfor 12 consecutj.ve months, any future use of the building prenisesshall confonn to this Ordinance. The assessor sha11 notify theZoning Adninistrator in writing of instances of nonconforning useswhich have been discontinued for a period of 12 months. Add the following paragraph: (c) fn the flood plain the cost of any structural alteratj-onsor additions to any nonconforning structure over the lifeof the structure sha1l not exceed 50 percent of themarket value of the structure unLess the conditions ofthis Section are satisfied. The cost of all structuralalterations and additions constructed since the adoptionof the Conmunityr s initial flood plain controls nult be 5 calculated into todayrs current cost which will includeall costs such as construction materials and a reasonable cost placed on a1I nanpower or labor. If the currentcost of all previous and proposed alterations and additions exceeds 50 percent of the current narket valueof the structure, then the structure must meet the standards of Article v, Division 3 and 4, for ne$/ structures depending upon wtrether the structure is in the flooduay or Flood Fringe, respectively. sec. 2o-91. Building Pernits. Amend as follolrs: (a) No person shalL erect, construct, alter, enlarge, repair, Dove or renove, any building or structure or part thereof, aDd prior to tbe placen€Dt of fill, excavatioDof raterials or the atorage of naterials or eguipnent within the floodtplaiD uithout first securing a building pernit. Add the follorring to (b): state and Federat Pernits. Prior to granting a Permit or processing an application for a Conditional use Perrnit or Variance, the Zoning Adninistrator shalL deterrnine that the applicant has obtained all necessary State and Federal Pemits. Add the following: (d) Certification. The applicant shall be required to subrnit certification by a registered professional engineer, registered architect, or registered land surveyor thatthe finished fill and building elevations were acconplished in conpliance with the provisions of this ordinance. Flood-proofing neasures shall be certified bya registered professional engineer or registered architect. Record of First Floor Elevation. The Zoning Administrator sha1l roaintain a record of the elevation ofthe lorrest floor (including basenent) of aff neu structures and alterations or additions to existing structures in the flood plain. The Zoning Adninistratorshall atso naintain a record of the elevation to which structures or and al,terations additions to structures are fL ood-proofed. 6 Sec. 20-231. Application, public hearing, notice and procedure. Add the following to the paragraph: The city sha11 subroit by nail to the Commissioner of Naturat Resources a copy of the applicatiori for proposed Conditional Usesufficiently in advance so that the Connissioner will reeeive atleas! ten days notice of the hearing. Sec. 20-233. Conditions inposable on pernits. Add the following to (a): (71 lilodification of waste treatment and water supply . facil 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 paragraph to read as follows: rr. This district is created and applied in accordancewith Minnesota Statutes Chapters 103 F 001-165. 7 section 20-348. Pernitted uses. All public utilities and faciLities such as gas, electrical , sewer and rrater supply systems to be located in a flood plain shalIbe flood-proofed in accordance lrith the state building code or elevated above the regul,atory flood protection elevation. Sec. 20-350. Public transportation facilities. Railroad tracks, road and bridges to be located within the Floodway District shall conply with SectioD 20-366 aDd 20-376. Elevation to the regrulatory flood protection elevatj.on shall be provided where failure or interruption of these transportationfacilities would result in danger to the public safety or where such facilities are essential to the orderly funetioning of thearea. Minor or auxiliary roads or railroads may be constructed ata lower elevation where failure or interruption of transportationservices would not endanger the public safety. Sec. 20-351. Conditional use perrnits. (a) A conditional use permit issued by the city council inconfornity with the provisions of this chapter shalI be securedprior to the erection, addition or alteration of any building,structure or landi prior to the change of a nonconforming usei andprior to the placement of fill or excavation or materials withinthe flood p1an. (b) 6.21 upoD receipt of atr applicatioa for a coDdlitional UsePerDit for a use ritbia tbe ceDeral Flood Plaia Distlict, the 1 DIVISION 2. GENERAL FIOOD PIAIN DISTRICT Sec. 2O-346. Scope. This division applies-to the General Flood Plain District. sec. 20-347. Territorial applicability. The General Flood Pfain District includes the entire floodplain and does not differentiate between those areas which are floodway and those areas which are flood fringe. Because of this,the city shall deternine whether the proposed use is in the floodway or flood fringe using procedures established in division3 of this article and therefore shether it is allowed orprohibited. Permitted uses shall include those uses as permitted bysection 20-366. I.laDufactured homes ard travel trailers/vebiclesare probibited iD tbe geD€ral flood plaiD distrlct. sec. 20-349. PubIic util ities. applicaDt shalI be required to furnish sucb of the followingiDfornation as is deenea trecessaly by tbe city for thedeternLaatioa of the Regulatory Flooa ProtectioD Blevation anilrbetber the proposeal use is rltbia the Floodway or Flood rringeDistrict. (1) e tlfrical valley cross-section shoriDg the channelof the stream, elevation of lanal areas adljoiaiag eachside of tbe channel, closs-sectioaal areas to be occupied by the ploposea developnert, and bigi rater iDforuation. l2l PIa! (surface vi€w) shoyiDg elevatioas or coDtoursof the grouDai pertiDeDt atructure, fill, or storage elevatioDs i size, location, aad spatial arrangemett ofall proposed aDd eristing structures oa tbe site;location and elevatioDs of streetsi photographs sbowingexistilg laid uses aDd vegetation upstream andl dloYDstreami and soil type. (3) Profile shorLDg the slope of tbe bottoD of thechaDrel or flor lire of tbe stlean for at leaEt 5OO feetia either dlirection from the proposea Aevelopment. (c, specificatioDs for builtling coastructioD and materials,flooa-proofiag, filliag, dredgiDg, gradLng, cbaDDeI inprovenent,storage of materials, rater supply aDal saDitary facilitles. Sec. 20-352. Certificate of zoning cornpl iance. It sha1l be unlarrful to use, occupy or pernit the use oroccupancy of any building until a certificate of zoning compliancesha11 have been issued by the city stating that the use of thebuilding of land conforms to the reguirements of this chapter. section 20-353. Construction and use to be as provided inapplications, plans, pernits, and certificate ofzoning compliance. Conditional use pernits or certificates of zoning cornplianceissued on the basis of approved plans and applications shaI1authorize only the use, arrangenent and construction set forth insuch approved plans and applications and no other use, arrangementor construction shall be permitted. Any use, arrangement orconstruction at variance with that authorized shal.I be deenedviolation of this article. The applicant sha1l submitcertification by a registered land surveyor that the finished fiftand building elevations were cornpleted in compliance with theprovisions of this chapter. FLood proofing neasures shaIl becertified by a registered professional engineer or registeredarchitect. The registeleal professioaal engiDeer or registereAarchitect shall evaluate the proposed project iD relation Lo floodheiglrts aurl velocities, the seriousress of flood darnage to the use, 2 tbe adleguacy of tha plaDs for protectiol, aDA other tecbnicalEattelE. Based upoa tbe techrical evaluatior of the designatedengineer or expert, the City sball dete:miae the specific floodbazard at the site alrd evaluate tbe eultability of the proposed useiu relation to the flood hazarat. Sec. 20-354-20-355. Reserved. DrvrsroN 3. FIooDwAy DISTRICT (FW) Sec. 20-366. Permitted uses. The following uses have a low flood damage potential , Doiacrease in flood elevatioD and do not obstruct flood flows. These uses shal1 be pernitted within the Floodrray District to the extentthat they are not prohibited by any other ordinance or watersheddistrict regulations and provided they do not require structures,fiI1, or storage.of loaterials or equiprnent. In addition, no usewithin a floodr^ray district shatl be pernitted to adverseLy affectthe capacity of the channels or floodways or any tributary to the nainstream or of any drainage ditch, or any other drainage facilityor system: (1) Agricultural uses such as general farming, pasture,grazing, outdoor plant nurseries, horticulture, truckfarning, forestry, sod farning and wild crop harvesting. (2) Industrial-cournercial uses such as loading areas, parking areas and airport landing strips. (3) Private and pubLic recreationaL uses such as golf courses, tennis courts, driving ranqes, archery ranges,picnic grounds, boat launching ramps, swimming areas,parks, wildlife and nature preserves, game farms, fishhatcheries, shooting preserves, target ranges, trap andskeet ranges, hunting and fishing areas, and single ornultiple purpose recreationaL trails. (4) Residential uses such as lawns, gardens, parking areas and play areas. (5) UaDufactured boDes, travel trailers/vehicles aleprohibited it the floodray alistrict. Sec. 20-357. Conditional, uses. The followinq, open space uses require accessory structures orfill or storage of naterials or equiprnent. These uses nay bepermitted in the Flood$ray District only after the issuance of aconditional use pernit as provided in 20-351: 3 (1) All gses. lfo atructur€ (temporary or pornaDeDt), fill(iacludiDg ftll for roaals and levees), deposit,obstructioD, atorage ot nateriala or eguJ.pneat, or other uaea nay be !11ou6al as a CoDditioDal Use that rill causeaay iacreaso ,.D tho Btag€ of tLe loo-year or regionalflood or causs sD Lncrease iD llood daragos La the reacho! aeaches lffecteal. (2') Structures accessory to open space uses, provided: Accessory structures shalI not be designed hunan habitation.Accessory structures, if pernitted, shal1constructed and placed on the building site soto offer the niniuum obstruction to the flowflood waters i provided: a b for be as of 1 Whenever possible, structures shalI beconstructed uith the longitudinal axisparallel to the directlon of ftood flow; and so far as practicable, structures shall beplaced approxinately on the sane flood flowlines as those of adjoining structures. ADy EechaDl.cal aDdl utlllty equipneut i.n aatructure Euat b€ elevated to or above theRegulatory trlood protectio! ElevatioD orpropelly flood proofed. 2 1 Accessory structures gball be elevatad oD fill orBtructurally dry flood proofed ia accordaace rltbthe FP-l o! Fp-2 flood proofing classi.fications inthe State BuildlDg coale. As atl alteraative, anaccessory structur€ Day be flood proofed to theFP-3 or FP-t flood proofiDg classificatlon ia tbeState- BuilaliDg- Coate provl.ated the accessoryatructure coDstitut€s a Dl.DiEal invastuent, doeiaot oxceeal 500 square feet LD siz6, aDal for adetachadl garage, the detacbed garage nust b6 usedl 99lel_{ for parkiDg of vehicles and tinlted storage.ell flooal proof€al accessory structures nust Daetthe folloriug adtdlitloaal staDdards, as appropriate: fbe structur€ Dust be adeguately aDchor€d topr€vs[t flotatio!, collaps€ or lateralDoveueDt of tbe Btructure aDd shall bedeslgaed to equaliza bydrostatic flooat forcesor exterior uallsi rDd 2. 4 (3) Placenent of FilI, provided: Any fill deposited in the floodway sha11 be no more than the uininum necessary for use. Generally,fill sha1l be linited to that needed to grade or landscape for that use and sha11 not in any way obstruct the flow of flood uaters. spoil fron dredging or sand and gravel operationsshall not be deposited in the floodway unless a loag-tem sl.te developDeDt plaa ls subnitted sbichlacluales aD erosioa,/sedlineutation preveDtion 616neDt to the plaD. FilI shall be protected fron erosion by vegetative cover, nulchiag, riprap or otbe! accePtable netbod. (4) storage of materials and equipnent i provided: The storage or processing of materials that are, in tine of flooding, flamnable, explosive, orpotentially injurious to human, anirnal or pl,ant life is prohibited. Storage of other roaterials or eguipment rnay be allowed if readily renovable fron the area withinthe tine available after a flood warning and in accordtaDce ulth a pla! approveA by the governiag boaly. (5) Levees, dikes, and floodwalls sha11 not be constructed with the linits of the Floodway district. otherstructural works for flood control such as dams and channel enlargenents that will change the course, current or cross-section of a public lrater shal1 be subject to the provisions of Minnesota Statutes chapter 105. coEDuDl.ty wide structural uorks for flood coDtrol iatendedt to renove areas flon the regulatory flooA PlaiDshal1 rot be allored in tbe floodway. Secs. 20-368-20-375. Reser:rred. DIVISION 4. FI'OD FRINGE DISTR CI (FT) Sec. 20-376. Scope. This divislon applies to the Flood Fringe (FF) District. sec. 20-377. Pernitted uses. b c a b 5 (a) The foLlowing uses shall be permitted within the Ffood Fringe District to the extent that they are not prohibited by any other ordinance and watershed districtregulation: (1) Any use pernitted in section 20-366. (2) Structures accessory to a perroitted use. (3) Residences and other structures constructed on fillso that the baseDent floor or first f1oor, if thereis no basenent, is at or above the reg"ulatory fLoodprotection elevation. The fished fill elevationshalL be no lower than oDe (1) foot below theregulatory flood protection elevation and shall extend at such elevation at least fifteen (15) feetbeyond the linits of any structure or buildingerected thereon. F111 shall be courpacted and theslopes shall be protected by riprap or vegetativecovering. (b) sec. 20-377.1 Conditional uses. No use shaLl be perrnitted which will adversely affect thecapacity of the channels or floodways of any tributary tothe main stream, or of any drainage ditch or any otherdrainage facility or system. (c) UaDufactured boEes aDA travel trailers/vebiclesprohiblted la the Floodl FriDge District.are Uses that are not pernitted or prohibited uses are pernittedonly upon the issuance of a conditional use perroit subject to thefollowing conditions: (1) Residences. Where existing streets, utilities and snaLllot sizes preclude the use of fi11, other methods ofelevating the first floor (including basernents) above theregulatory flood protection elevation may be authorized,provided that the residence is flood-proofed inaccordance hrith the Uniforn Building Code as adopted and amended by the city. tlterlative elavation Dethodts otherthaa the uae of fill Day be utilized to elevate aatructurers louest floor above the Regulatory FloodProtectioa ElevatioD. Tbes6 alterDative netbods uay LDcludle the use of stllts, piliDga, parallel valls, etc.,or above-gradle, eDclosedl areas aucb as crarl spaces ortuck uDdler garages. Th6 bas€ or floor of aD eDclosedtarea sbal1 be coDsidereA above-grade aad Dot astructurets baseneDt or lowest floor if: 1) th6 eDclosedtar€a is above-grade oD at least oDe side of thestructurai 2) is designed to iDterDally flood and iscoDEtructed yitb flood resistaDt naterialst and 3) isused soIely for parking of vehicles, building access or 6 atorage. Tbe above-Dot€d alterlatlv€ €levation Detbodlsare subj€ct to th6 folloriag additioual statrdlarals: a.Desigo aDd certificatioa - !fh6 atructurer s design.rnd as-buift coaditioa Dust be certl.fied by a rsgl,steraal prof€s3lolal eagineer or arcbitect asbalag la coupliaace ritb the geleral design staDdards of tbe Stat€ Butldiag coal6 aDdl,apeclfically, tbat all 616ctrica1, heatiug,veatl,latl.oa, ptrubl.ag aad al.r coadltioaing equlpneat lna othor senrl.ce facllltles Dust be ator aboyo tbe Regrulrtory Flood ProtectioD Elevationor be desigrled to prevetrt flood uater floE eateriDgor accu[ulatiDg vlthitl tbese conpoDents during tiDes of floodiag. apecific Stanalards for lbove-graAe, EDclosed Areas - Above-grade, fully eDclosed areas such as crawl spac€s or tuck under garages nust be aesigDed tointernally flood ald tbe deslgn plaDs Duststipulat6: 1. Th6 niniDull area of openlags iD tbe ralls shere iaterDal fl.oodirg is to be used as atlood proofiug technique. wben openLags areplaced ir a structurer s ralls to provide foreatry of flood raters to equalLze pressures, tbe bottoE of aII opeaings aball be ao higher thaD oDe-foot above grad6. openings nay be equipped rith screens, 1ouv6rs, valv€s, or otber coverlngs or alevices provided that theypernlt tbe autoDatic entry aad exit of flood waters. 2.fhat the enclosed area will be desigDed offlood resistant naterials in accordaDce withtbe aP-3 or FP-{ classificatioas ia the Etate BuilaliDg Codle aDd sball be useal solely forbullding accBss, parkiDg of vehicles or storage. (2) Residential basenents. Residential basements below theflood protection elevation nay be authorized if they areflood-proofed to FP-1 classification in accordance withthe Uniforn Bullding Code as adopted and amended by thecity. ResideDtial basenent coDstructioD shall trot be alloyedl beloy the reglrlatory flood protectioa alevation. (3) Nonresidential structures. CoDmercial, manufacturing andindustriaL structures sha1l ordinarily be el.evated onfill so that their first floor (including basernent) is above the regulatory flood protection elevation but nay 7 b. in special circurnstances be dry flood-proofed in accordance uith the state building code. Structures thatare not elevated to above the reg.ulatory flood protectionelevation shall be dry flood-proofed to FP-1 or Fp-2classification as defined by the Uniforn Building Code asadopted and anended by the city and this shatl requirenaklag the Btructure yat€rtLght ylth the uallssubstaatl.ally inper:ueabla to the Irassago of watar andyitb atructulal conpoD€Dt3 bavl.rg th6 capability ofresisting hydrostatic urat bydroA!,Dalic loads aDd theeffects of buoyaDcy. Structures floodl proof€al to theFP-3 or FP-a classificatloa gball Dot be per:nittedt.Structures flood-proofed to FP-3 or FP-4 classificationshall not be pernitted. Tbe cumulative placenent of fillshere at aDy oDe tine il excess of oDe-tbousand (1rOOO)cubic yards of flII is located oD the parcel shalI beallorabIe oDIy as a coDalitioDal use, uDless said fill isspeciflcally iatenatedl to elevate a structure inaccordaDce sitb SectioD 5.21 of tbis ordinaace. Thestorage of aDy naterials or equipneut sha1l b6 €IevatealoD fill to the Rogulatory Flood protection ElevatLon. (l) As aD alternative to elevatioa oD filI, accesrsorystructures that coDstltut€ a Dininal lDvestEeDt and thatdo Dot exceeal 500 square f€€t for tbe outside dimensionat grouDd level nay b€ interaally flood proofedl inaccordaDce with AactioD 2O-3OZ (1). (s) Sec. 20-378. ResidentiaL uses. Fill shall b6 proparly conpacted anat tb€ slopes sha1l beproperly protected by tbe us€ of liprap, vegetativa coveror othe! acc€ptrble uethoal. Ths Foderal EnergeDcyltanageDeDt AgsDcy (FEuA, ba8 establish6dt criteria foirenoviag tbe speclal flooA hazard ar€a atesigDatioD forcertal.a structurea propsrly ol€vated oD fi1l above the100-year flooal elevatl.oa - ?EUAra requireneatsincorporate speclfic fill conpactioa aud side slopeprotection strr.drrds for nulti-structure or nulti-lotdevelopneDts. Tbese staDdards should be investigatedprior to the i[itlation of site preparatioD if a cf,angeof 8[recial flood bazaril E!6a dlesl.gaation wlll ferequested. Residences that do not have vehicular access at or above anelevation not more than two (2) feet below the reg"ulatory floodprotection eLevation shall not be permitted unless grJnted ay?rlanc9. In granting a variance the city shal1 specifylimitations on the period of use or occupancy of the residencL. Ifa variance to this re-quir€DeDt Ls granted, the aoard of AdtjustneDtnust specify linitations oD the period of use or occupancy of thestructure for tines of floodl.Dg aDd oaly after detercrnining that 8 adlequate flood yaraing tl.ue aDd local flood enorgeDcy Eesponse procedures erist. Sec. 20-379. CoEmercial uses. Accessory land uses, such as yards, railroad tracks andparking lots may be at elevations lower than the regulatory floodprotection elevation. However, a pernit for such facilities to be used by the eroployees or the general public shall not be granted inthe absence of a flood warning system that provides adequate tinefor evacuation if the area would 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. uanufacturing and industrial uses. Measures shall be taken to ninirnize interference with normalplant operations especially along streans having protracted flooddurations. certain accessory land uses such as yards and parkinglots may be at lower elevations subject to require:nents set forth above. fn considering pennit applications, due consideration shall be giwen to needs of an industry who business requires that it be located in flood plain areas. Sec. 20-381-20-400. Reserved. 9 STATE OFh0h0trs@TA DEPARTMENT OF NATURAL RESOURCES January 3, 1991 I J,1iJ C4 isSi ClTr ur ilofurn 01 sen, Senior Planner City of Chanhassen 690 Coulter Dr., P.0. Box 147 Chanhassen, I'lN 55317 Dear l4s. 0l sen : STATE APPROVAL OF DRAFT FLOODPLAIN ORDINANCE REVISIONS This approval is vaiid upon receipt of three (3) certified, signed c adopted version and a completed copy of the Ordinance Certification(attached) by Area Hydrologist Ceil Strauss located at the following DNR-Division of lfaters 1200 l{arner Road St. Paul , MN 55106 rcL?l 772-7914 wl ,r" rr r^;!EN The Department of l'latural Resources has completed its review of the draft ordinance revisions the City of Chanhassen is considering for adoption. ordinance was entitled FIood Plain ordinance. 0n tha Sta behtt nda The ies of the eckl i st ddress: alf of the Commissioner of t'latural Resources, I am pleased to infonn you he draft ordinance has been found to be in compliance with "Statewide rds and Criteria for iilanagement of Floodplain Areas of Minnesota," Ilinnesota Regulations, Parts 6120.5000 to 6120.6200. Therefore, in accordancewith Minnesota Statutes, Section 103F, I hereby conditionally certify state approval of the above cited draft ordinance revisions. op ch a Any changes of the subject draft ordinance prior to adoption must be approved bythis agency prior to adoption before they can be considered valid. Also be advised that any future amendments of this ordinance or change in the designation of flood prone areas requires prlor approval of the Cormissioner. Note that you are required to send coples of hearing notices and final decisions relating to variances and conditionai use permits relating to this ordinance to the Department. Please send these directly to Area Hydrologist Ceil Strauss and rely on her for assistance in administering your ordinance. r9!n AN EOUAL OPPORTUNITY EMPLOYEB Drn rNponurl|or,r 500 LAFAYETTE ROAD . ST. PAUL, MINNESOTA o 55155-40_ (612)2s157 Since your administration of a floodplain zoning ordinance is a pre-requisite of your eiigibil ity in the National flood Insurance Program, a certified copy of the adopied ordinance will be sent by this office to the Federal Emergency lilanagement Agency. Your cooperation and initiative in providin through the administration of this ordinanc Sincerely, g for the reduction in flood damage e is greatly apprec i ated. Page Two DIV IS I ON I.IATERS Ron a 'ld D. Perni t s and Land U RH/BA:fw. Admi n i strator se Section cc John Stine, Regional Hydrol ogi st Ceil Strauss , Area Hydrologist Terry Reuss-Birman, FEI'IA PI=ure 9L"J cof/ of leltd C4ect /,sl-qo^f *-,o e 1 lry olro I ogrl\ I 2 ORDINANCE CERTTFICATION CIIECKLIST Please sign.andreturn the checklist and all required documents to the Dow areahydrologist's office when completed. Date of ordinance adoption. If ordinanqgis published in entirery, date and afEdavit of newsoaoer publication of adopted ordinince. (Include 3 copies.) If only ordinance summary published, date and atEdavit of news-piper publication of ordinance titk! and summary along with cenified copy of adopted ordinance in its entirety lnd zoning map from Clerk/Auditoi. (Include 3 copies.) page numbcr). 3i:$rXt"fjutment/Appeals has be e n 'Note: cities under charter must also submit a list of any additional reouirementsfor hearings, notices etc. stared in their chaner. please siecify: 3 6 8 Signature of erlvAudrtor Date of published hcaring notice . Date of postmark of hearing notice to Commisiioner of thc Depaiment of Natural Resources/arca hydrologist. Date of hearing(s). 4. 5. 7. STATE OFh0h0trs@TA DEPARTMENT OF NATURAL RESOURCES oNR rNFonMAfloN 500 IAFAYETTE ROAD. ST. PAUL, MINNESOTA. 55155-40- (612) 2956157 Novetober 3, 1989 1@2-.-.-.- lm{NEsor^ \r'. l,m The Honorable lon Hanilton l,layor, City of Chanhassen 590 Coulter Dr. Chanhassen, l,I}{ 55317 Thank you for the tine that paul t(rauss, JoAnn Olsen, Dave Hempeland Shatnin Al-Jeff spent with Ceil Strauss and Judy Boudreau onoctober 13, 1989 to discuss flood plain DanageDent in the City ofChanhassen. The neeting was conducted by our staff on behalf ofthe Federal Ebergency t{anageDent Agency (FEHA) in considerationof your county, s continued participation in the Iational FloodInsurance Progra! (NFIP). During the course of the neetlng, eeveral topics were discussed,three of which require folLou-up actl.on by the Clty as describedbelow: Dear l.layor Hanilton: NATIONAL FLOD IISURA!{CE PROGRAI{, ColottilrTy ASSESST{ENT VISIT AN EOUAL OPPORTUNITY EMPLOYEF RECE'YED Noy B 0 1990 CIl I9I L:I'ANHASSEN Your Floodplain ordinance i.s non-coupliant due to 1986changes to federal requirenents of the NFfp. A copy of theuodel ordlnance uas provided to Ua. Olsen and tr{r. Krauss fortheir use. We strongly recoDnend that you adopt this Eodelsince it is coupliant with a1l gtate and federll floodplainregulatlons. If the clty prefers to anend the existlngordinance re sould have to revlew it nore closely to be surethere are no oulssions. Area Hydrologist celL Strauss isavallable to assist the city In this process. Althoughstate regulations allow 6 Donths to aDend your ordinance,federal regulations only allow 90 days for anenduents tonon-conpliant ordlnances. This deadline riII occur onJanualy 10, 1990. It is suggested that you attelpt to neetthe federal deadline in order to avoid any possible Eanc-tions inposed by FEx.lA. Because Btate lar also requirea thata propoeed l.ocal. ordinance be reviesed and approvCd 30 daysprior to adoption, please send any drafts being conelderedfor adoptlon to t{s. Strauss by DeceDber 11, 1989. Uayor ToD Hauilton Page 2 Second, froa our discussion, lt becaue apparent that theCity does not have the.fot s and proceduile for recording,inspectlng and certifying elevatlons of the lowest floor-ofperroitted structures. During the neeting we provided aanpleforns nhich can be used ln their entlrety or -in part, as - needed.. They are helpful in that, once Lhe propir tioJaprotection elevation has been deteralned for- a lartlcularsite, that eLevation can be specifled on the Uuitaingperrit. After the atructure is bui1t, the aB-built - elevation should be certlfied ln accordance with yourordinance before a certificato o! occupancy or zoirlngcorpliance 1s issued. Please have thii sy-steu, or oieeiuilar to it, iDplenented by Januarl- 10, 1990. Fina11y, se discovered that City Staff dld not reference theFlood Boundary and Flooduay Uap (FBFW) for the Chanlakes 5thAddition developDent adjacent Rl1ey Creek. The resultantf111 in- the.vicinity of park place (see attached sketch) hasencroached ln the floodray, and a conditlonal use pernitshould have been requlred in accordance rlth sectt6n 4.2 ofyour Flood Plain t{anageBent Ordlnance (No. 68). purther,your standards for Flooduay Condltlonal UBes (Section l.iZ; ' state. that rany_ fill deposited ln the floodray shall be nonore than the ninlnuro anount necessary to conduct a -Conditional Use listed in Sectlon 4.2-. le.g. open spaceuses, lJravel extraction, rallroad and siorige |arasletc.l.i. The uajor difficulties are that the ii11 inpact isunknown, and that, according to your ordinance, this - particular section of fill nay onfy be developed asindicated above. A Dechanl,sD €xists to reredy thle altuatlon. Fro! ourobsenration, the area fllled doea not appear to be necessaryfor.conveyalce 9q the l00-year flood dllEtrarge. Inadditlon, the Rlley-purgatory-Bluf f Creek t{a€ershed Distrlctapparently did not feel that the lllllng ua8 detrirental toother developuelt ln the vlclnity. Before allowing anyfurther industrlal, comercial or office developueit o? ttrissite, houever, lt is.eseentlal to analyze the fiU lnpact-.ff,- aa.8uapected, thls portion of the iloodray can be lllled !+!hout lncreasing potentiaMood darnageB or Btages, theclty uould then request a I€tter of uap-Revlsion [foim1 erornFEtdA. lrc recoDDend that the City reque3t asslgtance fiontlre watsrahed district engineer ln thle procesa. DIIR lsavailable for guidance as u€Il. In thaC th€ developar, aintent 18 to develop thls eite ln the near future, lerecoDnend that the Clty Btart thlr proceae Lunedl.ately, uitha subnittal to FEI{A by Febnrary 2, 1990. (Enc1osed wiin tfreStaff copy of this 1€tter is a publlcation by FErrtA uhlch isa gruide for requesting nap auendnents. ) &, Uayor Ton Hanilton Page 3 we are confident that the floodray f11.1 sas an unlntendedexclusion ln tlre Clty,s nornal revlew process, and are wll].ing toassist in reeolvlng the lssue. In additlon, because your staifindlcated an lnterest, ue are includlng ulth thelr copy of thisIetter, informatlon about a zoning softuare package developed andcurrently being tested by DNR. Trainlng for use of the BoftirareIri1l be incorporated into the shoreland trainlng sessions in thenear future. In closing, ue are pleased that the Clty staff ls anxious toresolve the floodrray fill issue, and that the Clty in general is concerned about floodplain [anagerent issues and ordinanceiEpletoentation. Should you have any questions relating toroutine floodplain ranagenent they should be dlrected to s. CeilStrauss at (512) 296-7523. If you or your staff have anyquestlons regarding thlE assessDent pleaae contact Judy Boudreauat (612) 296-9224 Sincerely, GJ.bson, Supenrisor Floodplain llanageDent PrograrD JG/JB cc: Terry Reuss-Birman, FEI{A CeiL Strausa, Area Hydrologlst John Llnc Stine, Reglonal Hydrologlst Paul KlauEa, Planninq Director (y/ enclosures) JoAnn olaen, sr. Planner iier:' FEltr-{ ru:'s,- nitl * bu c&.ctd to adopt a rps that_rp rcs 0ood insrarce studbs crilmanoate changes to ordinancc or amend its existing. o{t be done h ut*r"t". olu,' f,raii i-'. - ,. i ... . -.-.-:- tlanc. to tecottte _compliart with the technhal analysis wo* *n Ue sffttiarrv'- 'r'v''rp^'"" oev re8uhtioos. state raw alows a to emphasize- re,studic. ;d ;;pi;;ordinances community sh tDooths to a*nd its ctangis oa-exisi,i.oa*. bvJoeGibson,DNR ffii Hfi".:EP#T ;*eMJ#m.T. In Jub, f988 the Fedcral Emergency *".n4 $f zoning ordinarre as npiily thepast,"'NorU'-ntiorea.,.Tllb-n*a,s Mata-Sement Aeeocy ard dre Mho; T_$j!h to avoi, possibb feterit moie .Lr.uoity -.r.".sment visitssota Departmcnt of Nanrd Rcsorrces saDctbtrs. (CAV's) ad .o'j eert-;ffi;6'; complcted negotiations tlut Eill rcquire _1yj_30 countbs and 9t'x! crr- ;.". ihd .,ry ;t"- artgdnistratiroDost counties ard cities b Mirursoa rjnuy are in the process of adopting ++'*'"'es uc orrectca.,' 11 Tns€_ttEir 0oodplain zonbg ordi- uc oew' comg.liant hnguag€. Ivtanv are A cocm !(oucm thc Divbbo doarts. Thesc changes are oeeOea o stmpty rePealing their old ordinarrces Warcrs has rptin itt 6frEE of -nil!*g lool. AooapBf -zouhg ordinares Pdtuly "nd adogting the new modet in ile;;;r,ti, th. as&ih deqtirosiDto comdience rith changes ;n L6ar1 tts place. (n stnEtlr6 hli in tb. 0*Ohhjil;regutations whtb wctr: amranv crcc. srts TS, corrmunities revise and a;;.ry lrpor1a1i gaSe d *,teth.r ative in 1985. , . llffd:^h:^1o-Tg-ordinances perird- -r-rfuy E ;d+;dy adiiabrcrins. Thc negothtion process has rcsulted fdlr' we ercourage aoy h.Ft sinra- its or,Gce. G tt-t -t a t [Ein thc creation of a new s€t of ..model tion to consider uorrading thcir CAV prG, ttu _r_rrty i, ,o"ly0oodplain ordioances" for Minnesora- aogdplain ordinances .i tt *i" 6ll€: ;qrrir&- ;'ofii-.n r-trog"t .riFhr,i. , list of. major changes that Tbi: mav help reduce t"i18 .rd aE rLt*u.ffi* Fas hdh to tbchave.b-een included in the ievised ngtitr costs. Any comnurnity t tlrt ororr.t,d.---nodel ooodplain ordinarccs: sihstion should contact DNR 6r FEMA ' 6-thc '."uthcra U.S., FEMA hasl. The defaition of ,.basement', was aD-d. get a _copy of tle ncr9 rmdel bccn forcJto Oac.'s"rcnr coE ruai-expanded to inctude all bclow s"d. ::g::.t*:_Tpk"bL t9 r"5 *" "" ii"u.iiil-6, amre o certityare-as-encloscd on all foru sides. lo-T399_ fu *J or an3th.er all ordinancis ; o-;;."t ordinance vb 33,r#::ax,T#jlf,HHffi.,'i':ffi *H,,,#*H.In*r,mr,F5; T,"Htravel vehides. NFIP) tril be contactcd duriDS- tbe acnie"ca, trrci'co]irnrnitcs rill be3. Changes were made in the appli- next three years. _- _ suspenaed ftoa the MIp, 3,!-o1ot-1e1or av nooaprooftrg tiil- As alwavs, vour DNR Ar-ea Hydrol- iib6-tb.*-; 'mary compri:tcdni-ques for accessory suuctrucs and o6t or the Floodolah M-*g.r*t i""*;-t"LtJ 6- oo"cpr.h **sosubstantial improvement to primary Program staff in st. paut w l +.t.ppy ;;t, iA;rrri AS o6cia,ls muststructures. to provide assisunce aDd advice' i irii- t 'iltta fiJillL 66sr important ,.fu .t,ffi"j-:ihffi f"ixffi i*'5' fi ffi f,#rJfffi "'"i''r"*uil' ;,-u't- fi .,e properly elevated urd aachored. ill9l h". questions about youi 0md r. wiren reviewhg projcrt ptans and5. Changes were made o incorpo insurance rate Eaps, state or federal p...it ,ppri"iiioii you must firstrate specift enforcen€nt orocedures hvs and regulations or interpretatllns tediniffi; Hbroper f,ood profor-de.alhg with ordinance uiot"ti:*. - of your local ordinre. tectbn elevation is for tic site. . 6. Minor gramnutical changes werc Fr _ . . 2. when tt e uuiaing permit isatso incormrated to chrifv connrsing F loori insurance program issuea, ipociry- -on -li" p.r.ii';dilanffisehresultof tlisprocessisrr,,l empi.usii cir*rg"I"-in"-" "G,aio;il'd;tt irst uc ruat :::1yrly .d..r",r so"apr., -ffi isiio--'v v"E'.ve s' #*Jr:;ff-* 5XI So(uDan@s lD tnc state arc now mn- 1989 will be Darted by "Ner Bech- contractors may'be iavohed h thepmdiant wirh federar rcguratrr's. This nines" i, th.-N.urra ii-J-il.,ffi projecl. ' R-: it*1111?91"m but do, ? pant Program NFtr). 3. After the srucrrre b hdh. ,Itakc .:,|..r-il Y: also nc8oEated a sched- This message ras rehyed 1o gpX cerain that tbe as U,rtt ctc"aOgr, iuc ror reusmS loc'l ordinancrs ud staff _by Norbert Nort) 'sctrrarte at ccrti6ed h accordaa with yorr ordi-these revisions wtrl occur over a tluee- 9ur seltemuei i,.iiJiiiur?'iLf,i' t rr"" *r"r" " *IEte of occrpancyv91 time p:Pd.. FEMA agreed to this Noru is'ttre'b-ranJlilH"i"?ii* r"a".it or zoning corpliaa b irsrcd.strategr.crith the hope that a more e-rnerg.nci Manr;;;:;i;g;;,.- D" ttfft-yorlr.rrtry .t"ruthoroush upgrade process wiu be (FElrlr i";i;;'ifii;ililr?liiiai e*"".yr"ipii-r,,i*rr,tr,.r.a"nraccomplished. Branch r al,i;i;.- BrrrrgetiflafigJnitAgency. i---How will this process affect locat xoru saiJ, ;'ln -Minnesota, all com- Reprinted with pcrmission fromgovernrnents?IfDNRorFEMAsched: T*lr:j.-, trre rmerlinfrr"* "r rjiii'zi,ii, vjriiir!'e, rssuc. Falr,ules a community Assistance visit the .\FIP *rll u. ."ir"ri"a to the l9gg, Minnesou Depanment of liatu-(CAD in your community, tie comrnu- ReguJar Phase. L .;;; tjri. means ral Resources, Divisibn of waters. EFFECTS OF NON.PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM o Flood insurance will no longer be evrllable. Residcnts will not bc able to purchase a flood insurance policy. This effecr is imporunt since many private lenders are now requiring flood insurance fs1 l6ant th6y scculc whcn the property in question is in an identified flood he"ard area. o Federal grants or loans for buildings or proJects arc unavaihble in identified 0ood hazard areas. This includes all federal agencies such as HUD, FERG the Small Business Administration, EPA and others that may be applicable. o Federal disaster assistance cannot be provided in identified flood hazard areas. r Federal mortgage insurance will rol be avalhble for properties in the identified flood hazard areas. This includes the FI{A VA Farmers Home and others . o Restrictions can be placed on conventlonal loens in non-participating communitics since lenders are required to: Notifu buyen or lc.sees that a popeily is h a flootl lwaxl oea; od, Notifybuyen orlessees that poperty btldhasd anas is not eligiblefor Fefual disaster rclief when a disaster is dccbnd. o Actuarial rates for insurance will go into efiect regardless of whether or not a community participates in the program Without a local floodplain ordinance, insurance for unsafe and improper coostruction 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 Insurance Program at a later date. Some reasons a community may wish to re-enter the program are: Laryer shara of thc bcal mongqe mu*ct using FHA VA or Fanen Home for loans; Anew legblative body orthe change hphilaophics olan aistingbodynayrecryize the value of patbipating in the prcgran; The amrunity may desire to apply for afederal grwl or lmt tofuwtcc lual prcias; A major disaster may trigu the ftnancial need for disastu asisarce; and, Changes in lual politbal initiatives and platfoms. o The local governing body may be liable since not participating in the program: Denies the abiliry of ix' citizens to pruchase llod otd rcIatedwater donqe ircurance; and, Does not rcduce the risk ol lift andpropeqta fodingwhen authoritaive scienifu and kchnological data exisu to a,ssist corrurunitics h nmagingfladprcrc anas. Up to the prcsent time there hove been no cowt frndhgs or rulhgs addressing thir aped of non-puticipatbn Rcprins can be obtaioed ftom your Area Hydrologis or by coohaiag any f,oodplain "'"""geocat st"ff al (612) 29fi8m. Minncsota Departmcat of Naoral Rcsourccs-Divisioo of lYaters April, AE9. This docunent partially prepared through fuaai"g pro,idcd b5t Ttc Fcdcral Emergcncy Management Ageucy/Cooounity Assistaacc Program t 7 CITY OF EH[NH[ESEN 690 COULTER DRIVE' P.O. BOX 147' CHANHASSEN, MINNESOTA 55317 (512) 937-1900. FAX (612) 937-5739 MEMORANDT.]I{ TO: Planning Conmission FROM: DATE: SULT: Paul Krauss, Planning Director January 31, 1991 Arendnents to chapter 20 of the chanhassen Zoning Ordinance Pertaining to Appeals to Decisions of the Board of Adjustnent - Update lfemorandun PROPOSAL/SUIO,{ARY on Decenber 12th, the Planning coDmission first reviewed this zoning ordinance arnendment. The purpose of the amendment was to reduce the amount of days available to appeal Board of Adjustnent decisions fron 10 days to 4 days. This was being done in the interests of reducing the amount of time it took for an appeal of Board decisions to go to the city council for hearing and also to decrease the amount of time that an applicant has to r'rait on construction after the Board approves a variance. As noted above, at the present tine there is a 10 working day appeal.period. The proposal is to lower this to 4 working days which will aIIow any ippLal received to be placed on the next available city council aqenda which qenerally results in a 2 week tine span. The 10 working day requirernent could result in up to a nonthrs delay for the applicant. fn our previous report, staff noted that we have rarely received appeals from the general public regarding variance requests and wirln these appeals have been received, they have either been voiced at the soard of Adjustnent meeting itsel-f or in a very short period tine thereafter. It is our belief that the reduction of the anount of days available to appeal the action is unlikely to prevent val-id appeals froro being nade ln tine. The Board of Adjustrnent reviewed this proposal at one of their meetings and supported the concept. When this item was brought before the PLanning Conuaission, concerns were raised regarding a change in tanguage pertaining to who is able to fite an- appeal. The original language drafted by the city Attorney indicated that appeals to the decision could be nade by a city council rnenber, applicant or any person owning property within 5oo feet. Language that fornally stated that any person aggrieved Planning Conmission zOA - Board of Adjustnent Appeal January 3l-, 1991 Page 2 by the action also had authority to appeal had been deleted. TheCity Attorney has revised the current draft to include the original language which would allow any person aggrieved by the action to make an appeal . He indicates that he deleted this originally sincehe felt it would prevent cornmunity gadflies from appealing adecision in which they have no personal interest. Hopefully, therevised language responds to the concerns raised by the PLanning Commission. STAFF RECOMMENDATION Staff recomnends that the Planning Comnission recommend approval ofthe amendrnent to the Zoning Ordinance, Section 20-29 dealing with appeals from decisions of the Board of Adjustnents be approved. CAMPBELL, KNUTSON, SCOTT & FUCHS, PA. Anorrrls at Law Thomas J. Camptell Roger N. Knutsrm Thomas M. Scott Gary G. Fuchs James R Vlalston Elliott B Knetsch Cregory D Leuis Dennis J. Unger l6tzl 456-9539 Fax (612) 456-9542 January 18, 1991 lilr. PauI Krauss Chanhassen City Ha11 690 Coulter Drive, Box 147 Chanhassen, l,linnesota 55317 Variances -Board of AdJustments Ordinance Anendnent Dear Paul: EncLosed is a redraft of the above ordinance. The 500 footlimitation rrhich I have deleted is in the existing ordinance. I assume that it ras intended to prevent conmunity gadflys froto appealing decisions in which they have no personal interest. Theexisting provision that t'the procedures governing appeal, to the Board shal1 al1 govern appeal to the City Council[ was deleted because the City Council, unlike the Board, does not hold a hearing. Very truly yours, LL KNUTSON, SCOTT P.A.r"u Roger N. Knutson RNK: STn Enclosure RE & t';i'-:. l,',;-ii ji,I'l 2Z i::r L)r I l: ul i'l iritriAsseN Yankee Square Office lll . Suite 202 . 3460 \Uashington Dive . Eagan, MN 55122 ll{ OADINAIICE lI,tElIDIl{G CEAP'IER 20 OF TEE CEANEIAAEII CITY CODE, TEE ZONIIIG oRDINAIICE, CONCERUIIIG Y:ARIINCEa The City Council of the City of Chanhassen ordains: Sectioa 1.section 20-29 (d,) of the Chanlrassen City Code is amended to read: (d) Appeal Fron DecisioDs of Boara. A City Council nember, the applicant, or any aggrieved person Day appeal such decision to the City Council by filing an appeal withthe Zoning Adninistrator lrithin four (4) days after the dateof the Boardrs decision. Section 2. This ordinance shal1 be effective inrnediatel v upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this _ day of , 19_. ATTEST: Don Ashuorth, Clerk/Uanager Donald J. Chmiel, Mayor (Published in the chanhassen Villager on 19 ) ro1 /18/91 CITY OF CIIANHASSEN CARVER AND IIENNEPIN COT'NTIES, UINNESOTA oRDTNANCE NO. _ CITY OF CHANHASSEN CARVER AND HENNEPIN COI'NTIES, UINNESOTA IIT ORDINAIICE il,IENDTXG CEA TER 20 Otr TEE CEANEASEEII CITY CODE, Tf,E ZOIIING oRDIIIANCE, CONCERIIING ITIRIIIICES The City Council of the City of Chanhassen ordains: Eection 1.section 20-29 (dl of the Chanhassen City Code is amended to read: (d) Appeal Prou Decisions of Board. A City council member, the applicant, or any person owning property orresiding within five hundred (500) feet of the property toIrhich a variance application relates, nay appeal suchdecision to the City Council by filing an appeal with theZoning Administrator within four (4) days after the date ofthe Boardrs decision. Section 2. This ordinance shall be effective innediatel v upon its passage and publication, PASSED AND ADOPTED by the Chanhassen City Council this _ day of , L9-. ATTEST: Don Ashworth, Clerk/Manager DonaLd J. chn Le 1 , lilayor (Published in the Chanhassen Villager on L9 ORDINANCE NO. 11/02/eo CITY OF EH[NH[EEEN 590 COULTER DRIVE. PO. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 i. t;ut h.':"f II{EI,TORANDt,!,I TO: Planning Commission PROlit: DATE: SUBJ : Sharnin A1-Jaff, Planner I December 3, L990 /7 - tL'7 o Zoning Ordinance Amendnent to Amend Section 2O-29(d),Appeal fron Decisions of the Board of Adjustnents and Appeal s currentl-y, the Zoning ordinance al1ows anybody who is aggrieved bythe approval of a variance to appeal the decision of the Board ofAdjustnents and Appeal,s to the City Council by filinq an appealwith the Zoning Administrator within Lo days after the date of the Board decision. The applicant would then have to appear in frontof the City Council. This procedure srould cause a delay of onemonth. If the tirne period to appeal decision of the Board was changed fron 10 days to 4 days, the del,ay for the applicant wouldonly be two weeks as staff would be abl,e to schedule the hearing onthe foIlowing city council agenda, The existing 10 day periodrequirernent is not established under state statutes but is arequirement of the Zoning Ordinance. We bel,ieve the 4 day waitsti1l provides ample opportunity for appealing Board decisions.Pl-anning staff has discussed this issue with the Board of Adj ustments and Appeals and the Board vras very receptive of thj-s amendment. RECOMMENDATION Staff is reconmending that Section 20-29 (d)the appeal time period fron 10 days to Attachrnent #3. t 2 3 be arnended to change4 days as shovrn on ATTACHMENTS Memo fron Don Ash!,rorth dated Novenber 1, 1990.current ordinance. Proposed Zoning Ordinance Arnendment. - r. -s_- 7?- EH[NH[SSEN 590 COULTER DRIVE. PO. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900 . FAX (612) 937-5739 MEMORANDUM TO: Paul Krauss, Planning Director FROM: Oon Ashworth, City Manager DATE: November 1, 1990 SUBJ: Ten Day Appeal Period, Board of Adjustmems and Appeals The ten day requirement is not estauished under state statute, but is solely encompassed in our local ordinance. Roger suggested changing such to four days as every appeal that we have ever had has always come on the night that the item is considered by the Board. The four day allowance would mean that Karen would know by Friday whether to publish in the lollowing week's edition of the Villager. This would mean that the applicant could be heard by the City Council within two weeks of being heard by the Board. Roger is also suggesting lhat the Board of Adiustment items not be shown on the City Council agenda on the evening heard by the Board of Adlustments and Appeals, brlt only be shown on Council agendas after the appeal has been received. A draft ordinance amendment addressing those issues ls being prepared and will be lorwarded to your oflice as soon as possible. I will assume that you will be presenting this to both the Board and Council as a planning henl CITY OF Pursuant to my discussion with you and Jo Ann, I have contacted Roger Knutson regarding the Board ol Review appeal time frame/ process. Our discussion revealed that an applicant applying in late September would not have, through the public hearing/ advertisemenl requirement process, had that application considered until the November 19th Board meeting date. With the appeal process currently equalling len working days, the applicant would be delayed 1o December 3rd. lf the protest were received on December 3rd, such would be given to Karen for publication. ln this instance, submitting such on December 9th for publication on December 14th would be of no avail as December 10th would have already occurred. Accordingly, Karen would instead submit for publication on January 4th, puuish January gth, for consideration on January 14th - all of which producing a significant delay for an applicant who had originally started the process in late September (a 3 month wait not considering improbable winter construction for his new addition). My guess is that the applicanl would rather have wafted the 3-4 hours on Novembe|lgth to know that he could or could not build his addition. f* t* 3I!t ----ZIONING | ?r!29 (b) Hearing. Upon the fiIiag of aa appe.al or applicatiou for variance, thg 2sning adoiuis" Eator shall 8et a time and place for a heariag before t.be board of adjustmeats aad a;4rcale on such appeal or application, which hariag shall be held within thi*y (30) &ys after tle Gli''g of said appeal or application. At the heariag the board shall hear such persoas ae wish to be heard, either in person or by attorney or agent. Notice ofsuch hearing ahall be rnriled not less than ten (10) days before the ilate of heariag to tbe peraoa who 6led the appeal or applicatiol for variance, a.ud, il the cage of aa applicatioa for variauce, to each owner ofpnperty situatcd wholly or partially rithin five huuilred (500) feet of the property to shich the variaace applicatioa relates. lte aames aad adilreseee of such orDers ahall be detemiued by the . zoning ad"'ini<tr'ator froE records provided by the applicant. {c) Decrsr,ons of the furd lte board shall be empowered to decide appeals and graat - variances oaly whea the decisioa of the boad is by a rrnalirnggs e6{p. I simple nejority vote or split vote by the board ehall serve ouly as a recoumeuilatiou to the city couacil, *ho shall then make the fiaal deteroiaation on the appeal or variance tequest yithin t[fuf5r (gQ) {6y6 after receipt of the board's actiou. Thg boqtd altall sct upoa all appeals aad varianoe lequests glthin fiftsgn (lg) days after the ilate of the cloee of tbe required heariag. ;K Q) Appeal fmm &citbtu of boqd. Any peraoa aggrieved by ary decisioa of the board" iDcluaing the applicant or any pereoa owairy property or'resirting rithia five hurrilreil (500) feet of the property to which a variaace applicatioa rclates, may appeal such decisioD to the city couacil by filing aa appeal with tbe zoaiag adr;i"istrator withia teo (10) &ye aftcr the d8t€ of the board'g decisioa. the goyeraiDg apFels to the boerd shall also govern appeals to the city council. (e) buncil octbr 8y Eqiuitr vote, tte ci$ cotncil Eay rrE er, afErm c rnodifr, wholly or partly, the decisioa appealeil from the boar4 ead to that eud the city Golllcil shdl have all the powen d the boalil lte council ahall deide aII appeals wit,bi! tbirty (80) &ya after the date of the rcquireal herrilg tLec€@- (f) Acrbn witloul decbbtl- If ao ibcigioa is trarsmittait by the board to tLe city couDcil sithia sirty (60) &ya hom the &te aa epped c variaace rcqueet ia fild vith the louiry ailmiaistrator, the couacil may tate actioa ou the requeal in aocorrdance with the f,r,oTdurea governiDg the boar4 without firther awaiting the board'g d€cisi@- (H. No.80, Art. IU, t 1(&r-{OH0, o)), 121ffi) State law refercnce-Appeds aad adjugheats, MS. ! 462.857, alb& 6. 1159 ( (2) To hear reguests for variauces from tbe provisions ofthe chapter. (Ord. No.80, Art. Itr, I 1, U-r5€'6) &^stc law reference-Board of adjustmeat and appeals, M.S. ! {62.354, subd. 2, . Eec. 2XL29. Variancea generally ald epje.als. (a) Forr4' fee Appeals aDd appticatioDs for variances Bhall be fiIed with the mning administrator on prescribed forms. A fee, as egtablished by the city cou.ncil, rhall be paid upoa the frling ofaa application. The board of a{iustneats and appeals may waive the application fee in uausual circuJostaDces. ( I Thomas J. Camptell Roger N. Knutson Thomas M. Scotr Garl G. Fuchs James R Walston Elliott B. Knetsch Gregory D. Lewis Dennis J. Unger CAMPBELL, KNUTSON,& FUCHS, P.A. Attomels at Larv Novenber 2, L99O TiF.EFUED N0v" 0 5 1990 t-.tt; wr vnAI{FIASSEN (6121 456-9519 Fax (612) 456-9542 / - 4tl.-l--t ,j {,tL- -* A nt 2 Ur. Don Ashworth chanhassen City Hal1 690 Coulter Drive, Box 147 Chanhassen, Uinnesota 5S317 ^a.r^.''--J.^ / J;tc-sr,,,.t. RE: Variances -Appeal fron Decisions of Board Dear Don: Enclosed please find ordinance auending the city codeconcerning appeal fron decisions of the Boa;d on variances. Very truly yours, CA}IP LL soN SCOTT Roger N. Knutson RNK: srn Enclosure cc: Paul Krauss Yankee Square Office lll . Suite 202 . 3460 \Uashington Drive . Eagan, MN 55122 CITY OF CIIANIIAS SEN CARVER AND HENNEPIN COT'NTIES, I,TINNESOTA ORDINANCE NO. ItI ORDIIIINCE IIiEIIDITG CEA?,ITER 2 O OI IIEE CEAIIEASSEX CrTY CoDE, |l88 'OXINGoRDINANCE, COIICERIIIXC VaRIiltCES The City Councll of the City of Chanhassen ordains: S.ctlop 1. Section 20-29 (dl of the Chanhassen Clty Code ls anended to read: SectioD 2. This ordinance shall be effective innediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this _ day of , 19_. ATTEST: Don Ashworth, Clerk/l{anager Donald J. chniel, uayor 19 11/02/90 (d) lpp.a1 FloD DeciBl.oDs of Boaral. A City Council nenber, the applicant, or any person owning property orresiding within five hundreal (500) feet of the property to which a variance application relates, nay appeal 6uchdecision to the City Council by filing an appeal with the Zoning Adninistrator within four (4) days after the date ofthe Board's decision. (Published in the Chanhassen Villager on ) CHANHASSEN PLANNING COI.I}IISSION REGULAR I,IEETTNG DECET,TBER 12, L99O The Planning Commission held interviews for Planning Commission candidatesprior to the regular PIanning Commission meeting. Chairman Conrad called the meeting to order at 8:45 p.m.. COilHISSION I{E}TBERS PRESENT: Ladd Conrad, Tim Erhart, Steve Emmings, Annette ELlson, Brian BatzIi and Joan Ahrens COHHISSION HEHBERS ABSENT: Jim tlildermuth STAFF PRESENT: PauI Krauss, Planning Director and Jo Ann Olsen, Senior Planner PUBLIC HEARING: ZONING ORDINANCE A].IENDMENT TO AHEND SECTION 20-29(d). CONCERNING APPEALS FROH DECISIONS OF THE BOARD OF ADJUST}IENTS ON VARIANCES- Paul Krauss presented the staff report on this item. Conrad: TelI us about the down side of the 10 dourn to 4? tlhat's thenegative for somebody who would want to make? EIIson: For the applicant probably? conrad: Yeah, for the applicant. In 10can't do in 4 days? days what could they do that they Krauss: There is no down side for the applicant. It's an upside for theapplicanL. The applicant does not, currently r.rhen we have a variance, it'sapproved by the Board of Adjustment. 1.,e write them a letter saying thatyour variance uas approved on Monday night, it's not good until 2 weeks have passed and if anybody at any time gives us a letter of concernrequesting Lhat it be heard, then we have to schedule iL for the nextCouncil meeti ng. Conrad: That anybody would be, people that disagreed so we're going togive them 4 days to make an appeal? Krauss: Right. And most of the time you get it the next morning becausethey were there the evening the variance was approved. Batzlii Is it published or something within the 10 day period? Krauss: No. No, no. But variances are published beforethe Board and we do send out mail notice. they're heard by Batzli: okay, but after the Board of Adjustments and Appeals makes theirdecision, nothing happens like publication or some!hing to give people anadditional time period to see that and come in and be able- EIIson: tlhat percent do get appealed? PIanni ng December Commiss ion1?, 7990 - Heet i ng Page 2 Krauss: Not very many actually. There was a problem where Councilman Boyt appealed virtually every one of them to the City Council so it got veryclunky. I mean it sort of circumvented frankly the Board of Adjustment. The Board of Adjustments is the final court if you r.,ill on these things. Ifthey approve it or deny it and the only way it goes to the City Council isif there's an appeal . Ellson: Doesn't that have to be done by the applicant? Krauss: No. It's anybody aggrieved by the decision- Ahrens: l.lhy did he do that? Ellson: He didn't agree with it. Krauss: He often disagreed. OIsen: tlhen they approved he would disagree. Krauss: Nor., keep in mind that the Board of Adjustments can only approvelhings unanimously so it made it tough. We had people who had to sit inthe audience from 6:00 p.m. to 11:3O just to hear BiII's issue and usuallythere was nobody aggrieved by the decision. Nou if there are people thatare Iegitimately concerned and sure, Bill oas legitimately concerned itjust circumvented the procedure. Conrad: l.lhat does it take to register an appeal? Krauss: AII you have to do is tell us. tle prcfer to get a note in saying I r.rish to appeal a decision. writinL Conrad: So the process is relatively simple? So b,e're going from 10 days down to 4. The person still has a simple process to go by? Kr auss :Yes . Okay.Conrad: Emmings: Can Iby the Board of ask, number Ad jus tme nts one . and I Krauss: Right. decision. In that case the applicant states I uish to appeal the Emmings: Alright. Now if I don't appeal. If I'm turned down and I don'tappeal, I could always come back and ask for it again. Alright, uhateverbut I get another shot. Now if I'm a neishbor and I don't like thegranting of a variance and I want to appeal that to the Cily Council andI blox the 4 day time limit, that's it forever. I can n6ver come back r ight? Krauss: That's true. If I'm the applicant and I'm turned doun r.,anL to rppeal to the City Council. Emmings: 4 r ights are , days is real I might want fast .to 9o If I'm a neighbor and I wonder what mytalk to my attorney. Maybe I'm not around. Planning December Commission Heet i ng 72, 7990 - Page 3 Krauss: It all gets appealed to the City Council. Emmings: Yeah. So if you look at. (d), ttre last sentence in (d). It saysthe procedure governing appeals to the board shall also govern appeals tothe City Council. t^lhat the heII does that mean? Batzli: ft's not Emmings: Oh, am Batzli: Yeah. Emmings: oh, I'm in the new one is I reading the old it? o ne? sorry. t^lhere is Lhe neb, one? I missed it then- BaLzIi: Last Page . okay.Emm i nss: 0h ,problem. l.Jell that takes care of that concern but the same Batzli: They have changed it to go from any person who is aggrieved by thedecision of the Board and they eliminated that. They've limited it now toyou have to be a City Council member, the applicant, or own property within 5OO feet. So they've limited uho can appeal. Emmings: I don't have any problem with the 4 days for the applicant, or even for the City Council member. I guess I worry a little about the 4 days for the people who are neighbors and I guess I'd also, there's more Ianguage in here talking about appeals to the Board. Let's see. ft says upon the filins of an appeal or an application for the variance. This isin (b). The zoning administrator sets a time and place for a hearing before the Board of Adjustments on the appeal . It just should be on the application. That idea kind of runs through here. I sau it a feu places and that probably ought to be cleaned up. Olsen: ...I think u,hat was done with that is that there's an applicationfor a variance to the zoning ordinance and an appeal to the interpretationof the ordi nance . Emmings: To the City Council? Olsen: No. An appeal to the interpretation of the ordinance. Batzli: To the Board of. . . Four days is real fast to lose what could be a very, something, a very valuable right. I guess my thought when I read this, and maybe this isjust too cumbersome, would be to have, well it probably wouldn't Hork because you've got 2 classes of people. I uas wondering if there could be an expedited procedure where if you get your appeal in within 4 days, you get rewarded by geLting heard early by the City Council and if you don't, then i! just takes longer because 4 days scared me. It sounds real fas!- Haybe that's, I don't know. The other thing f uanted to ask about the ordinance as I read it is, it says appeals to the board and I didn't understand what gets appealed to the board. Planning Decembe r Commission!2, 7990 - Meet i ng Page 4 Olsen: Yeah, they're appealing staff's interpretation of Lhe ordinance. Emmi ngs : Alrisht, Batzli: Are we losing anything byprocedure governing appeals to theCity Counci l? Oh, so there are Lhings then that are appealed to the Board?that's what I was asking. I didn't know b,hat it would be. eliminating Board shal I sentence PauI? govern appeals t hat al so The to the Krauss: I honestly don't know. Batzli; And why did we change it fromof the Board to limit it to only thosefeet? Olsen: Krauss: Er hart : conrad: Erhart; beI ieve Batzli: UeII r think you do it. I don't mind thatthen I liked the new. ge ts of any person aggrieved by the decision peopLe ouning property wiLhin 5OO tJas that changed? It still says any person aggrieved including. No, the ne!{ one doesn't. That changes it substantially. Yeah, substantially. Unless there's a reason to do that. The original writing was very confusing because it made you that the...as you have it now certainly urould not be... Krauss: Yeah, I guess you know frankly I don't know why Roger deleted theperson aggrieved by the decision. I don't see any reason why ule shouldpreclude anybody who's got an .interest in an action from mentioning that and appealing it regardless of wheLher they're living uithin 5oo feet or noL - You might Nant to consider putting back in that aggrieved language. Krauss: You know I think too you need something to clarify. I mean I don't know how this would happen but it's not inconceiveable that if wejust say anybody could do it at any time, then ue'll just have somebody who's trying to be disruptive or delay a decision. There should be some kind of a standard. I mean I like the aggrieved language because it saysthat you have to have some credibility - You have to have an issue. Emmings: Some kind of interest that's being stepped on. Erhart: Yeah, but I don't see how 5oO feet has to do with anything. Emmings: Is that who you give notice to on a variance? Krauss: That's uho the notices, wanted to clarify that a City Council member canpart in there. I liked the old language better yes . that regard I guess -Emmi ngs: So it kind makes sense in Erhart: If you're going to do that, then you might as uell eliminate the City Council or anybody within 5OO feet to say any aggrieved person period. Planning De ce mber Commission l.leet i ng72, f99O - Page 5 t on a sign or something like that...as a developed the sign ordinance and I'd be Ellson: Yeah, but maybe if you guys denied andwith a simi lar situation... Batzli: So somebody r.rithin 5O2 feet can't do it Conrad: I'm noL comfortable with the 5OO feet. Ellson: l1e either. It could be someone h,ho has wants to go through this exact same thing after make sure. Erhart: A typical case would be we give nou, you're seeing someone then . a similar situation whothis person so they want to a variance to something downtown Planning Commission member uereal upset about it and I live 5 a beto appeal miles auay. Emmings: We talked about postinE property. Do we post property? l.tetalked about doing it and I can't remember Krauss: ].le approved it and I'm just on the verge of ordering the signs.I 've got an order . . . nou. Conrad: Okay, what are we going to do? Do we know the words we uant or do ure u,ant to send it back to RoEer for better wording? Batzli: I'd Like to table it so that staff can look at why ti-re languageuas changed and to come back with a recommendation. I think so far the consensus has been that r^re need broader ]anguage in there on the aggrievedpersons and f guess we don't knoul why the Iast sentence ulas or a.lasn't takenout . Conrad: Hakes sense to De. Erhart: I'IL move ue table. ElIson: I'I] second. Erhart moved, Ellson Bccondcd to table on the Zoning Ordinancc Amcndment to amend Section 20-29(d) for furthcr staff clarification. All votcd in favorand the motion carried unaninously. Emmings: I think 4 days is too fast. I'm probably going to vote againstit. Ahrens: I would think that if somebody lras that concerned aboutparticular issue, since the result of lhe decision isn't going topublished anyu,ay, that they would be right on top of it and readyif the decision didn't go their ulay. Emmings: Unless they oent skiing. That's real fast. Ahrens: Yeah, but they'd realize that if that issue uras of suchto them they would find out what the decision was. a concer n PIanni n9 December Comm ission72, 1990 - Meet i ng Page 6 Batzli: That assumes theyafter the fact. If you're in advance. Krauss: But a lot of timessaid I live 3/4 a mile awaycan't act? notice. Sometimes you hear aboutuithin 5OO feet, you may not know 9et not thi ngs about it Ahrens: There wouldn't be a natural inquiry anyway. you're asked to and nobody ever act on things where somebodytold me and does that say you Emmings: No. Krauss: post i ng CUP 's . t^lell I think the ordinance that was approved thoughfor variances. It Has for site plans, subdivisions, didn't require rezoni nas , Olsen: tle couId. . . Krauss: We could but it adds to the, you knou variances are kind of a and pop thing. I mean we're talking about residents that ask for these things that 9o before the Board. You deal with much more involved variances than the Board of AdjusLments. There's going to be a fee forof our signs and a damage deposit and they're going to have to installthemselves. Developers are quick to do Lhat. I'm not so certain that individual homeowner necessarily is. mom usF t hen an Emmings: I had to do that on my lot when I Iived in Hinneapolis. I had tc apply for a variance and had to post my lot and they had all kinds of fussy requirements and stuff and the signs blew down on a couple of days, and I don't know. It doesn't always work real well. I don't think. APPROVAL OF T,IINUTES: Krauss: Emmi ngs: Kr auss : BatzIi: changes. Do we have to do this anymore? No. Should I delete this from the I think it should be raised in l,Je just don 't have to vote on Any changes? I forgot to see agenda? case somebody wants to makeir- conrad:when the meeting closed. 8:55? I Krauss: People have about a week and a half 's notice bEfore it's ever heard by the board. Olsen: lt's never happened. I guess that's why we went uith the 4 days. -It's never happened. I mean anyone urho is aggrieved or whatever, is alwaysat the meeti ng. Emmings: I think posting the property h,iII help assure that that doesn't happen. I think Lhat's a better way of getting the people then anything eIse. 8 q"-,L CITY OF EH[NH[SSEN 690 COULTER DRIVE ' PO. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMOP"ANDT'U To: Planning Connission FROl,it: Paul Krauss , Planning Director DATE: February 1, 1991 SURT: Discussion of Rural Area Issues Tin Erhart and I will discuss rural area development issuesrelative to the new policies being developed by Metro Council. c The following itetns are, for the nost part, verbal presentations without substantial back up naterial. a, Joan Ahrens will update the Planning Commission on our discussions with the Park and Recreation Cornnission concerninga potential golf course in southern Chanhassen. b. I lrill update the Planning Cornrnission on recent discussions Ihave held rrith the U. S. Fish and Wild]ife Service and Minnesota DNR relative to the National Wildlife Refuge. The nelr draft Cornprehensive Plan envisions all Land lying south of Hwy. 1-69/212 ultiroately being incorporated into the refuge. The location nap of the area that !,ras developed last fall isattached for your review. In addition, discussion of this area is frequently focused on bluff line preservation. Staffhas been requested to conbine work on this area with thecreation of a bluff line preservation ordinance. Several ofyou indicated that Eden Prairie had an ordinance that accomplished a siniJ.ar goal. I have attached a copy of EdenPrairiets Slope cround Developnent Regulations for yourreview. I{y orrn belief is that whi}e this ordinance is wellintentioned, we could probably do a better job in terms of developing an ordinance that is nore focused on a specificenvironrnental concerns raised by the lilinnesota River bluffIine. l 5 r:.60 SlC. 11.50. SIDPID ctqrxD DEyIIDPtlrtl' AID t!,GUItttONS. 50 cubic y!rds PlOCUraDCnt Of Ci ty. Subd. l. Finatingr .nd pu!pot.. fhc Clty finds :h!rdcvrlopDant, arcavation. cr conrtruc!ioa on c"it!in slorereithi,n Bha CitI lry rriul: in :::? buildlng oa uastrDie sirrjc-tur"s, - incrcarc danga!g ot arosion lnd thrrrly Gndanla! ::rnrtu!rl c!r.ractar o! t:ra llnd, and jaoptrCirc r:!! ;eaj.:::,s.!!ty, and ealfrr! of thG citizan3 of tna City. Subd. 2. Dcfinitions. Thc lo:,loring tcr!s, .s .Jsrd in this Scclion, rhall iava tha nGrniliga slltcd! 1,. .Stccp Sloprr. - Slop.r ol oelr l:t lDd ofel.vation diflarencc ot 30' or Dra in a giyrn prlcrl. 2. 'Davclopianr' - Any atcteation in Grcast ofot aoil o! .ctieiry uhich fisst sGquirrs itr. building or l.nd tltaration prrEia tlon rsc Subd. 3. t eicu by pl.nnlng Corlirrion tnd Council,oi Dcvaloplcnt on St.ap Stopas. A. Dcv.lopllnt on Staap Slopca. No drv.lop-acnt slrlll br conductad on a ttcGp rlopa rithout tirst ctccrv-ing a parDit thalatot tso! the Counclt. Approval o! ralaclionof thc proporrd d.e.lopDcnr lhrll b. obralna.t ln !h. toiloringaannt! ! _ l. Applicttion. prior to .ny drvclopDrnton . 3tecp alop.. rn applic.tion for r p.rrlt .hrll b. atdc toth. City ublcb ahrll conrain . dctrikd pltn tor thc drvclop-.cnl rhicb fatt to! th:(r, th. tlr. trrtod 6uriD9 rhlch rh.plotoa.d d.ealopt nt lr to trt. placa. - (bl thc roll typ.r ,ilch ar! loundon thc rlt. ol lha davalopr.nt. - (cl I .rp 3horlng th. topogrlphy o!thc .r.r to br d.v.topcd. - (dl A rap 3houttrg rny .l!.ration inllr. - topo9rtphy lhrt rou!.d raault tso. th! p!opor.ddaetloplan !,. _ (!l I d.rcrlptloa ot th. toilgu.J,rty lo thc ar.. to bc d-ae"l,op.d- -includlng p.rr.abillty ot !1,. !9i1, rurc.prlbility ot rha -.oll to .!oitin. Crrinrgi oilh. torl, alrmnca ol th! rotl lro! unC.rlytrg bcdroct. -3ur- c.ptibil,-ity ot th. !oil to ch.n9.s ln phyiricil volur. rh.nrci3trn.d .ndlot during pcriods oa !rott.- - - (l) tnforaation 3tlatiyr to uhrghlrlh. propor.d - drvatop..nr uill c.ur. .adlor ba rff.ct.d 5y rnyalotion p!obla!3. (9) A datcrlptlon ol rny diaturb.nc.to va9atrtion and othar n.turt:, taacuror Cht! rrli rGau,l,t froErr I t ,59 (9-17-32) I 5l:.60 the CrvaloPtant ?!,ur tha. r'nn'r in rhlch thr 'PPlic::rt ?ro- iit.i - ti- pio..ct' v.9! !.a ion rnd otb'! nlturrl tcrture3 ::14' iri tt not b. Cirtutb.d.(h) A coPY ot 'Il 'P'cilict!rons'5lurprints lDd olh!r datailr't Pllns tot thc dcvcloPECnt' rit inforortion rGlltiec to l5c 'dr-ouac'r lor the 3lcge conditions lnd toi! typc of.:h! founi'::oir Iii-i"lli:i iie-nriit iar or .nv tstuclurc, rncludine roros' (ji 'Infornrtion tcl!trec to i::c 'cr-ouac'.' of contsol3 end pr-otcction 'ritting uP-hil'l f :o:! r:':r IIII;.J airiioonrcnt ohith r!. dctignad to gulld 3!lucE":r't or I;;:;;;;';.i;g- lltcct.ca uv ruc. uProoBld tr!!3 o! otlrrr Dat!!iaI3.(f) tn!orD'tion rGlltivr to tht ldlquacy o! constluction bd rny r'!rrntng e'lts in rxcclg of 30 lccE.(1f Suci olh'r info!!!tion 't "haPllnning ConDittion rhlli -trqulrt lsot lhr r-Pll^icrat crlhlr oiior-or rubraquant to thc initial treiGe ol th' proPotcd 'dcvcl,opncnt by th! Planning Cotoittion' 2- Th. Pl.aning ColDisslon 'nd lhG ?rtkt' Rcc!ar:ion and Nalurrl nG3outcas C'EEitlion 3h!ll r"elre 'ndiiii i iccoarorndltron to th. council at !o uhrth'! th' P'rnlt Shoul,d ba issuad or deniad.3. tba Council "y tbcn ruthorizr o! deny issurnc! ol lha Parri t. a. tha r.ei.Y by thc Plrnning CoEDis3ion rnd th. tinal a.clslon by thc council lhrll bG b'3!d on con- 3iatcrrtion ol tha lolloeing lrctotts(at lhsl,htr th. lPPllc'tion it coE- pl!t., rccutlt! ana ln ril' rerpcctr Gontolll rlth lttn I ol thi3 Subprra9raph l.tbl lhalhar, and th' d'9!" to rhlch. th. PloPoaait drvrlopr:nt rlll €roar rnd,/or ba rlftc:'d by lrosion Psobl'r'' rcl rhathar rny atrucGusat rrrctad rr prr! ot ttta davaloPlr;t rlll baY. ed-qurtc loundltion rnd unitcrrying Lt'!irl' latr rhrthar. anat th. degrGG Bo uhlch, th. davrloPrcnt rill rltas e.i.!r!lon, loPoglrPhy, ol 6tb'! nrturrl .rturrt "trllt '^t#'oar.r lrctorr r.t.tin' to rhelh.r !h. PloPot.d dcveldprtnd rlll cau3. rny slst ol hrrD to rnt' Frsoar, PloPrrty or aniaal!. 5. tt thG Councll d.ct'l'r to 'utlrotiscirtu.nc. o! r Ptr.it. lt rry do 30 aubiact to c-orPlirnca ulth rralonrbh eoniittonr rhi,ch-thall bG rPGci!icllly a.l to!lh ln thc parli!. such condi!ionr rry. lrong othrr 'lttcs3' ll!it ttr: iizc. lind or chllactcr of itc propored eorl, r'quitr thr conrtruction o! othar rtrueturtr.- riqurrr rGPlrcaDcnt ol 19-17-a2l !40 I I ,li.5o rraqtration or Other nrtural !trtu?a3, ctlablirh rcquilcd ooii:orinq ptocrdura3 and Eainlanance actieity,- at'9c :5Q iolr orii iinc. icquirr tho llt.lltion ol !h. ai:. datign tc cnsurc 5u!!rrin9, or-r.quira r prrtorranca Doad. 5. An rPPlIcan: shal: b'9in t|:a Yor{ .u!50!rzed uithln 5O ftrys frii th. d.t. ot ruthosi,.tron ot iii ls3Janc. ot llrt Pr;:!it unl.t3. Siffrr.nt d'tc tor tse ioirinc.atcnt o! thc rork i3 d.tignl!.d by :h! couacii' ?lre eoslicrnt 3hall coaglrtc the rorl aut:':or itcd rlthin lhe ttlnr iiiii-ipcctflid in 'thc PcrDit. should th. uotl nol 5" con- iinica is rD.cifi.d hercin, thc PerEi: shsll 5tco!' void; ?ro- ;;J;4, ho;;;ai,- ret i! Prior-to tt. d.t? ..trDlithcd tor coiiiiccr.nt o! th. vort, th. lpPliclDt llk's Yriat'n r'gur5t io irra Cooncil tos ln trgtntion-o! tiar !o contenc' the uor'( iitiing torth tb. raltonr tor th. rrguirGd 'rt'ntion' tbc Counci.! ]ry glant tuch attan3loa. 7. Notic. o! coEPI.tion' ln rPPlicltrt rh.l.l notifv th? Councit ln uritlag uhln hc h't finirh?d t5' iiii. "ii- "tti rr,irr u. dt.!.d !o-irv. b.cn couPl"ttd until i;;;;'J ii ,ritlng by sh. cltv Engin.Gr tolloui'ng ruch er itlrn not il icrtion. !. Gan.rlt Prov 13 iont 'l. t!rPonttbillly. Icithc! lh' isaulnc! o! . Paltlt nor coftirncc- rlth tha Gonalittont tirr'o!, nor uith ihc plovttioaa -o! thlt t.ctloa ahlll rall.vc any P'raon tioi eiy ri3pontlbilily oth.tvit! l!Po..al by l.u lot dr!'gc to E.!rona o! DsoDrrtv: nor 3balI tha ltaulnca of rny Parti't'rriiiona.r rirvi to' lrpo.. ll.billty on thc clty or itr ottic.rs o! riPloy..t tor Injury os CaElg. to Fltoal ot Plop-a;i;. in reer'ovri o! .n rP;liarlion l3lucd Purtu.nt to thi3 iciilon :teii no! s.ll.e. itir rppllcrnt ol tltt r.tPoltibility oi e-rpryrng rltli .ny o!h.t s.iltr.t.n! .tBbllth.d by l.r, rrguleiion or citlt cod. ?soeition. tourcG: Osatlnanc. Lo. t2-18ttl.ctiv. D.g.s t-l?-!2 (3.ctloar ll.6l lbrough ll.la' lnclutita. s.t.!vrd fot lutula arprnrion.l (9-17-82) EJs !6 rI I I 001- ooa- oor- 00r- 009- oo o( OC OC I( 00r- ooer-) o0 o o o( .,9 .,6 FF (L 9 j Ir.,I d>l UJzl{t\{ (l e l F uf 6t I 3 "dn rl€ a- a- I a2 : -l I oor- CHANHASSEN PLANNING CO]'NISSION REGULAR I.IEETING JANUARY 2, 199I Chairman Conrad called the meeting to order HEHBERS PRESENT:Tim Erhart, Steve at 7:35 p.m.. Annette Ellson, Ladd Conrad,Emmi ngs , AhrensBrian Batzli, Jeff Farmakes and Joan STAFF PRESENT: PauI Krauss, Planning Director; Jo Ann O]sen,Planner; Sharmin AI-Jaff, Planner 1; and Charles Folch, Asst. Senior City Engi neer RKIJERRY PE NS. POPE ASSOCIATES -RTY ZONED BH AND LOCA TED NORTH OF A B c LAKE DRIVE EAST EAST OF DAKOTA AVENUE AND oF HHY_ 5: SITE PLAN REVIEI.I FOR A 4,O42 SOUARE FOOT VEHICLE INSPECTION STATION. REPLAT OF CHAN HAVEN PLAZA 2ND ADDITION INTO TT.IO LOTS. CONDITIONAL USE PERI4IT FOR A VEHICLE INSPECTION STATION IN THE BH, BUSINESS HIGHWAY DISTRICT. Public Present: Name Addr e S s Don Hagen 33-1oth Avenue So., Suite 1OO, Hopkins SS343Stan Krzywicki 5275 Edina Industrial Blvd., EdinaJerry Perkins, Pope Assoc. 13OO Energy Park Drive, St. paul Dennis PaImer, Systems Control , 5275 Edina Industrial BIvd., EdinaRichard Kubik Systems Control Tom Kotsonas 8OO1 Cheyenne AvenueAlex Krengel 8OO9 Cheyenne Avenuel,Jalter Rockenstein Faegre & Benson , ZZOO NorNest Center, 9O5 7th Street, Minneapolis 55402-3901Alan Klugman l.,estwood Professional AssociatesAI Iverson PHT Corp Richard Andreson PHT Corp Dona]d ChmieL City Counci IRichard t^l i n9 City Council Tom ["lor kma n C i ty Cou nc i IUrsula Dimler City Council Sharmin AI-Jaff presented the staff report on this item. Chairman Conradcalled the public hearing to order. t^JaIter Rockenstein: Chairman, my name is t,alter Rockenstein. I'm anattorney with Faegre & Benson. tle're the legal counsel for SystemsControl . I think we'd Iike to have two parts to our presentation. Firstone of the major questions that's been asked each time Ne've been beforethe Planning Commission is how we're going to handle traffic accessing thissite. tJe have AIan Klugman from t^,lestwood Professional Associates who'sgoing to address that issue and when he's finished addressing the trafficissue f'd like to come back and go through the conditions Lhat the staffhas proposed dealing wilh each one of those and indicating those that we PUBLIC HEARING: Planning Commission Meeti ng January 2, 199! - Page 2 are in agreement with, which is most of those, and the one or tr.,o that we have some disagreement r^rith and the reasons for our disagreemen!. So I'd Iike to have Mr. Klugman begin the presentation by talking about traffic. AIan Klugman: l.4r . Chairman , I have a number of okay to speak from Lhe projecter Lhere? overheads if it would be conrad: Uh-huh . Alan Klugman: I'd like to talk to 3 issues tonight. First is a brief description of trip generation characteristic of this site. The second issue would be a descripLion of the assignmenl of site traffic and then finally the third issue would be an assessment of the impact of site traffic both on the surrounding roadway system and the site itself, or f should say the on-site operations. Before I9e! inLo the full discussion I'd like to start with a few quick definitions so we're all on the same terms. The first one is vehicle trip. In terms of traffic engineering as an example, if one car arrives at the testing station, comPletes it's test - and leaves, we're ca.lling that 2 vehicle triPs or vehicle triP ins. AII the numbers that I'1I be describing tonight are vehicle trips. The next two terms relate to the different days of the month that b,e wilI observe -out there. The first one is the average day, or the tyPicaL day during the course of the month. The second day is the peak day urhich reflects basically the last 5.days, the ]ast 5 working davs of the month. Based on these programs in other states, there's a surge in inspections towards the - end of the month as people rush to get their insPections comPleted Prior to Lheir expirations of their Iicenses. TypicaIIy in the other states tlhere Systems control operates, they've observed Peaking of about 15O? to 760% of- the average day at the end of the month and in fact for design PurPoses' that works out to 1552 is what we've used. The final term is the peak hour. For this particular site we're Iooking at two different peak hours - -If l can go to lhe bottom one, that's the Peak hour of the surrounding roadway system which in Lhis area is aPProximately 4:3o to 5:3o P.m--. That's when TH 5 and the various cross streets are at their busiest. The site itself, the trip generation characteristics of the site itself show a - peaking in the ]ate morning and on into the noon hour. In fact during the typical p.m. peak hour, the roadway system of the site itself is about approximately half of our typical hourly volume for the dav. So iust to reiterate the peak hour for the site does not coincide with the Peak hour of the roadway system. ApProximately the next 3 graPhics I have here will be a quick run through of the trip generation characteristics both for this- site and for other auto or into land uses. AII the graphics I'm showing tonight are the ones that tle showed at the neighborhood public meeting a few weeks aso h,ith the excePtion of some count data for the HcDonald's r^rhich we completed after that meeting. If we go to the right tt'lo most columns of this chart we see what the typical projected traffic is for the systems control site. AII the numbers that I'm dealing with in reference to Systems ConLrol represent the year 1998 which is the final year of the 7- year contract that Sc has urith the SLate to Provide this Program and of course in 1998 the vehicle registrations wiII be a bit higher than they are today. And lhen also for this site we're looking at t$o different time periods. The right most column here is the peak at the end of the month. The column one in from that is the typical average day of the month. So in summary, the site itself is expected to generate 1,260 triPs on the busiest Planning Commission Heet i ng January 2, L991 - Page 3 day of the month. Approximately a1o Lrips on a typical day. The other 3 uses that we show here, a sas station, a fast food restaurant and a drive in bank are typical national averages based on data collected by the Institute of Transportation Engineers. They do not necessarily reflect any one site in Chanhassen but rather their typical national averages so this puts the particular testing site in some type of perspective. Hoving from a daily basis to an hourly basis, one of the questions that came up at the neighborhood public meeting uas how does the particular McDonaId's adjacent to this site compare versus lhe typical uses lhat we talked abouL and Lhe column on the far right summarizes that. t^,le conducted a traffic count at the McDonald's for both the lunch hour period and for the evening dinner time period and we saw that during Lhe typical one hour period, the McDonald's site generated at ]unch time about 3OO trips. For the Syslems control site we're showing 4 different bar charts. I hope it's not too complicated but basically the ones on the left represent the average day and the ones on the right represent the peaking at the end of the month and within those two sets u,,e also have the p.m. peak hour r.lhich is on the lef t and the noon hour which is Lhe higher hour so just Lo cut to maybe the highest number, the 175 trips is whaL we estimate in 1998 at the end of lhe month for the busiest hour of the day which is approximately 11:OO to12:OO- 11:oO in the morning to 12:OO noon. That's the number of tripsthat this site would generate. During the busiest time of the roadway system, lhe p.m. peak hour, we're Looking at less than half that or the 76trips for the p.m. peak hour. Now if tae look at this number again here,lhe 76 trips from the p.m, peak hour and then put that in some perspective compared to other typical land uses, Typical auto oriented land uses.Again, we looked at the gas station, A typical fast food restaurant. Atypical drive in bank. The two Systems Control numbers both for the average and the peak at the end of the month and then finally the exact count we did at the HcDonald's so there's a Iot of numbers up here but Iguess what we're Lrying to do is show some perspective that in the busiest hour of the month the testing site is expected to generate about 76 tripsduring the p.m. peak hour. During that same time period on a typi.cal day,the nearby restaurant generates about 97 Lrips. Conrad: Are those Loday's numbers or the future numbers? ; AIan Klugman: fhe 97 is today's count. The 75 would be the 1998 value soit'd be Lhe highest vaLue. Haybe if I could step back for one moment in terms of where the numbers came for the Systems Control site. In some ofthe other data that's been submitted to the city, there's a description ofthe overall metropolitan uride system. Unless there's specific questions weh,on't go into a great deal about that but in summary there's 11 sites Iocated throughouL the metropolitan area. The sites vary in terms of theirsize and how many vehicles they're expected to service on a typical year. The sites are aII Iocated within whaL we caII geocenters of population that each serve different areas and the numbers of inspections is Lhen projected based on the population urithin that area so this is part of a system wideprojection for aII 11 sites. Going onto the second phase of my discussion which is the assignment of the site traffic, we worked with David Braslauof David Braslau and Associates who Dr. Braslau also completed the air and noise qualiLy analysis. t^lorking with Dr. Braslau we generated this direction of approach assumption which again is based on the fact that Lhere's 11 sites spread throughout the metropolitan area and the traffic to Planning Commission Meet i n9 January 2, 7997 - Page 4 any one site would be more or less balanced via Lhe major roadways thatserve that site. The nearest proposed sites to Lhis one are one inHinnetonka to the north and to the east wj.L] be sites in Savage and in t.heBloomington/Richfield area. But in summary ue show that along the majorroadways, TH 5 we're looking at approximately 4OZ from the east approximateLy 259. from the u,est and then some more local movements via TH 1O1 in the downtown area of about 52. As I guess we've discussedpreviously, uith this si.te we're on Lake Drive south of TH 5 and we havetwo major access points from TH 5. Of course the closest one is Dakota Avenue and then further to the east we have 184th Avenue or DeII Road andboth of those sites are within the improvement area for TH 5 which I'm sure-the Planning Commission is very weII aware of. tlhat we have here is asketch both for the Dakota Avenue intersection and also for the newintersection which will be at 184th Avenue. Dakota Avenue will be arebuilt, reconfigured intersection to include turn lanes in each direction,- median islands, a new signalized intersection and then further to the east along TH 5 the intersection of DelI Road and 184th uould also be verysimilar in character with median islands and turn lanes. The time tablefor that shows lhat this improvement along TH 5 r,ril] be occurring in aboutthe nexL 1 to 2 years out to CR 17 so it does dovetail nicely with uhenthis site wiII come on line, The roadway pictures that we shoured here we received from the HnDot design plans and those are the ones thaL we and Dr. Braslau used for analysis purposes and I guess real quickly running throughthe analysis. Level of service calculations u,ere done for the majorintersections for the site generated traffic both for baseline conditions and for Lhe baseline with the site added on top. And for the one year afler opening, an analysis of that period sho.ls that for both of the majorintersections at 184th Avenue and at Dakota Avenue along TH 5, the overall -leve] of service at the intersection would not be impacted or would not change with the addition of the site generated traffic in the p.m. peak hour which is a critical hour for the roadway system. NoN the one other intersection that Ne Iooked at was the inLersection of Lake Drive with Dakota Avenue which of course is a stop sign controlled interseclion r.rhich would serve a majority of the site traffic. Using the stop.sign analysis melhod with the base ]ine traffic and the addition of a site generated traffic for both the p.m. peak hour, busiest hour of the roadway system and the noon hour, busiest hour of the siLe, Lhat unsignalized intersection can adequately accommodate Lhe traffic volumes. So I guess in short summary, this one sile added to the baseline traffic r.lould cause no impact to the surrounding roadway sysLem. Finally the final point I'd like to make is ananalysis of the on site operations which is a question that seems to come up with every siLe that ule look at and that is the ability of the siLe itself !o store and queue the vehicles that need to be served right on site. If I can refer to the first picture that you had up that shows thesite. Thank you. The sile itself has approximately a75 feet of stackingin the various lanes to serve Lhis site. t"le ran an analysis using typicalqueueing analysis procedures. It's a type of analysis you could use fordrive in bank, drive in restaurant, vehicle testing site. Any siLe that has drive up traffic. Using that analysis and typical queuing methods, we Iooked at the lengLh of stacking that u,e have available. t-le looked at how many riehicles couLd stack in that amount and using a conservalive value of about 25 feet per stacked vehicle, we can sLore approximately 35 vehicles on the siLe. tle then ran an analysis r.,,here b,e Iooked at a probabiLity of what is the busiesL flow rate within the busiest hour of the busiest day so Planning Commission Meet i ng January 2, 1997 - Page 5 it's the peak !,,,ithin the peak within the peak and we said at a 1Zprobability of overflowing the site, how big r,rouLd the site need to be. l.Jhen we wor ked out those numbers, we conclude that a site that can store 23vehicles on it would have a 12 chance of backing up with the busiest timein the busieSt hour of the busiest day. Okay, so 23 vehicles' would give usthat 12 chance of backing up. This site conservatively can store 35vehicles which gives us at least a dozen vehicles to safety factor beyondthat 12 chance. So we feel that there's definitely adequate space here tostore a]l the vehicles on the site and when I say on site, that's beforethe public cul-de-sac. I guess if there's no questions, that's hopefullykind of a brief run through of the traffic aspects and if there are noquesLions, I'II turn iL back to Mr. Rockenstein. tJalter Rockenstein: I'd Like to go brief Iy down through the conditionsthat are indicated on pages L7, lA and 19 and indicate those that tae're inagreement with and those where we have difficulty. t,e start out r^rithperhaps the biggest difficulty in that we remain in disagreement with thestaff over the need for a mansured roof on the facility. These testingstations not surprisingly since it's a metropolitan wide system, have beendesigned to present as identical a view to customers coming to them as ispossible. The information that wiIl be sent out ahead of time on thesestations will include photographs of the stations. t^liII include we hopethe maps that indicate the way to approach the station. The hope is thatthe uniform look of the station wi]l make it easy to find and easy tolocate and identify. AII of the other cities that we have been in to dalehave approved the design that h,e have indicated which does not include amansard roof and Systems Control believes that that design is the one theyshould use here. t^laller Rockenstein: I bes your pardon? Conrad: Do you have a picture of the desisn? conrad: Do you have a picture of the design at your disposal? tralter Rockenstein: It's a design much Iike this building with a straightparapet roof. tle would increase the height of that parapet to provide screening higher Lhan it is shown on Lhose plans. That is one of theissues that was raised was the need to screen the equipment on top andwe're in agreement that that must be done and would be providing that. Ifyou ]ook at the site itself and the surrounding building,s, you would findthat only one of the surrounding buildings has a mansard roof or one that'seven s).oped and that is the McDonald's. The office building which will be'immediately across TH 5 has a flat roof with a parapet. The buildings tothe east are all flat roof also with parapet so we don't agree Nith thestaff's conclusion that this is in Lhe heart of the business districL where mansard roofs are the norm. That in fact is not the norm at this site. tJealso find it inLerestins thaL the City HalI which is much closer to theheart of the business district is not a mansard or sloped roof but is aflat roof, exactly the same as we're proposing. t,e agree with the need fora sign plan and the need to obtain sign permits as indicated in number 2buL we would indicate that on 2(c) it is HnDot that has to give the finalapproval to signage located in SLate rights-of-ways so alLhough h,e can putit on the map and we intend to have it and u,e hope that the PCA wiII PIanni n9 Commission l'{eeting January 2, 7991 - Page 6 support us in achieving that, it's only MnDoL that can give that final approval with respect to the State highways and in fact it is only the City that can give approval for the C.ity's ri.ghts-of-way. This is in number 3 we're really coming back to Lhe plan Lhat was originally submitted by Systems Control . Systems Control originally submitted a Private road without a cul-de-sac. It was the City that requested the shift of the cul-de-sac and if the City wishes to move back to the Private road, we are happy to do that and we agree that if you use a private road, you wiII have- to have permanent cross easements and you'II have to have the mainLenance agreement and we would be provi.ding those. tle wiII, as is required, obtain the permit from the Watershed District and we do agree that when further development occurs on Chanhassen Haven Plaza, the other site that we would - have to extend that seuer piping to the future delention Pond. We are in agreement wiLh number 5 that you have to use Type III erosion control toprotect lhe wetland. The landscaPing along the south side of Lake Drive East, Systems Control would Iike to provide that. I understand that that Land is owned by Mr. Hagan who also owns the remaining land and he would have to be in agreement with that. He's here tonight and can indicaLe whelher he's in agreement but eJe r^rould want to Provide that screening for the neishbors to Lhe south. We will also Provide the detailed cost estimate of landscaping and the additiona.l ]andscaping on the north side of the trash enclosure. tle would exPect to construct t,he sanitary sewer and the hratermain improvements and acquire the necessary utility Permits from MnDot and whatever permiLs might be required from the PoIIution Control Agency and the Department of Hea]th, although I haven't located one vet that's required bv the Department of Health. It may be Lhat one there's one from the PCA. tJe do expect to enter into a development contract-tlith the City and provide financial guarantees and the flammable waste seParater- tha!'s being suggested is already a Part of Systems control's plan. It's a- sLandard feaLure of all 11 of their testing stations. tJith resPect to the subdivision, we do expect to pay park and dedication fees, t,le will Provide the (a) thru (d). (d) of course urill depend on the final drainage plan as -the site is redesigned for a Private road. I can't speak to (e) because the only portion of the plat thaL's being required is being taken from the a,ijc,irring property, not from that that's being acquired by Svstems Control -but we assume that the adjoining property owner is in agreement with that. The cross access and utility easemenLs. [.le are in agreement that those wiII have to be provided again and we are in agreement that the currently existing drainage easement would not be necessary any longer and could be vacated, Hith respect Lo the conditional use permits, we would exPect as a part of tha! to have number 1 be one of the condj.tions and number 2, the direction maps are subject to MPCA aPProval. f'm sorrv we can't make them -subject to your staff's approval . The final apProval there is the PoIIuLion control Agency. tle Nould be haPPv to submit our PrototyPes to your staff for suggestions but the final aPProval Lhere is the MPCA's. l'Je -wiII maintain a contract with the services for the State of Minnesota. The contract is 7 years in length and we have already agreed Previously before this commission on the other site that we do not intend to Perform repairs or to selL gas or parts. The Program does not involve the testing of diesels or heavy trucks. Ne would intend to maintain the site in comPliance with State and Federal Air and Noise Standards and in fact have submitted data to indicale that we will. [,le are in agreemenL that we can Provide a -compliance report within 6 months after oPerat.ion to the City- We're concerned I have to say a little bit about the city's unlimited Iicense to Planning Commission Meet i ng January 2, 199f - Page 7 ask us at any time to prepare reports. n full blown air quality study or afulI noise study is an expensive proposition. t^le would like to suggestthat if the first report turns up showing compliance after 5 months on thesite, that you consider an alternative that if the city requests Lhe study and the study turns out that we're in compliance, the city would pay forit. If it turns out u,e're not in compliance r ule'll pay for it and make the changes that are necessary. tle think that's a fair uay to proceed. If lheCity then has reason to believe that we are in violation, they can ask usto supply the report and if we are, Ne'Il pay for it and we'Il make theappropriate changes. And the Iast one I think we simply need to agree withstaff on some definition of what constitutes fire lanes, drive aisles,access drive or public rights-of-way. tJe believe that ule have adequatestacking space without being in any of those but we think, we hope we arein agreement. t^le don't precisely know trhat they mean by drive aisles. Weuse that term to include the stacking space. I suspect that they're usingit in a more narrow fashion and we need to figure that out. tJe areconfident that without being in the way of anybody coming into or leavingthe site, including fire trucks, that b,e have sufficient stacking space.That completes our response to the various conditions and I'd be happy to answer any questions. Conrad: Just for quick clarification onuse permit. You basically disagree withmonths? Is that what you said? You Ied do a whole series of reports so that got City staff is asking for one. point number 6 under conditionalpaying for a study after 6off by saying you didn't wan! to me confused. They're asking, the Conrad: I'm sure there will be some. Thanks. Okay, we wiII open it upfor public comments. So if there are any on anything you've heard orhaven't heard, we'd sure like to hear them. Is there anyLhing? Maybe Icould start it off a little bit. I'm curious. There was a neighborhoodmeetins. tlhat did come out of the neighborhood meeting? t^,hat were theconcerns of the neighbors? Have they been addressed? t^lho was there? tlalter Rockenslein; Several neighbors are here and I'd really feel morecomfortable if they spoke for themselves but I'I1 try to summarize themeeting. l^le made a presentation which r4as reaLly a combination of theearlier presentation we made to the Planning Commission where Ne explained who SysLems Control is and made sure of the inspection program. AII thedifferent requirements that have been placed on us by the PCA. The factthaL it Nas a compeLiLive process lo get Lhere and then ue went through allof the site diagrams and pictures of this }ocation- Hr. KJ.ugman did hisanalysis without the facts about Lhe McDonald's. One of Lhe questions asked was what is the traffic lhat McDonald's actually generates and so we tJalLer Rockenstein: t"le have no problem with demonstrating to you 6 monthsafLer we're in operation at our cost that we're in compliance. It's the subsequent ones and the expense of them. Conceiveably, although I doubtit, the City could ask us for one of those every monLh and that would be aseveral thousand dollar expenditure on a monthly basis to do those reports. conrad: Anything else from your side? t^Ja]ter Rockenstein: [^le're avai]able for questions as other people testify. Planning Commission Meeti ng January 2, t99L - Page I h,ent out and counted it because we thought that was a ]egitimate question that neighbors had a right to know about. A second specific concern which was raised was a concern about headlights as people leave the siteprojecting into Lhe homes to the south, and you see the staff recommendation as a result of that. That we try to Put bermitg and foliage- in Lhere to alleviate that and we're in agreement uith that recommendation. Questions were raised about traffic afterwards and we continue to try to ask those questions. Some people urere concerned about the relative height -of Lhe structure and suggested that we lowered it somer.rhat by lowering the area it was on. It turned out when r,le got the Plans out with Hr. Krzywicki Lhat we had shaved more than 2 feeL off the existing heieht of the site in an effort to level it off a little bit so I thought we had addressed that one but if there are others, we'd be hapPy to have the neighbors come uP and address lhem noul and we'lI continue to trv to address them. conrad: Any comments from the neighbors anybody? Tom Kotsonas: Tom KoLsonas and I live at 8OO1 Cheyenne and one of Lhe neighbors that attended the other meeting. And the summary that was given is I would say is fairly accurate of our concerns. Basically since we've been here before dealing with other businesses lhat have gone into the area, ule're concerned with the amount of traffic. t^le see Lhis bringing in -a "huge" amount of traffic on a continual basis. Their hours are going to be, f forget uhat time they said they open in the morning but fhey're going Lo go to 7:oO p.m. in the evening which of course during the summertime and- the weather when it's ni.ce, PeoPIe Iike to be out in Eheir yards. ['le're looking at a large volume of traffic with McDonald's already and this is going to add. sirce this is the time that people are getting out of work and it's most convenient for them to come in and have Lheir car checked Saturdays are going Eo be oPen from sometime in the morning until approximately 2:OO P.m. in the afternoon. That's another day that adds to the Iarge amount of traffic that other tyPes of businesses would not be open at tha! time necessarily. They refer to all the types of businesses that Nould 90 in Lhere would be fast foods' which of course our neighborhood would wish not to see that become a fast food lane- or lraffic bearing anoLher gas station or service station or restaurant tyPe thing. There are other tyPes of businesses that would go in there that would nowhere near generate the kind of traffic that they're talking about generating. t^le do feel somewhat better if there's some serious attemPt to - puL in vegetation, trees or various tyPes of things on the south side. Of course we realize that's Private land along that stretch. The road has already, Lhe new road that's gone in there, the t^ridening and expanding of it, took out some protection that was there already. And also some things that they're talking about putting in on the north side. Basicallv it's what we see is a layge amount of traffic bordering on a residential neighborhood and we see that as a detriment Lo the neighborhood. Visual effecls, it's hard to teLl from pictures exactlv. [^,e see this as a glorified gas station I guess is the best wav I can Put it. It's going to be all kinds, if it's not trucks but I mean it's all kinds of vehicles coming in there. There's noise Lhat's going Lo affect us and we're looking at, Nhen I get done r,lorking at 4:OO-5:OO in the afternoon to 7:OO in the evening, this is when we're going Lo be Iooking aL a fair amounL of traffic- with the expansion of the highway. With McDonald's and anvthing else that goes in in addition to this in the future and then we're looking at Planning Commission Meet i ng January 2, 7997 - Page 9 Saturday traffic until Saturdays that they'relhat area. Thank you. I think it uas 2:OO p.m. they're Lalkinggoing to be open. So I guess that's our about on concerns on conrad: Okay. Thank you for your commenLs. Tom Kotsonas: Oh, one other thing. One of the reasons, and whether or notyou agree. One of the reasons the neighborhood is not here in larger numbers is that there is a definite feeling, and this is a negative statement but there is a definite feeling that it doesn't really do muchgood for people to come and speak at these meetings because everythingthat's happened in Lhe past, there's lip service given to things butnothing ever real.Iy takes place as far as we see accommodations. I don,t mean to, I guess it is a negative sLatement and that's the way theneighborhood feels and so there are tNo of us here and the same thing atthe meeting that ure attended before. Half a dozen people but it,s tough togeL the rest of the people out because they feel , well trhy go, Conrad: l*1any things take energy and the neighborhoods that stick wiLhissues sometimes make changes. And again, I don't want to appear toodefensive on your comments because I think there's, anytime you deal withgovernment, you know it's like boy. How do I get control over what they'redoing? That's probably ulhy some of us are serving here is to feel that itcan be sensitive. Yet most of the time when you Nant it to be sensitive,you've got to get there in advance. It,s Iike you should be talking aboutthe comprehensive plan and is this the right area for highway business usewhich is r.rhat lhat Iand, this is one development, and there are going to beseveral more because we've a).ways allocated that space for business. Whatwe calI highway business uses. Tom Kotsonas: Not always. When I moved into that neighborhood it waszoned residential and so the people that Iive along that stretch were noLIooking at this highway use and it seems that when we appeared in largenumbers to protest that, it's business hishway. t^lhen McDonald,s moved in,ule appeared in J.arge numbers for a considerable ]ength of time and itturned out the same so Ne put great amounts of effort, time and financialdollars into aII of those things. The results were the same as if people had stayed home so when you say you have to get out and do your thing, Iunderstand. The squeaky wheel usually gets oiled, r.re,d like to think. Conrad: It gets you involved in government but I know what you're Other comments? Anything eI se? sayr ng . Batzli moved, Ellson seconded to close the public hearing- All voted infavor and the motion carried- The public hearing uas closed_ Conrad: Let's start down with you Tim. Erhart: I'd Iike to point out to that gentleman lhere, the reason we'rehere tonight is that citizens opposed lhe construction of this site in anindustrial park and so pressure was brought there not to put it there...and talk against it so I lhink the fact that you're here tonight underlinesthe fact that I think the City does listen. One of the reasons... t^,iththat little comment, I'Il start. Oave what, the pond and you have some PIanning Commission Heeting January 2, 7997 - Page 10 complicated way of getting water off of lhe siLe. goin9 to work perfectly. Dave, you're resPonsible It sounds like i!'s not for that? Folch: Char Ies? Erhar!: Charles? tlhere'd I get Dave. Okay, anyr.,ay. Hhyr page 9, can you explain under grading and drainage? I didn't quiLe understand... It was talking about drainage of storm water and h,ater backing uP into the parking Iot. Folch: tJeII basically initially it was looked at as trying to create one Iocation to drain the entire vehicle inspection site and that tvpicallv Iooked to be Iocated adjacent to the wetland area. However due to grade Iimitations it wasn't possible to accomPlish that so in an effort to trv and develop a satisfying drainage scheme the site was basically broken up into 3' areas for drainage. The northern half of the site which will contain pretty much the area north of the buildins, which is impervious. ThaL area was designed to drain north to the existing highulay ditch. No{^l most of lhat area currently does drain that r^,ay and so with the grading scheme it seemed to work out weII. As our ordinance requires, a siLe developing has to maintain a Predeveloped runoff rate and typicallv that occurs with ponding. In this Particular situation, You'II notice the northern half of the site there's no room to real.Iy construct any tyPe of ponding situation so what the applican! ProPosed to do was restrict the flow rate with a pipe size restriction and thereby during certain Peak storm evenLs, there will be some minimal ponding occurring in the Pavement area up there. tle're talking minimum. Maybe a few inches of water dePth for a short period of time in that area. Erhart: tJhy can't you use the area designated as the swamP? Folch: Pardon me? Erhart: Why can'L you make this, what vou desiginate on the suramp. tlhy can't you make that into a Ponding area? Folch: The existing wetland area? Erhart: Yeah. drawing as a Folch: tJell typically an area that you have like that we'd normally Nant to see some type of pre-treatment of the runoff going to lhat uetland area. Risht now it's mostly imPervious area that's draining to it. t^lhen vou drain parking Iot areas which contain gasoline and oils and things Iike thal , you normally don't want to discharge those directly into a wetland and so what we had originallv. Erhart: tlhere's it going to go to on the storm water? FoIch: Pardon me? Erhart: So it enters the storm urater going north right? FoIch: uh-huh . Planning Commission Heeting January 2, 799L - Page 11 Erhart: Okay, where does that go? Erhart: Okay, so where does that storm water system 90 to? Folch: I believe that wiII drain, there's an existing 42 inch that runsnorth/south along the easterly border of the property and I believe thataII drains down south. I believe it is to another u,etland area north ofRice Marsh Lake I believe. Erhart: t,hat controls the level of the ulater in this wetldnd now? FoIch: Basically what runs into it. There's no outlet for it. Krauss: There was a fundamental problem uith using the (etland. That ulasoriginally our approach and direction to the applicant, !,Je Nant to keep enough water in the wetland that it remains viable. The problem with theuretland though Commissioner Erhart is that it's elevated too high. Whenyou're out at the site, you actually see that the wetland's tipped up atthe higher edge of the site and the rest of it flows down the other way andit just wasn't physically possible to drain the site into that thing andthen have it discharge, To do that you r.rould have had to excavate out thewetland and made a big sump out of it and you would have destroyed thenatural feature. Erhart: I don't know how much excavation. Erhart: ...higher on the north end, WelI, anyway you looked at that. Krauss: That was our first preference. Erhart' ...try to maintain water on siLe as much as possible rather thandirecting Lhe storm h,ater. It just seemed to me without Iooking at theelevations...a missed opportunity to retain more r,Jater on the site as wellas improve Lhe wetland because it really is, in going out there Iast summer and looking at it, I remember that was a poor quality wetl.and. Krauss: It r,ras but it's actually made a slartling recovery either b6causeof McDona]d's putting more water into it or the fact that there was morewater Iast year. It's turned out to be quite attractive and in fact the owner of HcDonald's, Gene Borg is quite partial to it these days. He,s put a uretland theme into the McDonaId's restaurant. Erhart: The problem without ,rater control you never know from year to year what Ehey're going to end up urith. Folch: uell initialLy it will just discharge into the ditch area on thesouth side of TH 5. In the future HnDot, the TH 5 improvement project isproposing to construct a storm sewer through there which this' system uilltie directly into. Krauss: It Nas fairly significant. I don't recall exactly how much but itwas in the realm of 5 or 6 feet. Planning Commission l.1eet i ng January 2, 1997 - Page 12 Erhart: r ight up Erhart: t.,elI I think the ]ocation here is pretty much suPerior than theprevious location. I empathize uith the neighbors. The fact that we have access here from both DeII Road and Dakota mikes it a much more viable site- than t^rhat I said aII along was a glorified gas station. It's beLter than uhat we were talking about before. I also agree that I think a cul-de-sac would be a real problem because you really don't have, it's difficult to control^..I don't know how you're going to accomplish that. Normally we kind of like to look at those things as far as siLe PIan review and we won't be able to do that tonight so I guess without develoPment of the other siLe, I'm not sure how we're going to, are you going to trv to plan that in advance how you would access to lhe two other Parcels or how are you actually going to Lay out the internal? Krauss: !^JeLI what Ne were going to do is set uP this drivecay so that it basically runs straight into this property and then as we envisioned it, tle T off future connections to that. Right now Lot 2 is Proposed as one lot. It's very conceiveable that it wiII be divided in half. If that's the case, they will probably have to share a common entrance onto this Privatedriveway. You'II have an opportunity to review that hou,ever ulhen they actually propose development on there. Erhart: So you'd still put a curve in or create...? Kraussr That remains to be seen. Hourever, lhe reason for Lhe curve is there was a desire to maximize the amount of land on Lot 2 so that the drive, the street got pushed over as far uest as Possible. Then it needed to curve to enter inLo the Systems control site ProperLy so that Problem would probably stiII exist. Erhart: The landscaping on the south side. That's just on Lot l right? Krauss: t^Jell tre believe Lhe plat may be in error there. That there isproperty located south of Lake Drive that's owned by the ProPerty owner that we' believe is part of this Parcel. It's iusL severed at this Point. It's on the south side of the right-of-way and we're going to see, if the survey is in error, that Lhat should have been included because it is part of the property. Ne'Il have them make that change but we understand that iL is owned by Hr. Hagan which was one of the Parties that ouns the property. okay. t^JeII it sounds Iike there's some confusion there.. -goingthe street, I urasn't sure hot^i you were going to deal with that. Krauss: There's basically a 3 tier level of protection if you tlill for buffering the neighborhood. t,lhat we've done is had Systems control design in a berm and landscaping on the south portion of their site. At thispoint then' douln here you have the weLland which is green and oPen. The landscaping itself that we envisioned r,:ould actually be on, you know the Krauss: Ne did ask the developer though to structure this Plan so that at Ieast as much if not a Little more water than feeds inlo that wetland today- wiII continue to do so. They've got the building itself and a portion of the southern parki.ng lot flowing into the uetlands so it wiII continue toget water Planning Commission Meet i ng January 2, 7997 - Page 13 streel comes and would be Krauss: t^leIl, entire site at through here. used to block II any 's actually on the other side of the streetdirect. Erhart: ...issue that that may be owned somebody else? partnership that owns this by theourned by Erhart: So you think you can resolve that? KraLlss: I think so, yes. Erhart: Lastly I guess on the roof, it's be nice to have a mansard roof. On the other hand, I think the applicant has got a pretty good point thatit's riot exactly common in that area. I'm not sure Lhat that requirementshould stand so I'II wait for comments from the other commissioners. otherthan thaL, I think this is an improvement. I couldn't quite face going through the whole thing again a second time so I'Il let Steve move on it.ft looks good. iL's apparentlythis time - Emmings: t^iith regard to the roof, well what is your response?that we don't have them on aII buildings in town. t^Je don't havethat requires them on alI buildings in town. t^lhy here? The fact anythi ng Krauss: l,,lhy here? A few reasons. There really has been an architectural theme that's been developed over time in and around downtown Chanhassen -Simpl.y because some buildings were built prior to that or don,t incorporatethat, I don't believe that's rational.e noL to do it in the future, I meanwe've often learned that there's betLer Hays of doing things. f understandSystems Control's rationale about kind of doing this as a franchise. f mean they aII Iook alike but that's what I hear from every fast foodestablishment that walks in the door, You know we have to have a brightorange building or it has Lo have arches. HeIl you find over Lime thatthey learn that it doesn't have to. It has to have some architectural symbolism so that people recognize it for what it is but they adapt thesethings to fit into the context that it beLongs in- t^lhen we look at some ofthe buildings in this area. t^,lel I McDonald's obviously has a mansard roof because it's part of their architectural theme, !.le have the Hanus buildingup on a hiII across the street. [.ie've talked to that property owner onseverbl occasions about addressing, you know they're talking aboutrenovating the site and addressing the architecture of the building sinceit's just a block building at this point is one of the things that's beenraised periodically. I also spoke to the planners over in Minnetonka who have a site being proposed and f don't know if they've carried through onit but they indicated to me that they had a similar concern about theroofline and were probably going to make a similar recommendation. I don't know if that's actually been done yet but that's what I was told beforeChrislmas. So the long and the short of it is, I think there is aconsistency that we're trying to promote in downtown. Flat roof buildingsin my view, and it's subjective, are intrinsically unattractive and it's someLhing that's relatively easy to fix and I don't think that they losethat architectural conlinuity in doing that. Emmings: I don't really have any other comments. really thorough. I thought you did a good job and staff report . . . Ellson: So when you have this brochure, it's going to Iocations to every household so that PeoPIe can decide work and this is by my home and things like that? Are going !o have the exact same hours? PIanning Commission Heet i n9 January 2, 1997 - Page 14 Dennis Palmer: t^le're oPen to oLher tNo nighLs. tle stagger 5:30 . tal k about aLL 11 ueII this is by my all the locations only two nights a week and 5:3o the two days...people who can't get there by The staff I guess I report was suPport Lhe Conrad: AnnetLe? E]lson: I have a couple of questions of the applicant. PeoPIe can use any of Lhe facilities, isn't that correct? I mean if they worked in Richfield -...that facility. Is that why the ]unch hour is so busv? Because People 9o during work? I was really surprised to see that the Peak time is the Iunch - Dennis Palmer: That's our guesB. You can generally tie it in with some other area of surveys. . . Dennis Palmer: Yes. E]lson: And is it reallv peak from that 6:00 to 7:oo or something li.ke that? I know that this neighborhood is concerned about the later hours ' I don't know if you really gain a lot by having it oPen that much more later?- 7 200 the Ellson: okay, so out of the week there's onlv 2 nights that it t^till be open unti I 7: oo? Dennis Palmer: Yeah,2 nights until 7:oo and 2 nights until 5:oo--. E.l. Ison: You can eat your dinner on the patio for a couPle nighLs anyway - r was concerned, I have a question of staff. The aPPlicant talked about a couple of the conditions that were out of their control like the 2(c) and number 5 of the site plan review. BasicalIv thev said that thev don't have control of the signage. That it r^rould have to be l'tnOot. Is it a Problem writing it in? f mean how do we enforce such a thing if they're claiming thaL they can,t control that number (c) is followed through and implemented- or lhey can't control that some Landscaping will be done. That there's another landowner involved. How do we make sure Lhat sort of thing geLs done? can we hold them accountable even though they're not under their control? Krauss: t^lell I think so for a couple of reasons, and I'II modify that a Iittle bit but the idea of signage on TH 5 wasn't initiallv our idea. IL was system controls and ure just thought it was a fine idea and decided that since it was someLhing that they raised and He agreed wiLh, that we urould make it a commitment to carry through on. Sharmin has conlacted l'lnDot and - why don't you. Planning Commission Meet ing January 2, 799! - Page 15 Krauss:specific of their So if we wanted to tailor that condition so that it was madeto MnDot's approval , that's fine because that's where it gets out hands but this was originally their proposal. EI.Lson: tlhat about the landscapi ng? Krauss: The landscaping, well you know this broperty, there are 3interests involved in this review. There's the City and our interes!.There's the applicant's and their's and then there's the property owners who are selling the property. It's been tough bringing the property ownersand the parLnership that ob,ns the property. The partnership and Systemscontrol together on this buL thev're both involved in this application andthey both jointly signed the thing and the conditions are jointly applicable to bolh of them. This plat, if it's approved, is going to havethese requirements in there and if thev don't fulfiII those condilions, thething doesn't get built if you approve it. I think that's something lhatthey need to iron out. Krauss: It's one pl.at . t^,e're not dealing with one lot of the plat. tJe'redealing with the entire parcel - Ellson: Okay. As to the roof, I can understand that everybody wants themjust like the same but I think Chanhassen is better than the rest of lhesuburbs and I think that ure deserve to have the best looking building ofall of them. And I don't think that a building with 6 sta]Is or 4 slallswiII be easily misrepresented just because the roofline,s a little biLdifferent but r don't think we should short change ourselves and go with aflat roof if ue can get it up front to Iook a Iittle nicer. Those are myconcerns and questions. There's one more thing. That drive aisle. He r.,,a sa liLtle concerned about it. I guess maybe we should clarify. tJhat do you mean by drive aisles? Krauss: If we could flip it up and we,d be futly happy. or we'd beagreeable to trorking with Mr. Rockenstein in getting a document thatillustrates it. tlhat we want to maintain on the site is that, it's clearthat the public cul-de-sac or the private driver^ray needs to remainunobstructed and the entrance needs to remain unobstructed and the abilityof cars to circulate in and around the parking lot needs Lo remainunobstructed. From this point north and around towards the garage doors,that's all stacking disLance. They can stay there to their heart,scontent. It's the portions of the site that are going to convey trafficexiLing and entering that ure're most concerned urith. Al-Jaff: They said there should be no problems putting up signage on theirpublic right-of-way. If t^re could just indicate where we would want them and if they don't interfere r.rith traffic, they will provide them. El]son: In other words, you have to teII them the deal's off unless I canmeet arl the conditions of the citv and things such as lhat and then thatwould be the same as 2(e) in the subdivision Hhere they're concerned aboutthe right-of-way as being something that isn't in their control and you,resaying that's sort of the same thing? Planning Commission Heet i ng January 2, 1991 - Page 16 Conrad: Br ian? Batzl i : How close on this site? Krauss: The site road is cLoser but Batzli: So we 're to the wetland are we here itself maintains or exceedsthat is consistent with the more Lhan 75 feeL away? Krauss: Yes . BatzLi; Charles, if we Nere to put some sort of uater off of the impervious towards the wetland, enough to drain it towards the wetland? The skimmer to help drain the r^rou I d that . . .water up the 75 fooL setback. ordinance. Folch: I still think r.re'd run into a problem basically with grades. jusL don't have enough fall to get the, even if we tried to discharge directly, it wouldn't have enough faII to get a storm sewer in and outletted at the pond. l^Jeit Batzli: f guess I thought the traffic information Nas interesting. I guess I had a tough time, and maybe your traffic Person can clarify this, ft seems to me that when you're talking about gas stations and you're tal.king about banks and fast food facilities, not all of those trips are equivalent to the trips that this facilitv will see. In mv own mi.nd think -that this will bring more triPs inLo the community whereas a gas station is sorL of something you kind of do on your way home. Fast food, there's enough McDonald,s that you're not going to be driving from Minnetonka into the area to go !o McDonald's. Can you address that at all as far as' did you take a look aL acLually hott many triPs vou're going to be adding that 'or bringing trips from outside the community into the community? Folch; Staffwise t^re didn't actually do a traffic analvsis on this site. ThaL might be a question where you could refer to the applicant's engineer. Traffic engi neer Batz]i: Did you ]ook at that? can you comment? AIan Klugman: If I could put up one overhead and Lhen I'Il sPeak from here. The point you're making in reference to say a gas station or fas! food restaurant or really any retail use is correcE. That oftentimes ure Iook a! two things. There's the site triP generation and then there's the number of new trips to the roadway system. t^lhat it really comes down Lo that !.Jhatever element you're looking at, say it's an intersection, you merely have to see how many trips are new and how they change their vehiclepattern. If I could explain. If a trip is traveling from the west on TH 5 Lo the east and he diverts to the McDonald's, on TH 5 he's not an added trip. Either east or west of the intersection. It is a neN turn onto the Ellson: So long as you both get down wha! drive aisle means to each other -and is asreeable. I Iike it. I think it's a good example of us bringingout concerns that I know I was concerned about it being in the office park and I felt this would be a better type of location along the highway anyways so I thought this was a good compromise. highway okay? And so in terms of what you're saying, for an impact oradditional traffic to TH 5, you are correct that the fast food or the gasstation would not, aII the trips generated to those are not neu, trips- Forthis site many of them r.rill be but for the actual analysis that ue did, we assume that they're all new trips and treated them as new movLments at theintersection with TH 5. Based on those percenLages, if we take our peak hour movements which are approximately 76 in the p.m. peak hour and you apply the various percentages there and treat them aII as new trips, for noindividual movement are b,e adding more than 10 or 20 trips to thatparlicular movemenL. So u,e did consider that. Batzli: So your peak hour xas how many trips? AIan Klugman: During the peak hour of the site? Batz I i : Yeah. Alan Klugman: Peak hour of the site is approximately, on the busiest dayof the month is approximately L76 trips in the peak hour of the site whichis righL before the noon hour. Batzli: So if you're bringing 4OZ of them in on TH 5, you're adding 4OZ of 176 turning movements into the site? A).an Klugman: fnell, Iet's round |-he 176 to 18O- So 180 trips is 90 intothe site, Right. Now 4OZ, as you're saying 40? of 18O would be, excuse me 4OZ of 9O would be about 36 trips. Our assumption is that of the 40?coming from the east., approximately half of them taould dlvert at the 184thj.ntersection so approximately 2O tr j.ps for any one movement as we approach,you know maximum of 2O trips for any one movemen! as He approach the site. BatzLi: WeII, hot^r does that assumption square with I think there might besome representation made and you can dispute this that on the map you'regoing to try and get people to divert to one intersection rather than equa)number to both, AIan Klugman: No. On the map we would show where the site is located inthe metropolitan area and t^rhat the major approaches are to it. It is ourassumption that from the east some uould divert to the 184th and some wouldgo to Dakota Avenue, Balzli: So in other t,ords, on the map you're really not intending to showa preference for one of t.he two intersections at aII? Dennis Palmer: t,e'Il work with the city and show which is most favorableto the City. The State has to give it's final approval. BatzIi: Yeah, I understand that. Dennis Palmer: ...either access. tle don't prefer eiLher access. Batzli: f guess I had two more questions for the applicant. Is itintended at all that Lhis facility might be expanded during the contractperiod with the sLate? tJill it be expanded? Planning Commission Heeting January 2, 7997 - Page 77 Planning Commission Heet i n9 January 2, t99L - Page 18 Dennis PaImer: The contrac! requires t that what we're asking here for is the but we also recognize that uJe've got to approva I . hat we expandability. We recognize -facility. There is room to expand come before this body again to get Balzli: Okay. And then how often. Dennis Palmer: I might add, it's never happened in any It's just a safety valve. There's a 2OOZ plus capacity vo Iume . of the programs. the average daily BatzI i r That leads running at 1OO% with Dennis PaImer: At me to your each my next question. Ho!^, often are you actually test equipment? hour... Batzli: tlhat is your up time for your lest equipment though? I mean are you up 95% of the time? Because looking at the stacking measurements, Iooking aL all these things, you're assuming that aII your equiPment is running at aII times and your equipment j.sn't breaking down so you're operating with for insLance one lane. Stan Krzywicki: Hy name is Stan Krzywicki... Originallv hired an equipment maintenance manager in the Maryland Program and in those facilities...at any one time for any oLher reason... The individua] equipment we had specifically learned i.n...and that is not unique to- the l4aryland program. That is typical in the Illinois Program as well as the tJashington state program. ActuaIIy the equiPment is calibrated every hour to make sure it's accurate. Batzli: okay. The last lhing I was going to ask about, I guess of the sLaff or applicant. It doesn't matter. on this berm when you're coming through the inspection facility, wouldn't it make more sense to Put evergreens on the berm raLher than ash or something that may not be totally blocking for the headlis,hts and things? Krauss: Commissioner Batzli, which berm are we ta.Iking about? The neu one tha!'s being proposed south of Lake Drive is coniferous. BaLzIi: No. The one above the swamp if you tlill. Kraussr That gets to be a subjective judgment. I think there you're going- to uJant some mix of vegetation for aesthetic reasons and also so it blocks a little bit of the building too. The conifers don't tvpicallv grow verv hish. But we'd be happy to listen to anv suggestions Balzli: I guess I'd make the berm double wide and add more Permanent green stuff in lhere personally, My Iast comment is that in number 4I Lhink the- drainage plans should be revised and submitted to the city sLaff for appror.ral. The mansard roof, I think if we urant to include that on more buildings, I think we should talk about it and come up with some sort of rationale as to when ure uould apply i! and when we wouldn't. And in condition 9. Does the words, "have 4 stalls or more" add anvthing to that condiLion or can we just put a period after the word, maybe even afLer the Planning Commission Meet i ng January 2, l99t - Page 19 word building code. AI-Jaff: BatzIi: Iprovide it Krauss: Batzli: Krauss: Batzl i : clar ity Conr ad : Building code requires any operation that has 4 said stalls or that they more. wouldunderstand thaL but I think the applicant and they're only going to have 3 stalls. No, they actually have 4. They have 4, okay. They have the fourLh one around the corner. That's right. I don't know. I guess I'd delete it just forbut Lhat's okay. That's all I have. Jeff. l(rauss: t^l e actually have to look into that and we alsoof using some of the boulevard area in the right-of-waythere's a potential it could spill over into Lhe public But r.re need to get some better information on that. have thefor someproperty potent ia Iof that soas wel I . Farmakes: Risht now as I understand it or what I saw u,as Lhat those arefairly large pine trees that sort of work their way all along Chan Estatest-here. Is that, I Iooked at it and it looked very narrour and once you got done with setbacks f was wondering how, is it a developable piece ofproper Ly? KraLrss: t^le]I there are no setbacks that are applied to a berm. tJe can putit wherever it fits. In the given area we may not be able to get one assufficiently high as we'd like. There is an alternative means of doingthis if the owners of the homes nearby are amenable. f 've been involvedwith projects r.rhere if there wasn't room to do it on the property, Lhat thepartnership or.,ns or in conjunction uith City right-of-way, that if the ouJners of the property are amendable to it, that you can plant trees intheir back yard up against that properLy line. Farmakes: Right now, as I understand it, there's just trees and then sort of just flat. I mean it's just sitt.ing there.question that I had was, has the owner indicated any use forat aI I to you? along the edge The otherLhat proper ty Krauss: You mean on the far side of the street? Farmakes: Yes. Krauss: No. ft's not a developable piece of ground. Farmakes: I have a question for staff. The property south of the proposed site. It's shotrn as a very narrow strip on the Iand use piece. Hou, viableof a piece of property is that to develop once you get done with setbacks? Planning Commission MeeLing January 2, 1997 - Page 20 Farmakes: okay. I guess my commenL on this PIan would also be to see more evergreen along berm as it comes out there. I know the comment was about lights being, in the evening are shining into the homes that are south of TH 5 but it would certainly help that in the wintertime urhen it gets dark earlier. I also agree that because of the sensitivity of that issue, we're going to have a very Iarge highuray veyy, very close to single family residents and I think thaL the roof issue would certainly help visibilitv. Ione it down a biL from what I would expect to see in an industrial park I guess is where it with persona non grata. I think that that would soften things down a bit, at leasL if I was in the neighborhood. It's unfortunate that this has occurred here. I think the problem was a long time ago trhen this was platted there should have been a buffer Lhere and there was not. The single family homes are too cl.ose to the highway. I think that if the builder could make a concession there it would help. That's all I have to say . Ahrens: I Iiked this facility on the other siLe. I know it's not going be raised again but I thought it was, I would rather have this imPact a businesses than impact residential areas. There's going to be the Schroer's farm which is just soulh of the service road right behind the Iine of businesses. tJhat is that over there? tlhere CPT used to be. Conrad: Joan? Folch: That's cor r ect . to few Krauss: Dataserv . Ahrens: Dataserv. That's aII going to be residential back in there too' Krauss: South of oataserv is Eden Prairie and that's residential there. Ahrens: I knou. r know it's Eden Prairie but it is going to be, I'm still- concerned about them even though they're in Eden Prairie. That's all going to be residential and I think that this is going to have an impact on Eden Prairie and Chanhassen residential and I tiked the other site much better. I'm sorry to see it's moving. I have a question about TH 5 improvements and I don't understand something. How will the improvements imPact the Iandscaping on the north side of the site? Is the highr'lay going to move south or nor t h? Krauss: This parcel , this plan was designed with the foreknowledge of what those improvements involved. If you see that triangular sliver of land outlined as TH 5, that's a chunk of this existing Parcel that under the plat would be dedicated for right-of-u,ay for Lhe highwav. So it was designed as I say, with the foreknowledge of how the highway was going to sit and everything being develoPed from a landscaping standPoint is on their property inside that new proPerty line. Ahrens: I have a question about drainage which I guess I still don't understand. Part of the proPerty is going to be drained into the r^ret]and. r i ght? PIanni n9 Commission Meet i ng January 2, t997 - Page 21 Ahrens: And is that going to be draining from the impervious area onto the wet I a nd? Folch: No. That wiII primarily be, Sharmin if you could put up that siteplan again. It's primarily going Lo be impervious area immediately south of the buildins and around the wetland area and there will be a por-tion actually of the site immediately west of the buildins that urill also drain down to the wetland area but primarily it uill be impervious area, grassed area. FoIch: No. Ahrens: As far as the roof goes, I think it's more attractive to not havea flat roof just because I don't like, it's a completely subjecLive commentbut I don't like to drive down the highway and see ever)zthing with flatroofs. I just don't think it's attractive and I don't think just because we haven't required it in the past doesn't mean bre can't do it now so Idon't have any problem urith that. I think the staff report was very good by the way. I thought it was very complete. I think the applicant's comment on point 5 under the conditional use permit is reasonable. I don'tthink that, I think we should protect them from any over zealousness inmonitoring what they're doing on the property and if it is a concern of thecity, that there may be some non-compli.ance going on. Then if it proves that they are in compliance with whatever laws, then they pay for it. Ifnot, I think that's reasonable. That's it. Conrad: Okay, thanks Joan. TelI me about DeIl Road. That will be builtwhen? tJhen do uJe have? Krauss: NexL summer - conrad: Next summer. And it will be signaled? Krauss: Yes - Conrad: Okay. The neighbors are concerned about traffic and the bottomIine is, there's going to be even more traffic or things are going to go there whether it be this or something else. And obviously this applicant can come in and say there's enough, we can handle the traffic load thatthey're going to generate. The study, was there a study? There must have been when we started putting in DeII Road and improving, that ulould justify so many turns and so many, such and such a traffic count for the highway business area. Do we have a study that says how many we can handLe? Krauss: Mr. Chairman, I'm not certain. Certainly there was a feasibility sLudy done for Lake Drive improvements which we've rebuilt that road overthe past summer and it's designed with Lhe foreknowledge that not only are were you 9oin9 to get commercial development on this site but that the area around Dataserv is 9oin9 to develop with industrial office so it wasdesigned with that capacity in mind. That information was conveyed to MnDot and when they designed Dell Road and redesigned Dakota, they designed Ahrens: So there's no concern about pre-treating r.rhatever's flowing into the wet I a nd? Planning Commission Heet i ng January 2, f99t - Page 22 it tlith that kind of capacity in mind. Conrad: So the next time somebody comes in and wants to put anoLherfacility in right next to this property, r,,,e're going to feel comfortabletha! basicall.y Lhe study's been done by HnDoL or us on Lake Drive? That itstill has capacity? HoH many more developments can 9o in this particular I ocat i on? Krauss: On this particular parcel , they're dividing it into two Iots rightnow. I think it's reasonable to think that that Lot 2, depending on whatgoes there, could be further subdivided in half. Under the BH district you.r- can have fast food establishments. You can have gas stations. Variousthings li.ke that. If you get an office building, they may take the entireproperty. In talking to the ourners, they don't have a buyer for thatparcel yet so it's kind of hard to tie them down to urhat's going to happen. From a traffic standpoint though, frankly I think that that's going to pale in comparison to r.,hat's going to be going up down the street on the Dataserv property. DaLaserv, I don't know if it's common knowledge yet but- Dataserv is now marketins portions of that site for industrial office development. They urere initially holdins the whole thing for their owngrowth. They are sti]I holding onto a substantial. portion of it but they are going to be marketing it and I understand that there's quite a bit ofinterest in it. Now as you geL over to the east, more of that traffic'sgoing to be orienled to DeII Road but some of it's going to approach it from the west. tle knew that Nhen Lake Drive was designed and we knew that - when we gave information to MnDot on the highway design. Traffic reports on a case by case basis are real misleading because you'II often find that no one development ever breaks the back of the traffic system unless you're- talking about the Metrodome or someLhing like that. You kno.., it's an incremental thing. tje believe that t^re've handled it as best we can. I'II be the first to admit, Dakota even when it's rebuilt is rebuilL with some compromises in mind. You know it's not built to the standard that you might have wanted because there's a McDonald's sitting in the way on one side and there's a gas sLation on the other but they are getting in aII the full turn movements that they wanted to get and it is fully signalized and - Lhe redesign of TH 1o1 on lhe north side over there is going to help quite a bit too. So yeah, the long and the short of it is, ue think we have a handle on it, yes. Conrad: So r{hen the next developer comes in on the parcel split off and they have an equivalent type traffic pattern seeing tonight, we're still goins to feel comfortable that be handled? that's bei ngto what we're the traffic can Krauss: tJe should , yes. conrad: I had some similar concerns about the wetland. I think I hear staff's comments about why it is. I think I feel Iike Tim. IL seems like -a missed opportunity. It's Iike we're doing something that's going to handle it but, there's two sides of Lhings. There's no presettling into the wetland r.rhich we should have if we did it right. Yet on the other hand we had, it Iooked Iike we had a chance to improve the wetland and really make it a very nice asset. It's probably going to be an asset in the long run anyway but it's just sort of one of those things that I do hear the Planning Commission Heet i ng January 2, !991 - Page 23 staff report. I understand why you designed the drainage patterns the wayyou did but I don't have a solution to my concern. I guess that's the bottom line. I generally Iike the location. I like the business. I likethis in this particular Location. I like how iE looks. I Iike theseparation that was enforced in there by the wetland and the location thatthe building had to go significantly far enough away from the residential neighborhood where the testing site is- I think there's some nice thingsabout it- Have a few other particular concerns however. The roof. l^ledon't have standards on architectural design. tle have building codes but we really don't have design standards do we? tJe don't brick or better typeof standards. We don't regulaLe architecture. Krauss: No we don't but we do have an architectural review componenl inthe site plan and that uras reiterated somewhat when we redid the site plan review about a year ago. You're fully capable on good standing to Iook atbuilding architecture and require some changes. Building architecture isnot something to make or break a proposa.L but it is somethins that the siteplan ordinance does allow you to deal urith. Conrad: But you know developers can't stand the CiLyarchitecture. Beauty's in the eye of Lhe beholder sowhat's the rationale? The rationale is we've startedarchitectural design and Lherefore r.re can continue it Lampering with we're just going to,to tamper with and it's defensibl. e? Krauss: I would usearchitecLural r evi eutat site plans. some is a different wording. I fundamentally believe that]egitimate extension of what we do when we Look Conrad: But our everything. standard now is you're telling me is a mansard roof on Krauss: I would accept a peaked roof as r^rell.. I mean there are lots ofdesign alternatives Lo a flat roof. tlhen ue were, for example uhenHardee's Has looking at the Hanus site, we told Hardee's that you cannotput a bright orange building in downtown Chanhassen. It just won,t fly. The Hanus building we've described, r^re've attempted to work out somesolutions for Lhat. It's become a fairly recurrent theme in our communityand in others - Conrad: [el] do we need standards? Do we need, you know, I don't wantdevelopers thinking that ule're willy nilly on this and we're not becauseI've been here long enough to know that we really don't do a whole lot ofdirection. tle do enough to make sure that ue have some quality projectsout there but do we need some different design standards that guide us orare they there PauI? Krauss: No, specific standards are not there and that was somewhatintentional because I have not seen a good set of specific designguidelines that work in every instance. You know I think Minneapolis andpossibly l'1r . Rockenstein's more familiar uith it than I , you knot^rMinneapolis was reeling from the fiasco of City Center and they're talkingabout, if they haven't already done it, setting up an architectural revierapanel . You know sort of an adjunct to a planning function. I don't think we need to 9o to that exLent. In fact u,e have turo people on the planning Planning Commissi.on Heeting January 2, t991 - Page 24 Conrad: Okay, I'm a little bit uncomfortable. You want so urhat we've talking about is peaking the roofs. Adding t^lhat's your feeling? Other than not having it there. low profile roofsto the profile. - Tom Kotsonas: AesLhetically I think the roof, better than. . . a peaked roof would look conrad: so based on Louer profile, we've got iL pretty low Profile right now from what I can tell seeing some renditions and elevations but if we add a lillle bit of height, that's not going to bother the neighborhood if it aesthetically improves it to our? Tom Kotsonas: I think the neighborhood. . .fact of life that it's going there, then the better it Iooks, the better off it's...evervdav looking a! it. If it's flat and looks Iike "a gLorified garage'...gas station, could make it aesthetically Iook better it helps us in that area. Erhart: Maybe I can help oul . I've listened to Lhis now as we've gone around and I took the firs! position of thinking that we shouldn't Lry to require Lhat but as I've heard the commissioners talk, in my mind I've developed a rationale why we should and that is thaL this building is particularLy ugly in the fact that it has overhead doors. Noul relative to -other kinds of buildings you're going Lo find in this kind of zoning which wiII have a Lot more glass, this building is unique and I think that in mv mind is the rationale that I wiII change mv mind on that Point and mavbe it- sounds Iike you're looking for. t^lhaL's different about this building that we would go in and impress uPon them an architectural standards that we might not do to another building? Conrad: That's good enough for me. I like Brian's comments on the berm. I think we should be pursuing the souLh side of the road too for berming and for Iight protection from the neighborhood. The directional maps that -ure don't have control over yet, we want very much. You knor^r I Hant to leave that condition in. I don't know what's enforceable in terms of the condiLional use permit in the language that we have, I understand it's outside of everybody's control Lhat's in this room right noh, yet on the other hand I think it's reallv imPortant that r^re off Load as much onto DelI Road as possible and a map can do that. Signage can do that. I guess I'd Iike to see that there h,hether it's enforceable by the City or not. In terms of the 6 month revieur, why do we wai! 5 months? Don't mbst of the problems occur in 30 days? What happens after 6 months? Commission who have design backgrounds and some interaction with that. It -, is a subjective judgment and I wouldn't encourage you Lo 90 too far off the deep end into it but this I don't thj.nk is aII that significant a change. One other instance where we did exact some improvement in building design was on the RoberLs Automatic site plan which was for a factory building. l^le didn't geL a peaked roof there but we got better design features in Lerms of window mullions and entrances and the Council. Nas very cooperative- in backi.ng Lhat up. So this is not the first Lime t^re've done it. Krauss: l.J-eI I a couple things. First of all that was language that we took from the final version of lhe new ordinance that would make these things a conditional use. It was a standard that we discussed last faII so we just Planning Commission Heet i ng January 2, 7997 - Page 25 appLied it here. Also, I think that when issues uere raised about how these PLaces ot)t)r'al ir or operate in other states, Sharmin contacted thoseother staLes and other property owners around there and it became clearthat if, it's like anything else. You know if a neu, restaurant opens up,you'd rather not Lry it the u,eek it opens. You want them to figure out howto get organized. It would probably be punitive to do it in the first month and 6 months allows things to settle down and take a more normaL course and probably be more representative of what's. Conrad: of the future you're saying? So rather than helping or mucking upthe works in the first 30 days when there's going to be problems, let's make sure it's good for the future after 5 months? Okay. I buy that. Ialso buy the fact or the logic of the applicant saying hey, they'II pay for Lhe first one. If the City wants to do more, lhen r^re should pay if thereare any problems. I Iike that Iogic. I don't think, the City didn't implythat we were going to do more than one and the wording is not there that weare yeL from the applicant's standpoint, that's sure an opening and I suredon't mj.nd what the applican! was suggesting in that yegard. Those are my comments - Anything else? Fo]ch: That's correct. Both PCA and Department of Hea]th permits wiLl berequired. Department of Health comes involved when anytime you,re doing awatermain extension or construction and that is proposed on this project. ErharL: Is that proposed or is that a requirement? Folch: Pardon me? Folch: It is a requirement. Conrad: Anything else? Is there a motion? BatzIi: I move that the Planning Commission recommends approval of SitePIan Review *90-11 shown on the Site Plan dated December 3, 1990 subject tothe folIowing conditions. Number 1 as written. Number 2, follouring 2(c),the word intersection include the parenthetical, ( subject to MnDot approval ). Number 3 as r.rritten except 32 feet uiII become 36 fee!. Number4 as written except at the end of the second sentence add the words, andshall be submitted to city staff for approval. Number 5 as uritten. Number 6 as written except the end of the second sentence add, and the berm betr^,een Lhe facility and the area marked "swamp'. Number 7 as writLen. Number 8 as written. Number 9, insert a period after the word code anddelete the rest of the sentence. Erhart: Yeah, I have a question, Sharmin, in item 7 under the Site plan Review where Lhe applicant questioned declaring permits of PCA and Department of HeaLth. Do you know in fact that those are required or arewe just t.hrowing those in there? Folch: Haybe I can comment on that. Erhart: Char Ies r ight? Erhart: Is i.t a requirement that you get approvals from both those? Planning Commission Meet i ng January 2, 7991 - Page 26 Conrad: Is there a second? EI Ison: I'II second - BatzIi moved, EIlson seconded that the Planning Commission recommend approval of Site PIan REview S9O-11 as shown on the site plan dated December 3, 1990 subject to the following conditions: The applicant must provide a mansard roof on the ProPosed building. Plans must be submitted and must be approved by city staff. Plans shou.Id also illustrate screening for HVAC equiPment. tlood slat screens are unacceptable. 1 2 The applicant must on site . Provide a Ho nume nt On site obtain a sign permit prior to erecting any signage sign plan incorporating the folloteing elements: signage incorporating waiting time information.a b d i rectional signage as outlined in the report. MnDot/Hr^,y 5 signage to direct westbound traffic from Eden Prairie to enter the site via the DeII Road/Lake Drive intersection' ( subject to l'lnDot apProval ). Revise plans to eliminate the public street and utilize the private dri.veway. The driveway shall be designed to incorPorate a 36' wide curb and gutter , storm sewer and a 9 ton design. Plans to be aPProved by lhe city. A permanent cross easement and maintenance agreemen! acceptable to the CiLy Attorney shalI be drafted and filed against aII current and future lots in the Chan Haven Plaza 3rd Addition PIat. The applicant shalI obtain a Permit from the t^latershed District and comply with aII conditions of the Permit. Drainage plans shall be revised as outlined in the rePort and shall be submitted to city staff for approval- tlhen the easterly Portion of Chan Haven Plaza 3rd Addition develops in the future, Lhe storm sewer outlet south of the cul-de-sac shalI be extended to the future detention pond and the temporary ditch shaII be eliminated. Type III wetland. erosion control shall be used along the edge of the class B Landscaping along the south side of Lake Drive East shall be Provided to ensure screening and provide privacy to the homeowners Iocated to the south of Lake Drive East. The aPPIicant shalI provide additional Iandscaping along the north side of the Lrash enclosures and the berm betueen the facility and the area marked 'sr.ramp'- The aPplicant shalI also provide staff urith a detailed cost estimaLe of Iandscaping to be used in calculating the required financial guarantees. These guarantees must be posted prior to building Permit issuance. The applicant shall construct the sanitary setJer and watermain and street improvements in accordance with ciLv sLandard sPecifications and sha]I prepare final p.Lans and specifications and submit for citv 3 4 6 7 Planning Commission Meet i ng January 2, 7991 - Page 27 approval . from MnDot Agency and The and the applicant shall acquire a utility construc!ion permit acquire the proper permits from the Pollution Control Department of HeaIth. I The applicant shalI enter into a development contract with the city andprovide the necessary financial securities as required. The appl icantbuilding code shall provide flammable uiaste separator as required by AII voted in favor and the motion carried unanimously. Conrad: Is there a motion on the subdivision? 9 EIlson: I'll move the Planning Commission recommend approvalSubdivision as shown on plat dated December 3, 1990 with theIisted in the staff report. Batzli: Second. Conrad: tJas there any discussion on concern on (e) didn't he? item (e)? I think the applicant had a of conditions Ellson: But he was sayingout with Lhe landowner andthe best way to do that. t hatiL's was in one of thosehis rights to things do that that so he has !o wor kthat's pr obab I y Emmings: It applies to the whole property, not just their property. the wordage on (3) then? really talk about it much. Conrad: Are you comfortable with Batzli: I don't know. tle didn't Conrad: Any other discussion? EIlson moved, Batzli seconded that the Planning Commissionapproval of Subdivision as shown on the plat dated Decemberthe fo1lotrin9 conditions: recomme nd 3, 1990 with 1. Park and trail dedication feespermils are requested. to be assessed Eit the time building 2. Provide the followin9 Standard dra i nageIots. easements: and utility easements around the perimeter of aIIa b Drainage and conservation easement located over the wetland on Lot 1. Thirty foot wide utility easements centered on sanitary sewer and watermain located ouLside of public righLs-of-way. c Planning Commission |4eet i ng January 2, f99! - Page 28 d f e Drainage and utility easements dedicated over Lot 2 to accomplishthe temporary drainage ditch and future extension of storm sewer. Dedication of required right-of-way along !he HNy accommodate the Hwy 5 improvement project.5 fronLage to cross access and utility easements located over the proposed private driveway. These easements shall run in favor of Lots 2 and ary future subdivisions thereof and shall be drafted in manner acceptable Lo the City Attorney. This easement shall be drafted and filed concurrently with a private maintenance agreement acceptable to the City. L a aI and so There js currently a drainage easement running in favor of the City- over the northern portion of the property. This easement is no longer required and the applicants have requested that it be vacated by the city. Staff is recommendins that this be aPProved, however, this action is undertaken by the City Council and does not- require PIanning Commission consideration. AII voted in favor and the motion carried unanimously. conrad: Conditional use permit? g Erhart: Before r^re do this one, does staff have to remove essentially item 2? The three tlords, conlended that those maps could not be apProved approved by staff. Any comment on tha!? Krauss: tje'd Iike the that's the best ure can any response to !he request approved by staff. They by staff or shouldn't be ability to review it before it's send to MnDot. If do. Erhart: Revrewedi Krauss: Right . reviewed r ight? Conrad: Is there a second? Batzl i : Second. EI Ison: Second . Conrad: Any discussion? Ahrens: I didn't hear what you said about. approved he wantsEllson: rnstead of the word Erhart: I did not change 6 in that I thought urould do the inspection after 6 months - the consensus was that we Erhart: okay. tJith that I'11 move approval of conditional use Permit #90-5 subject to Lhe following 7 conditions listed excePt on 2 change the word approved to reviewed. Planning Commission Heet i ng January 2, 7991 - Page 29 Conrad; Right, and Joan was asking about number 2 right? Erhart: I change the word approved !o review. Ahrens: I r,ias talkins about 6 EIIson: The second line in 6 the applicant was concerned that somebodyreading that could mean 2 years down the Iine. if they believe there,s aproblem, they could ask for it. In the way it's written, maybe it does askthem for that. Ahrens: He talked about the City paying for it. EIIson: Right. So maybe it compliance report, somethi ng we put it in? should say something Iike afler the initialabout the expenses attached or is this where Batzli: See I would prefer to delete thatthan to commit the City Lo pay for the test Erhart: Yeah, I agree with Brian. Emmings: The City can always decide to do Ahrens: I'II go along with that. Erhartr So amend the motion to delete Iineparagraph 5. Batzli: And I'II resecond it. Erhart moved, Batzli seconded thatapproval of Conditional Use Permitconditions: sentence in it's entirety ratherpersonal Iy . it's own test. 2, paragraph 6. SenLence 2, the Planning Commission recommend *9O-5 subject to the followins 1, Compliance with conditions of site plan and plat approval . 2 3 Provide direction maps revielred by staff with eachtesting is due. The maps shall clearly illustratelhe site from DeII Road rather than Dakota Avenue. notice that and promote vehicle enter i ng Applicant is required to maintainState of Hi nnesota . contract to provide services urith the 4 5 6 sold at the per for med Maintain site in compliance h,ith State and Federaf air and noisestandards. After 6 months of operation, a compliance report shalI beprepared by the applicant and supplied to the City. No repairs No testi ng AII vehicle or stac k i ng to be performed or gas or parts of diesels or heavy trucks to be site. at the siLe. stacking and parking Lo be in designated areas. No parking is allor.red in fire Ianes, drive aisles, access drives or 7 PIanning Commission t|eet i n9 January 2, t99l - Page 30 public rights-of-ways. AII voted in favor and the motion carried unanimously. Conrad; These three, this project wiII, Council, the 28th? The 2ath of January. Appreciate your time. Conrad: Are there any other nominations? there any other nominations? Tim, do you the site plan wilI Thank you all for go to comi ng City in. ELECTION OF OFFICE OF CHAIR AND VICE-CHAIR. conrad: Under neu business we have election of office of chair and vice-chair. I'I1 precede that just a bit. I think the last year I decided to stay as chairman simply because we had comprehensive plan to PIay around with and many though! that it was a good idea for me to continue on. I think there is time to find somebody else amongst the 7 of us, the 5 of you to take over as either chai.rman or vice-chairman. I think it's real appropriate that different people get experience so I'd really Iike to take- my name out of the running for that and I think t^re should offer nominations for chairman and vice-chairman. Erhart: tlhat do you think Jeff? Are you Farmakes:AMIUP t^,ell I'd I second for i!? I don't even Er har t:nomi nate Steve Emmi ngs BatzIi:ir. conradr Is there any discussion? Batzli: I think we've done it by secret ballot. up for it? have a plaque yet. for Chairman. So his ula nt to name PIav a IS nomi nated . Are role? there isn 't anyone here I think in a Iot of Erhart: I'11 play a role if people want but think he's lhe senior member here other than is very high and I think he'l] do a good iobalr ight guy you knour. my nominating speech is, Iyourself Ladd. His attendance Other than that he's an Emmings: Can I say something on my own behalf? ..,! IBatzli: He's got Lo prove to be kindler and gentler though I think. Emmings: t"lell the only thing I'd like to say on my own suPPort is the ''] money that I sent you in your Christmas card, you get to keeP no matter hou' you vote. And I don'L L,ant you to take into account the fact that I'm dying of a very rare tropical di.sease and probably won't be able to finish 'r my term. I don't want your symPathy. I Erhart: can I retract my nomination? Emmi ngs: I'm interested who would do it as well doing it. I think that Ladd has for so long and in as Planning Commission Heeti ng January 2, t99t - Page 31 r^rays Ladd ousht to keep on doing it but I'd Iike to do it. I,d like tohave the experience of doing it and I'd like to be able to call on Ladd forhis comments and. teII him when he can talk and when he can,t talk. Conrad: I think it's real good for people to rotate into the chairman roleand I can steer it certain ways and you have so much energy and I thinkit's time for new energy to spend time up here. I think we've goL a pretty good Planning Commission so I think many of you could take this role veryeasily and perform the job and persuade the community that ue,re acLuallypaying attention to them. Are there any other nominations for Chairman?None? Okay. So we have Mr. Emmings nominated. Are there any nominationsfor Vice Chairman? Chairperson. Batzli: Tim, would you Iike to be Vice Chairperson again? Erhart: Oh, I would do it asain. El Ison: I'1I nominate Tim. Erhart: I'd be honored to do i.t again. On the other hand, if somebody,Brian, if someone else uould want to do it. Batzli: I might as well say this now. I'd like to chair one meeting but Idon't want to be Vice Chair aL this time. I'd like the opportunity tochair one meeting at some time or another. Conrad: Can we do Lhat? I think we can. I Lhink we can without being nomi nated or appointed as the Chairman or Vice Chairman. Okay, so Tim hasbeen nominated for Vice Chairman. Is there a second? Emmi ngs: I'11 second it- conrad: okay. r don't know where |m going r.lith this nomination becausewe've always, I don't know how we've done it in the past. I think we mightas wel] vote. Erhart moved, Batzri seconded to appoint Steve Emmings as chairman of thePlanning commission for 1991 . Atl voted in favor and the motion carriedunanimously - Ellson moved, Emmings seconded to appoint Tim Erhart as Vice Chairman ofthe Planning Commission for 1991 . All voted in favor and the motioncarried unanimously - APPROVAL OF I.IINUTES: L add 1990 Conrad noted theas presented.i,linutes of the Planning Commission dated December 12, Mayor Chmie]: Happy New Year to everybody. Don. Thank you all for shouring up. t.las there some otherall here tonight? I have to ask. Conrad: Than ks reason you hrer e Planning Commission Meeti ng January ?, 1991 - Page 32 Batzli: Are we 9oin9 to talk about goals exLensively? Conrad: Yeah. Batzli: Do t.le want somebody to stick around maybe? Conrad: [.le're talking about goals of the Planning Commission Lonight in a couple minutes. I don't know. I guess what Brian is saying, do you want to stick around and listen to us chatter a little bit more or do you want, Don do you see a process working here for us setting some goals, bouncing them up to you and you adding to them or deleLing from !hem? Mayor chmiel: tJe're estab.Iishing, I'm setting goals for Council as wel]. Give the Council some direction as to ulhat He Hant to do' accomplish for the city and l think going through your development goals, I charged Ashworth to come back to each of the department heads and have those People apply goaLs and settings as to what they feel they Nant to accomPlish. He then in turn takes one of the most important goals from each one of those department heads and then follows through on it so I'm trying Lo get a Iittle bit of consistency and direction so we can do that. I think for each of you to come up with some goals that you see Particularly, that can -be incorporated into PauI's goals... conrad: tjhat we need, and we did a little bit last year . t^le got your feedback and pretLy much of it was comPrehensive PIan oriented but out of us tonight may come 4 or 5 goals. In my mind the fewer the better and ue'Il pay attention to them but I guess what we really want vou to do is le]I us that they're worth r.lhile pursuing. They make sense from the sLandpoint of where you're going and where the city should be. So f guess Brian is suggesling maybe you should stay. I don't think you should tonight while r^re sort of swat them around but I guess what we need is Lhat feedback saying they're right or wrong or add this or Prioritize them according to your particular needs. Mayor Chmiel: Anybody can call me at any I'd be more than happy to but I think that those back and forth.-. I don't think we for that direction. . . time and discuss it if you would.- should be your direction to Pass need that direction or to be here conrad: okay, good. Thanks for being here. CITY COUNCIL UPDATE: Conrad: City Council update Paul? Krauss: There have been no City Council meetings. N ISCUSSION: conrad: PauI, you've shared with us your goals with Ashworth. Krauss: The Hayor just made a reference to dePartment heads having to develop a goal sheet and we've had to do that for several years. t^lhat I included in here is basically my goal statement to Don and the City council Planning Commission Meet i ng January 2, !99t - Page 33 which includes a reiteration of the goals that I set for the departmen! in1990 and what u,e did or didn't do on them and then established some for799\. No!.J no! aII those are specific to tasks that the planning Commissionneeds to do. Some of them are adminstrative in terms of how we functioninternally but you should know about them anyway because they do have abearing on our work and some wiII have a lot of repercussions or a Iot ofwork that you've become involved with. You knob, the two things that comemost quickly to mind is ule've, you know on l.,londay night you're going to bepresenting the Comp PIan to the City Council and hopefully it wiII get through the CiLy Council relatively quickly but then we still have to getthat thing through the Metro Council and I believe Lhat lhere may be somesort of give and take dialogue lhere that you'II want to become involvedHiLh and then we need to get the plan up and running. Also you've madecommitments Lo doing the 1995 study areas at some point as a next workprogram so you'LI need to undertake that. The other big work item for thePlanning Commission, we're not exactly certain how it wiII set up yet, isuork stemming from the surface water utility district. t.le envisiongenerating new plans for, weII we don,t have any plans for water, but forwater quality, wetland protection and surface !^Jater management. On two ofthose, wetland protecLion and waLer quality, r think that representation ofthe Planning Commission is going to be very important. Now I've beentossing these i.deas around and of course since Gary Warren's left the Cityand Gary and I were doing this in tandem, it's kind of falling on myshoulders bu! I envision hopefully setting up some sort of a task forceformat to work on those, IdeaIIy r,lith some representation from thePlanning Commission and possibly somebody from the City CounciI. soireresidents off the street who have an interest in the subjec! and r think itwould be only fair to have some of the developers having representation onsome of that too because they're the ones we look to enact a lot of thesethings. But that will be significant and the work will be extensive andtha! wiII probably extend over a 2 year period and I'l.l have to keep youposted on tha! as that comes down. I,m also sending a copy, along with mygoals I'm sending a copy of the on going issue sheet attached to my memo tothe City Council so they know not only what my goals are but r,,hat the worktasks are that we've talked about resolving at the planning Commissionlevel lt r.rouLd be useful for us if we could focus in on a few of Lhoseand t^re've begun to do that but really tel] us which ones we should hi!hard. Right nou Lhere's been a IuII in development activity although JoAnn and I have had recent calls and it seems to be, you knoh, people arestarting to think about spring and as bad as the economy is, some peopleare starting to look at doing some things. And if the comp plan is inplace by this construction season, that will probably encourage that alittle more but right nou, we do have some opportunity to tackle things andwe're on task Eo address some of those things. The rural area issues beingone. Jo Ann, what are the other things that we've been uorking on? Someof the stuff that you've been doing? The lake issues and. Olsen: The lakeshore. The shoreland ordinance. Krauss: [^Je've been looking at, well off the worksheet. Little things Iikedefinition. of structures is something we need to get in there. l^Je lalkedabout doing some work on group homes. There's been some federal courtrulings that affect how cities can regulate or cannot regulate group homesand it may not resolve any changes to our ordinance but we thought it Planning Commission l-'leet i ng January 2, 7991 - Page 34 should be relooked at at any rate so we're all comfortable uith that, Just- skimming through here, remember when we had Lhe ordinance tha! we adopted to require posting of signs on lots? The signs are being made as we speak. In fact they're probably alI done. They're quite attractive looking so that wiII be, we'Ll be putting that into use in the coming year so you'll be seeing those signs around town. I don't know, f guess right now we'd Iike to see what your priorities are. Things that might not have made iL onto Lhe sheet and tell us what sort of direcLions you'd like us to go in and we can organize our time accordingly. Conrad: I think it's open. I think b,hat you see are some of the things that PauI is thinking about. Some rehashing of last year and a little bit of direction setting for this year. tlhat else? t^lhat specifics do you see after -taking a ]ook at our open ]ist of on going items and some of those are dealing trith zoni.ng ordinances. t^lhat do we need to get done in 1991? Erhart: t^,hat about, is this open discussion now? Conrad: Yeah - Er hart: What discussed, nowfuture we may somet h i ng? about we 're have to revl.srons geLt i ng 90 to to downtown plan? tJas it the ]ast meeting we- information from the consultant. In Lhe .Lanes on the thru street and is that4 Krauss: oh, yeah. Conceiveably it's something that you may become involved with. Commissioner Erhart's referring to the Stragar-Roscoe transportation or traffic analysis that we've got in the downtou,n. Their scheduled to so before the HRA later this monLh. They're not going to be able to finish their modeling. Their modeling requires that thev do a Iicense plate survey to see where peoPle are turning and coming from. They- can't do it until lhere's more daylight so it's probablv not going to be urapped up until Harch sometime but it could have significant bearing on the construction or reconstruction of streets downtohrn. Not^, since you were- involved r,rith some of the design issues of should there be a boulevard and a]l that kind of stuff, it urould be reasonable lo think that vou should be given an opportunity to look at any reaPPraisals. Right now this report's only dealing with Lraffic. It's not dealing with anvthing else. That mav - have to come laLer. That's a good Point. Erhart: That may be something and ask a feul quesLions? more for 1992. Can we just 9o through here conrad: Yeah, go ahead Tim. I'm really just leaving it oPen. I'm kind of- curious r,JhaL you guys think we should be doing. Erhart: okay. on item 2 here on your wellands protection program, you've outlined in here and verbally summarized it. Beyond the storm water thing,- do you have specifics that r.re should be dealing, that you envision we'd be wor king on? Kr auss :oh yeah. Give me just aLrnat"t:quick, an ordinance change? Krauss: Yeah. I envision basically building on what we have but developing an ordinance that takes into account t^that the value of thewetland is. tJhat is it in the particular wetland ure're trying toprotect? Is it wildlife habitat? Is it aesthetics or what and tailoringthe ordinance to meet those specific demands. Ordinances today, nerrrerordinances today haven't been able to do Lhat. tle should reasses the waythat we've required wetland preservation and plats. You know we've got a number of years of experience in dealing HiLh our wetlands ordinance andwe've been able to see what the good points are and what the problems havebeen in administering it. I think u,e should basically do an issuesfinding, a fact finding analysis of NhaL's right and what's wrong with ourordinance now and then have the consultant brork with us and tell us what new technologies we can use and what we want to use. Erhart: t"lhat's a problem that we'd face with the ordinance...in the Iast YEAY? Krauss:ir.A fundamental problem is that there's no official map tha! sho!.rs Ellson: Risht. Peop]e claim they don't knour that they had it. Rernemberthose coming through? Erhart: t^ie]I that only occurs, that f can remember, that somebody wasissued a building permit. Somebody came j.n with a single familyresidentiaL building permit for a garage and they built on the wetlandbecause that Hetland, someone didn't match that permit urith the map_stiII don't know that that building department would match that permitrequest with the map. I Krauss: We wouldn't ask them to. We want to do it ourselves. Er hart: Instead of? Krauss: WeII, we're in the loop now so it's ouL but ue still don't have a good source tobeen, we've made mistakes because of it. our obligation to find that reference and there's still Ahrens: t^lhat do you do now if somebody comes in with a permit application? Krauss: If we have the time, what we do is we take out the aerialphotographs and we try to see if we know, have personal information orhappen to know !ha! there's a wet.Land in the area off the aerial and thenwe'II ask for more definition. Ahrens; t^lhat if you don't have time to do that? Ptanning Commission Meeti n9 January 2, 1991 - Page 35 Erhartl No, but f mean wouldn't it occur here? If someone comes in with agarage to the building department, are they going to check with your wetland map to see if that garage is going to be in the wetland? Krauss: No, but we changed the permit process so that we sign off on allbuildins permits. Planning Commission Meeting January 2, 1991 - Page 35 Krauss: t^JeI1, lhat's where things fa11 through the cracks because there is-not a great single source to Iook at and that single source to look at, notonly would benefit us in our reviews but Ne've had plats done where the surveyor goes out and shorls a uetland contour . [.le don't know whaL wetland -contour that i.s. ofLentimes it's where the surveyor got his feet wet. Is that where the vegetation is? Is Lhat really what r.re're trying to protect? And then another surveyor goes out Lhere when the house comes in and they survey a completely different Iine and when we overlay these things ue're going wait. [^le're not talking about the same thing and ute don't have an elevation to give them. tje can't say Ehe wetland is the 99o contour. Developer's surveyor, you're supposed to show the 99o. The builder's surveyor, you're supposed to show the 990 and everybody agrees on ulhere it is and that's where the easement's recorded. [.le don't have that. Ahrens: ttell if you don't have any idea there's a wetland involved in apermit application, does anybody go out there? Krauss: t^J e of ten do yes . Ahrens: Sometimes you don 't? olsen: You get pretty familiar with t"lhat's out there and where they are. AIso on the permit we now require the developer, whoever's filling out thatpermit, to check whether or not a wetland exists on that site. Ahrens; So you're relying on them to say yes? olsen: Risht, that helps you know if and if they can also determine, again will get more of the burden. Ahrens:. . .a wetland is. OLsen: But it makes Lhem investigate is or whatever. It puts a little bit not full proof though. us as to whether if there burden on them. . . It's we have a map that that doesn'L catch t hey them look at but itcanaII or quesLion more of the ErharL: You're vision is that this map someday in the near to have aII these on a computer so that when somebody comes building permit, you could Put uP the Parcel number and the have. future isin with a computer 90l ng- uiII Krauss: IdealLy one day we will have a GIS system that but before Lhat happens what we tlill have is overlay on the half sections uhere each water body there's an elevation set. that aIIoNs you to do a series of maps that is number and typed and lhat, this large sum of money is for a uretland maP In other urords, establishing elevations of every Did you include that? Erharl: So the money i ncluded eIevat ions? wetland in the ci ty? Krauss: Nb, that's included in the program and the reason for doing it now is we need to get lhaL information for our flood control Pl.an anvwav. I mean we've got to know where aII the water's going to and coming from and Planning Commission Meeti n9 January 2, 1991 - Page 37 what elevation it f ]or.ls over into the next u,ater body downstream so we'regoing to be out. there doing an analysis on every u,ater body in the city anyrA,ay for the surface water management plan. This is when Gary and Istarted talked about it we realized there uJas a lot of overlap and itshouldn't be surveyed turice. Erhart: That exisLs - Krauss: No it doesn't. Krauss: p i eces No, h,e don't have an overall drainage plan for the City. llle haveof the city that have drainage plans. Erhart: The t^Jatershed should have all that. Erhart: Then once you've got it you've got to keep it up. Krauss: WeII it's kind of, it's self maintaining at that point. I meanthings don't change until we change them. f mean the natural topo won'tchange unless we approve an aLteration and then that alteration becomespart of that plan. This is noE cutting edge stuff. This is somet.hing thatmost communities who are developing as rapidly as we are certainly, havealready had the benefit of. tlhat we want to do is take it one st6p furtherand have the water quality plan in there. That's different. That,s new. Erhart: Uhat I r.ras getting to though, I mean I guess I find our ordinance,it seems to me they work pretty good right nohr. tJhat you,re referring tothere is checking on buildins permits. Do you see any gross holes in ourordinance that you see in addressi.ng number two there? OIsen: Just defining wetlands and define the edge. Define exactly what aC]ass A and wha! a Class B and what exactly you can do in a Class A and aClass B. Yeah, it's difficult because each time it's different. you haveaIl these different parties, DNR, Fish and tlildlife, Corps of Engineers whoare involved and it'd be nice to have something more consolidated with it. Erhar!: I'm not sure you're going to change all lhe approva) bodies? Erhart: tlhat the drainage of everything? Krauss: No, they don't. The tlateshed District's talking in very gross terrns about what's feeding the major tributaries that they deal with. Theyoften don'C know what's upstream and they, like us, are forced to having toreview every project individualJ,y. Like the one today. There is not anoverall drainage plan that shous that there should be an 18 inch pipe goingthat way and it's going to go to an impoundment that we,re 9oin9 to acquiredownstream. AII we know is that that site drains in 3 different directionsand we've got to figure out hota to handle it, And we've got to figure italL out on that site because we don't have any alternatives. t^lhen we havethis planning done, e can say Lhat the intent is for this parcel to draindownstream. t^le don't want a liLtle rinky dink retention area on thisproperty. l.le may want the developer, instead of building it on theproperty, to pay into a fund so u,e can buy Lhis pond downstream. There's alot of flexibiLity there- Planning Commission f,leet i ng January 2, l99f - Page 38 Olsen: tle]I no, Ne're not changing but there is a group of wetland forum lhat's working together trying to come together with agreement on what should be protected. HoN they should be protected and everyone sees the problems because developers don't know who to go to and we're. trying to work with that and improve what we've got. Krauss: No. They're not broken out that way at aIL These are work tasks- that I have done. Erhart: I have some other questions Lhough here. Data Processingcoordinalor, Is that a neuJ person? Conrad: Let's get Er harL: AIright. Kr auss : Er har t : Kr auss : Erhart: I 'I I back off . off this. No. That person's been here. It's Tom Chaffee. okay. Senior Commission. t^lhat's the Senior Commission? Krauss; That's ne!^r. That's an outgrowth of the Senior Need's Study Lhat was funded r.rith federal block grant money }ast year that we comPleted. It was a far reaching study. It didn't have any preconceived notions but He recognized the fact that t,e have a fairly large number of seniors in town and nobody was really aware of what if any needs thev had. t^lhat was Iackins? l^lhat needed to be Provided for them if anything and there utas a task force that Lhe Mayor aPPointed to look into that. The outgrouth of it uas the study r.ras completed. It found needs for housing and transportation. Ultimately for an in town senior center probably with some dining, facilities. SLartling to me, we have about 8OO or 9OO seniors in the community right now and that number's going to increase rapidlv. I was- astonished to realize that we had that many and you think of Chanhassen as being a relatively young families and blhat not. But one of the recommendations was not to let the study sit on the shelf and gather dust but to provide some mechanism to bring these things about - So the way tha!- that r^ras approached by the Council is that they appointed a Permanent Senior Commission which functions as a Planning Commission or Park Board or anything else and they'lI be revieuing senior issues Erhart: Do they meet on a regular basis? Krauss:T hey Here? wiII. Er har!:And your department's supposed to do their work? Erhart: okay, but you had that lisLed as a planning. I interpreLLed this -and maybe I got this wrong. I interpretted that the first I were here wereplanning commission goals. Emrnings: That's 1990 and that's 1991 . The first group is 1990, Krauss: Yeah, we pick up on alldoing the recycling and SharminThat's alI planning functions. t hese and Jo thi ngs . Ann have You knor.J Jo Ann's been been doing Southwest Metro. Ahrens: Of course noa that the comprehensive plan is out of the uray... Conrad: t,lhat else? Steve, what do you think? Do you have some goals? Emmings: Yeah. I'm going to exercise and eaL right and that basically,goals to me always sound Iike that. TheT're resolutions and I'm not ascomfortable with talking about broad goals as I would be, I like our ongoing issues sheet. I think there's a whole bunch of stuff on there thatneeds to come off and we ought to maybe reprioritize what's on this sheetbut having a little work agenda like this, specific items thaL r.re b,ant toget done, this is where I think we ought to start is with this sheet.There are at least a half a dozen items that can come off here becausethey're done or they're things that we don't do. There are things thatthey do that ure don't do. EIlson: Li ke computerize fiIes. Emm i nss : lhere. I Yeah, don't computerizing ]and use files is knou uhat that's got to do with the one that I noticed us- you want to get something, 1991 . That's this. Krauss: I didn't propose these as, this memo wasn't made up as your goals. Emmings: No, no, no. I'm understanding that and I don,t know Ladd. Ifyou Nant to talk about broad goals of the Planning Commission, I don't knowwhere I'm comfortable talking about this sheet of specific items. Conrad: Uhat I'm trying to do is say hey, what things do we really ulant to get done ifin Erhart: [,JhaL were our goals last year? Conrad: comprehensive PIan primarily. And I think a lot of the thingsthat we accomplished that have fallen off this u,ere some very specificzoning ordinances that He cared about. In fact I,ve got the January Sth,1990 list of what we started out r^rith and you knour, a fair amount has comeoff that list. I think what happened Iast year we submitted some stuff tothe City Council and it came back and Ne probably forgot about !.Jhat r^,ereally said we were going to do over the course of the year but I lhink wegot, we didn't go and look at that specif icall.y. I think we moved aII theitems ahead that we were generally concerned r.rith buL again the goalsetting from my standpoinL is to tell staff and City Council where we,dIike to spend more time. It's our chance to tell staff that we, they'regoing to be directed by City Council to do some stuff. t,e have a chance toprioritize some of their time right not^r and if we don't do it, then they move us. Basically Lhey dictate where wi:'re going which is acceptable aslong as rr,e agree Lhat He don't have anything that supercedes theirparticular needs. So the process that I just brant to go through right nor.ris make sure that we agree h,ith r{hat, on the things that we control , that h,e agree with where PauI's taking the Planning department this year and do ure have oLher priorities? I think Tim would have Lo say that re-evaluatingthe 169, Lhe highway business down south is very important and I would Planning Commission Meet i ng January 2, l99t - Pag'e 39 Planning Commission Meeting January 2, 1997 - Page 40 Emmings: But maybe the way to to do it around this work list to put thinss on here. This is EI Ison: our r^rish Iist. Emmings: Yeah.specific tasks. Conrad: I think brings up in his this discussion, you know Lo me isthis is, we've primarily asked staff-organize because more - This has been our list of things to do as opposed to a you're risht but there are also broader things that Pau.I memo. The revisiting the wetland issue. Emmings: That's on here. That's on our work list. Emmings: Number 2 under other items. I don't have anything that's not on the sheet. Conrad: okay, nothing else on the sheet. Anybody with something besides what's on the sheet? Batzli: tlhat's on the work list? conrad: Yeah. E]lson: I thought of one thing but I'm not sure it's reallv, I don't know- I'II just kick it out and wonder if it's something that we would be involved in or not. [^re zone and we spend so much time Planning and we've aII got it in our head what we'd love Lo see in these different places. Can h,e gel the staff or does the city ever actively 9o out and recruit these kinds of things? tle kind of Ieave it up to the developers to come through and then, oh we realLy didn't have that in mind and we try to control them as best we can to the conditional use even though it reallv wasn't in our plan uhen r.re pictured it. I mean is there a way that we could go out and pursue and actively recruit the kinds of things we wanted? Ne got to the point where we had so many convenience things downtown we u,ere really disappointed. t^lell ure let it come in as it came in- r^rhich is the rule of the marketplace yet if we tried to actively recruit and we probably don't have any funds to give People great deals but we were saying fo-r example when the gas station was Leaving. There goes the only service center in aII of Chanhassen. t^there are people going to get their cars repaired? tlelI, we could have gone and actively pursued either via the staff or I'm not sure if it's in our jurisdiction but try to get the things that we feel are going to make Chanhassen better in what we Pictured- in planning and I don't know hou that would fit in here but I iust see that we waited for it to come through and then we try to makeshift it to be the best it can be. tJhy not go out and get HhaL b,e want or at least try. And the other thing is communication. !.le hear it so often that people didn't know. Maybe the 5oo feet Lhing we were talking maybe should be exPanded' These other people in the industrial Park for examPle felt realIv slighted that maybe they weren't within 5OO feet but thev were certainlv affected bv- agree with that. I r^rould feel uncomfortable if ure didn't have that finished sometime in 1990 Conrad: Is it? Planning Commission Meeting January 2, 1991 - Page 41 these things and maybe we should reLook at what we notify people. I remember I mentioned it Iast time. Is it Horth trying to get more press time on us or somethine like that before it gets to the Council where it'sreally in the paper. People feel that it's too late. You've'already had,you knoh, your commission recommend it and now it's going to Council and I feel now that I'm reading about it I've lost out and I didn't have my chance at it. Those are the two things that I keep thinking of. ProactiveI guess is trhat I'm thinking in those two aspects Lhat aren'L really work items but things that I sure would like to try to proactively pursue but Idon't know how, tjhaL do you guys think? conrad: So you Lhink that communication needs some help? Ellson: tiell on our level . People read about it when it hits Council and if we have told them, come a! the Planning Commission level and go whatever. I don't know that they're getting enough at that Planning commission leve] and they feel again that they're being slighted and it's all decided. I mean you hate hearing from this guy that says our neighbors feeL it's not worth comi.ng. BaLzli: I think Steve should write a column for the local paper. EI Lson: There you go. BatzI i : ElIson: kind of Conr ad : El-.Lson; Batzli: Kr"auss: BatzI i : EI.Ison: I hIS IS apr oPos CounciI. Conrad: EI lson: here. BatzI i : cour se aII got Conrad: hear d . 90L IT gr eat . but you of guys Steve's t^lorld, ue'lI caII it. Like t^layne's t^Jorld. tle]I that's an idea but do you know what I'mgetting aL? tJel] what else do you want to do? Ask the paper to come more often. Nhat happened to Don's column? It's noL been in there for a long Lime. No it hasn 't . CouId we request more coverage on the Planning Commission items? where the grass roots, their comments ttould probably be more to change and mold and iL's easier to do it here than it is at I guess that's one idea. t^lelI they're def initely ignoring us. Yeah. I remember when I first starLed Lhere was a little gal T hey f never u sed to get quotes from us and stuff, It h,asquoted. I don't- say anything worthwhile was grea!.quoted . But I That 's don'l feel the same. what lhey always say s classic that people typically they're not haven't i nter esLed . IT but Planning Commission Meeting January 2, 1991 - Page 42 The question is, are theye more things. Ellson: It's worth taLking abouL and making it on thea night Lhinkins of different t^tays. I'laybe that's just maybe this isn't the point. a9e nda al.I we spe nd i ng do but and can Conrad: But what you h,ant is a routine. An easy Hay to do more communicalion and that's typically the paper, if they covered us andpossibly. You know we can ask PauI or Jo Ann to get more coverage if we had specific articles lhat we would like and they've gone out and done that r,rhen the comprehensive plan was coming through. Aggressively you saw whaL -they did. tje haven'! really done that and basically because you know,I guess I've just generally felt that the community's been more aHare.There is cable television that people are r,latching and seriously, if they do care abouL some of this stuff, it's in their Iiving rooms. I think mostof it's pretty mundane and really quite boring. I'm not sure how activethey want to be in some of this stuff so on the one hand it sounds like I'mpulting it dov,,n. On the other hand, I'm not but I don't know what else we -can do. Conrad: t^le]l, you rea]Iy bring up a good poinL and parLia]Iy it's the factthat we're not having coverage by our local newspaper at our level. IfthaL bothers us, He should do something about it. The other thing, Annette-you were talking about is proactive seeking out industry. That's, I'm notsure that's the job of lhe Planning Commission. It's usually economic development but that's you PauI isn't it? Aren't you sort of Lhe economic -development arm or is Lhat HRA? Krauss: Yes, I think the HRA's been the marketing arm if you wiII and I work Hith Todd extensively whenever we have somebody Lhat we'd Iike to. We've had a number of meeLings r"rith the supermarkeL applicant. EIIson: Right. tJe'd love to have thaL everyone would like to have a Lhat. I mean Lhat's been well known super mar ket . EIIson: Right, Ieverage and sluff. Krauss: And ure don't have that ability in a lot of lhe stuff. The ouLsideof the downtown or the industrial parks, Also marketing, you know a lot ofcities go out and do it or say they do it too. t^le are trying to improveour brochures and informatj.on that we give to people, One of the thingsthat you may consider too is a newsletter. I don't Hant to do it just forplanning but we're talking about having a newsletter going out 4 Limes ayear. Now' right now you get Lhe recreation brochure. That's going to betransformed into a real city newsletter. Now with someLhing going outquarterly you're not going to be able Lo say on January 2nd the Planning Commission's going to consider so and so, you'd better be there. But you EIIson: I don't either but maybe that's h,orthy of a discussion on somenight when we don't have a Hhole Iot on the agenda. f guess I don't have Lhe answer. I'm just saying it's worth a brainslorming session or somethi ng I i ke that . Krauss: But the difference is that the HRA, when the HRA markets, the HRA -has money to give. Planning Commission Meet i ng January 2, L99t - Page 43 wiII be able to give overviews on what sorts of things you're tackling wetland issues or whatever else. BF district and put together thoughtsthat so there wiII be forum, hopefully in the not Loo distant future tothat, The signs we're putting up, I'd adopt a waiL and see attitude to hour those work. Hy experience is they're very successful- EIIson: And obviously there's always enticements. If ure don'L haveenticements, I don't know. As far as financial , iL's jusL an idea. send out letters, brochures on the city? 1i ke on do see EIIson: Yeah, thaL's a good step in the right communication. direction regarding some El]son: tJeII the difference between our downtown and Excelsior,s you knowis night and day and I think everyone would Iove to picture this Excelsior ulhere you can go from this place to that and where you just drop off yourdry cLeaning, go pick up your, get your gas. Ahrens: Yeah, useful shops instead of what we have. I mean Krauss: tlel. I yeah and I've talked to the HRA about that. I mean the HRA's been fairly reactive. Brad Johnson or Clayton Johnson come in with aproposal and they get 3 years of increment or whatever it is. t,e've talked about the HRA and the HRA does own some property. Going in and solicitingproposa].s to development we'd like to see on those pieces of ground. Ithink ultimately they'll be doing that in some very Iimited circumstancesbut it's not a real comfortabLe role for cities to play. Become the activeparty in the development scheme. You Iook at the controversy that urasgenerated about the supermarket because the cj.ty to induce a supermarket to come i.n, the HRA had developed a subsidy program where we subsidized theirprofits or losses for a period of time so they can make iL over the humpuntil the community develops and they can make it on their own. That was avery controversial proposal and the HRA took some political flack for having done that and it still hasn't succeeded in geLting us a supermarkeL because it's not builL yet. Hopefully it will soon buL, so there's limitsto how much you can do and it's competitive. I mean you aluays see StarCity things whenever you come into towns. l,lell thaL's all a markeLingprogram that the State pushes. Batzli: I never understood how that works. It seems like about 7OZ of allthe cities are Star Cities. Ahrens: f understand what you're saying though Annette. Just in the pas!year I've noticed that He've been faced uith some development that we don'trea]ly like. tle don't know what to do with it because it meets aII thestandards. Like the t,lendy's. Everybody said gee, it'd be nice to have arestaurant or something more attractive at the entrance of the city but howcan you say no uhen they meet aII the requirements and then we're facedwith a t^lendy's there that maybe we don't real]y h,ant and I don't know hor^rto address that issue either. I mean it's so subjective in a lot of uaysto sit back and say we don't like that or it's not nice enough. I agreethat it would be nice to have, play a bigger role in kind of decidingr.lhat's, so we don't end up with a strip like we do in downtown right now.That is basically. Planning Commission Meet i n9 January 2, f997 - Page 44 Krauss: It's veryState has no money bogus. Ito give or just put up could ma ke mean it's a i ncentives lot to ofgive wor k o nce and the our Landscaping ordinancefeet and then just Ieaving it-I really think I'd like to to qualify you do it Ellson: Those aren't easy ones but they're just ones that are my concerns. Conrad: Brian, do you have any goals you'd like to set? Batzli: My goals are wetLands./water quality. Number 2, protect thebluffs. Number 3, rezone BF Eo existing use. 4, encourage open spaces byeither promoting agricultural , A-2, golf courses, whatever. And a fifth one is to improve and actually develop a tree ordinance and improveIandscaping. I think ue've had a lot of problems with landscaping recently because I don't think our ordinance is tough enough. I Lhink we should, -the one thing normally people wi]l agree on is that there's noL enoughtrees. Then we hear a lot of things about urell you've got to plant them 15O feet apart because they're going to grow up to be you know, 80 foot monsters in 40 years and I don'.t buy that. Batzli: f'm talking about that and I'm also talking about eventuallytaking Lhe tree ordinance,/mapping of significant vegetative areas off theinactive list and doing somethins with it. Ahrens: tle could Conrad: Yeah, we Erhartr I would entirely agree should be reviewed. You know 1 open whether it's a hardwood or spend some time this year. our own sr.gn. our own terms. Nobody will know. with you lhattree every 40 an evergreen, Krauss: Yeah, that certainly is atotally.rinky dink standard that h,e disregard Er hart: It's just inadequate. Krauss: IL's actually, this is not something that came from Hinnetonka.ft's something that came from Iong ago when I worked for BRtl. That ordinances were drafted so that Lhe amount of Iandscaping was financiallytied into the value of the development. That there uas a sliding scale esLablished that you had to spend 12 oy I L/22 of Lhe toLal project cost on landscaping and the bigger dollar project is the smaller percentages because it had more bang for the buck, 8ut then you need an ordinance thatgives you more definitions as to r^rhere to spend the money but at least it establi.shed a minimum criteria of what you have to do. Erhart: If a development goes into an already wooded area, I mean why should you arbitrarily have someone spend money to landscape an area that's wooded and you don't want them to do anything u,ith it? Krauss: Erhart: Yeah. That sets Almost contrary into the tree preservation aspect. to that - Erhart: Are you talking about our landscaping portion of the ordinance? Planning Commission Heeti ng January 2, !997 - Page 45 Krauss: t^leLL you have to make them r^rork in tandem. The Eden Prairie ordinance is kind of clunky. I mean they've gotten some good press fortheir tree preservation efforts and I think in some respects it's good buttheir replacement caliper inches is so high that when you develop a uoodedsite and you have to remove trees, that there physically often isn't enough room to put those trees on the property. I knew one developer that wasbuilding a townhouse development there that actually offered Eden Prairieto plant trees in their parks because they just couldn't put them on theproperty. Batz]i; That wouldn't be so bad. Krauss: No, I don't think itdedication fee you know. But models out there Lo use. either. I mean it's can consider those - Iike a park There's certainly is hre Batzli: As far as the things that aren't on the ]ist, the one is reallythat isn't on the Iist at all in any form at aII other than improve the Iandscaping ordinance is to encourage open spaces. Either trying to somehow promote green acres type thing or what have you. Basically in essence you're trying to maintain open spaces. Slow down the growth outside the MUSA line even more than it's already slor^red down. Conrad: The bluff preservation. Do we have anything? Batzli: I don't think we have looking at the BF to A-2. anything actually on the Iist other than t^Je could add that but I actually construed that to be going handKrauss: in hand. Batzli: Well so did I- t^then we've talked about it in the past, we'vetalked about it kind of simultaneously. I don't know trhat Eden Prairie has done but they do have some sort of bluff preservation ordinance in effectdon't they? Kraussi I've heard that they do. BatzI i : Yeah. Krauss: But again there's a lot of working exampl.es of communities that have done Lhat. tle don't have to reinvent the wheel . conrad: Brian, you said tree ordinance. Don't we have, what do we havefor a tree ordinance righL now? OIsen: Landscaping. Conrad: It's Iandscaping? Erhart: Uell it states that you can't do clear cutting. Olsen: The only place that really is sLaLed is in Lhe Shoreland District. Erhart: It's stated under subdivision ordinance that you can't clear cut.Isn't it? tlhen they clearcut the one up here we went back and didsomething. f guess I'm under the impression that they can't go in andclearcut property anymore. l^,e actually acted on that - conrad: Yeah, but I don't know how we did that. BatzIi: tJe didn't do anything. Olsen: ...Iike it's our property and we can do what we Nant. Erhart: I sure thought we did. Batzli: t^,le talked about covenants recorded against the various pieces ofproperties so the land owners could enforce it against one another. I meanthat was goin9 to be our solution so that they couldn't clearcut it because supposedly what happened uas the builder bought the land. fL uJas already subdivided and then he clearcut. Krauss: There is a tree removal and conservation of vegetation section in -the subdivision code. I won't read it to you but it's a little paragraph uith a couple of elements. Existing healthy trees and native vegetationshalI be preserved to the maximum exLend feasible and protected by adequate- means during construcLion. It gives you entree to doing something aboutit. Maybe it's not as specific as you'd like but it is in there. In fact we did it quite a bit with Vineland Forect. [,le u,ere out there marking!r ees . O]sen: That was specifically stated cutti.ng without a tree removal plan.in the recommendations. No clear Ever since Triple Crown... Erhart: I guess f 've alu,,ays felt, I mean I don't disagree in general but I think ue've done a pretty good job since that time of protecting trees. Ithink we should be clanting trees right now... I'm involved with a couple - of projects with that going more to a greater degree here in the city. Ahrens: How I ong ar eas? is Lhis tree ordinance, mapping of signifj.cant vegetative- Krauss: Possibly Jo Ann cou.Ld describe that. Ahrens: I mean that seems different from tree ordinance. Olsen: Rieht. l.lhat we were trying to do r.,as to try to, during some of the subdivisions. . .beautiful trees that should be preserved - . . El]son: Like a big grove of oak trees and things like that. Planning Commission l*,leet i n9 January 2, f991 - Page 46 Olsen: ...like with the townhomes. Anyway, we would Iike to have those mapped ahead of time so the developer's aware that there are some restrictions that they can't just cut them down and then plant small trees.-I think lhat's r^rhat we were working with and it is being done. Hire somebody to go out there and actually do a visual , find out what kind oftrees they are. Planning Commission l.,leet i ng January 2, f99l - Page 47 Krauss: t^le tried to fund that in this year's budget. Hire a forestryintern to work with it. There's one DNR forester for the entire 7 county metro area which is bizarre and he's very good you know but obviously whenyou cover that much Iand there's only so much time you have. t,e tried tofund an internship position this summer to complete the map with Alan. tleweren't successful in getting that into the budget. That was one of thethings that was chopped out to get the budget down. conrad: t^lell Brian are you comforLable that ure have, you said the treeordinance. After you've heard the discussion here, are you comfortable we need, or do you think ule need to Iook at it furLher? You've heard the Ianguage that we currently have. Are we talking about an ordinance forthat or are we talking about a broader ordinance of natural amenitypreservation or is it just as simple as what you're saying? aatzli: I think it's natural amenity preservation. I'm more concerned, Lhat I think will protect us from clear cutting. I think natural amenitiesis significant stands, obviously ue're lacking but I think at a minimum we should take a look at the landscaping requirements. Conrad: In regard to what? BatzIi: subdivision. conrad: Subdivision? Batzli: Yeah. Or site plan. conrad: Okay. Is anybody concerned about just simply, ure talked about mineral extraclion already but just contour. Land contours. Does bluff cover that? Is anybody concerned that you can really level a site because that's the cheapest way !o develop it is if you level it and then you start over agaih. Anybody concerned about keeping the natural contours? Batzli: LJeII how did uJe stop that one guy that wanted to level? EIIson: t^le couldn't. BatzI i : r emember a site and I can't that didn't rlant, to flatten out Ellson: The guy that was dragging it all into Eden Prairie? No, no, no. The guy that was jus! developing which site it was. Was it Lake Susan HiIIs? Krauss: Lake Susa n Brian olson? I think so.the grades? HiIIs sth , Isn't he Brian? the oneBatzli: some of Emmi ngs : trying to Yeah, because he had a whole bunch of cuI-de-sacs and we wereget rid of them. Batzli: or I guess he didn't urant to ]evel it. That was actually his problem wasn't its? He wanted to keep a hill going down onto the road. Planning Commission Meet i ng January 2, 1997 - Page 48 Krauss: l^le h,ere insisting that consistent with code down to CRrequired extensive grading. he !7 mainLain a and he was 7z or better grade kicking about that which is because it Batzli: I don't know that it Nas always cheaper. Emmings: But don't they alulays need a grading permit? If they come ask for a grading permit for something, they can say they just wantflatten something out that's Iumpy now, what restrictions are there t her e? in a nd- to on Krauss: l.Jel1 it's fairly extensive. Under the new ordinance any time you want to move more than 5OO yards, which sounds like a lot. It's 10 yards in a truck but it's not enough to eliminate a hitt. Anytime you r,rant to remove any significant volumes of'earLh you've got to get an interim usepermit which comes before you and the City Council which talk about future use of the property and the ability to preserve naLural features. The problem that we had on the Jeurissen one is that he made a case that I thought was ridiculous but he made a case t.hat would probablx stand up that he was improving the agricultural use of the property which was the use that he was putting it to and he wasn't destroying any mature trees lo do it. He was taking a big chunk out of a hill. It might ]ook a litt]e sil]y but the ordinance doesn't deal with thinss that Iook silly. It deals urith what the use of the property is. Batzli: But do you really want to be able Lo regulate somebody that wants to flatten a piece of land? Krauss: EI lson: Conrad: Batz I i : FINE. Yeah. tJe don't Nant him to take off. tJe misht. You might. Is it reasonable? Krauss: t^lell you might and you can. The way the ordinance is written now,- you can. I can give you a fo:- instance from Hinnetonka just as an example. t^lhen Hury 12 r,,as being rebuilt to 394 where Carlson interchange is now? Onthe soulh side there there is a very large area that should have been designated as a wetland but for some reason uasn't and the builder, Johnson-Bros. Construction for the highway sah, that as jusL a dandy place to dumpalL the fill from the highway. And at that time MinneLonka didn't have an ordinance that could stop that but what we did is their grading plan would -have left this, and it was in a residential neighborhood, would have Ieftthis residentially zoned site at a perfectLy flat grade right onto a highuay interchange which was obviously only good for commercial use which -was inconsistent with the comprehensive plan and on that basis ree deniedit. They took us to court and wound up dropping the court case becausethey finally found somepLace else to dump it anyhray but that was clearly a case where you did not uant a site Ieveled or filled or raised because itcouldn't be used, apart from destroying a natural feature, it coul.dn't be Erhart: Maybe the one you're thinking about is the Jeurissen mineral extracLion uJhere they were going to eliminate a hiII. Planning Commission Meet i ng January 2, 7997 - Page 49 used for it's intended purpose when it was done. Conrad: I'm going to leave that open. Jeff, anything that you see? Farmakes: I'd like to talk just a littl bit more about this treeordinance. I kind of see, you talk about mapping Hhat Chanhassen's assetsare, tJaLer quality, wetlands and on that sheet you 're referring Lo it as vegetated areas. Significant growth of forest area. I'd like to know alsoother natural resources. If Chanhassen has a good handle as to r{hat othernatural resources that are here that are expendable in development such astopsoil for instance. You see mounds of a natural resource as you driveinto town here stacked up as they're putting the highway in. As development pushes further inLo the agriculLural Iand, where does aII thattopsoi'l go for instance? t^,ill. it remain in this community and if not,potentially laLer on will we be paying some bills for it? The reason I'mmentioning it is with water quality, as we reduce our ]evel of fertility here in the community to compensate for Lhat, particular if this climategets drier, don't we have to revert to chemical support for if we want !o keep our grasslands green and so on? If we have no inventory of theseassets, how do we know what we lose through encroachment on development? [^]e wouldn't know for instance how many trees, overgrouth trees we're Iosingand how much we're replacing with the trees that won't provide significantwind cover or shade for 20-30 years say. AnybJay I don't see how He canassess what we're going to lose if we don't know what we have. Or what we have lost. I think that that's important that we know on all those assets. And the other thing is, on a tree ordinance, I would }ike to see something that- would encourage a designer of a site to leave the grot^rth Lhat is therein some sort of way urhc:re if they take it out they have to put it back inand they have to put it back in enough that it's preferrable for them to Ieave what is there if they can possibLy do that. Conrad: t^lhere did ule get the 1 for 1? tle've implemented a 1 for 1 or an i nch for an inch. Olsen: I think b,e goL that from Eden Prairie. Conrad: And is that someplace in our code, in our ordinance someplace? Olsen: IL's caliper inch per caliper inch in the landscaping plan. Krauss: Under site plans. So it doesn't affect single familysubdivisions. ThaL's the other Ianguage that I u,as quoling earlier thataffects subdivisions " Erhart: ft affects commercial only? Krauss: WeIl it affects anything but singlefamily housing would be covered by thaL too. Erhart: Excuse me. Everything but singlebut single family subdivisions? family homes. So multi- One of the things we found. family? It affects everythi ng Krauss: NeII wait. You've got this on a You've got the subdivision code that deals and that's the only thing that you have to kind of a two track approach.with the splitting of property interact r.,ith on single family Planning Commission Meeti n9 January ?, 199! - Page 50 plats so there is language in there dealing with tree preservation. Possibly not, as specific as people would like but there is language. Thenyou deal with the range of things that we do site plan reviews on which is -everythi.ng except single family homes and if it only requires a site plan review, you need something in the site plan review section of the ordinancethat's applicable that requires tree preservation, One of the things that we've found over the last 5 to 10 years is the market is also helping usout considerably these days with tree preservation. ft won't help you when somebody urants to put a warehouse in or something like that but developersof single family property go to great lengths to save trees Loday becauseit's dollars in their pocket. You knoul a wooded lot is worth $1O,OOO.OO more than an unwooded Iot. No developer in their right mind is going to willy nilly cut down trees anymore. And the days of mass grading for an Orin Thompson Lype of development, I'd like to think they're gone. They'reprobably not entirely gone but they're fading. But you do need to have an ordinance that makes it almost punitive in a way to have disregard for treepreservation. That you make somebody take up and notice that it's going to- cost Lhem if lhey're going to want to remove those trees. BatzIi: Encouragement is there. AnyuJay it encouragement is there for them to Ieave it gives Lhem a choice but the Erhart: On the other hand is it fair, f mean a guy's got a pure woods where you've got these 36 inch diameter trees, 30 to 40 feet apart or something and you've got to put a street in. A public thing and you try to force that guy to go in and replace caliper inch per inch trees? I guess that's the part f was questioning a few weeks ago, The answer f 9o! L,as weII, we take that into consideration and that's great but I guess ulhat I'd like us, and I'd be real concerned that Ne don't get to the point here where people in Iike Eden Prairie are doing things like can I Put trees in -your parks because I've got to cut a tree down to develoP my ProPerty? To me that's not right. I mean for a lot of these property owners preserve these trees for years to some point Nhere it could be develoPed and nowyou're going to penalize them for doing a good job or preserving their tree- stands so I think it's all good but I think there's a practical limit. Being punitive f guess is where I think we've got to be real careful there.It goes down to I think one time we talked a year ago. Should you get down- to the level of saying a guy ou,ns a lot, can I LeIl that guy not to cut his tree? Emmings: Or you've got a bunch of old trees and if you want to cut them,if I Nant to cut a tree dor.rn in my yard for firewood you know or if I'vegot a big area of trees and I !",ant to cut trees out of there for firewood or even to seII it on a commercial level, are you going to tell me I can't do it? I think when you get into areas like that, I'm much more comfortable trying Lo promoEe, I've never liked our Landscape ordinance onsubdivisions. That's always been goofy. It needs to be a lot more and I think we should encourage planting aII u.re can. t^lhen you start restricting what landowners can do with their ou,n trees, absenL a subdivision or something like that taking place, I'm not comfortable with it. conrad: Joan, did you have something to add for goals? Ahrens: I don't realIy have anything additional . I mean what's on our list here is I think are worthwhile goals. I don't knou if you even .^,ant Planning Commission tleet i ng January 2, 799t - Page 51 to go through and I ist what I'd Ii ke to our pr ior ities are? Conrad: I guess 5 priorities.come out of here with a sense of our top 4 or Ahrens: Netland issues - I think it's really neat that you're doing thiscomputerizing the Iand use files. I noticed ue approve a lot of projects here and we put tons of conditions in them and I don't know how you can keep track of those conditions for development. I don't know how you everkeep track of those. tJhat's the time line on that? l^Jhen are you going tobe able to do that? Krauss: tjell again there's a funding constraint. tle have most of thehardware but the software is relatively expensive and is often tailored toa communily. I've been assured by Tom Chaffee that he's picked outsomething that we should use and that b,e probably r.rill get it on linebefore spring but I've heard that before. AIso once you have the, you knourhaving the hardware, having the soflware, I mean that's alI fine and dandybut I think as you're aII aware, unless there's data fed into the thingit's completely worthless and when you see our files of realms of data thatwe have already, it's a fairly significant work task. Ahrens: !^lho's going Lo do that? Krauss: It beats me. tje need it for enforcement of many things. tje u,anta situation where somebody who says I'm looking to buy 422O North Drive, whaL can you tell me about the loL? You can calL it up and say wel] it'sgot a uJetland on it. The last building permit ue approved was in L972 andit was for a porch. There was a variance approved and so and so. I meanall that stuff needs to be Iaid ouL. Right nou iL's in different files indifferent rooms under different departments. It's Lhere, it's just toughto f ind. Ahrens: f'm also interested in the landscaping issue, That's it for me. Conrad: Okay. Paul, I noticed you wanted to spend, you wanted Lo do a comprehensive redraft of Lhe city's PUD ordinance. Meaning a lot of time? Krauss: I don't know. I mean I've got some that f 've written before thatI've wor ked with and I think filled some gaps I see in ours. The concernf have with our PUD ordinance is we want to rely on that to insure ourse.Lves and residents that we are in essence contracting for high quality development and that t^re will get that development enacted. I think that wedo a good job with the development of the PUD contract and that eLement ofit but our PUD ordinance jusL throws Lhe door Hide open. f mean it says,rezone it to PUD. Anything goes anyuray, any how. There's no standards. No guidelines at aII. Nor^, the PUD ordinance is designed Lo encourageflexibility but ours gets a little bizarre. For example if you normallyhave a 20 foot setback for parking from a street, as soon as you do PUD,that disappears. And I can't understand, I can't in good conscience feel comforLable t^rith a PUD going in our downtown. It came up with HarketSquare, Market Square is a PUD and lle got a very good design out of it butthey did not have to maintain even something as simple as a setback fromthe public r ight-of-way. Planning Commission Meet i ng January 2, l99t - Page 52 conrad: Does everybody else feel , welt Paul obviously there's some thinss I that you want to do. Oo ure feel comfortable in the redraft of the PUDordinance? l.,e can ignore it and Paul can do it. [.le can say yeah, b,e want-it. It's important. It's a high priority. Anybody have any feelings on t hat? Conrad: t^lhen did we do that? Batzli: It was Krauss: I think Olsen: Yeah. Weindustrial - Conrad: But the t hose? olsen: It was... more tha n you do redid have 3 years ago. elements of regu lat ions ir for relatj.ve to si ngle family. single family and commercial and regulations for single family Jo Ann, when did we do conrad: oh, so it has been because I've got notes going back to June 2nd of 1989 and it said revise PUD then and ure obviously haven't done it. Erhart: via that, we never contemplated it's use in commercial districts, - Krauss: I think the concern I have is that as tracts of land are opened up I see that being used as a tool more and more. I'd like that tool to be in PIacenow.t^Jherewedoitdurin9thecourseofLheyearProbabIy'itdoesn't need to be done first but it's something that f think we should do. Conrad: [.,1e've never Lalked about fertilizer use in Lhe community. UelI, -Jo Ann have we? OIsen: Yeah . Conrad: And what happened? conrad: So olsen: It it f eII? f eI I . Erhart: Yeah. I would ]ike to not see that get ahead of some of the other- things we Lalked. To me the number one thing Ne ought to be uorking on is the rural land preservation. 2 !.t2 loL. Review of the, what you caII ispolicies Loward rural land. That to me is the number one issue, I think the landscaping ordinance, it's funny how we haven't tal.ked about that before tonight and almost universally it's, everybody wanLs a new Iandscaping ordinance so I think that's important. It h,asn't that long ago- that r^ie just redid this PUD. I guess maybe thaL's the thing... olsen: I'm doing a memo on that right now. tle did get that going uhen it -was, oLher cities were looking into Lhat a couple years ago. In fact wedid pose one !o the Council but it was just one of those how do you enforce and how do you keep track of who's doing it and who's noL. Planning Commission Meet i ng January ?, 7991 - Page 53 Emmings: They dec i dedthey could probably do that educating the public was one of the best things and hopefully get the people to voluntarily comply. itir that and it Conrad: t^lhat did we? Olsen: You never did anything. Conrad: Ue didn't? So it was basically from you to. Farmakes: Don't J.arge scale distributors of Iike Chem Lawn, don't they need a Iicense to distribute chemicals in a community? Farmakes: Because that certainly must be the bulk of that type of appl ications for the bulk. Krauss: In terms of volume of material , I think you're risht Jeffbut I've seen data, Barr Engineering in fact Has doing a report onindicates that they're not the problem, The problem is the ureekendlandscapers who heavily fertilize their. Iawn before a thunderstormall washes off right into the storm sewer. Emmings: Risht, because they're primarily using. ttell they use both wet and dry but . Krauss: They apply it whenever it's convenient to do itschedule. The professional applicators knou,, r^lhen to and on their ulhe n not wor kto do it. Farma kes: Is app I i cat i on? the concentration though much higher than a rural Emmings: Not in nitrogen I bet. If you're talking about for corn or somethins Iike that. Krauss: t hat u,e're f inding- I'm on the Metro Council Task Force on !,,aterquality for Minnesota River and the wors! problems we're f ind.ing in the Minnesota Ri.ver are those drainage basins that are totally agricultural . BatzIi: Are agricultural? Krauss: Total ly, yeah. Emmings: Because you're getting heavy use of other chemicals there besidesfertilizers. I would imagine that that's a problem too but I know that,you know !he commercial applicators that come through our neighborhood anddo my Iawn is an outfit called 1st Klass or something. I asked them what Olsen: Right, and again a theme brought up again uith the recycling commission Nas kind of getLing more general , more into environmental issues and other cities are starting to look at it again so if other cities aredoing it, I think maybe we can look at that again and h,e can aII get anarea that's agrees to one sort of ordinance so it's easier for everyone toapply and understand. We might do it but that's somelhing that thePlanning Commission, . . Krauss: Some cities do license them. Planning Commission HeeL i ng January 2, 1997 - Page 54 their mi xthat are of on chemical was and they don't use any phospherous on properties the lake. Conrad: Is that r i ght? Emmings: No. Conrad: That's ter r ific. Emmings: And I didn't know that, I mean when Ididn't even know iL. I asked them and they said Emmings: And they come, they try and seII you to come 4 times during the year you know and I it's more than adequate for my lawn so I don't stuff goes. bought their service I they just don't do it. Farmakes: I noticed on our side of the lake you can say it significantly adds to the problem, particularly Iike in, Iike you said in wet. Sometimes they're out there applying that stuff and it's even raining. I mean they're on a contract siLuation. They're out there and it's obvious it'sgoing to rain. They're there, They put it on. Erhart: Are you talking about dry or r^ret fertilizer? Farmakes: !,Jell we don't do it but f mean there is no, this is bre! application fertilizer. Hell, yeah the Iarge chemical tank shows up and we dropped that because I noLiced a significant difference. It goes directly -into the urater. I mean there's no wetland in front of our place. a program that have them come know where the they want you one time and -rest of that Ahrens: t^le]I r^rhat are we going to do about that? I mean is there anything we're going Lo do about iL? Krauss: There's tr.ro hiays it's being approached. I guess as Jo Ann says, we'd be very relunctant to have lhe city go out on the edge of trying to have a loca] ordinance. I mean look it, you get the hardware store downtourn that's not allowed to seII fertilizer bu! the convenience store in- Eden Prairie across the line is. That kind of stuff we rea]ly don't want to mess with. But there is a group of cities that Jo Ann's beeoming involved with that are trying to develop a lot of environmental issues and -that's one of the things that they'd like to tackle. As Jo Ann points out, a group of cities working Logether to ge! a metro area sort of an ordinance or approach passed is probably the best thing. In addition it's an issue that's going to be covered uith the Hinnesota River study that I'm involved- with and ue're going to have to, at least accommodate or discuss it in our water quality plan because it's a factor for our water quality, Again I don't wanL to unilaterally be in a position. I r.rouldn't advocate that the -city be in a position of going out and doing it on our own but there is a Iot of momentum building for something to happen. I think it probably wilI in the next year or two. Ahrens: Are there any plans for community education? O]sen: Again the'Recycling commission is starting to get involved in that.- I assume that's what lhey were interested in doing once thev got the Planning Commission MeeLing January 2, 1991 - Page 55 recycling program going. I don't know if that's...the PlanningIf that's what you u,ant to work on, then ure can bring it to you but it will be...so something will. be worked on. Conrad: Uhat do you want to do Joan? Ahrens: tJeII it wasn't an issue I brought up. I was wondering what people wanted Lo do about it. I mean I don't Lhink there's anything we can do..,.Recycling CommiLtee to do whatever they want to do. It's a communityproblem but I don't know how much u,e Hant to get involved in just public issues that . , . Krauss: But it is something that, I knou where I live, the community IIive i-n our quarterly newsletter comes out with informaLion on stuff IikeLhat. My community does has an active water quality program but they do spread the word Lhat hey, these things are a problem. Don't apply these thi ngs El]son: tJell and jusL the names of theIike his and stuff. There's references other companies that are reputable too . Krauss: t"le couldn't do that . EI lson: t^lhat are your goals Ladd? Commission. to uor k on br oug ht Jump i ng Conrad: A couple them up tonight.into that thing? of quick thoughts. Anybody care aboutBrick or better. Architectural standards. [^leour architectural standards? EI Ison: EasiIy. Farmakes: I kind of saw the difference when you were talking aboutarchitectural standards of telling them this is what we want to see. t^leNart to see some allirons here and we r,Jant some shakes on this and I thinkthe issue that I was talking of uhen I Lalked to them was just to soften i!up. Tone it down. Leave it up to them to make it a bit more residentialpalatable. I mean the architect's going to understand that I think rather than, I don't know how you come up with an ordinance unless, you know we only accept this style of architecture and this kind of paint. Emmings: We sure don't wantin town have a mansard roof.ue don't Nant to have every buildinsgoL to have some . to see, You 've Farmakes: Or painted gray. conradr So does anybody want to deal with this or should we ]et it go? Ellson: I Lhink the way they're Iooking at them right now is fine. Conrad: Anybody want to deal with our otrn standards as such or let i! go and just say we've got enough control on it? Ouick question on drainage. t^,hat kind of standard. Tim broughL it up tonighL and I think it's a good. It's something that I've always believed in and that's to keep water onsite rather than running it off someplace but what kind of standards, you know I don't know if that's what engineering department believes. and Planning Commission Meet i ng January 2, 799L - Page 55 again, some of this stuff .is, we accept t,,hat gets presented in a report butare there standards that you set that Ne should knou about? That wouldguide you. You know you can deal !,ith water runoff in a lot of ways. Folch: That's true. Normally what we do is basically follow tlhat the ordinance calls for and that is that they maintain their pre-developed runoff rate for discharging off the site. If there's available storm water-facilities adjacent to the parcel that have been designed previously to handle the runoff and are capable of a direct discharge and have beenplanned for as such, then of course we would wanl to see a direct connecLion rather than a ponding basin, I think as Paul eluded to earlier,- having more of a comprehensive storm water management program will allow usto take an area and hopefully design and develop one master storm urater system for that parlicular area instead of having half a dozen little -drainage ponds on every parcel . tle've got let's say one in an area thatservices alI the parcels that are adjacent to it similar to Nhat I lhink we have on Uest 79th Street. tle have a ponding basin dor^rn there that services-that whole area. But basically at this point in time, we 9o by the ordinance which is maintaining the pre-development runoff rate. Erhart: I guess in looking at that plan again afler we discussed that, I mean that parking lot's at 936 and the pond's at 933. The reason that wasrun north is because well that's, we've got to put some fill on the north end of that parking 1ot Lo bring water to the south. The other option u,as -to run a pipe from the north end of the parking lot back to that pond. Idon't want to get into that particular site but if we could add some Hordsto the ordinance that basically said to the fact that you have to retain as- much wat-er on site as possible Lo help beef up your effort in forcing theseguys to spend a little money to maintain water on site, I think that's something we ought to do, Conrad: ooes anybody caye? See I care about, that issue seems to be important to me. Er hart : you r.Ja nt Nater on You get to do.site as this storm water retention In keeping your rivers and .I ong as possible . thing. The fundamenta Lyour lake is keeping as thi ngs muc h conrad: But is that soins Lo wash out. Krauss: In keeping the r.,ater in some place that's designed toNot necessarily on t'haL property but someplace that's designedand in a Io! of sites tha! Non't be on that site. clean it.to handle it Erhart: No, I can understand that but it's the cheapest Hay to do it. Krauss: WeII it's no! in the Iong run though. It's the cheapest possibly for the individual developer but what we've found is ue have to maintainthese things and when r.re have 4OO or 5OO of these little tiny ponds all around tourn, we've goL to get an inspection program going and werve got to send in a back.Loader to clean out the grit and it really becomes anadminstrative nightmare. It's effectively these things won't be maintained as efficiently as they should so they won't work. The tJatershed District's have been enforcing this more and more lately. They're again, VinelandForest was a case in point. The developer there originally proposed 3 tiny Planning Commission Heet i ng January 2, f997 - Page 57 littLe ponds scattered throughout the development. I something hre can maintain. I talked to the t^Jatershed backed me up and we got one concentraLed pond Lhat urebetter that works on a more macro scale as weII. said no, Distr ict can look that's not and they after a lot Conrad: Okay. I'm not sure where to go r^rith that Tim. I'm not sure. Erhart: tlell I was just wondering what engineering. I think PauI's got a good point. I think a lot of that's going to come out with this storm water utiliLy thing. If there's something that t^re could do. I think asyou go through this utility now, anything that the ordinance rai]I suppor!that effort and I can see that coming back here. Krauss: Yeah. If the, and I expect it will, if the program that we recommends that as an enforcement mechanism thaL the ordinance needs rer.rised to accommodate that, it will certainly come back. get up to be Erhart: If you don't mind moving off that. f want to pick up on somethingBrian said and it's kind of bothered me and that is this open space thing and golf courses, I mentioned this once before when we revised the orCinance and we don't have golf courses I think on any one of ourpermitted uses. Any of our disLricts. I don't think it is. Anyway, thepoint, getting proactive again. You kno$, Eden Prairie's go! two very nicegolf courses and they're talking about building a third. Chaska's got their Hazeltine. Victoria's got their Deer Run now and we've got Bluff Creek. Ahrens: I like Bluff Creek. Erhart: Do you? Conrad: f!'s not Erhart: Nothinggot in lhis city, TH 5 and is there a bad golf course. I found that. negative on Bluff Creek. we ought to have another anyway. Do you agree or It's just wiLh the acreage we'vegolf course somewhere closer to d i sagr ee? Ahrens: I agree. Erhart: Yeah, you knour when we've made no provisions may not even be possible to be done anymore. Ellson: Timberwood would probablv like it. conrad: Yeah, we could circle Timberwood r.rith a solf Erhart: I mean we want open space and here's, I don't something thaL r^re ought to be doing to encourage it? Ellson: That's the kind of thins I was talkins about Erhartr Or is iL something that u,e just can't? Emmings: Maybe your rural area? for it. In fact it course. know. Is there befor e . PIanning Commission Meeting January 2, 1997 - Page 58 Krauss: UeIl I don't know because if there was really an e.Lement in the Comp PIan that would consider golf courses it would be in the recreational element as an idenlified need for the city from a recreational standpoint.I don't knor,r that they ever discussed it but it's not in their recommendations to us. You may want to bounce it off of them or we cancarry it forward a recommendation that they look at it. Erhart: Hho, the HRA? Par k Board.Krauss: No, the Erhart: Oh, you mean make i.t a public golf course? Farmakes: I think there was a private group here a couple years ago thaL Nas looking at putting in one in the northwest area. Couldn't acquireIand. I had heard it was the Eckankar piece of property prior to themuanting to build. Erhart: Okay, and you're suggesting that maybe r^rhat, the city would lookto build a public golf course? Krauss: t^le]I yeah. f mean if i.t's not a public golf course, then the cityprobably shouldn't have involvement. Efhart: That thought hadn't occurred to me. I was assuming private maybe that's a way to get some baII rolling just by talking about it maybe you r^rou]d get a private investor interested in it. but and Batz]i: I don't know that encouraging even a private course would be that bad from the standpoint of open, preserving open spaces in the community. Farmakes: I had one more comment that I never got to. We started talking about trees and somehow f got passed up, I just r.Jant to make a quick thing,here, tJe're talking about open spaces. I had wanted to bring up the issue- c,f a secondary minimum. About 10 years ago they discussed that in theprevious comp plan. A secondary minimum for single family housing lot size comment and some of the older developments here have an acre or 3,/4 of anacre. There's a lot more room for trees on there. It's not a bluff areaor it's no! a golf course but it does allor^r for some diversity in a more open area with more wooded area and it's something to be considered. I'mno! sure if it nas on the books prior to 10 years ago. If there was a second designation for single family zoning. Conrad: A larger lot size you're talking about? Farmakes: A larger IoL size, yeah. Erhart: Yeah, we did. tle had a 1 acre. On Christmas Lake. Conrad: rt was proposed and that's as far. It Eas a 45,OOO square footIot size and it just died a thousand deaths. Nobody supported it and wefloated it out there to Lhe neighborhood that theoretically cared about it and there were so many people, well again. In that particular case, f'mfairly familiar, there u,ere some people in thaL area thaL didn't want it and that killed it. You knon it's rea] interesting that large lots, it's Planning Commission Meet i ng January 2, !99L - Page 59 nice to preserve the large lots but I really haven'tthe 15,OOO square feet that we have. t^le like largerI just haven't heard, nobody's yelling about that. seen lots Farmakes: tjhen the economy, you know a developer obviously, but economy dictates the economy's bad, more houses on smaller lots. economy's better, you geL a little bit bigger Iot, bigger house. Emm i ngs : appr oved . when the t,lhen the Conrad: It's a funny thing. I've really moved off of larger lot size,That used to be an issue that I'd fight for all the time. Larger Iots andover lime I guess it's been, it's never happened and it turns out, thatphilosophically I'm at the point where I'd rather preserve the things thatI can and I don't care what size }ots people build on. The developer willfigure that out and find places for it. I'm kind of sensitive to moving srnal I lots against big lots. That one I b,ant to protect people who movedhere 1O-2O years ago but in terms of larger lot zoning right notr, I don't know that we can get there and then I've sort of taken a default to thatsaying, hey. I don't knou Lhat rde can get there but I do Bant to preserve some of those natural amenities that count and that could be the openspace. Tha! could be a lot of things. Farmakes: t.,ell t.he difference between, there's a big difference between agolf course and a 3/4 acre lo!. I'm just saying there could be more roomunder the existing type of development that's going on around here to put afew trees. Conrad: Haybe if I can summarize what I think ule said here and maybe you can correct me where I'm trrong. There's a priority. t^lhaL I'm Lrying to dois prioritize some of the things that we think are good. I heard the wetlands and the water quality or the uater management being a highpriority. I heard the BH on the 169 being a high priority. I heard the Iandscaping being a high priority and ehen I'm going to make up a word, ora group of things ca]led natural amenities. tlhether they be bluffs, open spaces, inventory, feriilizer, urhatever it is. Contours. It's sort of a natu)'aI amenity type of grouping and f don't know if they're separate'or ifthey're aII inclusive but it seems Iike ure said a Iot of those u,ords and fcategorize them under naturaL amenities and again, I'm not sure if that's an ordinance or urhatever but I heard a lot of you Lalkins about that. Rural land policies seems to have some favor and then a couple of otherthings, and I'm not sure if they're high or not, would be communications and PUD. Emm i ngs : after.How about 1995 study areas? That's something we've got to get Conrad:Do you Hant to do that? Is that a high priority? I think it is. I don't knour. For this year? Because the comprehensive plan. I think lhat's got to be, the comprehensive plan ought to be Shouldn't it before we ge! after that or shouldn't it? Emm i ngs : Betzli: Conrad: a demand beyond typically but Planni n9 Commission l',leeting January 2, f991 - Page 60 Krauss: No, I think you've got to get our feet on the ground have that approved and in place so you 're probably looking atable to do that until the summer timeframe. Summer's a tough on additional projecLs so you're probably looking at the fall can really get involved uith that. first andnot being time to ta ke before you Emmings: I think as soon as Lhe plan is approved and maybe so that we know whaL the Met Council's going tofor the matters coming in. HC do get somewith our feedbac k pr opos a I Conrad: But consensus is that 1995 study project is a high priority inthis year? [.,e may start on it. Okay. Batzli: I would say put it off until next year personally. conrad:a ]ot ofa coup le we? Hour many high priorities can, you know the lis! thatthese are things. You know we're not talking about, neu things in what I read here PauI . Are we loading I just read, well there'syou up? Are Krauss: Conrad: ElIson: You k now , we'II I know you will Doabl.e. Yeah. It's no tackle as many of them but I think I want you as we to be can, real ist ic . Conr ad : we can 't . good saying we can do 7 things when realistically Krauss: Yeah, and it's tough for me to give you an accurate reading onthat because a Iot of Lhese issues you don't knotr how involved they'regoing to get until you open the door and start the discussion on them and some of them involve public input and we all knou what happens trhen public input's involved. It tends to get real lengthy. The other wildcard hereyet is we don't have a reading on wha!'s going to be happening this year. I mean our primary function is to review and recommend on development.Th6t's going to really leII us how much time we have to do olher things.Right now it's looking Iike we'll have a fairly comfortable year in that ared so we'II have some Iatitude to tackle these things but if that changes, if things pick up, we won't be able to get to some of theseLhings. So I think we understand and have a fair understanding of hor,l youprioritize these things and alL I can say is we'lI tackle them in the orderthat you've told us to and we'II try to get to as many as possible. Conrad: Just trying to wrap this up. Communicaiions. Is that a bigwith everybody? You know it was urith Annette. Is it something that worthy of a lot of our time? It's !.,orthy of something. dea I is EIIson: At Ieast a discussion. Conrad: At least a discusbion, okay. Erhart: I thoughL the best thing I heard on that ulas that they're 9oin9 to change this quarterly letter to be more inclusive. Planning Commission Meeting January 2, 1991 - Page 6l Conrad: Erhart: EI Ison : Newsletter , yeah . I think that will greatly heIp. I think the Vice Chairman should write a column for the paper. Conrad: I think he'd be very good at that based on some of the lettershe's aLready u,ritten. tlell let's just take this a step further. Is thesubjects that uJe've handled tonight, is that r^rorthy of a conversation PauLwith the local neuspaper talking about some of the directions that thePlanning Commission is setting? Is that b,,orthy of, do you think they'dcare about that story Paul? Krauss: They care about anything we give them. ConraC: They reaLly do need news. But that might be another thing. That rrras an issue that it'd really be kind of fun to throw open to thecommunity. Say hey, what do you think we should be looking at? tthat doyou c6re about? Our neighbors south of TH 5 kind of think we don't thinkof anything in their neighborhood. Batz]i: I think the community in generaL doesn't think that we,re veryproactive, I think eventually they should understand that we work on a lotof stuff proactively, A ]ot of times we react but some of this stuff we'retrying to act ahead of the game. You knotr I think a lot of the commentsthat ue've heard from people over the last severa] years are that r^rhydidn't we Lhink of this before hand and I think there is a perception outthere tha! ure don't do anything other than we just listen Lo these people'sproposals and then ue say gee, I wish we had an ordinance and Lhen we goout and do one. Some of this is. Some of these do come up based onordinances but I think, or proposals that we received that we didn't Iikebut I think some of them are actually truly proactive proposals that weshould at least try to kind of make people understand that. Krauss: tJell I can certainly give Dave Peterson a caII and talk to himabout an article touching on the issues that you raised tonight. conrad: I think that's worthy with our time, yeah. Okay. A couple otherthings. The enforcement thing. tlell, PauI you're going to be working onthe enforcernent. Where did I see that? Code enforcement anyHay aren'tyou? You don't need a priority from us on that? Krauss; That's admi nistrative , Batzli: I lhink that's a hot button with the Council too. It's one of thequestions they asked me. Krauss: UelI frankly that's another wild card. ]^lhen they tal-k about the economy and the level of development that we're going to get. The Councilalso comes up with things from time to time that Lhey ask us to do on apriority basis. The grading ordinance is a good example of that and thattook a lot of effort. That took a Iot of time so keep in mind that we kindof clance Lo the tunes of two different bodies here so r,re'II try to keepboth of you i nfor med . Planning Commission Meeting January 2, 1991 - Page 62 Conrad: tnel] the point is, you've got to use, you knou you can't be squeezed betueen the tuo. The point of the planning exercise is to tellus, telI somebody r.rhat realistically can be done and obviousl-y you're going< to make changes. Ln Krauss: UeIl hopefully uhen we dialogue these things with the CounciI, some of that wiII come out but things like the grading ordinance came up response to an issue that had been raised in the middle of the year soyou'll have to deal with those kinds of things as they come. Conrad: okay, Iet me recap this. tJe're talking wetlands, BH 169. I think the enforcement thing is in there. The landscaping. This cluster of stuff called natural amenities preservation and an inventory and that may just start out urith discussion and decide if we can do anything. If it's worthy of our effort but I think that's a high priority. The rural land policy. The PUO rewrite. 1995 study area. Those are all high priorities. Okay? And so if ule can somehow PauI , summarize that for, if we made any sense talking about this in the last hour or so, so we can get some kind of input from them saying yeah. And then I think you have to be real realistic to them and to us that only some of these can be done. Erharti Can r.re go back one second? Paul had an idea that I'd like to just get your feeling on that and that's the idea of going back to Park and Rec -and suggesting to them lhat the City ought to be ]ooking at a second golf course. Put the burden on them to respond to that. t hat we see as open space, an opportunity for open space to be funded by either privately funded. Just to go back and put it on the Park and Rec to respond to that.- Is anybody against that idea? conrad: No . That's a good idea . Krauss: I some of her them. can put Per so n together a brief memo !o them on the Planning Commission may asking for it but you or Hant to convey that to Erhart: tlho's the golfer here? I don'tabsolutely no interest for me personally excellent way to retain open space. even golf soother than f f mean I have Lhink it's an Conrad: Steve, next meeting could you make sure u,e talk about HRA and maybe a liason to Park and Rec. Brian brought that up that we real Iy appoint anybody . I i asondidn't Emmi ngs: Put it on the agenda staff. How's Lhat for delegating? Conrad: Anythins else? Batzli: I think r.le should commend Sharmin and Jo Ann for their excellent efforts in the converting Lo the recyclable system. I think they did a heck of a job. conrad: f agree , Planning Commission Heeting January 2, 1997 - Page 53 Emmings moved, Ellson seconded to adjourn the meeting- All voted in favor and the motion carried. The meeting was adjourned at 11:OO p.m.. Submitted by PauI Krauss Planning D i r ector Prepared by Nann Opheim REVISED FEBRUARY 1, 1991 2 3 ONGOING ISSUES comDrehens iv Plan Issues 1. Comprehensive Plan Update Zoninq Code Amendnents L. Blending Ordinance Rezoning BF Dist. to A2Protection of Natural Areas and blufflines Amendments to l,lUSA Boundary Adoption 1.2/90 Future Use for Areas Outside the IITUSA Boundary STATUS * Adoption by CC t/27/91 - FuIlinpleDentation Spring, 1991 * 1995 Study Areas - Workeffort to begin after adoptionof new Conp PIan. Council isrequesting that this be conbined with a Hwy. 5 corridorstudy developed by a joint PC/CC/resident/developer taskforce Staff directed to developscenarios - low priority * Scheduled Discuss ionlsta ffdirected to draft a potential new zoning district ordinancd -winter, 1991-. Staff workingwith staff of National l{ild1ife refuge Inactive * llnDNR undertaking accelerated napping progran and will workhrith city to develop. Newordinance/spring, 1991 5 Rezoning 21 Acre Lots to RRDistrict Schedule futureWinter, 1991 agenda Ongoing - CUPrs conpleted 2 3. Sign Ordinance (1ow priority) 4 . Tree Ordinance - Irlapping ofsignif icant vegetative areas other Items L, Conputerize land use fi1es,permits, conditions andexpiration dates on aparcel by parcel basis 2 Reappraisal on wetland issues, ordinance and rnapping in conjunctionwith storn water Danagenent and water guality plan Definition of structures Shoreland Ordinance Flood zone ordinance Review legislation and ordinance pertaining to group hones ordinance revision dealingwith reguirenent to post signs of notice for developBent Zoning ordinance Amendmentfor satellites on Recreational Beachlots Structures below OHwlt nust have a perrnit. 10. Revision of ordinancespertaining to antenna towers. 11. zoning ordinance Amendnent * reguired by city Council regarding perfornance standards for parkinglot setbacks and requirenent forbuffer yards in IOP District. 12. Rural Area Policies - ordinance changes sternning fron revised Metro Council Policies 13. ordinance anendment dealing with shops selling adult naterials. 14. Develop updated landscaping standards Staff processing a positionpaper to review wetlandordinance and enforcement Budgeted noney for update 2year tinefrane or stono $raterutility fund winter, 1991 In January we receivednotification froro the UnDNRthat we are a priorityconmunitywitha2year deadl ine * Pc Review 2/ 6/9L 19 91 * signs acquired. Appl ication fornrs will start prograi 2/9L PC Review on Nov. 7, L99O CC approval on l/27 /9L Winter, 1991 * Pc deternined this should not be pursued 3 4 5 6 7 8 9 19 91- 15. Develop new PUD ordinancecontaining inproved standards 15. PC input in Downtoun Planning and Traffic Study L7. Reviee/ of Architectural Standardsto Promote High Quality Design * change in status since last report 19 91 1991 1991 I