Loading...
08-20-97 Agenda and Packet FILE AGENDA CHANHASSEN PLANNING COMMISSION WEDNESDAY, AUGUST 20, 1997 CHANHASSEN CITY HALL, 690 COULTER DRIVE 1. Field Trip - 7:00 p.m. CALL TO ORDER PUBLIC HEARINGS - 8:30 P.M. 2. Preliminary plat to replat of Lots 1-9, 16 and 17, Block 1, Autumn Ridge 2nd Addition into 21 lots located at the southwest corner of Hwy. 5 and Galpin Blvd., Autumn Ridge 3`d Addition, D. R. Horton, Inc. 3. Amend a condition of the interim use permit to allow for a 32 sq. ft. monument sign and an 8 sq. ft. variance from the 24 sq. ft. monument sign requirement,at 850 Flying Cloud Drive, Dick Henning. 4. Amendment to the City Code to prohibit encroachments on setbacks that have been granted for variances. OLD BUSINESS NEW BUSINESS 5. Comprehensive Plan Discussion-Natural Resources. APPROVAL OF MINUTES ONGOING ITEMS OPEN DISCUSSION ADJOURNMENT NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m.as outlined in official by-laws. We will make every attempt to complete the hearing for each item on the agenda. If,however,this does not appear to be possible,the Chair person will notify those present and offer rescheduling options. Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. CITY O F DATE: August 20, 1997 2 • C 11 A HASSEN p • DATE: September 8, 1997 • SE#: 93-5 PUD By: Generous:v STAFF REPORT I. PROPOSAL: Preliminary Plat to Replat Lots 1-9, 16 and 17, Block 1, Autumn Ridge 2"d Addition into 21 Lots,Autumn Ridge 3rd Addition. C.) LOCATION: Northwest corner of Galpin Boulevard and Coulter Boulevard APPLICANT: Ray Brandt Scenic Enterprises a. 1 600 W. !43fd St. #206 18033 Cedar Avenue Burnsville, MN 55306 Farmington, MN 55024 (612) 751-7479 PRESENT ZONING: PUD, Planned Unit Development ACREAGE: 9.57 acres DENSITY: 7.53 units per acre ADJACENT ZONING AND LAND USE: N-PUD and A2,Highway 5 S-PUD,Autumn Ridge 1St and 2"d Additions E-OI,Galpin Blvd.,Bluff Creek Elementary School W-PUD and A2,Autumn Ridge 2"d, Public Open Space • :1-2 WATER AND SEWER: Installed on site. PHYSICAL CHARACTER.: The site has been prepared for development as part of the Autumn Ridge 2nd Addition. 2000 LAND USE PLAN: Medium Density Residential 1 10 AI ir MN imp -we MI % % * t ''' W... 41t.-IN arilvih ' VI D',:ifr- *AK a.. so 14k 0, . e , irillima vj MillIfftWigi 0 � � ► a„��� �:• 1111 _ Vi i`‘4(1111 ! o I: 1 LOCATION - i 7 'ef,41p) de,. . . i a E�!`,y►�� muff Creek Park: Co i :.u�� W E:em School _ I ',i�4 '• Coulter Blvd —o.' Park x/11 II berW11171 ---- . �d Dr / * iglirW rigNi or , ' NW : f:-'*w. ) 40 110 • , : ,-------____,/ iktet-'i ':‘,1;:4 ittii r in "n,1 . lag5,1 _ �d rairrafail � StonQ CrQQk Park UI, .. . k,_ Illr N allif ,,Lyman 84, = � ` �� of i darco I4 - 00 8700 V``par - 1/ 4f_ ime - L 0 .0s$oo . .. -''' ''# 2e\ '., rflF 'Airy Autumn Ridge 3rd Addition August 20, 1997 Page 2 PROPOSAL/SUMMARY The applicant is requesting a replat of Lots 1-9, 16 and 17, Block 1,Autumn Ridge 2"d Addition into 21 lots,Autumn Ridge 3`d Addition,creating two lots for each one lot previously platted except for Lot 4. The applicant is proposing this replat so they do not have to fire sprinkler the buildings. In addition, the applicant is proposing the extension of the berming to the north along Galpin Boulevard to provide additional screening for the development. The extension of the berming eliminates one tree which shall be replaced at a two to one ratio. Except for the replatting and the extension of the berming, the development will be the same as was originally approved including nine 8-unit, one 6-unit, and one 4-unit townhouse on these lots. BACKGROUND On February 26, 1996,the Chanhassen City Council approved the Planned Unit Development (PUD#93-5) for the 12.34 acres rezoning the property from A2 to PUD and final plat approval for Autumn Ridge 2nd Addition creating 25 Lots. On October 23, 1995, the City Council approved a site plan for a residential medium density development containing one 2-unit, two 3-unit, two 4- unit, one 6-unit, and nine 8-unit townhouses with the preliminary plat for Autumn Ridge 2nd Addition subject to final development approval for the PUD. STREETS/ACCESS All roadways and private streets have been installed. Roads still require the installation of a wear coat. LANDSCAPING/TREE PRESERVATION The proposed extension of the berming along Galpin Boulevard eliminates one tree. This tree shall be replaced by two conifers with a minimum height of seven feet. GRADING/DRAINAGE The proposed grading plan extends the berming along Galpin Boulevard approximately 100 feet to the north. The developer shall execute an addendum to the development contract for the Second Addition to incorporate the Third Addition. UTILITIES All utilities have been installed as part of the Second Addition. Autumn Ridge 31-d Addition August 20, 1997 Page 3 FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the PUD district. 2. The proposed subdivision is consistent with all applicable city,county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with applicable plans. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding,and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause environmental damage. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements,but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Autumn Ridge 3rd Addition August 20, 1997 Page 4 Finding: The proposed subdivision is provided with adequate urban infrastructure. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of PUD 93-5 for Autumn Ridge 3rd Addition, to replat Lots 1-9, 16 and 17,Block 1,Autumn Ridge 2nd Addition into 21 lots, as shown on the plans prepared by Brandt Engineering and Surveying, dated July 18, 1997, subject to the following conditions: 1. The proposed extension of the berming along Galpin Boulevard eliminates one tree. This tree shall be replaced by two conifers with a minimum height of seven feet. 2. The developer shall execute an addendum to the development contract for the Second Addition to incorporate the Third Addition. 3. The applicant shall provide a copy of the final soils report for the subdivision as well as a copy of the final grading plan for the entire subdivision prior to issuance of any building permits. 4. The building designer should meet with the Inspections Division review staff to discuss design and permit requirements before finalizing building plans." ATTACHMENTS 1. Development Review Application 2. Memo from Mark Littfin to Robert Generous dated August 6, 1997 3. Letter From Robert Generous to Joe Miller Dated March 7, 1996 4. Public Hearing Notice and Mailing List 5. Plans dated July 18, 1997 CITY OF CHANHASSEN ,� �,�7 fir-- i j �Il�,�j: 690 COULTER DRIVE P y A C.tftY.�40` � , t' , CHANHASSEN, MN 55317 ,4 s.i Lt,)/1-9/#16{civ (612)937-1900 E"4-6:4k;J1:1; S722 DEVELOPMENT REVIEW APPLICATION APPLICANT: RAY P J2I'A(D I OWNER: S C L.Ul C GA)j Q202 l STs ADDRESS: Moo LtJ 1LI J l 'T--2_6G ADDRESS: 1• DJ V C 6D AV& 012-N51/ LLE; Ai it 5-5j2%G Fr�i���IN'-r���V .�c1 , ' S5G'44 � - TELEPHONE(Day time) —757 74 79 TELEPHONE: 419 10(6 Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit _ Vacation of ROW/Easements Interim Use Permit Variance Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development' _ Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review X Notification Sign so t Site Plan Review' X' Escrow for Filing Fees/Attorney Cost" ($50 CUP/SPRNACNARIWAP/Metes and Bounds,$400 Minor SUB) 1` Subdivision' ... r V ti •7 j 5"5.1 TOTAL FEE$ / A list of all property owners within 500 feet of the boundaries of the properly must be Included with the application. Building material samples must be submitted with site plan reviews. "Twenty-six full size folded copies of the plans must be submitted, including an 8Y/" X 11" reduced copy of transparency for each plan sheet. Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAMEj�:,l rU .{ Li i2)D j ''-') ,4,0)))7-',./1',^4 LOCATION 1-/(,l.{t I'.t S L P L.?)A) LEGAL DESCRIPTION LSC 7-c / Z , , , c-f-, ) L. , -7, L. /. to j 7 •iR L J,/ )- / TOTAL ACREAGE WETLANDS PRESENT YES X NO PRESENT ZONING REQUESTED ZONING SO-AA f-S. r) ,SLNT PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION -C f l\C A S P/ Cs LA REASON FOR THIS REQUEST TT) lei 4`)OL �.,0 - TING:: L L J < !N I!) -� %; FS 1-1._4?_. 1S i,kJC ( CT; This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible For complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whore the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title,Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be.,completed within 120 days unless additional review extensions are approved by the applicant. E ", _ L ,, „,-,_ ____ : -3-.7.-1 (."G�G2�' lfz'ii ✓/i!/LE� JZ� ;,irgr v Cr--1f,f K.AA/1 _ I�r 11 i -,7;I� r f��,YAG«--y 6 .j % / S7gnature f Applicant c ,s Date ' 4/ -/,fL4-L; I-i-l' l-1'-v=., ---'.2z4.- --e__ '' '//L, i, ,, ,e.t. ��f��-_, Lam- 33- i7 Signature of Fee Owner Date Application Received onFee Paid ' , ( ✓,-`.) Receipt No. ', -7_ ) The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. CITY OF ,k,14 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 - (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM • TO: Robert Generous, Senior Planner • FROM: Mark Littfin, Fire Marshal DATE: August 6, 1997 SUBJECT: Request for preliminary plat to re-plat Lots 1-9, 16, & 17, Block 1,Autumn Ridge 2" Addition into 21 lots located at the southwest corner of Highway 5 & Galpin Boulevard, Autumn Ridge 3rd Addition, D R Horton, Inc. Planning Case 93-5 PUD I have reviewed the preliminary plat review for the above project. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the following fire code or city ordinance/policy requirements. The preliminary plat review was done based on the available information submitted at this time. If additional plans or changes are submitted,the appropriate code or policy items will be addressed. No comments or concerns at this time. ML/be g:\safety\mI\plrev93-5 CITY OF i,.., ....:,e,,. .,,_ ,,;.,_ ,._ 0 CHANBA, SSEN ,itt -,„, .... „ .,, . , . _,..„ , ,, ,. 3":">:. ,, ,':171-..'I sdfr... i,. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 March 7, 1996 Mr. Joe Miller Scenic Enterprises 18133 Cedar Avenue South Farmington, MN 55024 Dear Mr. Miller: At the February 26, 1996 meeting,the City Council approved the Planned Unit Development (PUD#93-5)to rezone 12.34 from Agricultural Estate, A2,to Planned Unit Development, PUD (final reading)and final plat of Autumn Ridge 2nd Addition creating 25 lots subject to the following conditions: 1. A ten foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes,NSP,NW Bell, cable television, transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. Fire hydrant placement shall be subject to review by the Fire Marshal. 2. Must comply with Premises Identification - Policy#29-1992. Copy attached. Additional address numbers must be installed at entrance of driveways to multi-dwelling units. Contact Chanhassen Fire Marshal for details. 3. On the main looped road there must be posted on one side"No Parking" signs. Signs must be installed with 75 foot intervals. Submit drawing to Fire Marshal for approval. Coulter Boulevard shall also be posted for"No Parking." The City Council shall adopt a resolution prohibiting parking on both sides of Coulter Boulevard. 4. Full park dedication fees shall be collected per city ordinance. 5. Trail fees for Autumn Ridge 2nd Addition, and retroactively for Autumn Ridge 1st Addition, will be waived in consideration of trail construction. This trail construction shall be completed per city specifications within an alignment approved by the city. Mr. Joe Miller March 7, 1996 Page 2 6. Revise the landscaping plan to provide a more equitable distribution of trees, specifically 20 percent ornamentals, 30 percent primary and secondary and 50 percent conifers,and provide additional groupings of evergreens along the northern project boundary to prepare for the possible future removal of the evergreens with the widening of Highway 5. Conifer trees shall average seven feet with a minimum height of six feet. 7. The applicant shall be responsible for water quantity and quality connection fees based on the Surface Water Management Plan. Staff has calculated that the proposed development is responsible for a water quantity feet of$33,092.00 and$12,000.00 for the use of the city's park land for a stormwater pond. 8. The wetlands and wetland buffers shall be delineated on the grading and drainage plans. A native buffer strip 10 feet in width should be maintained around the natural wetland. The buffer strip for Wetland A shall be 18 to 38 feet wide with an average width of 28 feet. Wetland buffer areas shall be surveyed and staked in accordance with the city's wetland ordinance. The city will install wetland buffer edge signs before accepting the utilities and will charge the applicant$20.00 per sign. 9. The developer shall construct an 8 foot wide asphalt trail per city specifications within a 20-foot wide trail easement. This construction shall be completed in conjunction with street construction. Final alignment of this trail shall be staked by the developer and approved by the Park and Recreation Director and City Engineer. The legal description of the trail easement shall be prepared by the applicant after the trail location has been determined in the field. 10. The applicant may commence site grading after final plat approval and the applicant entering into the Planned Unit Development Agreement and supplying the city with a financial security to guarantee site grading,erosion control,and site restoration. 11. A condition shall be placed in the PUD/Development Contract notifying residences that Coulter Boulevard will be extended in the future. 12. The applicant shall be responsible for the installation of street lights along the private streets and Coulter Boulevard. The applicant and City staff shall work together to prepare a street lighting plan to be incorporated into the street construction plans. The street lights along Coulter Boulevard shall match the street lights placed along Coulter Boulevard east of Galpin Boulevard. Spacing shall be 300 feet apart staggered on both sides of Coulter Boulevard. 13. The applicant will be required to enter into a PUD/development contract with the City and provide the necessary financial security and administration fees to guarantee compliance with the conditions of approval. Mr. Joe Miller March 7, 1996 Page 3 14. The applicant shall design and construct the street and utility improvements in accordance to the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications for the public improvements shall be submitted to City staff for review and approval. 15. The applicant shall provide a copy of the covenants for review and approval by the City and shall be filed at the County with the final plat documents. 16. The applicant shall provide "as-built" locations and dimensions of all corrected house pads or other documentation acceptable to the Building Official. 17. The applicant shall apply for and obtain all necessary permits from the regulatory agencies such as the MPCA, Health Department, Watershed District, DNR,Army Corps of Engineers, MnDOT and Carver County Highway Department. The applicant shall also get the necessary permits from the Minnesota Pollution Control Agency and the U.S. Department of Housing and Urban Development to make sure that with the upgrading of Highway 5 the development does not exceed the noise standards established by those agencies. 18. The applicant shall report to the City Engineer the location of any drain tiles found during construction. The applicant will comply with the City Engineer's direction as far as abandonment or relocation of the drain tile. 19. Type III erosion control fencing will be required around the wetlands. The site may also require additional erosion control fence on the slopes and/or temporary sediment basins. 20. Drainage and conservation easements shall be dedicated over all wetland areas within the subdivision including outlots. Wetland mitigation measures shall be developed and subject to approval by the City. The mitigation measures shall be completed in conjunction with the site grading and restoration. 21. The final plat shall be contingent upon MnDOT's State-Aid office approving the construction plans for Coulter Boulevard. 22. The private streets/driveways shall be constructed in accordance with the City's private driveway ordinance for medium density zoning. Private driveways shall be a minimum of 24 feet wide(face-to-face)that serve more than four units. Driveways that serve four units or less may be 20 feet wide(face-to-face). 23. The applicant shall provide a plan that assures that the variations in siding colors are in fact implemented. Mr. Joe Miller March 7, 1996 Page 4 24. The applicant shall provide dispersed guest parking spaces within the project. 25. A native seed mix shall be required where the stormwater pond is created. 26. Lots 15 and 18, Block 1, Autumn Ridge 2nd Addition are not buildable and shall be maintained for access and as common open space for the residents of Autumn Ridge 2nd Addition. 27. The developer should assess the noise situation and take the action deemed necessary to minimize the impact of any traffic noise. Two mylars should be submitted, along with two (2) 1" equals 200' and 1" equals 500' scale reduction mylars, for city signatures. The executed Planned Unit Development contract document, security, administration fees and any easements should also be included with the final plat documents. Should you have any questions, please feel free to contact me. Sincerely, Robert Generous,AICP Senior Planner BG:v pc: Dave Hempel, Asst. City Engineer Steve Kirchman, Building Official NOTICE OF PUBLIC HEARING PLANNING COMMISSION Wednesday, August 20, 1997 at 8:30 p.m. -- - - ■W 5 CityHall Council Chambers ,I%z/.�� , 690 Coulter Drive E,0@,�IJ��a. � • m lop SUBJECT: Autumn Ridge 3rd Addition "/ e Preliminary Plat Request 8 pi APPLICANT: D. R. Horton, Inc. LOCATION: Southwest Corner of Hwy. 5, and Galpin Blvd. NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, D. R. Horton, Inc., is requesting preliminary plat to replat Autumn Ridge 2nd Addition into 21 lots located in the southwest corner of Hwy. 5 and Galpin Blvd.. Autumn Ridge 3rd Addition, D. R. Horton, Inc. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting. the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob at 937-1900 ext. 141. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on August 7, 1997. MID AMERICAN BAPTIST SOCIAL SERVICES CORPORATION 2600 ARBORETUM BLVD EXCELSIOR, MN 55331 LARRY& ELIZABETH VANDEVEIRE 4890 CO RD 10 E CHASKA, MN 55318 J P'S LINKS INC C/O JOHN PRZYMUS 642 SANTA VERA CHANHASSEN,MN 55317 CITY OF CHANHASSEN C/O CITY TREASURER 690 COULTER DR PO BOX 147 CHANHASSEN,MN 55317 LUNDGREN BROTHERS CONST &JAY DOLEJSI 935 WAYZATA BLVD WAYZATA. MN 55391 JAMES L& LINDA J LEIRDAHL 2350 TIMBERWOOD DR CHANHASSEN, MN 55317 STEVEN TAINTOR 2320 TIMBERWOOD CHANHASSEN,MN 55317 Dale Wanniger James Avis Lawrence Raser 8170 Galpin Blvd. 8190 Galpin Blvd. 8210 Galpin Blvd. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Scenic Enterprises Jay Dolejsi 18133 Cedar Ave. S. 6961 Chaparral Lane Farmington, MN 55024 Chanhassen, MN 55317 CITY OF PC DATE: 8/20/97 CCDATE: 9/8/97 CASE #: 96-2 IUP By: Kirchoff:v STAFF REPORT PROPOSAL: (1) An amendment to interim use permit 96-2 to allow a 32 sq. ft. monument sign.. (2) A request for an eight(8)foot variance from the twenty-four(24)sq. ft. Z monument sign requirement. Q LOCATION: 850 Flying Cloud Drive (Northwest corner of Hwy. 101 and Hwy. 212) aAPPLICANT: Dick Henning a.. 737 Ashley Drive Chaska. MN 55318 (759-5043) PRESENT ZONING: A-2, Agricultural Estate District ACREAGE: 10 Acres DENSITY: N/A ADJACENT ZONING AND LAND USES: N: A-2,Agricultural Estate District S: A-2,Agricultural Estate District E: BF, Fringe Business District Q W: A-2, Agricultural Estate District WATER AND SEWER: Not available to the site PHYSICAL CHARACTER: This site contains an existing nursery consisting of a retail �" building, two agricultural buildings, display areas and (I) growing ranges. 2000 LAND USE PLAN: Medium to High Density Residential and/or Office . / I . .: • • / . / 1 , I \ .. , ' \-1 /. .. / i ' I i 1 I . / ..-- • 1 IA .... '''' W 96th Streel '::;- ,' •7\ ._____LNN\061 i .9 ., 1 I 1 , • ---___F:,-,-— 1 laib, ..-• / 4----- Ivail (Hwy 1 j____p_f41, , -"---- : \ 7.. ..:::. f. I / ' e -rink . ,.. ... :,.. !,,,:t..,. .:.: ------------ .. Al.‘ , I ific41,4 :" ' 'fi• . ., • I, 0 I . / ris>rl. N\ i-. / ,44 ct,c, ' " • , . • . . . 4.... i 1 , Hall/ _20i • .. )------- j- Bl iff . .... , i' Bluff Creek Golf Course - 1 . i \`•. ' , . >,\N --- _. . ! 1 i. y•--A, -, • \----(\____ _„...j\_ No Bluff . N.N,N, • 0 •_.. ...-, N. N \) • . PRO SED ARIANPE AN A ',IN . 0 IUP :: 41,1 Nail/ I . i iii \ , \ ,.,- am, I ..r. L z....r, ss .- • „.. ' arm I R . ... •!,'-- •• •ui--.---____ I"-........--------. .";-. ./ %., -------!--,..•;,.. -...... , , ----......,,,,, - \\ •, / 4t.---,..a... il- ,,.. / oes • ,' ,. , ..:. ' l?2-::\ 1 ,A '"0 .. •< \ \ \ ,),,. ___- \\ ) . . , ___\------- 7 i ii i . 1, . .„..."—"•—f (--1 1 , \ t 7----- ,--• —+-'-'es-----711 .--- -----&.....,..,-( 2. /AP-. 1 • ,' - 1 - , A . OV.I‘le %''----;r--------:------------ i)_._ \ \,, 41, ' r • .. ____... 1 ---k r--- - C . y --.3.. • '.1 \—_ /S --'' 4 - 1 ) ) i`• - 1. 1 •••, , ,.._._. .,• . .. . . • -- .. .- ..- :. .- •,.....•_...„-i ,e 1 1 • , 1 ,-. ,-.-- 1 .:,.,___., ,/\.___ ,• . Henning Amend IUP/Sign Variance August 20, 1997 Page 2 APPLICABLE REGULATIONS Section 20-257 states that only one (1) monument sign may be erected on a lot, which shall not exceed twenty-four(24) sq. ft. in size or be more than eight (8) feet in height (Attachment 2). BACKGROUND In July 1996, an interim use permit was approved to allow the applicant to operate a wholesale and retail nursery at the property located at the northwest intersection of Hwy. 101 and Hwy. 212. This approval was subject to fourteen (14) conditions, one of which required the applicant to construct signage that complied with the City Code. The ordinance permits a sign which is a maximum of 8 feet in height and 24 sq. ft. in sign area. This is essentially a six (6) foot by four (4) foot sign. ANALYSIS The applicant is requesting an amendment to the interim use and an 8 sq. ft. variance from the 24 sq. ft. requirement to allow a 32 sq. ft. monument sign. The reason this application includes both an amendment and a variance is because the IUP was approved with the condition that the sign comply with the ordinance. The variance request is based upon Section 20-257 which states that a 24 sq. ft. monument sign is the maximum permitted. The request is based on the need to attract customers traveling on Hwy. 212. Staff does not believe that allowing an additional 8 feet will be detrimental to the area since it is located at the intersection of two highways. Furthermore, this is an interim use and will terminate one year after the availability of sewer and water service. This will not be a permanent use of the site as it is guided for medium to high density residential and/or office uses. However, in order for staff to fully support the proposed signage, any connotation towards a landscaping business will have to be removed from the monument sign. The IUP was approved because the applicant and operator agreed to utilize this property as a wholesale and retail nursery not as a contractor's yard (i.e. landscaping business). In addition, a condition of approval of the permit was that no contractor's equipment be stored on this property. Although the same maximum square footage is required in the neighborhood business, fringe business and office and institutional districts, staff is of the opinion that this area of the city tends to be more rural-like or natural and a smaller sign may not be seen by those traveling on Hwy. 212. Staff recommends that the applicant be allowed to construct a monument sign with a maximum size of 32 sq. ft based on the findings in the staff report and subject to conditions. Henning Amend IUP/Sign Variance August 20, 1997 Page 3 FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. Finding: Staff believes that the applicant may have a hardship in that the location of the wholesale and retail nursery warrants a larger sign. That is, being located at the intersection of two state highways does make visibility greater, however, potential customers need to be able to read the sign going at faster speeds. b. The conditions upon which a petition for a variance is based are not applicable,generally, to other property within the same zoning classification. Finding: The conditions are not applicable to other property within this zoning classification as most are residential uses. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The purpose of the variation is probably based upon the desire to increase the income of the nursery by making it more visible. d. The alleged difficulty or hardship is not a self-created hardship. Finding: Staff does not believe that this hardship is self-created, however, the applicant could have had this issue resolved when the interim use permit was approved last year. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: Staff does not believes that that larger sign will be detrimental to the public welfare or injurious to other land or improvements. Henning Amend IUP/Sign Variance August 20, 1997 Page 4 f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation will not impair an adequate supply of light or increase the congestion of the highways or increase the danger of public safety. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval to amend the interim use permit #96-2 for an 8 sq. ft. variance from the 24 sq. ft. requirement for the construction of a 32 sq. ft. monument sign based upon the findings presented in the staff report and subject to the following conditions: 1. The applicant must remove any connotation to a landscaping business/contractor's yard in the wording on the monument sign. 2. The applicant must obtain a sign permit. 3. The applicant must place the monument sign 10 feet from the property line abutting Hwy. 212. 4. The applicant must remain in compliance with the conditions of interim use permit 96-2." ATTACHMENTS 1. Application and Letter 2. Section 20-257, Wholesale and Retail Nursery 3. Site Plan 4. Property Owners ft- CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION t= nri. . OWNER: ( ) ICr �It"0.'rti;�, APPLICANT: �' '" �'' ADDRESS: iL''-I�` tir �F ADDRESS: 17 Yr Isui S5-3I I If ,+=A N f�illiir{���.E'Al, _ TELEPHONE (Day time) � .3 TELEPHONE: �-/� 7 7- 564'3 Comprehensive Plan Amendment _ Temporary Sales Permit Conditional Use Permit — Vacation of ROW/Easements Interim Use Permit — Variance Non-conforming Use Permit — Wetland Alteration Permit • Planned Unit Development` — Zoning Appeal Rezoning — Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign X Escrow for Filing Fees/Attorney Cost** Site PlanReview* ($50 CUP/SPRNACNARMAP/Metes and Bounds, $400 Minor SUB) Subdivision' TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. 'Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of transparency for each plan sheet. Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed,the appropriate fee shall be charged for each application. PROJECT NAME VI-11 ' iAroCi. PF CI)t,,sSi LOCATION ?`50 T L 111 0/6 04-p u 0 N RI t)E3 C tI A N FIA- SP►J MA) -5-5-31'7 Urn T oc (ihnT 4 -iL - i r' LEGAL DESCRIPTION Rc-, / r_�2-rrr ',--rs r C' ,►.'-r �� e- .-...C: d'•ri go ,--- '5.-- ► �'Z0c.vN I'd/P / / /.., 2.41.06 6 ,.2-3 TOTAL ACREAGE 10.C1 WETLANDS PRESENT YES ( NO PRESENT ZONING A P-- REQUESTED ZONING y k(flE. PRESENT LAND USE DESI3NAT!ON 4 ' REQUESTED LAND USE DESIGNATION srvene REASON FOR THIS REQUEST IA)nk):i, iJ i. -t D ! V v N `.!SN F•r 11,.,,I=r? T;,' c; t'14 Pr.<�x This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title,Abstract of Title or purchase agreement),or I am the authorized person to make this application and the fee owner has also signed this application. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review exte ' s are approved by the applicant. .gstG - .----, Si.•. s- of A.pli ant Date Sf,./7-:- / V 1.0 f c(r) nature of Fee Owner Date 9 _ Application Received on ! a Iq Fee Paid 0 713 . / Receipt No. I ae'7 The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted,a copy of the report will be mailed to the applicant's address. Dick Henning Enterprises, Inc. 737 Ashley Drive, Chaska, MN 55318 759-5043 City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Attention Cynthia Kirchoff: This application is to request permission from the city of Chanhassen to put up a sign with our company name on it. This sign would be on the property of 850 Flying Cloud Drive,which is where our business is located. Dick Henning Enterprises is requesting this sign because at the present time there is no way of knowing who we are or what are location is,we also feel that it would be an excellent source of advertising. The sign will not impair the supply of light or air to the adjacent property. The sign will not increase the danger of a fire,nor will it endanger the public safety or diminish or impair any property values within the neighborhood. We would appreciate your approval on this matter. Thank you for your time. Since , Dick Henning Dick Henning Enterprises (; #L�uJ 1D y 1c )L § 20-257 CHANHASSEN CITY CODE Sec. 20-257. Wholesale and retail nurseries. (a) Intent. It is the intent of this section to recognize that pre-existing retail nurseries and garden centers are located within the city and may be in conflict with the comprehensive plan and zoning ordinance. These establishments pre-date current ordinance standards. To allow for planned and orderly development, the city finds it necessary to regulate the expansion or intensification of these uses and to provide standards for any future retail nursery or garden centers.It is the intent of this section to promote the health,safety,general welfare,aesthetics, and image of the community by regulating the creation and the expansion of existing retail nurseries and garden centers. The creation or expansion of these uses will be allowed only by interim use permit by the city council. (b) [Conditions.) The following conditions will apply to wholesale and retail nurseries: (1) The site must be on a collector or minor arterial as identified in the comprehensive plan. (2) The minimum lot size is five (5) acres. (3) All storage and yard areas as well as buildings must be set back fifty (50) feet from public or private road rights-of-way, and three hundred (300) feet from an adjacent single-family residence or a minimum of fifty(50) feet from a side lot line, whichever is greater. (4) All outdoor storage areas must be buffered from adjacent properties. Buffering may be accomplished using berms, fencing, landscaping, natural topography, or increased setbacks.The city council may require storage areas to be completely screened by one hundred (100) percent opaque fencing or berming. (5) Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The city council may further restrict hours of operation if the use is located adjacent to property guided residential as identified in the comprehensive plan. (6) Light sources shall be shielded. (7) No outside speaker systems shall be allowed. (8) A termination date shall be established for the interim use permit. The use shall be permitted until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Prior to the permit expiring,the applicant may request an extension to the interim use permit by submitting a new application. The renewal application will be subject to all city ordinances including any new ordinances enacted after the original approval. (9) One(1)wall sign not to exceed ninety(90)square feet and one(1) monument sign not exceeding twenty-four (24) square feet in size or eight (8) feet in height shall be permitted on the premises. The council may further restrict the size and location of signs if the use is located adjacent to property guided residential as identified in the comprehensive plan. (Ord. No. 80,Art. V, § 9(5-9-1(6)), 12-15-86; Ord. No. 248, § 2, 3-11-96) Supp. No. 9 1176.2 1 . , e-9- ./-------- n Isb \ ,,,,,,,,i, , v,,,,.c7i, J 7 •'. . --: 7 . . • • .-- I', ,,,'-• ....1 . i •• S sivrt ..„,,, •• ...' i . . , g . ... ,, .. ‘10. ...a . •••1 . , af4 1144,0 - ,„,,e). IC- . ___________, ...-______, - . IT 4.4. 41, , ; Iii 1.... ir. low ,,.14T I i / 1%/ -- -- 1 PM i 44- ___-- #1 U571-C ) 0 0 00 • 0 0 0 00 r S. ) 0 0 0 0 0 0 0 0 0 lad- 0 6 o oo . 0 015)FL isi, 0 0 0 00 i ,..1.. _ _- pt cits,: ej rytCI- 'LAI Y IC.- it :DSI.Yi X' II P I,A1\17 , ••• I at / 'L211111_)1__ _ - . • J #2a, owiNe F r # SPONING P Ai • HWY 212 #4 1'AP\-7(ING l'51, 1._'_.)- PLAY/ _'. ''.• bl/1b/l 3 4 l e:4b bl'14 I bhy4b uKHtaur.i l wrtt i tnua i rHuc G1 ALL METRO SUPPLY'S' NURSERYAND LANDSCAPE c&wrE,e 850 FLYING' Cl DUD SCALA 5565) NOTICE OF PUBLIC HEARING r�� 116 PLANNING COMMISSION 411PWednesday, August 20, 1997 • AO, � at 8:30 p.m. �' � � _ r i City Hall Council Chambers . '.t �'� a 441101111100 690 Coulter Drive � � �to_ • 1rova Drive WIUS 21 SUBJECT: Amend Interim Use Permit Jr Regarding Signage • . . . APPLICANT: Dick Henning �• LOCATION: Northwest Corner of Great Plains Blvd. (Hwy. 101) and Hwy. 212 NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Dick Henning, is requesting an amendment to the interim use permit to allow a 32 sq. ft. monument sign and an 8 sq. ft. variance from the 24 sq. ft. monument sign requirement, located at 850 Flying Cloud Drive, in the northwest corner of Great Plains Blvd. (Hwy. 101) and Hwy. 212. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1 . Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Cindy at 937-1900 ext. 117. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on August 7, 1997. HAROLD F HESSE STATE OF MN-DNR TAX SPECIALIST 1425 BLUFF CREEK DR 1201 E HWY 2 ;HASKA. MN 55318 GRAND RAPIDS, MN 55744 _GUISE E ZAMJAHN ETAL VERNE L&SUSAN SEVERSON ;/O DAVID ZAMJAHN 675 LAKOTA LN '506 77TH ST CHASKA, MN 55318 ;HASKA, MN 55318 JBA PARTNERSHIP DEBRA L WENDORF '301 OHMS LANE#345 740 VOGELSBURG TRL EDINA, MN 55439 CHASKA, MN 55318 ;KIP S COOK ALLEN R ROTHE 5506 VILLAGE WOODS DR 750 VOGELSBERG TRL EDEN PRAIRIE. MN 55347 CHASKA, MN 55318 ;TATE OF MINNESOTA WILLIAM E & MARSHA JO HARDER )EPT OF TRANSPORTATION 1025 HESSE FARM RD METRO SQUARE BLDG CHASKA, MN 55318 ;T PAUL. MN 55101 ;TATE OF MINNESO L RICHARD& KAREN C DEE )EPT OF TR ORTATION 1201 HESSE FARM CIR MET UARE BLDG CHASKA, MN 55318 IT. AUL. MN 55101 ;KIP S COOK JOHN D & BARBARA J FORCE 5506 VILLA OODS DR 1001 HESSE FARM RD =DEN IRIE, MN 55347 CHASKA, MN 55318 OHN & DOLORES MALZAHN 0551 GREAT PLAINS BLVD ;HASKA, MN 55318 11LEY PURGATORY BLF CRK WS /O RAY HAIK 22 S 9TH ST #3300 1INNEAPOLIS, MN 55402 ATRICK BLOOD &NANCY LEE .0. BOX 94 HAKOPEE, MN 55379 ii CITY OF tiiiir, . 00 C IIANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Cynthia Kirchoff, Planner I DATE: August 13, 1997 SUBJ: Ordinance Amendment, Section 20-908, YARD REGULATIONS, to prohibit additional encroachments once a variance has been granted - BACKGROUND Over the past few years there has been an increasing number of variance requests that also take advantage of Section 20-908, which allows structures or architectural features to encroach into a required front, side or rear setback. For instance, in 1996 the City Council granted a variance upon the recommendation of the Board of Adjustments and Appeals for the construction of a single-family home at 3870 South Cedar Drive. The lot is approximately 5,600 sq. ft. in area and 40 feet in width. The applicant was granted three (3) foot side yard setback variances and a thirty-one (31) foot lake shore setback variance. The home was to be located seven (7) feet from the side property lines. After the home was built, staff found that the eaves encroached two (2) _ feet in the new setback. Essentially, the home was five (5) feet from the property lines, not seven (7), as the City Council had permitted. Currently, the ordinance allows roof eaves, open porches, bay windows, etc. to encroach into a required setback(Section 20-908). However, in this case the neighbors found the additional encroachment of the eaves to be disturbing because they believed that the applicant was given additional relief beyond the requested variance without approval. Staff is of the opinion that this is a gray area or a possible loop hole and is proposing to change the ordinance. ANALYSIS In order to prevent these types of encroachments from occurring in the future, staff has prepared an amendment to this ordinance prohibiting encroachments in setbacks where a variance has been granted unless specifically granted by the Board of Adjustments and Appeals. The ordinance is attached. Staff is of the opinion that this amendment should be a simple statement. - Ordinance Amendment August 11, 1997 Page 2 It is also believed that a note should be placed in the report stating that features may not encroach into the new setback. RECOMMENDATION Staff recommends that the Planning Commission approve the ordinance amendment. ATTACHMENT 1. Section 20-908 with proposed amendment ZONING § 20-908 Sec. 20-908. Yard regulations The following requirements qualify or supplement district regulations. Yard measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications: (1) Every part of a required yard or court shall be open and unobstructed. (2) A yard, court, or other open space of one (1) building used to comply with the provisions of this chapter shall not again be used as a yard,court,or other open space for another building. (3) Except as provided in the business, industrial, and office districts, the front yard setback requirements shall be observed on each street side of a corner lot; provided, however, that the remaining two(2)yards will meet the side yard setbacks. (4) On double frontage lots,the required front yard shall be provided on both streets. Whenever possible, structures should face the existing street. (5) The following shall not be considered to be obstructions(variances granted from a required setback are not entitled to the following additional encroachments): a. Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves, or other architectural features may project a distance not exceeding two (2) feet, six (6) inches; fire escapes may project a distance not exceeding four (4) feet, six (6) inches; an uncovered stair and necessary landings may project a distance not to exceed six (6) feet, provided such stair and landing shall not extend above the entrance floor of the building; bay windows, balconies, open porches and chimneys may project a distance not exceeding three (3) feet; unenclosed decks and patios may project a distance not exceeding five (5) feet and shall not be located in a drainage and utility easement. Other canopies may be permitted by conditional use permit. b. The above-named features may project into any required yard adjoining an interior lot line, subject to the limitations cited above. c. Porches that encroach into the required front yard and which were in existence on February 19, 1987 may be enclosed or completely rebuilt in the same location provided that any porch that is to be completely rebuilt must have at least a ten-foot minimum front yard. d. Subject to the setback requirements in section 20-904, the following are permitted in the rear yard: enclosed or open off-street parking spaces; accessory structures, toolrooms, and similar buildings or structures for domestic storage. Balconies, breezeways and open porches, unenclosed decks and patios, and onestory bay windows may project into the rear yard a distance not to exceed five (5) feet. ZONING § 20-908 increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district. (Ord. No. 80, Art. VI, § 10, 12-15-86) Sec. 20.908. Yard regulations. The following requirements qualify or supplement district regulations. Yard measure- ments shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications: (1) Every part of a required yard or court shall be open and unobstructed. (2) A yard, court, or other open space of one (1) building used to comply with the provi- sions of this chapter shall not again be used as a yard, court, or other open space for another building. (3) Except as provided in the business, industrial, and office districts, the front yard setback requirements shall be observed on each street side of a corner lot; provided, however, that the remaining two (2) yards will meet the side yard setbacks. (4) On double frontage lots, the required front yard shall be provided on both streets. Whenever possible, structures should face the existing street. (5) The following shall not be considered to be obstructions: a. Into any required front yard,or required side yard adjoining a side street lot line, cornices, canopies, eaves, or other architectural features may project a distance not exceeding two (2) feet, six (6) inches; fire escapes may project a distance not exceeding four (4) feet, six (6) inches; an uncovered stair and necessary landings may project a distance not to exceed six (6) feet, provided such stair and landing shall not extend above the entrance floor of the building;bay windows, balconies, open porches and chimneys may project a distance not exceeding three (3) feet; unenclosed decks and patios may project a distance not exceeding five(5)feet and shall not be located in a drainage and utility easement. Other canopies may be permitted by conditional use permit. b. The above-named features may project into any required yard adjoining an inte- rior lot line, subject to the limitations cited above. c. Porches that encroach into the required front yard and which were in existence on February 19, 1987 may be enclosed or completely rebuilt in the same location provided that any porch that is to be completely rebuilt must have at least a ten-foot minimum front yard. d. Subject to the setback requirements in section 20-904, the following are per- mitted in the rear yard: enclosed or open off-street parking spaces; accessory structures, toolrooms, and similar buildings or structures for domestic storage. Balconies, breezeways and open porches, unenclosed decks and patios, and one- story bay windows may project into the rear yard a distance not to exceed five (5( feet. Supp. No_ 6 1233 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Jill Sinclair, Environmental Resource Specialist Phillip Elkin, Water Resources Coordinator DATE: August 14, 1997 SUBJ: Comprehensive Plan Update: Chanhassen Natural Resources BACKGROUND The Natural Features chapter is the third section of the comprehensive plan that will be examined. Much of the focus of the chapter is on aquatic features of the city: lakes, wetlands. groundwater protection, and creek and river corridors. Tree cover, wildlife and agricultural preservation are also covered. This report will review the goals of 1991 and outline current strategies and recommendations for the preservation and protection of Chanhassen's natural resources. ANALYSIS The Natural Features section is in need of a revision. In the six years since the section has been written much change has occurred in Chanhassen. The natural resources of Chanhassen are now more a part of the identity and planning for the city than ever before. Many of the environmental programs and policies now followed in the city are a direct result of the comprehensive plan recommendations, such as the tree preservation and bluff protection ordinances. A number of the goals for lakes, water quality and wetland protection were achieved 1994, when the City adopted its Surface Water Management Plan into ordinance. This plan identified resources, set goals for protection and preservation, and developed ordinance standards for future development. The City has accomplished a great deal and now has the opportunity to link hindsight and foresight to update the natural feature section to reflect the values and commitment of today's Chanhassen. Planning Commission August 13, 1997 Page 2 RECOMMENDATION Attached is a copy of the Natural Features chapter with staffs analysis and recommendations in bold or italics. (2/91) PURPOSE The City of Chanhassen is currently implementing a number of programs pertaining to environmental protection. There are also a number of proposals for further action that are outlined later in this section. Many of the directions that are presented establish long term goals and policy directions. However, due to funding constraints, the need to develop new programs and policies, time limitations, the need to undertake research and the need to coordinate the many units of government whose jurisdictions include natural resource protection, it is not possible to incorporate the entire implementation package in this comprehensive plan. It is therefore the City's intent that the Plan serve as a blueprint of directives for outlining future efforts and to indicate the City's support for achieving the goals stated herein. While there are still constraints and obstacles to implementing any program or policy pertaining to natural resources, the City has a better grasp of the necessity and importance of its natural resources than ever before. Past experience proves that multiple jurisdictions, time constraints, and funding constraints do not necessarily discourage or limit progress in the natural resources agenda. This chapter should reflect the City's commitment to the utilization, conservation and preservation of its natural resources. NATURAL FEATURES Natural features pose specific constraints and development opportunities. Additionally, they add a set of perceptions or values which make a specific geographic area "unique" and different. However, in order to consider physical parameters within the planning process, it is first necessary to identify pertinent natural features. Upon identification, policies can be established to maximize these resources and enhance the benefit to the public. Natural features impact both community planning and site planning efforts. In site planning, topography, soil conditions, vegetation and drainage are major considerations. These factors are also important in community planning, however, land use recommendations contained in comprehensive plans generally focus on larger scale features. In Chanhassen, four large-scale features dominate the landscape. They include lakes, wetlands, creek and river corridors and tree cover. Each of these are reviewed as follows. LAKES Chanhassen contains nine major lakes, all but three of which lie solely within the community's corporate boundaries. These lakes serve as a habitat for fish and wildlife and offer recreational opportunities for adjacent residents and the general public. The City's lakes also contribute to Chanhassen's community identity. They are typically surrounded by desirable neighborhoods having unique identities often intertwined with that of the lake. The City of Chanhassen has already established a series of protective measures for the lakes. The current zoning ordinance establishes a shoreland overlay district that was consistent with guidelines established by the Minnesota Department of Natural Resources. The City's lakes are divided into two categories as follows: 1 NATURAL ENVIRONMENT LAKES RECREATIONAL DEVELOPMENT LAKES Rice Marsh Lake Lake Riley Harrison Lake Lake Lucy Lake St. Joe Lake Ann Silver Lake Lake Susan Lake Minnewashta Christmas Lake Lotus Lake The DNR has recently revised shoreland protective measures and has targeted Chanhassen as a high priority community for implementing new protective ordinances. Staff has begun working with the DNR to refine and implement these measures for local use and anticipates having them in place by the spring of 1991. Water quality of area lakes has been identified as a significant and growing issue by concerned governmental agencies, the City and residents. Water quality impacts come from two sources which are broken down into point and non-point source pollution. Point source pollution is relatively easily to identify since it is typically generated by a single use or source. As such, environmental legislation implemented during the 1970's has generally been successful in reducing, eliminating, or mitigating most point source impacts. Chanhassen is fortunate that, for the most part, our lakes have never been used as point source discharges from industrial sources. Periodically in the past, there have been discharges from failing or inadequate on-site waste disposal systems serving residences, however, this problem has largely been eliminated by the extension of municipal sewer service. In recent years, City Codes have also been tightened to require the installation of on-site systems built to the highest standards with provision for an alternate drainfield site for use when the first field fails. Rice Marsh Lake had also been impacted in the past by discharges from a small sewer treatment facility and agricultural use that have since been eliminated, however, they have left a significant residue of organic material on the lake bottom. Non-point source pollution represents a significant potential impact to Chanhassen's lakes and is much more difficult to control since by definition there is no one particular source. Examples of non-point source pollution include fertilizers spread on agricultural or residential properties that run off into area lakes and storm sewer outflows that flush organic materials from streets and paved surfaces into water bodies. Non-point source pollution is going to be dealt with in a variety of forms by a number of agencies. Metropolitan Council staff is actively involved in researching the matter. Watershed Districts are initiating water quality testing programs and hopefully, will be implementing water quality improvement projects in the future. The Metropolitan Waste Control Commission is under considerable pressure to respond to organic nutrient loading in the Minnesota River which is contributed to by their facilities at Chaska and Blue Lake as well as nutrient loading contributed by area creeks. The City certainly has a role to play in water quality protective measures, however, the exact nature of this role and its coordination with other involved agencies remains yet unclear. City Staff has been involved in discussions with staff members of all interested agencies and anticipates a growing emphasis in this area. The City expects to actively participate in any "task forces" appointed to deal with the issue by the Metropolitan Council. At this point in time, research is being conducted to better define the nature of the problem and to identify reasonable mitigative techniques that may be employed to respond to it. A goal of these programs is to be able to manage the City's water resources so that nutrient runoff into lakes and other water 2 bodies is not measurably increased by development and instances where degradation attributable to nutrient runoff is already present to undertake remedial actions to improve these situations. Resolving water quality issues will require time, effort and funding by a variety of agencies, including the City of Chanhassen. It is essential that this problem be dealt with in a comprehensive manner but does selectively deal with the City of Chanhassen or with individual lakes within Chanhassen but is rather a focus of the well developed plan of action agreed to by all involved. The City of Chanhassen has adopted a Comprehensive Surface Water Utility Program. As a component of this plan,water quality issues will be dealt with. In 1992 the City of Chanhassen adopted shoreline regulations in accordance with guidelines set by the MnDNR. Currently, the City's shoreline alterations ordinance is more restrictive than those required by the DNR and area watershed districts. However, there are few areas left on recreational lakes in which development can occur. The most recent proposals for development along lakes has come in the form of attempts to split existing lakeshore lots. In 1994 the City of Chanhassen adapted a Surface Water Management Plan (SWMP) which identified the need for protection of lakes and wetlands. This plan identified the City's wetlands, identified each lake's watershed district and each sub-watershed district. The plan also provided a design for using existing wetlands and creating new wetlands to manage water quantity and improve water quality. In this plan a new criteria was developed for the acceptable quantity and quality of runofffrom new developments. The goal of improving water quality by eliminating point sources has taken a different strategy. The focal area of point source pollutants has changed from location of industrial or sewage discharge, to the runofffrom impervious surfaces of existing developments or roads. This runoff has been found to have a high nutrient content which contributes to high nutrient loads within area lakes. Excessive nutrient levels increase the amount of algae within a lake, reducing visibility and eventually reducing the amount of oxygen available for fish populations. In addition to the requirements of new developments the City is using the SWMP to identify existing points along lakes where untreated water runs off directly to into lakes. The City has also developed lake management plans for the major lakes within the city;Lotus, Riley, Minnewashta, and Christmas. In cooperation with the Riley Purgatory Bluff Creek Watershed district,plans will be completed in 1997 for Lake Ann, Lake Lucy, and Lake Susan. These reports will be updated bi-annually with water quality tests and lake plant inventories. These plans list goals for increasing fish populations, reducing nutrient loading, dealing with exotic species and advice for lake friendly aquascaping. The City has also been working to pass a no wake ordinance that will protect lake shore from eroding due to wave action caused from boats during extreme high water periods. Although the City is working on long term projects to improve water quality, there are emerging issues with lakes for which there are no easy solutions. One of these issues is Eurasian Watermilfoil. This exotic plant has taken hold in five of the city lakes, Christmas, Lotus, Minnewashta, Riley and Ann, and shows no sign of being controlled. Milfoil grows in depths up to 12 feet and mats itself on the surface of the water, impeding boat travel and swimming activities. Currently, the only effective method of control is using herbicides which only temporarily removes its growth. This practice creates a difficult dilemma for the City, chemical treatment may provide 3 short-term relief to the milfoil problem, but what effect do the herbicides have on the lake's ecosystem? As the use of city lakes increases, the probability of other exotics invading the lakes are inevitable. The zebra mussel is another exotic species which has been found in Minnesota lakes and may soon invade Chanhassen waters. Increased use of public accesses is also a concern. With the increase in Chanhassen's population in recent years, the boat traffic on city lakes has increased as well. As property taxes on lakeshore lots continually increase, the demand for services to manage the problems arising on city lakes will also increase. Future lake management within Chanhassen will be finding the balance of protecting and improving water quality, and preventing overuse and abuse of the resources, while maintaining accessibility for all Chanhassen residents. WETLANDS In recognition of the value of wetlands, the City of Chanhassen has enacted wetland protection regulations designed to conserve, protect and enhance these environmentally sensitive resources. Wetlands in Chanhassen are classified as either Class A or Class B and have been graphically depicted on the Chanhassen Wetlands Map. Class A wetlands correspond to OMD Circulation 39 Types 3,4, 5, 6, 7 and 8 and are afforded the most stringent level of control, Type B wetlands, which correspond to Type 2. The City Wetland Ordinance is designed to be more comprehensive and inclusive then mandated state programs administered by the Minnesota Department of Natural Resources. Wetland protection regulations prohibit specific uses in the two classes of wetlands. Certain activities are permitted within wetland areas, subject to the issuance of a wetland alteration permit. The ordinance also seeks to gain improvements for wetlands as a part of mitigation techniques where appropriate. Wetlands are protected during the subdivision process by outright dedication or by protective easements. • Chanhassen was one of the first communities in the Twin City metropolitan area to adopt a comprehensive wetland ordinance. When adopted, the ordinance was innovative due to the timing, extent and level of detail it embodied. After working with the ordinance, experience has shown that some modifications may be in order. The ordinance itself is worthy of reassessment since new methods and innovative techniques for protecting wetlands have been developed. Methods worth review are those which seek to place a value on the wetland which is then used as a guide for decisions on modification, relocation or preservation. The practical application and comprehensibility of the ordinance should also be reviewed. In order to be effective, the ordinance should be easily understood by property owners, developers and staff assigned to administrative roles. Accurate mapping is the key to enforcement of any wetland ordinance. Chanhassen's current map is based on infrared aerial surveys which provide a good overview but is not an accurate enough depiction of the extent, type and existence of some wetland areas. Better mapping would aid in the enhancement and preservation of Chanhassen's wetland areas. It is anticipated that any new maps would provide data as to wetland type and establish an "official" wetland contour. Establishing the contour is essential since it provides a consistent, understandable point at which protective efforts 4 come into play and can easily be shown on surveys prepared in support of development proposals and building permits. Wetland areas frequently fall under the domain of more than one local, state or federal agency. The City of Chanhassen has established cooperative working relationships with the local watershed districts, the U. S. Fish and Wildlife Service, the U. S. Army Corps of Engineers, the Minnesota Department of Natural Resources and the U. S. Environmental Protection Agency. In the future, the City may be required to interact more extensively with the EPA under possible "no net loss" provisions that may be adopted by the state and national level. The City of Chanhassen supports the concept of a no net loss program for city wetlands. To the maximum extent possible, the city has utilized its current ordinance in an attempt to achieve this goal, although past efforts have clearly lacked the comprehensive focus that is necessary for it to be effective. The issue of wetland protection cannot be reviewed in detail without considering storm water management policies. From a strictly hydrologic standpoint, wetlands have always been intertwined with the drainage and utilization of property, whether it be for agricultural purposes or to accommodate urbanized development. Due to their location within local watersheds, wetlands have often been the primary repository of storm water where on-site retention is required to minimize downstream flooding. This concept is not necessarily a bad one, but it requires further explanation and expansion. Treating wetlands simply as a storm water holding area overlooks their potential for wildlife habitat, groundwater recharge area, filtering bodies for nutrient loading into the watershed, and for open space. The City of Chanhassen understands and supports the comprehensive approach to wetland preservation. It is believed that this could best be dealt with by the drafting of a comprehensive storm water management plan that would look at not only flood control issues, but also with issues of wetland preservation and water quality. This comprehensive approach is essential since the city's wetlands, retention areas, creeks and-other water bodies function in concert with one another as part of the city's water resources. The City has attempted to deal with storm water management as effectively as possible given the limitations of not having an overall storm water management plan. In general, all new development is required to retain storm water on-site to ensure it is released to downstream properties at a rate no greater than the rate that was in existence prior to development. This is effective from a flood control standpoint, but presents difficult management problems due to the multitude of water retention areas. It also does not promote full coordination with wetland preservation efforts nor does it deal effectively with water quality issues. Recognizing this shortfall, a study of the Riley Creek Basin was recently completed by the City. It is a comprehensive approach to storm water management on a drainage basin basis but it is only one of several basins and is limited to storm water issues. The city has worked effectively with the watershed districts having jurisdiction in our community and will continue to do so; however, it is clear that additional work is required. It is therefore the city's goal to undertake work needed to complete a comprehensive storm water management plan. Funding of such a plan is a significant undertaking for a community, particularly given the scope of work that is envisioned. The City Council has established a surface water utility fund to support planning and implementation activities envisioned in this element. The city has also recently expended funds to acquire a new set of aerial topographic maps that will be used to complete these planning efforts. 5 Since this report was written several changes have been made in laws and regulations regarding wetlands. In 1992 the state of Minnesota passed the Wetland Conservation Act(WCA), which put wetland protection and preservation into law. The goal of this act is to replace wetlands lost to previous activities and to prevent the loss of existing wetlands. Wetland identification and protection have become integral parts of all development throughout the entire state including Chanhassen. The City of Chanhassen has continued to take the lead on the issue of wetlands and their protection. The 1994 SWMP plan included identification and reclassification of wetlands within the City. Low areas were identified as possible wetland sites. Wetland specialists made field identification of these sites and detailed data sheets documenting vegetation, landscape and existing conditions were compiled. These data sheets serve only as a guide for the City, and are not to be used as the defining wetland boundaries. Wetland boundaries are to be determined by professional delineations conducted by parties who propose to impact or develop land in and around these areas. In addition, any proposed development will be required to delineate their sites for the existence of wetlands. From this study a wetlands map was generated and a new wetland classification system was implemented, replacing the A and B classification. The City went to four levels of wetland identification;Pristine, Natural, Ag/Urban and Utility. Pristine wetlands were identified as wetlands that remain in their natural state and have special and unusual qualities worth protecting. Natural wetlands are wetlands that still exist in their natural state and typically show little sign of impact from surrounding land use. Ag/Urban wetlands have been impacted by either agricultural or urbanization activities. Utility wetlands are water bodies specifically created to manage surface water created by development. The Seminary Fen located north of Hwy. 212 southwest corner of the City, is the only wetland classified pristine. In 1995 the Seminary Fen was identified by the Minnesota Biological Survey as the most important site in all of Hennepin, Carver and Scott counties. There are approximately 90 acres of calcareous seepage fen in this area with rare and threatened plant species. Preserving and protecting this resource should be at the top of the City's wetland protection and preservation policies. The SWMP plan also initiated ordinances to protect wetlands above the requirements of the WCA. In addition to building setback requirements, each type of wetland also requires an additional protected area referred to as buffer zones. These buffer zones are undisturbed areas between wetlands and development. The goal is to have natural vegetation separation, to act as cover for wildlife and provide protection from urban runoff With the change in wetland laws, the regulation of wetlands has also changed. The state of Minnesota appointed the Minnesota Board of Water and Soil Resources (BWSR) to oversee the regulation of the WCA. BWSR, in return appointed Local Governing Units (LGUs) to implement the WCA for wetland activities. Chanhassen was appointed as LGUfor activities in it's own City. This change gave Chanhassen some responsibility and control over wetland activities, but permits and approval were still required from the Army Corps of Engineers, the Minnesota Department of Natural Resources, Minnesota Pollution Control Agency and local Watershed Districts. In an attempt to simplify regulation, Chanhassen was one of a select few LGUs selected to participate in a 6 program which would make LGUs the sole governing agency, in cases where wetland impacts are less than three acres. In addition, 1996 revisions to the WCA allowed LGUs to develop their own comprehensive wetland plans. The City of Chanhassen has submitted a draft plan to BWSR. and because of previous work done in the SWMP, the City is in the final stages of having their plan approved. This plan allows the City to develop their own rules specific to wetlands in Chanhassen. The Chanhassen wetland comprehensive plan proposes to expand its wetland classification system. Currently 75 % of the wetlands identified in the City are identified as AG/urban. The Plan proposes to conduct function and value determinations of these wetlands to identify higher quality wetlands and make recommendations for restoration projects. The future of wetland protection and planning is dependent on following the recommendations of the Surface Water Management Plan (SWMP). The SWMP was written to serve the City as a tool to protect,preserve and enhance its water resources. The plan identifies from a regional perspective the stormwater quantity and quality improvements necessary to allow future development to take place and minimize its impact to downstream waterbodies. The general objectives of the Chanhassen Surface Water Management Plan are as follows: To improve and maintain lake water quality, preserve and enhance wetlands,prevent flooding, reduce erosion and sedimentation from surface flows,promote groundwater recharge,protect and enhance fish and wildlife habitat,provide water recreational opportunities, enhance the natural beauty of the landscape, and to secure the other benefits associated with the proper management of surface water. Flood Protecting Goal "To provide 100 year flood protection for all persons and property." Water Quality Protection Goal "To protect and improve water quality within Chanhassen lakes, streams, wetlands, and in the Minnesota River by mitigating both point and non point sources of water pollution." Wetland Protection Goal "To protect and rehabilitate wetlands to maintain or improve their function and value." CREEK AND RIVER CORRIDORS Chanhassen is fortunate to have significant natural amenities in the form of creek and river corridors. The community is bisected by Bluff Creek and Riley Creek. The southern boundary of the community is formed by the Minnesota River. These corridors represent significant visual, environmental and recreational amenities for the community. The creek corridors create ideal locations for city trails. The creeks which often have adjacent wetlands and steep slopes also form ideal boundaries between incompatible uses. The Comprehensive Plan can serve as the basis for the long term acquisition and/or protection of the creek corridors. The Bluff Creek corridor is identified on the plan as a protected area with the intent that it will be acquired as opportunities arise and funding permits. The Minnesota River and the adjacent bluff line constitute an extraordinarily high quality environmental and visual element within the community. The river bottom is protected as a National Wildlife Refuge. To the extent that it is feasible to do so, the City of Chanhassen should promote efforts to preserve these bluff areas. The bluffs, which are visible from distant locations, overlook the river and contain steep, often unusable slopes and stands of mature vegetation. This Plan should 7 provide a framework for reviewing protection policies in these areas including the mitigation and removal of incompatible land uses found along the TH 169/212 corridor. It is the city's intent to develop a bluff line protection ordinance to preserve the scenic amenity and environment of the river valley. At the time this plan was drafted, the Planning Commission was in the process of developing a draft ordinance to achieve this goal. Gravel mining along the bluff represents a significant and potentially growing source of impact to its preservation. In May of 1990, the City Council adopted a new ordinance that deals with mining in a comprehensive manner or when used in tandem with a bluff line protection ordinance, should offer high levels of protection. The Planning Commission is also actively investigating the future of development along the TH 169/212 corridor. At the time of writing, it is believed that this process will result in ordinances and zoning changes that would have the effect of establishing additional limitations on use in this area capable of protecting the environment of the river corridor. While these policies are still in the process of being drafted, it is believed that the end result will be the ultimate conversion of land located south of the highway to natural open space purposes in conjunction with the National Wildlife Refuge that follows the Minnesota River. As part of its continued effort to protect natural resources, the City recently completed a management plan for the Bluff Creek corridor. The Bluff Creek Watershed Natural Resources Management Plan is the City of Chanhassen's response to preservation of its natural resources in the midst of rapid growth and development pressures. The idea behind the plan was to identify the significant natural features found along the Bluff Creek corridor and establish guidelines and goals on how to preserve and protect the area before development occurs. The management plan identifies and describes the topography, soils, vegetation, wildlife, wetlands,parks and trails, and land use within the Bluff Creek watershed area. Currently, the watershed is in a state of land use transition due to the community's rapid growth and development. Bluff Creek itself will experience increasing volumes of runoff associated with development in the coming years. Approximately 70% of the watershed is undeveloped. Over half of the undeveloped area was unguided for future land uses. The final plan is the result of a collaborative effort between preservationists, land owners, business interests, developers, citizens and government. It also represents the interest and cooperation between federal, state, and local jurisdictional agencies. The Bluff Creek Watershed is named after Bluff Creek which runs approximately 6.6 miles along the central part of the watershed. The creek winds its way through the city,from a large wetland complex southeast of Lake Minnewashta, through rolling hills and steep bluffs before dropping more than 70 feet into the lower valley and finally discharging into Rice Lake and the Minnesota River. The Bluff Creek Watershed is approximately 9.6 square miles and runs north to south along the western portion of Chanhassen, MN. The watershed also includes Chanhassen's most significant remaining natural resource, the Seminary Fen. In order to preserve this area, it is the City's goal to acquire lands adjacent to the stream as opportunities arise and funding permits. The City has already acquired portions of the corridor through easement and fee title as development has occurred. Currently, the Parks and Recreation department is looking to acquire areas within the lower portion of the stream (Bluff Creek Park, 8 Power Hill Park and Stone Creek Park) in an attempt to protect,preserve, enhance and/or restore its natural features. Serious efforts began in 1993 to produce a watershed plan that would look at the system as a whole, rather than individual parts. In 1994, the City identified the need for a process to prepare and implement this natural resources plan for the Bluff Creek, which would include a partnership among community, state, county and federal agencies, non-profit organizations, and the private sector(business and developers). The Bluff Creek Watershed received funding from the City of Chanhassen, the Minnesota Department of Natural Resources, and the Riley Purgatory Bluff Creek Watershed District. In addition, the Metropolitan Council Water Quality Initiative has granted the city seed funds to begin project implementation as designed by this plan. The City has also petitioned the Riley Purgatory Bluff Creek Watershed District for a basic water management plan to help the City complete its goals using funding from a broader tax base. The City continues to pursue other potential funding sources and anticipates using the plan as a tool for seeking further funding. On December 16, 1996, the Chanhassen City Council adopted the Management Plan as an element of its comprehensive plan. The plan has already been used in development proposals, obtaining increased building setbacks than are normally required. GROUNDWATER PROTECTION Traditionally groundwater resources in the State of Minnesota have been taken for granted due to their relative abundance and quality. However, over the past ten to fifteen years it has become increasingly apparent that these resources are being threatened with pollution and over use. Chanhassen's entire water supply is generated from deep wells and it is imperative that our community seek to protect and preserve this resource. Groundwater protection requires a two track approach. The first is the protection of recharge areas that serve to allow the resource to be naturally replenished. To this end, the City is fortunate to have extensive lake areas, large areas of permanently dedicated public open space, and an active wetland protection program that will preserve the most sensitive of these areas. The second part of the approach requires the protection of the resource from impact by sources of pollution. To this end,the City has undertaken the following: 1. To ensure that all abandoned wells are permanently and securely capped to avoid direct introduction of pollution into the aquifer. 2. Undertake and improve inspections and approval programs for on-site sewage systems and when necessary replacing these systems with public sanitary sewer. 3. The City has been actively involved in the removal of leaking underground storage tanks and the treatment of contaminated soils that result. The City has undertaken this on several properties that were subject to redevelopment activities has cooperatively worked with private individuals who have encountered such problems. It is anticipated that these efforts will continue. The State of Minnesota is requiring all cities, including the City of Chanhassen, to develop a ground water protection plan. The City has been active in participating in Carver County's plan and is projected to have a plan in place by 1999. 9 (2/91) TREE COVER Some of Chanhassen's most prominent natural features are the areas of extensive tree cover that exist within the community. These areas contribute to the open spaces and rural flavor of the community. In addition to the functions that they perform in nature, they are important determinants of the City's image and as such, should be preserved where feasible. In order to enhance the supply of tree cover in the community, Chanhassen is currently examining two approaches. The first involves the adoption of a reforestation ordinance that requires replacement of tree cover which is lost during construction activities. The second approach is to inventory significant stands of tree cover for the purpose of preserving such areas. The City has been working with the DNR forestry staff to identify areas of significant tree cover. These areas should be mapped so that they can be adequately addressed in the development review process. Preservation of significant tree cover may require density transfers during development or other techniques to compensate property owners. Historically, the City of Chanhassen was covered by the "Big Woods,"so called by the surveyors of the Federal government during the laying out of the township and range lines in the 1830s. This forest stretched from southeastern to northwestern Minnesota. The large, deciduous forest consisted of fifteen tree species and several species of shrubs,forbs, herbs, wildflowers and grasses. Some of the most common tree species included sugar maple,American linden, northern red oak, bur oak, ash, and elm. Close to seventy percent of the city was forested by these woods while the other thirty percent comprised of wetlands, open water, and oak savanna openings. The soils under the forest were very fertile making them desirable to farmers who started populating the area in the 1800s. The forest was cleared and tilled and the vast majority of trees were lost. Wetlands were also lost by farmers draining them to create more tillable fields. The trend has basically continued to the present. Forests that weren't cleared for cropland were used as pasture, causing the destruction of the forest ecosystem by the cattle eating and stomping out the tree and shrub seedlings and other plants. This practice has also continued to the present. The only survivors of these heavily grazed stands are the mature and over-mature trees. Chanhassen has taken a number of steps towards preservation and reforestation of its woodlands. The City succeeded in passing a tree preservation ordinance and completed the aforementioned Minnesota Department of Natural Resources (MnDNR) inventory. The ordinance is used regularly in all development reviews and has proven to be effective at securing replacement plantings, but still allows a significant amount of forested areas to be removed for development. The MnDNR inventory identified a number of wooded areas throughout the city all of which are on private land. The inventory was to be used as a guide for development decisions near or within those areas. However, it has not been used as such. Restricting development within any privately-owned wooded areas is difficult, regardless of how sensitive the area may be. A third step has been the employment of tree preservation or conservation easements in wooded areas within residential developments. These easements generally do not allow the removal of any trees within the easement and will run with the property in perpetuity. By using these easements, large blocks of tree cover can be preserved, thereby attempting to retain the integrity of a forested area. Trees preserved in groups can more successfully sustain bird and wildlife populations as well as secure a 10 sustainable forest for the future. One other means of gaining tree cover in the city is the practice of including significant boulevard plantings with all collector road improvements and development. In most cases, a project will include hundreds of overstory trees and other plantings. This not only provides the cooling,purifying, and energy-saving benefits of trees, but also increase the aesthetic value and community pride in our city streets. In light of all measures employed, the city is still losing tree cover to residential, industrial and infrastructure development. Since trees do serve as an indicator of community health and image, more commitment to their preservation is needed. In addition, Chanhassen should strive to create and maintain a sustainable forest. Sustainability of our urban forest means one that is ecologically sound, socially acceptable and economically efficient. The fact that Chanhassen is evolving from an agricultural to urban community intrinsically means there will be more trees in the future. To insure a safe, health, and diverse urban forest, the City should develop a forestry management plan that incorporates long term goals and objectives as well as management practices and procedures. GROUNDWATER PROTECTION Traditionally groundwater resources in the State of Minnesota have been taken for granted due to their relative abundance and quality. However, over the past ten to fifteen years it has become increasingly apparent that these resources are being threatened with pollution and over use. Chanhassen's entire water supply is generated from deep wells and it is imperative that our community seek to protect and preserve this resource. Groundwater protection requires a two track approach. The first is the protection of recharge areas that serve to allow the resource to be naturally replenished. To this end, the City is fortunate to have extensive lake areas, large areas of permanently dedicated public open space, and an active wetland protection program that will preserve the most sensitive of these areas. The second part of the approach requires the protection of the resource from impact by sources of pollution. To this end, the City has undertaken the following: 1. To ensure that all abandoned wells are permanently and securely capped to avoid direct introduction of pollution into the aquifer. 2. Undertake and improve inspections and approval programs for on-site sewage systems and when necessary replacing these systems with public sanitary sewer. 3. The City has been actively involved in the removal of leaking underground storage tanks and the treatment of contaminated soils that result. The City has undertaken this on several properties that were subject to redevelopment activities has cooperatively worked with private individuals who have encountered such problems. It is anticipated that these efforts will continue. WILDLIFE Chanhassen and most other developing communities have not had an active wildlife preservation effort embodied in the Comprehensive Plan. There is ample evidence to indicate that urbanization results in significant changes in species and range of wildlife that will be encountered in the 11 community. Chanhassen is fortunate to have a large number of lakes, significant acreage permanently set aside as protected public open space, the Minnesota River bluff line, the Minnesota River Valley, all of which contain and protect wildlife habitat. The City's wetland protection efforts in the future will be focused in large part on which wetlands constitute significant wildlife habitat and are thus worthy of special protective measures, or where these habitats do not exist requiring that lower quality wetlands be re-worked to create it. The City of Chanhassen believes that it is a reasonable goal to attempt to maximize the preservation of wildlife even as urbanization continues to occur. Where significant habitats are unprotected by measures outlined above are found to exist, the city should strive for their protection by the creation of conservation easements or by outright fee title acquisition where appropriate. Chanhassen contains diverse habitats,from river bottom lowlands and bluffs to mature maple- basswood forests and pristine wetlands, and within each habitat lives a community of plants and animals unique to the site. There has been no inventory of specific plants and animals within the City, but unique natural communities have been identified as a part of the wetland inventory project and the Bluff Creek Management Plan. It can be assumed that rare or endangered species do exist within Chanhassen since there are a number of areas that remain relatively untouched. Since plants and animals play an integral role in the balance and quality of our community, their preservation and protection deserve the City's consideration. Rare natural communities in Chanhassen include the Seminary fen, Silver Lake, the bluffs of Bluff Creek and the Minnesota River, and remnants of the big woods. AGRICULTURAL PRESERVATION Chanhassen has traditionally been an agriculturally-based community with agricultural uses occupying the bulk of actively utilized land and with a central business district dedicated to the support of farming activities. While several farms remain in the community, for the most part this use has either been eliminated by development is often conducted on a lease hold basis with the underlying land held by persons intending to market the property for development. Several large farming operations are located south of Lyman Boulevard and are therefore outside of the MUSA Line expansion that is currently envisioned. The city has no desire to see these operations prematurely eliminated and will cooperate with the owners to allow them to continue as long as it is feasible to do so. However, there is no proposed on-going goal of permanently providing for agricultural land preservation in the community. Chanhassen is surrounded on four sides by urbanized development. The future construction of Highway 212 will bisect an area that is occupied by at least three of the operating farms and can be expected to bring further increases in development pressure. Traditionally, Chanhassen has been an agriculturally-based community with this type of use occupying a substantial amount of the undeveloped land. Although much of the agricultural land has been eliminated by residential development, the City believes that the maintenance of the rural landscape is significant to the future of a quality community. The value of the pastoral landscape makes Chanhassen an attractive place to live and work. Therefore, rural or agricultural landscape preservation should be made a goal. The City has successfully preserved the rural landscape in some residential developments by requiring tree preservation easements in areas with substantial 12 vegetation. Urban development is encroaching on the northern and eastern portions of the city. The proposed construction of Highway 212 can be expected to bring further development pressure and may compromise the rural landscape. IMPLEMENTATION It was noted earlier in this element that in the large part is intended to serve as a blue print establishing goals and policies and directing future work efforts on behalf of the city. A summary of the implementation programs outlined herein follows: This section should be incorporated as policies in the Goals chapter. 1. Work with the Minnesota Department of Natural Resources to update and adopt a revised Shoreland Protection Ordinance. Seek a grant from the MnDNR to help defray related costs. This item has been implemented.. 2. In November of 1990, the City Council adopted a Surface Water Utility District Program to provide funding for comprehensive planning and capital expenditures related to storm water management, water quality improvement and wetland protection efforts. The program is designed to undertake planning, monitoring and capital expenditures related to these goals. A consultant will be retained in spring, 1991, to work with the City on the program. This item has been implemented.. 3. Work with other concerned agencies to develop a comprehensive approach to surface water quality issues. Develop a program that seeks to avoid the introduction of excessive nutrient loading into surface water while resolving existing water quality programs. Continue to replace failing on-site sewer systems with municipal facilities as needed. This item has been implemented. 4. Develop revised wetland regulatory controls. A new ordinance should be developed that seeks to achieve a"no net loss" policy and bases wetland protective measures on the quality and purpose of the individual wetland. Develop an official map that can be used by the City residents and developers to accurately and consistently locate all protected wetlands. Coordinate the wetland protection program with other concerned agencies to reduce duplication of effort and simpliCity procedures for residents and developers. This item has been implemented. 5. Utilize land dedication in conjunction with plat approval and/or fee title purchase to acquire and protect designated creek corridors. This item has been implemented. 13 6. Develop and implement a bluff line protection ordinance to protect the Minnesota River bluff line. A Bluff Protection ordinance was passed by the City Council in October 1991 with additional revisions added in April 1996. The ordinance not only applies to the Minnesota River Bluff area but any bluff line within the city. An additional goal would be to preserve natural slopes wherever possible. 7. Develop plans and ordinances designed to protect the Minnesota River corridor taking the old Hwy. 212/169 route into consideration. Work with the U. S. Fish and Wildlife Service and Minnesota Department of Natural Resources to expand, protect and promote utilization of the resource by Chanhassen residents. This implementation item still applies. 8. Develop a tree preservation ordinance that seeks to protect significant stands of mature trees and requiring replacement of lost trees where this is unavoidable. This item has been implemented. The Tree Preservation ordinance was passed by City Council in May 1994. 9. Consider the adoption of policies and programs that would seek to identify and acquire • significant wildlife habitats for preservation. This implementation item still applies. An inventory of such areas would be extremely useful for overall land use planning. In addition, a Natural Resources Master Plan should be the result of such an inventory. Areas to include would be wetlands, woodlands,fens,prairies, and bluffs. Preservation of these areas should be coordinated with other government and private programs. Additional Natural Resources Implementations: 10. Promote tree planting throughout the community. 11. Identify significant wooded areas to protect. Do so by means of development restrictions, transfer of density,preservation easements,purchase, or other methods. 12. Incorporate existing tree cover into City's GIS program. 13. Encourage and assist businesses, organizations, and private citizens in their efforts to beautify and otherwise enhance the environment. 14. Consider the adoption of policies or programs that would seek to preserve agricultural land by means of easements, density transfers,purchase or other methods. 14 15. Continue to work with the Riley Purgatory Bluff Creek Watershed District in implementing the Bluff Creek Natural Resource Plan. Use the plan to guide future development in protecting natural resources in the Creek corridor. 16. to follow the recommendations outlined in the Surface Water Management Plan;providing 100 year flood protection for all persons and property,protect and improve water quality within Chanhassen lakes, streams, wetlands, and in the Minnesota River by mitigating both point and non point sources of water pollution and To protect and rehabilitate wetlands to maintain or improve their function and value. 17. Work for approval of a Comprehensive Wetland Management plan for State Approval. Once the plan is in place follow recommendations for the reclassification and improvement of Ag/urban wetlands. 18. Priority should be given first to preventing impacts to Pristine and Natural wetlands, then to protecting Ag/Urban wetlands from further degradation. 19. Develop public education programs emphasizing the importance of wetland buffers. Requiring setbacks from wetlands provides protection during development and provides a buffer from human disturbance of the ecological functioning of the wetland. Such buffers also filter out harmful materials often present in surface runoff 20. Areas of significant wildlife habitat should be protected from disruptions by free-roaming pets and human recreational activities-especially during spring and summer nesting seasons. Wetlands and adjacent herbaceous uplands are critical habitats for waterfowl and other ground nesting species;disturbance during nesting can significantly reduce reproductive success. 21. Restore wetlands which are hydrologically disturbed. A high percentage of wetlands in the City have been ditched or drained to some degree. Breaking existing tile lines or plugging ditches are a relatively simple procedure that is often effective at restoring original hydrological conditions. 22. Continue efforts to work with landowners to eliminate or reduce the introduction and spread of exotic species such as Eurasian watermilfoil or Purple Loosestrife. Many wetlands in the City have been invaded by purple loosestrife; restoration projects in those areas must emphasize eradication of the species. The State has established guidelines for the control and management of noxious weeds; those should be implemented for effective control of purple loosestrife. 23. Continue to implement wetland restoration projects prioritized in the SWMP. Most of the recommendations and wetland restoration projects proposed in this section and in the wetland section of Part II, should be part of the development review program. 24. The proposed prioritization list for water quality improvements as identified in the Surface Water Management Plan be maintained whenever possible. 15 25. A monitoring and sampling program for selected waterbodies be developed, under the general guidelines proposed in this plan. This program could be developed by the City or an agency in cooperation with the City. 26. A maintenance program for sediment and nutrient removal ponds be established, under the guidelines proposed in this report, to ensure that desirable phosphorus removal efficiencies are maintained and the successful operation of the storm drainage system. 27. The erosion and sediment control requirements as developed in the Chanhassen's Erosion and Sediment Control Handbook be enforced. 28. A comprehensive public education program for City residents, staff and the development community be implemented based on the guidelines presented in this report. • 16 CHANHASSEN PLANNING COMMISSION REGULAR MEETING AUGUST 6, 1997 Chairman Peterson called the meeting to order at 7:15 p.m. MEMBERS PRESENT: Allyson Brooks, Ladd Conrad,LuAnn Sidney, Craig Peterson MEMBERS ABSENT: Alison Blackowiak and Kevin Joyce STAFF PRESENT: Kate Aanenson, Planning Director; Sharmin Al-Jaff, Planner II; and Dave Hempel, Assistant City Engineer PUBLIC HEARING: SITE PLAN REVIEW FOR A 22,500 SQ. FT. OFFICE WAREHOUSE BUILDING ON PROPERTY ZONED IOP, INDUSTRIAL OFFICE PARK AND LOCATED ON LOT 71 BLOCK 1, PARK ONE THIRD ADDITION (7580 QUATTRO DRIVE) AT THE NORTHWEST CORNER OF QUATTRO DRIVE AND 184TH AVENUE WEST (DELL ROAD) PERIPHERAL TECHNOLOGY, EDEN TRACE CORPORATION. Sharmin Al-Jaff presented the staff report on this item. Peterson: Any questions of staff? I just have some questions of the applicant so, would the applicant or their designee wish to address the Planning Commission. If so, please come forward and state your name and address please. Mark Undestad: Mark Understood with Eden Trace, the developer. I don't have anything to add to the packet here. If you have any questions, I'd be happy to answer them. Peterson: Questions of the applicant? Brooks: No, but I couldn't really see the drawing. Can I sort of. Peterson: Yeah, can we bring it up. We've only got a small group and. Brooks: All right, thanks. Peterson: There's a couple on the elevation that we put the additional windows on. Can you give me some kind of scope as to the length of that wall and then the relevant size of the windows? The scale is so small, it's kind of hard to get a good feel for how that's going to break up. Mark Understood: It's probably 160 feet. I don't have the... The windows are laid in lengthwise... Planning Commission Meeting- August 6, 1997 Peterson: And they're up above the ground level 6-7 feet? Mark Undestad's answer was not picked up on the tape. Peterson: How much landscaping is going to be in front of those windows? Mark Understood: We've got a lot of trees and shrubs planted all through here now. Peterson: Then Sharmin, from your perspective, looking at it now with the additional landscaping, and I'm almost indifferent about adding more windows. Adding more windows didn't seem to jump out at me as saying yeah, that's a lot better. My reaction is it's almost better with fewer windows with more landscaping. Al-Jaff: It was more to give the applicant...as an architectural element to that elevation. Mark Understood: ...out here in the parking lot... Peterson: I mean my reaction, I think landscaping is going to give you more of a visual, positive visual effect on the windows because that's a lot of wall. Mark Undestad's statement was not picked up by the microphone. Peterson: And what type of trees are you planning on putting on that side? Mark Understood: It'd be a combination of pine trees... Peterson: Okay. Other questions? Sidney: I was wondering if we could look at the other side of the plan there. Where the trees are. Could you point out where the existing trees are please? Mark Understood: On the north side, there's a high ridge in here that drops down to the railroad tracks...mostly all this stuff in here is existing. There's a 20 foot conservation easement and we also added another 10 foot buffer to that. This area... Sidney: In the southwest corner then you will be taking some trees. Mark Understood: Down here? Sidney: Yeah, there. Mark Understood: Yeah, the initial, there was some... Sidney: And then as I understand the retaining wall isn't going to impact any existing trees right now. 2 Planning Commission Meeting - August 6, 1997 Mark Understood: ...putting these in along here...We've actually down sized the building a lot... Sidney: What kind of trucks actually come in? Are they just going to be smaller? They're not semi's are they? Mark Understood: Actually, there is an occasional semi... Sidney: Oh, okay. Peterson: Just spend a couple minutes walking through the type of building materials and the color tones and just to give some sense. Mark Understood: You have the rock face block...concrete masonry...to give it some more depth and character...cantilever out the very top edge... Gives it a little more character and more flare. Peterson: That will be the stone. What colors are you planning on using? Mark Understood: Painted, it's... They're all done in the gray, beige... Sidney: Well maybe you can bring that forward for us. Mark Understood: It's real close to the colors we put on the picture here. Peterson: Two reference points. Normally we like to see those things, the actual colors and the actual materials before us. I strongly recommend that prior to going to Council that you have examples of those,because they'll be asking the same questions we're asking tonight. Sidney: What are the little accent block color? Mark Understood: Blue... Peterson: Other questions? Thank you. Mark Understood: Thank you. Peterson: May I have a motion to open this for a public hearing and a second please. Conrad moved, Sidney seconded to open the public hearing. The public hearing was opened. Planning Commission Meeting - August 6, 1997 Peterson: This is a public hearing so if anyone please wishes to address the Planning Commission,please come forward and state your name and address please. Seeing none, may I have a motion to close the public hearing and a second. Bill Sutherland: You move faster than I expected. I particularly appreciate the opportunity to be here because I'm not a Chanhassen resident. I'm an Eden Prairie resident but I'm close to the property in question so my name is Bill Sutherland. I live at 18564 Kristie Lane. I've got...Dell Road to the north of the overpass. The only reason that I am here is that within the past year or so I've had a bad experience with acoustical noise in the middle of the night coming from traffic on Dell Road due to shift changes, I assume. Some of the buildings, some of the businesses in the industrial park and so the staff report a minute ago peaked my ears when...shifts so that's important to me. But I just have, perhaps in this context a detail question. Can somebody tell me about what the grade of the parking lot would be relative to the grade that's there now. In other words, where vertically will the building sit relative to the...? Mark Undestad's answer was not picked up by the microphone. Bill Sutherland: My concern I guess having no evidence presented to the contrary so far is that this level would be filled way up and this building would stick up in the air and create an acoustical issue but it looks fine. I just wanted to state my... Peterson: Thank you. Let's try this again. Can I get a motion to close the public hearing and a second please. Brooks moved, Sidney seconded to close the public hearing. The public hearing was closed. Peterson: Comments from commissioners. Allyson. Brooks: I don't really have any comments. It looks like a pretty standard building... Peterson: Thank you. Ladd. Conrad: I agree with the staff report, especially with the Fire Inspector's conditions. Peterson: LuAnn. Sidney: It looks fine to me. I thought the staff report was very well written and... Peterson: The only comment that I would have would be, if you haven't already done so Sharmin, is to meet with them again just to talk about, you hadn't seen the windows on the new format, as to whether or more you're biased towards those windows or more biased towards more landscaping. I guess my preference would be towards landscaping so I didn't feel as though they added that much to it so. 4 Planning Commission Meeting- August 6, 1997 Al-Jaff: I agree. This is the first time I've seen that since we wrote the staff report so... landscaping would maybe make more sense. Peterson: Thanks. With that, may I have a motion and a second please. Brooks: I move the Planning Commission recommends approval of site plan request#97-10 for a 22,500 square foot building, Peripheral Technology, as shown on the plans dated July 7, 1997, subject to conditions 1 through 15. Peterson: Second? Sidney: Second. Brooks moved, Sidney seconded that the Planning Commission recommends approval of Site Plan #97-10 for a 22,500 square foot building (Peripheral Technology) as shown on the plans dated July 7, 1997, subject to the following conditions: 1. Plans for trash enclosure and rooftop screening shall be submitted to staff for approval. All rooftop equipment shall be screened from views. 2. The applicant shall enter into a Site Plan Agreement. Financial guarantees for landscaping shall be submitted to the City at the time of building permit application. 3. The applicant shall submit a lighting plan and must demonstrate that there is no more than 0.5 foot candles of light from fixtures at the property line. 4. The applicant shall add windows and landscaping along the west portion of the site. 5. The landscaping plan shall be revised to replace the proposed river birch with an oak tree and replace the proposed crabapple next to the loading dock with an overstory species. 6. The applicant shall install tree protection fencing around all preserved trees before site grading can commence. 7. The applicant shall comply with the conditions of the conservation easement located on the northerly 20 feet of the property. No trees will be allowed to be removed within the easement. 8. Building Official Recommendations: a. Revise the site plan to include required accessible parking, access aisles, curb ramps, and accessible route. b. Meet with the Inspections Division for a completed copy of Commercial Building Permit Requirements. 5 Planning Commission Meeting- August 6, 1997 9. Fire Inspector Conditions: a. Please provide hydrants as shown on plan. Minnesota Uniform Fire Code 1991, Section 10.403. b. A 10' clearance space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, NSP, US West, Cable TV, and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. c. No parking fire lane signs and yellow curbing shall be provided. Contact the Chanhassen Fire Marshal or Fire Inspector for exact location of signage and painted curbing. Pursuant to Chanhassen Fire Department/Fire Prevention Policy#06-1991. d. Install post indicator valve on the water service coming into the building. Contact the Chanhassen Fire Marshal or Fire Inspector for exact location. e. When fire protection including fire apparatus access roads and water supplies for fire protection is required, such protection shall be installed and made serviceable prior to, and during the time of construction. Pursuant to Minnesota Uniform Fire Code 1991, Section 10.502. f. Comply with Chanhassen Fire Department Policy regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Policy#26-1992. g. Comply with the Chanhassen Fire Department Policy regarding maximum allowed size of domestic water service on combination domestic/fire sprinkler line. Pursuant to Chanhassen Fire Department/Fire Prevention Policy#36-1994. h. Comply with the Chanhassen Fire Department Policy regarding notes to be included on all site plans. Chanhassen Fire Department/Fire Prevention Policy#04-1991. i. Comply with Chanhassen Fire Department/Fire Prevention Policy regarding fire pre- plans. Chanhassen Fire Department/Fire Prevention Policy#07-1991. j. Comply with Chanhassen Fire Department/Inspections Division Policy regarding water service installation for commercial/industrial buildings. Inspections Division Water Service Installation Policy#34-1993. k. Comply with Chanhassen Fire Department Policy fire sprinkler systems. Chanhassen Fire Department/Fire Prevention Policy#40-1995. 1. Comply with Chanhassen Fire Department Policy on labeling of rated fire walls. Chanhassen Fire Department/Fire Prevention Policy#44-1997. 6 Planning Commission Meeting - August 6, 1997 m. Comply with Chanhassen Fire Department Policy on fire alarms. Chanhassen Fire Department/Fire Prevention Policy#01-1990. n. Locate existing hydrants on Quattro Drive and provide distances to entrance to the proposed building. o. Note on Sheet A 1.2 a tree that is placed next to hydrant. A 10' clear space must be maintained around fire hydrant. p. Note on Sheet A 1.2 a clear space needs to be maintained around the fire department connection. Trees and shrubs are currently shown in this area. Minnesota Uniform Fire Code Section 10. 10. The developer shall submit to the City for approval a revised Grading, Drainage and Erosion Control Plan incorporating additional silt fence along the driveway and City of Chanhassen Standard Detail Plates for Industrial Driveway(No. 5207), Silt Fence (No. 5300), and Rock Construction Entrance (No. 5301) and additional silt fence parallel to the driveway prior to issuance of a building permit. 11. Storm sewer calculations for a 10 year, 24 hour storm event shall be submitted to the City Engineering Department for review and approval prior to issuance of a building permit. 12. Haul routes shall be pre-approved by the City Engineer. 13. Any retaining walls to be constructed in excess of four feet in height must be engineered and appropriate permits and inspections obtained from the City's Building Inspections Department. 14. Sanitary sewer and water hook-up charges will be applied to the building permit. The charges shall be based on the number of SAC units determined by the Metropolitan Council. 15. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a building permit. All voted in favor and the motion carried. PUBLIC HEARING: SIGN PLAN REVIEW REQUEST FOR A PYLON MONUMENT AND WALL SIGN LOCATED AT THE NORTHEAST CORNER OF HWY. 101 AND HWY 212, PAWS, CLAWS, AND HOOVES PET BOARDING. Sharmin Al-Jaff presented the staff report on this item. 7 Planning Commission Meeting - August 6, 1997 Peterson: Any questions of staff? Conrad: Sharmin why, you're going beyond, what's your rationale for going beyond the original recommended sign size? Didn't you, did I read this right that the area be limited to 24 square feet? Al-Jaff: The applicant felt that with that size, the sign will not be seen from Highway 212. Conrad: That's probably true. Al-Jaff: And they felt that a larger sign would work better for their purposes. Conrad: What's our rationale for, if it's true. What's our rationale for going beyond? I guess we're just saying that we allowed variance. We granted a variance and now it's just common sense taking over versus an absolute 24 square feet. Now that we've looked at the specifics, this makes sense. Al-Jaff: We also looked, that question came up earlier today from Planning Commissioners contacted staff and said why that size. What we did was, we went through the ordinance and then pulled out all the pylon, there should be a sheet on... the districts that permit pylon signs. We found out that if the area is larger than 50 square feet for the principle structure, and if it's on highway business, general business or central business district, they can go up to 80 square feet. If it's less than 50,000, which is the case of the applicant, the maximum area shall not exceed 64 square feet. Aanenson: I was just going to give some rationale on how we...when we did the sign ordinance. We tried to, the old sign ordinance there wasn't any factor given to the size of the parcel in relationship to the sign so what...same size sign. With the sign ordinance we tried to...you have larger parcels, it made sense to give you larger signs. So I guess that's kind of the same... Sharmin came up with that. Since you've already granted a variance, giving them... Peterson: Other questions? Sidney: When we were talking about the sign area, are we just talking about where the lettering is? Not the horseshoe and logo up above. Aanenson: Well you can comment on the design...and the size. The recommendation that staff had as far as what we're coming up with, or point of beginning. You would start... Sidney: Well I guess it says in the staff report, it says 69.8 square feet. Is that only that one area? Al-Jaff: That includes the horseshoe. Sidney: Oh okay. So actually the lighted portion is much, it's quite a bit smaller than. 5 feet 6 I think I see here. No wait. 8 Planning Commission Meeting - August 6, 1997 Al-Jaff: Approximately 8 square feet attached to the... Conrad: This is the pylon sign? Al-Jaff: Correct. Conrad: Where is the low, or the proposed ground low profile business sign? Peterson: At the entrance. Conrad: Ah. Okay. Al-Jaff: It's identical to the pylon sign...and without the horseshoe. Conrad: And where does that rest? Is that off of TH 101? Al-Jaff: It's off of TH 101. Conrad: Okay. Peterson: What's regulation on lighting of the pylon sign? Can it be lit? Up lit? It can't be back lit, or it can be? Al-Jaff: Back lit. It cannot have lights shining... Peterson: And this one is proposed to be back lit? Al-Jaff: Right. Peterson: Pylon sign. And Ladd earlier you made a comment, Sharmin if you can speak to this. As I drive out there, you know the stable and a good portion of the kennel had a clear visible sight lines from TH 212. I mean it's very prominent and I'm trying to ascertain whether or not when you said that the standard wouldn't be seen, I'm not terribly convinced that it wouldn't be because it's like a beacon up there. The stable. I don't know whether or not going, the standard wouldn't be seen. I guess Sharmin, at least from your experience and Kate maybe from yours, is that definitely the case that they will be too far away to see? If we kept within the minimum as set forth by the code. Aanenson: Well, to be honest the horse stable got moved a little bit from the original site plan approval. Due to some wetland delineation, grading issues so it's probably more visible than what we originally led you to believe. Can you see it now very clearly? Yes. If they put a wall band around which is one of the proposals, will you be able to see that from the highway? It'd be pretty small. The banding that they're proposing is 14 feet in the air... Two feet high. I'm not sure. 9 Planning Commission Meeting - August 6, 1997 Peterson: But it's a question mark. Okay. Conrad: How far back is the building off of 169? Al-Jaff: ...200. Peterson: On the edge of being seen. Conrad: If you're a...this would help. Is the pylon sign a double faced? Is it double faced? But I also heard the word back lit. It is? Okay. But the materials are what? Al-Jaff: The plastic... Peterson: Other questions for staff? Would the applicant or their designee wish to address the Planning Commission this evening. If so,please come forward and state your name and address please. Ed Dousette: Hi there. I'm Ed Dousette...Signs. I designed the signs. I'm president of the company and I guess I can help explain some of the rationale. What decisions were made and why. So in terms of the pylon sign, what we've done is internally illuminated the sign. We have lexan faces. Aluminum can steel poles and the horseshoe logo will be non lit. The purpose being it's just to give us as much of a printing or the lettering, the largest size we can possibly get so it can be seen. You're approximately looking at about a 15 inch to 18 inch letter on Paws, Claws, Hooves Boarding. And going down, that's 212 at the rate of speed, if we went down to say a 24 inch or 24 square foot sign you'd probably be working at about a 6 to 8 inch letter which would make it at that rate of speed. It would literally be a waste of time. The other thing is coloration will be the wood tone effect which will not make it right but you will get your contrast so we're still trying to keep in the theme of what business is and still blend with the natural wood effect. And I guess if there's any more questions about the pylon sign, go for that. And then we can move into the next. Peterson: What colors are we talking about for the lettering versus? Ed Dousette: We're talking a wood tone. A light wood. Imagine if you will an oak. A grained oak, light versus a dark oak stain. That's where the contrast is going to come in from. Peterson: ...is as a wood tone also. Ed Dousette: Yes. I'm sorry. They're aluminum but they're going to be painted wood tone. Be prime painted wood tone. They're not out there. The poles will be steel because it's ineffective if we put aluminum for the type of strength that you're going to need. All other components will be aluminum because I don't like rust basically. Once I put them up I don't want to deal with them again for a while. 10 Planning Commission Meeting- August 6, 1997 Sidney: That brings up a point. How often will you have to repaint the sign do you believe? Ed Dousette: Well we use a two part primer, mathew system and then we use three coats of acrylic enamel. Sidney: So that's practically a sign in itself. Ed Dousette: I mean basically what you're looking at is about a car finish. You take this one is going to take a lot more, more in labor intensive just to get your graining effect in there. But it's kind of a neat sign so we decided we'd do it. Sidney: Then the drawing, that seems to show that there's depth to the sign. Do you actually get that effect from your painting? Ed Dousette: You'll get that from your painting. It's called a drop shade effect. By just highlighting the back edge of the letter you're going to get your depth effect out of the light. Peterson: Other questions? Thank you. Ed Dousette: Oh I do have one. While we're all here. In the staff report, basically what I did when I put out the entry sign...entry sign, it's just a matter of expediency. They have, and I show an entry sign where it's going to be for the sign criteria. At this point in time we may, I mean I guess I would like to have the option to have creativity if we decide that possibly we would like to...but just the idea that I don't want to be restricted...the horseshoe logo there as opposed to... Peterson: Okay. Ed Dousette: In terms of, we have asked for 24 inch. Originally I asked for a sign band but the clients have mentioned that possibly they may want to stack. The overall square footage will not change but put Paws and Claws on one line and Hooves Pet Boarding on another line... Sidney: So what are you showing us then? Ed Dousette: I guess what I'm saying is, in terms of a sign band, at some future point in time it may not want to be a sign band...all the way along the building. The Council to think that we're going to be locked into the sign band is used from the industry... Sidney: So you're just kind of giving us. Ed Dousette: Basically all I'm saying is I'm not going to use anymore square footage than what I've already committed to. It's just how I'm going to present it. Sidney: And I guess tonight all we're dealing with are these two signs so. Ed Dousette: Okay. I'm just trying to. 11 Planning Commission Meeting - August 6, 1997 Peterson: And Kate, can't we just deal with the pylon sign tonight. That's really what. Aanenson: Well, what he's saying is true. As long as...and not a roof sign. So if they stack the letters..puts the logo, that's fine as long as it doesn't go up towards the roof and there's criteria where you can locate that. But if we stay within those framework... Conrad: Mr. Chairman, how can we react to something that's that loose? Peterson: That's where I'm coming from. I'm prepared to, at least voice my opinion on the pylon sign this evening but the others I'd like to see back. We can separate the two issues. Aanenson: Yeah I guess, you Sharmin covered them in the conditions as far as the individual letters...criteria. As far as what can be on the sign. The name and the logo and it appears like the horseshoe is kind of a logo. If they stack them, that still meets our ordinance. Unless you, that's permitted given the...change from the theme... And as far as the monument sign, if they put the logo on the top of that, although it still exceeds the 5 foot height... Conrad: So by the code, they could take, they could stack the sign band into three or four. Aanenson: If they can stay within the area and it doesn't exceed the roof. Conrad: Right. Aanenson: We've indicated that to them. I'm not sure, they could stack it the exact same... Conrad: And we allow stacked sign bands? That doesn't seem like the way I would want a sign, to be honest with you. If I get back... Aanenson: A perfect example is one that...the arched look. Al-Jaff: Body, Spirit and Mind. Aanenson: But there's different creations...involved in some of that. As Sharmin has pointed out, what the square footage is...24 square feet so we've calculated the area off. Again what we don't want to do is have it ride up along the edge of the roof...area of the roof line of the sign. I mean if you feel like this is deviating significantly, we think that what they've indicated that it...fall within, it didn't, we'd have to bring it back. The sign band... You can leave that out. That's fine. If you'd like to see that portion back. The sign band. Peterson: ...discussion period. This item is open for a public hearing. May I have a motion to open it and a second please. Brooks moved, Sidney seconded to open the public hearing. The public hearing was opened. 12 Planning Commission Meeting - August 6, 1997 Peterson: Anyone wishing to address the Planning Commission tonight,please come forward and state your name and address please. Seeing none, may I have a motion to close the public hearing and a second. Conrad moved, Sidney seconded to close the public hearing. The public hearing was closed. Peterson: Discussion. LuAnn. Your thoughts please. Sidney: I guess I understand better about the square footage of the internally lighted sign. It's about 55 square feet and then you have the additional logo at the top so indeed I think it's you know a modest sign for the location and the size of the buildings. I looked at the design. At first I went goodness. Then I know what the buildings look like currently and I was a little confused by kind of the rustic nature of this sign compared to a metal building and I'm wondering a little bit, you know I wondered a bit about the decision for this type of design. I guess when I'm thinking about it more, I guess I don't have any real problems with it. I presume that's a part of the whole kind of logo that is going on letterhead and carried on through the building. So I guess I don't really have a problem with the sign after thinking about it. I'd like to hear from other commissioners as well. Peterson: Ladd. Conrad: I don't have any problems at all with the pylon sign. I think that's good for business. I think because of the setback we have to allow that. ...we have rationale for the next one that comes in and gets a variance. It seems like there's enough rationale to limit the size. So I'm comfortable with the pylon sign. I'm comfortable with the monument sign. The channel or the band sign is still, size wise it's not a big deal. I guess my preference, I wish they'd duplicate the design that they have on the other signs. Aanenson: I guess that's what I'm saying Ladd. That's what the ordinance says. They can't on Boarding, Call 999. There has to be a logo theme. It can't be something,we went through this discussion with Byerly's. Open 24 Hours. So there is limitations as far as what they can put on there. Conrad: Well that's really what, yeah. It's real loose right now. Even the sketch is loose and you know, it's not that I really care that this comes back. If they'd put the...same thing that they have on their pylons, on the wall, I think that's fine. In fact that's more consistent and I don't like the, I really don't like the band sign to be honest with you. That's more downtown Chanhassen. Down there, I don't like it. That's none of my business however. I just, I'm kind of in this business so I know something about it. I wouldn't do it if I were you but it's none of my business. If staff assures us that they have total control on the band, then I'll get it out of here. Peterson: Thanks. Allyson. 13 Planning Commission Meeting- August 6, 1997 Brooks: I really have no problems with the sign. I think it's probably about the right height to be able to see it from Trunk Highway 212 and I don't think this one's a big issue. Peterson: I guess I do have a couple problems. With as it relates however to the size and variance, I'm comfortable with that and the other signs, of how they're potentially going to change within the parameters, I'm comfortable with. What I'm a little bit uncomfortable with is really the style and I guess I'm uncomfortable primarily because of this is going to be really the first view of Chanhassen that people coming up from 169 will see. I look at the sign, the sign to me doesn't fit the rest of the building. When you said earlier, I've been driving at it, we made a decision however many months ago not to do a variance. Of not having wood on the structure so it is more of a like a contemporary feel with the metal and I think aluminum siding or whatever. Aluminum or vinyl. I don't think the sign necessarily fits the building and it is our first impression. It makes it look more rustic, western versus only the buildings are more contemporary midwestern style. I guess I'm uncomfortable with the design. I don't know whether or not we have the ability, how much control we have over the design and feel of it. I guess I'd ask staff for comments. How much discretion we do have. But I think it's in a very prominent place for the City and I think we have to take extra effort to be sure that it really sets the tone of what we want to when people enter the City. I know from my perspective it doesn't represent the tone that I'd be looking for. Aanenson: The ordinance does require architectural... I guess when we looked... Brooks: That meets the standard boarding theme. I don't know, I think that's. Aanenson: That's where we left it. Sharmin and I... I think the problem that we're struggling with is the location of the building and the prominence. It's higher than... It's still set back 150 feet. But because it's... Peterson: I mean in many ways this sign isn't that substantially less than prominence of view than Villages on the Ponds is and we were talking about getting down the detail of what color of neon so I'm not uncomfortable by voicing my opinion. I just don't think it fits there. The buildings are much more prominent than we originally had expected and we thought there'd be much less vegetation loss. I mean it's a lot, a sight line there so. Brooks: I think Villages on the Pond though, I know my problem with that was that it reminded me of Disney World. The sign didn't fit what I felt was the function and the theme that we were trying to get at. Whereas this, I guess it's rustic but I think it fits the function of the property. I mean the building's may not be wood but it's got that kind of Wyoming,here are the animals and the horses feel to it. To me if you put a more modern sign, it would look kind of awkward for the business. I mean at least to give them credit, if I'm driving by and I see that the sign with the kind of feel to it gives me an idea of what the business there is. Peterson: All right, thank you. With that may I have a motion please. 14 Planning Commission Meeting -August 6, 1997 Conrad: Mr. Chairman, you didn't express your opinion on the sign band. Peterson: I concur with you Ladd. I don't think it's necessary,particularly with the pylon sign being prominent. Again, it's at our discretion to vote on that aspect of it but my opinion is I think it would be overkill. And I have a problem with the discretion of stacking versus allowing them the latitude to have stacked versus band. Conrad: Okay, I'll make a motion the Planning Commission recommends approval of sign plan #97-1 on the plans dated July 18, 1997. It probably should be by plans number... With conditions 1 through 12 per the staff report and I'll add in a condition 13. That will require the applicant, this is probably required anyway but it just reinforces that any changes in the sign band must be reviewed by staff. Any significant alteration be brought back to the Planning Commission. Peterson: Is there a second please? Brooks: I'll second that. Conrad moved, Brooks seconded that the Planning Commission recommends approval of Sign Plan #97-1 as shown on the plans dated July 18, 1997 with the following conditions: 1. Both buildings (commercial kennel and stable) shall share one monument sign. One monument sign per lot. Monument signage shall be subject to the monument standards in the sign ordinance. 2. Both buildings (commercial kennel and stable) shall share one pylon sign. One pylon sign per lot. The sign shall be subject to the dimensions and location proposed by the applicant. 3. Wall signs are permitted on no more than 2 street frontages. The letters shall be located within the designated sign band. 4. All signs require a separate permit. 5. The signage will have consistency throughout the development and add an architectural accent to the building. 6. Consistency in signage shall relate to color, size, materials and heights. 7. No illuminated signs within the development may be viewed from the residential section north or west of the site. 8. Only back-lit individual letter signs are permitted as wall mounted signs as specified on the proposed plans. 9. Individual letters may not exceed 2 feet and logos may not exceed 30 inches in height. 15 Planning Commission Meeting - August 6, 1997 10. Only the name and logo of the business occupying the unit will be permitted on the sign. 11. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. 12. These conditions shall be recorded with Carver County and added as an addendum to the site plan agreement. Staff will prepare the agreement which must be signed by the applicant. 13. Any changes in the sign band must be reviewed by staff. Any significant alteration shall be brought back to the Planning Commission. All voted in favor, except Peterson who opposed, and the motion carried with a vote of 3 to 1. Peterson: And the reason for the opposition is going back to the comment is I just don't think it's architecturally appropriate for the area. OLD BUSINESS: Peterson: Old business Kate. Aanenson: The last City Council meeting on 7/28 was actually fairly light as far as planning items. On the consent was the final PUD and final plat for the Arboretum Business Park, formerly known as Gateway. It's now called Arboretum Business Park. So they're underway and... Also on 7/29 there was a neighborhood meeting regarding the proposed...and there may be a follow-up to that... Later in August, scheduled for September 3`d Planning Commission. Also on the 20th we'll be doing the comprehensive plan. Natural Resources element. Autumn Ridge, which is the property on Galpin...Highway 5. Across from the school. That's being replatted. Sidney: What does that mean? Aanenson: Well what they did is came in with a little bit different product...and they changed the lot lines so the product fits in better...this area of TH 101 and 169... Oh, one other thing. The City Council...looked at, took an opportunity to drive around and look at...which reminds me the August 20`h meeting we are starting public hearings is noticed for 8:30 so for the that first hour, if you can get here, we're going to take that opportunity and do some driving. Drive around the city and look at projects. See what's happening. Sidney: Who's driving? 16 Planning Commission Meeting- August 6, 1997 Aanenson: Don't ask. I did good last time. So if we need two vans,whatever we'll do that but...get out and look at the projects. If there's any special requests, let me know. We'll try to put it... Brooks: I'm going to be gone. I'll miss that week. That's the week I'm on vacation. Aanenson: Okay. And we'll be back in at 8:30. We're going to have... Sidney: I don't know if this is the right thing to ask but I saw on the list, a joint City Council/ Planning Commission meeting. Aanenson: That was, has not been scheduled. They're talking about that with affordable housing. This is something that,ongoing issues that we've kind of programmed in our work. I just wanted to bring you up to date where we were on that. We had submitted a request for our comprehensive plan, Met Council. The Bluff Creek, I've scheduled that for the September 3rd We're holding that up. We're waiting for the data disk that has all the GIS information that we created for Bluff Creek. That was the consultant. That took a little while. City Council Planning Commission regarding affordable housing has not been scheduled yet. That's something we will do. And then we're also still working to let you know the status of some of those. That's all I had. APPROVAL OF MINUTES: Conrad moved to note the Minutes of the Planning Commission meeting dated July 16, 1997 as presented. OPEN DISCUSSION: Conrad: The Minutes of,the note we got from Todd Hoffman in our kit. Recommendations of the Park and Rec. I like to attend our meetings. And I'm just going to express a comment and it absolutely can't be taken any place but their recommendation on the Pauly/Pony/Przymus site. I knew that would happen because it's an easy decision. The neat thing about a community, or downtown is buildings and it's up front and it's closing in the main street. It seems like an easy solution to put a park someplace. Especially when a building has been taken down. I really disagree with this. Turning it into a park and I just want to be on record as saying that. I don't have a better alternative right now but I do know what downtowns look like and we have parks in other places and I fail to see the rationale. And I have not been involved in the logic of this and the economics of this so I'm saying this in a vacuum but in concept for what I see downtown, this is not it. Aanenson: I appreciate those comments. Actually there was a proposal slated for that corner. That's how the staff felt. We wanted to warm that corner up. Make it an entrance to downtown to really make you feel like you've arrived somewhere. And the HRA did have that project out to bid and a developer did do something,was actually had residential...really exciting building. Just so you know,I'm working on some design concepts or some ideas of what that district...so you'll be seeing that. I don't think,the Council's still studying that but I appreciate your comments. 17 Planning Commission Meeting - August 6, 1997 Conrad: Way to go. I'm impressed that you're doing that because it just, this doesn't make sense. Aanenson: Well I think, you know I think you can still keep the historical element there for some sentiment. How you do that but, Victoria's got some ideas of...maybe it's a style issue. Architectural kind of thing but again it's a sense of arrival that we wanted to... Conrad moved, Brooks seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 8:12 p.m. Submitted by Kate Aanenson Planning Director Prepared by Nann Opheim 18