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10-2-96 Agenda and Packet FILE AGENDA CHANHASSEN PLANNING COMMISSION WEDNESDAY,OCTOBER 2, 1996 AT 7:00 P.M. CHANHASSEN CITY HALL, 690 COULTER DRIVE CALL TO ORDER PUBLIC HEARINGS 1. Goodyear Auto requests approval to amend the conditions of approval for the Site Plan and Conditional Use Permit regarding hours of operation, signage and other stipulations of the permit, located at 50 Lake Drive East. OLD BUSINESS 2. Zoning Ordinance Amendment to Chapter 20 of the City Code regarding antennas and towers. NEW BUSINESS APPROVAL OF MINUTES CITY COUNCIL UPDATE ONGOING ITEMS OPEN DISCUSSION 3. Comprehensive Plan Amendment to consider the Bluff Creek Natural Resources Plan for official adoption. 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 OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 _ _yam MEMORANDUM TO: Planning Commission FROM: John Rask, Planner I DATE: September 23, 1996 SUBJ: Chanhassen Goodyear's Request to Amend Conditional Use Permit Conditions of Approval PROPOSAL SUMMERY Chanhassen Goodyear is requesting an amendment to the conditions of approval of their conditional use permit(CUP#92-2). Over the past year, city staff received complaints and witnessed several violations of the conditions of approval. Staff informed Goodyear of the violations and requested that they bring the operation into compliance with the conditions. Goodyear corrected the minor violations, but would like to modify several of the conditions which they believe to be overly restrictive. These modifications include hours of operation, signage,and the requirement to keep garage doors closed or no more than a 12" opening. BACKGROUND On November 18, 1992, the Planning Commission reviewed an application for the construction of an Abra Auto Body Repair and a Goodyear Auto Service facility. Both uses are permitted in the Highway Business District with a conditional use permit. The item reappeared before the Planning Commission and City Council on several occasions. The primary concern revolved around the design of the site relative to issues of urban design and the Highway 5 corridor. Concerns over noise, signs and storage were addressed through the conditional use permit. On February 8, 1993,the City Council approved Conditional Use Permit#92-2 for Goodyear subject to the following conditions: 1. No public address systems are permitted 2. No outdoor repairs to be performed or gas sold at the site. Planning Commission September 23, 1996 Page 2 3. No parking or stacking is allowed in fire lanes, drive aisles, access drives or public right-of- way. 4. No damaged or inoperable vehicles shall be stored overnight on the Goodyear site. 5. No outdoor storage shall be permitted at the Goodyear site. 6. Noise levels shall not exceed OSHA requirement or Minnesota Pollution Control Agency guidelines at the property line. Doors shall be kept closed or no more than a 12"opening. 7. Pollution levels shall meet standards set by the Minnesota Pollution Control Agency. 8. Compliance with conditions of approval for Site Plan Review#92-3 and Subdivision#90-17. 9. There shall be no exterior banners, temporary signage, flags, or exterior tire displays. 10. Hours of operation shall be between 7:00 a.m. and 7:00 p.m. Monday through Saturday. Staff has attached minutes of previous meetings dealing with this application. Any discussion pertaining to hours of operation and signage, which took place at these meetings, has been underlined. The applicants are requesting the following amendments (see letter from Goodyear dated September 12, 1996): 1. Condition 4. No damaged or inoperable vehicles shall be stored overnight on the Goodyear site. Comment: Staff has interpreted this condition to mean that no cars which are beyond repair shall be stored overnight. Is a car parked overnight awaiting new brakes or new tires considered damaged or inoperable? Staff has allowed these vehicles to be parked outside overnight. Staff received complaints stating that the intent was to allow no parking overnight of any vehicles awaiting repair. Under this interpretation, the parking lot would have to be empty at night. The Planning Commission may wish to provide an interpretation of this condition. 2. Condition 6. Noise levels shall not exceed OSHA requirement or Minnesota Pollution Control Agency guidelines at the property line. Doors shall be kept closed or no more than a 12" opening. Planning Commission September 23, 1996 Page 3 Comment: Goodyear is requesting approval to keep the garage doors completely open. This condition was recommended by the City Council. The intent of this condition was to reduce noise levels to the nearby residential area. The Planning Commission may wish to reconsider this condition as a new car wash building is currently being constructed between Goodyear and the residential area to the south. Further, the applicants have indicated that requiring the doors to be kept down during the summer months does not allow for adequate air circulation. It would be extremely expensive and unfeasible to air condition the building. If the Planning Commission was concerned with direct views from Highway 5 into the garages, staff recommends the applicant add landscaping along the northwest portion of the property. The landscape materials should consist of shrubs and evergreens. 3. Condition 9. There shall be no exterior banners, temporary signage, flags, or exterior tire displays. Comment: Goodyear is requesting permission to use banners and temporary signage as permitted by the City's Sign Ordinance. Exterior tire displays would still be prohibited. It should be noted that the conditional use permit was approved before the revisions to the sign ordinance concerning the use of temporary signs was adopted. 4. Condition 10. Hours of operation shall be between 7:00 a.m. and 7:00 p.m. Monday through Saturday. Comment: Goodyear is requesting permission to be open from 7:00 a.m. to 9:00 p.m. throughout the week, including Sundays. At the time of conditional use permit approval, the developer of the property indicated that their hours would be 7:00 a.m. 7:00 p.m., Monday through Saturday. The Council indicated a desire to have limited hours of operation because of the residential area to the south. Goodyear indicated that they wish to have extended hours of operation because their new competitor, Tires Plus, is open longer hours. Tires Plus is located in the same zoning district, but in an area void of any residential development. It should be noted that the new car wash building to the south of Goodyear is open 7 days a week. Car washes are permitted uses in the BH, Business Highway District. ANALYSIS The applicants are requesting amendments to their conditional use permit because of difficulties experienced in operating the business under the current conditions. The existing conditions were agreed upon between the developer, Al Beisner, and the City. The current management of the Chanhassen Goodyear was not directly involved in the site development review process. It appears that some of their concerns and operational standards may not have been considered. Planning Commission September 23, 1996 Page 4 It should be noted that this development occurred prior to the adoption of the Highway 5 Corridor Plan. Concern was expressed throughout the review process regarding the image of the corridor and the impacts that auto related uses would have on it. A second concern was that of the residential neighborhood to the south and the potential impacts of increased noise, fumes, and traffic. Whereas,the City has received complaints from a neighbor and other members of the community, it appears that several of these conditions, if not all, could be modified to provide greater flexibility in the operation of the business. With the addition of the car wash building to the south of Goodyear, a greater buffer now exists between Goodyear and the residential neighborhood. RECOMMENDATION Should the Planning Commission approve the requested amendments, staff recommends the following motion be adopted: "The Planning Commission recommends approval of an amendment to Conditional Use permit 92-2 with the following conditions: 1. No public address systems are permitted. 2. No outdoor repairs to be performed or gas sold at the site. 3. No parking or stacking is allowed in fire lanes, drive aisles, access drives or public right- of-way. 4. No damaged or inoperable vehicles shall be stored overnight on the Goodyear site. Cars awaiting repair such as new brakes or new tires are not considered damaged or inoperable. 5. No outdoor storage shall be permitted at the Goodyear site. 6. Noise levels shall not exceed OSHA requirement or Minnesota Pollution Control Agency guidelines at the property line. ` :. .- -- -- . - ,. .. • " 7. Pollution levels shall meet standards set by the Minnesota Pollution Control Agency. 8. Compliance with conditions of approval for Site Plan Review#92-3 and Subdivision #90-17. Planning Commission September 23, 1996 Page 5 9. There shall be no - . .• . - .- . •_ - ' _ . exterior tire displays. Temporary signage shall comply with the sign ordinance. 10. Hours of operation shall be between 7:00 a.m. to 740 9:00 p.m. Monday through Saturday and 7:00 a.m. 12:00 p.m. on Sunday. 11. The applicant shall add evergreens and shrubs along the northwest portion of the site to screen the garage doors from views from Highway 5." ATTACHMENTS 1. Letter from Goodyear and application dated September 12, 1996. 2. Public hearing notice 3. City Council minutes dated January 11, 1993 and February 8, 1993. Chanhassen Goodyear 50 Lake Drive East Chanhassen, MN 55317 September 12, 1996 John Rask City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Dear Mr. Rask, We are responding to the conditional use permit on the Chanhassen Goodyear property located at 50 Lake Drive East, which will be reviewed in the upcoming month. The reasons, in which we will state below, are in the best interest for our customers, as well as just plain business fairness. The condition states that the garage doors will not be open more than 12 inches. Just the heat off of the engines, which can be at quite high temperatures, is enough reason to keep the doors open and allow the fresh air flowing through. When temperatures during the summer months reach 85 degrees and up, the technicians get extremely hot, even with the doors open. So, this little bit helps to give some relief to our employees. The permit also states that the hours of business shall be 7am-7pm. Many of our customers work until 5pm or 6pm and can only come in later at night to have their vehicle fixed. We need the extra two hours in order to adequately repair our customers cars and to get them finished before the next business day. The second reason for wanting to be open until 9pm is because our local competition, Tires Plus, is also open late. This gives them a greater advantage when it comes to servicing our local community. The next condition states that no damaged or inoperable vehicles may be stored outside overnight. First, we do not work on any damaged vehicles. We repair them mechanically. Secondly, we have many customers that have their car towed to us after they have broken down. They obviously are inoperable, but hopefully only for a short time. It is especially important for us as a business to repair the cars quickly because we realize the limited amount of parking we have. We have also make agreements with Abra and the emissions testing station to park our overflow cars in their lots under extreme weather conditions, which is our busiest season. Page 2 We are requesting to be open on Sundays also for two main reasons. First, the competition has moved into the area and are allowed to be open Sundays. If we are not open, this gives them a greater advantage in taking our customers away. Secondly, our customers cannot control when their vehicle breaks down. Since a majority of them work during the weekdays, Saturday and Sunday is the most convenient to have their car repaired. Most people need their car back first thing Monday for transportation to work. One of the conditions state that no exterior streamers, temporary signs, flags or tire displays shall be permitted. We only ask that we are allowed to follow the same rules that the city permits for all other businesses in Chanhassen. We hope the reasons we have given here may give you some insight as to why we need these conditions reversed. Thank you for your consideration in these matters. Sincerely, Larry Youngstedt Steve Youngstedt Dan Smith LI z ` CITY OF CHANHASSEN 690 COULTER DRIVE S„ CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION 1 1- ( '•'c' APPLICANT: 1,1 _k (-1/4 ;I ; C` << a z a� OWNER: 1 ADDRESS: ADDRESS: (-5. e 1 e TELEPHONE (Day time) i - � 2 TELEPHONE: 1. Comprehensive Plan Amendment 11. Vacation of ROW/Easements 2. '� Conditional Use Permit //-Z J 12. Variance 3. Interim Use Permit 13. Wetland Alteration Permit 4. Non-conforming Use Permit 14. Zoning Appeal 5. Planned Unit Development 15. Zoning Ordinance Amendment 6. Rezoning 7. Sign Permits B. Sign Plan Review Notification Signs 9. Site Plan Review X Escrow for Filing Fees/Attomey Cost` $100 CUP/SPRNACNAR,WAP $400 Minor SUB/Metes & Bounds 10. Subdivision TOTAL FEE $ n. • `1 A list of all property owners within 500 feet of the boundaries of the property must Included with the application. Twenty-six full size folded copies of the plans must be submitted. 81" X 11" Reduced copy of transparency for each plan sheet. NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. " Escrow will be required for other applications through the development contract :�� VI111�� NOTICE OF PUBLIC HEARING .014 do. .. Iffr ,HANHASSEN PLANNING COMMISSION Minium'Minium' 4.I NMI ma � �� Wednesday, October 2, 1996 —.. .. .. �, . ky �■ ■� a� at 7:00 p.m. = :- :: :: •■11 I1:soy City Hall Council Chambers =ZIP ■n un II ILI log 11111 ' 690 Coulter Drive 1���1 ' E :iii i■� 2 a� I h.tzt �,�■ � e East I 411: ■/11.1 MCgiu�QcuR`Ai. Crg)40 •I S�ate Hv+Y • .2, cv-4.0 ter. PROJECT: Amend Conditions of Site Plan ������ 4g •w �.� Olga and Conditional Use Permit i►�� e#4.0 2sweg 4441:1104:41 I. VP mitio4 41 DEVELOPER: Goodyear Auto INt1:4441■■►* was LOCATION: 50 Lake Drive East NOTICE: You are invited to attend a public hearing about a development proposed in your area. The applicant, Goodyear Auto, is requesting an amendment to their site plan and conditional use permit regarding hours of operation, signage, and other stipulations of the permit. 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 John 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 September 19, 1996. _ + CITY OF CHANHASSEN ALEX & MARILYN KRENGEL 690 COULTER DR 8009 CHEYENNE AVE PO BOX 147 't . CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN HOLDING CO LOREN R JOHNSON & 14201 EXCELSIOR BLVD 8011 CHEYENNE AVE MININETONKA, MN 55343 CHANHASSEN, MN 55317 MCDONALD'S CORP (22-157) CLIFFORD L WHITEHILL AMF O'HARE 6247 INDIAN MEADOW PO BOX 66207 ORLANDO, FL 32819 CHICAGO, IL 60666 SYSTEMS CONTROL INC CLIFFORD L WHITEHILL 9555 JAMES AVE S 6247 INDIAN MEADOW SUITE 220 ORLANDO, FL 32819 BLOOMINGTON, MN 55431 TABNKE BROS INC JAY L & PEGGY M KRONICK PO BOX 7 8575 TELLERS RD VICTORIA, MN 55386 CHASKA, MN 55318 KAHNKE BROS INC PO BOX 7 VICTORIA, MN 55386 CHANHASSEN CAR WASH PARTNERS 4711 SHADY OAK RD HOPKINS, MN 55343 THOMAS M & KRISTIE A KOTSONAS 8001 CHEYENNE TRL CHANHASSEN, MN 55317 JAMES R & JANICE GILDNER 8003 CHEYENNE AVE CHANHASSEN, MN 55317 MICHAEL A & CYNTHIA K KOENIG 8005 CHEYENNE AVE CHANHASSEN, MN 55317 City Council Meeting - Ja .ry 11, 1993 I. SET SALE DATE FOR 1993 TAX INCREMENT BONDS. Councilman Senn: If I understand (i) correctly, what we're doing under (i) is we're approving the sale of the bonds? Don Ashworth: That's correct . • Well, you're setting a sale date, but that's _ making the assumption that when we get to the actual sale date, that if they bring back a reasonable bid, that we'll award it. It does give an approximate 30 day period. I can't remember what we recommended in here for a date. The first meeting in February. Sale date for February 8th. So you would have an opportunity between now and February 8th to let's say, ask additional questions in regards to what it is that's proposed to be bonded for in here. I would prefer tabling the item to respond to those rather than to get into to actually preparing a perspectus and telling people what it is we're bidding and then change our mind. It would be more preferable to take 2 weeks and figure out, no. I don't like some of these items or yeah, all of those are fine versus - again, putting out an official statement and then saying, you know we're not really going to make this sale. Councilman Senn: Rather than take the time or waste the time to discuss specific items maybe tonight then I'd like to move to table. Mayor Chmiel: Okay. Is there a second? Councilman Wing: Is that what you're requesting? Don Ashworth: Yes. If there are concerns by Council. We're not going to go broke if we wait an additional 2 week period of time to make sure that everyone is up to speed as to what it is that's proposed to be bonded. Mayor Chmiel: I would second that because I had some things here too that, my concerns were what the rates of interest. What are we looking at? Where are we going with this? And a few other things too. Councilman Senn moved, Mayor Chmiel seconded to table setting the date for the 1993 Tax Increment Bonds until the next City Council meeting. All voted in favor and the motion carried. GOODYEAR TIRE FACILITY LOCATED SOUTH OF HIGHWAY 5, NORTH OF LAKE DRIVE EAST, AND EAST OF THE CHANHASSEN EMISSION CONTROL STATION: A_ REPLAT OF LOT 2, BLOCK 1, CHAN HAVEN PLAZA 3RD ADDITION INTO 3 LOTS, B. CONDITIONAL USE PERMIT TO LOCATE AN AUTO SERVICE RELATED USE IN THE BH, BUSINESS HIGHWAY DISTRICT. L_ SITE PLAN REVIEW FOR A 5,397 SO. FT. GOODYEAR TIRE BUILDING. Public Present: Name Address Al Beisner Maple Grove Chuck Beisner Vernelle 1Jayton Chanhassen 12 City Council Meeting - uary 11, 1993 Thomas N. Thompson Chanhassen • Tom Kotsonas Chanhassen Estates Sharmin Al-Jaff: There are three applications before you. A site plan, a conditional use permit and a subdivision. Approximately 3 acres are proposed to be divided into three lots. Lot 1 will contain the Goodyear facility. Lot 2 is _ proposed to contain the Abra facility and Lot 3 will be reserved for future development. The proposal came before the Planning Commission on several occasions. Planning Commission's primary concern revolved around the design of the site relative to ongoing issues of urban design and the Highway 5 corridor. The Abra design still wasn't satisfactory. That's why we didn't bring it in front of you today, but we kept the Goodyear on for you to vote on. The site plan is reasonably well developed. Staff has been working with the applicant for approximately 6 months now and the design has improved considerably. The Goodyear building is a split face concrete block accented by a sandable decorative texture finish structure that will have a series of service bays and a pitched roof. All services will be conducted inside the building. Parking for vehicles is located on the north and west side of the structure. This location is ideal since it places these areas further away from residences south of Lake Drive. The site landscaping is of high quality due to attention that was paid to this issue by staff and the applicant. We regard the project as reasonable, well developed and staff is recommending that the City Council approve the site plan, the conditional use permit and the subdivision request with conditions outlined in the report. Thank you. Mayor Chmiel: Thank you. Is Goodyear here to make any formal presentation or do you have something for us to view this evening? Al Beisner: I'm Al Beisner. I'm not Goodyear. I am the developer of the site. A little history. We came to Chanhassen in May I think of last year. I have a relationship with Goodyear. They wished to locate in your community. We looked at several sites. We originally had put money down on an option site further west. That was a neighborhood zone and would require rezoning. When we came to staff we were informed that rezoning in this particular area would be very difficult because neighborhood business is neighborhood business. This particular piece of property is highway business. I think number 20 under the proposed uses under highway business fits the Goodyear site and the Goodyear use very well. Later on in the development of the project, because of some sort of a glitch I guess, we fell into a conditional use permit requirement which we are complying by. We have been through, as you probably heard, many, many meetings and design changes with Goodyear, with Abra and the Goodyear store was never the problem. It was the Abra store that seemed to be the problem and we are not asking for approval of that building tonight. We're back doing probably, as we refer to, our seventh redraw of the architectural in that. Even though architect and the taste appeared to be a matter of the individual taste of the Planning Commission, of myself and it's very difficult for us all to agree on what works. I have some boards, color boards I could put here and show you what we've done to the site and how it's going to look. In sitting through several of these meetings with the neighborhood group and hearing feedback from residents, in reviewing this entire procedure, I'm very, I'm confident that what we are proposing is a very, very good use for the site. Number one, we are spending about 2 1/2 times as much on landscaping as the city does require today. We're putting in some landscape features that are not in your 13 City Council Meeting - Janu ' 11, 1993 requirements at all. Number two, we have set back the buildings from the freeway a good distance so that we don't have a building out on a freeway. Basically we've also lowered each, or we've lowered the elevation of our site about 5 feet from the next door neighbor, which is the emission control building. You'll see from one of the drawings that I have that we're not very visible, much to the chagrin of Goodyear and of Abra, from the freeway. We've put in berming. 3-4 feet of berming in front so that cars that are parked in the parking lot will hardly be visible from Highway 5 and/or from the Lake Drive side. And in reviewing some of the neighbors concerns and what is permitted in a highway zone. I think fast food restaurants, which are 24 hours. And motels which can operate 24 hours, that have their lights on and have cars going in and out all the times of the day. We don't expect any traffic problems. We're hoping to have 32 cars a day as customers for the Goodyear store. If Taco Bell, which is a permitted use in that zone, has 32 cars a day, they wouldn't be in business there. So I think that we've lost sight of some of the things that this really is a better use because it's open during business hours. We aren't open after 9:00 on any one night. We aren't open Sunday and I think that with the extra attention that we've paid to the landscape details, that we've done, we think it will be a very good, compatible use. There will be no outside storage. There won't be cars parked outside. Those are all in ordinances that the City of Chanhassen has currently and we expect that they would enforce those. I'll try to show you a couple of things. This is basically the color site plan, landscaping plan of the two sites. We're only considering the Goodyear site. We're not developing this other site. Right now. . .pond in here, existing stand of poplars that is there. We are set back from Highway 5 further than what your normal setback requirements are. The berm that we have along in the northern border here, we're virtually. . .shield cars. If you can see it closely, this is the.. .car here and a car there. The berm is 3 1/2 to 4 feet. A normal car height is about 4 1/2 or 5 feet. You won't be seeing that from the freeway where currently you. . .emission control building and the McDonald's site, there really isn't a berming there to screen their parking lot from the highway. This is the building that we are proposing to have a pitched roof. We have some gables on the ends. With accent colors and stripes of the Goodyear colors. This design...we had two gables here. On your handout, that shows. . . The same building with a couple of gables here to break up the long roofline that we did have at one time. Architecturally speaking, we are not in a historical zone. .Je don't have sidewalks in front of us. There won't be pedestrian traffic walking through there that we can tell. There aren't sidewalks going in and we think that we've come a long way and we have worked with the city and the staff in trying to develop the plan, the landscape plan and those kinds of things so that it would be a nice use here. Unlike many of you perport developers to be, some of us are very conscience of the community that we are in. We will be a major taxpayer here. We do not want to develop a slum. It would only hurt our values as it would hurt everybody elses values. And I know the problems that people have with developers and designs along the freeway. I, at one time was the original Commissioner of the Maple Grove Economic Development Commission and we adapted a highway zone. And we have bricks, glass or better and we aren't so sure that's the right answer. Developing your highway corridor is extremely difficult and architecture is extremely subjective. But we think what we've done and what we've put into this far exceeds what any of the standards were and we'll be pleased with this once it's completed. If you have any questions, I'm here_ 14 City Council Meeting 3nuary 11, 1993 Mayor Chmiel: Any questions? Councilman Mason: Do you have anything for the view from the back end? The Lake Drive side? Al Beisner: This will be the back. This is the south elevation. Sharmin Al-Jaff: The residential area. Councilman Mason: Yeah. Al Beisner: This way? Councilman Mason: No. I'm thinking of the south side. In terms of • landscaping. I know there's that outlot between the two but will their view be? Al Beisner: Right now they won't be able to see through. I don't know what's going on here. That will be addressed when this lot is developed. Paul Krauss: Ultimately there's going to be an intervening building with additional landscaping but nobody knows what that is at this point. Councilman Mason: On the southern lot? Paul Krauss: Right. Councilman Senn: So that is viewed as a temporary buffer rather than? Paul Krauss: Yes. Al Beisner: Originally we had inquiries by other auto related areas for this particular southerly site. We've had an inquiry, and I only take them as inquiries believe me, but from a doctor who wants to, or a dentist that would like to build his clinic there. I don't know why he'd want to be in this area as opposed to downtown but that's one inquiry that we do have. But otherwise there's nothing we have on the board. We do not have that property under option. We are optioning this property from, I think it's the Mason family, who coincidentally were the owners and developers I think of the. Councilman Mason: No relation. Al Beisner: No, but I think that they were the original developers of the property. The residential area south of the site. And at that time they wanted to develop all residential but there was some movement by the powers that be at that time to create a business buffer zone between residential and a highway. So that's how it came about. Councilwoman Dockendorf: Where do you expect the traffic flow to come from primarily? Al Beisner: Primarily from the McDonald's end of it. Whatever that stop light is there. The stop sign at TH 101. We, Goodyear, would like to do 32 cars a day_ Abra probably, and we aren't talking Abra now but Abra's probably 10 to 15 15 City Council Meeting - Jan'•ary 11, 1993 cars a day. It's not like it's a high traffic volume that's going to be created as opposed to if we were to have a fast food or something like that. Then there could be concern about traffic but we don't see that here. Mayor Chmiel: What about noise? . Al Beisner: They will, there is a condition in I believe the. Minutes about we will not exceed, Goodyear will not exceed the acceptable or the permitted noise level. Goodyear is not noisey. They do everything indoors. Closed. Garage doors down. It 's not a noisey kind of business. It's not fixing auto wrecks at Goodyear. It's you know, greasing, oiling the car, alignments, tires, that kind of thing_ Councilman Senn: Two questions if I could. One's a clarification. In our staff report, there's a section on the hours which leads me to believe that an agreement was reached with the neighborhood that you'd be open 7:00 a.m. to 7:00 p.m. Now I just heard you say a minute ago that they were going to be open until 9:00 p.m. Al Beisner: I'm sorry. We do not have set hours yet. We have not reached agreement with anybody. The hours that you have in your Minutes ajlejiiitypical hours a Goodyear store is open. And they vary from operator to operator. But there isn't a Goodyear store in the Twin City area that's open past 9:00 so that's why I threw out the 9:00. That was a mistake. Right now the proposed lours are as stated in that staff report. Councilman Senn: 7:00 a.m. to 7:00 p.m.? Al Beisner: Yes. Yes. Councilman Senn: But there's no tie to that basically one way or the other? Al Beisner: No. Councilman Senn: Second question is. Mayor Chmiel: Paul had a. Paul Krauss: He said as to the noise. I think there's an omission here. When this was before the Planning Commission. in fact we were talking about it to the ?fibra people and they indicated that they have a company requirement fhat tie Coors be kept virtually shut. No more open than a foot or two off the ground. And one of the things it _does is cut down the noise. That was to be a condition' on both sites that we were going to add. So that would rielp fo keep`fhe impiEt - rench noise down if it's basically taking place within the building. Councilman Senn: Yeah, because most of them leave the doors open in the summertime. Paul Krauss: Right. Councilman Senn: Second one is, where will you, and it may just be the plans that I have so I'd like to know, where is your storage area in effect for your 16 City Council Meeting - ""nuary 11, 1993 trash and your discarded tires and that sort of thing? Especially your discarded tires, which get to be quite a pile. Al Beisner: Right here. We're proposing to attach this, this is a 5,200 square foot building. Square foot site. . .is enclosed part of the building. There is outside, the door is that direction. Councilman Senn: .So it's not roofed? It's basically like a trash enclosure? Al Beisner: No, it is roofed too. Not like a trash enclosure. Trash enclosure is not roofed. Here is that , it does have a roof. . .with a door that shuts and it does lock. Mayor Chmiel: Any other questions? Councilman Wing: Paul, it says they're going to use a split block. It sounds like a cement block building. Is that right? It might have a fancy texture to it but it's a cement block building? Paul Krauss: That's true. The City prohibits unadorned block. Councilman Wing: But it 's a cement block building. Is the one in Eden Prairie, near the Eden Prairie Center, is that not brick? Isn't the Goodyear store in Eden Prairie brick? It sure looked like brick to me. Al Beisner: I don't think so. Block comes in so many different styles and shapes. It may be the burnished block look that we are trying to achieve here too. Councilman Wing: But it matches all their � other brick buildings. Al Beisner: Yes. Goodyear doesn't have as many brick buildings as you might think. Councilman Wing: I don't care if they've got any. But in regards to this city, you're putting a building right in our gateway. Paul Krauss: Councilman Wing, we do have a photograph of that one. It does appear to be a brick. Councilman Senn: It is brick. Councilman Wing: It is brick. Councilman Senn: It is brick. The one on Highway 7 is a combination burnished block and block face block. Councilman Wing: Just I guess my comment just on that one specific issue is that, if we're going to place, if we're going to allow automotive use to expand beyond the central business district, and start stripping down the highway into our, the very essence of our gateway which has been a primary discussion for a year now, the cart 's ahead of the horse and I don't think we can do much about it in this case. They're meeting the land use and like it says, it 's 17 - City Council Meeting - Ja• •ry 11, 1993 reasonable. It's not necessarily unacceptable but I don't think we should be looking at any concrete block if other cities are getting brick and it's certainly a much higher quality building than the one we're looking at. And I went around and I looked at the different types of burnished block and split face concrete block and it's still a cement block building and I'm not going to buy it on this one. Cement block building, I don't care what you call it . It's a cement block building. The one in Eden Prairie startled me because first of - all it's nicely landscaped,fwhich I think this is the case here. With berms but it was also a real quality building which I was surprised to see. If I go into the. let me just take a quote here out of the Planning Commission meeting from one of it's senior members. Typically with car care type structures you wind up with a very minimum it takes to do the job. That's the type of light industrial use that you often see with these types of buildings. This is the designer saying this_ It is not something that I think we would be in the interest of good planning to be putting next to both the entrance to our city and single family residents and I agree with his statement. I don't think any type of cement block is acceptable for this building. Not.. .I'd just like to, that 's the only comment I have on that issue. I'd like to stop right there for now. Councilman Senn: Mr. Mayor, is this time to ask Paul questions too or? tlayor Chmiel: Sure, yes. Councilman Senn: haul, in relationship to that hour issue then. That is not something that. it was kind of a point of resolution with the neighbors? Paul Krauss: I don't recall it as being one Mr. Senn but under the conditional use permit standards, you can attach conditions that regulate hours of .operation. So it can ..ertainly be resolved by you there. Councilman Senn: Is there, reading through your findings, I just wanted to clarify a couple 87 them on page 12. If I'm reading this correctly, there will be a condition in the conditional use permit which says there will be no unlicense or inoperable vehicles stored on the premises. Paul Krauss: Yes, there should be. In fact it's one of the standard ones in the ordinance. It should be, repeated. Well, it is. No damaged or_inoperable vehicles shall be stored overnight on the Goodyear site. It's condition number 4. Councilman Senn: And there will be no outside repairs whatsoever? Paul Krauss: Yes. Condition 2. No outdoor repairs to be preformed or gas sold at the site. We should probably clarify the language so it more directly Parallels with what's in the text but the conditions are in there. Councilman Senn: I didn't see a condition at all relating to outside sales. Flags. banners_. all that sort of thing, which Goodyear is famous for. Is it I'm just not seeing it or is that something? A1-3aff: It's not in the report. 18 City Council Meeting - '=ruary 11, 1993 Beisner: I believe that that was an issue that was brought up at one of the Planning Commission meetings and we understood then that the City of Chanhassen has a sign ordinance and what you can do and how you can do it. I'm assuming that's what we are abiding by. Paul Krauss: The sign ordinance would probably allow some of the situations to exist that you're referring to so it may be wise to, if You wanted to place_ limitations on it, put its in the conditions of the permit. Mayor Chmiel: Alright. Any other questions? Councilwoman Dockendorf: Do you see the development of the Goodyear store preconditioned on Abra going in? Al Beisner: No, No. It came about because I was doing the Goodyear store and there was another developer that had an option on this site and was going to put in an auto mall and he had Abra and they wanted to be there and I said, I just want to build a free standing Goodyear store, And he said, well I'd like to put an Abra store in there so we're making two separate legal descriptions. Two separate loans. Two separate ownerships. The whole thing. So it's not one on the other at all. Mayor Chmiel: Okay, thank you. Is there anyone else like to address the Council at this particular time? Yes sir. State your name and your address please. Tom Kotsonas: My name is Tom Kotsonas and I live in Chanhassen Estates. I back • up to Lake Drive East. The gentleman has made some comments and maybe he met with some other neighbors and not myself but I don't remember being informed or • asked to attend any meetings. I've gotten the implication that he's met with the neighbors. I don't know. No? Okay, so I misread the statement on that. I would just like to reinforce some of our concerns from the Chanhassen Estates neighborhood and those of us who back up to that proposed development. Much of it's been brought up. There seems to be, and rightly so, a great deal of concern with the north side facing the highway. The berming and the trees and so forth. They mentioned the parking on the west side. The west side affects us more than parking on the east side of the building. That's the east side is further away from the houses than the west side is. We have, obviously would like to see as much berming on the south side and the west side as possible and as much vegetation, trees that are of some size to start with. 3 and 4 and 5 foot trees, especially pine trees take many years and I'm a young man but if they stage it, some of those trees grow in Minnesota, they'll be 20 or 30 years from now before they get to a size that will be of any benefit to us and I would like to stay in the neighborhood that I'm in. I've been there a long time and I would like to continue residing there. And I mentioned to other people at times that we have seen a number of, I have seen a number of my neighbors move out because of development that's taken place along behind us. As long as I've got the stage here a little bit, we have McDonald's sitting there with spot lights shining through at nighttime. We have the emissions control, or testing center which we can watch cars coming in and out of there, checking stations, or they can watch us you know from the same thing. We would like this not to become similar to that. We would like, if it's going to be developed, whatever is there we would like to be insured that we have plenty of privacy. We've been 19 City Council Meeting - January 11, 1993 there a long time paying taxes and we have a right as residents and as taxpayers to protect our property, our neighborhood and our values as much as someone coming in and making a profit. Thank you very much for the time. Councilman Mason: Why wouldn't the parking lot be on the other side there? If it would help that neighborhood out . Was that addressed at all, do you know? Paul Krauss: Not specifically. Mr. Besiner might have some considerations about the parking. This parking is fairly remote from the neighborhood. I mean ultimately there's going to be quite a bit, and I'm not sure what, but there's going to be something between there and the neighborhood. Al Beisner: This is the west side. This is the east side and this is residential down here so. . . Also, a problem that came about with the development of the emissions control site. This site will be. it is right now 4 1/2 feet higher than this. . . Coming from the. . .natural drop. We have a 4 1/2 to 5 foot drop from this elevation to this elevation. There will be no cars visible from the west . It became more, originally we had the Goodyear building over here but we couldn't put in the. . . I don't know what happened to that when the emission control building. . .if the site was raised. . . Paul Krauss: Now, in the duration, you do have that clump of willows over here which are not great but in the summertime do offer. . .a line of trees along what will become the north property line there and at least that would give them some time to grow. But again, we're still uncertain as to what's going to happen there. I assume it will probably take access off the driveway here someplace, kind of right across from that and in that case those trees won't be in the way and could be allowed to stay. Al Beisner: On our final plan, and. ..we do not have any illuminated lighting for Goodyear on this end of the building... Councilman Mason: I did note that there are going to be some trees that are 16 feet in diameter on the report. That's great. I want to see them. Mayor Chmiel: Is there anyone else wishing to address this at this time? Tom Thompson: My name is Tom Thompson, a Goodyear employee and perspective Dwner of this facility. First. some concerns about hours. Most of the stores that are open until 9:00 are near malls. So this store more than likely will, 7:00 will be sufficient. Secondly. the flags and signs. Goodyear doesn't lean towArds the carnival effect. They work towards professionalism and looks of the building, which it handles well. So as far as the flags and the carnival effects, would be on an annual, possibly a permit type thing. Sales, such as �anniversay sale. Minimal weekend things. So I don't think that would be, shouldn't be a concern. As far as noise. 25 to 30 cars a day is the normal. and less than 10% of these vehicles are being operated during repair time. So exhaust, revving engines or whatever you want to call it, they're sitting idol. They're not running. The only equipment that would be making noise are air tools which probably more than 50 to 60 feet away you wouldn't hear them anyway. They'd all be within the building. So the noise level's minimal. The looks of the building, someone had recommended or had mentioned Eden Prairie. I managed 20 City Council Meeting - Lary 11, 1993 Eden Prairie for 7 years and this building far exceeds the looks and outlay of the Eden Prairie building. It was set up very well. Thank you for your time. Councilman Wing: I just have, one thing in Chanhassen we're certainly interested in good corporate citizens and liquor stores who don't sell liquor to minors and cigarettes to minors at the grocery stores, and Mr. Beisner I don't want to put you on the spot here necessarily, but didn't Goodyear get a lot of really negative media coverage recently on quota systems and, didn't they recently get caught in a sting operation? Tom Thompson: Yes, that was the corporate stores which was, it was one sided. It was sensationalism in journalism. It was a one sided store. I work for a corporate store right now and I can honestly say the independents could be as much a spot as a corporate but sensationalism in journalism. No one's going to deal with one man. They want to go for the corporation. And my store, which I work in Wayzata, we had been visited several times. Nothing was said. What little highlighted segments you saw on the television were sensationalized. They panned out to be nothing and it fizzled out real quick. Councilman Wing: So that problem, both between Sears and Goodyear, that's been resolved? I can feel comfortable. Tom Thompson: Sears was a much more complicated issue. The government was involved with that and government also did come to Goodyear and ask for their advice and their help and Goodyear declined because they didn't want to get into m►ud slinging. Councilman Wing: So there's no question I could come to your store in full trust? Tom Thompson: 100% guaranteed. That's been Goodyear's warranty all along. 100% customer satisfaction. Councilman Wing: Okay. Councilman Senn: Are you individually going to be owning and operating this business? Tom Thompson: Well, I don't know. It's a franchised store which means Goodyear will hire on the owner, just like applying for a job. So whoever's best suited for the position of owning this facility will be taken on. And each individual who applies for ownership has to meet certain requirements, so it's fairly strict. Mayor Chmiel: Do you still live in town Tom? Tom Thompson: Yes. I'm a resident of Chanhassen. Mayor Chmiel: Any other questions of Tom? Thank you. Tom Thompson: Thank you, Mayor Chmiel: You had some specific questions that you wanted to bring up. 21 City Council Meeting - Jane-ry 11, 1993 Councilman Wing: Whenever it's convenient . Are you looking for. . . Mayor Chmiel: Yes. Councilman Wing: Mr. Biesner, my comments tonight I want to make sure are not directed at you, and this is the first time as a Councilmember I get a chance to react to this. It goes through Planning Commission and we have preliminaries but all of a sudden here it is, and last time I showed some concerns I got a letter from a corporation that kind of came after me. So I'd like to put my comments out but necessarily be attacking you or your company whatsoever. And I want to back up and just comment that these are really permanent installations. Kind of one shot deals and we either do it right or we're stuck forever. The real concern I've got is this is our gateway. I'm going to suggest that this is our front door and we're kind of developing it using 15 year old standards and ordinances that are just in the process of being updated and these lots on this east end are sneaking by the program here and I'm going to suggest that in 6 months, or if this was to be held for a while, that this development might not be occuring in my opinion. I was hoping we could zone and limit fast food and auto centers and kind of centralize their automotive centers and not spring them up on a strip basis running out to our east end right down our gateway. So I guess I'm recognizing that this is meeting our standards and maybe there's very little to be said or done and my voting no would not even be a legal vote no if they're meeting our ordinance guidelines. But on the north side of the street we've just taken out a taco stand and a cement plant. Now we've turned around and added an auto body shop and a Goodyear tire store, and I don't see those as necessarily complimenting each other. It seems we're trying to clean up this side but then we're letting kind of what I see as an inappropriate land use come in for the south side now, and I have nothing against Goodyear. My last set of tires came from them, but again we're talking land use and what's best for the city. And I think if the Highway 5 corridor study were in line and if our landscaping and our land use ordinance were up to par where I'd like it to be tonight, that we probably wouldn't be addressing this. My concern is that there's probably a few more lots out there in this area that are going to slip through unless we do something really rapidly and that's what I want to discuss under Council Presentations. I think we need to move to prevent additional automotive or fast food uses at the entryway to our city. Reasonably well developed. Reasonably well developed for our gateway. .. .come to terms with this in the staff report has been like trying to hit a moving target because we don't have any rules in place. Cement blocks I don't approve of. Reasonable if on exceptional land use. You know none of this is making me feel real good about this. Eden Prairie is brick. I'm going to suggest that we have brick here_ The building architecture meets the standards of the site plan ordinance requirements. That's back from 1978. Not the new corridor study that's coming through. Just quickly going back to where we're winding up here and why I'm really afraid of approving this tonight without a lot more information. The Planning Commission who has looked at this night after night and week after week, said they're really worried about it. Senior Commissioners are, there's one comment off of page 11. I think Ladd you hit it on the nose. We pass this up to Council tonight and let them take a hack at it. Probably the best thing to do. Five more opinions. Well I think we're less informed than the Planning Commission and we're not designers either. So I really, I guess I don't know if we've got any justification to say no to this but they slip through the crack and what we're trying to do on Highway 5 and I'm really concerned about the 22 . City Council Meeting - 'anuary 11, 1993 neighbors comments about the negative impact these businesses will have. I don't think they're positive quality business. Again, nothing to do with Goodyear. I'm talking strictly land use and do we want our corridor, the gateway to be auto body shops and tire shops and so on and so forth. I think the neighbors comments about the degregation of their neighborhood and the type of land use that 's going in here is very pertinent and I really am concerned for the neighbors and I wish we had been a head of this by another 6 to 8 weeks. 6 months. This probably wouldn't have happened, I think the neighbors have very valid points and I think that once again, staff and City Council are sitting here with all our hoofs dug into the ground, pulling backwards but the carts got all the developers going westbound and they've got more people than we've got. They've done everything right. They're given and yielded. I think staff has done an excellent job on this. I'm real disappointed that Planning is saying, we don't like it and I'm saying I don't like it and I don't like the land use and I wish we were ahead of this and I hope that no more of these are going to slip through the cracks. I can't be any more negative than that. I'll turn it over to somebody else. Thank you. Mayor Chmiel: Thank you for your positiveness. Colleen, do you have any? Councilwoman Dockendorf: Yes. I think a reocurring theme that we're going to see tonight is the Highway 5 corridor task force and where they are and being a freshman on the Council I'm not completely certain where they are in the development of the plan but I'm concerned that we are letting things come through without an overall plan for what we want to do for Highway 5 and how businesses will relate to that development. So I'm concerned about allowing businesses to build or do anything until we have that long range plan in focus for Highway 5. Particularly, as Dick said, with it being the gateway to our city. I appreciate all the work that's been done by the Planning Commission and by Goodyear but it sounds like nobody's completely thrilled with it and I have a lot of faith in staff and in the Planning Commission. They're not thrilled. I'm not particularly thrilled. As Dick said, it does meet our standards as they sit today but as City Council we have the authority to put the brakes on this one until we have more current standards to have it live up to so I guess right now I'm uncomfortable with it. Mayor Chmiel: Okay, Michael. Councilman Mason: Being uncomfortable with it and which way we're going to vote I think are two different things. I find myself being in kind of an unusual position here. I'm not sure at this point that we have much choice. I agree with your comments about I wish this was coming 6 months later because I suspect we'd be done with our Highway 5 overlay. Just out of curiousity Paul, how much longer do you think we'll be going with that? Paul Krauss: Councilman Wing asked me that this afternoon and I always hesitate to give a date where you have citizens involved because you're never sure which way it's going to go. We have an intent to try to wrap it up in about 5-6 months, or at least get the ordinance out. In fact, there's a separate subcommittee, well you're aware of that. A separate subcommittee has been established to work on the ordinance aspect under an accelerated way and their first meeting is Wednesday. So I'd give the 6 months as a reasonable timeframe. 23 City Council Meeting - Ja ry 11, 1993 Councilman Mason: I guess my question would be, and maybe this is to the legal end of this. Is there anyway, and also I want to share what Councilman Wing said too. I think clearly there's been a lot of work done on this and I appreciate that. That to me is not the issue at all, but we are talking about • what Chanhassen is going to look like for the next , as long as I'm going to be here, and I'm curious if there's anything we can do to hold this off until that - gets done. I mean what happens if we vote this down? Elliott Knetsch: Well, part of this is a preliminary plat and you're obligated to act on the preliminary plat but then I believe it's 120 days after it's submitted to you from the Planning Commission so I don't think you could wait until it's done to act on this. You're legally required to act in a certain amount of time. Councilman Wing: Mike, the other comment along that line, and I don't, you have the floor but the central business district which this falls into, is not - necessarily anything that the task force is dealing with. They're primarily dealing with the western two-thirds and so this is the eastern part which may or may not have any reflection on that task force at all and their findings. Excuse me. Mayor Chmiel: Anything else Hike? Councilman Mason: No. I guess we could drag our feet and see if we could prod the committee along but I don't see that. I guess we're asking Goodyear and people to act in good faith and I think we need to act in good faith too. So at this point I don't have anything more to say. Mayor Chmiel: Hark. Councilman Senn: I guess two different levels of comments. One is if we do proceed with this I would, I'm in real agreement with Dick that I'd like to see some upgrading of the building materials. I'd also like to see some stipulations that relate to hours and banners, flags and outside sales. And I guess those are the kind of, if it goes comments. I have I guess a real overall concern just in relationship to the land use. You know I know this is highway business but a lot of things under it require conditional use permit. You know if you go out and drive, let's call it the eastern section of Highway 5. It's kind of amazing. I mean you see an emission center, 4 gas stations, 1 oil change place, 2 auto service places, 2 carwashes, 1 auto parts place, and then go on and on and on. I've seen this happen before in other cities. I'll call a wonderful example, Hopkins which 20 years ago became gasoline alley. 20 years from then which is now, they're still working to get rid of that reputation and that image. You know I'm not sure I have as many problems with the Goodyear building itself if it's done properly but again I have a real problem with intensification of this type of uses on our main corridor because it seems to me the handwriting's on the wall. We're becoming another gasoline alley and I' think that's not in the overall benefit of the City of Chanhassen. I don't know I guess totally either what the solutions are and again, I haven't been involved in the year's discussion on this, if that's what it's been. But I'd really rather than see us proceed with approvals on this, I'd really rather see us take an action to do something like put a moratorium on it for 6 months so we can sit 1 back and get where we want to get in relationship to land uses on that corridor. 24 City Council Meeting - 'anuary 11, 1993 Now I'm not sure that's expanding the study that's going on out west because I'm not sure I want to take the efforts away from that that are going on but maybe this becomes an east end study of the same thing. But I get real concerned because any time an area first opens for development, these are the pressures that are put on it. The question is whether you're going to allow the pressures to take over or whether you're going to sit back and take your time and get a good balance. And I guess I underline that word balance of development. Balanced uses in the area. Mayor Chmiel: Okay, Richard. Councilman Wing: Don, I'd just like the City Manager to address this. Don, in laymen's terms, I agree with Councilman Senn. I think the land use has gotten ahead of the, has gotten ahead of us here and we're stung. To put it bluntly, isn't that a tough bounce. Have they not met our standards in our current ordinances and is there in fact, we have no choice? There is nothing to deny here? They've gone the extra mile with staff and with our ordinance. There's nothing to deny. There is no moratorium that he's put on here. Hasn't this simply slipped through the cracks and it's a done deal? Don Ashworth: I would request that the City Attorney respond to that. Elliott Knetsch: Thank you Don. I would agree with what you're saying to a certain degree. I think the bottom line is, however, that the use that they're considering here is a conditional use. If it was a permitted use and they met all ordinance requirements, then you are, there really is no discretion. But with the conditional use, you have discretion and the staff report contains the factors to consider in looking at a conditional use. The staff has made recommendations on findings but the Council is not bound by those findings. If you go through those and determine, in your opinion, that they don't meet those standards, then you could deny the permit. Or you know, if you come up with other standards that relate to the wording of these standards that you don't think they meet, you could deny the permit. In other words, you're not totally restricted to the specific language of the ordinance. If you have other traffic concerns, other land use concerns that may impact adjoining properties or the city in general, that could form the basis for denial of the conditional use permit. Councilman Senn: That addresses this specific action but I think Dick's question was coming back to more what mine is. Can we put a moratorium on consideration even of projects in this area until we have a chance to catch up and get a new land use plan in effect in place? Elliott Knetsch: The answer is yes. You're allowed to have what's called an interim ordinance while you study the area in question. Councilman Wing: So you're saying we could deny the conditional use permit and put an overlay, temporary overlay to get, we could get an ordinance on line real fast that might make it undesireable to put this type of business in or make it so attractive that we wouldn't care what they put in. But we could deny the conditional use permit? 25 City Council Meeting - January 11, 1993 Elliott Knetsch: I think that if you consider an interim ordinance, you would have to consider how the interim ordinance is going to effect pending applications. Do you want the pending applications to go through or do you want them put on hold until you, until you lift the ordinance and allow development applications again? Councilman Wing: Okay, we talked about moratoriums before and Woodbury got shot down so we chose not to go that route. Elliott Knetsch: Yeah, but Woodbury was upheld in Court within the last month. Councilman Wing: Was upheld? Councilman Senn: It was upheld a week ago as a ratter of fact. Don Ashworth: If you would consider denying it, what you previously have done is to act to have the City Attorney's office draft the, I guess you call them Findings of Fact. Basically it provides the basis under which this is being denied. If you are going to go with the moratorium, I would ask that you similarly table the item to allow the City Attorney to draft those findings as well. Councilman Senn: Excuse me Don, if we table it though, doesn't it pass by, I mean doesn't it just pass because of that time period you referenced earlier? If we don't act by that date, it goes forward? Elliott Knetsch: Right, but I don't believe that we're at the end of our time limit on that date. I don't know when the application was filed or when the Planning Commission acted on it. Sharmin Al-Jaff: The Planning Commission acted 2 weeks ago. Paul Krauss: But the item was filed. Sharmin Al-Jaff: In May. nayor Chmiel: I think everybody's concerns are establishing the Hihgway 5 corridor with the regulations that we're looking for and I think some of the things that I had too is something that were not addressed fully but we're looking at now with that adoption for the Highway 5 corridor. The standards for architecture as to the exterior of those buildings. What they're really going to look like. I think that's one of it. We could also go for that moratorium on a 6 months basis and I think within that period of time we might have enough gathered to put that through. I see a puzzled look on your face Paul. I'm asking that question. Paul Krauss: If it was just a matter of staff working with our consultants and going off and writing this thing, we could have it to you in 2 weeks. But the fact of the matter is, we're working with a citizens task force and we need to bring them along and then we need to go public with it and get feedback and then we need to bring it through the Planning Commission and then ultimately to you. Now at the end of that process, what you have is a new development ordinance. An overlay ordinance in all probability for the corridor. You haven't gotten to 26 City Council Meeting - January 11, 1993 City Council Meeting - wary 11, 1993 uses at all. I mean that involves the City initiating rezonings and they're probably going to be contested rezonings. A property owner isn't going to want to concede it in a number of cases up and down the corridor. Changing land uses also involves getting often rubber stamped but approval by the Metro Council, which adds more time. That whole, you're going the whole 9 yards on that thing probably takes the best part of a year. Councilman Senn: But can't we undertake that process, separating the east end from the west end and shorten that process back to what you were talking about in the first place? Mayor Chmiel: They're not addressing the east end. Paul Krauss: That 's not true. No. The corridor starts at Dell Road and ends technically past the Arboretum. The work schedule in fact , when we've targeted sites that needed special study, we started out with the area in front of Data Sery and then we've got the next site we've targeted is the Ward property so we've picked up parcels in and around, completely through the CBD. Also, Richard you mentioned something that the CBD and the corridor are not necessarily the same thing and that's true except to the extent the CBD has exposure on Highway 5. There was never an intent to look at anything specifically. You know, is the CBD a different area? Yeah. I mean preferrably we'll deal with that , with the Highway 5 study but you're not going to get answers to land use questions on 78th Street from a Highway 5 corridor study. That probably just adds confusion to the whole thing but I think you have to be, one of the things about moratoriums is you need to know that you have a date certain at which time the thing collapses or you're striving to attain that . Again, I think 6 months may be reasonable to establish an ordinance but it's not going to change the uses in that timeframe. Councilman Senn: So you'd need a year is what you're saying? Paul Krauss: I would think so. Councilman Wing: But perhaps if we did have this delay, we would at least, if Target was suggested to be our minimum standard, we did fairly well with Target . If that was our new minimum standard, I'd like to get that minimum standard in the ordinance so that then applies to these lots that are sneaking in the east side, which is going to increase the landscaping a little bit and maybe setbacks and building types, architecture standards and so on and so forth. Architectural standards, that's so nebulous we can hardly touch that in the next 10 years maybe but the types of businesses, I guess we can't change but at least what we did with Target, it ought to be in an ordinance form and on line before we let anymore development on Highway 5 into our gateway. This Mr. Senn, he sounds like this troublemaker Wing from 2 years ago. My first meeting I came and I said, here's what Highway 5 looks like to me with umpteen filling stations and this and that. It was a cement plant, a taco shop and a McDonald's and then we've got this little building that's the American Legion and I made it clear that I didn't want that to continue to the west end so this corridor study got started. Now you come in saying, you know it isn't a very pretty picture but yet we're allowing more of it and we're expanding it. It just doesn't sound right. I mean he's hitting it right on the head. I'm stunned that suddenly we're expanding this automotive center out to the east end of our city. We're 27 City Council Meeting - January 11, 1993 trying to encourage Eden Prairie to do a good job at their west end and not cut all those trees down so we can come barging in from the west and you know really do kind of the opposite of what we're even talking about so. I don't want to be. I hope I'm leaving Goodyear out of this because Mr. Besiner I have no axes with. The issue is strictly to me is land use. Our gateway and permitted uses. • Councilman Senn: But the ordinance takes that now. I mean the ordinance allows us to take the Target standard and make it the standard for this project or any other use like this in the corridor, correct Paul? I mean by simply attaching those conditions to the conditional use permit. Paul Krauss: You do have a fair amount of latitude under the conditional use permit to get better than normal development. So you could probably come up with something similar to the Target. In fairness to Mr. Besiner and Goodyear though, one of the problems here is nobody has ever been able to, well thus far, I mean we haven't been able to articulate consistently what will make everybody happy. You know when the Planning Commission talked about architecture, we had S different opinions and you've got Mr. Besiner sitting there saying, I will do what you want but tell me what it is. Mayor Chmiel: That's right . Yeah, I agree. Louncilman Senn: Mr. Mayor, I don't consider the issue here to be architecture. I mean that is a sub-issue. Mayor Chmiel: That is a portion of it. Councilman Senn: That's a portion of it but I consider the major issue here in front of us is land use in relationship to that area. Mayor Chmiel: Well, on the other hand you could put another taco shop or a Taco Johns in there and they would have 150 cars in a day or 200. Is that going to better it? I don't think so from the neighborhood's standpoint, or from the city's standpoint. Louncilman Senn: But delaying, doing a study, the moratorium would address both. I mean I guess I'm not going to turn around and say that that's better than a Goodyear because I think the Goodyear's better than the Taco and I'm not saying I wouldn't come back and say the Goodyear's fine. But my fear is, we approve a Goodyear tonight , then Abra's going to be in right next to it. And the third lot back there is going to be something else. Before you know it, there's going to be 3 more automotive things in here in front us. It seems to me we ought to bite the bullet and get at the job we really want to get at, uhlch is get it straighten away. Councilman Wing: Quick question for Paul. Direct question. I'll apologize later. The way things are happening, with our existing ordinances Paul, and you've been struggling to get these things on line and the things that are happening and your available staff, could you use some breathing space right now to get revamped and look at some of these issues and not have the pressure of people coming in the door all the time? If we gave you a moratorium of x weeks or months, would that give you some needed breathing room right now to really look at these issues and attack some of these issues we're concerned about? 28 City Council Meeting - nuary 11, 1993 Paul Krauss: Yeah, it certainly wouldn't hurt . I mean having more time to sit back and complete. If our only job was to push paper and bring permits to you, I mean it would be pretty straight forward. I mean the more interesting and more complex part of our job is to work with you on a vision for what the city should be and on planning. Fundamental planning. There's no question that we've known all along on Highway 5 that we're under the gun. We told the task force that when they were set up. That we're going to try and bring you along as quickly as possible but there are going to be things that you may be able to influence but not totally change. I think they were pleased when we explained the Target process to them and a little bit concerned when we showed them the Abra plan. But that was a limitation they were willing to accept. I don't want to dissuade you. You know if moratorium is the way you're going to go, I've worked in a community where we did that. I think it was done effectively. There were some outs built into the moratorium for some sites. For example, one important site I think to the city may well be the corner of Target which is part of that PWD and which had the standards that you spoke of already embodied in it. That's also in the corridor. So you may want to be able to exempt some sites if they meet some kind of criteria. There's a lot of things to think of so how you exactly define the corridor, how you handle that, what's the duration of this thing, it 's not as black and white an issue as it might seem. I mean it is one solution. It is effective but there's a lot that goes with a moratorium. Mayor Chmiel: Okay. Any other discussion? Go ahead. Councilman Wing: I'm only going to move tabling until the first meeting in February to allow some time to look at these issues and clarify where we're going. Especially with staff. I wouldn't want to act on a moratorium. I think it's too severe and I'm not sure that this isn't the choice we want and they haven't done the best job possible. Mayor Chmiel: Paul, do you have a question? Paul Krauss: If a moratorium ordinance is to be brought back, it would be reviewed I think directly by the City Council. It wouldn't necessarily, well I'm not sure. Would it have to go to the Planning Commission? Elliott Knetsch: No, it would come back to the Council, Paul Krauss: And for us to officially bring you an ordinance we have to publish it 14 days. 10 days? 14 days in advance. Elliott Knetsch: That's by your own rules of procedure. You can waive your own rules of procedure. Mayor Chmiel: I would just as soon not waive rules when it comes to doing things as such. I'd like everybody to know exactly what's happening. Elliott Knetsch: You would still provide, you know publish it and put it on the agenda and so forth so the public would be aware of what's going on. I'm just saying if it's a matter of missing by a day in applying to the rules, you could waive the day. 29 City Council Meeting - Ja ry 11, 1993 Paul Krauss: You would also have an obligation to define the corridor and then notify all the property owners who would be effected by the moratorium. So we'll sure try to bring it back to you by February. That 's February 8th? Mayor Chmiel: Maybe that's what we're looking at is tabling it for a 30 days Period with to do what? Councilwoman Oockendorf: To achieve what, yeah. Mayor Chmiel: To gather just what Paul had indicated. Paul Krauss: We could bring you a moratorium ordinance and some guidelines for how it might be effected. One of the questions I have though is, should Mr. Beisner be working to resolve. I mean is the direction that you're to give Mr. Beisner are the things that he could do that would resolve your concerns in the short term? Councilman Mason: I think Councilman Wing has stated his distaste for concrete block. That might be one thing to look at. But on the other hand, why should they spend any more time on it if we're examining this? Again, I'm finding myself in kind of an unusual position here tonight. Are we, by looking at a moratorium, is this kind of de post facto? I mean why, and I'm not saying we shouldn't do it. I'm just saying this has all been done in good faith with everyone concerned and we accuse developers and the like of not acting in good faith. Are we doing that now? I think that's something, I'm not making a judgment_ I think that's something we need to look at. Councilman Senn: But this is the first time we've seen it and we're the only body to consider this type of an action, isn't that true? Mayor Chmiel: True. Councilman Wing: Well the Planning Commission has by their comments, every one of them, said we don't like it. They said, we're uncomfortable. Let 's get rid of it and give it to the Council. So here it is. Mayor Chmiel: Get 5 more votes. Councilman Wing: But I agree with Mike. I'm not supporting a moratorium. I don't a moratorium is necessarily the way to go but I think we have to decide what we expect out of this. On the other hand, Mike also pointed out that they have complied with the existing ordinances and exceeded those limits. Sharmin has wrung blood out of turnips if you want. I mean both sides have worked hard to do everything possible to make this go. We can add brick to it. I mean I don't think we ought to have block in our gateway to the city but that's a standard that's simply got to be met head on. Councilman Mason: I hope it's vote time here pretty soon on this to tell you the truth. I'm okay with tabling this but I'd really, I'm not going to take a moratorium lightly because there's just too much going on in this city right now_ Paul's mentioned Target . Paul's mentioned that area. That's something that would really, I'm not saying I'm against it but I certainly think that that would really need to be looked at very carefully. 30 City Council Meeting - . nuary 11, 1993 Councilwoman Dockendorf: And I'm not sure what we could accomplish. Say we put a moratorium for the next 6 months, what's our plan for that 6 months? The task force certainly already has a full slate. Paul Krauss: There are some of these sites that are going to be problematic. I mean there's the second and third site here. There is what is in front of Data Serv. There's the site adjacent to the Press. Once you move out of that, everything that's going to be done either requires a rezoning that gives you a lot of latitude, or is in a TIF district which gives you a lot of latitude. That's one of the, I mean really the zoning is only one of the tools the city tas in the arsenol. Unfortunately it's the only one we have here really. I don't want to tell you that without a moratorium everything will turn out just hunky dory. You do have those 5 or 6 sites where you're going to be posed with similar problems if somebody brings in a proposal. But for the balance of the area, you can bring pretty much all the tools to bear that you did with Target . Mayor Chmiel: Yeah, and I think I'll entertain one more and I think we'll call the question after that because I think we're just grinding here and coming to no conclusion. Councilman Senn: Yeah. I think we're grinding too and I think part of it is because we don't have a good feel for what the moratorium and stuff would mean. So I guess what I would like to move is that we direct, that we table this for 30 days and that we direct staff to come back in 30 days with a proposed ordinance on moratorium. That's the only way we're going to get our hands on it_ Touch it. Feel it. Know what it means. Staff can provide the ' professional expertise to doing that and at that point we can decide which way we move from that point. It may not be to go ahead with the moratorium but at least at that point we know what we're, I guess talking about. Mayor Chmiel: Yeah. At the same time should we also, in that aspect have our attorney go through and look at that moratorium with some draft findings? Councilman Senn: That would make sense, yes. Councilman Wing: Now was that a motion? Did you make a motion? Councilman Senn: Yes, I did make a motion. Councilman Wing: I would second it just for discussion. Because the moratorium I still don't feel comfortable with and I don't support. Councilman Senn: Dick, don't get me wrong. I'm not suggesting a moratorium. Councilman Wing: Well I know. First of all we're tabling this for 30 days. I still don't think it effects Goodyear. They have a proposal on the table that seems reasonable. It's gone beyond the norm. I think we almost have to act on that. But then this moratorium is going to effect the lot next to it and the lot next to that one and subsequent things coming in so I don't think we're going to see them slipping through the crack here quite as easily and we'll get an ordinance on line fast with landscaping that meets the Target standards. Why are we going to delay it 30 days? We can't change the land use and what they've done with Goodyear. I think this, your motion I can go along with but I still 31 City Council Meeting - Jan y 11, 1993 think we have to address Goodyear tonight and make a decision on denying it or not denying it. Councilman Senn: Well Dick my motion was to delay it 30 days for the reason that, okay here's the reason now. The reason that , at that point we can decide whether this property should or should not be included in a moratorium. But until we define the moratorium, I don't think that's fair to make that judgment. Nor is it fair to treat this property I think any differently at this point than we're going to look at surrounding ones. Councilman Wing: Except this land use is established and it is meeting ordinance. Mayor Chmiel: Yes. And it's of those standards but nonetheless you can still table it for those 30 days. Councilman Wing: Well, I can go with the 30 days tabling. Mayor Chmiel: And to come along. My understanding of your motion, restate that motion as such. Councilman Senn: The motoin is that we table this item for 30 days and in that time period staff and City Attorney come back with a draft or proposed moratorium ordinance for consideration and with all the definitions. Mayor Chmiel: With the findings? Councilman Senn: With the findings and definitions that we need. Mayor Chmiel: Good. And you seconded it. Paul Krauss: If I could clarify that. Should this be an ordinance that we get together, publish it and do everything else so that if you wanted to, you could take action on it that evening? Or did you just want to review it. Councilman Senn: If that 's possible, that'd be nice to have as an option. Mayor Chmiel: If it's possible. I don't know how you could do it but. Councilman Senn: That's something you have to answer maybe more than us. Paul Krauss: Well part of what you would have to do in creating the ordinance is establish the corridor. Establish what it covers and I guess it 's difficult to notify people if we don't know exactly what it is. Councilman Senn: Co we have time to wait? I mean do we have time if we wait 30 days, come back, get our hands on an ordinance and then do we have time then to turn around and do that publication? Paul Krauss: Then you're looking at probably another 15-20-25 days beyond that. So I guess we'd like to shoot for it. If we take a shot at defining a corridor and notifying people, you can make it smaller at that point but you can't expand it without going through a re-notification. 32 City Council Meeting - -wary 11, 1993 Councilman Wing: Can you make sure that an update is on the next agenda. Mayor Chmiel: I'm going to call a question. Councilman Senn moved, Councilman Wing seconded to table action on the Goodyear Tire Facility for 30 days and direct staff to come back with a proposed draft ordinance on a moratorium and findings. All voted in favor, except Councilman Mason who opposed, and the motion carried with a vote of 4 to 1. CONCEPT PLAN APPROVAL, GATEWAY BUSINESS CENTER. SOUTHEAST CORNER OF TH 5 AND TH 41. OPUS CORPORATION. Public Present: Name Address Michele Foster Opus Corporation John Uban Dahlgren, Shardlow & Uban Paul & Carol Paulson 3160 West 82nd Street Henry Wrase Chaska Rick Wrase Chanhassen Peter Olin Minnesota Landscape Arboretum Jim Andrews Park and Recreation Commission Larry Schroers Park and Recreation Commission Jan Lash Park and Recreation Commission Harry Adams 115 West 82nd Street t Kate Aanenson: Opus Corporation is requesting PUD conceptual approval of 170 i acres of property. This proposal includes 22 lots with approximately 950,000 square feet of building. The buildings would be an office/industrial mix. This proposal also calls for some support or ancillary commercial included in the project. Lot 1, which is this lot right here, is being shown as being held out for future development . This property is zoned A-2 but the Comp Plan guides it for office/industrial type uses. This item appeared before the Planning Commission twice. First in October and then in November and the Planning Commission discussed it at length. They had numerous concerns with the project. I think what we're trying again is the Highway 5 in a conceptual envision of this development and where we're going with that. We have shook out a few issues I believe. Paul Paulson's property here and the Wrase's property there were both shown as exceptions. We're hoping now that they can be included and it appears that they may, are working towards being included into the development project itself. One of the other issues is the park dedication. This project does not reflect what the Park and Recreation Commission, their recommendation. They are showing two lots. Lot 17 and 18, which would be these two lots right here, as open space. These lots also include the more significantly wooded area and the wetlands, both of which would be required to be preserved under the PUD anyway. So what the Park and Recreation Commission is looking for is more of a community park and that acreage does not meet their needs. They're looking at something separate from that. At the time of the Planning Commission, there were 4 proposals. It got tabled the first time. The Planning Commission asked that they come back and show some alternatives for that Lot 1. There was a great discomfort in what the possibility of that would be. So they came back with 4 proposals. Those being office institutional, 33 City Council Meeting - c'ebruary 8, 1993 Councilman Wing: I think this needs to be in a workshop and I think it needs to be addressed aggressively and more intellectually with a lot more time on this Council's part but until then I'm going to stand by my motion to deny the Interim Ordinance for development of the Highway 5 corridor. With all due respect to Mr. Senn's concerns. Mayor Chmiel: Is there a second? Councilman Mason: Second. Councilman Wing moved, Councilman Mason seconded to deny the Interim Ordinance Temporarily Prohibiting Development in the Highway 5 Corridor. All voted in favor except Councilman Senn who opposed and the motion carried with a vote of 4 to 1_ Mayor Chmiel: Thank you for coming this evening. Appreciate your input and we'll take about a 5 minute recess. GOODYEAR TIRE, LOCATED SOUTH OF HIGHWAY 5. NORTH OF LAKE DRIVE EAST, AND EAST OF THE CHANHASSEN EMISSION CONTROL STATION: ) 1? A_ REPLAT OF LOT 2. BLOCK 1, CHAN HAVEN PLAZA 3RD ADDITION INTO 3 LOTS. B. CONDITIONAL USE PERMIT TO LOCATE AN AUTO SERVICE-RELATED USE IN THE BH, 7 �< <' BUSINESS HIGHWAY DISTRICT. )'—' C. SITE PLAN REVIEW FOR A 5,397 SQUARE FOOT GOODYEAR TIRE BUILDING. Public Present: Name Address Jim Larkin Larkin, Hoffman Al Beisner Maple Grove Neil Hartman 1841 Center Orive, Centerville, IL Vernelle Clayton Chanhassen James Benson Abra Herb Mason 1589 Highway 7, Hopkins Thomas Thompson 1011 Butte Court J. Harding 530 West 79th Street Tom Kotsonas 8001 Cheyenne Avenue Sharmin Al-Jaff: Approximately a month ago you reviewed the subdivision, site plan and conditional use permit request for the development of a Goodyear auto service facility. Tabled action on the proposal as architectural and site design issues surfaced. Staff was directed to investigate the possibility of a moratorium along Highway 5. The applicant was directed to revise the plans by providing additional landscaping along the south portion of Lot 1, and change the exterior finish from block concrete to brick. The applicant has not submitted the requested changes. However, staff changed the conditions of approval for the site plan review to reflect your recommendations from last month in conditions 10, 11 and 12. The additional landscaping is reflected as well as changing the exterior materials to brick is also reflected. There were some additional concerns such as noise level. We changed the conditions of the conditional use permit as you had requested and with that we are recommending 23 ' City Council Meeting - Febru. 8, 1993 approval of this application. Thank you. Mayor Chmiel: Thank you. Is the applicant here? Jim Larkin: I'm Jim Larkin and I'm representing the owner of the property, the Mason family and asking that the Council vote approval of the conditional use permit without requiring the two conditions which have been added since the last meeting. That is the brick and the additional landscaping. Mr. Beisner, the developer who has spent over 10 months trying to work with the city and it's staff and has made significant and multiple designing changes over that period of time in order to meet the requests of a variety of constituencies, will speak to what he has done and show you what are the latest drawings and we ask you that you consider them for what they are and not for a particular type of material that is being used. I would note to you that if you look at the Target store which is presently under construction, the exterior material on the Beisner project, or excuse me, the Goodyear and Abra project are as good or better than that material. If you look at the buildings immediately to the north on Highway 5, which would be where a driver coming into the city would logically look first , they are of material that is no better than and probably less than that will be proposed. The result of continually changing the requirements is to impose what eventually becomes an uneconomic burden or such a strong economic burden on the development that it can no longer go forward because who pays for commercial developments ultimately are the members of the public whose prices are raised. These two developments between them will create some 10 to 20 jobs per unit , or at least based on the information that has been made available to me, 25 jobs at a time when the economy is not creating a great number of jobs. So given all of those factors, I would ask that you listen to Mr. Beisner as he goes through what he has done and shows to you the current views of the property as it would appear upon completion. Thank you for your attention. Al Beisner: I'm Al Beisner, the developer. I'm the one that caused all the commotion before and we are here basically again with probably not a change in our design from last time. Not a change in the placement from last time. But this time with some more answers to some of the questions that we may or may not have been aware of back when it was presented at the earlier meeting. Some of the considerations that I want you to know and what we've done in this process. Basically we start out , and we started this project about 10 months ago and we did go to the City. We located the site. We found that the original site that we wanted to build a Goodyear store on was not properly zoned, We went to staff_ Went to the City and they directed us to the location where we are currently proposing these developments. We submitted all of the information necessary to staff in September and at their request we did virtually everything that was in the requirements for a conditional use and a BH zone. In fact we went further. We put in twice the landscaping that was required and throughout the last 4 or 5, 6 months, we have made no less than 8 changes to the Abra store and 3 or 4 changes to the Goodyear store. When I talked earlier about levers that you have, you have some of those levers and we went above and beyond. We have spent almost 2 1/2 times as much on architecture to get to this point than we had originally proposed. Just making all the changes that were requested. We followed, so that this was not a rush job to get through here, we followed a very slow procedural process here. The first meeting that we were to attend was October 21st. That was a Planning Commission meeting. The Planning Commission meeting was cancelled because there was a lack of a quorum. The next Planning 24 City Council Meeting - February 8, 1993 Commission meeting was November 4th. That meeting was cancelled because staff failed to give proper legal notice to the residents. On November 18th we went to the next Planning Commission. That Planning Commission meeting was, or the item was tabled. At all three of those meetings the staff had recommended the plans we had. The fourth Planning Commission meeting occurred on December 2nd and the staff recommended our project and at that meeting it was approved unanimously. On December 14th we were to have the first City Council meeting. We showed up at the first City, or we were on the agenda for the first City Council meeting and then staff pulled us off the agenda because staff didn't like the design at that time. We were rescheduled for the January 11th meeting which was last month and that 's when we decided we'd go through the moratorium business. And so we're back here now in February and we have been patient and have done I think as much as we could within the requirements of the conditional use permit and the BH highway zone. A couple of things that you should be aware of that we go through. When I got into the process early on in the game, it's important that I number one arrange financing. It's important number 2 that I have a lease signed. For prior to signing a lease with Goodyear we have to have the project costed out , as Goodyear will sign a lease based upon a multiple of what the costs are and Goodyear does approve the costs and Goodyear, and a representative from Goodyear is here this evening, if you care to ask him any questions. But Goodyear has built many of these and they know what their costs are. They are like many of the other large major retail corporations. They know the economics of the area by the demographics of the area. They know that they can afford to pay so much in rent in this location because they feel this is what the business will be. anything more than that might not be economically viable for the operator and for Goodyear. A lot of the businesses that you see vacant back and forth on the strip here between here and 494 that are vacant , don't look very good when they're vacant. They went out of business because they couldn't handle it . Their projections were wrong. In the Goodyear store, with the design that we had with the split faced block, the economics are so that we think the business can make it and we think that that is more important , or I shouldn't say more important but that is a very, very important consideration when you go forth with any venture. The last thing I think you want is to have us build a building that looks good on the outside. Have Goodyear sign a lease. Have the operator come in and can't make the lease payments because the business is not there. He folds up. Closes the door. It 's vacant . Even though Goodyear's still paying the rent , it 's a vacant building and so there's more that goes into the whole process and let 's just have some cost here and cost there. We may not have been here today if in fact back in July that brick on a building would have been a requirement . We would have said Neil, this is how much more cost for brick on the building. This is how much more your rent is going to be, and he would have said, we probably can't afford it or would have cut down the size. He also went through his process to get this lease approved in Akron, Ohio and that was no small feat either because we've just recently received the final signed leases back, and that took about 4 months. So it 's all a very slow process. I guess I wanted to show you that so you don't think we come in here and can slap up a building here or there, whatever. A couple of things I wanted to address about uses and why I think this building is good for this location. Number one, there's an emission control building there. Theoretically, x number of cars have to go through that emission control building every year, every month, whatever to be inspected. If there's something wrong with the emission control or with the car that goes to the emission control building, they need to have it fixed. You can have them 25 City Council Meeting o February 8, 1993 drive right next door 50 feet and have it fixed, or you can have them drive 2 miles through town to the other end of town to have it fixed. What you're doing is just creating more traffic. I think when you talk about a land use that we had talked about previously, this is a good use for the property and we think that having a Goodyear there and hopefully having the Abra right next to it, will concentrate all of those uses together. I was also a little concerned about some of the comments that were made about the gateway and I'm still uncertain where the gateway is because from the west it's Target and from the east, I would have thought the gateway was down there, I think it's on Dell Road. I understand there's going to be a bus garage there or, that 's not the gateway? People have told me there are different gateways and I wasn't sure and these buildings that we are proposing and the Goodyear building tonight , I think is as good a looking building as you will find on all of Highway 5. I'm not particularly pleased with the looks of the emission control building. To me it looks, and I know it 's been well liked here I guess, I'm sorry, but it looks more like a smaller Menards to me than it does you know a good building. There are things wrong with the McDonald's. For one their parapets don't go up high enough to cover their rooftop HVAC units. I can see the green. That's not good. A couple things that we have done with that in the Goodyear building I'd like to walk you through. Is we first recessed the building, we've recessed the building. We moved the building further away from Highway 5 because we thought that Highway 5 was a sensitive area. We were told that and so we moved it as far away from Highway 5 as we possibly could. We've also on both buildings, to show you the detail we put into this. We staggered the buildings. We don't have a straight building. We don't have a straight face there. One building is staggered behind the other one. We do not have the doors facing, on the Goodyear building, there are 4 doors on each side. They aren't facing the freeway. They're facing Abra and they're facing the emission control. Something else that you can't see here but if you walk the property, you'll be able to see_ This site is about 5 feet lower than the emission control site. I don't know why it was engineered as such but this is higher, our elevation is 5 feet lower. So virtually from the west we will be almost , I shouldn't say it in front of Neil, the Goodyear guy, but we might be invisible because of the emission control blocking the view of this building. We basically, as I mentioned, spent twice as much on landscaping in this location as your ordinance requires. We did that because we think it looks better and we did it because we have underground sprinklers in the green area and we think that will make for good looking green area all the way around. This is a bird's eye view from Highway 5, if you will. We have a 3 1/2 to 4 foot berm that surrounds, or is on the north border of the site. Over on this side we virtually have a 5 foot drop so we aren't visible. The parking lot will not be seen from Highway 5 in this design unlike the emission control and unlike the McOonald's and unlike many of the others. Those are the details that we have gone to on the site plan. On our building plan. This is a colored rendering. The ones that you have, we have two more gables in here to break up even further that roof line. We've introduced this blue element to break up the one color sameness of the entire building. Keep in mind too that this building is only 5,200 square feet where Target 's 118,000 square feet . I mean this building is probably maybe smaller than many of your homes and the end facing the freeway is only 52 feet across. People are rich out in Chanhassen aren't they? There's the two gables here. And this we changed again because staff wanted to break up that roof line but you're only looking at 100 feet along here and you're only looking at 52 feet along here and that 's not a very big building. It 's not significant . If we 26 City Council Meeting - February 8, 1993 were 3 or 4 stories, or 6 stories, or in the middle of an intersection, there'd be something. I brought along samples. This is a split faced block that we've used and there are probably 30, 40 different kinds of architectural block that you can use. This is one of the architectural blocks that we plan on using. Something else, and I was going to run a quiz. This is what we all think is brick, and this is brick. But , and it 's a gamble that I was going to take but I decided not to. The block on the bottom, that 's brick. Believe it or not , that's brick. They've come out now with what they call an atlas brick. It 's the same size as a concrete block and they're using that , the contractor Ox, down the road distributes this and sells this. There are only 3 or 4 choices of that but we in the architectural group thought that a solid faced of that kind of brick is just one flat solid sheet wall that doesn't have any interest to it and really is not in good architectural taste. I wanted to, I have a comment here. I have a quote here that I have to get in and it 's basically, this is what Frank Lloyd Wright , who we all know was a wonderful architect , says about architecture and building materials. I quote, "It 's not what the basic material is as to whether or not it 's good or bad, it 's how you use it . " And we can build a brick building that looks bad and we can build an architectural scored block building that looks great . We plan on doing that . We hope to do that and I think it will be a building you'll be proud of. I don't know if many of you are familiar with Summit Avenue area and Crocus Hill, but I've done some work in that area and Crocus Hill, Summit Avenue area in St . Paul has the largest concentration of Victorian homes in the United States and they are architecturally sensitive to everything that goes on over in the Crocus Hill area. Several years ago they got together, there were some homes being built in the area when the old ones were torn down. The new ones were put up, that didn't adhere to their "Victorian standards". They have about a 28 page standard book that if you are going to build a home in that area again, you have to adhere to all 28 pages of directives and they get down to material type. They get down to arches and peaks and whatever. They do the whole thing. About 5th and Summit Avenue, an architect and a public relations person built a duplex. They met with the architectural control committee and they did everything that there was in that 28 page ordinance, and then what they did is they painted it Purple and it 's still there and you can go see it . It met everything architectural there is to do and I was aghast by it and I go by it about once a year to show you that you can impose some things. If it 's not done in good taste. . .from the beginning, it 's not ever going to be done right . There is nothing that the Summit Hill and Crocus Hill area people and architectural control committee could do. We aren't planning on painting this purple. We want it to be in good taste. Good quality. . .show you that we all aren't as bad of developers as some people think. We're trying to do some business in South St . Paul and I wrote and asked for some information and this was an unsolicited letter back from the City Administrator. So in talking about us doing a quality development and quality building, we mean it . . . Sorry we weren't aware of brick before. We weren't aware of a lot of things that we found out later and we've been patient and I think that staff will tell you that we've worked as hard as we could and be as nice each of us could to each other under the circumstance. I'm here for questions. Councilman mason: Al, one real quick one. Now this color that we see now is an accurate reflection of what you have? Al Seisner: Yes. It 's sort of like that with the Goodyear. . . 27 City Council Meeting - Feb .ry 8, 1993 Mayor Chmiel: Any other questions? Thank you. Is there anyone else wishing to address this? Please come forward and state your name and your address please. Tom Kotsonas: Tom Kotsonas, Chanhassen Estates. Very quickly. The building may be architecturally fantastic but I think it 's very important to keep in mind that if Goodyear goes in, Abra goes in, there's another lot that could be Champion Auto. It could be Rossi Auto. It could be whatever. I mean how do you say no to the last one that goes in there? We have an emission station. We have McDonald's that , excuse me. I'm a little emotional but was shoved down our throat and as he said, architecturally is an eyesore on that corner. It 's got a wall that 's falling in. We have a Sinclair gas station next to it . You go up the highway. We have an auto something with boats stored outside that you look at from going along the highway. You have the Rapid Oil we've talked about . We've got the Brown Standard. Go around the metro area and you find me a site in the metro area that has this many, this concentrated type of activity and look at the neighborhood around it. The neighborhood that 's there now is a fine neighborhood. It 's an older neighborhood. I'm also a 20 year plus taxpayer in Chanhassen and I have, and so do my neighbors, have as much right to our protection as a developer who doesn't live here, None of these people live here. They're going to develop and they're going to be gone. Thank you. Mayor Chmiel: Thank you. Is there anyone else? If seeing none, I'll bring it back to Council. Councilman Wing: Could I just ask that we start , I asked Sharmin to draw up a sketch of a possible option here that I'd just like to show the Council just for information. And I guess this was prompted by Bill Morrish stating that maybe it 's desireable to kind of keep parking off the road and keep the greenway spaces as wide as we can and I just suggested that if we moved the building north, kept the greenway and kept the parking off of Highway 5, and moved the trash bins to elsewhere on the property, and I don't know how this turned out or what Council thinks about this but this is just a suggestion I had. And by the way, I want to just, Mr. Beisner's been a very, a real quality gentleman and I told him. I called him to comment on my suggestion here that I wanted to bring this up tonight but I wanted to point out that we don't get to see this until now and then it 's dumped on us and it 's really awkward. You know last time we were really stunned by it and the neighborhood's concern about land use and you know it 's kind of done and so then all of a sudden you get confronted by the Council that is really looking at this for the first time and I can't apologize for that. It 's the system but at any rate, Sharmin can you go on with what we had talked about . ; Just for Council's information. Sharmin Al-Jaff: With this design the building is pushed to the north. You get a 50 foot depth of green space versus the 35 that was there before. The parking was moved to the south. They're losing one parking space but still exceeds the ordinance requirements. Again, it pushes the parking away from Highway 5 to the south and we get additional green space. Councilwoman Dockendorf: With the berms that are currently proposed in front on Highway S. Will we really see the parking? Driving along or is the berm going to be high enough where if it stays where it currently is platted? 28 City Council Meeting - February 8, 1993 Sharmin Al-Jaff: It should be high enough to where you won't be able to. Councilwoman Dockendorf: So we're pushing the building further back and. Sharmin Al-Jaff: We're bringing the building closer. Councilwoman Dockendorf: Right . My concern is if we can keep the building back off the highway and not see the parking. Al Beisner: One of the other concerns too, and these are all sorts of great suggestions and some of the suggestions. . .so there's three sides I think to everything in here that we looked at . You will not be able to see the parking lot. If you look closely, these little things here are cars. . .and that 's what you should. . .you can see the tops of them. If they are small foreign cars, you won't see the tops of them and that 's from the freeway. . .The berm is 3 1/2 to 4 feet. Mayor Chmiel: We know what the topography is on the highway as opposed to the proposed construction site? Paul Krauss: Well we do know what the elevation of the highway is. We've got the as-built drawings. Mayor Chmiel: Looking at a sight line is what I'm saying. Sitting in a position of a vehicle. Paul Krauss: We have not verified it from that standpoint . What you'd want to do is pick a point on the highway and then go 4 feet above it because that 's where the driver's eyes typically are. Al Beisner: The freeway is 935 according to this drawing. Mayor Chmiel: 935? What 's your contour on the site? Councilman Senn: 935. It drops down to the drainage ditch. Councilman Mason: How would moving the building effect the neighborhood behind it? Paul Krauss: I understand it 's a sensitive issue for the neighborhood but I really don't think it effects it one iota. I mean you've still got an intervening site that 's going to have a building on it at some point . Mayor Chmiel: Some type of building is going to be located on the vacant lot . Councilman Wing: What are you going to do with that one, just out of curiosity? That could be another automotive center under the present ordinance right? Paul Krauss: It 's very likely. That is one of the allowed uses there. Not to play devil's advocate but also one of the allowed uses is another fast food restaurant . Now I think this is really casting the die where they don't have enough parking to do anything like that so you're talking about a lower intensity type of use. It doesn't , I understand it doesn't make the neighbors 29 City Council Meeting - February 8, 1993 feel any better to know that it could be worst if that's the perspective. But I'm hoping that enough is gleaned from the direction of the Council here that before they come in with that third building, we will have more information to tell them that do it this way and we can give you better assurance of it 's smooth passage through the Planning Commission and Council. Councilman Wing: How about to the east? Same situation. Paul Krauss: Well east is the Abra building. Councilman Wing: Okay, after Abra. Paul Krauss: There is nothing left. Then you go over to the IOP property. The DataSery property. Councilman Wing: So this is the specific area the neighborhood's going to be effected with? Paul Krauss: This is the end of that commercial use, yes. Al Beisner: One other thing that I found out in doing a Goodyear store as opposed to others. Goodyear, because they are basically very, very full service, will probably eliminate from use the competition of a Midas Muffler, Meinke this or those kinds of uses because Goodyear does do all of those. And once you have Goodyear in a situation, the others probably won't come in. There are a couple that are complimentary but there will be less of an option for any servicing going on in a third site is Goodyear is there because they are so full service. If we don't do a Goodyear there and do a Meinke Muffler, then there's a be'-- - chance that there would be another servicing kind of thing being there. Right we have no plans for anything on the other site, and as I mentioned last tire. At one point in time, yes. Rossi Big Wheel, we were in contact . We've also had a contact as of late with a dentist in town who's thinking about maybe building a little clinic there. We also had a conversation that Sharmin sent out way from the Dance studio. They wanted to put a dance studio there. It 's hard to project right now. We have nothing that we're thinking about beyond these two sites. Mayor Chmiel: Any other discussion? Councilman mason: So real quickly, what 's the benefit to the city to moving the building? Paul Krauss: Well, if I could touch on that . One of the proposals in the Morrish program is that highways, frontage roads, parking lots, when they're done in the typical sense, it will take you about a quarter mile wide blacktop strip. And Bill wasn't the first guy to come up with this. There's been articles, a famous one, Jonathan Barnett . And one of the things that he proposed is that you seek to do the opposite. That you focus development on roads such as Lake Drive, you know that run parallel to Highway with a remote location. And that you seek to put as much unencumbered green space, ideally landscaped green space between the highway and the use and that you put the building up close and bury the most obnoxious, the more high intensity aspects of the site away from the frontage. So that 's basically what you're striving to 30 City Council Meeting - February 8, 1993 do if you push the building up closer and it 's a trade-off. The building is closer and assuming it 's not an unattractive building, it 's not a very big building, it 's still going to be set back 50 feet from the property line and it 's more than that from the traveled right-of-way because it has a ditch section through there. But the green space, the area of green space is widened out by an additional 15 feet . Al Beisner: To move the Goodyear building forward, and had we done that 8 months ago, it would not have been a problem. Not too big a problem. Right now we've engineered the site for where it is right now. We've taken soil tests for the site for where it is right now. We've done all the architecture for the site for where it is right now. We find out two things. Number one, if we do move the building, we have to pay more for re-architecture. Re-engineer and new soil tests, and that 's only another $15,000.00-$17,000.00 that we can add to the cost. I mean it doesn't seem like it , plus the front of the freeway, as you go further north on the site, our soil tests are worse, which we didn't know until we actually took them but it will substantially, you know cost more. Mayor Chmiel: Do we have soil borings on this site Paul? Paul Krauss: No. Mr. Beisner I'm sure could provide us with it . We haven't seen it. Al Beisner: The worst spot that we have is right here. And it gets, as it goes this way it gets better and that was just dumb luck because. . .so that 's an extra . cost for soil correction there. . . Mayor Chmiel: Any other discussion? Hearing none, I would entertain a motion. Councilman Mason: I think we've got to move on it . It seems to me with this being a conditional use permit , they've done everything they need to do. I understand the concern about raising the cost . However, I certainly think the city would gain quite a bit by moving the location of the building. So with, boy I'm going to need some help getting through this one I think. I would move approval of the conditional use permit with the caveat , or I guess it would be number 9, and it sounds like it would probably entail some further discussions with the city about moving the location of the building to create more green space. Mayor Chmiel: Could I just back up one? Could we go back up to item (a), replat Lot 2, Block 1 and get that . Councilman Mason: Oh, I'm sorry. Mayor Chmiel: Then move into the conditional use. Councilman Mason: Alright , yeah. I'm sorry. I'd like to cross whatever I said and move to replat Lot 2, Block 1 of Chan Haven Plaza 3rd Addition into 3 lots. Roger Knutson: Is that subject to the conditions set forth in the report that you have? Councilman Mason: Yes. 31 City Council Meeting - Febr• iry 8, 1993 Mayor Chmiel: Thank you for clarification. Is there a second? Councilwoman Dockendorf: Which? But what conditions? Roger Knutson: You have them in your packet , under Subdivision. The list of conditions. Councilwoman Dockendorf: Okay. Mayor Chmiel: They aren't in sequence. They're a little out of sequence but the subdivision is with the approval of Subdivision #90-17. Councilman Wing: I'll second that . Mayor Chmiel: Any other discussion? Councilman Mason moved, Councilman Wing seconded to approve the preliminary plat for Subdivision 190-17 for Chan Haven Plaza 4th Addition as shown on the plat dated September 21, 1992, with the following conditions: 1. Park and trail dedication fees to be assessed at the time building permits are requested. 2_ Provide the following easements: a. A standard 5-foot wide drainage and utility easement shall be dedicated along the common lot line between Lots 1 and 2, Block 1. b. Drainage easement located over the drainage pond. c. A drainage and utility easement along the easterly 20 feet of Lot 3, Block 1. 3. Enter into a development agreement acceptable to the city. 4. A driveway or cross-access easement for use of the existing and proposed street shall be dedicated in favor of Lots 1, 2 and 3, Block 1. The easement agreement shall be drafted and filed concurrently with a private maintenance agreement acceptable to the City. S. The developer shall obtain and comply with all necessary permits from the Watershed District , Health Department , etc. 6. If construction of public improvements proceed beyond freeze-up, special modifications to construction practices shall be incorporated as directed by the City Engineer, i.e. full depth select granular material for trench backfill, etc. 7. The developer shall construct the sanitary sewer and watermain improvements in accordance with the latest edition of the City's Standard Specification and Detail Plates and submit final plans and specifications for formal City approval. 32 City Council Meeting "ebruary 8, 1993 8. Outlot A shall be included with the replatting of Chan Haven Plaza 4th Addition. The outlot shall be replatted/combined with Lot 3, Block 1. 9. The developer shall revise the detention pond to accommodate 0.95 acre/ feet of runoff below the 927.0' contour line. 10. Erosion control measures (silt fence-Type I) shall be shown on the grading plan. Type I silt fence shall be installed along the north, east and southeasterly perimeters of the plat . 11. The applicant shall reimburse the city for all engineering consultant fees associated with the storm water study. 12. Compliance with conditions of approval for Site Plan Review #92-3 and Conditional Use Permit #92-2. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the allowed use has not been completed or the use commenced, this permit shall lapse. 6. Criminal Penalty. Both the owner and any occupant of the subject property are responsible for compliance with this conditional use permit . Violation of the terms of this conditional use permit is a criminal misdemeanor. All voted in favor and the motion carried unanimously. Mayor Chmiel: Second item would be conditional use permit to locate an auto service related use in the BH, Business Highway district . Councilman Wing: I guess we've decided that . I'll so move. Mayor Chmiel: It 's been moved and seconded. With conditions as indicated within staff report? Councilman Wing: Mr. Mayor, would we want to, there was concern about banners. Temporary signage. Flags. Exterior tire displays and I believe this would go under the conditional use permit . I would add an addition here that there be no banner, exterior banners, temporary signage, flags, or exterior tire displays. And a second one of, I think this is the recommendation of Council, of hours of not earlier than 7:00 and not later than 7:00. Hours of 7:00 to 7:00. Mayor Chmiel: 7:00 a.m. to 7:00 p.m. Councilman Wing: 7:00 a.m. to 7:00 p.m. Councilman Mason: Do we have a second on that yet? Mayor Chmiel: No, not yet . Councilman Mason: I'll second it . 33 City Council Meeting - F uary 8, 1993 Councilman Wing moved, Councilman Mason seconded to approve Conditional Use Permit #92-2 as follows: 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Auto Service Facility_ 2_ Property. The permit is for the following described property ( "subject property") in the City of Chanhassen, Carver County, Minnesota: Lot 1, Block 1, Chan Haven Plaza 3rd Addition. 3_ Conditions. The permit is issued subject to the following conditions: 1. No public address systems are permitted. 2. No outdoor repairs to be performed or gas sold at the site, 3. No parking or stacking is allowed in fire lanes, drive aisles, access drives or public right-of-way. 4. No damaged or inoperable vehicles shall be stored overnight on the Goodyear site. 5. No outdoor storage shall be permitted at the Goodyear site. 6. Noise level shall not exceed OSHA requirements or Minnesota Pollution Control Agency guidelines at the property line. Doors will be kept closed or no more than a 12" opening. 7. Pollution level shall meet standards set by the Minnesota Pollution Control Agency, B. Compliance with conditions of approval for Site Plan Review #92-3 and Subdivision #90-17. 9. There shall be no exterior banners, temporary signage, flags, or exterior tire displays. 10. Hours of operation shall be between 7:00 a.m. and 7:00 p.m. All voted in favor and the notion carried unanimously. Mayor Chmiel: Item (c) , the Site Plan Review for 5,397 square foot Goodyear Tire building. And that would be Site Plan Review #92-3 and conditions 1 thru 13 and there's been some objections about item 12. Councilman Wing: 12 I support. I like the store in Eden Prairie and I don't think we should step below that with the brick so, and as far as moving the store. I'd like to see that left to Council. I don't want to be impulsive on that. It didn't go through the Planning Commission process and suddenly here we are tonight making a major change. I want to make sure that 's fair and in the right order and I don't want to see that passed over too rapidly. It's my only opportunity to bring that forth and it 's somewhat impulsive to both the 34 City Council Meeting - February 8, 1993 developer and us I think. I think it's a good idea. It seems to have met with staff's approval. There's some advantages to the setback. There's some advantages to having it up front and I want to make sure that 's clarified. Councilman Senn: Did the Planning Commission consider that? Mayor Chmiel: I don't believe that was a part of their recommendation. Councilman Wing: No, and that 's my frustration because unless I address them, which I choose not to do normally, it doesn't get brought up until it gets here and then it 's, the process gets difficult . Councilman Senn: Should they? Should it go back to them? Councilman Wing: I'm not going to send Mr. Beisner back. Councilman Senn: I'm just asking you. You're the one raising the question. Councilman Wing: I suggested that based on Mr. Morrish's comments, that he has been working with the city on, that there was some credibility to expanding the green space. Doing away with the trash bins on that north side, which by moving it up the trash bins would have to be moved to the side. Getting that element off of Highway 5. That 's all. I mean this is a start in the right direction. Mayor Chmiel: I would probably support that. The question that I have in compliance with that requirement , as their counsel indicated, is that can we substantiate that portion of it . Roger Knutson: It seems like a, it 's within your discretion to impose that sort of condition on a conditional use permit . You design the site to a better, more compatible with the area and is more aesthetically pleasing. But if you want to impose that , you should impose that as part of the conditional use permit and I don't think you should leave it to staff to decide whether it's further out . That 's something you really have to decide. Mayor Chmiel: Right . Strictly up to Council. Bring it back to the Conditional Use Permit, that would make that item 12 into item number 9? Is that correct? Roger Knutson: You have 10 conditions down now? Mayor Chmiel: On the conditional use you have 8 requirements. Roger Knutson: But conditions were added. Hours of 7:00 to 7:00 and no exterior flags, tires, etc. Mayor Chmiel: No banners, temporary signage, flags or tire displays, and operation from 7:00 to 7:00. Roger Knutson: Right. And this would be number 11. Mayor Chmiel: 10 and 11. 9, 10 and 11. Okay. Alright , but that should fall back under the conditional use which we already had voted upon. 35 City Council Meeting - FeF ary 8, 1993 Roger Knutson: You can put it in the site plan I guess because you've adopted the conditional use permit. Mayor Chmiel: Well that 's where it 's at is under the site plan review. Okay. That was my question. Councilman Mason: The question I just asked here is would we see more or less if we pushed it back further because of the angle of the berm and all that . I mean if we're going to see more of it I don't. Mayor Chmiel: The building in itself? Councilman Mason: Yeah. Councilman Senn: You're creating, in effect what his suggestion does is create more green space, which allows you to still address the berm just as adequately. And all you're doing is shoving the building forward. Councilman Mason: Right . Right . Councilman Senn: So you won't see any more or less. I mean I think what Dick's suggestion is more of a consideration of what do you consider more important . The highway side or the neighborhood side, Councilman Wing: Well the neighborhood side's going to be blocked and that's going to. Mayor Chmiel: It's going to be blocked by another building once that comes in. Councilwoman Dockendorf: I would just as soon keep it as far off the highway but definitely move the trash. One thing I don't like when I'm driving on Highway 5 is I see Festival Food's trash. Councilman Wing: Tell you what , being that the brick is a new condition and it's fairly costly, I'll go along with the present position with the brick and item number 14 I think goes under this would be that the trash receptacles be moved to an off highway side. Mayor Chmiel: As item number 14? Councilman Wing: Yeah. The northern trash receptacles would have to be moved to preferably a west , the west side of that building. Or at least off the Highway 5. Councilwoman Dockendorf: East wouldn't you think? Mayor Chmiel: Well, if you're not going to see a car facing Highway 5, you're not going to see the trash containers facing to the north. Councilwoman Dockendorf: I'm not so sure about that though. I mean that 's further back than where the cars would be parked. The cars would be parked right up to the berm. The trash would be. 36 City Council Meeting - rebruary 8, 1993 Councilman Wing: It won't be a straight facade. It will be the north side with the trash receptacles what , up to 5 feet or 6 feet? I don't have that . Mayor Chmiel Depending on your sight line as to what you're looking at . Councilman Mason: Along with trash what , I don' t remember and I'm sure it was in the report . What 's the trash receptable? Are there going to be doors? Councilwoman Dockendorf: It 's going to be covered with. Councilman Mason: That 's right . Yeah, it 's covered. It 's totally enclosed isn't it, as I recall. Paul Krauss: It 's going to be made out of the same materials as the building. Councilman Mason: Yeah, right . Councilwoman Dockendorf: Chainlink door though. Paul Krauss: But that faces to the side. Mayor Chmiel: That 's covered. That 's taken care of. So that would mean that item 14 would not be on. Leave it up to 13. Okay, call for a motion. Councilman Mason: So the motion is, to accept the site plan review #92-3, items 1 thru 13? Mayor Chmiel: Very good. Councilman Mason: Is that correct? Mayor Chmiel: Yes. Councilman Mason: I will move approval of Site Plan Review #92-3 with the conditions as stated in the staff report . Councilwoman Dockendorf: I will second it . Maycr Chmiel: It 's been moved and seconded. Any other discussions? -ouncilman Mason moved, Councilwoman Dockendorf seconded to approve Site Plan . eview 192-3 as shown on the site plan dated November 30, 1992, subject to the 7ollowing conditions: 1. A 4 foot variance to achieve a 12 foot high monument sign. This sign which will face Highway 5 shall contain only the names of the occupants of Lots 1, 2 and 3. The applicant must obtain a sign permit prior to erecting any signage on site. Provide a detailed sign plan for staff review prior to the City Council meeting. The monument sign may not exceed 12 feet in height . Sign covenants are to be submitted outlining the use and limit of one common sign and allowances for its use by the remaining undeveloped lot. 37 City Council Meeting - Febri—ry 8, 1993 2_ The applicant shall provide staff with a detailed cost estimate of landscaping to be used in calculating the required financial guarantees. These guarantees must be posted prior to building permit issuance. 3_ The applicant shall enter into a development contract with the city and provide the necessary financial securities as required. 4. The applicart shall provide a flammable waste separator as required by Building Code. 3_ Provide a complete, final set of civil engineering documentation to staff for review and approval. 6_ feet all conditions outlined in the Fire Marshal's memorandum dated October 8, 1992. 7_ The applicant shall post "No Parking-Fire Lane" signs along the south curb line on Lots 1 and 2, Block 1. Signs shall be placed at 100 foot intervals and the curb painted yellow. B. Concurrent with the building permit , a lighting plan meeting city standards shall be submitted. 9_ The applicant shall pay $7,580.00 into the Surface Water Management Program fund for water quality treatment downstream of the site. This fee will cover Lots 1 and 2 only. 10_ No signage will be allowed until sign plan approval is obtained from the Planning Commission and City Council. 11. The applicant shall provide eight additional evergreens along the south side of Lot 1, Block 1, Chan Haven Plaza 3rd Addition. 12. Brick shall be used on the exterior of the Goodyear building. Plans shall be developed to staff approval. The brick shall be designed to incorporate highlighting treatments similar to the or better than the current proposal. 13_ Compliance with conditions of Subdivision #90-17 and Conditional Use Permit $92-2. A11 voted in favor and the motion carried unanimously. Mayor Chmiel: Mark, do you have anything you want to say? Okay. Thank you. 38 • CITYOF CHANHASSEN *41 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: John Rask, Planner I DATE: September 25, 1996 SUBJ: Draft Ordinance Pertaining to Wireless Telecommunication Towers and Facilities INTRODUCTION On September 18, 1996, the Planning Commission held a public hearing to discuss the draft ordinance pertaining to towers and antennas. The Commission, by a unanimous vote, tabled action on the ordinance to give staff time to make revisions incorporating the Commission's recommendations, and to address concerns raised by those present at the meeting. The proposed changes are shown in bold in the revised draft ordinance. Several Commissioner's questioned the benefits of requiring towers to be designed to accommodate one additional user. They were concerned that by providing space for an additional antenna would lead to bigger and higher towers. Staff is of the opinion that requiring towers to accommodate a second antenna is an appropriate method of reducing the number of towers in the city. Further,providing space for one additional antenna will produce a minimal increase in the size and cost of a tower. Staff obtained the following information from SBA concerning pole sizes and prices: Pole Height #of Carriers Dia. At Base of Pole Estimated Price 140 feet 1 42.5 inches $26,500 140 feet 2 47 inches $30,364 160 feet 2 56.5 inches $42,027 Wireless Telecommunication Ordinance September 25, 1996 Page 2 The diameter of the pole increases 4.5 inches on a 140 foot pole, and 12 inches on a 160 foot pole when designed to accommodate an additional antenna. The price increases by approximately 13% when space was added for an additional user. The additional cost would be recouped if the additional space is leased. SBA provided City Staff with a copy of a model ordinance which was developed for Sprint Spectrum. SBA's model ordinance provides the following standard, "f) Any proposed communication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user. To allow for further rearrangement of antennas upon the tower, the tower shall be designed to accept antennas mounted at no less than 20 foot intervals." SBA indicated that Sprint Spectrum provides space on all new towers for one additional user. Staff is of the opinion that with the likely proliferation of towers in the city, a co-location requirement is necessary to protect the aesthetic environment of the city. Other cities have developed incentives rather than mandating co-location. These cities, however, have numerous tall buildings or structures in which antennas could be located. The City of Chanhassen does not have any buildings over three stories or forty feet in height, nor do we allow them in any zoning district. Therefore, it appears that towers may be the only option in a number of areas throughout the city. One other issue that staff would like to discuss with the Planning Commission is that of allowing antennas as permitted uses in residential zoning districts. As proposed, antennas are listed as conditional uses in all residential districts, if the antenna is located on a church,park, governmental, school, utility, or institutional site. Upon review of this section, staff is recommending that antennas be considered a permitted use as opposed to conditional use. Towers in residential zoning districts would still require a conditional use permit. Conditional uses must be approved if the applicants adhere to the conditions attached to the permit. Conditional uses allow the Planning Commission and City Council an opportunity to attach conditions to mitigate any negative impacts. The draft ordinance contains numerous conditions and standards which attempt to mitigate negative impacts. Therefore, very little would be achieved by requiring applicants to go through the conditional use process for an antenna. Further, the majority of these sites are under city ownership which would provide the city with an opportunity for further review. Additional comments are included in the attached ordinance. Wireless Telecommunication Ordinance September 25, 1996 Page 3 RECOMMENDATION Staff recommends that the Planning Commission review and make any changes, and recommend that the City Council adopt the draft ordinance. The draft ordinance will be codified prior to Council consideration. ATTACHMENT Draft Ordinance CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPER 20 OF THE CHANHASSEN CITY CODE PERTAINING TO TOWERS AND ANTENNAS The City Council of the City of Chanhassen ordains: Purpose and Intent. The purpose of this ordinance is to accommodate and provide a reasonable opportunity for the establishment of wireless telecommunications in the City. The City finds it necessary to adopt standards and regulations that promote the public health, safety, and general welfare, while minimizing the possible adverse effects of towers and antennas on nearby property. The Council finds that these regulations are necessary to: 1. Establish standards which permit a reasonable and equitable opportunity for the establishment of wireless telecommunication services in the City; 2. Ensure that towers and antennas are designed, constructed, installed, and maintained in a manner that does not adversely impact public safety; 3. Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community, and; 4. Minimize adverse visual effects of towers through careful design and siting standards which attempt to screen and/or camouflage towers and antennas from adjacent public and private property. Findings. The City of Chanhassen fords it necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location, size and maintenance of wireless telecommunication facilities be controlled. Further,the City fords: 1. Towers and antennas have a direct impact on, and a relationship to,the image of the community; 2. The manner of installation, location, and maintenance of towers and antennas affects the public health, safety,welfare, and aesthetics of the community; 3. A reasonable opportunity for the establishment of wireless telecommunication must be provided to serve residential and business needs, and; 4. Uncontrolled and unlimited towers and antennas adversely impact the image and aesthetics of the community and,thereby,undermine economic value and growth. 1 Section 1, Section 20-1, Definitions, is amended to add the following definitions: Antenna is defined as, "Any structure of device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas." Commercial wireless telecommunication service is defined as, "Licensed commercial wireless telecommunication services including cellular,personal communication services (PCS), specialized mobilized radio(SMR), enhanced specialized mobilized radio (ESMR),paging, and similar services that are marketed to the general public." Public Utility is defined as, "Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this ordinance,personal wireless service shall not be considered public utility uses, and are defined separately." Tower is defined as, "Any ground-or-reef mounted pole, spire, structure,or combination thereof, including supporting lines cables, wires,braces,masts, intended primarily for the purpose of mounting an antenna,meteorological device, or similar apparatus above grade." Tower, Multi-User is defined as, "A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental agency." Tower, Single-User, is defines as, "A tower to which is attached only the antennas of a single user,although the tower may be designed to accommodate the antennas of multiple users as required in this Code." ARTICLE IV. CONDITIONAL USES DIVISION 5. STANDARDS FOR TOWERS AND ANTENNAS HEIGHT RESTRICTIONS: 1. Height Determination. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower,including all antennas or other attachments. When towers are mounted upon other structures,the combined height of the structure at the tower's point of attachment and tower must meet the height restrictions of this Section Article. 2. Except as provided in the following paragraph of this Section, maximum heights for towers are as follows: a) In all residential zoned property the maximum height of any tower, including all antennas and other attachments, shall be eighty(80) feet.,-except-that 2 Comment: The City requires all new power lines that serve residences or businesses to be placed underground; therefore, deleting the second sentence is appropriate. b) In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed - _ .. _ _ - - _ _. . . . -- . . _ . . .. . - a height of 150 feet. The City Council may allow towers up to 200 feet high if the applicant can demonstrate that based upon the topography of the site and surrounding areas, erred of the antenna, antenna design, surrounding tree cover and structures and/or through the use of screening,that off-site views of the tower will be minimized. Comment: The setback requirement for towers has been changed and moved to the Setback section of the draft ordinance. Setback requirements tar parcels developed, guided, or zoned for residential use was changed to read, "For sites that are adjacent to parcels developed, guided,or zoned for residential use, setback shall be setback equal to the height of the tower." See#2 under the Setback Section of the draft ordinance. Exceptions. The following are exceptions to the maximum height restrictions for towers: 1• Multi-Use Towers. Multi-use towers may exceed the height limitations of this Section by up to 20 twenty-five(25) feet. 2. Antenna devices over 70 feet in height which are attached to a structure and not freestanding may be located in residential zoned districts under the following conditions: a) the towers and antennas are located upon existing or proposed structures allowed as principal or conditional uses in the underlying zoning district and/or upon public structures; b) are limited to a height of 15' projecting above the structure. The City Council may permit antenna heights of up to 25' above the structure if the applicant can demonstrate that by a combination of antenna design,positioning of the structure and/or by screening erected or already in place on the property,that off-site views of the antenna are minimized to accepted levels. SETBACKS: Towers shall conform with each of the minimum setback requirements: 3 1. Towers shall meet the setbacks of the underlying zoning district with the exception of industrial and business zoned districts,where the tower may encroach into the rear setback area,provided that the rear property line abuts another industrial or business zoned districts and the tower does not encroach upon any easements. 2. For sites that are adjacent to parcels developed, guided, or zoned for residential use, setbacks shall be equal to the height of the tower. 3. Towers shall be set back from all planned public rights of way by a minimum distance equal to one half of the height of the tower including all antennas and attachments. 4. .. - ..- - . . -.• - . .. . -- •- •. •: - : • - - • . • Towers shall not be located between a principal structure and a public street. 5. A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council,to allow the integration of a tower into an existing or proposed structure, such as a church steeple, light pole,power line support device, or similar structure. Comment: Proposed structures would include the replication of a structure or architectural element. 6. No tower,antenna, or accessory structure shall be located in a wetland or within the wetland setback. 7. In a residential district,the required setback for antennas and towers not rigidly attached to a building or structure, shall be equal to the height of the antenna and tower. Those antennas and towers rigidly attached to a building or structure, and whose base is on the ground, may reduce the required setback by the amount equal to the distance from the point of attachment to the ground. TOWERS IN RESIDENTIALLY ZONED DISTRICTS. Towers shall be allowed only in the following residentially zoned areas: 1. Towers supporting amateur radio antennas and conforming to all applicable provisions of Section 20-915 of the City Code. 2. Towers supporting commercial antennas and conforming to all applicable provisions of this Code shall be allowed in residential zoned districts in the following locations: a) Church sites,when camouflaged as an architectural feature such as steeples or bell towers. b) Park sites, when compatible with the nature of the park; and, c) Government, school,utility, and institutional sites. 4 3. Only one tower shall exist at any one time on any one residential parcel with the exception of towers designed to replicate an existing structure. MULTIPLE PRINCIPAL USES AND STRUCTURES ON A SINGLE LOT. For the purposes of this Division, one tower and multiple antennas shall be permitted on the same lot as another principal use or structure subject to the requirements of this Chapter. CONSTRUCTION REQUIREMENTS. All antennas and towers erected, constructed, or located within the City shall comply with the following requirements: 1. All applicable provisions of this Code. 2. Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association and all other applicable reviewing agencies. 3. With the exception of necessary electric and telephone service and connection lines approved by the City, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line. 4. Towers and their antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code. 5. All towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration. 6. All towers shall be reasonably protected against unauthorized climbing. 7. Metal towers shall be constructed of, or treated with, corrosive resistant material.-Weed Comment: This provision would be included in any lease agreement for towers and antennas located on public property. A new number 8 has been added: 8. The applicant is responsible for receiving written statements of compliance from the Federal Aviation Administration,Federal Communications Commission, and any 5 appropriate state review authority stating that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations. Comment: This section was moved from Additional Submittal Requirements and was changed to make the applicant responsible for obtaining approval. The only difference is that the applicant does not have to submit this information along with the building permit application. Concern was raised by the industry regarding the time it takes to get letters of compliance. TOWER AND ANTENNA DESIGN. Proposed or modified towers and antennas shall meet the following design requirements. 1. Towers and antennas (including supporting cables and structures) shall be designed to blend into the surrounding environment through the use of color, camouflaging, and architectural treatments. Communication towers not requiring FAA or FCC painting/marking shall have either a galvanized finish or be painted a non-contrasting color consistent with the surrounding area, such as, blue, gray,brown, or black finish. 2. Commercial wireless telecommunication service towers shall be of a monopole design unless the City Council determines that an alternative design would better blend in to the surrounding environment. CO-LOCATION REQUIREMENT: All personal wireless communication towers erected, constructed, or located within the City shall comply with the following requirements: 1. A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one mile search radius (one-half mile search radius for towers under 120 feet in height, towers under eighty (80) feet are exempt from this requirement one quarter mile radius for towers under 80 feet in height)of the proposed tower due to one or more of the following reasons: a) The planned equipment would exceed the structural capacity of the existing or approved tower or building as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. b) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and interference cannot be prevented at a reasonable cost. 6 c) Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. d) Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. e) Existing or approved towers or buildings are not in the service area, or do not meet the needs of the user. Documentation shall be provided at the time of application clearly demonstrating why existing structures do not meet the needs of the user. 2. The applicant must demonstrate that a good faith effort to co-locate on existing towers and structures was made,but an agreement could not be reached. 3. Any proposed commercial wireless telecommunication service tower shall be designed, structurally,electrically, and in all respects,to accommodate both the applicant's antennas and comparable antennas for at least one additional user. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. Comment: Several Commissioner's questioned the benefits of this provision because they were concerned that requiring space for an additional antenna would lead to bigger and higher towers. Staff maintains that requiring towers to accommodate a second antenna is an appropriate method of reducing the number of towers in the city. Staff is of the opinion that requiring space for one additional antenna will require a minimal increase in the size and cost of a tower. LIGHTING: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower for camouflage purposes, light fixtures used to illuminate ball fields,parking lots,or similar area may be attached to the tower. SIGNS AND ADVERTISING: No signage, advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by Federal, State, or local authorities. ACCESSORY UTILITY BUILDINGS: All utility buildings and structures accessory to a tower may not exceed four hundred(400) square feet in size and shall be architecturally designed to blend in with the surrounding environment and meet the minimum setback 7 requirements of the underlying zoning district. The use of residentially compatible materials such as wood, brick, or stucco is required for associated support buildings. Equipment located on the roof of an existing building shall be screened from the public view with building materials identical to or_st compatible to existing materials. In no case shall wooden fencing be used as a rooftop equipment screen. LANDSCAPING: Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding area. Removal of existing shrubs and trees shall be kited minimized through careful site selection and design. • . - . . .- - .- -- - ' .. -, . . . _. . _ . . ... . . Landscaping shall comply with the standards provided in Chapter 20, Article XXV of the City Code. ANTENNAS MOUNTED ON ROOFS, WALLS, AND EXISTING TOWERS: The placement of wireless communication antennas on roofs, walls, and existing towers may be administratively approved by the City,provided that the antenna meets the requirements of this Code and the following: 1. The maximum height of an antenna shall not exceed twenty(20)fifteen (15) feet above the roof, and shall be setback at least ten (10) feet from the roof edge. 2. Wall or facade mounted antennas may not extend five (5) feet above the cornice line and must be constructed of a material or color which matches the exterior of the building or structure. In addition to the submittal requirements required elsewhere in this Code, an application for a Building Permit for antennas to be mounted on an existing structure shall be accompanied by the following information: 1. A site plan showing the location of the proposed antennas on the structure and documenting that the request meets the requirement of this Code; Comment: Representatives of the industry expressed concern over the cost associated with preparing a site plan. Staff is of the opinion that a site plan is required to determine setbacks, drainage, location of structures, etc.. Staff would also point out that many of the lots and existing buildings have site plans prepared for the properties. 2. A building plan showing the construction of the antennas, the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this Code; 3. A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's ability to support the antennas; and 8 4. FCC approval is required to ensure there will be no interference with existing tenants or public safety telecommunication providers. Unresolved disputes involving administrative approval or denial shall be referred to the Planning Commission and to the City Council for review. EXISTING ANTENNAS AND TOWERS: Antennas and towers in residential districts and in existence as of the effective date of this Ordinance which do not conform to or comply with this Section are subject to the following provisions: 1. Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this Division. 2. If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefore, but without otherwise complying with this Chapter, provided, however,that if the cost of repairing the tower to the former use,physical dimensions, and location would be fifty percent or more of the cost of a new tower of like kind and quality,then the tower may not be repaired or restored except in full compliance with this chapter. TIME LIMIT ON TOWER COMPLETION: Once a tower is approved by the City, the building permit shall be obtained within ninety(90) days and substantially completed within one (1)year following the date of permit approval. ABANDONED OR UNUSED TOWERS OR PORTIONS OF TOWERS: Abandoned or unused towers or portions of towers and accompanying accessory facilities shall be removed as follows: 1. All abandoned or unused towers and associate facilities shall be removed within twelve(12) months of the cessation of operations at the site unless a time extension is approved by the City Council. - - - • -- - - - - - • • •- •- - - . • - - - • - _ ' • . _• . . . . .. _ ••• _ . .. '-• •. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property. 2. Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna reallocation, if the unused portion exceeds twenty-(40)-feet twenty-five (25) percent of the height of the tower or thirty(30)feet,whichever is greater. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. 9 Comment: By way of example, 160 foot tower would have to be reduced in height if more than 40 feet was unused and if the 40 feet was located above a manufactured connection. An 80 foot tower would have to be reduced in height if more than 30 feet was unused and if the 30 feet was located above a manufactured connection. 3. After the facilities are removed, the site shall be restored to its original or an improved condition. INTERFERENCE WITH PUBLIC SAFETY TELECOMMUNICATIONS: No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall receive FCC approval. be accompanied by an . -- _ . - . .. _ •. - - - -- - . .. - -- . Before the introduction of new service or changes in existing service, telecommunication providers shall notify the City at least ten calendar days in advance of such changes and allow the City to monitor interference levels during the testing process. ADDITONAL SUBMITTAL REQUIREMENTS: In addition to the information required elsewhere in this code in an application for a Building Permit for towers and their antennas, applications for towers shall include the following supplemental information: 1. A report from a qualified and licensed professional engineer that provides the following: a) describes the tower height and design including a cross section and elevation; b) documents the height above grade for all potential mounting positions for co- located antennas and the minimum separation distances between antennas; c) describes the tower's capacity, including the number and type of antennas that it can accommodate; d) documents what steps the applicant will take to avoid interference with established public safety telecommunications; and e) demonstrates the tower's compliance with all applicable structural and electrical standards and includes an engineer's stamp and registration number; 2. For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use and so long as there is no negative structural impact upon the tower, and there is no disruption to the service provided; submitte 10 a) written statements from the Federal Aviation Administration, Federal standards. Comment: 2a. was re-written and included under Construction Requirements #8. 2b. is addressed under Construction Requirements #2. Comment: As proposed, antennas are listed as conditional uses in all residential districts, if the antenna or tower is located on a church, park, governmental, school, utility, or institutional site. Upon review of this section, staff is recommending that antennas be considered a permitted use as opposed to conditional uses. Towers in residential zoning districts would still require a conditional use permit. Conditional uses must be approved if the applicants adhere to the conditions attached to the permit. Conditional uses allow the Planning Commission and City Council an opportunity to attach conditions to mitigate any negative impacts. The draft ordinance contains numerous conditions and standards which attempt to mitigate negative impacts. Therefore, very little would be achieved by requiring applicants to go through the conditional use process for an antenna. Further, the majority of these sites are under city ownership, which would provide the city with an opportunity for further review. ARTICLE IV. CONDITIONAL USES DIVISION 3. STANDARDS FOR AGRICULTURAL AND RESIDENTIAL DISTRICTS Sec. 20-256. Commercial communication transmission towers is deleted in its entirety. _ . .. _.. . -- . . - - :- •_• . . . _ . _ - - Sec. 20-287. Communication transmission towers is deleted in its entirety. ARTICLE X. "A-2" AGRICULTURAL ESTATE DISTRICT Sec. 20-574. Conditional uses. is amended to read: 11 (15) Commercial Towers and Antennas as regulated by Article N Division 5 of this Chapter ARTICLE XL RURAL RESIDENTIAL DISTRICT Sec. 20-594. Conditional uses. is amended to read: (5) Commercial Towers and Antennas as regulated by Article N. Division 5 of this Chapter ARTICLE XII. "RSF" SINGLE-FAMILY RESIDENTIAL DISTRICT Sec. 20-614. Conditional uses. is amended to read: (4) Commercial Towers and Antennas as regulated by Article IV. Division 5 of this Chapter ARTICLE XIII "R-4" MIXED LOW DENSITY RESIDENTIAL DISTRICT Sec. 20-634. Conditional uses. is amended to read: (5) Commercial Towers and Antennas as regulated by Article N. Division 5 of this Chapter ARTICLE XIV. "R-8"MIXED MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 20-654. Conditional uses. is amended to read: (6) Commercial Towers and Antennas as regulated by Article N. Division 5 of this Chapter ARTICLE XV. HIGH DENSITY RESIDENTIAL DISTRICT DIVISION 1. "R-12"DISTRICT Sec. 20-674. Conditional uses. is amended to read: (8) Commercial Towers and Antennas as regulated by Article IV Division 5. of this Chapter. DIVISION 2. "R-16" DISTRICT Sec. 20-683. Conditional uses. is amended to read: (7) Commercial Towers and Antennas as regulated by Article IV Division 5. of this Chapter. ARTICLE XVII. "BH"HIGHWAY AND BUSINESS SERVICES DISTRICT Sec. 20-712. Permitted uses. is amended to read: (13) Commercial Antennas as regulated by Article IV Division 5. of this Chapter. 12 Sec. 20-714. Conditional uses. is amended to read: (10) Commercial Towers as regulated by Article N Division 5. of this Chapter. ARTICLE XX. "BF"FRINGE BUSINESS DISTRICT Sec. 20-771.1. Permitted uses. is amended to read: (5) Commercial Antennas as regulated by Article N Division 5 of this Chapter Sec. 20-773. Conditional uses. Is amended to read: (6) Commercial Towers as regulated by Article N Division 5 of this Chapter ARTICLE XXI. "OI" OFFICE AND INSTITIUTIONAL DISTRICT Sec. 20-792. Permitted uses. is amended to read: (15) Commercial Antennas as regulated by Article N Division 5 of this Chapter Sec. 20-794. Conditional uses. is amended to read: (2) Commercial towers as regulated by Article N Division 5 of this Chapter ARTICLE XXII. "IOP" INDUSTRIAL OFFICE PARK DISTRICT Sec. 20-812. Permitted uses. is amended to read: (13) Commercial Antennas as regulated by Article N Division 5 of this Chapter Sec. 20-814. Conditional uses. is amended to read: (15) Commercial Towers as regulated by Article N Division 5 of this Chapter 13 • { ;.:-',:';‘'.*;.-..-"..;--. ••••:- 1.: 'le ;.t", it ° �C _ • + • 4.0,,`71., • -. K1 7A -v vy i T' q �3. -.\ l ' _ t - i f ' 1 ''-'-'1,-;.... ' _ ,t tit... • :; {� Y :. p `■■ •• T 1 Yl 3y : � T! sir 1 : .-• [ •,i- {% = •- X:lam xK.r� lii ��' - , *-27'.':YY i• M .1 • y; `r • .- 1 �• 11 g£9 • rF `� r I 1 ` t-`I1 �1.1 �' �_ i 11.21,7".,.. air_ 11'I•Fti-1 +.y "�� 5.1 --'----7.77-7A, r�.-. 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Aglik, c. mr-4 ?.-1: ,..., ..... ,,0 wiw; .. . 4#W V 4* 4. L P- L 4 0 Pli 0,141 '11.7. ��t�� = ROHN 120' S�?-1 ROHN 120' CONCRETE SSV TOWER . �/�� POLE Copyright 1995 ROHN CHANHASSEN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 18, 1996 Chairwoman Mancino called the meeting to order at 8:00 p.m. MEMBERS PRESENT: Nancy Mancino, Craig Peterson, Ladd Conrad,Kevin Joyce, Bob Skubic, and Jeff Farmakes MEMBERS ABSENT: None. STAFF PRESENT: Kate Aanenson, Planning Director; and John Rask, Planner I PUBLIC HEARING: ZONING ORDINANCE AMENDMENT TO CHAPTER 20 OF THE CITY CODE REGARDING ANTENNAS AND TOWERS. John Rask presented the staff report on this item. (Taping of the meeting began at this point in the discussion.) AT&T Representative: ...of AT&T Wireless Services. My home address is 6001... A lot of the things that John said, we are the other licensed cellular carrier in the Twin Cities here. AT&T used to be originally Cellular One, which was then purchased by...Industries, which was then purchased by AT&T Wireless. There are roughly about 90 cell sites in the Twin Cities area that AT&T has. The things that are of concern for AT&T is, well two things. Capacity and coverage. With the coverage... Those are things that are in the sales and marketing area, that's out of my expertise. The areas that was in the area here, the topography is the major concern with the cellular industry. Tall buildings like...said. There aren't the height of the buildings here in Chanhassen but there are the peaks and valleys, the trees and things like that that cellular cannot go through so there is a unique height for towers that we have. So whether you're... AT&T is more than happy to help work with the City of Chanhassen to answer...so the City of Chanhassen and the...will get improved cellular service. Any questions? Joyce: You mentioned something about the unique height. What is it? Is there a like a maximum, minimum height? AT&T Representative: Well the standard in the industry has been...like a 75 foot height which when you look at tree tops is...75 feet. There are certain areas and we can get into...situations here...where separation between users, you're looking at anywhere between 20 to 25 feet separation vertically between the different users because that way we end up with the frequencies being...and separation of that. So if you get at the 75 foot, which is the typical height, someone that wants to go locate would then end up having to go at a 50 foot height, which in essence you're into the tree heights and topography of...may not be a suitable site for another user. Planning Commission Meeting- September 18, 1996 Joyce: You wouldn't go higher, but you can go lower? AT&T Representative: We'd want to probably go higher at that point so that we could at least allow...other users to be located on that particular structure. The one thing that it is talked about, and where I come into situations here because I work with the...engineers. Everything is...where they receive the marketing routes and our engineers receive...customers of dropped phone calls, the poor reception, with their service and things like that and that has to do with a grid pattern, which is made up where antenna sites are placed and if there is a lacking or a void in the system, you might end up with poor reception,poor service, and then dropped phone calls. So that's where they put together this system from customer complaints and also an enhancement of the system that our engineers are working on a daily basis to improve the system. Mainly with AT&T. There is the coverage situation that we would have...because they're more popular that the services are becoming and the list of cellular, the more need there is for having to go to capacity. Mancino: Thank you. Douglas Hallen: Good evening. My name is Douglas Hallen with Cellular Realty Advisors. On behalf of our clients, which is American Portable Telecom here in Minnesota. Bloomington. Their offices are located at 1701 East 79th Street, Suite 19, in Bloomington. I really wouldn't be able to add more than the last two gentleman did on the technical aspect of the technology but I would like to mention that this is rather like a balancing act. There are a number of parameters that we looked at and are forced to deal with in determining the best sites and we are interested, as are other communities, in keeping a number of these structures...to a minimum in any given community. We're dealing with everything,not limited to things like vertical elevations,but topography. The zoning requirements and of course the willingness of landowners to enter into leases to provide the sites for these facilities. It is a regional network. There is a regional grid that is required in order to make the service viable. AT&T was one of two winners in the...auctions from this particular...which they share with Sprint. And so the first option that we always look for is the ability to locate on existing towers. Existing buildings. First of all it's cheaper...to locate on an existing tower...our preference and our goal is to essentially facilitate it...to come into the community and work with a community. Identify the most suitable sites that will make everybody satisfied. Hopefully that's basically when we come in,we're not trying to force any of these... We just want to work with the community and be helpful and be responsive to the needs of the community and identify the least obtrusive solution. And so that's basically what our role is,and as I said before, I think the technology... Mancino: Thank you. Any questions? Thank you. Keith Michael: Hi. My name's Keith Michael. I work with Cellular Realty Advisors as well. I'm with Doug. I'm brand new on the job so I'm learning right along with you and I really don't have anything else to add. 2 Planning Commission Meeting - September 18, 1996 Mancino: Thank you for coming up and telling us that. I think what I will do is to tell the commission a good way to run the meeting from now on. We're just going to go ahead and close the public hearing. We'll turn it back to John and go over and present to us the entire ordinance as he has written. We will open the public hearing back up again so that we can then have some discussion on the ordinance as proposed in front of us. May I have a motion and a second to close the public hearing? Joyce moved, Peterson seconded to close the public hearing. John Rask presented the staff report on the Zoning Ordinance Amendment to Chapter 20 of the City Code regarding antennas and towers. (There was a tape change during discussion after the staff's presentation.) Audience: In most cases there will be another building anyway. The question came up as to the size of the building. We used either a 20 x 24 or 20 x 30 building. We never saw the 12 x 24 to build our stuff...but that building, 12 x 24 isn't big enough for us. Now we can, when we have... buildings that are 24 x 24, so you have... I personally would not opt for towers that are... that substantial of a tower with perhaps no lighting... I operate in the Twin Cities and I can't think of a pole...rooftops and there's a cement plant that's in Burnsville...water tower... Now we have other types of pole locations... An example is in Bloomington where we have a city...on top of a pole. The city has had their sign...tucked back in the corner and they wanted to... In Edina we have the city fire department's communication on top of our pole so...I guess that's all the things I have. Joyce: This whole process is initiated by a customer complaint? Generally? Due to one customer complaint? 100? 1,000? Audience: One of the things they do for is, I could go to get the customer complaints but it's more than, it has to be a big enough problem and it has to be substantiated by some...contesting the area complaint. I mean one complaint would not get you to spend about a half million dollars to build a tower based on the tower's radios and the antennas and there is a combined... Joyce: Thank you. Mancino: Thank you. Skubic: In your estimation, are you getting some pressure...? Audience: We only had one site in Chanhassen that we're looking...another site is going to be built in Chanhassen in the next two years, which is about as far as we plan, so one is the answer. Mancino: In the next two years. Audience: Right. In the next two years. 3 Planning Commission Meeting - September 18, 1996 Skubic: The question was how many is it going to take to cover an entire physical area? Audience: ...over the next two years. That's as far as I can predict. If everybody goes to a ...system, you would have to maximize the construction. Right now the technology would require cells...so what is that? About 4 square miles. So that would be 6 cells, if everybody went to...cell phones. Out of 6, that's a lot better communication than they have now so...and right now the neighborhood cities are providing coverage into Chanhassen. Skubic: Do you see, your estimation is somewhere in the range of 6 to 10? Audience: It can't be 10 under current technology. 10 would be too many. Skubic: It'd be too many? Audience: Yeah. Or my company... Skubic: If you have a multiple provider then you need... Audience: ...so that's another possibility... AT&T Representative: To answer your question...said there for the next two years. Either the remainder of this year and to have next year, we have no plans to build anything in Chanhassen but there may be...so if the amount of antennas or structures to be built here are limited, from AT&T's standpoint, based upon what requirements AT&T has right now on their system. Mancino: It's based on market penetration.. AT&T Representative: Exactly. If technology changes, that would change...but based upon what...we'd probably be in the same situation. Probably 6-7 max. The entire city of St. Paul, we've got four sites. Five sites in St. Paul. We've got in Minneapolis, and mainly because of...traffic...things like that, we've got 100 sites so that's all of Minneapolis. That kind of gives you an idea of the area...based upon current technology. So a few things here that I want to thank the staff for. I know that this is a...job of trying to get through and put together an ordinance and they've done a lot of work. I know that... A few of the things here that we covered. I know Peter Beck, who is our legal staff, has talked with...individuals to get their input...and some of the things there that they had gone through and have on some recommendations had changed some terminology and things like that. I guess one of the things here is like on page 2 here, there's a definition so you've got... I don't know of many people that have towers... In going to page 3, item 2. The height there of 70 feet. We've requested between 75 and 80 feet, mainly because of the heights of trees, topography and things like that as being a minimal. Average tower height that AT&T constructs is probably about 125 to 150 feet in height. That's the average. There are some areas that, when I first started out, when Cellular One started out there was actually like four sites that were actually used in the Twin Cities area and they covered the whole Twin Cities area. And that went to the highest place of the city and 4 Planning Commission Meeting - September 18, 1996 like IDS Tower was one of the sites. Well that, because of the capacity and coverage that was being done. The coverage was being taken care of. The capacity, once that filled up, we had to come up with something different. I had to come up with other sites so in essence it was taken down off the IDS Tower and there were other smaller sites that were placed around that particular site to pick up the capacity and also the coverage from that one specific site. Well what it did is it took it down from a height down to a lower height. The one thing that we talked about is going to a... height and what you've got here in height...distance to the base of the tower. The antenna on top of...power lines which serves more than one dwelling and... Well a lot of times here, what it was based upon is these towers, poles...are I think this is a safety issue...is that they're manufactured to meet the minimum requirement, which the State requirement is 80 mph...with at least a half inch of... AT&T engineers their towers to at least stand a 90 mph wind load capacity which in essence, based upon this here, if you're looking at...those being made out of wood. Those poles are going to go a lot sooner than when our two... Safety and environment is one of our concerns but...we checked with the local authorities on making sure that there isn't any problem... Mancino: I think that's a good comment. I think that we are concerned and I think that's a very good standard for AT&T but other companies may not have that. So it will be something. Aanenson: ...I guess what we're going to come back and put some language in there. We've got their comments and I guess when John went through it, he tried to hit the high points. There's some things we still need to work out but that's an area that we're going to put some leverage in about building code. Certainly we understand what the issue is so maybe we can phrase it different...to protect public safety, and that's what the language John...and maybe it's just a language change. AT&T Representative: And we understand public safety also. I mean I'm sure that's one of... working together with staff. Aanenson: Yeah, and we agree that there just needs to be some language changed. That they should... AT&T Representative: On the setbacks. When we get down into the setbacks on page 3 here. Some of the things there, we're concerned about are from zoning districts. Where we would meet...where we construct towers, poles, other poles, are usually in rear yards, side yards. I think there's something there that front yards, very rarely. One of the things there that as meeting the front yard setbacks...and things like that. But side yards and rear yards, mainly is where you place the...and shelters. To adhere to pieces of property that are going to be utilized for the... here. To take someone's parking lot and to put something within a parking lot, only to meet the required setbacks. They'd believe, the property owner has to come in to get a building permit and has to meet specific parking requirements for their size structure that they have. And if we were to go through and meet specific setbacks and to be placed within a parking area, may in essence take away part of their parking that they need for their building, which in essence could cause them concern based upon what the city requirements would have. So I would say that you 5 Planning Commission Meeting - September 18, 1996 should look at of being able to build within the area of the side yard. Look at that side yard setback area...for placement. Aanenson: I guess our position on that, and I explained that to Peter Beck who is your attorney on this issue, is that ours was an aesthetic, and that's really where it was coming from. I think there's some room for movement on that. What we were concerned about is that in an industrial area, somebody's side yard can be somebody else's front yard. And how do you address that so if we can look at putting some qualifiers in there, I think there's certainly room for that and it's really again...so someone doesn't have an office warehouse and their office is facing that side. So if we can find some middle ground, we can look at that. I guess certainly we don't want it in the front yard. AT&T Representative: I'd be the one that actually goes out and does the leasing and talks to property owners. I know what you're talking about there. Those are things there that...property owners, we also too look at aesthetics....try to make something aesthetically pleasing as possible... Try to blend in with the environment. One thing that was in here was a painting requirement that was there. One thing that was brought out is that one of the DOT has gone to a brown color type structure where in certain communities people that have driven the Crosstown and 169, in Eden Prairie. Edina, Minnetonka area. We've got a structure that is built in the northwest corner of that which we felt could blend in with the environment if you paint the poles the same color as the existing light standards that the DOT has put in...and those are things there, from an AT&T standpoint, they want to blend in. They don't want to stand out and those type of things too so I guess the parameters of working along with each individual site and working with staff and the city and that, and those are things that can be brought up at the time that applications are made with the city. What type of color should be best put in there. That has either been a light color blue, a gray or a brown type color which would blend in with the environment so those are some of the things there. Vegetation, which was talked about. Some of the things there. Landscaping. Some of the landscaping. AT&T is not opposed to doing landscaping. We do put landscaping in because we want to be a good neighbor also and so when that is going through, I think it's to be restrictive on how much landscaping is going to be placed on a site, I think it could be on an individual basis based upon each applicant that comes in. What is abutting that particular area. Wood zones and things like that. Some of the things to address within a residential areas, like within parks, churches and things like that. We have, I know AT&T or Soft Touch has placed towers within park areas where the type of structure. The shelter itself, we have the different types of exteriors that we blend in with the particular zone that it's within. That particular structure may be a brick siding or whatever is in that area and we try to blend in with all of them, Or some kind of a roof design that is put on. I know that at one site that we've done, where we are is in the Minneapolis area. A structure was constructed to conform with another particular type shelters that are in the area. It blended in with them so we became a good neighbor with that particular area and I can see that being the same thing within Chanhassen also so. I think some of the things that...has talked about here. Insurance coverage. Things like that. Landowners are... comes standard and we're putting those in our leases and working with the property owners in doing that. So I don't see that as an exception for us to be required to do that also. That's something that's being done with the property owners already. Abandoning towers. As was spoken previously. AT&T has roughly 90 locations within the 6 Planning Commission Meeting- September 18, 1996 Twin Cities here. They have never, ever abandoned the tower. They may have relocated from one area to another, like from the IDS Tower to the ground unit. They did not leave their structures up on top of the roof of the IDS. We do have a landlord at that time and if we believe that, from the landlord's property, we are responsible for that situation. So those things I think are kind of covered within the lease agreement with the property owner and so abandonment of towers to the city, from AT&T's standpoint, and probably from the...standpoint,probably will never happen. If we leave and take our equipment and go to another place, and I can put that there so that's one thing there. Just a couple other things here. The co-location requirement. Where it was talked about the, I think the amount of co-location that AT&T has done is very limited only because being one of the two carriers that are licensed within the area here, it turns out, if I may,just a little bit talk about how each system is put together and what our requirements, what our need for a particular is and has been at times been different than what Soft Touch has been. Where we need to put a tower for meeting our capacity and coverage, may be different than what Soft Touch's have been, and it has been. Each grid pattern that goes through, when one tower goes up, that then is built around that particular tower. Each system is built in relationship to that. And at times there, there may be something that tends to have a tendency and could work together but has some of the areas that talked about have had a co- location but they have not been on a tower, but have been on an existing structure. A water tower or an existing building or things like that... The radius there, the one mile radius to look at, is a little restrictive because usually when I'm given a search circle to find a particular area, I might be looking in a particular area that covers maybe a block or two blocks in size. So to look within a mile radius, I wouldn't be able to, if I had to go through that and say okay...circle and if I had to look within a radius and say here's another site over here, it wouldn't necessarily prove to be an acceptable site for AT&T. And that would be proven through our engineering to substantiate what one site would do in relationship to what our requirements are for that particular site. So I'm just saying a one mile radius for a search there is a little bit restrictive from our standpoint. And I think there's other things here that have been covered already with staff and I'll let someone else come up and talk on those so, if there are any questions, I'd be more than happy to answer. Thank you. Mancino: Thank you. AT&T Representative: Oh, one thing too. Our building sizes that we do put in are, the minimum is 12 x 24 in size. We normally have a 12 x 28 and that is what is to house our equipment and I don't see them getting any larger but yet, they've been pretty much standard...in size. That is our standard building. Aanenson: If I could just add to that too. I was also told that they generally, there's a driveway for maintenance and a parking stall so...is our understanding. Doug Hallen: Thank you. Yes, Doug Hallen with APT. I also would like to commend staff for the professional way they've presented this draft ordinance. There's language that appears in there, it seems to be well thought out and generally responsive... I just had four points I'd like to go through quickly, which are of concern, like I say to our client, and one of which is to repeat one of the previous comments regarding the side yard setbacks. This appears on page 4. Item 7 Planning Commission Meeting - September 18, 1996 number 4. Top of page. Our only comment there would be, it would be very helpful if the City would basically consider allowing construction of these facilities in the side yards of industrial projects and we're also sensitive to the issues that were talked about before and we'd be able to work with that as far as relationships with front yards and side yards. Secondly, the bottom of page 5. Tower location. Item 1. The only thing there is it's within the one mile search radius. We would ask that we be waived of the requirement to study structures or buildings which are 70 feet or lower within that one mile radius because those would not be, those would not qualify in any case as potential opportunities for us to locate a facility. We're only looking on 70 feet or larger. Because of the reasons which have been discussed. Thirdly,page 9, at the bottom. Something, I'd like to enter into the record... The FAA requests obtaining a letter of approval. While we understand the rationale, we are, our experience has shown that in practice, getting an actual letter from the FAA on these facilities is virtually impossible. They simply do not have the staff to respond to the needs of these providers on every single site. And they will not be able to provide us with these letters so that will become a hardship for us. May I suggest however, that the language be modified to simply say that all required facilities will be consistent with any applicable requirements of the Federal Aviation Administration. Aanenson: We've already agreed to that. We understand that. Doug Hallen: Finally, this backs up to page 3. Item 2(b) at the top of the page. We would request if possible to modify the language slightly on the height restriction so that it would read, shall not exceed one foot for each 2 feet the tower sets back from residential structure, rather than property if possible. Our feeling there is that setting back 2 to 1 from residential property will severely impact our choice of sites. By the time that standard is applied, we're looking at quite a large commercial piece of property and we feel.., (There was a tape change at this point in the discussion.) Mancino: So you can take down some notes on this. Craig. Peterson: I know a sport that good. Mancino: Well let me just highlight some of the notes that I have and some of the different issues that were raised. One was certainly on utility buildings. Whether there should be a cap or...cap and side. Should we discuss that a little bit more in this ordinance. Not only compatibility with materials used in the adjacent properties but also on size of the buildings. I think your question was answered on the wood pole versus metal. That they would not be using wood, or Soft Touch wouldn't be, Abandonment of tower. That right now no towers have been abandoned that may be something that we would want to have something in the ordinance about. There was discussion on side and front yards in IOPs and in OI districts. Whether we could be a little flexible there with the side yards. Landscaping request was that there would be no landscaping requirement in parking lots. And some flexibility around landscaping. And of course their height request for instead of 70 feet, going up to a minimum of 75 to 80 feet. And also a concern about the existing setbacks of the underlying zoning districts. And lastly what I have is,the co-location in the search circles. Whether they could, whether the one mile radius 8 Planning Commission Meeting- September 18, 1996 was too inflexible. So those are the major issues that I have along with some that I think John and Kate already answered about FAA,which I think we had handled and that was what I had down. That's all. Peterson: Thank you. As it relates to the size of the building, I think there's a non-consistency there that I'd feel safe in putting a cap on the size because those technology...materials and hardware is certainly going to be increased and maybe downsize so I think that would be a good idea. I feel pretty strongly about the abandonment. Abandonment of the towers, even though nobody has abandoned them yet. Also going back to the use of the word technology. Clearly technology will change 10 to 15, 20 years from now and use satellites perhaps but I think it's something that we have to address and we might as well be proactive and address it now. The side yard issue,I'm not as concerned about the side yard issue. Certainly the IOP area also is more important than the residential. I'm comfortable in...staff to try to find a way to mitigate that negative impact. I think that can be done. Landscaping, I had a little bit of a struggle with. There's proven times that landscaping isn't going to be appropriate and inappropriate so I think some way we can...options that's been a requirement that...not having landscaping would certainly be... I'm comfortable with the height going up to 80 feet. I think that's a reasonable flexibility. The setback issue is more of a touchy one I think. I think I've heard from staff that there's flexibility there to possibly put language in that will... Co-locations. I think I heard clearly and can take heart to the example of size of the tower. If they co-locate on a single metal tower. I don't think I'd want to, I think my tendency would be to have a smaller tower and perhaps more of them than the larger ones that are more onerous to the environment as far as aesthetically at least. I'm biased towards that versus forcing them to put two on...tower. I think maybe use the language such that they cohabitant of sort on metal towers... It was also talked about the innermodulation study. I can't remember if staff concurred with that or not. I think that concludes my comments. Mancino: Thank you. Ladd. Conrad: I'm not going to add much to what Craig said. I really had the sense that staff could modify what they said today, given what they heard from the different experts that were here. The representatives here tonight. Really nothing to add. I think we can go up to 80 feet, and again I'm just going to echo all of what Craig said. My only big concern. I don't have a solution for the one mile radius option. I kind of like that but I heard some contrary points to that, which were kind of reasonable. I don't have a direction. I don't know how to handle that. And Kate mentioned my only big concern, and that is putting something like this next to a residential neighborhood. I just don't ever want to be in a position where the neighbors come in and say they don't want that there. Because the language will probably allow that and I don't think the industry would even, you know they're going to search for those easy solution things but I just don't want to be put in a situation where this is the only spot. But I haven't thought of ways to get us out of that so that's it. So again I really heard staff talking in terms of listening to some of the experts or the representatives here tonight and I think they can come up with a revised ordinance pretty easily. 9 Planning Commission Meeting- September 18, 1996 Mancino: I'm interpreting you're saying that you want to keep the, one of the questions that was brought up tonight was that the setback from the property to be, let's see. What was it? On page 3, 2(b). You want to make sure that the antenna height or that the antenna is far enough away from the property line, not the residential structure. Conrad: Yes. Mancino: So you would not change it to residential structure but keep it to residential property line? Conrad: Yes. Mancino: Okay. Bob. Skubic: I agree with what Craig and Ladd have already said. I think staff did a great job of... Just a couple comments. I'm in agreement with... The co-location versus size...the right thing to do with that. Certainly the smaller towers...are attractive to. More attractive than the larger towers...so I hope that staff will give some consideration to that. I do feel strongly that we should include something in there regarding abandonment. Seeing that we get...so I'd like to see something regarding abandonment. And one other item that I don't know if staff concurred with was the liability issue. I'm comfortable with...so that's all I have to say. Mancino: Kevin. Joyce: Basically echoing most of what's been said. Just overall, number one. Staff has done a great job with this and it's hard to pin point this type of business. The industry is evolving so quickly and it's so new to us so it's difficult to really put parameters on any of this stuff. The • fellows that are here are certainly from reputable companies and my concern is when we don't have reputable companies coming in. Some fly by night or something like that. Particularly when we have a Federal mandate of putting these things up and I could possibly see us having our hands tied. Someone else comes in and do whatever they want so I mean some of this stuff can be serious at a point. I don't know when, if ever it will happen but I'd have to say that things like this, abandonment. I agree with. I think it has to be looked at. Thank you for looking at the size of the utility building. I don't know if that's going to become an issue. I think we should make considerations for that. As far as the side yard setbacks, and this seems to me to be kind of a case by case item anyhow so I can live with that. The co-location, I would agree. I would consider smaller than bigger ones, But I am concerned about this residential issue. That's one thing that would concern me about anything that's been said tonight. Number one, I would definitely agree with Ladd saying that it would go with the property line. And I trust the staff would just really seriously look at that. I don't know 2 to 1, I can't visualize it. It's more like on our field trip, I almost wish we could have looked at 2 to 1 and how big that would be or if that really is a hardship. But I totally agree with Ladd. I never want, I know AT&T isn't going to come up here, and Air Touch and these fellows, but who knows who would come up in front of us and say, this is the only place we can put it and you know, we have to put it here. I would 10 Planning Commission Meeting- September 18, 1996 have a real problem doing that so I would like to look at that very seriously. Almost to the point of considering keeping it the way it is. That's about all I have to say. Mancino: Jeff. Farmakes: I have nothing to argue with what's been said. Good report. Those are my comments. Mancino: Thank you. Good report. Lots of details in here. The only thing that I would differ from at all from what anyone else has said is that I would keep the height, the maximum height in residential properties at 70 feet and then let the City Council determine if there should be a variance from that. Aanenson: There's two ways of looking at it. You can say 70 and demonstrate that... Mancino: The trees are in the way or topography so that would be my only difference than what other people said. May I have a motion please? Conrad: I would move that the Planning Commission table the draft ordinance pertaining to the wireless telecommunication towers and facilities to incorporate the comments of the Planning Commission. Mancino: Is there a second? Farmakes: Second. Mancino: It's been moved and seconded. Is there any discussion? Any questions from? Conrad moved, Farmakes seconded that the Planning Commission to table action on the draft ordinance amendment pertaining to Wireless Telecommunication Towers and Facilities to incorporate the comments from the public hearing. All voted in favor and the motion carried. Audience: Madam Chair, I know that the public hearing is over but I forgot something. Mancino: Oh,you want to come up and say it now? Audience: If I could just ask one question with respect to abandonment. The Code already provides for condemnation of other abandoned pieces and this is a growing city so you haven't had to deal with some of the problems that other cities have had with buildings being walked away from and that sort of thing and I am struggling with the reason why the commission feels that there's something special about this, about a cell tower or half a dozen cell towers over any other abandoned use that might be... 11 Planning Commission Meeting- September 18, 1996 Mancino: I'm not sure it's over any other abandoned use but I think that we want to make it clear and be very proactive how we do feel about the antenna and towers in this ordinance. In this part of the ordinance. Audience: Okay. I guess my concern was over the suggestion that there be some security or some bond or why would we... Aanenson: I think we're getting into two issues. You're right. It's in the Code. We have within one year if something's been abandoned they have to be vacated. The issue we're talking about, which we're still in the gray area on,is if you have co-location in the tower or if the technology changes and the height comes down and we've got the excess antenna, what do you do with that? That is more... Audience: We agree with the way you...and we typically remove the extra tower anyway so it's not. Joyce: I mentioned about the security,but if they're comfortable with it,that's fine. I just brought it up as a suggestion. Aanenson: There is no policy...it's the excess. Mancino: Glad you asked it and glad we answered it. Thank you. That's it. OLD BUSINESS. Aanenson: I just wanted to let you know I administratively approved an expansion to the West Junior High... What they're doing is putting in a small entrance,a canopy... Dave looked at that. They're not changing any grading, drainage patterns or anything like that so... Conference area two, science rooms, computer lab, another conference room. This is just actually...than actually expanding the cafeteria so it's... Again we did look to see what, if any vegetation... Mancino: Thank you. Do you need us to do anything? Aanenson: No,I just wanted to let you know. If you see activity happening up there. Mancino: Would you just make sure that they pick up all their debris because it does seem to pack, find it's way to the property to the south of the Middle School. Lots of it. Thank you. NEW BUSINESS: None. APPROVAL OF MINUTES: Farmakes moved,Peterson seconded to note the Minutes of the Planning Commission meeting dated September 4, 1996 as presented. CITY COUNCIL UPDATE: 12 Planning Commission Meeting- September 18, 1996 Aanenson: Thank you. St. Hubert's site plan was approved with the recommendation that the soccer field be moved up unless it was demonstrated that it could not be placed up there. Again that's contingent upon final plat of the Villages which will be occurring Monday, the 23rd Chuck's Grinding, which is an industrial user out in Chan Business Center was approved. The Schmieg variance request for the lot subdivision of one lot 14,000 square foot was denied. CSM, which is on the corner of TH 5 and Dell Road, was approved. The color wasn't the exact same as it was approved on the previous two buildings. They approved the final plat for Melody Hill. That's all I have. Excuse me, the Council did interview the one Planning Commission candidate so that's on for hopefully appointment and hopefully the day after we'll have a new Planning Commissioner. Mancino: On Monday night? This coming Monday night? Aanenson: Correct. Mancino: Thank you. ONGOING ITEMS: Mancino: Ongoing items? Anything? Aanenson: No. Just to let you know on your next agenda, there will be during the Bluff Creek hearing. I noticed it as a public hearing but it won't be a public hearing. What I want to do is give an opportunity for you to ask questions of what we discussed last time. Maybe in a little more detail and then I want to spend some time going through how staff came up with the proposed recommendation for the land uses. Proposed land uses. Get your feedback and then take that and any modifications you may have and go meet with the property owners. Give them a chance to comment before we have a public hearing. So the public hearing will probably be in a month or so but I want to get your feedback before we meet with them and Mark Koegler... Mancino: Excuse me, who is Mark Koegler? Aanenson: With Hoisington-Koegler. He worked on the last, the 1991 comp plan update so he's got...so he has a pretty good knowledge of the city and the comments... And then we'll be taking that through the process. And also Abra-Goodyear is on for the next meeting. They want to do some air conditioners... and if John can squeeze in, we spent a lot of time on the tower. If he can change that and put that back on too... I appreciate starting and everybody coming in early tonight. Mancino: Any open discussion on any issues that the commissioners would like to bring up? Okay, can I have a motion to adjourn the meeting? Farmakes moved, Peterson seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned. 13 Planning Commission Meeting- September 18, 1996 Submitted by Kate Aanenson Planning Director Prepared by Nann Opheim 14 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 4, 1996 Chairwoman Mancino called the meeting to order at 8:25 p.m. MEMBERS PRESENT: Craig Peterson,Bob Skubic,Nancy Mancino,Ladd Conrad, Kevin Joyce and Jeff Farmakes STAFF PRESENT: Kate Aanenson,Planning Director; and Dave Hempel, Asst. City Engineer PUBLIC HEARING: RENEWAL OF INTERIM USE PERMIT FOR THE BLUFF CREEK GOLF COURSE. THE APPLICANT HAS RECEIVED AN INTERIM USE PERMIT FOR THE FILLING AND STABILIZATION OF AN EXISTING RAVINE ON BLUFF CREEK GOLF COURSE. DUE TO THE SIZE OF THE RAVINE,THIS PROJECT WILL BE ONGOING AS CLEAN FILL BECOMES AVAILABLE. THE INTERIM USE PERMIT MUST BE RENEWED ANNUALLY. Dave Hempel presented the staff report on this item. Mancino: Thank you very much. Any questions for staff at this point? Peterson: I've got, if I understand the...what percentage is it as far as what he feels...to get to where it's currently the necessary amount. Hempel: Based on the plan that was submitted for restoration of that portion of the ravine, they've estimated approximately 40,000 cubic yards. Peterson: They've got quite a ways to go yet? Hempel: That's correct. Mancino: Where does that 40,000 go? I mean when you go out and look at it, I mean does it keep going around the sides of that gorge or do you just keep. Hempel: This is a reduced version of the grading erosion control plan for the site. Creekwood Drive is located here and the golf course is laying north of it. The bluff area is shown in this area here. The area of washout is in this area. With the 40,000 cubic yards of material,basically this touches part of it. The ravine naturally...stabilize this area as well as the bottom. Storm sewer has been constructed from this point underground and out at the base here. That's already in place. The fill is to minimize or to stop the erosion occurring out into the golf course property. There's really no methods of filling out far enough to control the erosion beyond the area that you see right here. This is the area that would be really stabilized as a part of the fill. These Planning Commission Meeting - September 4, 1996 types of slopes exist all through the bluff area and there are some...some areas washed out but not to this magnitude. The City a few years ago restored an area a block or two to the east of this, south of Halla's. It was much smaller and we did install storm sewer system and placed quite a large amount of fill in the area and have stabilized the slope now through there. It seems to work quite well. Mancino: If the Bluff Creek management plan comes on, will this have anything, will we be looking at this area differently to manage? And will we be able to work with the golf course and do other sorts of, implement other sorts of techniques? Hempel: I think the important improvements are already implemented out there and that is controlling that runoff through that ravine. They did install a catch basin upstream on the north side of the driveway where the water all has to pool or collect and then that's discharged at a controlled rate to reduce erosion downstream. Before it simply funneled the concentrated flow right through this ravine and literally increased the runoff in that area. And erosion. Aanenson: If I could just take that a bit further. I think one of the concerns was, we certainly don't want to see it go... I think to take it a step further...your question, certainly the revegetation which we talked about tonight to reduce the speed of water coming over the top is probably the next step and we'd be looking at...as the plan develops. Mancino: Okay. Because this is just a normal revegetation plan as we would do in any subdivision versus getting back to the indigenous or native... Aanenson: Right, that'd be your recommendation for the next level. Hempel: If I could maybe just touch on that a little bit further. A lot of this erosion is caused from subsurface drainage as well. If you go out and you see leeching of the soils, 10-15 feet below the surface, and a lot of that has caused erosion and undermining that and causing the top crust just to slide right down the hill. And so that's the subsurface drainage causing that. Mancino: If you fill the 40,000, are they going to cover the tree that's down at the bottom now? That big, beautiful tree. Hempel: No. That's beyond the filling limits. Mancino: Okay. • Hempel: I should just maybe touch on, the staff has received a couple of telephone calls with regards to renewal of this permit. They were unable to make this meeting tonight but I did indicate I would relay their concerns on to the commission. One of the concerns was site restoration. Fill that was placed out there last fall, in 1995, no restoration and regrading of topsoil was done. That was due to the thought that additional fill...would be placed in the spring and it would be a waste to try and spread topsoil and then this spring...and essentially no vegetation would be established. The other concern was dirty streets from the hauling out there. 2 Planning Commission Meeting- September 4, 1996 I did not receive any complaints of dirty streets. The street was blacktopped prior to them hauling out there. Hours of operation was also a concern. They felt that there may have been some violation of that. Mancino: That brings up a good point from me... I know I've called a couple of times on some hours. What do the homeowners that live on Creekwood, and there is a violation of hours,who do they call? What do they do to get it stopped? Hempel: During normal City Hall hours from 8:00 to 4:30,you can certainly contact city staff. ...would most likely be a public safety department and they could contact the City Engineer, street superintendent and make him aware of what's transpiring out there. Go out and field visit. Mancino: But mostly they're going to have to wait until the next day to make sure that something happens. If they're still going at 7:00 at night. Hempel: Most likely...it will take to the next day to report the actions, correct. One of the other concern is that...say stop. How far do we go to... I indicated we did have a grading plan that shows the scope of what is involved. The option is to have a complete summer of non-stop filling out there, truck traffic every day, or an alternative of filling a week or two out of the summer, and that's basically... It's kind of a balancing act...continue to go on. If they try to sell their... Joyce: There's no problem with the fill itself? Hempel: The fill...good fill material. All clay. As the topsoil is brought in, it's not coming from... Mancino: There were some pretty good chunks of cement out there on the left side, or the west, east side. Hempel: Most of...that staff has seen throughout the years is...try to curtail unauthorized filling. Mancino: Thank you. Any other questions? Is the applicant here and do you wish to address the Planning Commission? Please do so. Norman Berglund: Yes, my name is Norman Berglund. Mancino: Would you come up to the podium please Mr. Berglund. Norman Berglund: My name is Norman Berglund. I'm a general partner in the Bluff Creek Golf Association. I live at 2205 Concordia Street,Wayzata. Mr. Hempel I think has pretty well presented the situation. It's the same as last year. The ravine...still exists and we're getting, because of the subsurface drainage,we're still getting the sloughing off of,big chunks off each of the west and the east bank, and that's where that's big tree. Did you see that tree? 3 Planning Commission Meeting- September 4, 1996 Mancino: Yes. Norman Berglund: Isn't that something? Mancino: Unbelievable. Yeah, looking into an, it's an aquarium. Norman Berglund: ...and I hope it continues to grow. But anyway,what we'd like to do is, I think in line with the city's bluff restoration program,I think this fits in well. And as far as Bluff Creek is concerned, we would like to continue... It should stabilize a good share of that area. We won't get it all because you've got almost a 30 foot vertical cliff and then...So we think it's beneficial for us and we think it's beneficial for the city and as I understand, you're going to have a trail system down there. You'll modify the slopes...but I appreciate your consideration. Thank you. Mancino: Thank you. Thank you very much. May I have a motion, and a second please, to open this for a public hearing. Peterson moved,Joyce seconded to open the public hearing. The public hearing was opened. Mancino: This is open for a public hearing. Anyone wishing to address the Planning Commission at this time,please do so. Conrad moved,Joyce seconded to close the public hearing. The public hearing was closed. Mancino: Thank you. Comments from commissioners, and questions. Craig. Peterson: I think the points that were being brought up...I think last year we addressed virtually all of them in a pretty detailed fashion. ...do our best to make the applicant abide by those regulations. But I still certainly feel...the area to continue with the... Mancino: Thank you. Bob. Skubic: Well I'd also vote for approval at this time but I'd certainly encourage the applicant to make better progress of filling this. If this came back again, I'd probably... Mancino: Kevin. Joyce: My thoughts basically echo what the other two commissioners...but we definitely need some progress, number one. And number two, I don't think we should have any more comments from the neighbors...looks like it's going to be more than 1, 2, 3 year process. I don't have any problem voting for it next year if there's no problems with the neighbors. I think it's unreasonable to have trucks out there later than what we set aside as very specifically in the City Council Minutes so I hope that doesn't come up again but right now I'm fine. It looks good. 4 Planning Commission Meeting- September 4, 1996 Conrad: I agree with the staff report. Mancino: Jeff. Farmakes: I agree. Mancino: I do too. I just have a couple of questions for staff. Thinking about the people in your area that live on Creekwood. Do they,will they get sent something at the end of this to say what the hours are so that they know this? There are only seven homeowners there. I think I counted seven or eight homes. Is there something that we can send to them telling them what has passed City Council? What the hours are and all the recommendations. Hempel: We can certainly send them a copy of the approved conditions. Mancino: I think that that would be a good idea. Also,the other suggestion that I'd just like to bring up and hear what you think is, do you find any problems with people illegally dumping or, one illegally dumping or the fence not being up. Can we put up a temporary sign that says, you know you are unauthorized to dump and the hours must be da, da, da, da, da, da. Not a huge sign but just something small by that area because when I went today and the orange fence was down and I drove my Jeep right up there and so some sort of a temporary sign with that being,you know it's an entrance to the golf course and I'm concerned about the aesthetics of it. Any suggestions from commissioners? Do you think it's needed? Hempel: At this time we've not seen or heard of any illegal dumping. Not to say that...because I would encourage the applicant to maintain that fence, and I believe he did have a sign on there at one time. Norman Berglund: We can put a sign up. But actually...and we don't want that either. Mancino: Okay. Well either,you know make sure the fence stays up or,and put up some sort of a sign so that people know what the hours are and must contact you for dumping consent. Those are all my comments. May I have a motion please. Peterson: Madam Chair, I make a motion that the Planning Commission approves the extension of the Interim Use Permit#95-1 for Bluff Creek Golf Course as shown on the plans prepared by Schoell & Madson dated June 6, 1995, revised June 7, 1995 (received June 29, 1995), and subject to the conditions 1 through 17. Mancino: Would you accept a friendly amendment? Peterson: Maybe. Mancino: A friendly amendment would be. Conrad: I'd second Craig's motion. 5 Planning Commission Meeting- September 4, 1996 Mancino: I'm so sorry. I lost my train of thought. Any discussion? Conrad: You did say anything that was. Mancino: I wanted to add on something. Not about the temporary sign. Oh! About sending a letter to the residents,to the seven residents who live on Creekwood,what the conditions are. Peterson: Friendly amendment accepted. Mancino: Would you second that motion with the friendly amendment? Conrad: Sure. Mancino: Thank you. Any discussion? Peterson moved, Conrad seconded that the Planning Commission recommends to approve the extension of Interim Use Permit#95-1 for Bluff Creek Golf Course as shown on the plans prepared by Schoell& Madson dated June 6, 1995, revised June 7, 1995 (received June 29, 1995), and subject to the following conditions: 1. The applicant shall be required to provide the City with a letter of credit or cash escrow in the amount of$5,000 to guarantee maintenance of erosion control, site restoration and street cleaning. The financial guarantee shall be released upon completion of the project. 2. The applicant shall fence the top of slope area for safety purposes and to discourage/prohibit unauthorized filing after hours. 3. The site will be subject to periodic reviews by the City and inspections to ensure compliance with the conditions appropriated to ensure health, safety and restoration. 4. Hours of operation shall be 8:00 a.m. to 4:00 p.m. Monday through Friday with no work on Saturdays, Sundays or legal holidays. 5. Erosion control measures shall be reinstalled prior to commencement of any filling operation. Erosion control measures shall remain throughout the project until the slopes are fully revegetated and removal is authorized by the City. 6. All disturbed areas, as a result of this construction,must be restored with seed and disc- mulched, sod or wood-fiber blanket within two weeks from the completion of construction or no later than November 15, 1996. 7. All fill material to be placed in the ravine must be clean fill free of any debris. Clean fill consists of clay or granular-type soils. No organic or landscaping debris, asphalt or 6 Planning Commission Meeting- September 4, 1996 concrete larger than one foot in diameter will be permitted. All unsuitable material discovered must be removed by the applicant as directed by the City. 8. The applicant shall comply with the Riley-Purgatory-Bluff Creek Watershed District's permit. 9. The applicant shall daily clean dirt and debris from streets that has resulted from construction work by the applicant, its agents or assigns. If the streets are not maintained, the City shall use the applicant's security escrow to hire outside forces to complete any necessary work. 10. This interim use permit may be renewed on an annual basis. The permit shall expire one (1) year from the date of City Council approval. The applicant shall contact the City to request a formal extension 45 days prior to expiration. The renewal permit shall be subject to City Council approval for renewal. 11. The applicant shall reimburse the City for all costs incurred in the enforcement of this permit including engineering and attorney's fees. 12. The applicant shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulted from permit approval or work done in conjunction with it. The applicant shall indemnify the City and its officers and employees for all costs, damages or expenses that the City may pay or incur inconsequence of such claims, including attorneys fees. 13. In the event of default by the applicant as to any of the work to be performed by it hereunder the City, at its option,may perform the work and the applicant shall promptly reimburse the City for any expenses incurred by the City provided the applicant is first given notice of the work in default not less than four days in advance. This permit is a license for the City to act and it shall not be necessary for the City to seek a court order for permission to enter the land. If the City does any such work,the City may, in addition to other remedies, assess the cost in whole or part to the property owners. 14. The applicant must notify the City Engineer in writing a minimum of 48 hours prior to fill material being placed on site. 15. The site shall be graded in conformance with the approved ravine restoration plan prepared by Schoell &Madson dated June 6, 1995,revised June 7, 1995. 16. No work shall occur from November 16th through May 15`h. 17. City staff shall perform routine surveys of the road prior to the hauling of fill material and monitor road conditions and address any necessary repairs in a timely fashion for the residents. 7 Planning Commission Meeting- September 4, 1996 18. City staff shall a copy of the conditions of approval to all residents living on Creekwood. All voted in favor and the motion carried. Mancino: The motion carries and will go to the City Council on? Hempel: September 23`d. Mancino: September 23'1. Thank you for coming. OLD BUSINESS: Aanenson: I had two items. First item is that the City Council,you had recommended...to be interviewed for the Planning Commission and the City Council... CSM, you had recommended that they modify their architecture. Sharmin and I met with them and believe...September 9th and that's all I had under old business. Mancino: That's good to hear. Thank you. Any new business? Aanenson: No. APPROVAL OF MINUTES: Skubic moved, Joyce seconded to note the Minutes of the Planning Commission meeting dated August 21, 1996 as presented. CITY COUNCI UPDATE: Aanenson: Actually there's a could other things. We're meeting on the 26`h, which should be a large meeting. Had a few things on. Minnewashta Parkway...excuse me. Minnewashta Regional Park. The improvement and expansion. Creekside final plat...they approved that... The Creekside 2°d, which...had recommended approval of but there was...so that will be back on September 9th. They approved the antenna for Hesse Farm. Shadow Ridge. The lot split there. They approved the Sinclair with the lights was also approved. And then Paws and Claws was denied. That was one of those the City Council had thought...metal siding on the barn and brick on the rest of the...so coming back with Findings of Facts. Mancino: Thank you. Any open discussion? Aanenson: I did have an ongoing item also. Just as far as your next agenda. I appreciated everybody coming early today and I know it makes for a long meeting but I appreciate you coming early. We only have one item on the next meeting so I just thought...there's a lot of pressure so we do need to handle that but what I'd like to do, it does get dark earlier, if we could meet at 6:30, I've got a really great field trip. We'll go look at...projects. A couple of projects...and some grade changes. Just to go back and kind of see what we've done and...so we've got a field trip. I think we can get an hour in before it starts getting dark so if we could start at 6:30. Get back here and start the regular meeting by 8:00 and then we've just got... but if 8 Planning Commission Meeting- September 4, 1996 that would work for you,we'll go ahead and set it up for 6:30. And we may take two vans, because I think some of our staff would like to go too...I'd like to have Phil talk about the water quality project on Lake Lucy... Mancino: Okay,good. Any other open discussion? I hate to bring it to an adjournment,but I'd like to take a motion to adjourn the meeting. Conrad moved,Mancino seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 8:50 p.m. Submitted by Kate Aanenson Planning Director Prepared by Nann Opheim • 9 .4 CITY OF i - ,. CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, AICP, Planning Director DATE: September 23, 1996 SUBJ: Bluff Creek Natural Resources Plan At our September 4, 1996, Planning Commission meeting, an overview of the Bluff Creek Plan was presented. The intent of this meeting is to allow the Planning Commission to ask questions and receive input on the proposed land uses. Following is a proposed outline of the adoption process for the Plan: 1. October 2, 1996 Planning Commission meeting 2. October meet with property owners that are affected by the proposed land use changes 3. November 6, 1996 Planning Commission meeting-public hearing on plan 4. November 25, 1996 City Council meeting- review and adoption of plan Diane Desotelle and Ismael Martinez will be in attendance at the meeting. You may also want to think about prioritization for improvements. **Please bring your Bluff Creek Plan with you to the meeting. ADMINISTRATIVE SECTION 4 CITY OFii of .., 041 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 Action by City Administrator MEMORANDUM Endorsed ✓ VWA Modified TO: Don Ashworth, City Manager Rejected Date 9'.01-96, FROM: Todd Hoffman, Park & Recreation Director , Date Submitted to Commission Date Submitted to Council DATE: September 18, 1996 '9-43-9 SUBJ: Visitor Presentation, Steve Olinger, Chaska/Chanhassen Hockey Association(CCHA), An Ice Arena in Chanhassen Mr. Steve Olinger, President of CCHA will be present at Monday evening's City Council meeting. It is Mr. Olinger's intent to make a presentation to the City Council in regard to the potential of constructing an ice arena in Chanhassen. The hockey association is seeking the Council's input on this proposal. I estimate this presentation will take 30 minutes. The association is also appearing before the HRA (the owner of the property in question) on Thursday evening, September 19 (a copy of the report being presented to the HRA is attached). c: Park and Recreation Commission Planning Commission Todd Gerhardt, Assistant City Manager Kate Aanenson, Planning Director Charles Folch, City Engineer Scott Harr, Public Safety Director di Steve Olinger, CCHA Bob Kost, BRW vlparkhhlicearena.mem il CITY OF r, .-. i" 0 CHAN' HASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Housing& Redevelopment Authority I FROM: Todd Hoffman, Park & Recreation Director DATE: September 13, 1996 SUBJ: Presentation of Preliminary Geo-Technical Evaluation for HRA Property; Lots 5 & 6, Chanhassen Lakes Business Park 5th Addition (Proposed Ice Arena); Receive HRA Guidance on Subsequent Proceedings On May 16, 1996, the HRA authorized the preparation of a Geo-Technical evaluation report (soils study) for the aforementioned property. Braun Intertec has completed this work based on preliminary site plan work previously authored by BRW, Inc. Representatives of Braun Intertec and BRW will be present next Thursday evening both to address the HRA and answer questions. Representatives of the CCHA (hockey association) will also be present. The hockey association will be appearing before the city council on Monday, September 23 during Visitor Presentations. Staff awaits the HRA's guidance regarding this proposal. Attachments 1. Preliminary Geo-Technical Evaluation. 2. Report to the HRA dated May 7, 1996. 3. HRA Minutes dated May 16, 1996. 4. Site Plan Alternatives A & B c: Mayor and City Council Steve Olinger, CCHA Park& Recreation Commission Bob Kost, BRW, Inc (agenda included) Planning Commission Bruce Thorson, Braun Intertec(agenda Don Ashworth, City Manager included) Todd Gerhardt, Assistant City Manager Kate Aanenson, Planning Director Charles Folch, City Engineer Scott Harr, Public Safety Director g park\th\geotechnical.e CITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Housing and Redevelopment Authority FROM: Todd Hoffman, Park& Recreation Director DATE: May 7, 1996 SUBJ: Construction of an Indoor Ice Arena, Chaska/Chanhassen Hockey Association -ate. The Chaska/Chanhassen Hockey Association(CCHA) is seeking to construct an ice arena by the end of the year. The Association has been exploring potential locations in Chaska, Victoria and Chanhassen. Both Mayor Chmiel, Councilman Berquist and others have inquired about the appropriateness of Lots 5 and 6, Chanhassen Lakes Business Park 5th Addition. These lots are currently the property of the Housing and Redevelopment Authority(HRA). The attached letter addressed to Mr. Steve Olinger,the President of the CCHA, has been reviewed by the Association's committee working on this project. Mr. Olinger and/or other members of the committee will be present at your May 16 meeting to elaborate on their plans. Would the HRA be willing to lease/sell Lots 5 and 6 or a portion thereof to the CCHA for the purpose of constructing an indoor ice arena? If so, would you consider a price of$1 for a 50-100 year lease? Unbuildable soils have prohibited the development of these two lots to date. Would the HRA consider assisting the Association with soil corrections? As I stated in my letter to Mr. Olinger, the extent of soil corrections is a"big"wildcard in this entire scenario. Our inquiries with the previous owner(Opus Corporation)has only substantiated our speculation that a large percentage of the open land in Lots 5 and 6 is"bottomless." Records of past soil exploration studies have not yet been located. If records cannot be located or if soil borings were never completed, does the HRA wish to commission a soils survey? The construction of an ice arena would provide recreation for our community, act as a gathering point,and bring additional commerce to town. If Lots 5 and 6 do not work out, is the HRA interested in seeing another location pursued? The Association and I look forward to discussing this issue with you on the 16th. . _________________ _ ___________________ ____ �. � g '��:'�[�(�7� -------------'------------- ��_ -vi / '� 2/�� ° ������s�o -� ...---------.---4.1.- 0%v�� _� ' ��`�� . ' ' - v .� _� _ 271/5 ' ��—' � '----'-- --- -----'/ --.---'' __. � 360.00 ' --------- �`^ ----'--�-'---------'/ --'-----'L-____t - --'-- /'--------'-- '~� / ' / f' -----'--~--- '----�----'- _ ` ' I ' w / ti,OCS �� '/ ' | ` I ( o ~ �� ' 0:1 � «4 I� � � � | X� — | �� r,-~1 ''�� � | „...1.- I. '� m— � `� -a | / �- ~� / 11� | ' �� � ' | / / � / | / `�`� A Preliminary Geotechnical Evaluation Report for BRW, Inc. Proposed Chanhassen Ice Arena Park Place Chanhassen, Minnesota Project BABX-96-549 August 22, 1996 Braun Intertec Corporation BRAUN' Braun Intertec Corporation 6801 Washington Avenue South P.ONTE RTEC Box 39108 Minneapolis,Minnesota 55439-0108 612.941-5600 Fox:941.4151 Engineers and Scientists Serving the Built and Natural Environments' August 22, 1996 Project BABX-96-549 Mr. Bob Kost, ASLA BRW, Inc. Thresher Square 700 3rd Street South Minneapolis, MN 55415 Dear Mr. Kost: Re: Preliminary Geotechnical Evaluation for the Proposed Chanhassen Ice Arena, Park Place, Chanhassen, Minnesota We have completed the preliminary geotechnical evaluation for the proposed Chanhassen Ice Arena on Park Place in Chanhassen, Minnesota. The purpose of the evaluation was to assist you and other members of the design team in comparing the two sites and in preparing preliminary designs for foundations, slabs and pavements. The evaluation was completed in general accordance with our proposal to you dated July 10, 1996, authorized by you on July 12, 1996. Summary of Results Four standard penetration soil borings were performed, two at each of the two proposed ice arena locations. Borings ST-i and ST-2 were performed at the Alternative A location and Borings ST-3 and ST-4 were performed at the Alternative B location. The borings encountered 1 to 4 feet of topsoil overlying natural soils with the exception of Boring ST-3 which encountered 6 1/2 feet of fill over natural soils. The natural soils consisted of predominantly clayey sand and sandy lean clay with layers of silty sand and sandy silt. Consistencies ranged from rather soft near the surface to stiff at depth. Groundwater was encountered at depths of 2 to 7 feet below the surface at the time of drilling and 4 to 5 1/2 feet below the surface twenty days after drilling. Summary of Analyses and Recommendations The soil conditions encountered at the two locations were similar, with Boring ST-2 having the shallowest depth of soft soils. It appears that soil conditions should be considered a minor factor when comparing the two sites. It is our opinion that the topsoil, existing fill and soft clays would not provide adequate support for the proposed arena. We recommend removing the topsoil, fill and soft/loose soils to an approximate depth of 6 1/2 to 9 feet below the surface. The excavation should be backfilled in a controlled manner. The excavated soils will probably be too wet to reuse as backfill and fill. Imported backfill and fill will likely be required. BRW, Inc. Project BABX-96-549 August 22, 1996 Page 2 After the excavation and backfilling has been completed, it is our opinion that the proposed building be supported with typical spread footings sized to exert a maximum net allowable soil bearing pressure up to 3,000 pounds per square foot. In the pavement areas, topsoil should be removed to at least 2 feet below the bottom of the pavement in parking area, and 3 feet below the bottom of the pavement in truck and drive areas. Some subexcavation of soft sandy lean clays may also be required. It will likely be necessary to import granular backfill and fill for the pavement subgrade, unless drying weather is available during subgrade preparation. Additional Exploration Once the location of the proposed arena has been decided, we recommend additional borings to further define the required depths of excavation and backfill. The preliminary analyses and recommendations of this report should also be reviewed. General Please refer to the attached report for a more detailed summary of our analyses and recommendations. If we can provide additional assistance or observation and testing services during construction, please call Matt Ruble at (612) 942-4821 or Loren Braun at (612) 942-4817. Sincerely, Matthew P. Ruble Staff Engineer Bruce M. Thorson, PE Principal/Senior Engineer Attachment: Preliminary Geotechnical Evaluation Report mpr\b mt:mj s\bab x\g e o rpt\96 549 Table of Contents Description Page A. Introduction 1 A.1. Project 1 A.2. Purpose 1 A.3. Scope 1 A.4. Available Information 2 A.5. Locations 2 B. Results 2 B.1. Logs 2 B.2. Soils 2 B.3. Groundwater 3 B.4. Laboratory Tests 3 C. Analyses and Recommendations 3 C.1. Proposed Construction 3 C.2. Discussion 4 C.3. Building Pad Preparation 5 C.3.a. Excavation 5 C.3.b. Dewatering 5 C.3.c. Backfill and Fill 5 C.3.d. Backfill and Fill Placement and Compaction 6 C.4. Foundations 6 C.4.a. Allowable Bearing Pressure 6 C.4.b. Frost Protection 6 C.4.c. Settlement Estimates 6 C.5. Floor Slabs 6 C.5.a. Subgrade Compaction 6 C.5.b. Vapor Retarder or Barrier 6 C.5.c. Modulus of Reaction 7 C.5.d. Expansion Joints 7 C.6. Exterior Slabs 7 C.6.a. Subgrades 7 C.6.b. Frost Protection 7 C3. Utilities 8 • C.7.a. Subgrades 8 C.7.b. Dewatering 8 C.7.c. Bedding 8 C.7.d. Backfill 8 C.8. Pavements 8 C.9. Additional Exploration 9 BRW, Inc. Project BABX-96-549 August 22, 1996 Page 2 Table of Contents (Continued) Description Page D. Construction 9 D.1. Observations 9 D.2. Testing 10 D.3. Proofroll 10 D.4. Cold Weather 10 E. Procedures 10 E.1. Drilling and Sampling 10 E.2. Soil Classification 11 E.3. Groundwater Observations 11 F. General Recommendations 11 F.1. Basis of Preliminary Recommendations 11 F.2. Review of Design 12 F.3. Groundwater Fluctuations 12 F.4. Use of Report 12 F.S. Level of Care 13 Professional Certification Appendix Boring Location Sketch Descriptive Terminology Log of Boring Sheets 1 BRAUN' Braun Intertec Corporation 6801 Washington Avenue South P.O.Box 39108 INTERTECMinneapolis,Minnesota 55439-0108 612-941-5600 Fox:941-4151 Engineers and Scientists Serving the Built and Natural Environments' A. Introduction A.1. Project BRW, Inc., is designing an ice arena on Park Place in Chanhassen, Minnesota. Two alternative locations are being studied. A.2. Purpose The purpose of this preliminary geotechnical evaluation is to assist BRW and other members of the project team in comparing the two alternative sites and in preparing preliminary designs of foundations, slabs and pavements. A.3. Scope Our services were performed in general accordance with our July 10, 1996, proposal to Mr. Bob Kost of BRW. Mr. Kost authorized us to proceed on July 12. Our scope of services was limited to the following items. • Staking the boring locations and determining ground surface elevations at the boring locations. • Coordinating the locating of underground utilities near our boring locations. • Conducting four penetration test borings to a depth of 20 feet in the proposed building areas. • Returning the samples to our laboratory for visual classification and logging by a geotechnical engineer. • Conducting a limited laboratory test program to assist in estimating soil properties or conditions. • Submitting a preliminary geotechnical evaluation report containing logs of the borings, our analysis of the field and laboratory tests, and recommendations for earthwork, spread footing foundations and pavements. BRW, Inc. Project BABX-96-549 August 22, 1996 Page 2 A.4. Available Information We were provided with a plan titled "Chanhassen Park Place Ice Arena, Site Plan Alternative A," and a plan titled "Chanhassen Park Place Ice Arena, Site Plan Alternative B." These plans were produced by BRW. They were not dated and were hand-drawn. The locations of the proposed ice arena and borings were shown on the plans. A.5. Locations The borings were located in the field by our drilling crew using the apparent property lines for reference. Boring elevations were determined by the drilling crew using the top nut of the fire hydrant located on Park Place cul-de-sac with an assumed elevation of 150.0. B. Results B.1. Logs Log of Boring sheets indicating the depths and identifications of the various soil strata, penetration resistances, laboratory test data and groundwater observations are attached. The strata changes were inferred from the changes in the penetration test samples and auger cuttings. The depths shown as changes between the strata are only approximate. The changes are likely transitions and the depths of the changes vary between the borings. Geologic origins presented for each stratum on the Log of Boring sheets are based on the soil types, blows per foot, and available common knowledge of the depositional history of the site. Because of the complex glacial and post-glacial depositional environments, geologic origins can be difficult to ascertain. A detailed investigation of the geologic history of the site was not performed. B.2. Soils Borings ST-1 and ST-2 were performed at the Alternative A location and Borings ST-3 and ST-4 were performed at the Alternative B location. The borings encountered 1 to 4 feet of clayey sand and sandy lean clay topsoil overlying natural soils with the exception of Boring ST-3. Boring ST-3 encountered 6 1/2 feet of sandy lean clay, clayey sand, silty sand and poorly graded sand fill overlying natural soils. The natural soils primarily consisted of clayey sand and sandy lean clay with layers of silty sand and sandy silt. BRW, Inc. Project BABX-96-549 August 22, 1996 Page 3 The penetration resistance of the fill and topsoil varied from 4 to 6 blows per foot (BPF). The penetration resistances of the clayey soils varied from 4 to 21 BPF, indicating they ranged from rather soft at shallow depths to very stiff at depth. The penetration resistances of the natural sands and silts varied from 8 to 18 BPF, indicating they were loose to medium dense. B.3. Groundwater Groundwater was observed at a depth of 2 to 7 feet below the surface elevation immediately after withdrawal of the auger with the exception of Boring ST-4. Groundwater was not encountered in Boring ST-4 immediately after withdrawal of the auger. Groundwater was observed 4 to 5 1/2 feet below the surface 20 days after withdrawal of the auger at all of the boring locations. Due to the relatively impermeable nature of the soils, the hydrostatic groundwater level can be difficult to determine. The water observed may have been perched on the clay soils as a result of surface run-off or precipitation from rains. However, due to similar elevations between the swamp and marsh area located southwest of the borings and the groundwater elevations, the 20-day observations likely represent the hydrostatic groundwater level. These depths represented elevations (on our assumed datum) ranging from 138 1/2 at Boring ST-1 to 142 at Boring ST-3. Seasonal and annual fluctuations of the groundwater level should be anticipated. B.4. Laboratory Tests Two tests were performed to evaluate the moisture contents of the natural clay and fill soils encountered. These tests determined that the samples tested had moisture contents of 21 to 37 percent. This indicated they were wet to very wet of their optimum moisture contents. C. Analyses and Recommendations C.1. Proposed Construction BRW is preparing preliminary designs for an ice arena on Park Place in Chanhassen, Minnesota. Based on our conversation with Mr. Bob Kost, we anticipate the finished floor elevation will be 1/2 to 1 foot above the existing surface elevation, or about elevation 146 on our datum at Site A, and elevation 147 at Site B. We have assumed there will be no below-grade (basement or crawl space) spaces. BRW, Inc. Project BABX-96-549 August 22, 1996 Page 4 For the purpose of this report and without final load values, we have assumed that perimeter wall footings will not exceed 5 kips per linear foot and column loads will not exceed 100 kips per linear foot. We assume that distributed floor loads will be less than 250 pounds per square foot (psf) and concentrated floor loads will be less than 1,000 psf. We assume that the parking area will be used by light-weight trucks (pickups and cars). We assumed the truck and drive areas will not be used by more than one fully loaded delivery or garbage vehicle per day. We have assumed the floor system for the ice sheet will consist of a slab with refrigerant pipes over a layer of insulation underlain by a granular layer with a heating system to prevent frost from penetrating into the subgrade. A perimeter drain system is included to collect water from melting ice sheets. We have also assumed that the floor area around the ice sheet will be heated continuously during the winter. If the proposed loads exceed these values, if the proposed grades differ by more than 1 foot from the assumed grades, if the design location of the proposed arena changes, or if the arena will not be heated during the winter, we should be informed. Additional analyses and revised recommendations may be necessary. C.2. Discussion The borings encountered relatively thick topsoil and rather soft clays to depths of 6 1/2 to 9 feet. It is our opinion these soils are too soft to satisfactorily support foundations and slabs. We recommend removing these materials and replacing them with compacted backfill. Surcharging of the soft clay soils was considered but would not greatly reduce the amount of clay that could be left in place. Surcharging would also require a large construction delay which may be impractical. The soil conditions encountered at the two locations were similar, with Boring ST-2 having the shallowest depth of soft soils. It appears that soil conditions should be considered a minor factor when comparing the two sites. A swamp and marsh area is located south and west of the proposed arena location. The ground surface elevations at the borings are slightly above the marsh and swamp elevations. The water encountered at the boring locations may be perched on the clay materials but it is likely the water levels are near the hydrostatic groundwater levels due to the similar elevations. We BRW, Inc. Project BABX-96-549 August 22, 1996 Page 5 anticipate the water will be encountered during excavation but will not enter the excavation in large quantities or rapid velocities due to the relatively impermeable nature of the encountered soils. C.3. Building Pad Preparation C.3.a. Excavation. We recommend removing the topsoil, fill and soft clay. See Table 1 below for the approximate recommended excavation depths. Table 1. Approximate Depths of Excavation Approximate Approximate Bottom Approximate Surface Recommended Excavation of Excavation Boring Elevation* Depth (feet) Elevations ST-1 144 7 137 ST-2 145 7 138 ST-3 146 9 137 ST-4 146 1/2 9 137 1/2 * The boring elevations were determined by our drilling crew using the top nut of the hydrant on the Park Place cul-de-sac as a reference with an assumed elevation of 150.0. The excavation should be oversized. The recommended criteria for oversizing is 1 foot of lateral excavation for each foot of fill placed below foundations. Oversizing the excavation will provide lateral stability to the foundations. C.3.b. Dewatering. Based on the borings it is anticipated and recommended that sump pumps be used to remove water from the excavation. Care should be taken to prevent disturbance of the excavation bottom soils by construction equipment. C.3.c. Backfill and Fill. Gravel, sand, silt or clay with a plastic index less than 25 may be used to backfill the excavation. Sand or sandy gravel are the preferred materials. We anticipate the excavated nonorganic lean clays will be too wet to be reused as backfill unless they can be spread and dried. Because the bottom of the excavation will be wet, we BRW, Inc. Project BABX-96-549 August 22, 1996 Page 6 recommend the initial 2 feet of backfill on the bottom of the excavation consist of a clean sand with less than 50 percent by weight passing the number 40 sieve and less 5 percent by weight passing a 200 sieve. C.3.d. Backfill and Fill Placement and Compaction. Backfill and fill should be placed in 8-to 12-inch thick lifts and compacted with a large vibratory compactor. Backfill should be compacted to a minimum of 97 percent of its maximum dry density determined in accordance with American Society for Testing and Materials (ASTM) Test Method D 698 (standard Proctor). C.4. Foundations C.4.a. Allowable Bearing Pressure. Once the building pad is prepared as recommended above, we recommend footings be sized to exert a maximum soil bearing pressure of 3,000 psf. C.4.b. Frost Protection. We recommend perimeter footings be placed a minimum of 3 1/2 feet below the adjacent exterior grade to provide adequate frost protection. C.4.c. Settlement Estimates. We estimate total and differential settlement of the foundations will be less than 1 inch and 1/2 inch, respectively, under the assumed loads. C.S. Floor Slabs C.5.a. Subgrade Compaction. Fill material placed below floor slabs and in interior utility trenches should be compacted to a minimum of 97 percent of its standard maximum Proctor dry density. Fill should be placed in 8- to 12-inch thick lifts. C.5.b. Vapor Retarder or Barrier. The insulation will serve as a vapor retarder for the ice sheet floor. For the remaining floors, we recommend a vapor retarder or barrier be placed beneath the slab if floor coverings or coatings less permeable than the slabs will be used. Industry standards suggest covering the retarder or barrier with a layer of sand, but this practice risks trapping water between the slab and vapor retarder or barrier: BRW, Inc. Project BABX-96-549 August 22, 1996 Page 7 C.5.c. Modulus of Reaction. If sand fill is used, it is our opinion that a modulus of subgrade reaction, k, of 250 pounds per square inch per inch of deflection (pci) may be used to design the floor. If clay fill is used, we recommend it be covered with a minimum of 6 inches of road base aggregate and a modulus of subgrade reaction of 100 pci be used to design the floor. C.5.d. Expansion Joints. We recommend an expansion joint be provided around the perimeter of the refrigerated ice sheet floor slab, separating it from the remaining floor slab area. The thickness of this expansion joint should be at least 3/4 inch. C.6. Exterior Slabs C.6.a. Subgrades. We recommend topsoils be removed from beneath the proposed slabs. Fills and backfills should be compacted to a minimum of 95 percent of their standard Proctor maximum dry densities. C.6.b. Frost Protection. Lean clays are frost-susceptible soils. If these soils become saturated and freeze, 1 to 2 inches of heave may occur. This heave can be a nuisance for slabs or steps in front of doors and at other critical grade areas. One way to reduce this heave is to remove the frost-susceptible soils down to bottom-of-footing level and replace them with nonfrost-susceptible sand or sandy gravel. Sand or sandy gravel with less than 5 percent of the particles by weight passing a number 200 sieve is nonfrost-susceptible. If this approach is used, we recommend a drain pipe be installed to remove any water that may collect in the sand or sandy gravel. The bottom of the subexcavation should be graded so the water flows to the center where it can be collected by the pipe and drained to a storm sewer, another drain tile, or a water collector system for discharge. An alternative method of reducing frost heave is to place a minimum of 2 inches of extruded polystyrene foam insulation beneath the slabs and extending about 4 feet beyond the slabs. The insulation will reduce frost penetration into the underlying subgrade and thereby reduce heave. Six to 12 inches of granular material is generally placed over the insulation to protect it during construction. BRW, Inc. Project BABX-96-549 August 22, 1996 Page 8 C.7. Utilities C.7.a. Subgrades. Trench bottoms shallower than 6 1/2 to 9 feet will have rather soft topsoil or clay bottoms. It may be necessary to subcut 1/2 to 2 feet and backfill with stabilizing aggregate to provide stable trench bottoms. C.7.b. Dewatering. Groundwater will likely enter trenches extending more than 4 to 5 1/2 feet below the existing ground surface. We anticipate the trenches can be dewatered with sumps and pumps located in the sides of the trenches, or from within the stabilizing aggregate. C.7.c. Bedding. It is our opinion the on-site materials will not provide suitable bedding for utility conduits. It will be necessary to import granular bedding for utility conduits. C.7.d. Backfill. We recommend the backfill placed in exterior utility trenches be free of vegetation and roots and have an organic content of not more than 10 percent. We recommend fill placed in utility trenches under parking areas have an organic content of not more than 5 percent. Fill material placed within the upper 3 feet of the pavement section should be placed according to the procedures discussed in the following section. Fill material placed in utility trenches in green areas should be compacted to a minimum of 90 percent of its standard Proctor maximum dry density. In building and pavement areas, compaction criteria for the respective area should be followed. Excavated site soils will likely be too wet to use as backfill beneath the building and pavement areas, unless they can be spread and dried. Imported backfill will likely be required. C.S. Pavements We recommend removing the topsoil, fill and soft material to 2 feet below the bottom of the pavement in parking areas and 3 feet below the bottom of the pavement in truck and drive areas. (The bottom of the recommended gravel base should be considered the bottom of the pavement.) The resulting surface should be scarified to a depth of 6 inches and compacted to a minimum of 95 percent of its standard Proctor maximum dry density. Drying weather will be necessary to achieve this compaction. Backfill and fill placed below parking areas should have an organic content of less than 5 percent. Fill placed within the upper 2 feet of the subgrade should consist of a clean imported sand with not more than 5 percent by weight passing the number 200 sieve and not BRW, Inc. Project BABX-96-549 August 22, 1996 Page 9 more than 50 percent by weight passing a number 40 sieve. The pavement section should consist of a 1 1/2-inch thick bituminous wearing course, 1 1/2-inch thick bituminous base course, and a 4-inch thick aggregate base. Backfill and fill placed below truck and drive areas should have an organic content of not more than 5 percent. Fill material placed within the upper 3 feet of the subgrade should be a clean sand. The pavement section should consist of a 1 1/2-inch thick bituminous wearing course, 1 1/2-inch thick bituminous base course, and a 6-inch thick aggregate base. Fill placed within the upper 2 feet of parking areas and the upper 3 feet of truck and drive areas should be compacted to a minimum of 100 percent of the standard Proctor maximum dry density. Backfill and fill material placed more than 3 feet below the parking and drive areas should be compacted to a minimum of 95 percent of its standard Proctor maximum dry density. If the scarified subgrade is unstable, a geotextile should be placed below the clean sand. The elevations of the bottoms of the sand layers should be designed to provide drainage of water entering the sand. Drain tile may be needed to accomplish the drainage. Water should be routed to a sump and then drained by a pump or gravity to a storm sewer or low area of the site. C.9. Additional Exploration Once the location of the proposed arena has been decided, we recommend additional borings to further define the required depths of excavation and backfill. The preliminary analyses and recommendations of this report should also be reviewed. D. Construction D.1. Observations We recommend all excavation, footing, slab and pavement subgrades be observed by a geotechnical engineer or a geotechnical engineering technician under the direction of a geotechnical engineer to evaluate if the subgrade soils are similar to those encountered by the borings and adequate to support the proposed construction. Oversize of excavations below perimeter footing grades should be checked. These observations should be conducted prior to placing backfills, fills or forms for footings. BRW, Inc. Project BABX-96-549 August 22, 1996 Page 10 D.2. Testing We recommend density tests of backfills and fills placed beneath footings, slabs and pavements. We also recommend density testing of the compacted pavement subgrade and gravel base course. Samples of proposed backfill and fill materials should be submitted to our testing laboratory at least three days prior to placement for evaluation of their suitability and determination of their optimum moisture contents and maximum dry densities. D.3. Proofroll As a final check subsequent to placement of the aggregate base, we recommend that the entire roadway be proofrolled. This precautionary measure will assist in detecting localized soft spots. Any soft spots noted during the proofrolling process may require additional subcuts. A qualified geotechnical engineer should observe the proofrolling process to make a final evaluation of the subgrade. D.4. Cold Weather If site grading and construction is anticipated during cold weather, we recommend that good winter construction practices be observed. All snow and ice should be removed from cut and fill areas prior to additional grading. No fill should be placed on soils which have frozen or contain frozen material. No frozen soils should be used as fill. Concrete delivered to the site should meet the temperature requirements of ASTM C 94. Concrete should not be placed upon frozen soils or soils which contain frozen material. Concrete should be protected from freezing until the necessary strength is attained. Frost should not be permitted to penetrate below footings bearing on frost-susceptible soil since such freezing could heave and crack the footings and/or foundation walls. E. Procedures E.1. Drilling and Sampling The penetration test borings were performed on July 23, 1996, with a core and auger drill equipped with 3 1/4-inch inside diameter hollow-stem auger mounted on an all-terrain vehicle. Sampling for the borings was conducted in general accordance with ASTM D 1586, "Penetration Test and Split-Barrel Sampling of Soils," Using this method, the borehole was advanced with the hollow-stem auger to the desired test depth. A 140-pound hammer falling 30 inches was then used to drive the standard 2-inch split-barrel sampler a total penetration of BRW, Inc. Project BABX-96-549 August 22, 1996 Page 11 1 1/2 feet below the tip of the hollow-stem auger. The blows for the last foot of penetration were recorded and are an index of soil strength characteristics. Samples were taken at 2 1/2-foot vertical intervals to the 15-foot depth and then at 5-foot intervals to the termination depths of the borings. A representative portion of each sample was then sealed in a glass jar. E.2. Soil Classification Soils encountered in the borings were visually and manually classified in the field by the crew chief in general accordance with ASTM D 2488, "Description and Identification of Soils (Visual-Manual Procedures)." A summary of the ASTM classification system is attached. All samples were then returned to our laboratory for review of the field classifications by a geotechnical engineer. Representative samples will remain in our Minneapolis office for a period of 60 days to be available for your examination. E.3. Groundwater Observations Immediately after taking the final samples in the bottoms of the borings, the holes were probed through the hollow-stem auger to check for the presence of groundwater. Immediately after withdrawal of the auger, the holes were again probed and the depths to water or cave-ins were noted. The borings were rechecked for the presence of groundwater 20 days after withdrawal of the auger. F. General Recommendations F.1. Basis of Preliminary Recommendations The preliminary analyses and recommendations submitted in this report are based upon the data obtained from the soil borings performed at the locations indicated on the attached sketch. Variations occur between these borings, the nature and extent of which will not become evident until additional exploration or construction is conducted. A reevaluation of the recommendations of this report should be made after performing on-site observations during construction and noting the characteristics of the variations. The variations may result in additional foundation costs, and it is suggested a contingency be provided for this purpose. To permit correlation of the soil data obtained to date with the actual soil conditions encountered during construction and to provide continuing professional responsibility for the conformance of the construction to the concepts originally contemplated in this report and to the plans and specifications, it is recommended we be retained to develop and perform the BRW, Inc. Project BABX-96-549 August 22, 1996 Page 12 recommended observation and testing program for the excavation and foundation phases of the project. If others perform the recommended observations and/or testing of construction, professional responsibility becomes divided since, in doing so, they assume responsibility for evaluating that the soil conditions throughout the construction areas are similar to those encountered in the borings or recognizing variations which require a change in recommendations. F.2. Review of Design This report is based on the preliminary design of the proposed structure as submitted to us for the preparation of this report. Because of the limited amount of information available, a number of assumptions were necessary to permit us to make recommendations. It is recommended we be retained to review the final design and specifications to determine whether those assumptions were correct and whether any change in concept may have had an effect on the validity of our recommendations, and whether our recommendations have been implemented in the design and specifications. If we are not permitted an opportunity to make this recommended review, we will not be liable for losses arising out of incorrect assumptions, design changes, or misinterpretation or misapplication of our recommendations. F.3. Groundwater Fluctuations Water level readings have been made in the borings at the times and under the conditions stated on the boring logs. These data have been reviewed and interpretations made in the text of this report. However, it must be noted the period of observation was relatively short and that fluctuations in the groundwater level may occur due to rainfall, flooding, irrigation, spring thaw, drainage, seasonal and annual variations and other factors not evident at the time measurements were made and reported herein. Design drawings and specifications and construction planning should recognize the possibilities of variations. F.4. Use of Report This report is for the exclusive use of the addressee and the copied parties to use to design the proposed structure and prepare construction documents. In the absence of our written approval, we make no representation and assume no responsibility to other parties regarding this report. The data, analyses and recommendations may not be appropriate for other structures or purposes. We recommend parties contemplating other structures or purposes contact us. BRW, Inc. Project BABX-96-549 August 22, 1996 Page 13 F.5. Level of Care Services performed by Braun Intertec Corporation personnel for this project have been conducted with that level of care and skill ordinarily exercised by members of the profession currently practicing in this area under similar budget and time restraints. No warranty, expressed or implied, is made. Report Prepared By: Matthew P. Ruble Staff Engineer Professional Certification I hereby certify that this report was prepared under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Bruce M. Thorson, PE Principal/Senior Engineer Registration Number: 10376 Appendix 1 , ‘,OC'' pPR /.- \ 1 6dN/- \ • I PPPR�i':--' - % )1i 1 , 1 1I , , 1 � 111 , 1 IIri , , Q : : ,/' /' ST-2� /- /,' ICE ` 1 /'- / ENA • ' Iz ST-1 EXISTING o 11 CUL-DE-SAC ol ; ; --- I '' ; 11 / \ ..—"—V7.2.7-- 1 [IL __,..--:-%-"-- .. \ •, 1 • � 1 I 1 Aq4�A•• I. 11 1 ' i%:%:"C, II I _-:;:-.>---------- \ \- "*.. CHANHASSEN PARK PLACE ICE ARENA ALTERNATIVE "A" 100' 0 200' SCALE 1'20O' INT REVISION SHEET B LAU Nr SOIL BORING LOCATION SKETCH DRAWN BY: DAG 08-14-96 GEOTECHNICAL EVALUATION APP'D BY: LW8 08-14-96 OF 1 NTE RTE C PROPOSED ICE ARENA JOB No. BABX-96-549 CHANHASSEN, MINNESOTA DK. No. A66549 FIGURE NO. SCALE 1"=200' Pia, OF ,• .,\. ' \ e , " PR ./....-•'' ) I i, ' ; I ST-4 ' 1 III ST-3 I i •�/---- ,ice IQ of ILII `�� o . 1 : : „/ -. . 81 1 I �� �, p I ; ; ;. --/ \ .s /i / , [-1 L _,..-'.7;:*;:>-. e,e i ° III 111)� - % A�1 = � a I I I II '\ \''' ..... CHANHASSEN PARK PLACE ICE ARENA ALTERNATIVE "B" tik 100' 0 200' SCALE 1'•200' INT REVISION SHEET B RAU N' SOIL BORING LOCATION SKETCH DRAWN BY: CMC 08-14-96 GEOTECHNICAL EVALUATION APQ'O BY: LWB 08-14-96 OF INTERTEC PROPOSED ICE ARENA ,roe No. BABX-96-549 CHANHASSEN, MINNESOTA DWG. NO. AB 6549 FIGURE N0. SCALE 1"-200' Descriptive Terminology (1110 Designation D 2487-83 PARTICLE SIZE IDENTIFICATION • Boulders over 12" Cobbles 3'to 12' I Standard Test Method for Gravel • CLASSIFICATION OF SOILS FOR ENGINEERING PURPOSES Coarse 3/4'x' SOIL CLASSIFICATION• Fine No. A-3/4' CRITERIA FOR ASSIGNING GROUP SYMBOLS AND Sand GROUP NAMES USING LABORATORY TESTS• GROUP SYMBOL GROUP NAME• Coarse No.4—No. 10 '^ co GRAVELS CLEAN GRAVELS C >d and 1 5 C,<3• GW W.11grao.d gravel' Medium No. 10—No.40 §1 More than SO%of Lou than S%fins' C.<4 and/or 1 >C.>3• GP Poorly graded gravel Fine No. 40—No. 200 n'a : coarse Fraction Z .•_ rosined an GRAVELS WITH FINES Fines closs:Fy o.ML or MH GM Silty gravel'+• Silt No. 200—.005 mm <0 8 No.4 sieve M01'1'1'00 tin 12% ..' Finm Cl s classify or CH GC Clayey gravel'•• Clay less than.005 mm N Q y d SANDS CLEAN SANDS C >6 and 1 <C.<3• SW weltg od.d.and• .• 2 Z sox a than mor.el Less an s%lines' C.<6 and/or I >C,>3• SP Poorly graded sand. RELATIVE DENSITY OF O -- €°°'•'•troche"P° SANDS WITH FINES Fines clouiy as Ml or MH SM Say vend•' CO HE NSIONLESS SOILS tJ No.4 sieve Mon aha'•12%FInes' Fines douiy at C.I.or CH SC Clayey sand•"' very loose 0-4 BPF PI>7 and plots on or above'A'in.' Cl loan cloy ▪ saTsatvDCLAYs i"oga K loose 5-10 BPF O= > Liquid limit %<I a plots b.bw'A•lin.' ML S�"- 11-30 BPF vs _ qui medium dense o u lass clan 50% organic liquid limit••oven dried <0.75 OL Organic day 3 1-50 BPF Z g Liquid lima•not dried Organic yt..••• dense • e Pt pots on or above'A'6n. CM Fad day•+� very dense 50+ BPF Z 2 SILTS AND CLAYS morgan c P1 plots below'A'kin. MH Elastc silt vs' liquid lime CONSISTENCY OF COHESIVE SOILS h 50%ocmons ergonie Liquidb'mit-oven dried <0.7s OH Organic day'-s'+ Liquid limit.not dried Organic UN•••••• very soft 0-1 BPF S Hiahiy orgonic soils Primarily organic manor.dock in color,and organic odor PT Poor soft 2-3 BPF a. Reed on the notenal passing the 3.n 175-..)sieve. rather sok 4-5 BPF • b. R field sample contend cobbles and/or boulders.odd',oak cobbles and/er bovlden'b grove ran.. medium 6-8 BPF <. Growl. nth 5 b 12%Anes reasons dud symbols. rather stiff 9-12 BPF GW-GM w.iL m4ed growl woh silt GWGC weSirod•d gravel w•h day stiff 13-16 BPF GPS poorly gred'd gassed with sib very stiff 17-30 BPF poorly graded growl watt clay 1 Sands will to 12%fines requite dud symbols. hard 30+ BPF SW-SM weRgrod.d sand wnh sit 5W5C w.agradedsand w,tbday DRILLING NOTES SPSM Doody graded sand wok silt SP-SC poorly graded sand wpm cloy a. v C.D.,, ... C,.10..,FStandard penetration test borings were advanced by D. •D 3 1/4'or 6 1/4'ID hollow-stem augers unless noted other- f. If sal corooms s 15%send,odd'weft sand'to group nome. g. R fines classify as CL-ML,ot•dual symbol GC-GM,SC-SM, wise. Jetting water was used to clean out auger prior to b. i Ano ate organic,add'mat,ergo..Anes'to group name. sampling only where indicated on logs. Standard penetration r. If so•i oo.a,.s.IS%gravel,odd'work gra,er b group name test borings are designated by the prefix'ST'(Split Tube). t. *AMra.g limits plot in hatched area,sal a a CLML,srby cloy. k. 9 sal rontoms IS to 29%plus No.200,odd'wok sand'or'wall gravel'whichever Is pteoan,nant. Power auger borings were advanced by 4'or 6'diameter, I. 4 sod caatoins>30%plus No.200,predeminanty sand,odd'sondy'to group nom•. f.ea cone:..>30•plot No.200,pr.donrnontfy growl,odd'gmwm lly'io group na •. continuous Rite,solid stem augers. Soil classification and strain I. P1_4 and pints on or above•A'Ln.. depths ore inferred from disturbed samples augered to the o. PI a 4 or plots boa..'A'tin.. surface and ore,therefore,somewhat approximate. Power p. 7,1 plots on orabove'A'Line. auger borings are designated by the prefix'B". 4. ii pias:solo "A'Lee. Hand probings were advanced monuolly with o 1 1/2' 60 For alalia 6caion / diameter probe and are limited to the depth from which the ave.e f onevrainel h .s ucas. of i� probe can be manually withdrawn. Hand probings ore indicated by the prefix'H'. a, Eaootion of'A'.1:.e F. ?C HoitontdaR.4bLL.2s5. ��j �r� SAMPLING: All samples ore token with the standard 2'O.D. 1 W A0 _ thew"'D L11'2C1 ., r?' -► split-tube sampler,except where noted. TW indicates thin-wall CI Eauavon ce ls's•. i & (undisturbed)sample. ? u.mcal co t1-16 a P1-7, " oras I 3C 'v It...P1.0.9111-81 1i BPF: Numbers indicate blows Qe_foot recorded in standard / • penetration test also known as N value. The sampler is set i, N � 6'into undisturbed soil below the hollow-stem auger. Driving 20 i." 07 ON" MH OR OH resistances are then counted for second and third 6'increments a �iand added to get BPF. Where they differ significantly,they are 0. • 10 reported in the following form-2/l 2 for the second and third _ 6 increments,respectively. l/RR•fM.W./ Ml OR ole o I 1 WH: WH indicates the sampler penetrated soil under weight 0 10 16 20 30 so so 60 70 S0 90 100 110 of hammer and rods alone,driving not required. I LIQUID LIMIT(LL)) WR: WR indicates the sampler penetrated soil under weight of LABORATORY TESTS rods alone,hammer weight and driving not required. NOTE: All tests run in general accordance with applicable I DD Dry Density,pcf OC Organic Content,% ASTM standards. j WD Wet Density,pci S Percent of Saturation, MC Natural Moisture Content,% SG Specific Gravity BRAUN' Ll Liquid limit,% C Cohesion,psi PL Plastic Limit,% 0 Angle of Internal Friction 1 P1 Plasticity Index,% 1 qu Unconfined Compressive Strength,psi I N T E RT E C P200 %f assing 200 Sieve qp Pocket Penetrometer Strength,tsf LOG OF BORING PROJECT: BABX-96-549 BORING: ST-1 GEOTECHNICAL EVALUATION Proposed Chanhassen Ice Arena Locations LOCATION: Park Place See attached sketch. Chanhassen, Nfinnesota DRILLER: M.McWilliams METHOD: 3 1/4'HSA Std. Hmr. DATE: 7/23/96 SCALE: 1' =4' Elev. Depth ASTM 144.2 0.0 Symbol Description of Materials BPF WL Tests or Notes SC ;/:.. CLAYEY SAND, fine- to medium-grained, with - fine GRAVEL, black to dark brown, wet. _ Elevation Reference: The (Topsoil) reference used for the boring —7.< elevations was the top nut of 6 the hydeant at the cul-de-sac - 7 on Park Place with an assumed 140.2 4.0 elevations of 150.0. CL SANDY LEAN CLAY, with fine GRAVEL and — strata and layers of Silty Sand and Poorly Graded - 4 qu = 1.0 tsf Sand with Silt, brown mottled with gray and dark x t MC = 34% 137.7 6.5 % brown, wet, rather soft to medium. - ,- SM \ (Glacial Till) SILTY SAND, fine-to medium-grained, with fine k 8 r : GRAVEL, grayish brown, wet to waterbearing, -e 135.2 9.0 loose. CL J \ (Glacial Outwash) T SANDY LEAN CLAY, with lenses of Silty Sand -- 12 qu2 21% and Poorly Graded Sand with Silt, grayish brown to dark gray mottled with brown and reddish brown, - wet, rather stiff to stiff. (Glacial Till) x IS An open triangle in the water — level (WL)column indicates k 14 the depth at which groundwater was observed — — while drilling. A solid • _ triangle indicates the — groundwater level in the boring on the date indicated. — Groundwater levels fluctuate. jPlease refer to the discussions 723.7 20.5 �� 12 in Sections B.3 and F.3 of our x report. END OF BORING. Water not observed with 19' of hollow-stem auger - in the ground. - Water down 3' immediately after withdrawal of • — auger. Water down 5'5" twenty days after withdrawal of - the auger. - Boring then backfilled. - l BABX-96-549 Braun Intertec-8/22/96 ST-1 page 1 of 1 I LOG OF BORING PROJECT: BABX-96-549 BORING: ST-2 GEOTECHNICAL EVALUATION N I ATO : LOC Proposed Chanhassen Ice Arena Locations SeeT LOCATION: sketch. Park Place Chanhassen, Minnesota DRILLER: M.McWilliams METHOD: 3 1/4'HSA Std. Hmr. DATE: 7/23/96 SCALE: 1' =4' Elev. Depth ASTM 145.3 0.0 Symbol Description of Materials BPF WL Tests or Notes CL % SANDY LEAN CLAY, black, wet. 144.3 1.0 (Topsoil) CL \ T SANDY LEAN CLAY, with fine GRAVEL and a trace of Silty Sand and Poorly Graded Sand with X 6 qu = 0.2 tf Silt, brownish gray mottled with reddish brown, -s medium, wet. (Glacial Till) _ 1 _,X 6 qu = 1.0 tsf X 138.8 6.5 CL SANDY LEAN CLAY, with a trace of fine Gravel, SZ seams of Silty Sand and Poorly Graded Sand with X 8 - qu = 2.0 tsf Silt, brownish gray to dark gray mottled with -..x reddish brown and dark brown, medium to stiff, _ wet. (Glacial Till) __ X 13 With fine Gravel below 11 1/2'. X 12 —'`X12 4.8 20.5 16 r END OF BORING. Water not observed with 19' of hollow-stem auger in the ground. _ Water down 7' immediately after withdrawal of auger. — Water down 4'5" twenty days after withdrawal of auger. Boring then backfilled. - BABX-96-549 Braun Intertec-8/22/96 ST-2 page 1 of 1 LOG OF BORING PROJECT: BABX-96-549 BORING: ST-3 GEOTECHNICAL EVALUATION LOCATION: Proposed Chanhassen Ice Arena Locations Park Place See attached sketch. Chanhassen, Minnesota DRILLER: M.McWilliams METHOD: 3 1/4'HSA Std. Hmr. DATE: 7/23/96 SCALE: 1' =4' Elev. Depth ASTM 145.9 0.0 Symbol Description of Materials BPF WL Tests or Notes FILL ;{; FILL: Sandy Lean Clay, black, wet. (Topsoil) 143.9 2.0 FILL FILL: Sandy Lean Clay with Clayey Sand, Silty x 6 - MC = 37% - '''' Sand and Poorly Graded Sand with Silt, Topsoil and -z qu = 0.7 tsf roots, brownish gray mottled with reddish brown, dark brown and black, wet. 4 ISI -139.4 6.5 — _ CL "// LEAN CLAY, with lenses of Sandy Silt and Silty Sand, gray mottled with grayish brown, rather soft, x 4 wet. -x 136.9, 9.0 � f (Glaciofluvium) SC . CLAYEY SAND, with fine to coarse GRAVEL, _R 8 MC = 28% /. seams of Silty Sand, brown mottled with dark —mac brown, wet, medium to very stiff. (Glacial Outwash) - ✓:'. 7 11 y 21 126.9 19.0 CL SANDY LEAN CLAY, with fine to coarse 725.4 , 20.5 GRAVEL, dark gray, wet, stiff. —.x 14 (Glacial Till) END OF BORING. - Water down 19' with 19' of hollow-stem auger in - the ground. — Water down 2' immediately after withdrawal of auger. Water down 4' twenty days after withdrawal of auger. - Boring then backfilled. - BABX-96-549 Braun Intertee-8/22/96 ST-3 page 1 of 1 LOG OF BORING PROJECT: BABX-96-549 BORING: ST-4 GEOTECHNICAL EVALUATION : ATION Proposed Chanhassen Ice Arena Locations LOCSee LOCATION: sketch. Park Place Chanhassen, Minnesota DRILLER: M.McWilliams METHOD: 3 l/4'HSA Std. Hmr. DATE: 7/23/96 SCALE: I' =4' Elev. Depth ASTM 146.4 0.0 Symbol Description of Materials BPF WL Tests or Notes CL %/f LEAN CLAY, black, wet. %% (Topsoil) 4 142.4 4.0 CL / SANDY LEAN CLAY, with a trace of fine Gravel, brownish gray mottled with reddish brown, rather 4 1 qu = 0.8 tsf soft. 139.9 6.5 % (Glacial Till) CL SANDY LEAN CLAY, with fine to coarse GRAVEL, with lenses of Silty Sand, Sandy Silt and x 4 qu = 1.0 tsf Poorly Graded Sand with Silt, brownish gray to 137.4 9.0 dark gray mottled with reddish brown, rather soft, CL 4wet. (Glacial Till) 7R 8 qu = 1.3 tsf SANDY LEAN CLAY, with fine to coarse GRAVEL, with lenses of Silty Sand, Sandy Silt and – Poorly Graded Sand with Silt, brownish gray to dark gray mottled with reddish brown, medium to k 8 qu = 1.4 tsf rather stiff, wet. �- (Glacial Till) – 11 127.4 19.0 ML SANDY SILT, with a trace of Sandy Lean Clay, dark gray, medium dense, wet. _x 18 5.9 20.5 (Glaciofluvium) END OF BORING. _ Water not observed with 19' of hollow-stem auger – in the ground. 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