Agenda and PacketAGENDA
CHANHASSEN PLANNING COMMISSION
TUESDAY, MAY 5, 2020, 7:00 PM
CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD
A.CALL TO ORDER
B.PUBLIC HEARINGS
1.Consider a Request to Amend the PUD at 7801 Audubon Road (Paisley Park)
2.Consider a Request for Approval of the Subdivision of 6.4 Acres into Two Single
Family Lots with Variances for Property Located at 1641 W. 63rd Street (Nye
Addition)
C.NEW BUSINESS
1.Election of Chair and ViceChair
2.Adoption of Bylaws
D.APPROVAL OF MINUTES
1.Approval of Planning Commission Minutes dated February 18, 2020
E.ADMINISTRATIVE PRESENTATIONS
1.City Council Action Update
F.ADJOURNMENT
NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in the official bylaws.
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 Chairperson 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.
If a constituent or resident sends an email to staff or the Planning Commission, it must be made part of the
public record based on State Statute. If a constituent or resident sends an email to the Mayor and City Council, it
is up to each individual City Council member and Mayor if they want it to be made part of the public record or
not. There is no State Statute that forces the Mayor or City Council to share that information with the public or
be made part of the public record. Under State Statute, staff cannot remove comments or letters provided as part
of the public input process.
PLANNING COMMISSION STAFF
REPORT
Tuesday, May 5, 2020
Subject Consider a Request to Amend the PUD at 7801 Audubon Road (Paisley Park)
Section PUBLIC HEARINGS Item No: B.1.
Prepared By MacKenzie YoungWalters, Associate
Planner
File No: Planning Case No. 202004
PROPOSED MOTION:
The Chanhassen Planning Commission recommends that the City Council approve the proposed amendments to
Paisley Park’s Planned Unit Development (PUD) Ordinance.
SUMMARY OF REQUEST
Paisley Park has requested that the city amend the PUD that governs the property in order to allow them additional
flexibility in hosting events. Specifically, they are requesting that they be allowed to host an unlimited number of events
with under 200 attendees, 12 events per year with over 200 attendees, and one outdoor event per year, subject to the
requirements of the city’s Special Event Ordinance. The events with over 200 attendees would also require a city
issued permit.
A full discussion of each proposed change to the PUD is presented in the attached staff report.
APPLICANT
Paisley Park
SITE INFORMATION
PRESENT ZONING: Planned Unit Development
LAND USE:Office Industrial
ACREAGE: 9.01 Acres
DENSITY: NA
BACKGROUND
On October 24, 2016, the Chanhassen City Council approved Ordinance 616 that rezoned Paisley Park from
Industrial Office Park (IOP) to Planned Unit Development (PUD). Ordinance 616 allowed for the use of the site as a
museum and recording studio with accessory sales and up to 12 indoor concerts per calendar year. Both alcohol sales
PLANNING COMMISSION STAFFREPORTTuesday, May 5, 2020SubjectConsider a Request to Amend the PUD at 7801 Audubon Road (Paisley Park)Section PUBLIC HEARINGS Item No: B.1.Prepared By MacKenzie YoungWalters, AssociatePlanner File No: Planning Case No. 202004PROPOSED MOTION:The Chanhassen Planning Commission recommends that the City Council approve the proposed amendments toPaisley Park’s Planned Unit Development (PUD) Ordinance.SUMMARY OF REQUESTPaisley Park has requested that the city amend the PUD that governs the property in order to allow them additionalflexibility in hosting events. Specifically, they are requesting that they be allowed to host an unlimited number of eventswith under 200 attendees, 12 events per year with over 200 attendees, and one outdoor event per year, subject to therequirements of the city’s Special Event Ordinance. The events with over 200 attendees would also require a cityissued permit.A full discussion of each proposed change to the PUD is presented in the attached staff report.APPLICANTPaisley ParkSITE INFORMATIONPRESENT ZONING: Planned Unit DevelopmentLAND USE:Office IndustrialACREAGE: 9.01 Acres DENSITY: NA BACKGROUNDOn October 24, 2016, the Chanhassen City Council approved Ordinance 616 that rezoned Paisley Park from
Industrial Office Park (IOP) to Planned Unit Development (PUD). Ordinance 616 allowed for the use of the site as a
museum and recording studio with accessory sales and up to 12 indoor concerts per calendar year. Both alcohol sales
and outdoor events were listed as prohibited uses within the PUD.
On January 8, 2018, the Chanhassen City Council approved Ordinance 630 amending the PUD to allow for alcohol to
be sold from January 29, 2018 through February 5, 2018.
On January 14, 2019, the Chanhassen City Council approved Ordinance 638 amending the PUD to allow for alcohol
sales in conjunction with a temporary event permit.
On January 27, 2020, the Chanhassen City Council discussed the potential for amending the PUD to allow for
additional events.Staff was directed to draft language for a potential amendment.
On February 10, 2020, the Chanhassen City Council discussed proposed language for amending the PUD to allow for
additional events. Staff was directed to bring the proposed language before the Planning Commission for a public
hearing.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the proposed amendment. Staff believes that
the proposed amendment will allow Paisley Park additional flexibility without negatively impacting public safety or the
surrounding land uses.
ATTACHMENTS:
Paisley Park Events Staff Report
Development Review Application
Narrative
Special Events Ordinance
January 27, 2020 City Council Work Session Memo
CITY OT CIIANIIASSXN
Chanhassen is a Community for Life - Providing for Today and Planning for Tomonow
MEMORAI\IDUM
TO: Planning Commission
FROM: MacKenzieYoung-Walters,AssociatePlanner
DATE: March17,2020
SUBJ: Paisley Park Events Amendment
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends that the City Council approve the
proposed amendments to Paisley Park's Planned Unit Development (PUD) Ordinance."
ISSUE
Paisley Park has requested that the city amend its PUD Ordinance to allow for increased
flexibility in hosting events.
Paisley Park has requested that the city amend the PUD that govems the property in order to
allow them additional flexibility in hosting events. Specifically, they are requesting that they be
allowed to host an unlimited number of events with under 200 attendees, I 2 events per year with
over 200 attendees, and one outdoor event per year, subject to the requirements of the city's
Special Event Ordinance. The events with over 200 attendees would also require a city-issued
permit. A full discussion ofeach proposed change the PUD is presented in the discussion section
of this report.
Staff believes that the requested PUD amendment allows for a more flexible use ofthe property
without compromising public safety or negatively impacting adjacent parcels.
On October 24, 2016, the Chanhassen City Council approved Ordinance 616 that rezoned
Paisley Park from Industrial Office Park (IOP) to Planned Unit Development (PUD). Ordinance
616 allowed for the use of the site as a museum and recording studio with accessory sales and up
to 12 indoor concerts per calendar year. Both alcohol sales and outdoor events were listed as
prohibited uses within the PUD.
PH 952.227.1100. www.ci.chanhassen.mn.us. FX 952.227.1110
SUMMARY
BACKGROUND
71OO I'4ARKET BOULEVARD .PO BOX I4T.CHANHASSEN .MINNESOTA 55317
Planning Commission
Paisley Park Events Amendment
March17,2020
Page 2
On January 8, 2018, the Chanhassen City Council approved Ordinance 630 amending the PUD
to allow for alcohol to be sold tom January 29,2018 through February 5,2018.
On January 14,2019, the Chanhassen City Council approved Ordinance 638 amending the PUD
to allow for alcohol sales in conjunction with a temporary event permit.
On January 27,2020, the Chanhassen City Council discussed the potential for amending the
PUD to allow for additional events. Staff was directed to draft language for a potential
amendment.
On February 10,2020, the Chanhassen City Council discussed proposed language for amending
the PUD to allow for additional events. Staff was directed to bring the proposed language before
the Planning Commission for a public hearing.
DISCUSSION
Note: In the following section, text in bold is new language and text in stikethrengh is deleted
language.
Staff is proposing amending the indoor concert provision to read:
Permitted Uses:
Twelve ( 12) indoor eoneerts events with over 200 attendees per calendar year.
An eonee* event-specific seating plan and temporary event permit must be
filed with the city at least ten (10) days in advance ofeach event eoneer+.-4leehel
may only be served in e i+.
These changes would mean that only indoor events with over 200 attendees would require a
temporary event permit. Last year only six ofPaisley Park's events exceeded 200 attendees,
which means exempting smaller events from the event cap will grant them the ability to host
twice as many larger events per year going forward. Staff believes that the building's A-3
occupancy justifies maintaining a cap on the number oflarger events held in the building each
year, as the building's HVAC system is not designed to accommodate regular use by large
numbers ofpeople. To date there have been no issues with alcohol service at Paisley Park, and
staff does not believe that any regulation ofliquor sales beyond what is provided for by general
liquor laws is required and is subsequently recommending removal ofthe language requiring a
temporary event permit to serve alcohol.
4
Staff is proposing amending the private event provision to read:
Chanse l: Indoor Events with over 200 attendees
Chanpe 2: Indoor Evenls with less than 200 allendees.
Planning Commission
Paisley Park Events Amendment
March 17,2020
Page 3
Permitted Uses
The proposed changes would make it clear that private events with 200 or less attendees are a
permitted use within the PUD. Language requiring the filing ofan event-specific seating plan
with the city was removed at the request of the Fire Chief, who did not believe any fire safety
provisions beyond what are ordinarily required were necessary for events of this scale. The
proposed changes would allow Paisley Park to host as many small events as they wanted
throughout the year, with or without alcohol. Historically, there have been no complaints or
issues with these small events and staff does not believe it is necessary to require a temporary
event permit for indoor events that can be entirely accommodated on site.
Staff is proposing amending the outdoor events provisions to rcad:
Permitted Uses:
One (l) outdoor event per calendar year. This event requires a Special Event
Permit and is subject to all requirements of Section 20-964 of the City Code.
Prohibited Uses:
+-e*deereven+s'
The proposed changes would remove the existing prohibition on outdoor events and allow
Paisley Park one outdoor event per year. This event would need to meet all standards ofthe
city's Special Event Ordinance and permitting process. Staffis proposing this change as a
mechanism to allow for a trial outdoor event. Ifthe event was successful, a subsequent
amendment could allow for additional events.
The city's Special Event Ordinance contains provisions that allow staff to evaluate the impact a
proposed event will have upon traffrc and surrounding properties, as well as application
requirements that include receiving all other relevant permits. For example, an outdoor event at
Paisley Park would also require a Loudspeaker Permit that would require that event noise be kept
at a reasonable level and that the use ofsound amplification equipment cease by l0:00 p.m. The
Special Event Ordinance also allows the city to impose conditions on a proposed event to
mitigate any potential negative impacts. The conditions could include the details ofa traffic and
pedestrian access plan, a limit on the maximum number of attendees, escrow requirements to
ensure the cleanup and restoration ofpublic property, the presence ofpublic safety personnel,
event screening, or any other conditions that the city determined was necessary to mitigate the
event's impact on traffic, parking, public safety, or other municipal services. Staff believes the
)
8
Private events with 200 or less attendees. @
Chanpe 3: Outdoor Events
Planning Commission
Paisley Park Events Amendment
March17,2020
Page 4
existing special event ordinance provides the best available framework for reviewing and
permitting an outdoor event at Paisley Park.
1. Deny the requested PUD amendment.
2. Approve the requested PUD amendment.
RECOMMENDATION
Staff recommends Alterative 2. Staff believes that the proposed amendment will allow Paisley
Park additional flexibility without negatively impacting public safety or the surrounding land
uses. The amended PUD would read as follows:
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. -\I}('
AN ORDINANCE AMENDING CHAPTER2O OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
BY REZONING CERTAIN PROPERTY
THE CITY COI.INCIL OF THE CITY OF CHANHASSEN ORDAINS:
Scction l. Chapter 20 of the Chanhassen City Code, the city's zoning ordinance, is
amended by rezoning the following described property ("Subject Property") to PUD, Planned Unit
Development:
a.
Lot I l, Block l, Chanhassen Lakes Business Park, Carver County, MN
Section 2. Paisley Park Planned Unit Development
Intent
The purpose ofthis rezoning is to create a PUD zoning district for Paisley Park. The uses,
development standards and regulations ofthe IOP, Industrial Offrce Park District shall
apply subject to the following modifications:
b. Permitted Uses. Only the following uses are permitted:
l. Museum.
2. Recording studio.
ALTERNATIVES
d.
Planning Commission
Paisley Park Events Amendment
Much17,2020
Page 5
Conditional Uses. The following conditional use is permitted
1. Hotel.
Prohibited Uses, The following uses are prohibited:
l. All conditional and permitted uses not listed as permitted or conditional uses
2,------eu+deer+wn+s,
e,Materials and Design
Fence:
Fences shall comply with City Code requirements including the Bufler Yard
requirements, except that fences may be opaque to provide security screening.
f. Development Plans and Regulations.
The PUD must be maintained in accordance with the following development plans which
are on file with the city and which are incorporated herein by reference:
Site Plan - SRF Consulting Group, Inc. Parking Study dated September 15,2016,
Figure 5, Option 1, with a north access right-in for buses only and right-out only for
buses, and passenger vehicles.
2. The tent identified on the Site Plan may only be used for the sale of food, beverages
and memorabilia.
3. A hotel may only be in the round building on the Site Plan and may not exceed 35
guest rooms,
3. Retail sales of products stored or manufactured on the site provided no more than
twenty percent (20%) of the floor space is used for retail sales. These sales may
include food, beverages and memorabilia.
4. Twelve ( 12) indoor eenee+s events with over 200 attendees per calendar year. An
eonee* event-specific seating plan and temporary event permit must be filed with
the city at least ten ( l0) days in advance ofeach event eeaeefr.*leehelmay-eC5rbe
.
5. Private events with 200 or less attendees. @
6. Offrce.
7. Multiple buildings on a lot.
8. One (1) outdoor event per calendar year, this event requires a special event
permit and is subject to all requirements of Section 20-964 of the City Code,
c.
Planning Commission
Paisley Park Events Amendment
March17,2020
Page 6
4. Site Improvement Performance Agreement approved by the Chanhassen City Council
on October 24, 2016.
5. Landscaping along the east side of Audubon Road is required and shall include roses,
junipers and barberry.
Parking
l. Parking lots and parking spaces shall comply with city code requirements
2. If guests only arrive to the site by a shuttle bus the tour size shall be limited by the
maximum occupancy under the Fire Code.
3. Audubon Road must be striped to include a left tum lane into the southem access.
4. All required permits, including from the Riley-Purgatory-Bluff Creek Watershed
District, must be obtained prior to installing the pavement.
5 . The north access shall be limited to a right-in for buses only and right-out of the site
for buses and passenger vehicles.
6. The raffic signal at Highway 5 and Audubon Road must be optimized based on the
SRF study.
7. The number of guests allowed on the site shall be limited so that either (a) there are a
sufficient number of on-site parking spaces to accommodate guests who arrive by a
personal vehicle, or (b) guests arrive and depart by bus.
8. Until all parking requirements have been constructed, all access to the site shall be by
bus with the exception ofemployees, contractors and 40 guest cars per hour
maximum.
9. Ifthe on-site parking is inadequate, the maximum allowable tour size shall be reduced
to a level where the on-site parking is sufficient, or the PUD and the site plan must be
amended to provide more parking or guests shall be bused to and from the site. Any
changes to the site plan are subject to review and approval by the city and other
agencies with regulatory authority over the site.
Section 3. The zoning map of the City of Chanhassen shall not be republished to show the
aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office
for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the
notations, references, and other information shown thereon are hereby incorporated by reference and
made a part of this ordinance.
Planning Commission
Paisley Park Events Amendment
March 17,2020
Page 7
Section 4. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this XX day of YY,2020, by the City Council of the City of
Chanhassen, Minnesota.
Todd Gerhardt, City Manager Elise Ryan, Mayor
(Published in the Chanhassen Villager on XX \'\', 2020)
ATTACHMENTS
l. Application
2. Narrative
3. City Event Ordinance
4. larr:ary 27,2020 City Council Work Session Memo
C:\PLAN\2020 Planning Cases\2GO4 Paisley Park Amendment to PuD\Paisley Psrk Even$_rc.docx
alt_
firm ,
iro
Pooley Pork Operations. Inc.
7801 Audubon Rood
Chonho/fen. RIR 55317
February 18, 2020
Chanhassen City Council
7700 Market Blvd
PO Box 147
Chanhassen, MN 55317
Dear City Council Members:
Paisley Park submits this Amendment to our PUD for your consideration.
Paisley Park has shown to be a valuable asset to the community. We have proven our ability to
properly manage live events and activities in a thoughtful, efficient and safe manner and have been
doing since we opened to the public in 2016 (please see attached detailed report).
The proposed changes recognize our ability to successfully conduct these important events, while
providing a collaborative opportunity for greater growth and expansion. Our goal is to expose Paisley
Park—and thus Chanhassen—to a wider audience and increasing our ability to offer live events(and
possible outdoor events) is the next step in doing so.
As with Prince,we are proud to be part of the Chanhassen community. We look forward to working
with you and the City to enhance our facilities. Our wish is to provide a greater opportunity for visitors
to experience both our venue and our community.
Thank you for your ongoing support.
Sincerely,
24......4".
Ii'
Alan Seiffert
Executive Director
Paisley Park Operations, Inc.
enc.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 616
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE. THE CITY'S ZONING ORDINANCE.
BY REZONING CERTAIN PROPERTY
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Chapter 20 of the Chanhassen City Code.the City's zoning ordinance. is
amended by rezoning the following described property ("Subject Property")to PUD. Planned Unit
Development:
Lot 11. Block 1. Chanhassen Lakes Business Park. Carver County, MN
Section 2. Paisley Park Planned Unit Development
a.Intent
The purpose of this rezoning is to create a PUD zoning district for Paisley Park. The uses.
development standards and regulations of the IOP, Industrial Office Park District shall
apply subject to the following modifications:
b. Permitted Uses. Only the following uses are permitted:
1. Museum.
2. Recording studio.
3. Retail sales of products stored or manufactured on the site provided no more than
twenty percent(20%) of the floor space is used for retail sales. These sales may
include food. beverages and memorabilia.
4. Twelve (12) indoor concerts events with over 200 attendees per calendar year. An
eeneert event-specific seating plan and temporary event permit must be filed with
the City at least ten (10) days in advance of each event Wit,lcohel may on y e
5. Private events with 200 or less attendees. • • - - - -
6. Office.
7. Multiple buildings on a lot.
8. One (1) outdoor event per calendar year, this event requires a special event
permit and is subject to all requirements of Section 20-964 of the City Code.
c.Conditional Uses. The following conditional use is permitted:
1. Hotel.
1
d. Prohibited Uses. The following uses are prohibited:
1. All conditional and permitted uses not listed as permitted or conditional uses.
Outdoor o ents
e.Materials and Design
Fence:
Fences shall comply with City Code requirements including the Buffer Yard
requirements, except that fences may be opaque to provide security screening.
f.Development Plans and Regulations.
The PUD must be maintained in accordance with the following development plans which
are on file with the City and which are incorporated herein by reference:
1. Site Plan—SRF Consulting Group, Inc. Parking Study dated September 15, 2016,
Figure 5, Option 1,with a north access right-in for buses only and right-out only for
buses, and passenger vehicles.
2. The tent identified on the Site Plan may only be used for the sale of food,beverages
and memorabilia.
3. A hotel may only be in the round building on the Site Plan and may not exceed 35
guest rooms.
4. Site Improvement Performance Agreement approved by the Chanhassen City Council
on October 24,2016.
5. Landscaping along the east side of Audubon Road is required and shall include roses,
junipers and barberry.
g. Parking
1. Parking lots and parking spaces shall comply with city code requirements.
2. If guests only arrive to the site by a shuttle bus the tour size shall be limited by the
maximum occupancy under the Fire Code.
3. Audubon Road must be striped to include a left turn lane into the southern access.
4. All required permits, including from the Riley-Purgatory-Bluff Creek Watershed
District, must be obtained prior to installing the pavement.
5. The north access shall be limited to a right-in for buses only and right-out of the site
for buses and passenger vehicles.
2
6. The traffic signal at Highway 5 and Audubon Road must be optimized based on the
SRF study.
7. The number of guests allowed on the site shall be limited so that either(a)there are a
sufficient number of on-site parking spaces to accommodate guests who arrive by a
personal vehicle, or(b) guests arrive and depart by bus.
8. Until all parking requirements have been constructed, all access to the site shall be by
bus with the exception of employees, contractors and 40 guest cars per hour
maximum.
9. If the on-site parking is inadequate, the maximum allowable tour size shall be reduced
to a level where the on-site parking is sufficient, or the PUD and the site plan must be
amended to provide more parking or guests shall be bused to and from the site. Any
changes to the site plan are subject to review and approval by the City and other
agencies with regulatory authority over the site.
Section 3. The zoning map of the City of Chanhassen shall not be republished to show the
aforesaid zoning,but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office
for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the
notations,references,and other information shown thereon are hereby incorporated by reference and
made a part of this ordinance.
Section 4. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this \\ day of 1 Y, 2020, by the City Council of the City of
Chanhassen, Minnesota.
Todd Gerhardt, City Manager Elise Ryan,Mayor
Published in the Chanhassen Villager on XX VY, 2020)
3
Sec. 20-964. - Temporary outdoor events, sidewalk sales, seasonal sales and special events.
(1) Purpose. It is the intent of this section to provide for temporary outdoor events, sidewalk sales,
seasonal sales and special events which are distinguished from permanent outside business
activities that are allowed only by conditional use permit or interim use permit approved by the city
council. It is the intent of this section to promote the health, safety, general welfare, aesthetics, and
image of the community by facilitating and regulating temporary outdoor events, sidewalk sales,
seasonal sales and special events in the following manner:
a. Establish standards which permit businesses and organizations to conduct temporary outdoor
events, sidewalk sales and seasonal sales in zoning districts where they are permitted
accessory uses, and permit businesses, organizations, and individuals to sponsor special
events while:
1. Ensuring that temporary outdoor events, sidewalk sales, seasonal sales and special events
do not create safety hazards by occupying required parking spaces, emergency access, by
impeding the efficient movement of pedestrian and vehicular traffic, or by placing an
excessive burden on city services.
2. Ensuring that appropriate and necessary insurances and licenses for temporary outdoor
events, sidewalk sales, seasonal sales and special events are obtained.
3. Providing open and transparent standards, guidelines, and procedures for an
administrative review of temporary events, sidewalk sales, seasonal sales and special
events.
b. Allow temporary events and sidewalk sales which require an outdoor location, while providing
standards that will assure compatibility with the underlying zoning district and adjacent property
uses. These events and sidewalk sales can include, but are not limited to, product
demonstrations or promotions, employee or customer appreciation events, corporate
anniversary celebrations and grand openings.
c. Allow certain uses which are seasonal in nature, while providing standards that will assure
compatibility with the underlying zoning district and adjacent property uses. These uses can
include, but are not limited to, farmers' markets, produce stands, and outdoor sales associated
with public or religious holidays.
d. Limit temporary outdoor sales to activities which are short-term or seasonal and which do not
require permanent improvements to the site.
e. Allow for special events, while providing standards that assure the health, safety, general
welfare, aesthetics, and image of the community. Special events can include, but are not limited
to, concerts, car shows, races and walks, parades and festivals.
(2) Findings. The city recognizes that temporary outdoor events, sidewalk sales, seasonal sales and
special events play an important role in the success of businesses and in fostering an active,
integrated, and appealing community. The city finds it necessary for the promotion and preservation
of the public health, safety, welfare and aesthetics of the community that the location, size and
appearance of temporary outdoor events, sidewalk sales, seasonal sales and special events be
controlled. Further, the city finds that:
a. Temporary outdoor events, sidewalk sales, seasonal sales and special events are an integral
component of economic development.
b. Temporary outdoor events, sidewalk sales, seasonal sales and special events have a direct
impact on and a relationship to the image of the community.
c. Temporary outdoor events, seasonal or sidewalk sales activities may present an obstacle to
effective firefighting and other emergency services by blocking necessary exits, fire lanes or
turnaround areas.
d. Uncontrolled and unlimited temporary outdoor events, sidewalk sales, seasonal sales and
special events can adversely impact the image and aesthetics of the community and, thereby,
undermine economic value and growth.
e. Uncontrolled temporary outdoor events, sidewalk sales, seasonal sales and special events may
conflict with existing and neighboring uses.
f. Temporary outdoor events, sidewalk sales, seasonal sales and special events can exceed the
city's capacity to provide municipal services. These municipal services include, but are not
limited to, sanitary facilities, fire, police and utility services. Regulation is needed to ensure that
the health, safety and general welfare of the community are not negatively impacted.
(3) Permit required. No person shall sponsor, host, or organize a temporary outdoor event, sidewalk
sale, seasonal sale or special event without the relevant permit issued pursuant to this section.
a. A temporary outdoor event permit shall be required for an activity which will be entirely confined
to the applicant's property, will last no longer than 72 hours, and is not reasonably expected to
impact traffic, parking, public safety, or other municipal services. Typically, temporary events
and sidewalk sales requiring an outdoor location would require this permit.
b. A seasonal sales permit shall be required for a commercial activity which will be entirely
confined to the applicant's property, will last longer than 72 hours, and is not reasonably
expected to impact traffic, parking, public safety, or other municipal services. Typically,
seasonal sales requiring an outdoor location would require this permit.
c. A special event permit shall be required for an activity which will require the use of public spaces
or services, or which is reasonably expected to impact traffic, parking, public safety, or other
municipal services.
(4) Exemptions. The following events shall not require a permit under this section:
a. Indoor events not reasonably expected to impact traffic, parking, public safety, or other
municipal services.
b. Noncommercial private events, including, but not limited to, weddings, wedding receptions,
anniversaries, birthdays, family reunions, funeral processions and graduation parties.
c. Events for which a public gathering permit has been issued as provided for in section 14-58;
provided that, the event is entirely confined to a city park and cannot be reasonably expected to
impact traffic, parking, public safety, or other municipal services.
d. Community events organized by or in partnership with the City of Chanhassen.
(5) Application for permit. The applicant shall submit an application for the relevant permit to the city
manager or their designee. Applications for temporary outdoor events and seasonal sales permits
shall be submitted on forms provided by the city at least ten business days prior to the date of the
requested activity. Applications for special events shall be submitted on forms provided by the city at
least 60 days prior to the date of the requested activity. They [The] city manager or their designee
may waive the ten or 60-day requirement if they find extenuating circumstances require a shorter
review period. Included with application should be:
a. A signed letter of permission from the owner of the property, if different than applicant, stating
that the applicant has permission to conduct the event.
b. A concise statement describing the purpose and nature of the activity, description of any
commercial activity, dates and times of operation, number of employees or volunteers involved,
estimated number of attendees, provisions for on-site parking and security, and any other
pertinent information required by the city manager or their designee to fully evaluate the
application.
c. A site plan or aerial photo of the property showing sufficient detail to evaluate the event's
location and the placement of any temporary structures associated with the event. The city
manager or their designee may require a copy of an approved site plan, drawn to scale, or an
"as-built" survey, which accurately represents existing conditions on the site, including
entrances and exits, and bona fide parking and driving areas, and which accurately indicates
any proposed temporary structures, including tents, stands, chemical toilets and signs, when, in
their judgement, such a plan is necessary to properly evaluate the permit.
d. An accurate floor plan of any building on the property, when, in the judgment of the city
manager or their designee, such a plan is necessary to properly evaluate the location of the
activity and the effectiveness of building entrances and exits.
e. Proof of liability insurance. The certificate of insurance must name the city, its officials,
employees and agents as additional insured. The limits of insurance will not be less than:
$1,000,000.00 each occurrence; $2,000,000.00 general aggregate. The city may waive or
reduce this requirement in the event that:
1. The applicant signs a verified statement that the required insurance coverage cannot be
obtained; or
2. The city manager or their designee determines that the insurance requirements are in
excess of the risk presented by the proposed activity.
f. Applications or valid permits for all regulated activities associated with the event including, but
not limited to, loudspeaker or similar device, temporary lifting of no parking requirements, street
closures for neighborhood events, race addendum and those required for the sale of produce,
prepared food, and/or alcohol.
g. If applying for a special event permit the applicant shall also provide:
1. A list of public spaces or services the event requires.
2. A statement detailing the events expected impact on traffic, parking, public safety, and any
other relevant public services. A detailed plan for how the applicant will manage and
mitigate these impacts shall also be included.
h. A nonrefundable fee which shall be imposed in accordance with the fee schedule established by
the city council. The intent of this section is to recover costs associated with administering the
ordinance from which this section derives. Permit fees shall reflect the costs of reviewing and
processing permits, as well as costs associated with periodic enforcement activities and
compliance checks.
(6) Procedure. The application will be processed as follows:
a. The city manager or their designee shall review applications for administrative permits and shall
determine if the proposal is in compliance with all applicable codes, ordinances, and the specific
standards for temporary outdoor events, seasonal sales, or special events as set forth in this
section. The application shall also be reviewed by the public safety department and any other
appropriate review agencies.
b. If the proposal is in compliance with all applicable codes, ordinances, and the general and
specific standards for temporary outdoor events, seasonal sales or special events as set forth in
this section, a written permit shall be issued to the applicant. Any conditions necessary to
assure compliance with applicable codes, ordinances, and the standards in this section shall be
attached to the permit.
c. If the city manager or their designee finds grounds for denying the permit, these findings shall
be communicated to the applicant and the application for the permit shall be considered denied;
unless, within ten days of the date of such notice, the applicant submits revised plans and/or
information with which brings the proposal into compliance.
d. If the city manager or their designee deny an application for a temporary outdoor event,
seasonal sale or special event, the applicant may appeal the decision to the city council. Such
an appeal must be submitted to the city manager in writing no later than ten days from the date
of the decision.
(7) Grounds for denial. A sales or event permit application may be denied if based on the application
and other relevant information, the city finds that:
a. Information contained in the application or otherwise submitted by the applicant is false or
insufficient to allow for an effective evaluation of the proposed sale or event.
b. The applicant fails to provide required or requested supplemental information after having been
notified by the city that additional documentation is required.
c. The applicant fails to agree to all conditions and terms of permit.
d. The applicant has outstanding fees due to the city, unresolved code enforcement or
noncompliant building permit issues, has violated the terms and conditions of a previously
issued sale or event permit, or has had a previously issued sale or event permit revoked by the
city.
e. The type of sale or event is not permitted by zoning or other statute.
f. The time, hours, location, size, or nature of the sale or event will substantially disrupt or burden
traffic, parking, public safety, or other municipal services and the city does not have sufficient
resources to mitigate these impacts.
g. The location or time of the sale or event conflicts with previously scheduled sales or events, and
the city does not have sufficient resources available to adequately support both sales or events
and/or normal operation of the city.
h. The location of the sale or event would interfere with construction or maintenance work
scheduled to take place upon or along public property or right-of-way.
i. The location of the sale or event would cause undue hardship for adjacent uses.
j. The sale or event is likely to endanger public safety, health or property.
k. The applicant does not have the required liability insurance.
l. The sale or event proposes to sell merchandise not normally sold or stocked by the occupants of
the premises. Seasonal sales permits are exempted from this requirement, as is the sale of
goods determined to be accessory to a proposed event (i.e. food truck or concession sales
during an event or the limited sale of goods as part of a charity event).
(8) Permit conditions. The city may place conditions on the time, place, and other aspects of any sale
or event allowed by this section as deemed necessary to mitigate the activity's impact on traffic,
parking, public safety, or other municipal services. These conditions may include, but are not limited
to:
a. Changing the date(s), time(s), route, or location of the proposed activity.
b. Removing or altering an aspect of the activity which cannot be mitigated sufficiently to ensure
public safety and welfare, or which causes liability to the city.
c. Alterations to the traffic control or safety/emergency plan.
d. Limiting the activity's maximum attendance.
e. Restricting the sale or consumption of food or alcohol.
f. Removal of advertising/promotional materials.
g. Requirements for the cleanup and restoration of any public property.
1. The applicant may be required to provide the city with an escrow in order to guarantee the
cleanup and restoration of public property. The amount of the escrow shall be determined
by the engineering department for potential impacts to streets and areas with the city right-
of-way and by the park and recreation department for potential impacts to parks and trails.
h. Requirements for appropriate sanitation facilities, waste receptacles, and availability of potable
water.
i. Requirements designed to ensure compliance with applicable local, state and federal laws.
j. Any other conditions which the city deems necessary.
(9) Limitations; general conditions.
a. All activities allowed by this section:
1. The site shall be cleared and all remaining debris removed from the sales or event site on
the last remaining day of the permit.
2. Acceptable space for off-street parking and traffic circulation generated by the use must be
provided. Curb and gutter with drive approaches is desired to provide safe turn
movements.
3. Lighting shall be compatible with surrounding adjacent uses.
4. Signage should be limited to window signs, and one outdoor sign no greater than 24
square feet. Other signage for purposes of traffic direction and control may be authorized
by the city manager or their designee.
5. Front yard, side yard and rear yard setbacks shall be a minimum of ten feet.
6. All other pertinent city and state permits must be obtained.
7. The approved permit shall be kept on the premises for the duration of the activity.
8. No outdoor speaker system shall be allowed without permission from the city.
b. Temporary outdoor events:
1. Shall be permitted for the period specified in the administrative permit.
2. Shall not exceed 15 days per calendar year per property or center.
3. Shall have a maximum duration of three days.
c. Seasonal sales:
1. Permitted temporary outdoor sales activities are limited to the following:
a. Christmas tree sales.
b. Seasonal holiday markets.
c. Seasonal produce stands.
2. Shall be for the period specified in the administrative permit.
3. Shall not exceed 120 days per calendar year per property or center.
4. There shall be no more than three sales activities per year per property or center.
d. Special events:
1. Shall be permitted for the period specified in the administrative permit.
2. Shall have a maximum duration of seven days.
3. There shall be no more than four special event permits issued per property or center per
calendar year.
(10) Administration and enforcement.
a. The city may inspect the property on which the sale or event is being held before the start of the
sale or event and/or during the sale or event to verify compliance with the provisions of this
section or any permit conditions.
b. The city manager or their designee may, upon written notice, suspend or revoke the sale or
event permit of any person who violates any of the provisions of this section or any of the
conditions of the permit.
c. Any sale or event permit issued may be summarily revoked by the city's chief law enforcement
officer or fire chief at any time when by reason of an emergency, the law enforcement officer or
fire chief determines that the safety of the public or property requires such revocation.
d. If, at any time, a permit under the provisions of this section is suspended or revoked, it shall
thereafter be unlawful for that person or organization to operate, open, maintain, manage or
conduct any temporary outdoor event, seasonal sale or special event.
e. Violation of an issued permit or the provisions of this section may be grounds for denial of future
permit applications during a calendar year.
(Ord. No. 511, § 1, 10-11-10; Ord. No. 619, § 17, 2-27-17; Ord. No. 651, § 28, 12-9-19)
CITY OT CIIANIIASSXI'I
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM:
DATE:
Kate Aanenson, Community Development Director
Don Johnson, Fire Chief
MacKenzie Young-Walters, Associate Planner
January 27 ,2020
Paisley Park EventsSUBJ:
Recently, Paisley Park has come under new management and they have sent an email to the city
expressing an interest in expanding the number and nature of events that they host throughout the
year. During the first halfof2020, they have expressed an interest in hosting the following:
l. Numerous small events, potentially with alcohol service provided by a caterer.
2. Indoor concerts and dances.
3. A three day Prince memorial open to the public.
4. Outdoor concerts.
The Planned Unit Development (PUD) ordinance that govems this property restricts Paisley Park
to a maximum of 12 indoor concerts and/or events with alcohol per year and prohibits outdoor
concerts. In order to allow for the proposed events, a PUD amendment would be required. Staff
has provided an analysis ofthe proposed event plan below. Staff is requesting direction from
City Council in identifying the desired scale and nature of future events at Paisley Park.
On October 24, 2016, the Chanhassen City Council approved Ordinance 616 that rezoned
Paisley Park from Industrial Office Park (IOP) to Planned Unit Development (PUD). Ordinance
616 allowed for the use ofthe site as a museum and recording studio with accessory sales and up
to 12 indoor concerts per calendar year. Both alcohol sales and outdoor events were listed as
prohibited uses within the PUD.
On January 8,2018, the Chanhassen City Council approved Ordinance 630 amending the PUD
to allow for alcohol to be sold from January 29,2018 through February 5,2018.
PH 952.227.1100. www.ci.chanhassen.mn.us. Fx 952.227.1110
SUMMARY
BACKGROUND
77OO MARKET BOULEVARD . PO BOX I47 .CHANHASSEN .MINNESOTA 55317
Todd Gerhardt
Paisley Park Events
lanuary 27 ,2020
Page 2
On January 14,2019, the Chanhassen City Council approved Ordinance 638 amending the PUD
to allow for alcohol sales in conjunction with a temporary event permit.
Issue l: Primary Use
The PUD allows the property to be primarily used as a museum, recording studio, and office,
with a maximum of 12 indoor concerts and/or events with alcohol per year and accessory sales of
food, beverages, and memorabilia. The city did not list event center as a permitted use because
the building's HVAC system was not designed for A-l occupancy, the occupancy required for an
event center. The existing HVAC system does meet all requirements for the A-3 occupancy, the
occupancy required for a museum, which the building currently holds. Event permits were
identified as a way of granting a "variance" from the typical occupancy limits and are required to
ensure use consistent with the building's occupancy classification, the safety of attendees, and
that adequate parking and traffic control were accounted for.
The existing limits reflect an understanding that the property is primarily a museum with events
serving an accessory function. Ifthe intention is to move towards a more event-oriented space, it
may be necessary to require that the property's occupancy classification be changed. In order to
meet the occupancy requirements for an event center, the HVAC system would need to be
upgraded to meet the requirements for A-1 occupancy and it is likely that additional restrooms
and possibly even parking would need to be installed.
Retrofitting the building to meet the standards required for an event center and adding event
center to the PUD's list of permitted uses would remove the need for all of the PUD's
restrictions on events, except the prohibition on outdoor events, and would provide Paisley Park
with the largest degree of flexibility moving forward. This approach would allow for an
unlimited number of indoor events and concerts of varying scales without the need for city event
permits.
Issue 2: Indoor Events
The PUD requires event permits for indoor concerts and limits Paisley Park to hosting 12 of
these each year. It also requires an event permit for any event serving alcohol. The event permit
requirement for alcohol will be discussed in the subsequent section; the content ofthis section
will address indoor events in general. As was mentioned in the previous section, the l2 indoor
concert limit w.ls put in place to prevent the building from being used in a manner inconsistent
with its approved occupancy. The main goal was to limit the frequency of large events that did
not align with the building's occupancy classification and on-site parking capacity.
In looking over last year's permits, most were for events with less than 200 people and only four
were for events with 500 or more attendees. Between the smaller events and these larger events,
DISCUSSION
Todd Gerhardt
Paisley Park Events
January 27 ,2020
Page 3
Paisley Park reached its event cap last year. So far this year Paisley Park has applied for and
received two event permits and based on the proposed Q1/Q2 event schedule, staff believes that
it will reach its event cap before the end of the year this year.
The larger events do exceed the site's parking limits, require traffrc plans, and many require
security or closer examination ofhow they have configured the space. For these events, applying
the city's event permitting process makes sense and provides a level of review similar to what
would be applied to other businesses in the area hosting events of that scale.
The same is not necessarily tme for the smaller events held at Paisley Park. Events with 200 or
less people can often be accommodated by the on-site parking, do not have the potential to create
traffrc impacts, and do not require additional security. Events of this size that could be entirely
accommodated within a building without requiring off-site parking would not ordinarily require
a city-issued event permit. To date, staff has received no complaints and has not observed any
significant issues with events, large or small, at Paisley Park.
If the city is interested in allowing a larger number of small events at Paisley Park while
maintaining the intent of limiting the number of larger indoor events, it may be appropriate to
amend the PUD to exempt events with under 200 attendees from the permit requirement. An
unintended consequence ofthis may be an increase in the number of large events, since they will
no longer need to draw from the same permit pool as smaller events. If the city feels that
allowing an unlimited number of smaller events and up to l2 larger events a year would shift the
site's use away from a museum and towards an event center, it may be preferable to maintain the
existing limits.
Issue 3: Alcohol ql Evenls
The PUD was initially established with a prohibition on alcohol sales. The city included this
prohibition because at the time there was concem that Paisley Park could be used as a venue for
rambunctious parties/concerts and in accordance with the business plan provided to the city as
part ofthe initial PUD application. Over the last two years as Paisley Park's business has
developed and the city has become more familiar with their operations, this provision has been
amended twice. First, by allowing a one-time exemption to permit alcohol sales during Super
Bowl week and, second, by removing the prohibition and allowing for alcohol sales in
conjunction with an event permit. Since Paisley Park does not have a liquor license, they are
required to use a catering service to serve alcoholic beverages.
Since the PUD only allows for alcohol service in conjunction with an event permit, there have
been several cases where small, sub-200 person events, were required to apply for an event
permit solely because they wanted to include alcohol service. To date there have been no
complaints or observed safety concems stemming from alcohol sales at Paisley Park. Based on
Paisley Park's demonstrated ability to manage these types ofevents, staff does not believe that
there is a compelling public safety reason for requiring an event permit for alcohol sales. Ifthe
Todd Gerhardt
Paisley Park Events
Iaruary 27 ,2020
Page 4
sentence requiring that events serving alcohol receive a permit was removed, any event with
music would still require a permit under the indoor concert clause, unless that was also amended
That being said, requiring events with alcohol sales to receive an event permit does help to limit
the number ofevents that take place on site. Ifthe city is concemed about the events aspect of
Paisley Park expanding beyond what was originally envisioned for the site, it would be
appropriate to maintain the existing language.
Issue 4: Outdoor Events
The PUD prohibits outdoor events. This prohibition was put in place due to the potential for
outdoor events, especially large concerts, to impact adjacent parcels and the general public. In
the context ofPaisley Park, the greatest concern is that an outdoor event could serve as a
distraction for motorists on Arboretum Boulevard or at the intersection of Arboretum Boulevard
and Audubon Road. Distracted drivers could pose a significant safety risk to fellow motorists or
pedestrians attempting to cross the street to reach the event or utilize the trail. An additional
related concem is that Paisley Park is located along a public trail and sidewalk and it would be
difficult to prevent crowds from gathering in these public places to listen in/people watch at
these events. Given the heavy traffic present on Arboretum Boulevard, anyhing that distracts
motorist or attracts and distracts additional pedestrian traffic to the area could pose a significant
public safety risk.
Staff has concems regarding the suitability of this location for hosting large outdoor events. If
outdoor events are something that the city determines are appropriate for this location, staff
would recommend that they be limited to a certain number each year and they be required to go
through the city's special event permitting process. This process requires applications be
submitted at least 60 days before the proposed events and provides the opportunity for extensive
review of an event's proposed scale and potential impact. In situations where staff determines
that there are potential safety impacts or negative impacts on adjacent property, this process
gives staff the ability to place conditions on the permit mitigating those impacts.
1 . Encourage Paisley Park to retrofit facilities as required for event center occupancy and
once that work is complete, remove existing limits on indoor events but retain prohibition
on outdoor events.
2. Allow for an unlimited number of smaller indoor events, but maintain existing limits for
larger events and prohibition on outdoor events.
3. Encourage Paisley Park to retrofit facilities as required for event center occupancy and
once that work is complete, remove existing limits on indoor events and allow outdoor
events under a special event permit.
4. Allow for an unlimited number of smaller indoor events, but maintain existing limits for
larger events and allow outdoor events under a special event permit.
ALTERNATIVES
Todd Gerhardt
Paisley Park Events
Iaruary 27,2020
Page 5
5. Remove permit requirement for events with alcohol service.
6. No change.
Staff is requesting City Council direction in identifoing the desired scale and nature of future
events and Paisley Park.
ATTACHMENTS
1) Email from Karen White regarding Q1/Q2 events
2) Paisley Park PUD standards
G :\PlANww\Reference-Examples-Templales-M i5c\Paisley Part Events.docx
PLANNING COMMISSION STAFF
REPORT
Tuesday, May 5, 2020
Subject Consider a Request for Approval of the Subdivision of 6.4 Acres into Two SingleFamily Lots
with Variances for Property Located at 1641 W. 63rd Street (Nye Addition)
Section PUBLIC HEARINGS Item No: B.2.
Prepared By Sharmeen AlJaff, Senior Planner File No: Planning Case No. 202006
PROPOSED MOTION:
The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 6.4 acres into two
lots and one outlot as shown in plans dated March 27, 2020, subject to the conditions of approval and adopts the
Findings of Fact and Decision Recommendation.
SUMMARY OF REQUEST
Subdivision of 6.4 acres into two lots and one outlot.
APPLICANT
Woody Love, Engel & Volkers, 18202 Minnetonka Boulevard, Deephaven, MN, Ann Nye, 1641 W. 63rd Street,
Excelsior, MN
SITE INFORMATION
PRESENT ZONING: SingleFamily Residential Low Density, RSF
LAND USE:Residential Low Density (1.24.0 units/net acre)
ACREAGE: 6.4 acres
DENSITY: 0.3 units per acre
APPLICATION REGULATIONS
Chapter 18, Subdivisions
Sec. 1857. Streets
Sec. 1860. Lots(f)
Chapter 20, Article XII, RSF District
BACKGROUND
PLANNING COMMISSION STAFFREPORTTuesday, May 5, 2020SubjectConsider a Request for Approval of the Subdivision of 6.4 Acres into Two SingleFamily Lotswith Variances for Property Located at 1641 W. 63rd Street (Nye Addition)Section PUBLIC HEARINGS Item No: B.2.Prepared By Sharmeen AlJaff, Senior Planner File No: Planning Case No. 202006PROPOSED MOTION:The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 6.4 acres into twolots and one outlot as shown in plans dated March 27, 2020, subject to the conditions of approval and adopts theFindings of Fact and Decision Recommendation.SUMMARY OF REQUESTSubdivision of 6.4 acres into two lots and one outlot.APPLICANTWoody Love, Engel & Volkers, 18202 Minnetonka Boulevard, Deephaven, MN, Ann Nye, 1641 W. 63rd Street,Excelsior, MNSITE INFORMATIONPRESENT ZONING: SingleFamily Residential Low Density, RSFLAND USE:Residential Low Density (1.24.0 units/net acre)ACREAGE: 6.4 acres DENSITY: 0.3 units per acre APPLICATION REGULATIONSChapter 18, SubdivisionsSec. 1857. Streets Sec. 1860. Lots(f)Chapter 20, Article XII, RSF District
BACKGROUND
On April 20, 1987, the City Council approved the final plat for Pheasant Hill 4th Addition. The Wood Duck Lane
connection to Yosemite Avenue was discussed at length. The intent was to:
Help disperse the traffic between Wood Duck Lane and 63rd Street by providing an additional access point into
the Pheasant Hill Subdivision.
This connection would also help provide future access to 6480 Yosemite Avenue and allow it to potentially
subdivide.
Allow 1611 63rd Street to potentially subdivide.
The measured distance from Lake Lucy Road to the end of Wood Duck Lane is 1900 feet. This is of concern to
emergency management responders.
Wood Duck Lane ended in a temporary culdesac.
Due to lack of a feasibility study, adequate rightofway and cost, the connection was postponed. Staff located a
feasibility study for the improvement of Yosemite Avenue. The Wood Duck Lane connection was not included in the
study.
RECOMMENDATION
The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 6.4 acres into two
lots and one outlot as shown on plans dated March 27, 2020, subject to the conditions in the staff report and adoption
of the Findings of Fact and Decision Recommendation.
ATTACHMENTS:
Staff Report
Findings of Fact and Recommendation
Development Review Application
Preliminary Plat Sheets dated March 27, 2020
Public Hearing Notice and Affidavit of Mailing List
Petition Nye Development 63rd Street
Petition Save Wood Duck Lane
City Council Minutes dated April 20, 1987.
Email from Adam Peterson dated April 28, 2020
Email from Woody Love Regarding the 60day Timeline
Email from Ken Ashfeld dated April 28, 2020
CITY OF CHANHASSEN
PC DATE: May 5, 2020
CC DATE: May 26, 2020
REVIEW DEADLINE: June 2, 2020
CASE #: 2020-06
BY: SJ, ET, EH, TH, JS
SUMMARY OF REQUEST: Subdivision of 6.4 acres into two lots and one outlot.
LOCATION: 1641 W. 63rd Street, North of Wood Duck Lane and south of West 63rd Street.
APPLICANT: Woody Love PROPERTY OWNER: Ann Nye
Engel & Volkers 1641 W. 63rd Street
18202 Minnetonka Boulevard Excelsior, MN 55331
Deephaven, MN 55391 annnye@q.com
woody@woodylove.com
612-695-3001
PRESENT ZONING: Single-
Family Residential District, RSF
2030 LAND USE PLAN:
Residential Low Density (1.2 – 4.0
units/net acre)
ACREAGE: 6.4 acres
DENSITY: 0.3 units per acre
LEVEL OF CITY DISCRETION
IN DECISION-MAKING:
The city’s discretion in approving or
denying a preliminary plat is
limited to whether or not the proposed plat meets the standards outlined in the Subdivision
Regulations and Zoning Ordinance. If it meets these standards, the city must approve the
preliminary plat. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends approval of the preliminary plat to
subdivide 6.4 acres into two lots and one outlot as shown in plans dated March 27, 2020, subject
to the conditions of approval and adopts the Findings of Fact and Decision Recommendation.”
Subject
Property
Planning Commission
Nye Addition
May 5, 2020
Page 2 of 12
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Sec. 18-57. - Streets
Sec. 18-60. - Lots(f)
Chapter 20, Article XII, RSF District
PROPOSAL/SUMMARY
The applicant is requesting to subdivide 6.4 acres into two lots and one outlot for single-family
detached housing. The property is located south of 63rd Street and north of Wood Duck Lane.
Access to Lot 1 is gained off of 63rd Street and access to Lot 2 is proposed via an existing cul-de-
sac off of Wood Duck Lane. Sewer and water are available to the site. The property is zoned
Single-Family Residential (RSF) and contains four wetlands.
Planning Commission
Nye Addition
May 5, 2020
Page 3 of 12
BACKGROUND
On April 20, 1987, the City Council approved the final plat for Pheasant Hill 4th Addition. The
Wood Duck Lane connection to Yosemite Avenue was discussed at length (see attachment #7).
The intent was to:
• Help disperse the traffic between Wood Duck Lane and 63rd Street by providing an
additional access point into the Pheasant Hill subdivision.
• This connection would also help provide future access to 6480 Yosemite Avenue and
allow it to potentially subdivide.
• Allow 1611 63rd Street to potentially subdivide.
• The measured distance from Lake Lucy Road to the end of Wood Duck Lane is 1900
feet. This is of concern to emergency management responders.
• Wood Duck Lane ended in a temporary cul-de-sac.
Due to lack of a feasibility study, adequate right-of-way and cost, the connection was postponed.
Staff located a feasibility study for the improvement of Yosemite Avenue. The Wood Duck
Lane connection was not included in the study.
Pheasant Hill 4th Addition
6480
Yosemite
Avenue
1611
63rd
Street
Planning Commission
Nye Addition
May 5, 2020
Page 4 of 12
SUBDIVISION
The applicant is proposing to subdivide 6.4 acres into two lots and one outlot for single-family
detached housing. The property is located south of 63rd Street and north of Wood Duck Lane.
Access to Lot 1 is gained off of 63rd Street and it contains an existing single-family home with a
detached garage and a shed. Access to Lot 2 is proposed via an existing cul-de-sac off of Wood
Duck Lane. Lot 2 will house a future single-family home. Lot 2 has an existing accessory
structure. The City Code requires the construction of the primary structure prior to the accessory
structure. This subdivision will create a nonconforming situation. Staff is recommending an
escrow of 110% of the estimated removal cost be posted with the city prior to recording of the
final plat. The accessory structure must be removed within four months of the approval of the
final plat. Sewer and water are available to the site. The property is zoned Single-Family
Residential (RSF) and contains four wetlands.
All of the proposed lots meet the minimum area, width and depth requirements of the Zoning
Ordinance.
Outlot A contains a wetland and is intended to be deeded to the city. The applicant is also
dedicating right-of-way to the city for the possible future extension of Wood Duck Lane to
Yosemite Avenue.
Staff notes that the proposal is consistent with the Comprehensive Plan and is generally consistent
with the Zoning Ordinance.
Planning Commission
Nye Addition
May 5, 2020
Page 5 of 12
EXISTING CONDITIONS SURVEY
The applicant has provided an existing conditions and boundary survey that generally meets the
requirements of City Ordinance Sec. 18-40. The survey identified private fencing that is located
in public right-of-way and crossing property lines. Any private fencing that extends into or from
adjacent properties into the proposed subdivision, or private fencing that extends into public
right-of-way, shall be removed with continued coordination with the affected property owners.
Also, a well was identified on the provided survey. As both lots will have water services via
public water mains, this well shall be abandoned in accordance with the Minnesota Department
of Health’s review and regulations. Furthermore, all required permits from the appropriate
regulatory agencies shall be obtained prior to the commencement of any abandonment.
EASEMENTS AND RIGHT-OF-WAY
The applicant is proposing standard drainage and utility easements (D&U) for the neighborhood
around each lot on the proposed plat, which generally includes six feet on side and rear lot lines
and ten feet on front lot lines. Per City Ordinance, standard D&U’s are five feet on side and rear
lot lines; the additional one foot is consistent with the surrounding subdivisions and staff has no
concerns with the additional dedication.
The proposed plat illustrates a dedication of public right-of-way for the possible future extension
of Wood Duck Lane. The dedicated portion of public right-of-way will be adequate to achieve a
consistent 50-foot wide right-of-way throughout the corridor. While 50 feet is not the city’s
standard right-of-way width, it will be consistent with the surrounding right-of-ways such as 63rd
Street W. to the north and Wood Duck Lane to the south (also 50 feet wide) and is all that is
necessary to improve the future street, which is heavily constrained by private properties.
The applicant has proposed the dedication of Outlot A to the city, which would encompass the
delineated wetland in its entirety. Staff recommends extending the boundaries of Outlot A to
incorporate the wetland buffer. This will require a 6-foot D&U abutting Outlot A’s new
boundary line rather than the proposed 24-foot D&U. The proposed plat should be adjusted
accordingly.
STREETS
The proposed subdivision has frontage on both 63rd Street W. to the north and Wood Duck Lane
to the south. Lot 1 will maintain the existing connection to 63rd Street W. and the newly created
Lot 2 will connect to existing Wood Duck Lane right-of-way. The applicant is proposing to
reconstruct the temporary cul-de-sac at the end of Wood Duck Lane to bring it into conformance
with city standards and city ordinances. The temporary cul-de-sac standard from city Detail
Plate #5205B requires a diameter of 70 feet. The cul-de-sac is located in an area with significant
grade change to the north and one existing access to the south from 1641 Wood Duck Lane and
thus the applicant has proposed a modified temporary cul-de-sac from Detail Plate #5205B.
After review by staff, the proposed modification is generally acceptable as it meets the intent of
Detail Plate #5205B while maintaining access to 1641 Wood Duck Lane for when the street is
extended in the future. Due to the substantial grades to the north, the applicant proposes to
Planning Commission
Nye Addition
May 5, 2020
Page 6 of 12
regrade to achieve a 2:1 grade; if a retaining wall is required, all walls exceeding 4’ in height
shall be constructed in accordance with plans prepared by a registered engineer and shall be
constructed of a durable material (smooth face concrete/poured in place, masonry/mortared,
railroad ties and timber are prohibited).
GRADING & DRAINAGE
The applicant is proposing minimal grading for the subdivision. The preliminary grading plans
indicate that drainage will be routed away from the proposed new housing pad on Lot 2 and
maximum driveway grades are to be maintained at 3.7%, which is in accordance with city
ordinances. Additional grading, discussed previously under “Streets”, is required to reconstruct
the existing cul-de-sac at the end of Wood Duck Lane. Due to the grades and relative scope of
impact, the public improvements and the site grading on Lot 2 are likely to occur simultaneously.
This approach has been reviewed by staff and is acceptable as proposed.
EROSION PREVENTION AND SEDIMENT CONTROL
The proposed development will not exceed one (1) acre of disturbance and will, therefore, not be
subject to the General Permit Authorization to Discharge Stormwater Associated with
Construction Activity Under the National Pollution Discharge Elimination/State Disposal
System (NPDES Construction Permit). However, an Erosion and Sediment Control Plan (ESCP)
in adherence with the City Code of Ordinances shall be submitted for the grading operations of
the subdivision as more than 5,000 square feet of land is being disturbed. This ESCP shall be a
stand-alone document that must include the requirements listed under City Code of Ordinances
Sec. 19-145.
WATER MAIN AND SANITARY SEWER
The proposed subdivision has access to public sanitary sewer and water mains that are located
within abutting right-of-ways. The existing home on Lot 1 currently has active sanitary sewer
and water services from the mains located within 63rd Street W. right-of-way to the north. The
applicant is proposing to maintain those services. However, Lot 2 will require new services to be
tapped from the sanitary sewer and water mains located through Wood Duck Lane right-of-way
to the south. This will require the developer to extend the existing public sanitary sewer main
within Wood Duck Lane right-of-way to the east, approximately 150 lineal feet. The applicant
has shown within the preliminary plans the feasibility of this extension and the general
conformity to city Standard Specifications and Detail Plates. Prior to extending the sanitary
sewer main, the existing manhole in which the extension is to occur (MH 04-110) shall be
inspected to ensure it is in good condition and is up to city standards. Any required repairs will
be the responsibility of the developer. This extended public sanitary sewer main shall be owned
and maintained by the city after acceptance of the public improvement by the City Council. The
developer’s contractor shall schedule a preconstruction meeting with Engineering and Public
Works Utilities prior to the commencement of any work to the sanitary sewer main extension.
Planning Commission
Nye Addition
May 5, 2020
Page 7 of 12
WETLANDS
The wetland located on Lot 2 was delineated by Alliant Engineering, Inc. in the Fall of 2019.
The delineation and classification was approved by the city. As discussed previously, the
applicant is proposing to dedicate Outlot A to the city, which fully encompasses the 2019
delineated wetland located on Lot 2. There are additional wetlands within the subdivision,
located in the western portion of Lot 1, however these wetlands have already been covered by
drainage and utility easements back in 2006, and are to be maintained. The applicant is
proposing no impacts to the wetlands on either Lot 1 or 2. All requirements of the Riley
Purgatory Bluff Creek Watershed District regarding wetland buffers shall be adhered to.
STORMWATER MANAGEMENT
Article VII, Chapter 19 of the City Code describes the required stormwater management
development standards. Section 19-141 states that “these development standards shall be
reflected in plans prepared by developers and/or project proposers in the design and layout of site
plans, subdivisions and water management features.” Furthermore, all conditions, comments,
and applicable permits required by Riley Purgatory Bluff Creek Watershed District shall be
adhered to.
STORMWATER UTILITY CONNECTION CHARGES
Section 4-30 of the City Code sets out the fees associated with surface water management. A
water quality and water quantity fee are collected with a subdivision. These fees are based on
land use type and are intended to reflect the fact that the more intense the development type, the
greater the degradation of surface water.
This fee will be applied to the new lot of record being created. It is calculated as shown in the
table below:
SURFACE WATER
DEVELOPMENT
FEE
AREA PER ACRE FEE ACRES FEE
GROSS AREA $8,490 0.831 $ 7,055.19
OUTLOT A $8,490 0.336 $ (2,852.64)
ROW $8,490 0.123 $ (1,044.27)
NET AREA 0.372 $ 3,158.28
ASSESSMENTS
Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be
assessed at the rate in effect at that time. The remaining partial hookups fees are due with the
building permit.
FEES
Based on the proposal, the following fees would be collected with the development contract:
Planning Commission
Nye Addition
May 5, 2020
Page 8 of 12
a) Administration Fee: If the improvement costs are between $500,000 and $1,000,000, 2%
of the improvement costs. If the improvement costs exceed $1,000,000, 2.5% of the first
$1,000,000 plus 1.5% of the remainder.
b) Surface Water Management Fee: $3,158.28
c) A portion of the water hook-up charge: $2,392.00/unit
d) A portion of the sanitary sewer hook-up charge: $691.00/unit
e) Park Dedication Fee: $5,800.00
f) GIS fees: $25 for the plat plus $10 per parcel
LANDSCAPING AND TREE PRESERVATION
The applicant for the Nye Addition has submitted tree canopy coverage and preservation
calculations. They are as follows:
Total upland area (excluding wetlands): 5.45 ac. or 237,794 SF
Baseline canopy coverage: 44% or 105,761 SF
Minimum canopy coverage required: 35% or 83,227 SF
Proposed tree preservation: 39% or 95,113 SF
The developer meets minimum canopy coverage for the site. A minimum of one tree is required
to be planted in the front yard of the new home as required by ordinance.
COMPREHENSIVE PARK PLAN
The city’s comprehensive park plan
calls for a neighborhood park to be
located within one-half mile of
every residence in the city. Nye
Addition is located within one-half
mile of both Curry Farms Park and
Pheasant Hill Park. These two
neighborhood park locations offer
ample amenities for those residing
in the Nye Addition.
COMPREHENSIVE TRAIL
PLAN
City trails located within both Curry
Farms Park and Pheasant Hill Park
and adjacent to Lake Lucy Road
provide convenient trail
connections for both recreation and transportation.
Planning Commission
Nye Addition
May 5, 2020
Page 9 of 12
COMPLIANCE TABLE
SUBDIVISION - FINDINGS
1. The proposed subdivision is consistent with the zoning ordinance.
Finding: The subdivision meets all of the requirements of the RSF, Residential Single-
Family District, and the Zoning Ordinance if the private street variance is approved.
2. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's Comprehensive Plan.
Finding: The proposed subdivision is consistent with the Comprehensive Plan and
Subdivision Ordinance.
3. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and
stormwater drainage are suitable for the proposed development.
Finding: The proposed site is suitable for development subject to the conditions specified
in this report.
4. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter.
Finding: The proposed subdivision is served by adequate urban infrastructure.
5. The proposed subdivision will not cause environmental damage.
Finding: The proposed subdivision will not cause significant environmental damage
subject to the conditions of approval. The proposed subdivision contains adequate open
areas to accommodate house pads.
Lot Area
(sq. ft.)
Lot
Width
Lot
Depth Setbacks
Code (RSF) 15,000 90 125
Front/Rear: 30 feet
Side: 10 feet
Wetland: 50 feet (30-foot setback
+ 20-foot permanent buffer)
Lot 1 221,390 500 359
Lot 2 36,196 299 192
Outlot A 15,951
Right-of-Way 5,371
Total 278,909
Planning Commission
Nye Addition
May 5, 2020
Page 10 of 12
6. The proposed subdivision will not conflict with easements of record.
Finding: The proposed subdivision will not conflict with existing easements but rather
will expand and provide all necessary easements.
7. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
Finding: The proposed subdivision will have access to public utilities and streets.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
“The Chanhassen Planning Commission recommends approval of the preliminary plat to
subdivide 6.4 acres into two lots and one outlot as shown in plans dated March 27, 2020, subject
to the following conditions and adoption of the Findings of Fact and Decision Recommendation:
SUBDIVISION
Engineering:
1. Private fencing extending into the public right-of-way or into the proposed subdivision
shall be removed. Continued coordination with all affected property owners shall be the
responsibility of the developer.
2. The developer shall abandon all existing wells in accordance with all federal, state and
local regulatory agencies’ standards, and obtain all necessary permits for said
abandonments prior to building permits being issued. Prior to commencement of
abandonment activities, a copy of all required permits from the appropriate regulatory
agencies shall be provided to the city.
3. The applicant shall dedicate public right-of-way adequate for a 50-foot wide corridor for
the possible future extension of Wood Duck Lane prior to recording of final plat.
4. Outlot A shall encompass the delineated wetland and also encompass the appropriate
buffer determined by the Riley Purgatory Bluff Creek Watershed prior to recording of
final plat.
5. The developer shall reconstruct the temporary cul-de-sac located at the end of Wood
Duck Lane in accordance with city Standard Specifications and Detail Plates, subject to
Planning Commission
Nye Addition
May 5, 2020
Page 11 of 12
review and approval by the city. The extension shall be owned and maintained by the city
after acceptance of the public improvements by the City Council.
6. All retaining walls exceeding 4’ in height shall have plans and details prepared by a
registered engineer prior to issuance of a Notice to Proceed.
7. The developer shall extend the existing public sanitary sewer main within Wood Duck
Lane right-of-way. All extended sanitary sewer mains shall be public sanitary sewer
mains, owned and maintained by the city after acceptance of the public improvements by
the City Council.
8. The developer or their contractor shall schedule an inspection of the existing manhole in
which the extension is to be had from (MH 04-110) to ensure it is in good condition and
meets city standards. Any required repairs will be the responsibility of the developer.
9. The developer’s contractor shall schedule a preconstruction meeting with Engineering
and Public Works Utilities prior to the commencement of any work to the sanitary sewer
main extension.
10. All conditions, comments, and applicable permits required by the Riley Purgatory Bluff
Creek Watershed District shall be adhered to.
Parks:
1. Full park fees in lieu of parkland dedication and/or trail construction are collected. The Park
fees shall be collected in full at the rate in force upon final plat submission and approval. At
today’s rate, these fees would total $5,800 (1 lot x $5,800 per lot) for the one new lot
without an existing home.
Environmental Resources Coordinator:
1. Tree preservation fencing must be installed at the edge of grading limits prior to any
construction activities.
Building Official:
1. Demolition permits must be obtained prior to demolishing any structures on the site.
2. A building permit/plans must be submitted and approved prior to construction.
3. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
4. Separate sewer and water services must be provided for each lot.
Planning Commission
Nye Addition
May 5, 2020
Page 12 of 12
Planning:
1. An escrow of 110% of the estimated removal cost of the existing accessory structure on
Lot 2 shall be posted with the city prior to recording of the final plat. The accessory
structure must be removed within four months of the approval of the final plat.
ATTACHMENTS
1. Findings of Fact and Recommendation Decision.
2. Development Review Application.
3. Preliminary Plat Sheets dated March 27, 2020.
4. Public Hearing Notice and Affidavit of Mailing List.
5. Neighborhood Petition regarding “Nye Development_63rd Street”.
6. Petition to “Save Wood Duck Lane”.
7. City Council Minutes dated April 20, 1987.
8. E-mail from Adam Peterson dated April 28, 2020.
9. E-mail from Woody Love regarding the 60-day deadline dated March 27, 2020.
10. E-mail from Ken Ashfeld dated April 29, 2020.
g:\plan\2020 planning cases\20-06 nye addition sub and var\staff report preliminary.docx
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Nye Addition for Subdivision approval.
On May 5, 2020, the Chanhassen Planning Commission met at its regularly scheduled meeting to
consider the application of Nye Addition for preliminary plat approval of property into two lots
and one outlot. The Planning Commission conducted a public hearing on the proposed
subdivision preceded by published and mailed notice. The Planning Commission heard
testimony from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single-Family Residential - RSF.
2. The property is guided in the Land Use Plan for Low Density Residential.
3. The legal description of the property is: See Attached Exhibit A
4. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse affects of the proposed subdivision. The seven affects and our findings regarding
them are:
SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the zoning ordinance;
Finding: The subdivision meets all the requirements of the RSF, Residential Single-
Family District and the zoning ordinance if the conditions of approval are met.
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
Finding: The proposed subdivision is consistent with the Comprehensive Plan and
subdivision ordinance if the conditions of approval are met.
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater
drainage are suitable for the proposed development;
Finding: The proposed site is suitable for development subject to the conditions specified
in this report.
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
Finding: The proposed subdivision will provide adequate urban infrastructure subject to
the conditions specified in this report.
e. The proposed subdivision will not cause environmental damage;
Finding: The proposed subdivision will not cause significant environmental damage
subject to conditions of approval. The proposed subdivision contains adequate open areas
to accommodate house pads.
f. The proposed subdivision will not conflict with easements of record; and
Finding: The proposed subdivision will not conflict with existing easements, but rather
will expand and provide all necessary easements.
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1) Lack of adequate stormwater drainage.
2) Lack of adequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off-site public improvements or support systems.
Finding: The proposed subdivision will have access to public utilities and streets if the
specified conditions of approval are met.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Preliminary
Plat.
ADOPTED by the Chanhassen Planning Commission this 5th day of May, 2020.
CHANHASSEN PLANNING COMMISSION
BY:
Steven Weick
g:\plan\2020 planning cases\20-06 nye addition sub and var\findings of fact.docx
AuthentIslgnID:98EDF94F•B06A•4122•A8C6-3147CSD39E84 PC Qv,C `Cec,
rCOMMUNITY DEVELOPMENT DEPARTMENT
Planning Division—7700 Market Boulevard Of SANMailingAddress— P.O. Box 147, Chanhassen, MN 55317 CRT
Phone: (952)227-1300/Fax: (952)227-1110
r
APPLICATION FOR DEVELOPMENT
lREVIEW
I rSubmittalDater! c9 I
7 I PC Date:s ,S ( d U CC Date:c 1 oll / L c60-Day Review Date: L. I 0
Section 1: Application Type (check all that apply)
Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
Comprehensive Plan Amendment 600 Subdivision (SUB)
El Minor MUSA line for failing on-site sewers $100 Create 3 lots or less 300
El Create over 3 lots 600 + $15 per lot
Conditional Use Permit(CUP)lots)
El Single-Family Residence 325 El Metes & Bounds (2 lots) 300
All Others 425 El Consolidate Lots 150
El Interim Use Permit(IUP) El Lot Line Adjustment 150
El Final Plat 700
In conjunction with Single-Family Residence..$325
Includes $450 escrow for attorney costs)*El All Others 425 Additional escrow may be required for other applications
through the development contract.
El Rezoning (REZ)
El Planned Unit Development (PUD) 750 El Vacation of Easements/Right-of-way(VAC) $300
El Minor Amendment to existing PUD 100 Additional recording fees may apply)
All Others 500
Variance (VAR) 200
El Sign Plan Review 150
El Wetland Alteration Permit(WAP)
Site Plan Review(SPR) El Single-Family Residence 150
Administrative 100 All Others 275
El Commercial/Industrial Districts* 500
Plus $10 per 1,000 square feet of building area: Zoning Appeal 100
thousand square feet)
Include number of existing employees:
El Zoning Ordinance Amendment(ZOA) 500
Include number of new employees:
El Residential Districts 500 NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
Plus $5 per dwelling unit( ,units)
Notification Sign (City to install and remove) 200
Property Owners' List within 500' (City to generate after pre-application meeting)3 per address
89 addresses)
E l Escrow for Recording Documents (check all that apply)50 per document
E l Conditional Use Permit El Interim Use Permit El Site Plan Agreement
E l Vacation El Variance El Wetland Alteration Permit
Metes& Bounds Subdivision (3 docs.)El Easements ( easements) El Deeds
TOTAL FEE: $1,467.00
Section 2: Required Information
Description of Proposal: Requesting approval to subdivide 1 existing residential parcel into 2 single family residential lots.
Property Address or Location: 1641 63rd St W
Parcel#:254150012 Legal Description:Lot 3, Block 1, Lenvilla Estates, Carver County, Minnesota
Total Acreage: 6.40 Wetlands Present? 0 Yes El No
Present Zoning: Single-Family Residential District (RSF) Requested Zoning: Single-Family Residential District (RSF)
Present Land Use Designation: Residential Low Density Requested Land Use Designation: Residential Low Density
Existing Use of Property: 1 Single Family Residence
OCheck box if separate narrative is attached.
Authentisign ID:98EDF94F-B06A-4122-A8C6-3147C5D39E84
I
r
Section 3: Property Owner and Applicant Information
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name:Engel & Volkers Contact:Woody Love
Address: 18202 Minnetonka Blvd, Ste 100 Phone: 612) 695-3001
City/State/Zip: Deephaven, MN. 55391 Cell:
Email:Authenti-: oody@woodylove.com Fax:
Signature:
wactivwzove Date:
3/1812020 11:12:00 AM CDT
PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Name: Ann Nye -Trustee Contact: Ann Nye
Address: 1641 63rd St. W Phone:
City/State/Zip: Chanhassen, MN. 55331 Cell:
Email: Authentic annnye@q.com Fax:
Signature: [ait.Nçew. ttDate:
3118/7020 130 33 PM CDT
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
PROJECT ENGINEER (if applicable)
Name: Alliant Engineering, Inc. Contact:Mark Rausch
Address: 733 Marquette Ave Ste. 700 Phone: 612) 758-3080
City/State/Zip: Minneapolis, MN. 55402 Cell:
Email: mrausch@alliant-inc.com Fax:
Section 4: Notification Information
Who should receive copies of staff reports? Other Contact Information:
E Property Owner Via: 0 Email 0 Mailed Paper Copy Name: _
Applicant Via: E Email El Mailed Paper Copy Address:
0 Engineer Via: Email El Mailed Paper Copy City/State/Zip:
Other* Via: Email El Mailed Paper Copy Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing.
f
SAVE FORM PRINT FORM SUBMIT FORM
E
CITY OF CHANHASSEN
STATE OF MINNESOTA)
(ss
COTINTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
April 23,2020, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy ofthe attached notice of Public
hearing to consider a request for approval for the subdivision of 6.4 acres into two single-
family lots with variances for property located at 1641 W. 63'd Street (Nye Addition);
Zoned Single-Famity Residential (RSF)' Planning Case File No. 2020-06 to the persons
named on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope addressed to
such owner, and depositing the envelopes addressed to all such owners in the United States mail
with postage fully prepaid thereon; that the names and addresses ofsuch owners were those
appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by
other appropriate records.
Kim Meuwissen, De k
Subscribed and swom to belore me
thi#dayofAo,l t ,zozo
JEA'{ M
(Seal)
lhry htlo.l ilte.da
Notary Publi
(*eEr.fr l,&b
AFFIDAVIT OF MAILING NOTICE
Dbclrlmer
This map is neither a legally ecorded map nor a survey and is not intended to tre used
as one. ihis map is a compilatlon of records, information and data located in various city,
countv. state and federal ofrces and olhe, sources regardrng the area shown. and is to
be used lor reierence purposes only The Cry does nol wanant thal the Geographrc
lnformatron System (GlS) Data used to prepare this map are enor free and the City does
not represeni that the Gls oala can be used for navigatjonal, tracking or any olher
purpoae .equinng exactng measuGment of distance or directon or preosion in the
depiction of geographic features. The pr€{eding disclaimer is provided pu6uanl to
Minnesob Statutes 5466 03. Subd 21 (2000), and the us€r of this map actnowledges
that the city shall not be liable for any damages, and exptessly waaves all claims and
agrees to defend. indemnify. and hold hamless the City from any and allclaims brought
bt User, its employees or agents. or third parties which arise out ot the use/s access or
use of data provided
tTAX NAMEI
(TAX_ADO-Ll )
<TAX-ADD-L2tr
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ITAX_ADD_L1l
ITAX_ADD_L2r,
Subject
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Dbclalnre,
mis map as nerther a lelally re@rded map nor a survey and is not rnlended to be used
as one This map is a @mpilation ot records, infomalion and data located in various city.
counlv. stale ancl lederalofrces and olher sour@s regardlng the area shown. and is to
be ufu for reference purposes only The Crty does not wanant that lhe Geographic
lnformetron System (GlS) Data used to prepsre this map are eror f.ee and the Crty does
not represenl that the Gls Data can be used for nav€atjonal, facking or any other
purpoie requinng exactng measuremenl of distance or darcdion or precisaofl in the
depictaon of geographic features The peceding disclaimer is provided pu6uant to
Minnesota Statutes 5466 03. Subd. 21 (2000), and lhe user of this map acknowledges
thal the Crty shall not be liable to. any damages, and expressly waives all claims and
agrees lo defend, indemnify, and hold harmless the City from any and all daims bought
by user, rts employees or agenls, or third parlies which anse out of lhe users access or
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Date: October 10,2019
To: Chanhassen City Council Planning Commission
From: West 63'd Street Neighborhood
Subject: Petition Regarding Potential Development of 1641 West 63'd Street
The West 63'd Street neighbors would like any potential development of the property at 164l
West 63'd Street to maintain the character of the neighborhood by keeping home density to a
minimum. Although we recognize the right of property owners to sell and develop their land,
we are concerned with the scope and impact that apotential development of Nye's property
at 164l West 63'd Street could have on the West 63'd Street neighborhood, especially in
relation to the following:
A. Access to any potential development; and
B. Potential demolition of the wooded areas on the property.
A.)The West 63'd Street neighborhood respectfully requests that access to any potential
development that consists of more than2 homes be from Yosemite Avenue or from Wood
Duck Lane and not from West 63'd Street due to the following concems:
1) West 63rd Street is already a heavily traveled street with confirmed traffic coming
from Audubon Circle, Blue Jay Circle, Cardinal Avenue, Ringneck Drive and Lake
Lucy Road, as well as vehicles that take West 63'd Street to cut through to Galpin
Boulevard and to Highway 7. (Please see attached map.)
In fact, in20l8 the city denied the West 63'd Street neighborhood's request to hold the
annual neighborhood National Night Out/ Night to Unite gathering on West 63'd
Street for safety reasons due to the large amount of traffic that exists on this road.
Both the congestion and speed of traffic are also a safety hazard for the many young
children that currently live on West 63'd Street.
2) If access to a new development is allowed from West 63'd Street, the additional
homeowners' cars, visitors' vehicles, garbage trucks, delivery trucks, and school
buses would add to the heavy traffic load that already exists on West 63'd Street.
Development of the property at 164l West 63'd Street would be the perfect
opportunify to decrease the traffic congestion that currently exists on West 63'd Street.
3) The current driveway for the Nye's properfy is unsuitable to become an access road
for a potential development of more than two homes due to significant safety
4)
s)
6)
concerns. First, the intersection of Audubon Circle and West 63'd Street is just a few
feet from Nye's driveway. Second, Nye's driveway, the intersection of West 63'd
Street with Audubon Circle, and the driveway of 1630 West 63rd Street all sit within
feet of each other at the top of a hill. Access at the top of this hill is already dangerous
due to the poor visibility of high speed traffic coming from both directions. Tuming
Nye's residential driveway into an access road for a potential development will create
an increased risk of accidents.
The Nye's driveway on West 63rd Street is also unsuitable for an access road because
the headlights of the large number of vehicles that would be coming and going to a
potential development would shine directly into the windows of 1630 West 63rd
Street. There would also be a risk of vehicles sliding into the residence at 1630 West
63rd Street from such an access road during the winter because of the significant slope
from the Nye property to the street.
During the slippery conditions of winter, traveling eastbound on West 63rd Street is
dangerous due to the steep downward slope toward the intersection with Yosemite
Avenue. Additional traffic coming and going on West 63rd Street creates an increased
risk for accidents.
West 63rd Street is considered a "residential" street at 31 feet wide from curb to curb,
versus a'ocollector" road like Yosemite Avenue which is 36 feet wide from curb to
curb. As a "collector" road, Yosemite Avenue is better suited to handle the heavy
construction vehicles and equipment that will be coming and going during
development.
7) In2003 Barbara Solum, owner of 1630 West 63rd Street, was told that City of
Chanhassen staff would recommend that access to any future development of Nye's
properly would not be through West 63rd Street, but rather through Yosemite Avenue
for emergency management purposes.
8) The parcel of Nye's property facing West 63rd Street would create a perfect 100-foot
lot for a single-family home because it would be of comparable size to all of the other
lots on West 63rd Street and because all utilities would be accessible to this potential
lot, creating ease in hook-ups.
B.) Our second concem is the significant impact that a potential development of 1641 West
63'd Street could have on the wooded area behind the home at 1681 West 63'd Street. The
neighbors on West 63'd Street chose to live on this street rather than in a new development
due to the character of the neighborhood with its wooded areas and mature trees. Although
trees may be considered a "renewable resource," their destruction completely transforms the
nafure of the neighborhood, removing much of its charm and character, for decades.
In conclusion, we respectfully request that the city direct access to any potential
development of the properfy at 164l West 63'd Street that consists of more than two homes
to be from the south. We also respectfully request that the city protect the woods on the
developable portions of the properfy.
Thank you,
The neighborhood of West 63'd Street
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Al-Jaff, Sharmeen
From: Woody Love <woody@woodylove.com>
Sent: Friday, March 27, 2020 3:09 PM
To: Al-Jaff, Sharmeen
Cc:Mark Rausch; CenturyLink Customer; Tim Keane
Subject: 63rd
Sharmeen
I have talked with Mark.
As applicant, we are aware that we are submitting early. Further, we are aware that any time periods,
specifically the 60 day rule, does not begin until the application deadline of April 3, 2020
Please contact me with any need for further clarification.
Woody Love
612.695.3001
Sent from my Sprint Samsung Galaxy Note10+.
1
PLANNING COMMISSION STAFF
REPORT
Tuesday, May 5, 2020
Subject Election of Chair and ViceChair
Section NEW BUSINESS Item No: C.1.
Prepared By Kate Aanenson, Community
Development Director
File No: General 109A9
PROPOSED MOTION:
The Planning Commission motions to elect as chair and as vice chair.
BACKGROUND
According to the Planning Commission Bylaws, Section 4.1Election of Officers, at the first meeting in April of each
year, the Planning Commission shall hold an organizational meeting. At this meeting the Commission shall elect from its
membership, a Chairperson and ViceChairperson. Each member shall cast their vote for the member they wish to be
chosen for Chairperson. If no one receives a majority vote, voting shall continue until one member receives the majority
support. The ViceChairperson shall be elected from the remaining numbers of the same proceeding.
PLANNING COMMISSION STAFF
REPORT
Tuesday, May 5, 2020
Subject Adoption of Bylaws
Section NEW BUSINESS Item No: C.2.
Prepared By Kate Aanenson, Community
Development Director
File No: General 109A9
PROPOSED MOTION:
The Planning Commission adopts the City of Chanhassen Planning Commission bylaws.
ATTACHMENTS:
Bylaws
Adopted 4-7-2020
BYLAWS
PLANNING COMMISSION
CITY OF CHANHASSEN
The following bylaws are adopted by the city Planning Commission to facilitate the performance
of its duties and the exercising of its functions as a commission established by the City Council
on June 17, 1968 and pursuant to the provision of Subdivision 1, Section 462.354 Minnesota
State Statutes annotated.
SECTION 1 - DUTIES AND RESPONSIBILITIES - PLANNING COMMISSION:
1.1
The Planning Commission shall serve as an advisory body to the City Council through carrying
out reviews of planning matters. All final decisions are to be made by the City Council.
1.2
The Planning Commission shall prepare a Comprehensive Plan for the future development of the
city and recommend on amendments to the plan as they arise.
1.3
The Planning Commission shall initiate, direct, and review the provisions and standards of the
Zoning Ordinance and Subdivision Regulations and reports its recommendations to the City
Council.
1.4
The Planning Commission shall review applications and proposals for zoning ordinance
amendments, subdivisions, street vacations, conditional use permits and site plan reviews and
make their recommendations to the City Council in accordance with the Zoning Ordinance and
Subdivision Ordinance.
1.5
The Planning Commission shall hold public hearings on development proposals as prescribed by
the Zoning and Subdivision Ordinances.
1.6 - Establishment of Subcommittees
The Planning Commission may, as they deem appropriate, establish special subcommittees
comprised solely of their own members.
Adopted 4-7-2020
SECTION 2 - MEETINGS:
2.1 - Time
Regular meetings of the Planning Commission shall be held on the first and third Tuesday of
each month at 7:00 p.m. at the City Council Chambers, 7700 Market Boulevard, unless otherwise
directed by the Chairperson, in which case at least 24-hours’ notice will be given to all members.
Regular meetings shall have a curfew of 10:30 p.m. which may be waived at the discretion of the
Chairperson. All unfinished business will be carried over to the next regular Planning
Commission meeting.
When the regular meeting day falls on a legal holiday, there shall be no Planning Commission
meeting.
2.2 - Special Meetings
Special meetings shall be held upon and called by the Chairperson, or in his/her absence, by the
Vice-Chairperson or any other member with the concurrence of four other members of the
Planning Commission, and with at least 48 hours of notice to all members. Notice of all special
meetings shall also be posted on the official city bulletin board.
2.3 - Attendance
Planning Commission members shall attend not less than seventy-five (75%) percent of all
regular and special meetings held during a given (calendar) year, and shall not be absent from
three (3) consecutive meetings. Failure to meet this minimum attendance requirement will result
in removal from the Planning Commission.
SECTION 3 - COMMISSION COMPOSITION, TERMS AND VACANCIES:
3.1 - Composition
The Planning Commission shall consist of seven (7) voting members. Seven members shall be
appointed by the City Council and may be removed by the City Council.
3.2 - Terms and Vacancies
The City Council shall appoint seven members to the Commission for terms of three (3) years.
Vacancies during the term shall be filled by the City Council for the unexpired portion of the
term. Every appointed member shall, before entering upon the charge of his/her duties, take an
oath that he/she will faithfully discharge the duties of his office. All members shall serve
without compensation.
3.3 - Quorum
Four planning Commission members shall constitute a quorum for the transaction of business.
Adopted 4-7-2020
Whenever a quorum is not present, no final or official action shall be taken at such meeting.
SECTION 4 - ORGANIZATION:
4.1 - Election of Officers
At the first meeting in April of each year, the planning Commission shall hold an organization
meeting. At this meeting, the Commission shall elect from its membership a Chairperson and
Vice-Chairperson. Each member shall cast its vote for the member he wishes to be chosen for
Chairperson. If no one receives a majority, voting shall continue until one member receives the
majority support. Vice-Chairperson shall be elected from the remaining numbers of the same
proceeding.
4.2 - Duties of the Chairperson and Vice-Chairperson
The Chairperson or in his/her absence, the Vice-Chairperson, shall preside at meetings, appoint
committees from its own membership, and perform other such duties as ordered by the
Commission.
The Chairperson shall conduct the meeting so as to keep it moving rapidly and efficiently as
possible and shall remind members, witnesses and petitioners to preserve order and decorum and
to keep comments to the subject at hand.
The Chairperson shall not move for action but may second motions.
SECTION 5 - PROCEDURE:
5.1 - Parliamentary Procedure
Parliamentary Procedure governed by Roberts Rules of Order Revised, shall be followed at all
regular meetings. At special work session meetings, and when appropriate, the Planning
Commission may hold group discussions not following any set Parliamentary Procedures except
when motions are before the Planning Commission.
SECTION 6 - PUBLIC HEARINGS:
6.1 - Purpose of Hearings
The purpose of a hearing is to collect information and facts in order for the Planning
Commission to develop a rational planning recommendation for the City Council.
6.2 - Hearing Procedure
At hearings, the following procedure shall be followed in each case:
a. The Chairperson shall state the case to be heard.
Adopted 4-7-2020
b. The Chairperson shall call upon the staff to present the staff report. Required reports
from each city department shall be submitted to the Planning Commission before each
case is heard.
c. The Chairperson shall ask the applicant to present his case.
d. Interested persons may address the Planning Commission, giving information regarding
the particular proposal.
e. Petitioners and the public are to address the Chairperson only, not staff or other Planning
Commissioners.
f. There shall be no dialogue among the Planner Commissioners giving information
regarding the particular proposal.
(The Planning Commission members may ask questions of persons addressing the
Planning Commission in order to clarify a fact, but any statement by a member of any
other purpose than to question may be ruled out of order.)
g. After all new facts and information have been brought forth, the hearing shall be closed
and interested persons shall not be heard again. Upon completion of the hearing on each
case, the Planning Commission shall discuss the item at hand and render a decision. The
Planning Commission, if it so desires, may leave the public record open for written
comments for a specified period of time.
h. The Chairperson shall have the responsibility to inform all the parties of their rights of
appeal on any decision or recommendation of the Planning Commission.
6.3 - Schedule
At meetings where more than one hearing is scheduled, every effort shall be made to begin each
case at the time set in the agenda, but in no case may an item be called for hearing prior to the
advertised time listed on the agenda.
SECTION 7 - MISCELLANEOUS:
7.1 - Planning Commission Discussion
a. Matters for discussion which do not appear on the agenda may be considered and
discussed by the Planning Commission under the On-going items section.
b. Matters which appear on the agenda as open discussion items will not be recorded as
minutes.
Adopted 4-7-2020
7.2 - Suspension of Rules
The Planning Commission may suspend any of these rules by a unanimous vote of the members
present.
7.3 - Amendments
Amendment of these bylaws may be made at any regular or special meeting of the Planning
Commission but only if scheduled on the meeting agenda in advance of the meeting.
7.4 - Review
At the first meeting in April of each year, these Bylaws shall be read and adopted by the
Planning Commission.
Chairperson:__________________________________ Date: _______________________
g:\plan\planning commission\bylaws\bylaws 2020.docx
PLANNING COMMISSION STAFF
REPORT
Tuesday, May 5, 2020
Subject Approval of Planning Commission Minutes dated February 18, 2020
Section APPROVAL OF MINUTES Item No: D.1.
Prepared By Nann Opheim, City Recorder File No:
PROPOSED MOTION:
The Chanhassen Planning Commission recommends approval of the minutes from its February 18, 2020 meeting.
ATTACHMENTS:
Planning Commission Summary Minutes dated February 18, 2020
Planning Commission Verbatim Minutes dated February 18, 2020
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
FEBRUARY 18, 2020
Chairman Weick called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Steve Weick, Mark Undestad, Mark Randall, John Tietz, and Michael
McGonagill
MEMBERS ABSENT: Doug Reeder, and Laura Skistad
STAFF PRESENT: Kate Aanenson, Community Development Director; and MacKenzie
Walters, Associate Planner
PUBLIC HEARING:
CONSIDER A REQUEST FOR SIGN VARIANCES FOR THE EXISTING MONUMENT
SIGN LOCATED AT 306 W. 78TH STREET (CHAPEL HILL).
MacKenzie Walters presented the staff report on this item. Ben James with Blue Label Creative
spoke on behalf of Chapel Hill and discussed the need for this signage. Chairman Weick opened
the public hearing. No one spoke and the public hearing was closed.
Undestad moved, McGonagill seconded that the Chanhassen Board of Appeals and
Adjustments recommends approval of the variance request to allow a 6 foot high ground
low profile sign with 35.33 square feet of total display area of which 16 square feet may be
an electronic message center, subject to the conditions of approval and adopts the attached
Findings of Fact and Decision:
1. The applicant must apply for and receive a sign permit from the City.
2. The Electronic Message Center (EMC) must comply with the City’s
Electronic Message Center Standards, save that it may have an EMC Display percentage
of 46.29 percent.
3. The ground low profile sign must meet the City’s design standards.
4. The ground low profile sign shall be located in the same position as the existing
monument sign.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Planning Commission Summary – February 18, 2020
2
APPROVAL OF MINUTES: Commissioner McGonagill noted the verbatim and summary
Minutes of the Planning Commission meeting dated February 4, 2020 as presented.
COMMISSION PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS. Kate Aanenson discussed action taken by the City
Council at their February 10, 2020 meeting and the upcoming schedule for the Planning
Commission.
Undestad moved, Randall seconded to adjourn the meeting. All voted in favor and the
motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was
adjourned at 7:25 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
FEBRUARY 18, 2020
Chairman Weick called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Steve Weick, Mark Undestad, Mark Randall, John Tietz, and Michael
McGonagill
MEMBERS ABSENT: Doug Reeder, and Laura Skistad
STAFF PRESENT: Kate Aanenson, Community Development Director; and MacKenzie
Walters, Associate Planner
PUBLIC HEARING:
CONSIDER A REQUEST FOR SIGN VARIANCES FOR THE EXISTING MONUMENT
SIGN LOCATED AT 306 W. 78TH STREET (CHAPEL HILL).
Walters: So this is a sign variance request. Chapel Hill Academy is requesting a variance for a 6
foot high ground low profile sign with a total of 35.33 square feet of sign display area. 16 square
feet of that is proposed as an electronic message center so a little overview of the site. Chapel
Hill is right downtown, pretty close to city hall and the proposed sign location is about where this
blue star is. It would be the location of the existing sign so the sign location wouldn’t be
changing. Only the height and size. Just to give a sense of the surrounding context, Chapel Hill
is zoned office institutional. They have residential single family to the north and east. We have
some preserve open space, A2 to the south. Another office institutional and then central business
district over here so it kind of is at the end of the commercial section of downtown. Just to
compare and provide some context for the sign code because we don’t see too many sign
variances, under the office institutional district business and institutional signs are allowed to be
up to 5 feet high with a maximum display area of 24 square feet. Electronic message centers are
an allowed type of signs, however the EMC’s and then governmental signs are allowed to be
larger so it’s for instance a public school or the Chanhassen library, even though it’s zoned office
institutional it’s allowed to have a larger sign. Up to 8 feet high and 120 square feet. In the case
of those 40 square feet of that display area can be electronic message centers. Right here is the
section of the city code that governs electronic message centers for signs up to 24 square feet up
to 50 percent of their display can be the EMC. If they’re over 24 feet but less than 64, 45 percent
of the display can be the EMC. There’s a few other rules that are in play. They can’t be within
50 feet of a street intersection. The sign itself cannot be within 125 feet of a residential district
and if they’re within 500 feet of single family homes they cannot be on between the hours of
6:00 a.m. and 10:00 p.m. There also are regulations in the city code that govern the maximum
brightness of EMC’s as well as preventing them from having moving or animated images so it
has to be a static display under the code. The applicant is proposing a 6 foot high sign so that’d
be a 1 foot variance from the height and the 35.33 square feet would be an 11.33 square foot
Chanhassen Planning Commission – February 18, 2020
2
variance from the maximum display area size. That would allow them to have a 16 square foot
electronic message center. Full disclosure that is a quarter percent larger than the display area
ration they’d be allowed but staff doesn’t consider a .1 square foot deviation to be significant.
So Chapel Hill believes that because they have a large number of different users that use the
building as well as a bunch of variable after school events and meetings that it is very difficult
for them to communicate the programming at their facility with a static display and that’s why
they’re requesting a larger electronic message center. They did note that the office institutional
zoning does allow public schools and similar government agencies to have much larger signage
than they are requesting. So comparing the existing sign to the proposed sign, the existing sign
is 5 feet tall. Has 24 square feet of display area and the EMC is about 9 ½ square feet and as
mentioned what they’re proposing would be a little over 11 square feet bigger in display area. A
foot taller with a 16 square foot electronic message center. I will mention before I get into the
staff assessment we were contacted by a resident who did express concern that this sign would
have much more of a visual impact than the existing sign. Predominantly due to the increased
lamination and they expressed some concern that pedestrians walking might find it distracting
along the sidewalk. When staff evaluated the proposal we do feel that this is a unique use in the
community and that the multiple different uses for the building and the variable programming
did justify or make a case for why a larger electronic message center may be appropriate. The
applicant had originally came in requesting a variance for an 8 foot tall sign with I believe it was
48 square feet of display area. Staff asked them to revise it to try to minimize the extent of the
variance and that’s what resulted in the current proposal which is a much smaller deviation from
the standards. The site’s location and orientation do place the sign near a lot of the commercial
uses in downtown and the building prevents it from being seen from the residential properties
and that’s one of the reasons why staff is comfortable recommending approval on this as well as
the sign being in the same location and does not believe that there will be any traffic safety risks
posed with this sign. With that I’d be happy to answer any questions you may have.
Weick: Thank you MacKenzie. Couple questions I do have. If you could, if you go back to
page 4 of 7 and you don’t have to flip there but it’s the chart. Underneath the chart there were 3
bullets. Yep. Of those 3 do any of those currently apply?
Walters: The sign meets all current ordinance so it’s 50 feet back from the intersection. The
sign, even though the border of the parcel is within 125 feet the sign itself is not within 125 feet.
It is within 500 feet so they would have to turn off the EMC between the hours of 10:00 p.m. and
6:00 a.m.
Weick: Okay. That was the only question I had. Anyone else for MacKenzie at this time? No?
I would invite the applicant to come forward. Just state your name for the record and tell us
about your project.
Ben James: Hi my name is Ben James and with Blue Label Creative and my kids have gone to
Chapel Hill. The oldest one is in eighth grade this year and the youngest is in third grade so I do
a lot of different projects from coaching sports. From basketball and soccer for the school as
Chanhassen Planning Commission – February 18, 2020
3
well as volunteering for other sun runs and other activities that they have. So with the school it’s
an important amenity and we are an important amenity and partner with the City of Chanhassen
and the sign would provide not only announcement of important school events but for the also
the churches and clubs and organizations that UCHA. It would also be used, could be used for
public service announcements and city event promotions as well so we would be open to
working with you guys on that. And MacKenzie did a great job kind of summing it up that it
doesn’t face any residential areas as well. We would be keeping the same pad that you see right
there. The brick and the electrical and everything it’s there. Part of the old display, there’s some
safety concerns with the fire wall. It’s not supported for the computer system that’s there
anymore so it is, we don’t want to have, open that up to any hackers or anything like that so
hopefully they’re not watching tonight. Whoops. You know so that’s really what we’re looking
to do in a nutshell. Did you have any questions?
Weick: Sure. Do you consider the sign to be more advertising or more, I’m going to draw a
blank but like location identification.
Ben James: It is more location identification. Trinity Hill Church right now, they take a banner
off of the front entrance every Sunday.
Weick: Okay.
Ben James: You know so it is for these clubs and organizations that are using it. There are
opportunities in the near future with some expansion. I’m sure that will be a different meeting to
bring other clubs and so forth in there so it’d be a way for notifying and identifying that. And
then there would be some for sporting events. You know when other teams come into play
games you know it’s just a good identification that that’s where the soccer or the, not soccer I
should say but basketball or volleyball games would be at.
Weick: Okay. And then if you were going to replace the sign if it needed to be upgraded, to be
within code you could, you could go and correct me if I’m wrong MacKenzie but we could go to
12, 12 square feet from an increase from the 9 ½ today they could go to 12 square feet and be
within code.
Walters: Yes they could, that’s what the city code would allow.
Weick: Is that something that you guys considered and I apologize I don’t have a real good
dimensional mind so I don’t know if there’s a huge difference between those or.
Ben James: Yeah, so with the panels that we’re using for the high resolution, they come in 12
inch square panels that can interchange. So having to customize and go into, they don’t make
like an 18 inch so you know we’d have to do some custom work on that with the LED’s to do
that so this is a less expensive solution than doing a custom size.
Chanhassen Planning Commission – February 18, 2020
4
Weick: Smaller size, okay. Anyone else with thoughts or questions? For the applicant.
Nothing?
McGonagill: It’s not 6 foot high white letters.
Weick: No. Well thank you then. I appreciate you coming forward and certainly clarifying
some of those items for us.
Ben James: Thank you for your time.
Weick: Thanks a lot. At this time we will open the public hearing portion. Anyone wishing to
come forward and offer an opinion on this item is welcomed to do so at this time. I thought
maybe we had someone moving but no, okay. Then seeing nobody come forward I will close the
public hearing portion and open for commissioner comment or a motion. Judging from the lack
of questions I’m assuming everyone’s you know tracking with this one.
Undestad: Yeah I think so.
McGonagill: It’s tastefully done. Like I said it’s not 6 foot high white letters so I’m, it’s not
bright. They’ll turn it off. It’s what it’s supposed to do and you know I will, for sure they use
that facility a lot for volleyball and basketball and be able to put that up. Who’s playing when
and at what time. It’s a great thing to have because they turn that facility around a lot I know
that.
Randall: Oh I’m sorry. Oh I was a little concerned about the residential impact but after seeing
how the building actually blocks the light from it so I know some of these signs, especially at
night they get really bright you know and with our hours that they’re going to be operational.
Weick: Yeah there’s some houses there on 78th maybe that just because of the angle. Like that
one on the corner maybe is, would be the one that I would certainly be, yeah. They seem to have
a pretty good, although it is.
Undestad: It’s at the other angle too though.
Weick: It is a different angle and I think there’s a little bit of a hill and then some trees and stuff,
I mean it’s not a straight shot. I’ve been along there quite a bit and it basically just, I mean we’re
a little less than doubling kind of what’s there today. As far as the electronic portion of it so.
McGonagill: I’m good with it.
Randall: I am too.
Weick: I certainly would entertain a motion.
Chanhassen Planning Commission – February 18, 2020
5
Undestad: I’ll make a motion that the Chanhassen Board of Appeals and Adjustments
recommends approval of the variance request to allow a 6 foot high ground low profile sign with
35.33 square feet of display area of which 16 square feet may be an electronic message center,
subject to the conditions of approval and adopts the attached Findings of Fact and Decision.
Weick: Thank you. We have a valid motion. Do we have a second?
McGonagill: I’ll second it.
Weick: We have a second from Commissioner McGonagill. Any further comment at this time?
Undestad moved, McGonagill seconded that the Chanhassen Board of Appeals and
Adjustments recommends approval of the variance request to allow a 6 foot high ground
low profile sign with 35.33 square feet of total display area of which 16 square feet may be
an electronic message center, subject to the conditions of approval and adopts the attached
Findings of Fact and Decision:
1. The applicant must apply for and receive a sign permit from the City.
2. The Electronic Message Center (EMC) must comply with the City’s
Electronic Message Center Standards, save that it may have an EMC Display percentage
of 46.29 percent.
3. The ground low profile sign must meet the City’s design standards.
4. The ground low profile sign shall be located in the same position as the existing
monument sign.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Weick: Hearing none the motion passes unanimously 5 to 0. Thank you everybody for
presenting this evening and coming. Appreciate it.
APPROVAL OF MINUTES: Commissioner McGonagill noted the verbatim and summary
Minutes of the Planning Commission meeting dated February 4, 2020 as presented.
COMMISSION PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS.
Weick: Kate I certainly would open it up for City Council update.
Chanhassen Planning Commission – February 18, 2020
6
Aanenson: You on your next agenda scheduled for March 17th. I’ll be looking at an amendment
to the PUD for Paisley Park that was linked to 12 events so they would like to try one outdoor
event and then we’d just kind of, MacKenzie put together that we use for all special events, the
permits on those so we’re only permitting ones that are over a certain volume and how they’re
regulated so we’ll have that public hearing. And then they talked about yard waste update just
because the County closed where you could take your yard waste so just kind of looking at that
so you won’t see anything on that but just ongoing discussion. Just want you aware of that.
Trying to get some additional days spring and fall. The council also approved an interim use
permit for the wetland for the very technical report on the slide we had on the light rail, on the
trail. The LRT trail so that got approved so that work should begin this spring and then also we,
the council passed a resolution adopting the Comprehensive Plan so that’s on the work session
for your April meeting that we are, first meeting with new commissioners but we’ll go through
that. Some of the significant changes. Kind of next steps so we actually have quite a few things
for that if it’s okay Chair I’ll just kind of jump to our upcoming agenda. We talked about PUD
on for that. We don’t have a meeting in 2 weeks, that March 3rd. That is the Presidential
nomination primary so we will not be meeting so our next get together for our last meeting with
John and Mark so I hope they’re both here on the 17th. Then on April 7th again we adopt the
bylaws, a Chair, Vice Chair. We’ll talk a little bit about development review process. I think
there were some questions on that. If there isn’t much on the agenda we might move that one up
but it’s kind of helpful for some of the new people there too. We’ll talk about the comp plan.
Some of the little tweaks we had to make or I guess kind of explaining our methodology, yeah.
Kind of more of what that was a lot of back and forth this last year and then we were asked to
look at some of the other goals of the other commissions on what they’re working on and how
we can be integrating that into what we’re doing and I think that will be helpful too when we do
our annual all commissions tour so that might be helpful too.
McGonagill: When is that all commissions tour?
Aanenson: Usually we do like in August. The first or second week in August.
McGonagill: Okay.
Aanenson: The other thing I do not have on your calendar and I apologize is, I will get that out
to you so you can put it on your calendar and that is the annual meeting with the City Council.
After they do their appointments then they’ll set that one so I’ll get that out to everybody to put
that on their calendar but with that we have candidates here so after you adjourn we’ll go into the
Fountain Conference Room and I’ll kind of be the gate keeper and get you set up and then direct
people when you’re ready.
Weick: One question, did you mention the item that we heard on the 4th. Did that go in front of
City Council?
Aanenson: The memory care?
Chanhassen Planning Commission – February 18, 2020
7
Weick: Yeah.
Aanenson: Yep that’s going next Monday.
Weick: They haven’t heard it yet?
Aanenson: Yep, a week from yesterday. Yes they have not heard it yet. Good question. They
have modifications to it and they know they can meet all those so based on what you saw, some
of the input you gave them so I think you’d be pleased with that.
McGonagill: What are some of the modifications they did Kate?
Aanenson: Pardon me?
McGonagill: What did they modify?
Aanenson: You know I haven’t gone through all the details with Sharmeen but Sharmeen said
they met pretty much all the criteria that was in there so I haven’t looked at that but I’ll share that
with you at your next meeting and show that to you.
McGonagill: Okay, thanks.
Tietz: Hey Kate I have a question. Sign variances. Didn’t we, wasn’t it a year and a half ago
when we approved the Youngstedt’s sign, electronic sign and that never has changed has it? Did
they back off of that?
Walters: That variance has lapsed. I unfortunately do not know why they decided not to proceed
with it. I had been under the impression they were good to go and they chose not to ultimately.
Tietz: Okay, yeah.
Aanenson: I’ll to circle back to Mark’s comments on NIT’s on signs. That’s the intensity so we
do ask the architect of those to measure those. So when there was a variance on those sometimes
the Planning Commission will go one way and the council will go another but the intensity of
those, yeah there is complaints on especially on Highway 5 when you’re driving by and they’re
very bright at night so we know the residents are sensitive to that so I appreciate that question.
So to the comment that this has to be shut off between 6:00 and 10:00 that kind of helps mediate
some of that. That’s all I had.
Weick: Great, thank you. With that I would entertain a motion to adjourn.
Chanhassen Planning Commission – February 18, 2020
8
Undestad moved, Randall seconded to adjourn the meeting. All voted in favor and the
motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was
adjourned at 7:25 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
PLANNING COMMISSION STAFF
REPORT
Tuesday, May 5, 2020
Subject City Council Action Update
Section ADMINISTRATIVE
PRESENTATIONS
Item No: E.1.
Prepared By Jean Steckling, Senior Admin. Support
Specialist
File No:
ATTACHMENTS:
City Council Action Update
City Council Action Update
MONDAY, FEBRUARY 24, 2020
No Planning Items.
MONDAY, MARCH 9, 2020
Approve a Request for Sign Variances for the Existing Monument Sign Located at 306 West
78th Street (Chapel Hill) - Approved
MONDAY, MARCH 23, 2020
Meeting cancelled.
APRIL 13, 2020
Approve Amendment to Option Agreement – 195 W. 79th Street – Approved 3-Month Extension
to September 10, 2020
Approve a Request to Rezone Property Located North of West 78th Street and West of Lake Ann
Park from Rural Residential District (RR) to High Density Residential District (R-16), Lot
Consolidation and Site Plan Review with Variances for the Construction of a 48-Unit Continuing
Care Retirement Facility (The Moments of Chanhassen) – Approved
APRIL 27, 2020
No Planning items.
Minutes for these meetings can be viewed and downloaded from the city’s website at
www.ci.chanhassen.mn.us, and click on “Agendas and Minutes” from the left-side links.
g:\plan\forms\development forms\city council action update.docx