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1986 02 12 PLANNING COMMISSION MINUTES REGULAR MEETING FEBRUARY 12, 1986 .tt Chairman Ryan called the meeting to order at 7:40 p.m. MEMBERS PRESENT Steven Emmings, Robert Siegel, Bill Ryan, Ladd Conrad, Howard Noziska and Mike Thompson. MEMBERS ABSENT Tim Erhart STAFF PRESENT Barbara Dacy, City Planner, Jo Ann Olsen, Asst. City planner and Vicki Churchill, Secretary. PUBLIC HEARING Zoning Ordinance Amendment Request to amend Section 17.02 of the zoning Ordinance (No. 47) to allow Conference Centers as a Permitted Use in the P-4, Planned Industrial Development District, Sunnybrook Development Corp., applicant. Public Present e Wanda & Barney Schlender Al Klingelhutz Sunnybrook Development 8500 Great Plains Blvd. Dacy stated that on January 13, 1986, the City Council considered the Sunnybrook Development request including the realignment of Lake Drive East, preliminary plat, rezoning, wetland alteration permit, and the site plan review. She stated that the City Council, after hearing comments from Lake Susan Homeowner's Association who stressed their objections to the rezoning request, discussed the option of a zoning ordinance amendment to the P-4 District to allow conference centers. She stated that the applicants then met with homeowners and discussed the ordi- nance amendment issue. She stated that homeowners still expressed dissatisfaction with the use at the proposed location. She stated that the applicant subsequently requested the zoning ordi- nance amendment be processed. - Dacy stated that conference centers/convention centers were terms that are new to the industry. She noted that staff contacted similar communities, researched other ordinances and publica- tions, and contacted a computer information system for planning and zoning matters for nationwide information. She stated that most communities do not define conference centers specifically, except for larger central cities where the use is a major anchor for downtown redevelopment. She noted that it was clear from the research that the size and nature of conference centers vary depending on their location in a community. She stated that the e Planning Commission Minutes February 12, 1986 Page 2 city does have the ability to define and specify standards for the use and its location. She explained that the intent of a conference center is to provide facilities for the conduct of seminars and conferences and to provide the necessary overnight accommodations, eating and recreational facilities. She stated that this use can play a supportive role in an industrial park such as the Chanhassen Lakes Business Park where major employers and corporate headquarters are located. e Dacy explained about the impacts of the use. She noted that the all industrial zoned lands are served by arterials or major collectors and capable of handling traffic from this type of development. She stated that the only odors that would be emitted would be from the restaurant facility, which is different from emissions from manufacturing or other processing facilities. She noted that because the proposed use is providing large areas of open space and recreational uses, adequate separation of structures is easily achieved. She noted that the P-4 District does not have a height requirement; however, a portion of the P-4 District and business park is located north of Lake Susan which is regulated by the Shoreland Management Ordinance. She noted that a maximum height of 35 feet for structures within 1000 feet of the ordinary high water mark is required. She stated that the Planning Commission should consider the following standards for the proposed use: 1. The development shall be located on a single zoning lot. 2. Sixty percent of the lot area shall be maintained for the provision of open space and accessory recreational facilities. 3. Conference facilities shall have a minimum assembly area of 400 persons. 4. Lodging and eating facilities shall be contained in one structure. 5. All structures shall be architecturally similar in design. 6. Lighting shall consist of shielded high pressure sodium fixtures and be so designed as to not glare on properties adjoining. She stated that these standards were designed to require an integrated development of uses in such a size and manner to pre- vent the development of individual uses adjacent to one another with no overall site design concept. e Chairman Ryan stated that he received a call from Kathy Holtmeier, representing the Lake Susan Homeowner's Association, who wanted it stated in the record that they are still against the proposed use. e Planning Commission Minutes February 12, 1986 Page 3 Al Klingelhutz felt that the conference center use should be a conditional use in the p-4 District just like the downtown area. If the conference center is allowed as a permitted use, he felt that the CBD, Central Business District should be looked at to change regulations so that a conditional use permit is not required for all construction. Noziska moved, seconded by Conrad, to close the public hearing. All voted in favor and the motion carried. M. Thompson asked staff what the concerns were of the Lake Susan Homeowner's Association? Dacy stated that they are concerned with the rezoning of the parcel, the traffic that will be generated by the use, that the type of use is not appropriate in that district or location, the activity on the lake and the noise factor. M. Thompson stated that the applicant certainly warrants con- sideration to expedite the matter. e Ryan asked staff if the property was properly defined on the map on the wall. He stated that the property Sunnybrook owns or is in the process of purchasing has two zoning classifications. Dacy stated that it was all zoned p-4. Ryan stated that the top part above the pond is zoned p-3. Dacy stated that it is zoned p-3 where Instant Web is located. Dacy stated that the entire business park area is zoned P-4, except where united Mailing and victory Envelope is located. Noziska recalled from looking at the plan and with the landscaping, the only concern would be the lights. He asked staff to explain the restriction on the lights. He asked by whose eyes would it be determined whether or not there would be glaring on other properties? He felt that it was a vague defini- tion for a requirement. Dacy stated that it was a valid point; however, she stated that the condition needed to be included so that during a site plan review process it would be used to base a requirement for appropriate lighting. - Wanda Schlender stated that they went to great lengths in pro- viding a lighting plan and shifted the parking lot so that the building would hide the parking lot lights from the lake. She stated that they put all of the lights on timers and the lights around the building are close to the ground and are turned down at night. She stated that the most light that the home owners e Planning Commission Minutes February 12, 1986 Page 4 across Lake Susan will see are the lights from the windows of the building. She stated that they are open to any suggestions. ? stated that the home owners are concerned about the commercial aspect of the use and having it open up the possi- bility of other commercial uses along the lake. Wanda Schlender stated that was why the City Council felt more comfortable with an amendment to the existing zoning and felt they control other commercial enterprises wanting to come into that area. Conrad asked what district hotels/motels were allowed? Dacy stated that in the C-3 District it is a permitted use and it is a conditional use in the C-2 District. e Conrad stated that the Commission should consider the Zoning Ordinance Amendment for conference centers as a permitted use in the P-4 District and not necessarily just because of Sunnybrook Development. He felt conference centers should be in that par- ticular zone based on what industry needs and support services. He stated that conference centers make a lot of sense in an office park or industrial area. He also stated that he did not see any area where the use would not be consistent with the intent of the P-4 zoning. He asked staff how they arrived at the capacity number of 400 persons? Dacy stated that it was based on the capacity of Sunnybrook's proposal. She stated that in the book, Illustrated Book of Development Definitions, 300 is a recommended minimum. She stated that it has to be of some size to function wi th the three uses. She stated that it encourages an overall preplaned develop- ment on a single lot not just an individual motel that has meeting room for 25 people. She stated that type of assembly area would have a minimum capacity of 400 persons. Conrad stated that he does not know if they are encouraging or discouraging with that number. Dacy stated that we are encouraging a larger facility and discouraging uses such as an individual motel. Conrad stated that he thinks the number 400 separates a con- ference center from a motel that has a meeting room because they could not accommodate that many. e Siegel stated that he feels the applicant has valid solutions to the conerns of the residents. He stated that their concern with more commercial uses in the area would be resolved with the Zoning Ordinance Amendment and he stated he was in favor of staff's recommendation. - Planning Commission Minutes February 12, 1986 Page 5 Siegel also stated that this was a desirable facility, in that there are many other types of facilities that could come under the p-4 District that may not be as attractive. Emmings asked if a conference center would be consistent with the intent of the proposed lOP District in the new zoning Ordinance? Dacy stated that the term conference centers is not listed. Emmings stated that some of the uses would in the proposed lOP District are restaurants, lodges and recreation type uses. Dacy stated that the Planning Commission will probably see the Lake Susan Homeowner's, during the public hearing on the new zoning Ordinance, asking that some of the uses in the lOP District be eliminated. Siegel moved, seconded by M. Thompson, to approve Zoning Ordinance Amendment #86-1 to allow Conference Centers as a permitted use in the P-4, Industrial Development District, as follows: 1. Section 4, Definitions: ~ Conference Centers: A pre-planned, centrally managed development containing facilities for business or pro- fessional conferences and seminars, and containing accom- modations for overnight lodging, eating, and recreation. The development is characteritzed by architecturally integrated buildings, common use of parking areas and in- corporation of passive recreational amenities into the overall site design. 2. Section 17.02: 6. Conference Centers subject to the following standards: a. The development shall be located on a single zoning lot. b. Sixty percent of the lot area shall be maintained for the provision of open space and accessory recreational faci- lities. c. Conference facilities shall have a minimum assembly area of 400 persons. d. Lodging and eating facilities shall be contained in one structure. e It e e Planning Commission Minutes February 12, 1986 Page 6 e. All structures shall be architecturally similar in design. f. Lighting shall consist of shielded high pressure sodium fixtures and be so designed as to not glare on properties adjoining. All voted in favor and the motion carried. PUBLIC HEARING Northern states Power Company: a. Zoning Ordinance Amendment Request to allow substations as a Conditional Use in the R-la, Agricultural Residence District. b. Conditional Use Permit Request to allow a substation to be located on 7 acres of property zoned R-la and located at the northwest corner of County Road 17 and County Road 18. c. Conditional Use Permit Request to allow transmission lines in southern Chanhassen. Public Present Don Chmiel George Warner Gayle Degler Larry Klein Jo Larson Terry & Betty Clark Mark & Peggy Tran Neil Klingelhutz Al & Mary Klingelhutz Jim Curry Kathy Holtmeier Terry Owens Northern states Power Northern states Power 1630 Lyman 9170 Great Plains Blvd. 8590 Tigua Circle 8522 Great Plains Blvd. 1330 Lyman Blvd. 1380 Oakside Circle 8600 Great Plains Blvd. 4817 Upper Terrace, Edina 8524 Great Plains Blvd. 8520 Great plains Blvd. Olsen stated that the applicant is requesting a zoning ordinance amendment to include electrical substations as a conditional use in the R-la District. She stated that substations provide electrical service from a central point to surrounding com- munities. She noted that a substation will receive a higher voltage of electricity and then send out a lower voltage which will again be transferred at an even lower voltage for the even- tual user. She noted that it consists of transmission towers, power lines and a control house and is unmanned. Olsen stated that the zoning Ordinance currently allows commer- cial radio and television transmission stations as conditional uses in the R-la District and do not have any standards. She stated that the proposed substation is a similar use in that it e e e Planning Commission Minutes February 12, 1986 Page 7 contains transmission towers and is best suited in the agri- cultural area and separated from residential neighborhoods. She stated that it would be best to locate substations on collector streets or major arterials where transmission lines will most likely be placed. She noted that substations are unattractive, but a necessary use and sites should be well landscaped and fenced for security. She stated that each substation proposal will be a unique situation as to its compatibility to surrounding property and therefore should receive receive review with a public hearing. She stated that by allowing substations only in the R-la District as a conditional use enables the City to review each proposal and limits the use to an area where they are best suited. Olsen also stated that the applicant is requesting a conditional use permit for an electrical substation and for power transmission lines. She stated that the substation is proposed to be located on top of a hill and will be serviced by a ten foot drive from County Road 18. She noted that the city and county prefer that all entrances on this road be public streets rather than private drives; however, since the substation will generate little traffic the county would consider approval of an access permit subject to city approval. She stated that the driveway crosses adjacent property for which the applicant has obtained a 40 foot easement. She stated that the driveway is proposed at that location because of the steep topography of the site and because of that staff is recommending the driveway be paved up to the fenced area. She stated that the control house will be 35' x 20' and will be surrounding by a six foot high chain link fence. She stated that the transmission towers will be approximately 36 feet in height and is proposed to connect Eden prairie's Westgate substation to the proposed Bluff Creek substation and then south to Chaska. Olsen noted that the history of the proposal is that Chaska has determined that an additional substation facility was necessary in order to serve its electrical customers. She explained that NSP has negotiated with both Chaska and Chanhassen as to proposed sites and the alignment of connecting transmission lines. She noted that last year NSP met with Chanhassen's Mayor and City Manager to discuss the T.H. 5 alingment for the transmission lines. She noted that it was suggested that because of the visual impact on the major entrance into Chanhassen, the align- ment should be shifted south to the T.H. 212 corridor. She stated that it was hoped that NSP's involvement would speed the T.H. 212 selection process. She stated that according to MnDOT's proposed schedule, the T.H. 212 corridor will not be designated until public hearings in the affected communities have been held. She stated that MnDOT has stated that the proposed alignment will be designated by January, 1987. She stated that the connection between Eden prairie and Chanhassen follows the Minneapolis and st. Louis railroad line, property lines and finally the T.H. 101 and County Road 17 right-of-way. She stated that the poles will Planning Commission Minutes February 12, 1986 Page 8 e be approximately 75 to 80 feet in height at a span of 250 to 300 feet and will carry 115 kv line. She noted that transmission line will require a 60 foot right-of-way. She stated that the lines from Chanhassen to Chaska will carry both 69 kv and 115 kv lines and they will require a 75 foot right-of-way. Olsen stated that the exact location of the alignment is necessary to determine the impact on existing residences, wetlands, and future development. She stated that NSP has sub- mitted a general location map of the transmission lines and all affected property owners along this route have been notified. She noted that NSP has stated that they need city approval for the placement of the proposed lines before they can start the process of determining the exact location of the lines. She noted that the following questions need to be addressed before approval can be recommended: e 1. Ideally, the transmission lines should follow the Hwy. 212 alignment. preliminary public hearings have been set by MnDOT this year in order to complete an "official map" pro- cess by January 1, 1987. NSP has stated that there is an immediate need for the service and cannot depend on MnDOT's process. The preliminary Hwy. 212 alignment will cross the proposed transmission line in the vicinity of T.H. 101. As proposed, this property would be split by both power lines and the T.H. 212 corridor. NSP should provide information as to whether or not the lines can be moved in the future along T.H. 212, and at whose expense. 2. The area of primary concern is north of County Road 18 and east of T.H. 101. (The remaining part of the alignment follows County Road 18 and County Road 17 where lines already exist.) Alternative alignments should be considered such as shifting the lines from T.H. 101 east to the eastern edge of the Curry property to match the new T.H. 101 alignment. 3. Any comments by the public need to be addressed prior to final action by the city. e Al Klinglehutz stated that he is opposed to where the line is located and he would take NSP to court in order for them to get any easements across his property. He stated that there would be a lot more people here tonight, but they are in church because it is Ash Wednesday, and he said they were going to pray that the line would not be going in. He stated that he does not understand why they do not follow the railroad from Eden Prairie, through Chanhassen and then into Chaska. He stated that there is a blight with the railroad track, and there will be a blight with Highway 212, and if the transmission line as proposed, which is approximately 300 to 400 feet north of T.H. 212 gets put in, who is going to want to live between that line and 212. He stated - e e Planning Commission Minutes February 12, 1986 P ag e 9 that they are taking valuable land, most of it is in the Urban Service line and really voiding it for residential land. He stated that the objection would be less if it was located along the 212 corridor which would be creating only one blight. Ryan stated to the applicant that in looking at the map, NSP has attempted to run the lines parallel to existing infrastructures and streets and roads to try and minimize impacts, rather than creating it. He asked the applicant how much flexibility they had with the line. Don Chmiel stated that it can be addressed with the property owner at the time they talk to them about easements. He stated that the basic reasoning for the need for putting the substation there is that, one, the City of Chaska needs additional capacity of power, and two, the City of Chanhassen needs the additional capacity as well. He stated the City of Chanhassen is presently served out of Excelsior and Glen Lake. He stated that they are at the point where Chanhassen is growing and does need the addi- tional capacity. He stated that the Excelsior substation will reach maximum capacity which dictates putting in another substa- tion. He stated that the City of Chaska is also making a contri- bution of approximately $1,300,000 in getting the substation in. He stated that the proposed location is the best to serve within the specific area of Chanhassen. He stated that there is a normal radius of 3~ to 5 miles to feed electricity. He stated that because of the needs of the substation, the timing of 212 and the need for capacity, the times are not consistent. He stated that ,they tried to stay on property lines. He stated that from the Bluff Creek substation extending south, there is an existing 69 kv line and will need additional right-of-way of 75, not 100 feet what the staff report stated. He stated that it is one'of the most necessary things that is needed to provide electricity. He stated that the Bluff Creek substation will tie into the Scott County substation located in Shakopee. He stated that in the event there is an outage coming from Westgate to Bluff Creek substation, it will be able to back feed from Scott County substa- tion and back into Westgate. He stated that he was concerned about the condition which required paving the drive from County Road 18 to the substation. He stated that he would be more than happy to install a 20' x 20' foot apron. He stated that because the substation generates a small amount of traffic they would like to gravel the drive. Jim Curry stated that he owns about 247 acres in that area. stated that he has no problem with a substation. He stated 212 is going to take about 900,000 feet of his land when it through. He stated that he has a residential proposal that He that goes will e Planning Commission Minutes February 12, 1986 Page 10 submitted to the city. He stated that these lines are going to be going past approximately 2000 people that will be living there and NSP stated these lines were best located away from residential areas. He stated that another thing that is slowing his develop- ment down is how the new 101 is going to deal with access onto 212. He stated that because the line is along the edge of the MUSA, they should look further to find land not in the MUSA area. Gayle Degler stated that these lines are dangerous and is totally against them. He stated that he and his brother were trimming trees no where near the lines and the line jumped and his brother was electrocuted and died. He stated that he has worked with NSP in the last year and a half and they moved the line right to the edge of the easement that went past his house where trees were growing through. He stated that they worked with NSP to move the lines away from the buildings. He stated that he was against the substation because it does not fit in. He stated that he sees a radio station and television antennas a lot different from power lines. He stated that he would be in favor of having the lines follow Highway 5. e Joanne Larson stated that she was against the route. She stated that it would really be stupid to approve because they don't even know where 212 is going through. Peggy Tran stated that they just built a home on Lyman Boulevard down the street from the proposed substation and stated that she does not want a power line underneath their driveway. She stated that she has children and is planning to start daycare and would not want that near her residence. Al Klingelhutz stated that it was a bad thing that happened to the Degler family. He stated that he does not know if that should be used against bringing power into the city, but that alone can show what a power line can do to a resident in Chanhassen. He stated that it was a little over 60 kilowatt where that happened and what is being proposed is 115 kv. He stated that the City stated that it would be unsitely for this to be located along Highway 5 and he wondered how unsitely it would be for the residences where it is proposed. He stated that it would be easier to put it on a right-of-way that exists then to try and acquire a right-of-way. He stated that the people located south of Highway 5 are getting dumped on. He stated that first it was the dump, next comes the 212 corridor and now the substation and transmission lines. He stated that he thinks its time for the City of Chanhassen to start putting some of these things somewhere else. e Conrad moved, seconded by Noziska, to close the public hearing. All voted in favor and the motion carried. -- Planning Commission Minutes February 12, 1986 Page 11 Conrad asked about the owner of the home located near the substation? Olsen stated that it was rental property. She stated that it is owned by Chaska Investment. She stated that the renters know what is happening. Conrad felt that there were better places to put the line in. He stated that it would be appropriate to follow Highway 5, 212 or the railroad track. He would like to see those alternatives explored and reviewed by the Commission or City Council before approval is given for this application. He sympathizes with the residences who have the power line going through their yard right-of-way or along the street. Emmings referred to a letter from Dorsey, who suggested the power lines run along the railroad that is just north of the substation and then run up to Highway 5. He stated that it seems like a better alternative than the one being proposed. e M. Thompson stated that he knows substations do effect the value of the land and they are a blight from a residential standpoint. He stated that we need to take into consideration the residences points; however, he feels it is needed. He asked what right the property owners have, once NSP has placed the location, to speak against it at that location? Warner stated that it would have to go to district court and they decide. Chmiel stated that they do not like to go that way. He stated that they try to work it out with property owners. He stated that they tried to stay on the property lines and parallel the corridor because of the timeframe for corridor which is 1989 or 1990 and the timeframe for the station, they need the 115 kv line in by 1988. He stated that they also need to relieve a portion of that system, this fall or early spring. He stated that there is a real need for this now. M. Thompson asked if there were any other more desirable designs of poles that could be placed? Chmiel stated that with the lower voltages the wood poles can be used and with the higher capacities of 230 kv the poles are metal and approximately 3 to 5 foot diameters. Siegel asked what was the reasoning of the timeframe of giving the city one month before you wanted to start construction? -- Sam Higuchi stated that it was delayed because Chaska had to make a decision of purchasing property and that delayed NSP's filing of the application. It Planning Commission Minutes February 12, 1986 Page 12 Siegel stated that he does not understand why there is only one alternative for the proposed line. He asked if there was a reason for not following the railroad from the Westgate substa- tion to County Road or all the way down into Chaska? Chmiel stated that if they did that, it would only accommodate Chaska. He stated that they need the additional capacity for Chanhassen and that is why the site was chosen. Siegel asked if this would accommodate all of Chanhassen? Chmiel stated that the radius would 3~ to 5 miles surrounding the site. Al Klingelhutz stated that Chanhassen south of Highway 5 is served by Minnesota Valley Electric, will NSP be serving that portion? Chmiel stated that by converging the additional capacities they will work it towards the areas that need it. e Al Klingelhutz stated that NSP is putting the cart before the horse. He stated that the line should be approved before the substation is approved. He stated that they have the site for the substation and now they want to put the line where they please to fit the substation. Noziska stated that he is not certain why it has to come across the area where it is proposed. He stated that the railroad right-of-way or one of the highway right-of-ways would make more sense. He was wondering how NSP arrived at the need for the substation right now or even in 1990 when a lot the southern part of Chanhassen is served by Minnesota Valley. He felt that this was forcing an issue before it needed to be enforced, especially when they are chopping up the land that is going to get chopped up with the corridor. Ryan asked where Chaska was currently being fed from? Chmiel stated that it is fed from Excelsior. Ryan stated that they already have a right-of-way all of the way from Excelsior past this one to Chaska and on to the Scott County substation. He asked if that does not provide them with a double fed loop grid that feeds two substations? He asked why they could not rebuild the line from here to Chaska, just like they are rebuilding the line from here to Scott County. e Chmiel stated that they do not have a 115 kv line that is close enough to that proximity. Planning Commission Minutes February 12, 1986 Page 13 e Ryan stated that recognizing that Chaska needs the power and you may need the substation in the future to build your proper spacing, he wondered how long they could satisfy the expected demand if they feed it only from the Scott County substation with 115 kv? Chmiel stated that he did not really think he could answer that question. He stated that the 115 line that would feed into the Bluff Creek from Westgate and extend into Scott County, your question is how long this particular substatio~ would feed the area? Ryan stated no, he was asking if they do not have the feed from Westgate and could they backfeed from Scott County to Bluff Creek? Chmiel stated that they can not do that. He stated that what they want is reliability to service Bluff Creek. Ryan stated that he knows what they want, he stated that the line from Scott County to Bluff Creek substation is a rebuild on an existing easement and can it service for a sufficient time to allow the city to settle the 212 corridor? e Warner stated there is concerned that Chaska might get blacked out. Warner stated they are concerned that while the 69 kv line is out for rebuild from Bluff Creek to Scott County and if there is a fault without a two way source, it will dump. He stated that there will be a four to six month period where the 69 kv will be on radio and there would not be a back-up source. Conrad asked what the options were as far recommendations to the City Council? Dacy stated that staff work with NSP to look alternative loca- tions and evaluate each of those alternatives and others that may be devised and come back with pros and cons on each alternative. She stated that it seems to be the major issue as far as public comments are concerned. She stated that there would be another public hearing date set. She also stated that the Planning Commission could also send the items to the City Council and not have it come back to the Commission. Conrad asked Don Chmiel if they would like the Planning Commission to table action or if they would rather the Commission deny the request and send it on to the Council for their opinion? e Chmiel stated that they would like to start construction for the temporary 69 kv by March, 1986. He stated that they need to order the equipment for the substation which takes about six months to one year for it to arrive. He noted that they would Planning Commission Minutes February 12, 1986 Page 14 e like to begin construction in March, 1987. He stated that the transmission on the 115 kv would not begin until August, 1986 and would be in service by May, 1988. Conrad moved, seconded by Emmings to 1) table the Zoning Ordinance Amendment and the conditional use permit for the substation until the City Council reviews the transmission line location and pro- vides staff with direction and 2) recommends denial of the con- ditional use permit for the location of the transmission lines. All voted in favor and the motion carried. PUBLIC HEARING Frank Jedlicki and Michael Sorenson: a. Subdivision Request to replat Happs First Addition and adjacent metes and bounds property into one 6 acre parcel on property zoned C-3, Commercial Services and located on the north side of Highway 212, V4 mile east of Highway 169 inter- section. e b. Conditional Use Permit Request to allow cold storage units on property zoned C-3, Commercial Services and located on the north side of Highway 212, V4 mile east of Highway 169 inter- section. - Olsen stated that the applicants are requesting a replat and a conditional use permit for cold storage units and outdoor storage. She stated that the applicants are proposing a cold storage building on the site and must first clear up the existing streets and lot lines. She stated that it is in the best interest for the applicants and the city to remove the existing paper streets, lot lines, and the metes and bounds description. She stated that the applicants are proposing to construct a 240' x 40' cold storage building on six acres of property zoned C-3. She stated that the building is proposed to be located towards the center of the site. She stated that the building will be 30 feet high with 8 bays and is a steel pole commercial building. She stated that there will be no sanitary facilities but each bay will have electricity. She noted that the storage will be used primarily by small contractors storing truck/trailer com- binations. She noted that the applicant has stated there may be some outside storage by the people renting the storage bays; however, there will not be rentals of just outside storage. She stated the site will be serviced by one 24 foot driveway onto Highway 212. She stated that this access had been reviewed by MnDOT and received a permit; however, the permit expired in September, 1985, and the applicant will need to reapply. She stated that the driveway leads to a gravel parking lot which will contain ten parking spaces and staff is recommending that the parking area and driveway have a bituminous surface and lined Planning Commission Minutes February 12, 1986 Page 15 e with concrete block. She stated that the site is heavily vege- tated and the applicants are proposing to maintain the existing tree cover for screening. She also noted that in addition to that a 6' x 100' fence will be placed adjacent to the neighbor to the east to further screen the building. Ryan asked staff if it is not a requirement that all storage is within the building? He stated that he can not believe we would allow it by anybody? Olsen stated that outside storage is allowed in the C-3 District as a conditional use, as stated in Ordinance No. 47-AW. Mike Sorenson stated that originally they were going to have three buildings but because of poor soil conditions at the front property line they are going with just one building. M. Thompson moved, seconded by Noziska, to close the public hearing. All voted in favor and the motion carried. M. Thompson asked the applicant if he agreed with all of staff's recommendations. e Sorenson stated he has a problem #7 with paving the parking lot. He stated that drainage works better if it can soak into the ground. He stated that they found 6 to 7 feet of peat. He stated that they have spoken with many engineers on how to solve this and they feel that a marified mat and two feet of gravel over it will work. He stated that according to the engineers it will work good. He stated that in two years they should know what is going to happen and then would not mind paving it. Dacy stated that the City Engineer was concerned about the amount of sheet drainage because of the size of the parking area and it would promote washing gravel into the ditches. She stated that she would recommend that the applicant work with the City Engineer in resolving this. Noziska stated that he is more concerned with the run-off from the bituminous than the gravel area. Conrad asked staff about the lighting on the building. Sorenson stated that there was just security lighting on four corners of the building which are on photo cells or automatic lighting. Conrad was concerned about the neighbor and asked if the appli- cant could install lights whenever he deemed necessary? 4It Dacy stated that she would recommend that a condition of approval be that the lights be shielded so that it is directed only toward -- Planning Commission Minutes February 12, 1986 P ag e 16 the parking area. Emmings moved, seconded by M. Thompson to recommend approval of Subdivision #85-5 based on the preliminary plat stamped "Received February 3, 1986" with the following cond i tions : 1. That the vacation of the streets and alley will not be certified prior to the recording of the final plat and completion of the Torrens procedure. 2. That the final plat will not be recorded prior to the completion of the Torrens proceedings. Emmings moved, seconded by M. Thompson, to recommends approval of Conditional Use Permit #84-16 for eight cold storage bays based on the si te plan stamped "Received February 3, 1986" wi th the following conditions: 1. The conditional use permit will not be recorded and a building permit not issued until the Torrens proceeding is completed. e 2. Approval by MnDOT and compliance with their condition regarding access and drainage within state right-of-way, including regrading and landscaping existing driveway entrances. 3. The fence on the eastern boundary be made of natural material and be 100% opaque. 4. Any expansion of the site will require another conditional use permit. 5. The site will not contain any sanitary facilities and will not be used for habitation. 6. The existing debris on the site will be removed before occupancy of the building. 7. That the City Engineer monitor the driveway and parking area and should any problem arise, a bituminous surface shall be installed and be edged with concrete bumper blocks. 8. Existing vegetation from the front lot line to the 750 con- tour shall not be disturbed other than the driveway. 9. All lighting shall be shielded from adjacent neighbors. e 10. Should the site with existing trees and vegetation no longer screen the use, the city can require the applicant to place additional landscaping on the site. All voted in favor of both the replat and conditional use permit motions. Motions carried. e e e Planning Commission Minutes February 12, 1986 Page 17 PUBLIC HEARING Subdivision Request to subdivide 1.4 acres from 8.5 acres of the Chanhassen Meadows Apartment complex on property zoned R-4, Multiple Residence District and located south on Highway 101, just east of the Highway 5 intersection Public Present Kevin Marinan Marathon Management, Inc. Olsen stated that the applicant is requesting preliminary plat approval of an 8.2 acre parcel into 4 lots. She stated that the parcel is under one metes and bounds description. She stated that the applicant will be final platting the 1.4 acre parcel this winter and the remaining three parcels by January 1, 1987. She stated that the 1.4 acre parcel contains an 18 unit apartment building and garages, which is near completion. She explained that the proposed lot split is to allow the 1.4 acre parcel to go under separate ownership from the remaining 6.8 acres. She noted that the driveway to the 18 unit apartment building crosses the adjacent property and the applicants will have to provide an access easement description allowing the driveway to be located on separate property. She noted that when the site plan was approved for Phase IV, a condition was that the building maintain a 50 foot separation from the building to the east. She stated that the building has maintained that separation. She stated that the lot line follows the metes and bounds description used for the mortgage, which is only 10 feet from the 18 unit apartment building. She stated that even though the R-4 District requires a 25 foot setback from the side lot line, staff is recommending approval of the location of the lot line because the building is in place and is maintaining the 50 foot separation. She stated that approval of the preliminary plat should be conditioned on the preparation of a development contract requiring final plat approval of the remaining parcel by January 8, 1987 and that the contract should be signed before filing of the final plat of Lot 4. Kevin Marinan stated that the priority of the owners would be to not having to go back and replat the first three phases. He stated that the benefit to the city is to take away the metes and bounds description and make them short descriptions or numbers. He stated that it is bascially because of the cost of economics that the owners will have to go back and pay someone to replat it. He stated that their option would be not to replati however, if we do we would like to have enough time to schedule it after they have made their second half tax payment for the year and not pay the taxes up front. e Planning Commission Minutes February 12, 1986 Page 18 Ryan asked staff if he was correct in that the policy in the past has been to require that a metes and bounds description be elimi- nated? Dacy stated that was correct. She stated that the option achieves the city's objective of eliminating a metes and bounds description and also allows the applicant to have extra time to resolve other issues. Ryan asked why it was recommended to go 10 feet from the new building instead of calling it two buildings on the same lot and creating a property line between the two buildings? Dacy stated during the original site plan approval, it was conditioned that the building maintain 50 feet from the adjacent building. She stated that because of the old metes and bounds description, that line has been set because the mortgage is based on that description. She stated that in essence there is a 50 foot separation, it is just the lot line is closer. Ryan asked if the two buildings in the middle have enough parking space if they are individually sold? e Dacy stated that staff would verify that each lot has enough parking; however, the applicant could also create easements for cross parking rights. Noziska moved, seconded by M. Thompson, to close the public hearing. All voted in favor and the motion carried. Noziska moved, seconded by M. Thompson, to recommend approval of the preliminary plat request #86-2 as shown on the plat dated January 21, 1986 subject to the execution of a development contract requiring platting of the remaining three parcels by January 1, 1987. The development contract shall be signed before filing of the final plat of Lot 4 and the applicant should file cross easements for parking. PUBLIC HEARING Comprehensive Land Use Map and Plan Amendment to Redesignate the 1990 MUSA boundary to the Year 2000 boundary, and to Amend the Comprehensive plan to provide for rural development densities of one unit per ten acres, City of Chanhassen, applicant. e Dacy stated that the Metropolitan Systems Committee conducted a public hearing on the Lake Ann Gravity Interceptor vs. the Lake Virginia Forcemain. She stated that a primary concern of the Metropolitan Council was to prevent premature urbanization of land area outside the MUSA line, north of T.H. 5 where the Lake Ann Gravity Interceptor is proposed. She stated that the e planning Commission Minutes February 12, 1986 Page 19 resolution by the Met Council authorizing the Lake Ann Interceptor required the City of Chanhassen and Eden prairie to redesignate the 1990 MUSA boundary to the Year 2000 and to amend the comprehensive plan to provide for a one unit per ten acre density requirement for general rural use areas, and a one unit per forty acre density requirement for commercial agricultural areas, both with sizes greater than 2~ acres. She stated that several drafts were prepared to conform to the resolution and were presented to the City Council. She stated that the Council moved to set the date for the public improvement hearing and also directed Dick Nowlin, Chanhassen's attorney on the Lake Ann issue, and staff to renegotiate the rural density section to allow for flexibility on the minimum lot size issue. She stated that after meeting with Met Council Staff and the Systems Committee, it was made clear that the Met Council would not waiver on its rural density requirements; however, the agreement draft was amended to provide for variances as permitted by law. She stated that on January 27, 1986, the City Council agreed in concept to the proposed draft of the agreement. e Dacy also explained that the proposed agreement requires that the comprehensive Plan be amended to include, "a provision designating a Year 2000 Urban Service Area containing no more than 2,440 acres of vacant developable land. "She noted that the intent of the requirement is to allow development only within the areas that can be served by water and sewer. She noted that the specific designation of a specific amount of acreage is to the City's benefit because it give the city the flexibility to process a land swap if one area of the city can be serviced by water and sewer in exchange for a reduction of the same amount of land in another part of the city. Dacy stated that the Met Council saw the staff report and their only comment was the sentence, "the City should pursue adopting zoning regulations. . .", they noted that it should say, "the City will adopt zoning regulations. . ." She stated to the Met Council that the city is in the process of adopting some type of controls as required by their timeframe. M. Thompson moved, seconded by Noziska, to close the public hearing. All voted in favor and the motion carried. Ryan asked staff if the City Council has given the Planning Commission the directive to change the Zoning Ordinance to correspond to the density. e Dacy stated yes as far as the density. She noted that the Council prefers a 2~ acre minimum lot size in certain areas. She stated the proposal is to amend the language of the Compo Plan for a density requirement of 1 in 10 but the minimum lot size issue is still to be addressed in the zoning ordinance process. e Planning Coimmission Minutes February 12, 1986 Page 20 Noziska moved, seconded by Conrad, to recommend the City Council approve Comprehensive Plan Amendment #86-1 as follows: 1. The 1990 Land Use Plan shall be amended to redesignate the 1990 Metropolitan Urban Service Area boundary as the Year 2000 Metropolitan Urban Service Area boundary. 2. Page LU-57 of the Comprehensive Plan text shall be amended by adding the following: The City of Chanhassen views its rural service area as having two primary functions: 1. The continuation of agricultural operations, and 2. As a holding zone for future development. The Metropolitan Council recommends that the city implement development density requirements in the rural area of one unit per ten acres in general rural use areas and one unit per forty acres in commercial agricultural areas. The Met Council also encourages that lot sizes be greater than 2.5 acres. e Because Chanhassen's rural service area has been designated as a general rural use region, the city will pursue adopting zoning regulations which would enforce a one unit per ten acre development density and establish a zoning district which would enforce a one unit per forty acre development density for those lands having or desiring agricultural pre- serve status. All voted in favor and the motion carried. APPROVAL OF MINUTES M. Thompson moved, seconded by Noziska, to approve the January 22, 1986 minutes as written. All voted in favor and the motion carried. ADJOURNMENT M. Thompson moved, seconed by Noziska, to adjourn the meeting at 11:25 p.m. All voted in favor and the motion carried. Barbara Dacy Ci ty Planner e Prepared by Vicki Churchil February 18, 1986