1987 11 04
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
NOVEMBER 4, 1987
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Chai,tlman Conrad called the meeting to order at 7:35 p.m..
MEMBERS PRESENT: Steven Emmings, Robert Siegel, Ladd Conrad, Howard
Noziska, James Wildermuth and David Headla
MEMBERS ABSENT: Tim Erhart
STAFF PRESENT: Barbara Dacy, City Planner and Jo Ann Olsen, Asst. City
Planner
PUBLIC HEARING:
COMPREHENSIVE PLAN TEXT AMENDMENT #87-4 AMENDING THE UTILITY CHAPTER OF
THE COMPREHENS~PLAN To-~nTIfA DESCRIPTION OF ON-SITE SEWAGE
TREATMENT SYSTEM POLICI~ AND INFILTRATION/INFLOWfPOLICIES, CITY OF
CHANHASSEN APPLICANT.
Barbara Dacy presented the staff report on the Comprehensive Plan Text
Amendment.
Chairman Conrad opened the meeting up for public comments.
Noziska moved, Siegel seconded to close public hearing. All voted in
favor and motion carried.
-
Headla: The only thing I found on the page at the end there where they
talk about project description and they say annually televised existing
sewer lines and other suspect areas. That sounds like we're pouring
money after money after money until we say yes it is. I guess we
aren't involved with finance but when we put annually televised
existing sewer lines and all other suspect areas, I think that's
extravegant. That's my only comment.
Conrad: In terms of the inflow part of that, and that's something that
I'm not familiar with at all, and a lot of this stuff I didn't
understand, are we meeting the letter of the law? Are we doing a good job
in this in terms of how we're accomodating Met Council's directive?
Dacy: I think we're beginning to. That study that was done in 1982
pinpointed the areas that we should begin televising and pinpointed the
areas that we should be starting some of these other projects. It's
not until now that we've had the financing available to do televising
issues because of regularly accepted municipal program as an on-going
maintenance program. So I think we're beginning to do a lot of the
things that Met Council and Metro Waste expects us to do and by doing
that the City is expecting the regional agencies like Metro Waste to do
the same th i ng with the i r lines such as the Lake Ann Interceptor and
other facilities that they have around the metropolitan area. As was
stated in there, it's no one communities fault for I and I, it's a much
bigger issue than that. It takes everybody's cooperation. Just what
_ we're doing in the downtown is going to make a tremendous impact in
. reducing excessive, so I think we're taking a positive step forward.
Planning Commission Meeting
November 4, 1987 - Page 2
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Conrad:
What else could we do?
Dacy: The real ambitious part of the project descriptions there is
indicating the project to identify the residential actions. People
that have sump pumps or have pump foundation drains that are directly
hooked into sewer systems, that's going to be a big step to take
because that means knowing where you are and interviewing folks and
explaining what the problem is and then trying to give them the
alternatives so that they can drain their water someplace else.
Disconnect that connection to the sewers. I think that's the biggest
challenge is trying to get it on an individual household basis because
as soon as you feel you disconnected one connection, somebody else in
some other part of the city has probably made another so it's a never
ending battle.
Noziska:
head.
It's like St. Paul. Bribe them with $410.1010 or $510.1010 per
Dacy: That could be a possibility.
Noziska: Say hey, come show us where you quit dumping into our sewer
and we'll pay you $410.1010 or $510.1010. $410.1010 or $510.1010 is probably
pretty slim compared to where all that water ends up on the end. It's
a tremendous amount of volume and a lot of expense to get rid of. So
~ much more volume to treat.
Conrad: I'm real comfortable with our on-site treatment systems
requirements just because I'm familiar with what we did and obviously
have to take staff's word and the consultant's word and recommendations
and pass those along. Is there a motion?
Siegel moved, Wildermuth seconded that the Planning Commission
recommend approval of the Comprehensive Plan Text Amendment #87-4 to
amend the utility Chapter of the Comprehensive Plan to include the
proposed sections entitled, Infiltration and Inflow and On-Site
Treatment Systems as reflected in Attachments #1 and #2 and subject to
review and approval by the Metropolitan Council. All voted in favor
and motion carried.
CONSIDER REQUEST TO AMEND THE ZONING ORDINANCE TO CREATE RURAL
INDUSTRIAL DISTRICT, MERLE VOLK AND LOTUS REALTY, APPLICANTS.
Barbara Dacy presented the staff report on this Zoning Ordinance
amendment request.
Conrad: Tom, why don't you tell us what your perspective is on this
issue and give us an opinion. I think we have to decide how it fits
into Chanhassen but I guess try to persuade us that we need an
aggressive district to do this. Why do we need a district to do that?
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November 4, 1987 - Page 3
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Tom Hamilton: Thanks Mr. Chairman and board members. I'm in an
interesting position working with both the City and now being out on
the street generally talking to business people and getting around the
community a lot and finding out what the problems and what the nature
of concerns are and one of the things that has corne up is with the
redevelopment of the downtown we are displacing a number of businesses
that have been good and viable businesses in the community for a number
of years. If you stop for a minute and think about that, if you think
about where are they go, they can't stay where they're at because we
going to tear the buildings down and the buildings they are currently
in they are paying maybe $4.00 to $5.00 a square foot tops. There is
no place else in this community for them to relocate. If they go to
the industrial park they're going to be paying $10.00 per foot which is
pretty much the going rate for the types of needs that they have. So I
began wondering about this and I hate to see a business in town leave
from a Mayor's perspective. I want to keep all the businesses here
tha t we poss i ble can and I ha ve been do i ng some other th i ng s with Mer Ie
Volk and we got to talking about this issue and I was the one that
raised it with him rather than he with me. I said what if Merle we
expanded your facilities out here and asked some of these people if
they wanted to corne out here and relocate on your property in your
contractor's yard and remain in business in the City of Chanhassen. He
felt that that would be a good use of the property. Consequently we
continued to follow through on this and find out what your feelings
~ would be and perhaps what the Council's would be. I guess I wasn't
~ really asking for a rural industrial district. What we have there
right now is a contractor's yard. We have approximately 2 or 3 uses
there, maybe there's 4 of them right now, using Merle's property. All
we're saying is, we'd like to expand the use of the contractor's yard,
take perhaps 30 acres and say this whole 30 acres can be a contractor's
yard under Merle's control and the uses that would go in there would be
typical contractor type uses. The list I gave you was just an attempt
to point out some other uses that could go in there. They all relate
to construction, either building or road or yard or that type of thing.
There are a couple that don't. For instance, the fiberglass repair,
that's a boat business that's here in town now repairing fiberglass.
He repairs boats that have been damaged with fiberglass. Merle does
not want to have anything in there that's going to create problems,
noise and dust, using chemicals, he just doesn't want that. It's a
headache for him and he doesn't want it on his property. The chrome
peopl e, as a ma t ter of fact when down and approached him to see if they
couldn't move onto his land to see if they could keep their operation
going and he said absolutely not. He didn't want to have anything to
do with it. Mostly because of the chemicals they use and how he
thought they were disposing of them up here which is primarily down the
sewer. So I guess it wasn't an attempt to say it's a rural industrial.
We asked Barb if she could corne up with some type of zoning and perhaps
that's the right verbage, I'm not sure. What I'm really saying is
we're looking at a contractor's yard and it will remain a contractor's
yard with just some increased useage. If you remember here a couple of
e weeks ago, Mark Koegler presented to yourselves and the council some
Planning Commission Meeting
November 4, 1987 - Page 4
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concept plans of how the highway corridors are going to develop in
Chanhassen in the future looking out to the year 2000-2010 and Merle's
property was projected to be zoned commercial or industrial. That
doesn't mean it will. It may change from that but right now we're
looking at that type of use. We have the Chaska Industrial Park that
abuts up right next to Merle's property. Chaska has been after the
City of Chanhassen to some degree and they've talked to Merle on more
than one occasion about purchasing or annexing some of his property so
they could expand their industrial park because their industrial park
is nearly full. They just continue to get people in theirs and they
are filling up rather quickly. I've talked with Merle about this and
said we'd much rather have your land stay in Chanhassen where it can be
taxed but if we could utilize it better to the better advantage of him,
naturally because it's his property and he'd like to make some income
off it, and to the advantage of the City so we can generate some
additional taxes off his property, I think it would help everybody.
This of course would be a 15 to 20 year use of the land and as it
continues to develop west and we get new property, he understands
clearly that that is not going to be the use, that this use that he has
there now is going to go away. It will be industrial or commercial or
residential or whatever it ends up being at that time. So that was the
reason for the request. I talked to Barb about this and we asked about
how should we approach it. We do have tenants that would like to move
out there. We would like to put up another building. We're just
a asking should we go have it rezoned or should we ask for a conditional
,., use? I did bring a map along. I kind of hesitate to show it to you
because we had it drawn up and then we just started drawing on there
ourselves as to what might happen to it eventually and really what
happens is you end up having kind of a circular road around the
internal part of his property where you could have these contractors
yards or contractors uses going on within his property all on the 30
acre parcel. To me, then looking at it from the city standpoint, I
thought what a good idea to perhaps put a lot of these uses in one spot
where you can control it more effectively. It would give us an
opportunity to take perhaps some of the lawn care people who are
scattered around the town and perhaps some of the plumbers who are
scattered around town and working out of their yards and we could
enforce our ordinances as they should be and say there is a place for
you to go. You can go out here at a reasonable rent rather than the
residential area. That was another thought that I had. I felt that it
would be certainly a good thing for the City so that's where we're
coming from.
Conrad: Who right now Tom wants to relocate from downtown? Who's
being displaced that is considering moving out there?
Tom Hamilton: Jim Derhaag who is the racing fellow. He races trans am
cars nationally and he has a garage and he has two cars. He repairs
and redoes his own cars and that's all he does. I think there are
three men that work in there including himself. He has an office.
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November 4, 1987 - Page 5
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Conrad: So he would need to put up a building?
Torn Hamilton: He would be in one of Merle's buildings. He doesn't
need that much space. He's got maybe 3,000 square feet. When he comes
back from a race they totally tear his car apart, clean every part,
replace anything that's broken and put the car back together for the
next race. He just needs to be someplace where there isn't a lot of
dirt and a lot of people. He does't want to be around people. He just
wants to be someplace where it's inexpensive for him to operate and he
just comes and goes. He doesn't grind on cars out there. He doesn't
create a mess. You ought to go into his garage over there. You
wouldn't believe it. You can eat off the floor. You wouldn't think
they are working on cars.
Wildermuth: That gal with the little body shop, is she looking for a
place too?
Torn Hamilton: She has moved and I'm not sure where she went to but
that's the kind of use that Merle didn't want because she does body
work. She's sanding and filling and painting and that gets to be not
only hazardous but you're polluting the air. If you don't filter
everything right, it can be. The boat fellow over here, Marine
Fiberglass, he's going to need to have a place to go. He likes
Chanhassen. I've talked to him and he would like to stay here in the
.. communi ty. He's close to the lakes. He feels that Chanhassen has been
.. good to him to this point and he would like to stick around in this
area. There's also a furniture repair, a wicker place that paints or
something I'm not sure, and they would need a place also. Those are
the ones right now and there are couple of them have already moved out
before we could find them a place to go.
Conrad: So these types of people need a building? So they would be
constructing other than the one that would rent from Volk, they would
need to build something?
Torn Hamilton: Well no. Our idea is to put up a building as soon as we
can, 60 by 150 foot building which is similar to the building that
Merle has on his property right now where these 3 or 4 uses that are
there work out of except for Gardeneer and they have their own
building. Basically they only need from 1,500 to 3,000 square feet
each so in a 60 by 150 building you could divide it into 1,500 square
feet sections, you could get 6 separate uses in there depending upon
how many square feet they would need. You may end up with only four.
I don't know of anybody that would take up a whole building like that.
We're not looking at someone that big right now. Some other people who
have expressed interest in going out to that property are a fellow who
does a soft water service and he needs a place merely to store his dry
salt and then you take it out to your home when he services your soft
water. He would store it there and then drive his tryck and deliver
the salt to the homes or businesses or whatever he serves. There's
e well drilling company, Stodola Well Drilling, they would like to be on
Planning Commission Meeting
November 4, 1987 - Page 6
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that property. Preferred Paving would like to be there. Of course in
the wintertime they just need a place to park their trucks because they
don't work. They just need a place to put them. Now they may need
another building similar to what Merle would put up because they would
have to do some repair to their equipment and a few other things they
would like to keep inside. As the whole thing developed, and as I told
Barb, if the whole area was a contractor's yard, it would still be
conducted that each time somebody came into the area, say the Redimix
Plant down here for instance wanted to relocate, in my opinion Merle's
property would be just perfect for that. You have two major roads
right there that they can use. You're in an industrial area. You get
them out of the downtown area for one thing and still keep them in the
community but that would still come back to the Planning Commission for
review and then go to the Council for reivew. It's not as if we're
just going to, any guy that comes along we're going to stick him in
there. That's not the object. I just want everybody aware of that.
Emmings: Why would it come to us?
Tom Hamilton: For review. Just to make sure that everybody's aware of it.
Emmings: But what would bring it in?
Dacy: The site plan review.
-Tom Hamilton: Right because we would design the site. We want it to
look nice. He wants the place to look nice. Berm everything and make
sure things are screened so you can see the layout of the land and you
would know who's going to be out there.
Emmings: So he couldn't rent the space to anyone out there without it
coming back here?
Tom Hamilton: I think that's an option. That's something that's fine
with us. You never know, he may come back and somebody will convince
him that they should have something that creates noxious fumes but I
think the city ought to review that prior to him saying, sure I'm going
to rent you the space. This gives the City some control over it. I
don't think we want to lose that. Looking at the other side, I don't
think we want to lose control of that.
Emmings: Wouldn't we have more control is we leave it as a conditional
use than if we make it a permitted use?
Tom Hamilton: Fine, you can do whatever you want. You can have
conditions on a permitted use too I suspose. There's more than one way
to do it I guess is all I'm saying. There are alternatives.
Dacy: The BF district for example specifies that all uses in that
district have to come in as a conditional use so you could use that
_verbage.
Planning Commission Meeting
November 4, 1987 - Page 7
e Tom Hamilton: I think Barb and I have been talking about trying to
accomplish the same thing only doing it different ways. I'm kind of
saying if you made 313 acres a contractor's yard with multiple uses in
there, it's really one contractor's yard and what you're trying to do
is consolidate some of the small contractors that are around and put
them in one spot.
Conrad: Would you want to get rid of all the other contractor yards in
town? Would you want to close down all the other contractor yards in
town then?
Tom Hamilton: I think it should certainly be an attempt. Certainly
those that are in residential areas. I don't think it's a bad idea.
The alternative is that Merle has the right to sell off some of his
land. If somebody comes in and says they'd like to buy 113 acres, I
don't see any reason why you couldn't sell it and then you're going to
have to be faced with another guy coming and I want a contractor's yard
right here and I've got 113 and this is what I'm going to put in there.
You can divide the land up too. Controlling it under one person, I
think is to Merle's benefit to do it this way.
Conrad: If the City wants to do that, then that's the way to do it.
If you want to advertise for these types of uses. I'm kind of
questioning, they can't afford a lot of other stuff and when you talk
_ about $5.1313 per foot, that's not expensive stuff. I don't know what
"'kind of tax revenue, I'm not sure what the benefit is.
Tom Hamilton: There's no question that these people are living in the
real world. I know what the rents are out there and I'm sure all of
you do also. They're not cheap. Jim Derhaag for instance pays $2.513
per foot. He could probably go to Victoria or Norwood or someplace and
find another rundown building that he could put a little bit of money
into and pay $2.513 per foot. I guess I'm saying, why should we tell
them to do that. If we can keep them in town and keep the tax revenue
here out at Merle's property, even at the $5.1313 rate I'm sure you'd get
people to pay that. There are always going to be those types of people
and those kinds of businesses that want to run a business. Look at a
lawncare person. How much rent can they afford to pay? Not very darn
much. They're mowing lawns and plowing streets in the winter. They're
running pretty much on a shoestring.
Emmings: What would it cost them to use the mini-storage for example
that's been built on TH 2l2? Would that be valid for some of them like
that in the case you just mentioned? The lawn service type of thing?
Tom Hamilton: I suspose they could store their lawnmowers in there for
the winter but if they are there in the summer, they're running all the
time. It's a daily business. I don't think that's what those are
intended for.
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Planning Commission Meeting
November 4, 1987 - Page 8
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Emmlngs: That's what this sounds like to me.
mini-storage.
It's kind of a bigger
Tom Hamilton: But mini-storage is a cold storage and that's what it's
intended to be. It's not to be running a business out of. I think if
we found somebody doing that, it would be in violation of the city
ordinance.
Dacy: Some uses on this list that's been submitted could be defined as
the definition of a contractor's yard but part of the reason for the
proposal for the industrial district is to allow the auto racing repair
and cabinet making and fiberglass repair and so on that is not
permitted at this time in the A-2 district. So the Commission has to
pick a side. You can continue granting conditional use permits for
contractor yards on Mr. Volk's property but the request is to create a
special little zone to allow these other uses to occur right along with
the contractor's yard and set it apart separate from the A-2 district.
You don't want to amend the A-2 district to allow these various types
of uses allover the rural area.
Tom Hamilton: This list was just intending to give you some ideas. I
imagine you could probably come up with five pages of kinds of small
businesses that could go into an area like that. That's not our
intent. These are people who have asked and need space and these are
~some of the proposed uses. We're not out recruiting people believe me.
~We're not out calling people asking them to come here. This is
strictly in response to people calling us and calling Merele and asking
for space.
Wildermuth: I think in view of the fact that it's adjacent to the
Jonathan Industrial Park, it looks like an appropriate land use. What
kind of problems are we going to run into with the subdivision adjacent
to it? On the other side of Galpin.
Siegel: The Wally Otto subdivision?
Tom Hamilton: That's about half a mile down north on Galpin on the
other side.
Emmings: It looks like we've got a large lot residential both to the
north and to the east of this property.
Tom Hamilton: There about 4 or 5 homes between Merle's place and TH 5.
Jerome Carlson has a home in there and I think there are about 3 or 4
other homes that are kind of right on Galpin as you go towards TH 5 to
the north.
Dacy: On the east side of Galpin there is Mr. Schmi tt's in there,
Gustafson, there's another one and then...
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Planning Commission Meeting
November 4, 1987 - Page 9
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Emmlngs: At what pOlnt would those people be allowed to comment on
this process that we're going through here?
Dacy: Because the conditional use permit application was filed, the
500 feet requirement does incorporate the 4 or 5 homeowners on the east
side and the Carlson's so they would be notified as part of the
conditional use permit process and with some direction we could easily
noti.fy...
Headla: The term contractor yard is extremely nebulous and I didn't
realize what was bothering me until you started talking contractor yard
and different uses. Contractor's yard to me has the connotation of
that's just what it means. That's not necessarily the case. That
bothers me. I can see some uses could be very acceptable but...
Tom Hamilton: I think our ordinance, I was just reading the definition
of contractor yards as we put in our ordinance whi.ch I tried to follow.
It's any area use of land where vehicles, equipment and/or construction
materials and supplies commonly used by building, excavating, road
construction, landscaping and similar contractors are stored or
serviced. It includes both indoor and outdoor storage. That's by
definition of what our ordinance says a contractor's yard is.
Headla: When we bring in heavy equipment, to me that's more than just
Aa fringe area. Remember about 5 months ago was it we talked about the
~contractor's yard there, the people on Galpin Lake Road on the north
and south of TH 5. They were concerned about all the traffic. We
guaranteed them. It just isn't logical to follow that road. It's
amazing the people making a left hand turn and heading west to go down
Galpin Lake Road in the morning. Now on TH 5 they put a turn off so
you can go around. I think there's going to be an awful lot of traffic
on Galpin Lake Road going down to CR 18 and I don't know that road can
handle it or the people can handle it.
Tom Hamilton:
I believe it's a 9 ton road isn't it?
Dacy: Right.
Tom Hamilton: It's a 9 ton road. When you build a 9 ton road you
expect it to get used and there's very little traffic on that road now.
There might be some in the mornings.
Headla: We guaranteed people heavy equipment wouldn't be going down
there. Right here, that's what we said and now I see it happening. I
think we've lost some credibility there.
Tom Hamilton: I guess I don't see that. I travel that road a lot
during the day and once in a while I see a semi perhaps going down
there. Generally that's going over to the Chaska Industrial Park.
If what you're saying is that nobody should use that road, shouldn't
tltdrive heavy equipment on there, then you're going to have to go to
Planning Commission Meeting
November 4, 1987 - Page 10
tltevery business in Chaska Industrial Park and tell them not to use it.
I don't think that's what our roads are for. Our roads are there to be
used and our city is growing west and we're going to find more and more
use on all our streets and highways.
Headla: I wish we would have explained that to the people when they
were here.
Tom Hamilton: Yes, I think they need to realize that. If they don't,
they've got their head in the sand. It's growing that way and there's
going to be more traffic generated. That's why those roads are built
the way they area so they can withstand that volume and heavy equipment
but I don't see much on there right now. I really don't. Merle is an
excavator, he's got all kinds of heavy equipment. He exits everything
out to the south and he goes out Lyman Blvd. and that's the road he
uses. None of his equipment, supposedly no one that works for him, I
know that he watches that pretty carefully because he knows that part
of his conditional use permit, all his traffic exits south and enters
from the south on his road onto his property out to Lyman Blvd..
Headla: I agree with you during the day I don't see much traffic
there but it is noticeable in the morning. What area are we really
talking about? Are we talking about both east and west of Galpin Blvd.
there by CR l8?
4ItTom Hamilton: Just on the west side.
Headla: And we're also talking any of this would not have use of water
and sewer facilities?
Tom Hamilton: Not city facilities. He would put, naturally if you're
going to have people working there, you would have to have lavatories
so he would have septic systems installed.
Headla: How do we equate that where we wouldn't let anybody do that up
along TH 5? Are we inconsistent if we would say yes on one and no on
the other?
Dacy: That's one of the issues that the Commission has to discuss. In
the garden center proposal, that was a retail/commercial use that was
being proposed. In this situation, a contractor's yard is allowed as a
conditional use in the A-2 district at this time. The proposal is to
create a district to not'only continue that use but to include other
uses that wouldn't necessarily be a retail use but would be uses such
as what was listed here. Repair, storage areas, lawncare, snowplowing.
I guess what the Commission needs to determine is to be able to
identify non-retail uses to try and generalize the specific type of
uses that have been suggested as examples. In the past the uses in the
A-2 district were quasi-agricultural. You could make an argument that
a contractor's yard was quasi-industrial but yet wholesale nurseries
tltand mineral extraction and contractor's yard as conditional uses in the
Planning Commission Meeting
November 4, 1987 - Page 11
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A-2 area. We need to define that line between "urban industrial" and
"rural industrial". Those that require sewer and water to those that
do not. The Commission should decide how far you want to go with this
district.
Headla: On the volk property, the contractor yard, we didn't let him
put in the sewer and water did we?
Dacy: He has a septic system out there but there was no new system
moved with Gardeneer.
Headla: No, but didn't we grant him a permit to put in an on-site
septic system?
Dacy: No, because it was just uses of the existing buildings.
Torn Hamilton: Gardeneer, his building that's there now has been there
for quite a while. He has some septic and he has water.
Noziska: But it's a small system?
Tom Hamilton: Right, but there are very few
You've got one mechanic working there during
there's one guy who does some cabinet work.
_repair of their trucks and headed out.
Headla: It had been there for quite some time?
people who work there.
the day and I think
The rest of it is used for
Noziska: What we're talking about is intensifying that use and
gathering people for commercial endeavors in an unsewered area. Tom,
most of these things that I see here, I know people don't like to pay
rent but is the rent in our industrial park with city sewer and water
beyond their means to pay really?
Tom Hamilton:
I think so.
Noziska: I look at it in an industrial park as a place for these
people to go because you can put up a relatively inexpensive building
and section it off into pieces yet you've got the city sewer and water.
I question the advisability of beginning to encourage this sort of
thing and if we encourage it one place, do we have to discourage it
somewhere else or can we discourage it somewhere else. I know those
are the things, the thoughts that are going through my mind is do we
set a precedent then that leads us into someone else wanting to do
this. Then do we have to be totally arbitrary and capricious, totally
fair with the next applicant that walks in? Those are the things that
are bouncing around in my mind. To start creating an intensive
commercial use, whether it is or it isn't real intensive, it's
obviously getting more and more intensive. To the fiberglass repair
outfit, they have to have employees. The cabinet shop, they've got
_emPloyees.
Planning Commission Meeting
November 4, 1987 - Page 12
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Tom Haml ton:
of them.
The cabinet shop has one and the fiberglass guy has two
Conrad: That's what you know but if you're running good operations in
any of these categories, whether it be plastering, stuccoing, roofing,
plumbing, you know on down, if you're running a decent operation, it
could be a big shop.
Tom Hamilton: Perhaps I shouldn't have given you the list. If you want
to look up the definition of a contractor and a contractor's yard you
will find that those are contractors that could be in contractor yards.
Anyone of those uses could come in here, whether they have 2 employees
or 50 and request a conditional use permit for a contractor's yard if
they have the property in Chanhassen. It's as simple as that. I
couldn't even point to one on here that we even have any interest in.
I'm just saying these are contractors. They are.
Noziska: But by creating a district, are we encouraging them and then
are we encouraging a gathering of these folks whether they are a few
bigger folks or a whole bunch more littler folks? And if we're looking
at somebody who wants to pay $3.00 to $5.00 per square feet for rent,
we sure can't provide much of a building for that. That's for sure so
are we really improving the city of Chanhassen that much or are we
going the other way? That's the question.
4ItTom Hamilton: One building would probably generate about $6,000.00 in
taxes so if that's worth something, then that's something to consider.
To me it's worth considering.
Siegel: Is that industrial park in Chaska got city sewer?
Dacy: Yes.
Siegel: I had this question some time ago when a similar situation
came up. Do all cities hold onto themselves their own sewer systems
and water systems? Don't they cooperate with neighboring communities?
Dacy: Chaska is defined by Met Council as free standing. They have
their own sewer system and their own treatment plant. Other
communities that are within the MUSA line obviously you know about
that. The MUSA cities and free standing cities all have to conform to
Met Council. In this case, the deannexation issue that was brought to
the Council and it was tabled so Mr. Volk could potentially come back
with some different options because that 40 acres that they wanted to
deannex could be serviced by sewer and water. There was concern on the
Council that the 40 acres put into Chaska which would be a loss to
Chanhassen so the issue was sort of tabled to see if some sort of
compromise or other situation could be worked out. Beyond that nothing
has happened.
e
Planning Commission Meeting
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Slegel: When you say it could be serviced, probably a larger area than
that could be serviced by sewer and water.
Dacy: From the topographical information that we have on the site, the
westerly 40 for sure could be serviced by Chaska. I think that the
easterly half could also be if it had to.
Torn Hamilton: Sure, Chaska would let them have it all if they'd build
up.
Siegel: Is it just strictly because of the Met Council's restrictions
that communities in this case could not cooperate? If you have a
fringe area bordering one community separated by a large agricultural
area in this case, that area can not receive sewer and water from the
neighboring community that has sewer and water because of the
restrictions?
Dacy: If a joint powers agreement could be executed between Chanhassen
and Chaska, you could potentially have utilities extending from Chaska
into a Chanhassen parcel. However, number one, Chaska has to prove
tha t they have capac i ty to do tha t and Met Counc i 1 is corn i ng back and
saying that it's Chaska responsibility to potentially swap out an equal
amount of acreage from their community so that there is no increase
sewer demand. So there is an option available but one way they do get
eback to meet the sewer capacity rules.
Noziska: There isn't any incentive for Chaska to do that is there?
Dacy: That's correct.
Noziska: It's a loser all the way for them.
Dacy: Because if they have to swap ou t acreage to equal i ze a sewer
capacity so you can keep running in circles and meanwhile Chanhassen is
saying then we have to have a trade-off, it's going to be industrial
zoned.
Torn Ham i I ton: The way it would be a winner for them would be if they
would take all that acreage and build it in their industrial park, they
serve that area with their power company. They buy power and they sell
it and they make a lot of money off of it. They would make more money
off an industrial park electricity than they would off of picking up 40
acres of some residential area and stuck that out.
Siegel: And still leave the property in Chanhassen?
Torn Hamilton: Right. They don't want anything but the power. Really
they want the company there because they can sell them the power.
Siegel: It seems to me that there is like we have the business fringe
_district, I don't really have a quarrel here since the potential use of
Planning Commission Meeting
November 4, 1987 - Page 14
_
that neighboring land is probably going to be an industrial park too on
that west side of Galpin Blvd.. I don't really have a quarrel with
establishing sayan industrial fringe district but I certainly would
not be in favor of allowing it be under any other circumstances than a
conditional use permit.
Emm ings: I don't thi nk I've got a real good grasp of what it is they
want to do out there. I don't feel like I really understand what it is
that you want to see in there and I think on the positive side, putting
some of these contractor's yards together in one spot, maybe berming
the whole site or maybe you could do something with that. If the whole
thing was going to be developed at once and I could see a whole plan, I
think I'd be a lot more comfortable. Otherwise, there's a potential
there for an awful ugly mess. When Torn mentioned the Redi-mix...
Torn Hamilton: This is where the building is proposed to go. The rest
of this would be ideas.
Emmings: This is just some free hand drawing on a piece of paper. It
doesn't really mean anything in terms of a real plan to me anyway.
It's not being submitted as precisely what you're going to do. It's
just an idea. Is that right?
Torn Hamilton: Take the red ink off of there and you will see what we
_want to do right away.
Emmings: I think what Dave said about Galpin, as far as I know, as far
as I recall, we conditioned approval of the Gardeneer use of that
property and made a specific condition that they would not be allowed
to use Galpin. That they had to go south and go out to TH 41. I
imagine that was approved by the City Council and I think that's
important because there is potential, there is residential single
family development going in along there and I don't think the Redi-mix
trucks mix with that very well. Even if it's just storage. We have a
experience here with what that looks like and I don't think anybody
would want that anywhere near them. You talk about it's a shame to
lose anything if they move out of town, I'd be happy to stand and wave
good-bye anytime they want to go. That's kind of a personal opinion.
The contractor's yard thing and the potential for breaking it up into
small pieces, I don't think really exists under our present ordinance
because one of the conditions, one of the standards for a conditional
use is that no two contractor yards at the present time can be within a
mile of each other so I don't think we really have to worry about the
alternative scenario that Tom came in here where they break it up into
little pieces and each person would come in for a contractor's yard.
It just won't happen. We've got that covered here. So I think there
is some positive things to this. I would be concerned about the sewer
use and I wouldn't want to see any uses out there that would have a lot
of employees or need a lot but I don't think, that probably isn't a
real problem. I think this thing is so inmorphis, potentially there
_are so many thi ng s tha t could go in there. I f somehow we could narro w
J
Planning Commission Meeting
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the scope, I may be interested in approving it but I think since it's
in the A-2 at the present time and without having sharper definition of
what they want to put in there, and I'm not talking about classes of
things but I guess specific businesses and how they would operate, I'd
be inclined to want to leave it under the way it is. Just because I
just don't feel like I can get a handle on it.
Conrad: Do you feel that we should have a zone where we can cluster
uses like this together?
Emmings: That sounds like a good idea...I don't know if this is the
spot we'd pick. I'd rather survey the community and pick that spot
rather than just put it there because he wants to put it there. I
wouldn't mind considering that spot but if the idea is that Chanhassen
needs a place for a kind of a lower rent, less intensive use for
businesses that somehow don't fit into the downtown and somehow don't
fit into the industrial park, then we ought to go out and look for the
best place in town and if we want to consider that, fine. Let's not
just look at that one. I guess I should say for the record too Tom
that you appeared before us another time talking about your dual
situation as Mayor and now an applicant in front of the Commission and
I think this is an example of the situation where Chanhassen loses your
leadership as our Mayor in something that's kind of a brand new thing.
I think this is an example because you've been hired by a developer who
_wants a specific thing from the City and I think you are in a position
where Chanhassen suffers for not having your leadership.
Conrad: I guess my general posture right now is, if I were to direct
where we go, I feel comfortable allowing uses, especially for
relocating under the current conditional use permit. I think we're all
going to verbalize a little bit differently but I think that can
moni tor and manage and see the di fferent uses as they come in. We
probably could build that into a district but it seems as a permitted
use in the distr ict, I can't envi sion how to structure it. It's sort
of mind boggling and maybe that's just because there are too many
unknowns right now. I would have a real tough time developing a
district and determining why it should go one place versus another.
Yet in terms of relocating our downtown folks, I'm sensitive to that
and I think my general position would be to try to accomodate that
through the existing conditional use process. It kind of accomplishes
some of the things that you talked about. It's probably more
restrictive right now than maybe what Merle Volk would like to see. I
think Planning Commission and City Council went around that the last
time we added an additional use to his property. Unless I saw a real
definite proposal and then let staff determine why, I think a zoning
district has to be an aggresive district. I hate passive districts.
To say we're going to put a district out there just to accomodate
something. I think that's sort of a flimsy way of running zoning
ordinances. What it's good at is it maybe prevents a little bit of
_staff time being involved in some of that stuff but I think a zoning,
Planning Commission Meeting
November 4, 1987 - Page 16
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it's an active use. It's a way of soliciting business to a particular
area. I'm just not sure myself that some of these low intensive uses
are of interest to me. I think the better contractors and the bigger
contractors will be able to afford places and then the ones that aren't
big and want to be here, they can still use our conditional use process
for contractors yards and we can accomodate them but I'd really need to
see a specific proposal and have staff tell me why that should be
before I could react to a particular zone. Let's kind of get a feel
because I think you came in here Tom saying you could go a variety of
ways. This is not necessarily the way you envisioned it and it can
happen a different way too and let's take a poll. I guess what staff
needs or what we should direct staff to do is should we have them do
more legwork in terms of a real zone checking out other cities. Do
they have a zone? How do they accomodate stuff like this? Maybe doing
a little bit more research in that area or should we save their time in
that area and have them take a better gander at the current conditional
use permit process and how it's acommodating uses.
Wildermuth: I think the creation of this zone is good planning.
Rather than having contractor yards scattered throughout the area, they
come more and more in conflict with residential uses of the land. It
would not be good planning. We've got an opportunity to locate and in
fact I'd like to see that whole parcel designated as a district or a
zone. The area immediately adjacent to it is already industrial park.
4ItEmmings: One side. You're forgetting three other sides. Two sides.
Wildermuth: For all practical purposes, the area between TH 41 and the
Volk property, I don't think there's too much question about what's
going to happen there. It seems to me it's logical.
Conrad: So you're in favor of a specific zone?
Wildermuth: Well in favor of a specific zone. I think we run the risk
of creating a community where we're going to have nothing but, it's
going to be a bedroom community. A subdivision community. One
subdivision after another. We've got to provide space for businesses,
for industrial use. I'd like to see some employments opportunities in
Chanhassen other than just retail. We've done that with the industrial
park but there are businesses inbetween the Press type of industry, the
CPT type of industry and the retail busines district and I think as a
well planned community we ought to provide for that.
Noziska: I understand what you're saying but there are several
communities that in their industrial park they will have buildings that
are specifically for small business. I guess what I'm saying, we're
going to have a lot of people who need 2,000 or 3,000 square feet here,
2,000 square feet there with 1 or 2 or 3 or 4 employees each. We're
set up already, and I think Chanhassen has done a nice job of creating
a very nice industrial park and to me, it seems like to push that into
tllPur already established industrial park makes an awful lot more sense
Planning Commission Meeting
November 4, 1987 - Page 17
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than taking a piece of land and trying to push little businesses out
into that area.
Wildermuth: The only problem I see though is that this kind of
businesses, this kind of semi-storage business takes more land, less
building facility than let's say Components Engineering. A company who
just put up a building here. It's a little more intensive
manufacturing use. That kind of business can support a higher land
value, higher per square foot building value. Where there's a lot of
truck storage involved and things like that, I don't know if those
businesses can support or if they generate the kind of revenue that can
tie up the amount of land that it would take to service them in an
industrial park environment.
Noziska: Okay, so let's take sort of a mul ti use office/warehouse.
That's really what we're talking about where there's a little area for
the office and then out in back in this big barn is where they store
their fiberglass equipment and have 2 or 3 or 4 boats in there,
wha tever they're wor ki ng on at the time. We see an a wfu I lot of those
office/warehouses scattered out allover everywhere. I really thing
that the industrial park that Chanhassen has developed is an excellent
place for them. I really don't think that there's anything that
couldn't be handled if there were screening for some outside storage.
Is that what you're worried about?
~ildermuth: I think that's one of the concerns.
Noziska: I know we have Hanus up here who has a lot of outdoor storage
and he's got it screened. Whether that's right or wrong or
indifferent, wherever you put him, even if you put him out in the
middle of the cow pasture, you're talking about creating some sort of a
rule and regulation to screen him. So wherever you put him you're
going to have to screen him.
Dacy: I just want to make a point of information and then see if I can
summarize some of the comments that I'm hearing. If you recall when
Gardeneer came through the application process we had included a map
that picked up on the one mile radius requirement that no two
contractors yards be located closer than one mile and that map, based
on what has been approved to this date, basically has used up the A-2
area. You also recall that we had to process a variance request along
with Gardeneer because they were requesting two, Merle's contractor's
yard and Gardeneer's contractory's yard on one site within one mile so
technically they had a variance application. The zoning district
option, we would eliminate that or we could amend the ordinance to do
that so that we could allow the contractor's yards within that one
district. What I'm hearing now is that the Commission feels
comfortable with allowing contractor's yards as a conditional use.
That's what has been done in the past and that's what gives you control
of outdoor storage, landscaping, berming and those uses but what I'm
~earing you uncomfortable with is uses that don't meet the definition
~-
Planning Commission Meeting
November 4, 1987 - Page 18
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of contractor's yard in terms of the ordinance. I know that the
applicant disagrees with that to some degree but the fiberglass repair
and auto racing garage repair and sign painting and those types of
uses, the staff feels that those uses don't meet the contractor's yard
definition. What I'm hearing is the that the Commission is
uncomfortable with how do we identify those non-contractor's yard
issue. If something can be proposed to classify them, are you willing
to consider that or do you feel the other point of view that we're
going a step beyond and opening an open door for a nebulous type of
uses that will be located in that area. Is that a correct summary of
your comments so far and does that help you in coming to some kind of
direction?
Conrad: I think it summarizes a lot of opinions. If I were to take a
straw vote, it looks like there are two people who would be in favor at
this time of something in front of us as long as there are some
controls on it. Howie, where are you?
Noziska: I have a concern about intensifying use in the rural area. I
always have. I just don't know how we can control it once we've got
a building there. If it was set up specifically to handle 1,500 or
3,000 square foot businesses and we've got a 9,000 or 12,000 square
foot building, then that means all of a sudden we can start putting a
number of people in there with a number of uses. Not only traffic but
~lso sewer. I really think, of course I'm very impressed with our
~existing industrial park and granted there may be some people who are
living in the 18th century and sure $2.50 is not reality in anybody's
book. I don't think $4.00 or $5.00 a square foot is much reality until
you get out into some barn in some farm somewhere. For going
businesses and multiple businesses, there are a number of ways that
other communities have of keeping those types of businesses and
services in town. I agree with Tom, we don't want to lose these people.
I jus t don't feel mysel f that go i ng into an unsewered area wi ththem is
a solution to the problem. I think we should search for someway to
keep them here but I think by dumping them into an unsewered area is
not my idea of a solution.
Tom Hamilton: I appreciate all the comments and that's true we'd like
to do something out there and keep the business in town. It doesn't
really matter how we do it and I do believe in the process that the
cities go through to accomplish this and I do appreciate what's being
said. I think what Jim is saying is there are some businesses that are
between an industrial park and a Merle Yolk property. They haven't
graduated yet to the industrial park. They aren't big enough. They
don't make enough money. They haven't been around long enough. You've
got to walk before you can run. I think Dayco Concrete is a good
example of tha t. I'm not sure where they were housed before they came
to Chanhassen but they were a pretty small ou~fit and they probably got
a start someplace similar to Merle Yolk's property and now they've
moved into the industrial park. We would hope that this would happen
~ith these businesses and perhaps there would be some successes out
Planning Commission Meeting
November 4, 1987 - Page 19
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there and those people would develop their businesses and they would be
able to move into our industrial park but our industrial park Howie, I
agree is a very nice park but we're not set up to handle people like
this. There isn't anyplace down there where they can go and pay a
reasonable rent to get the type of facility that they need to have.
The facility that Merle and Bill would like to build would cost them
about $170,000.00. It's not just a falling down shed. There would be
greenery around it and it would be nicely done so it's not like we're
just throwing up something overnight and it's going to look like heck
and fall down. It's a pretty substantial building. You can't build a
building like that in the industrial park. You can't charge the types
of rent that you can charge here. You can probably charge $5.00 a foot
and they'll probably have some very viable business people. That's all
I wanted to say and I appreciate your comments.
Headla: If we let this building go up out there, why wouldn't people
like J & R Radiator be allowed to go out there if they're going to get
their rent for less than half?
Torn Hamilton: That's not the kind of use that he wants to have there.
Wildermuth: Besides J & R Radiator by virture of their processed water
that he uses.
~Tom Hamilton: You're looking at a high water user. Basically we are
"'looking at contractors. People who go there in the morning, get their
equipment and maybe make some repairs to their equipment then they
leave the site and they're out working on a site someplace all day long
and come back in the evening, park their cars, maybe take their calls.
That's basically what goes on there today. If you drive down there in
the morning it's busy. The people are coming in. They're getting
their equipment and they're leaving. The rest of the day there aren't
too many people around. You've got a mechanic in back and a guy
answering the phone, other than that there's not much going on.
Wildermuth: I think we have to put some real teeth into some of the
restrictions in terms of waste water and water useage.
Tom Hamilton: The building that's proposed, there would be no sinks
but in the toilet. There would be a bathroom sink. There would be a
stool and a sink in the bathroom. There isn't any other facility for
water to be used. It won't be used.
Conrad: Let's give staff some direction.
Noziska: Maybe you've got an idea there. We're not the only fringe
community today in the metropolitan area. There's a whole bunch of
them. How have they approached this particular problem.
Conrad: I guess I still have serious doubts on this one because I
.on't know if we create a zone, where does it go? How many zones do we
Planning Commission Meeting
November 4, 1987 - Page 20
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want? How does that infringe on, really the area it goes into is
agricultural and zones are kind of a lifestyle when you think about it.
You plop this zone in the agricultural district and it's changing their
lifestyle. Even through there are ways around that but it bothers me
a little bit and it bothers me putting industrial uses or heavy uses in
agricultural area. I guess I agree with Howie on that yet maybe
there's a solution to this that some other community has come up with
that might provide some guidance. Torn, are you going to corne back next
week with a conditional use permit? Is that your direction?
Dacy: Maybe we could talk about that for a little bit because what's
being proposed is the construction of a building. As in the
Gardeneer's or Merle Yolk's application, we know how many trucks are
going to be there. We can estimate from what his business is and the
applicant is proposing the construction of a building to house a
potential contractor's yard. That raises the issues to the Commission
on how comfortable you are dealing with a conditional use permit
application of that nature so that's why the applicant is trying to
approach this issue from two meetings.
Conrad: But the applicant's corning in next week with a conditional use
permit. We're saying Barbara we don't know. That's what we're saying.
At least four of us are saying, we're not sure and two are saying
probably it makes some sense. Based on that straw poll with four of us
Awho say we don't know, we're saying is there any more information that
.you can get us that might help clarify a particular zone? I guess I
still an skeptical personally that we'll find that. That I'll be
comfortable with something but do you thing there's information out
there that you can find that might help us? Other communties that have
taken on this thing and have rules and regulations that shows us types
of uses that they permit and they have some track record. If we saw
that, then I think we might be able to find locations for this type of
district. Without that I think it's just terribly difficult to grasp.
At least I'm having a real tough time doing it.
Dacy: Okay, so what you'd like to see back is an analysis of other
locations that could be appropriate for this type of district and
number two, what other communities are doing as far as the rural areas
and the types of uses that they allow. Number three, to look at the
non-contractors yard type of uses.
Conrad: And number four would be comparing our contractor yard
restrictions to other communities contractor yard restrictions.
Emmings: Also, could they look at maybe building a case for this as,
could this Yolk property be a buffer between the industrial park that's
right there adjacent to it and the residential to the east. Maybe a
case can be made for that.
Dacy: To a certain extent I think that's happening now pending
~evelopment of the industrial park in Chaska.
Planning Commission Meeting
November 4, 1987 - Page 21
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Emmings: I guess I'd like to know, does it make sense as a transition
between industrial and agricultural because I can think of how it might
but it may turn out if you look allover Chanhassen, if we wanted to
look for a place to put a district, maybe that's it.
Conrad: I'm not sure that this is an asset for Chaska. Why is the
Chaska Industrial Park filling up Tom?
Tom Hamilton: Because they're giving the land away for nothing.
Conrad: That's true. It's a tax increment deal.
Tom Hamilton: They give the land away from nothing because they get
all their money back in electricity.
Conrad: Well, you've heard what we're going to do. Get some more
information. That's what I got out of this and maybe we'll have a
little bit more concrete info but I assume you're still going to be
coming in with that next week and we'll take a look at it.
Emmings: As far as Howie's point about putting this stuff down in the
industrial park, I thought that was a real good point. At least that
makes sense as the first place you look before you might locate this
up, and that seems to be impossible and I'm wondering is it just
~ecause of the style of buildings that are going in there are just too
~~xpensive to build?
Tom Hamilton: Part that plus the price of land. You can go down to
the industrial park and pay, I don't know what are lots selling for
down there Barb?
Dacy: No I don't.
Tom Hamilton: I don't know, you go down there and pay $10,000.00 per
acre for land in the industrial park right now and put a $100,000.00
building in.
Wildermuth: Right. The other thing is, if you move into the
industrial park the chances are good that you're going to spend between
$40.00 and $50.00 a square foot for a building. If you're going to
spend that kind of money for 150,000 square foot building, I don't want
a contractors yard next door to me.
Emmings: But maybe some of these uses might be appropriate down there
where some aren't. Maybe the people who own that land, if there's
enough interest in that type of use, maybe the landowner down there
would be willing to put up a nice building that will allow some of
these places to come in.
Wildermuth: I think the City might take a look at putting up some sort
~f buidling.
Planning Commission Meeting
November 4, 1987 - Page 22
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Tom Hamilton: Our definition of a contractor's yard says inside and
outside storage and I think outside storage is where the problem comes
in. The industrial park people don't have any outside storage. You
look at Merle's operation and just because of the type of work he does,
excavating, he has to have stuff outside. He just can't store all his
stuff inside. He's got too much stuff. Buckets for his backhoes and
new blades and all that stuff is outside. The boat guy would have some
boats sitting outside. Outside storage is important and it's cheaper.
Merle's land is real cheap. He doesn't charge them anything to put
stuff outside and let it sit there.
Wildermuth: How much land is available in our industrial park at this
point?
Tom Hamilton: In the park that's being developed there's very little
left. There's only half a dozen lots and it's going to have to go on
the other side of the tracks. We've got a big piece over there north
of Lake Susan that hasn't developed yet and west of Lake Susan also.
Noziska: There's really quite a little land left in the basic area. I
know I was in Roseville and I saw an industrial park that went in, the
buildings went almost entirely around an open area in the center and
they had an area where you could get semi's in and out of the back
there but yet they enclosed and maybe I'm not understanding exactly
~~hat kind of businesses it is we're trying to keep in Chanhassen but it
.seems to me like that would be the type of arrangement where you had a
combination of inside and outside. Hanus stores a lot of stuff outside
and I don't know, that mayor may not be a good example. He's in the
community and he's sitting there with a lot of exterior storage.
Regardless of the goofy tennants, that's a problem but to enclose it
with buildings with one area to enter and have it sort of enclosed by
the building itself, that makes some sense. If we're trying to keep
these little guys and it seems to me with someone with a small business
and one that needed a variety of services, I don't know maybe Jim's got
a point. Maybe the City of Chanhassen should encourage and participate
in keeping those kinds of people here. I agree with you. I don't
think we want to start losing gals that fix and paint cars and guys
that fix boats. I think we want to keep those people in our community
but I think the intensity of that use is something that bothers me in
the unsewered area. You know how I am about unsewered areas. I was
against going to 2 1/2 acres and I'm tickled pink with the 10 acres per
single family residential. I think that's a good idea. I can live
with 5 acres. I don't have a problem with that but I think 10 is
better. I think now we've got all these fancy rigamarolls to limit the
intensity of infiltrating our ground water and then this seems to be
going against that again and that's probably one of the reasons that
I'm having difficulty.
Tom Hamilton:
There will be
e:ank and pump
I'm not sure it is. It's going to be very light use.
very few people using it and you could put in a holding
it every year. You probably have to pump it once a year
'"
Planning Commission Meeting
November 4, 1987 - Page 23
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because it just plain wouldn't get used.
alternative.
I think that's a good
Noziska: Have you run some projections on that little sketching that
you've got there as far as what that means to Chanhassen in the way of
taxes and etc.?
Tom Hamilton: The building would generate about $6,000.00. Just the
one building we're looking at right now. If you increase the uses and
I haven't had a chance to talk to the assessors to find out what kind
of changes you would put on that property but it would increase the
taxes. If I can get the information for you, I'll see if I can talk to
the assessor.
Noziska: All those sorts of things are important parts of
consideration which obviously you have more knowledge of and
understanding.
OPEN DISCUSSION: LOT WIDTH AND FLAG LOTS.
Barbara Dacy presented the staff report on lot widths.
Conrad: What do you think? Keep it the same?
eNoziska: It doesn't seem like there's any consistent guidance out
there. It's whatever anybody or any particular community feels is
right.
Conrad: I guess I just get the feeling we're not gaining anything by
changing the ordinance right now.
Headla: To me we've had several situations where flag lots, it looks
liked it was very reasonable. I don't what else the developer could
have done.
Dacy: One example, or at least I felt that a flag lot was and a
variance was deserved was on the Shadowmere subdivision at the end of
that cul-de-sac. They had kind of a hammerhead shaped cul-de-sac and
if they would have built the cul-de-sac and created the lot lines so
you could get the 90 feet across, it would have meant a retaining wall
of 22 feet in height and x amount of cutting and filling and so on but
if they can achieve the same number of lots but do less damage to the
topography, and the topography I thought in that instance was the best
reason to do that. Other examples, there was controversy in the Creek
Run subdivision on Yosemite and then we talked a lot about this in the
Centex and Curry Farms development. There are 2 or 3 flag lots along
the steep slopes and cul-de-sacs also. The Commission felt that in the
Creek Run example that it was pushing a line that he's trying to get an
~dditional lot out of there. I think the Council went along with that
~oo.
Planning Commission Meeting
November 4, 1987 - Page 24
e
Siegel: Barb, wouldn't you find if you had a standard arc width that
you would avoid some of those kind of things just because of the cost
of construction? They would have to be planned according to the
topograhy of the land and meet the requirements and we wouldn't have to
worry about variances for flag lots or that kind of thing. If you had
an equal distance arc around a cul-de-sac and wanted to open up them to
building odd shaped cul-de-sacs to take full advantage of every square
foot of land.
Dacy: To me that's another way of enforcing it. You can establish a
40 to 45 foot length along the arc or the curve of the cul-de-sac. You
would end up with a 80 foot lot width at the setback line. If you
increase that, then your lot width gets bigger. To me that's just
another way of saying you have to have 90 feet at the setback. Yes,
establishing a distance along the curve of the arc also would eliminate
the flag lot option because you're establishing a minimum width at the
cul-de-sac and not saying, you could go down to 15 feet and go back out
and at the building setback line I am at the 90 foot lot width. While
we're talking about flag lots, should I move onto that?
Conrad: We should make a decision on this while we're talking about
it. Is there any reason to change? Does anybody want to pursue that?
Okay, we'll keep it.
~acy: We're glad we talked about it because a couple developers come
~n and say this 90 foot thing at the building setback line is
ridiculous. You folks are too restrictive but after we called around
to other communities, we find that that's not the case.
Barbara Dacy presented the staff report on flag lots.
Emmings: Do you have a minimum width?
Dacy: Technically right now we're just saying everything has to be 90
feet and you have to abut on the street. If you wanted to you could
put a sentence in the subdivision ordinance that said if a flag lot is
to be created it shall have a minimum width of x feet but I don't know
if you want to get that definitive at this point.
Emmings: The only thing is if you're looking at it as preserving your
space for future possible street. Is there anything in there about
flag lots now, in the zoning ordinance?
Dacy: No and not in the subdivision ordinance.
Emmings: The thing that comes to my mind, we can sure leave it the way
it is and the other thing we might do is just address flag lots in the
ord i nance and say we don't 1 i ke them for these reasons but we recogn i ze
there are certain places where they might be appropriate as a variance
.and list those things. I think those are real good points that you
ade there.
Planning Commission Meeting
November 4, 1987 - Page 25
.
Noziska: So that wouldn't totally close the door but it would...
Emmings: It would show that we're predisposed not to like them but
there are certain cases where we will look at them because that will
help us remember in the future too. And we want to say, Iwhen we do it,
we will probably want to have a minimum width of, I don't know. You
may want to give an easement or something over more land to be sure
there's enough space there to build a road in the future.
Conrad: I like that. I'm comfortable with keeping it the way it is
but putting in some rationale for any variance to the conditional use.
Dacy: Okay, then we can bring that back.
The Planning Commission reviewed the City Council meeting update.
Tim Erhart arrived at the meeting.
Erhart moved, Siegel seconded to adjourn the meeting. All voted in
favor and motion carried. The meeting was adjourned at 9:40 p.m..
_bmitted by Barbara Dacy
Cl.ty Planner
Prepared by Nann Opheim
.-i.
..