1988 03 02
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CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MARCH 2, 1988
Chairman Conrad called the meeting to order at 7:45 p.m..
MEMBERS PRESENT: Steven Emmings, Annette ElIson, Ladd Conrad and
David Headla
MEMBERS ABSENT: Tim Erhart, Brian Batzli and James Wildermuth
STAFF PRESENT: Barbara Dacy, City Planner and Jo Ann Olsen, Asst.
City Planner
PUBLIC HEARING:
PRELIMINARY PLAT AMENDMENT OF 41 SINGLE FAMILY LOTS ON 18 ACRES TO 51
SINGLE FAMILY LOTS ON 23 ACRES OF PROPERTY ZONED PUD-R AND LOCATED ON
THE WEST SIDE OF POWERS BOULEVARD, APPROXIMATELY 1/4 MILE SOUTH OF HWY
5, ARGUS DEVELOPMENT.
Jo Ann Olsen presented the staff report on this item.
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Chairman Conrad opened the meeting up for public comment.
Emmings moved, ElIson seconded to close public hearing. All voted in
favor and motion carried.
Headla: Just as a philosophy first, if they go ahead and build those
homes and then a decision is made someday, I want a fence or a hedge
between our property lines right next to a road, do they have to come
in and get approval for a fence?
Olsen: They have to get a building permit for a fence.
Headla: They do have to get a building permit for a fence?
Olsen: And if it's over 6 1/2 feet they have to get a conditional use
permit.
Headla: I was just thinking like a 4 foot hedge or 4 foot fence, they
would have to get a permit?
Olsen: For a fence.
Headla: So
have to get
that?
- Olsen: Yes.
if there's any type of sign that they'd put in, they'd
approval so they'd fall under the regular ordinances for
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March 2, 1988 - Page 2
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Headla: PUD doesn't go around that? Okay. The first thing when I
was looking at the plan and we've been driving that direction and once
in a while we bounce back to it but we go ahead again. We're going to
have 50 homes on one road, a deadend road, and I see Madden didn't ask
for it, is there any reason why we shouldn't ask that that road be
continued back to Powers Blvd.? I could just see an emergency vehicle
couldn't get back to an emergency because something was jammed up near
Powers Blvd..
Olsen: Again, that was reviewed by staff and they did not feel that
was necessary at this time. But the road will be extended in the near
future with the additional phases.
Headla: What's the definition of near future?
Olsen: In the next 5 years.
Headla: In the meantime we've got 50 homes that could be in jeopardy.
I feel that we should ask that the road be extended, just for safety
sake. There's agreement they were going to put in a park right?
What's the schedule for that park? Are we going to let him get
everything built in the park that's the last item or what's the
phasing of that?
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Olsen: No, the park will be developed as a part of the future phases.
The necessity for that park would really be determined upon the number
of homes once it reaches a point. We have it specifically in that PUD
contract. Whenever the Park and Rec Department wants that park, they
can have it.
Headla: You've got that pretty well...
Olsen: Yes, it's up to the city to determine.
Headla: The roadway that goes through there, it's 35 feet wide?
Olsen: The paved surface is.
Headla: It's 35 feet. That's curb to curb? Then a 5 foot sidewalk
is going to be in addition to that so it would be 40 feet?
Olsen: It would be off-street sidewalks so it won't be on the street.
It will be a separate sidewalk from the road. It will be outside of
the curb area.
Headla: But there will be a place for the sidewalk but that will be
within the 60 feet right-of-way?
Olsen: Yes.
e Headla: What side of the street does that go on? The sidewalk?
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Olsen: I believe it's going to be on the north side. The Park and
Rec Commission didn't determine which side. They just wanted to make
sure that it was on the same side on either side of Powers Blvd..
Headla: You know, a while ago we talked about it and then we backed
away. We've got over 50 homes now but we're going to have a lot more
homes there and when we go on the east side, there's going to be an
awful lot of homes. We've got a park and can you imagine in 10 years
the traffic on Powers Blvd., people crossing that? I don't know if we
backed away from a tunnel or a bridge. I don't have a position but
I'm concerned about that. Do we look forward to a stop sign there?
Is that the practical thing to do or should we be asking for something
else? I'll give the rest of you a chance to think about it. Do they
put in street lights?
Olsen: Yes.
Headla: I didn't see that spelled out.
Olsen: That's in the development contract.
Headla: On item 18, if you look at the 20 foot utility goes between
Lots 5 and 6 of Block 1. Was that to be a continuous line down to
Susan Hills because the next easement is over between Lots 17 and 18.
e It looks like it took a jump shift. I'm looking at page l.
Emmings: On the third page down.
Headla: You know I looked at that page and I didn't even see it.
Okay, that's the answer. That looks fine. On item 6, I don't
understand that compared to the engineering memo where they talked
about the 7%.
Olsen: This is just a landing area. They want a level area where the
cars will be waiting.
Headla: No, I'm talking about the engineering memo where it says
roadway.
Olsen: A typical standard for a road itself is a 7% slope.
Headla: I didn't understand that.
Olsen: That's our maximum slope of the road itself.
Headla: It said to the City's recommended standard of 7% and that
didn't seem right. Go to the Engineering memo, page 2 about the
middle paragraphy. See where it says, as compared to the City's
recommended standard of 7%.
~ Emmings: Should that be recommended maximum?
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March 2, 1988 - Page 4
Conrad:
It's maximum is what they intended.
Headla: 7% maximum. Alright, then this other one makes sense. If we
approve what you've got here, and then I look at a note on the drawing
on page 1, and we talked about this before, all dimensions are
preliminary and subject to change on the final plat. Doesn't that
just open up a can of worms? When we approve something, don't we
approve it based on the date of this print?
Olsen: Yes, but they come in with their final computerized
calculations. Instead of 92 feet wide it might actually be 92.5 or
something. The actual dimensions really don't change.
Headla: Where do you draw the line on changes?
Olsen: If it's a major change, if the lot comes in with a totally
different area.
Headla: But your opinion of major and somebody elses opinion can be
different. How do you control that?
Olsen: We review when the final plats come in to make sure that they
conform with the preliminary plat. It's always very, very minor. A
couple of feet.
Headla: You're saying with this note, you've never had any trouble in
the past and if somebody shifted stuff that you hadn't...
Olsen: If it was a 90 foot wide lot which was required and it came in
at 89, then we wouldn't permit it. It wouldn't be acceptable. It's
usually just minor.
Headla: Alright, so you haven't had a problem with that?
Olsen: No.
Headla: Okay the last one then is, where you have on here page 4,
just above your recommendation, could you just explain that a little
bit more. On the very top where the Park and Recreation also
requested.
Olsen: Okay, the 50 foot for the outlot?
Headla: Yes.
Olsen: Outlot B is leading into where the park area will be developed
in future phases so they are preserving an access for the subdivision.
That was a part of the first plat they had in.
Headla: Okay, that's all I had.
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Ellson: I had a quick question on lots per acre, units per acre. Is
that the same measurement? In here we write units/acre net density of
2.32 and on the blueprint it says net density of 2.68 lots per acre.
Olsen: When you're talking single family then yes, it's the same. If
it's multiple or two homes on one lot. We always go by units.
Ellson: There's a discrepency then.
Olsen: Right, it's real close. I went through and calculated it.
Ellson: I just have another question on the type of landscaping that
you recommended. I wouldn't begin to know what you're talking about.
Olsen: They provided the detailed landscape plan for the other
preliminary plat and what that is is additional landscaping along the
intersections Lyman Blvd., along the main streets and it tells you
what kind of landscaping it is and what types of vegetation so we can
approve that. Normally that is presented as a part of the preliminary
plat.
ElIson: I didn't know if it was that detailed or if it was up to them
and I thought, how can that be?
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Olsen: What happens is normally with subdivisions, all they do is the
development contract just requires one tree per lot. With this PUD,
as a part of the PUD approval we got.additional landscaping so as you
turn into the subdivision there might be an arrangement of trees
around the sign or something so it's added vegetation rather than just
the one tree per lot.
Ellson: They have their streets, I think it was like 60 feet wide and
we wanted to change them to 50 and the reasoning was because of our
regulations for that?
Olsen: Right, the urban street is only 50 feet wide right-of-way.
They are providing a wider road along Lake Susan Hills Drive because
it is such a major roadway. The shorter cul-de-sacs really only need
to be in 50 foot right-of-way for urban standards.
ElIson: I disagree with Dave about another entrance. I think that
it's when you get all these entrances onto a main road like Powers
Blvd. that you get more traffic problems because everyone is trying to
come out at once and if there were development on the other side they
could share one intersection but if there's an intersection here and
then someone's got to stop again later on. I think that's where you
get more problems with people pulling out rather than having one
designated area. If they will eventually extend it, I would be
satisfied not to expand that entrance.
~ Conrad: Just so you know Dave's concern is that for emergency
purposes. We have a standard and staff inforces it in all cases that
Planning Commission Meeting
March 2, 1988 - Page 6
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there be two entrances to anything for fire, for police. I think that
was Dave's main point on this one. We don't know when the rest of
this will be developed and therefore you have 50 houses that have one
access which can be closed off by one tree. So the point is, are you
comfortable with the safety for the end of the cul-de-sac basically or
do you think anything temporarily should be done to provide a second
access? Staff's recommendation is no.
Emmings: Has staff looked at whatever these poor soil conditions are
just to see if it impacts any other aspect of the development or any
other future developments?
Olsen: The Engineering Department really looked at them closely
because still the utilities were going to be g~ing through there. He
has some certain stipulations to help protect that.
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Emmings: I'll jump in on the road issue because there's no doubt in
my mind that we would not approve this and that we have specifically
not approved others on the basis of not having a second access. Five
years is an awful long time to me and I think there should be a second
access here. I guess maybe one way we could handle it would be, the
Fire Inspector said that there is no problems with this meeting the
fire code and I don't think that's what we're asking. I think it's a
different question and there's no indication that that was considered,
either by the City Engineer or by the Fire Inspector. Maybe what we
could do is just ask that the appropriate person look at it between
now and Council and come back with the reasons why we should or
shouldn't require a second access but I certainly think we should.
That's all I have.
Olsen: Do you feel like just having a secondary access going...
Emmings: Back to Powers Blvd..
Olsen: Right but coming back here and swinging back to Powers or
would you...
Emmings: Whatever is easier for them to do. If they want to put a
temporary roadway back out there, I think that would be fine.
Conrad: I agree with the road issue. That's my only comment other
than clarification of one issue. The englneer Larry Brown says, under
drainage, a more defined drainage swale should be created. Staff says
a more pronounced drainage swale. In terms of how the developer takes
those comments, what does that really mean? Are there engineering
aspects to what we're asking them to do or are we talking about
digging it a little bit deeper and there's no standard for digging it
a little bit deeper? We're just saying dig it a little bit deeper?
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Olsen: I believe that's right. They just have an idea that they want
it to be more pronounced. I don't believe that there's any specific
standards between swales. I could double check. They work closely
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with the developer when they go into the detailed plans and I think
that's when a lot of those are figured out as to exactly what they
mean.
Emmings: Does it sort of go without saying that if we put something
like this in that it has to be done in a way that satisfies the City
Engineer or should we put that language in there?
Dacy: In his paragraph, Larry refers that the final plan and
specification approval. That is approved by the Council and that plan
is the construction drawings. That would show the depth of the swale
and Larry was referring, based on the calculations of the amount of
water going through there, they use that to determine how deep a pond
should be or how wide it should be and the volumes going through that
so it's one of those detailed items.
Conrad: So those calculations by the developer, get reviewed by Larry
Brown?
Dacy: That's correct.
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Conrad: I don't have any other comments other than I think we should
put in a point 19 that staff should advise City Council as to the
safety of having a cul-de-sac this long without a secondary access.
Any other discussion?
Headla moved, Emmings seconded that the Planning Commission recommend
approval of the preliminary plat amendment as shown on the plan
stamped "Received February 12, 1988" subject to the following
conditions:
1. The applicant shall submit an amended landscaping plan which
provides for additional landscaping on the addition of Lake Susan
Hills Drive and Pelican Court.
2. The applicant shall receive an access permit from Carver County
for the proposed access from CR 17 (Powers Blvd.).
3. A five foot wide concrete off-street trail/sidewalk shall be
constructed along Lake Susan Hills Drive and the trail shall be
placed on the same side of the street in both neighborhoods so as
to match at the Powers Blvd. intersection.
4. The applicant shall enter into a development contract and shall
provide the necessary financial sureties as part of this agreement
for completion of the improvements.
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5. The applicant shall enter into a revised Development Contract with
the City to reflect changes to the platted area and update the
financial security.
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6. The plans shall be revised to include a landing zone being a
street grade of 0.5% for a minimum distance of 50 feet prior to
the intersection of CSAH 17.
7. Type II erosion control (staked hay bales and snow fence) shall be
placed as check dams at 100 foot intervals in all drainage swales.
8. All utility and roadway improvements shall conform to the City's
standards for urban construction.
9. A revised grading plan clearly delineating the limits of area with
poor soil conditions shall be submitted for approval by the City
Engineer.
10. Plans and specifications indicating details for installation and
supporting utilities in poor soil areas will be required prior to
construction. The revised plans shall address the comments
contained within this report.
11. The proposed right-of-ways for Pelican Court and Egret Court shall
be reduced to 50 feet in width.
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12. A more pronounced drainage swale shall be created at the rear of
Lots 1 through 7 and Lots 11 through 23 of Block 1 to convey
backlot drainage to the proposed storm sewer.
13. All erosion control measures shall be in place prior to the
commencement of any grading. Once in place they shall remain in
place throughout the duration of the construction. The developer
is required to review erosion control and make the necessary
repairs promptly. All erosion control measures shall remain
intact until an established vegetative cover has been produced at
which time removal shall be the responsibility of the developer.
14. Sidewalk/trails shall be included in the construction documents as
required by the PUD agreement.
15. The road section for Lake Susan Hills Drive and Heron Drive shall
be 35 foot back-to-back.
16. A 20 foot wide permanent trail easement shall be provided along
Powers Blvd. for Lot 1, Block 2.
17. Lot 4, Block 3 and Lot 1, Block 4 shall take services from Lake
Susan Hills Drive sewer and water.
18. A 20 foot utility easement shall be placed along the storm sewer
pipe which runs between Lots 5 and 6 of Block 1 and Lots 17 and 18
of Block 1.
e 19. Lake Sugar Hills Drive shall be continued back to Powers Boulevard
unless the Public Safety Director can show to the City Council
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that a secondary access is not necessary.
All voted in favor and motion carried.
APPROVAL OF MINUTES: Emmings moved, Headla seconded to approve the
Minutes of the Planning Commission meeting dated February 17, 1988 as
amended by Ladd Conrad on pages 6 and 37. All voted in favor and
motion carried.
DOWNTOWN SIGNAGE CONCEPTS.
Dacy: While Jim's setting up I'll just start. For the three reasons
that I stated on the first page of my memo, staff wanted to look a
little closer at the issue of signage in the downtown area and for the
reasons of the aesthetics issues for downtown redevelopment and
improving the streetscape of downtown and the visual image as well as
trying to create a consistent form of signage in the downtown area we
thought we'd put this before the Planning Commission to see what your
ideas were because you have in the past expressed opinions about
signage into the community and into the downtown area. As we began
looking at the downtown and the redevelopment projects that were
occurring, we noticed that the developments were taking shape into
smaller areas which we have labled on here as districts. Retail West
right across from the new bank, the Kenny's building over on the east
side, the proposed Medical Arts Building Center, the whole area on the
west side of Market Blvd. side. So these little nodes started
appearing and we thought, what a good way to use that to our advantage
and create what we're calling district signs to focus traveling
motorist into what that particular node or commercial development is
doing. The first part of our proposal is to create these district
signs. They would not have any advertising or business names on them
but they would just state a name. For example, Chanhassen Square or
Chanhassen Government Offices.
Headla: That would be where the red stars are?
Dacy: No. The district signs are those located and proposed as the
small black dots to identify that node and what's occurring there but
not necessarily saying Q-Suprette and Dominoe's Pizza, etc.. What
this means is that in creating district signs, what happens to the
other signs by individual property owners so a couple of issues are
there. One is, this means not allowing anymore new pylon signs. For
example, not allowing Kenny's the ability to have an individual pylon
sign of the Daycare center to have another pylon sign. It would mean
solely that these signs would satisfy what we call street level
identification of that node. There would be a lot of wall signage of
course and we're looking at some performance standards with that to
act as a compliment to the district signage. Down on the West 79th
Street area, that poses maybe as a bigger issue because we do have
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Planning Commission Meeting
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several free standing buildings, existing buildings. Do we want to go
so far as to go back and remove those existing pylons or take the
approach of when these uses leave or burn down to occupancy changes,
do we want to request that they remove the pylon? Again, opt for a
district sign, one sign denoting what this node is. So that's one
issue, the district sign issue that we're asking your input on. The
second issue is what Dave asked about, the red stars, the entry
monuments. You talked a lot about this about a year ago when the
Chamber came in and through some other development requests so we
wanted to create another type of sign that would say "Welcome to
Chanhassen, Dinner Theater this way" or whatever that type of message
would be on the sign. We wanted to look at locating those in
strategic points when you get into the downtown area. What we're
looking at initially is one located at the intersection of Market
Blvd. and TH 5 and one up here on West 78th Street at the base of
Kerber Blvd.. One as you cross the railroad tracks on Great Plains
Blvd. in front of Klingelhutz' office building and future entry signs
at, the Chamber sign was allowed to be up for 5 years. The Council
put a condition on that so after 5 years, that sign could come down
and we could have an alternative form of signage at that location and
another future sign at the new intersection here when we realign TH
101 into TH 5 at West 78th Street. The purpose tonight is to talk in
general terms, from the Planning Commission's standpoint, if this
should be pursued any further. Staff's recommendation is that we
really feel stongly in the central core area of the downtown of the
district signage and the entrance monument signage is a worthwhile
project to pursue. We think it does compliment our overall effort to
create an uncluttered and appealing streetscape when you get into the
downtown area. That's our recommendation on that. So that's the
first issue that we need your comment on. What do you think of all of
this and then the second issue that we need your comment on is, do you
think we should expand this concept to other commercial areas of the
City? So if you say no to one, that answers two but if you do say
yes, that does have some implications for other potential areas.
Maybe I'll ask Jim maybe to just briefly describe the district sign
approach with the complimenting wall signs.
Jim Lasher: A couple of quick notes about signage. What a lot of
communities are doing is going to a more performance oriented signage
code and not the standards which is what most often really Chanhassen
has now. You get so many square feet of signage for so many square
feet of developable space or facade area. By going to a performance
type signage ordinance you are encouraging a lot more creative look at
how you're going to sign your building and it requires a little bit
more aesthetic appeal from the people that work at staff to be able to
look at these kind of issues but you're opening up a lot of
opportunities for people to do some exciting things. You're also
opening up an opportunity for somebody to do something really ugly so
it's definitely a double edged sword. One of the things that has been
used in the past and we're thinking about using in the downtown area
is a signage band for a strip type of commercial establishment which
we're getting a couple of them downtown. Usually it's a continuous
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band along the face of a building. One of the statements is that
these signs are generally based on a solid color that's continuous all
the way along the building edge and the signs are separate layers that
punctuate that color. What that does is allow the signs to be read
but it doesn't interrupt the building movement all the way along the
facade. It maintains it instead of having a box of one size that
maybe you use backlight fluorescent and then a smaller box that's
maybe a neon and it gets to be a little bit of a hodge podge so we
allow to have a continuous sign band. Generally the sign band is
about two feet high. In this drawing and in a lot of performance type
codes, they are allowing the sign bands to get larger when businesses
are set off of the street, if in fact they meet the criteria for
height about the sign band. What that does, if you can picture what
this building would look like flat with a 4 foot high sign band and
then think of putting another 7 or 8 feet of roof above it in a 4 foot
high sign band, you're going to get a much better, cleaner looking
building and the signs are not going to look out of scale. So that's
what we propose. We've been working with the developers of both these
buildings, the Colonial Center and I'll call it Retail West because I
haven't heard the new name yet, but work with them because they did
want to get a larger sign bands. We worked with this roof structure
to try and get that up a little higher to give a better proportion to
our sign area. What that also allows them to do is to put larger
letters that are read from farther away. One of the standards is that
for each 1 inch height of letter you have in a sign, it's legible from
50 feet. So if you have a 12 inch or 1 foot high sign, you can read
it from about 600 feet. That's a signage standard. So with a 4 foot
high band, you can comfortably get 1 to 1 1/2 foot high letters still
keeping some space above and below. They are legible from 500 or 600
feet and if they're lit, it's even better. That's the ideas that
we're working at for developing a new ordinance, is some kind of
performance criteria for design. Back to the district situation where
once again as Barb described, we're trying to make a cohesive
development out of certain areas which break up either by grade or by
just actual splitting of the railroad tracks. It just breaks into a
lot of scenarios. Right now it would good if we could take advantage
of that and I think that's what we're here tonight for is to get some
input from you about the general idea and whether you see it as what's
bound together.
Emmings: I think node is a funny word. That's one comment I have. I
think this is an outstanding idea. I just love it. I think it's the
first thing that I've seen for signing the whole downtown that made
any read good sense. I think it's terrific. That's all I have to
say about that. The other thing I noticed in the packet is the Mayor
taking us to task for our comments to Gary on page 15 of the Council
meeting Minutes of January 12, 1987. I thought that was kind of too
bad. He was disturbed with the comments we made about the sign. It
looked like an attempt to knock him down without giving him a chance
to say anything or having any respect for their wishes. I guess my
view is different from the Mayor's so I don't know if we should
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dedicate ourselves from not having opposing views or what but I just
wanted to mention that.
Ellson: I like the idea of the individual little district names.
Sometimes I see these strip type things and it gives me the impression
of generic. I can't necessarily recognize a familiar store because a
lot of times they're not using the lettering that I've seen B.
Dalton's use and things like that. I'm not sure if that type of thing
had to change or not. I don't think I would want it so generic that
it's one after the other. I'm picturing the one by Southdale. It's
like Yorktown or whatever and they've got that type of thing and I
hate it. I can't find the store because it's not lined up under it's
thing and I can't read one from the other very well. I drive by there
and it just bugs me. I know there are stores over there that could
probably help me and I could buys things there but I don't like that
and I wouldn't want this to come away with that. If you have like
Peck and Peck. I'd like them to be able to use their letter style
that they use in all their stores. Maybe even the colors that you're
used to seeing Peck and Peck have in order to recognize them.
I notice that's the problem I have when I go some of those other strip
malls. It's not the B.Dalton's I know. It's like McDonalds couldn't
their arches or something.
Jim Lasher: One of the things that a lot of buildings in the past
have done, have set up a very strict guideline of you have to use a
white letter against a brown background and it has to be this high and
it can only be this long. That's a standard and they didn't allow any
of the businesses to project any of their image at all and they didn't
allow anyone any creativity. So just by having something that says
you can have 40 square feet of signage if you have 3,000 square feet
of businesses. Those are good places to start but we have to allow
the businesses to really be a lot more creative than just doing the
standard old white sign on a brown background. I think if we can
pursue something like this a little longer we can come up with a new
ordinance that allows that to be done. One of the best cities in the
nation that does that is Carmel in California. The best signage
probably in the nation. The strongest and the best written
performance guideline and really working with a copy of that to try
and get a sense of how they will accomplish that. It's a wonderful
place. I've been there. The signs are great. There are a lot of
overhanging signs and in fact, they try and get more of those to come
about because they've used signage where you don't have any words.
It's pure symbols. The signage manufacturers have started to realize
that the days of the sign with the shoe on it meant shoemaker and it's
still true today. For some reason, all the words you want to write in
the world just doesn't get that point across. This guy makes shoes
and it's corning back. That's the kind of thing we really would like
to be able to work with in the new ordinance.
Ellson: That's what I was more concerned that it would get to that
generic look which I just hate. Like you said, some people have
creativity and this is the way they market their building, their signs
Planning Commission Meeting
March 2, 1988 - Page 13
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are no big deal. I do like the idea of continuity. I don't like the
Hardware Hank sticking out up there and he's the main guy in the
Bloomington strip or something like that. Would one dot be enough?
What if someone is coming in from the other direction? Sometimes
that's the only thing I think of. Like the one on 79th, you've got it
located in two places. Both entrances. Is that usually the way it
would be?
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Jim Lasher: What we did is because this was one district and there
were two entrances to that district, we gave them one on each side.
This is such a large area that we gave one at most logical points
here. The way we see this developing, which mayor may not happen
because we don't have a true site plan yet is, we see a main entrance
to this development off of Market Blvd.. There could in fact be a
curb cut and a full right intersection up in here which we may have to
take another look at that but with what we're working at right now, we
have this development, the bowling alley and the bar which has one
entrance at this point so that's kind of where we started off at. Is
looking at the grade split here and knowing that these two will never
adjoin unless there's a parking ramp/hotel which mayor may not
happen. The rest of these are more of a just get them where we think
people are going to see them upon entry into the district. That's how
we picked it. It's a good point. This one just happens to need two
because it has two main entrances.
Emmings: I think too on that, if that's the only thing that's out
there, instead of having a whole bunch of signs, if just that thing is
out there, it's going to be that much more visible. It's the only
thing there's going to be to look at that's different than a tree.
Headla: I like the concept. I think it's very good. I'd like to see
it applied to all our business districts. The district nodes I like.
I really the question the information we're going to put on the red.
If you've got somebody tooling down TH 5, you don't want them reading
a sign that says businesses here or there. I think you really have
got to stress what street you're on and in your notes you had
something about the City Hall. A couple of civic places but I think
that's all that should be there. People come and they know they've
got to turn on Market Street or whatever, make that be the main focus.
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Conrad: Some good comments. Mine may not be totally in sync with
what you've heard. I totally agree that the individual pylons should
be kept off the street from different companies. There's just no
doubt. I think that's critical. I totally agree with Annette's
comment that individual shops have their own characteristic logo types
or signage or color. Absolute. There's just no reason to standardize
the names because we take something away from the individual
companies. I do like the continuity of the stripe or of some way to
fit the signage in on the store fronts. I think that's smart also.
I'm not convinced of the pylons in front of each shop. To say Retail
West says nothing to me. We're not designing a southdale here. The
one shopping center has a daycare center in it and something else.
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Planning Commission Meeting
March 2, 1988 - Page 14
I'm not sure that we need a pylon to say something that really
doesn't have much meaning to me. If I were a retailer, I'd be more
interested in having my name out there. Very much like what the
Chamber of Commerce has done out on TH 5. That is not an appropriate
place for that type of signage. However, having a pylon in front of a
shopping center to maybe help identify what's in it, may appeal to the
retailers a little bit more. Somebody could possibly make a case two
ways on this one and I'd listen to them. One, we're going to have too
many shops in there and therefore we can't put everybody's name out in
that pylon. I could understand that. Two, if somebody could claim
that Retail West or whatever has some meaning or will ever have
meaning and therefore the kids at home say, dad let's go to Retail
West, then I'll listen to that case but I've got to be real critical
of those. I think those are just things that I'd have to mull over in
my mind. If I were a retailer wanting to move into this community and
I deal with them all the time, the names are key. The signage is key
and we're taking away their pylons. Therefore, we've got to give them
something on the storefronts and we also have to help traffic make
decisions on whether to turn in or whether not to turn in. I think if
there's a sign that says daycare this way out by the streets so I
don't have to be jerking around to look and see, that may be
beneficial. I guess I'd be real interested in pursuing both
alternatives and staff making a recommendation, whichever they feel.
I think we've got to be sensitive to retailers who want to locate out
here. Other comments relating to the big stars there. Whatever we're
calling those things. The entry monuments. I think we were talking
before about the major monument in Chanhassen being moved east so that
people knew they were coming to Chanhassen before they got to
Chanhassen and they just went by it. So that first monument, we're
going to replace the Chamber sign but I think when we talked about the
Chamber sign, we were talking about before saying here it is. Get
ready to turn. That's now what the sign would say but it might say
Welcome to Chanhassen, Home of the Dinner Theater or whatever we're
the home of. But I like the thought of that. I think that's real
important. I also think there should be one on the west side of town
close to CR 17 and TH 5 because if you're coming from the west,
there's a good chance you're not going to loop back into Chan. You're
going to by-pass or else we've got to get them to turn before.
Jim Lasher: That's a good point and maybe that's something we can
pursue in that one of the things that affects all our signage in this
entire corridor is that there will be an additional 50 feet of
right-of-way needed and required for the expansion of TH 5. There's a
lot of stuff on TH 5 right now that's not going to be there when this
road is rebuilt. Some of the pylon signs. Certainly the Chamber sign
is closer than 50 foot back from Kerber right now. I don't know when
that's going to happen but it certainly will at some point. We can
pursue moving say this particular monument down the road as long as we
can start looking at the future plans of this road and find out if
there's any property for us to build on. It's tough up in here as far
as who's land are we building this on. Do we have to get State
Highway approval to build in that right-of-way? The same down in here
Planning Commission Meeting
March 2, 1988 - Page 15
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as well. It's not as critical because the bridge will not be
expanded, at least to my knowledge it's not going to be expanded. So
we probably have the same amount of right-of-way in this area. About
50 foot additional all the way along this side of the road so that's
something we'll have to look at if you want to stretch out down a
little bit and we'll look that way too. Buying land. It just so
happens that now having a little piece that in 5 years the bulldozer
would knock it down.
Conrad: Conceptually, think about what I just said in sort of making
of the announcement that Chanhassen's coming up and I think that's
what we want to do. Not just say it to them when they happen to be
stopped at the stop light but say it to them before they actually get
here so ah yes, maybe we should turn off. That's the idea.
Jim Lasher: Plus with the expanding right turn lane, they're going to
have to make the decision to come up this road probably somewhere back
in here and if they get up in this area they will not be able to
negotiate that turn.
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Conrad: My other comment is on the Highway Business District and I
guess people locate in highway business districts because they are
actually taking people off the highway and are funneling them right
back on and they really don't want to go to Chanhassen to begin with.
Pylons, and I really don't like them but pylons is a real important
function of highway business district useage. If you can't tell
somebody that there's a gas station, the Standard station from 300 to
500 feet away, they're not going to turn so I guess my comments would
be not to apply the same standards to the Highway Business District.
They may be applicable to other districts but a Highway Business
District, for all the clutter, it is essential for them to tell people
that they're there and tell them from a distance away. If there's a
solution to that, I would sure pay attention but I don't think the
average owner would feel there is a solution to that.
Jim Lasher: Barbara, is this district presently split now from
General Business to Highway Business? Isn't there a line?
Dacy: Yes, it follows generally the Market Blvd. alignment and where
the pond would be too.
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Conrad: I'd like standards for those pylons and I think we have some
of those standards in effect right now so we don't have those pylons
150 feet in the air, rotating. I want to control that but I don't
think taking them away is going to serve their needs or our needs and
therefore I'd like to apply the standards in other areas. At least
that's my personal opinion. Anything else?
Headla: I liked your comment about putting it out by CR 17. You're
going to bring in that whole district then.
Planning Commission Meeting
March 2, 1988 - Page 16
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Jim Lasher: Maybe we can just discuss for a minute, we're going to
have business running all the way down to CR 17 now, do you see any
need to expand this concept out of the purer CBD area or do you feel
that this is where it works best and let the rest of this deal with
your signage as it's been dealt with in the past?
Ellson: I would see continuing it. Especially if you have another
small group of the same thing.
Conrad: I think it should be out to where TH 101 intersects, the new
intersection. It should go down to CR 17. I think a sign at CR 17 is
real important or things in that area.
Dacy: Okay, to summarize, the Commission liked the idea of the
district signage and the entry signage but you would like us to look
at a business directory sign option for the district signs and look at
the option of having a little more detail on the types of uses.
Conrad:
I think you should give us a couple alternatives to look at.
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Dacy: Second of all to keep the ability on wall signage for
individual enterprises to have their own unique color scheme and logo
but keep a consistent size sign band or location on the shopping
center. Moving the entry signs farther east and west. The last point
that I heard was, look at eliminating the Business Highway District
restrictions on pylons.
Conrad: That's what I said.
Emmings: That would be the only place you'd be looking at pylon
signs.
Conrad: That's the only place I think they are needed.
Emmings: Let me ask you something else about your notion. On this
one on the right you've got a thing out there that looks like a little
house. A little bird house or something. That's going to say Retail
West on it or whatever it says? When you say look at the business
directory type of alternative, would it be again something in the same
place, one sign that would have the names on it?
Conrad: Right.
Emmings: I guess my point would be this. Wouldn't it be easier for
someone who's in that building to say I'm in Retail West to a customer
who wants to find them?
ElIson: Once you get to know that that's where Retail West is, right.
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Emmings: Or even if they're coming into Chanhassen for the first
time. All I've got to do is find that thing that says Retail West on
it to find the shop. Now if the name of the shop is out there on that
Planning Commission Meeting
March 2, 1988 - Page 17
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sign, they still have to look at the building to find the shop. Is it
easier to just to find something with a general name on it than to
find it in a list of 15 or 20 names or however many there may be? It
might be kind of a nice idea to just be able to identify yourself to
an area of town and then they can find the shop because even if the
person's name is out there on the curb, unless it's right in front of
their store, they still have to scan the whole building to find the
daycare or whatever it may be.
Conrad: I'd like to agree because it would be a nice way of doing it.
Emmings: I think it I s kind of a novel idea.
ElIson: What about the drop-ins that were going by and say, oh there
is a Hardware Hank there. I guess lId go pick up whatever, the
impulse type buyers and realize that because there's a drug store
there then I will go to get something versus 1111 look it up in the
Yellow Pages and then try to find that person.
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Conrad: Practically speaking, it breaks down. If a third of our
traffic is from the Dinner Theater or whatever it is, Retail West
doesn't mean anything because they're not reading any ads. A sign
that says Hardware Hank has meaning so from a retailers standpoint,
they're not going to be wild about this and our retailers right now
are not real energetic advertising wise and I don't see them changing
that posture a great deal and spending money saying we're over here.
That's nothing that you really want to say. You really don't want to
tell people where you Ire located. You want to tell them what's
beneficial about their product. Not where they're located. That's
sort of a boring scenario of advertising.
Emmings: Could this allow them to have a group identity that will
allow them to share advertising? Could they advertise as a group?
ElIson: Absolutely. A booklet of Retail West coupons for example...
Conrad:
I agree with that Steve. It could.
Ernrnings: Maybe if you set it up that way, maybe they'll use it that
way.
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Jim Lasher: I think the easiest way to solve this is to do a design
of two or three different scenarios and take one and put a simple
Retail West. I think there will be about eight separate stores in
here or at least from the original plan that's what I recall, about
eight, and see what size lettering you could get. Where we could put
the signs. Would they be legible from the street and just see if it
makes sense. We can tell this just from a scale drawing and that
should answer all our questions.
Conrad: The other practical thing though is, I think on eight you can
but there's going to be other parts of town where they're going to be
Planning Commission Meeting
March 2, 1988 - Page 18
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15 and it breaks down. We can't do 15 there.
Jim Lasher: The comments about becoming a part of the whole is real
important in retail. That is when you're in Southdale, you're in
Southdale and you don't tell people you're on France Avenue. I'm in
Southdale and you like to be known as a part of the larger entity so
that's where this makes sense but from a pure small retailer, the only
thing that makes sense to them is that people know where their
business is. So we're really working with two diametrically opposed
type of systems. It would be great if they would advertise and become
excited about their district or whatever name you end up having. That
would be a wonderful scenario.
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Dacy: Just one more note on process. We had thought, depending on
your reaction tonight which appears to be favorable, that we would go
to the City Council also and present this and if a favorable action
there, then we would have some type of informational meeting with the
Chamber or the property owners to make them aware that this is a
process that is being considered by the City and they become a part of
the process. I think you all have a sense for how controversial this
can grow into. As a part of that, we had been talking about doing
some slides and doctoring some of the slides to take an existing
picture of free standing buildings and pylons and airbrush those out
and placing in a proposed sign. Would you like to see that type of
presentation before we go to the property owners? We want to make
sure that the Commission feels comfortable with what we're about to
head into. We can do a lot of neat things graphically to help portray
the pros and cons of these issues.
Conrad: You will come back and show us some alternatives so we'll
have another chance to take a look at this. Really what you're
asking, after that it's a matter of selling the Chamber of Commerce in
my mind and the local businesses and I know where their minds are.
They're not going to be real wild about restricting signage and
therefore to sell is really what has to be done. Typically you can
sell them on the fact that they're not spending 10,000.00 to
$20,000.00 on a pylon. That's what a pylon sign costs. If you can
say that the competition is not going to be getting a jump on you,
that you're going to be the equal of, you can save them money. What
I'm saying is you need a way to go to the Chamber and talk to them
about the benefits. If that means airbrushing and showing pretty
pictures or whatever is necessary, I think you have to do that but I
think facts are as important as picture. I think you have to echo
some of the ways that it's not taking away but adding to.
Emmings: Could you get pictures of this example in Carmel that you've
seen?
tit
Jim Lasher: I know I can get a copy of their document and I have a
friend who works in Los Angeles that I may be able to coerce into
driving down there some afternoon and just taking a bunch of photos.
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Planning Commission Meeting
March 2, 1988 - Page 19
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Emmings: I think showing an example of where this has been done well
and where it's worked...
Ellson:
Is a real good sales tool.
Conrad: I don't know that Carmel is the area we want to use. Some
non-descript place...
MISCELLANEOUS ZONING ORDINANCE AMENDMENT ISSUES.
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Dacy: Metal Buildings. We found, I think an excellent example from
the City of Lakeville that I thought really summarized the
Commission's intent on the metal building issue and I included that so
at minimum we're recommending that the ordinance be amended to state
as printed there under (a). Then second of all, I am proposing to the
Commission whether or not they want to go a step farther and adopt (b)
and (c) as a part of the Lakeville ordinance. (b) is just a general
statement which I think can be included. (c) gets a little more
detailed as far as the type of materials. That has some pros and
cons. With a list of items you're really saying what you want to see.
The con is, if something different comes along then it's not a part of
the list. I think at minimum, (a) gets at what the Commission had
intended to do in the first place.
Headla: what are you saying in (a)? Unfinished steel? So if I paint
it then it's permissible?
Dacy: I think the key here is the galvanized steel or the aluminum.
That type of construction, it's synomous with the term polebarn.
Headla: I can put up a polebarn by this because that's baked on
enamel paint and that's finished steel.
Dacy: No, it says no galvanized or unfinished steel, galvanized or
unfinished aluminum buildings.
Headla: But baked enamel is finished steel. Baked enamel on your
sheet metal, that's finished steel isn't it?
Emmings: If I had that same corregated metal that you put on a
polebarn with a baked on paint finish, I've seen it.
Dacy: When I spoke to the building inspector, he said that the term
galvanized is what we want to prohibit because that's the material
that polebarns are made out of.
Headla: No, they aren't. I've got a couple. I take it back. One of
my polebarns is galvanized. The other one is baked enamel.
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Dacy: Maybe then what we need to do to solve your concern is add some
language saying that you just don't want a galvanized building
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Planning Commission Meeting
March 2, 1988 - Page 20
painted.
Headla: Sheet metal I guess is what we're really against.
Dacy: Okay we can add the sheet metal.
Emmings: I guess I was going to suggest that we add a second sentence
to what you have there that just said, our intent is to avoid the type
of construction commonly used in polebarns. Just come right out and
say it. Why fool around? As a second sentence to kind of cover the
guy who comes in who's just going to slither around this by putting
paint on steel or something like that. Just say that our intent is to
avoid the type of construction commonly used in polebarns.
Headla: Does that mean we can't use wood beams now?
Emmings: I don't know. Dave, you can go on like this all night. We
really can.
Headla: We want it to do the job though.
Emmings: Try and make an intent statement that will be broader than
this specific statement. So we tell people the reason we've got this
is, we want to avoid polebarn type structures. That is what we're
doing here and that is our objective to avoid polebarns being erected
here.
Headla: I thought we were against sheet metal surface fronts.
Emmings: No, I don't think so. I think the last time we kicked it
around we said, there may well be uses of metal buildings such as
aluminum siding that looks like wood siding. No one would object to
that I don't think. Like you use on a house. Just regular lap siding
that's made out of a finished aluminum or steel and no one objects to
that. What we're trying to get rid of is polebarns.
Dacy: Right, and some can be vinyl coated into a different series...
Emmings: It's a hard thing to get a handle on and I think what we
wanted to do was do something that would eliminate the polebarn type
structure and then see where we go to refine it from there. Right now
we don't have a restriction on that.
Conrad: Do you agree?
Headla: To what?
ElIson: To his addendum.
Headla: I don't think we solved it yet. You've got some good points
and it's probably a lot more nebulous as we talk back and forth on and
how do we really do that.
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Planning Commission Meeting
March 2, 1988 - Page 21
Dacy: If there's anyway that I can reassure you. We went to building
inspectors and in-house, we reviewed this ordinance and reviewed this
language and we felt quite comfortable with this is enforceable in the
commercial districts. This prevents polebarns but yet it will allow
metal construction with a vinyl coating or a nice appearance.
Headla: How would you prevent a polebarn with baked enamel paint?
Dacy: I guess I'm going to have to claim a little ignorance on the
baked enamel.
Headla:
If you can get around that, I like the wording.
Dacy: So what you're after is some type of language that eliminates
pole barn construction that's painted. Is that what you're saying? I
still unclear as to what you want.
Conrad: If you changed the words. If no galvanized, if you put
material right after galvanized, would that solve the problem of how
that material may be painted? If you said no galvanized material?
Does that take us out of how the galvanized steel is treated?
Emmings: You don't galvanize anything but metal do you?
Conrad: Right.
Headla: It's a little more selective than that.
Emmings: Is steel the only thing that can be galvanized?
Headla: Yes. I like what you got worded here but I keep coming back,
what's going to prohibit a polebarn like mine because I've got
finished steel and we don't want that sheet metal construction.
Emmings: But Dave, what's wrong with just saying our intent is to
avoid polebarn construction.
Ellson: Then when a guy comes forward with a plan that's blatantly a
polebarn you say, didn't you know the intent was against this?
Conrad:
to do.
I think that sentence makes it very clear what we're trying
Headla: Alright. I don't have a better suggestion.
Ellson: He'd be pretty bold to come forward after reading what the
intent is and then try to come in with a loophole like that.
Conrad: Let's take a look at the section (b) on the opposite page
there from Lakeville. Buildings in all zoning districts shall
maintain a high standard of architectural and aesthetic compatibility
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Planning Commission Meeting
March 2, 1988 - Page 22
with surrounding properties to insure that they will not adversely
impact the property values. Do we want that in?
Emmings: It's so general it's almost meaningless.
ElIson: Things like high standard of archituect, whose standard is
that being based on?
Emmings: Again, it's one of those catch-all intent type statement
that in the case where you've got something really horrible going on
that fits, you might be able to lean on this. It might be good to
have.
Dacy: What you're suggesting is put it in a preface or an intent
statement before the specific rules?
Emmings: It could be in all districts. This could be true of any
building in town and yes, I think having a catch-all like that, you
might ask the City Attorney if having something like would ever be
anything we could rely on. If it fit our code in every other way but
was something that was just awful, could we use this to deny
something? I really doubt it.
ElIson: Someone might be able to prove that it impacted their
property value but it would still be hard if it hasn't gone up yet.
Conrad: Item (c), do we want to dictate?
ElIson: I don't think so. I think that's real limiting. I think
what we're really trying to get away from is that ugly looking metal
and I think there's a lot more than 8 things that might even be able
to be done. Like you said something new coming out that's going to
limit that.
Emmings: I crossed it out too.
Headla: I guess I don't have any comment on it.
Conrad: I had to eliminate it. Barbara, what would you like us to do
with this item tonight?
Dacy: If you feel comfortable on recommending approval, we would
correct it as you have instructed and then it would go to the City
Council. If you want to see it back again, that's fine also.
Conrad: I think we could send it along.
Emmings moved, ElIson seconded that the Planning Commission recommend
approval of Section 20-902 Building Construction in Business, Office
and Institutional, and Industrial Office Park Districts.
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Planning Commission Meeting
March 2, 1988 - Page 23
(a) No galvanized or unfinished steel, galvanized or unfinished
aluminum buildings (walls or roofs) shall be permitted in the
Business, Office and Institutional, and Industrial Office Park
Districts. The intent of this section is to avoid the type of
construction and materials commonly used in polebarns.
(b) Buildings in all zoning districts shall maintain a high standard
of architectural and aesthetic compatibility with surrounding
properties to insure that they will not adversely impact the
property values of the abutting properties or adversely impact the
community's public health, safety and general welfare.
All voted in favor and motion carried.
SECTION 20-915, ANTENNAS, SATELLITE DISHES AND AMATEUR RADIO TOWERS.
Olsen: We went through the whole thing and hopefully came up with
something that solved everything. The first thing we did was state
that Satellite Dishes, Television Antenna and the Ground Mounted
Vertical Antenna shall be permitted accessory uses within all zone
districts. What we did was specificty each of the different types.
Before it just said satellite dishes and antennas. With all this now
we've differentiated between towers and satellite dishes and antennas.
We stated that they were permitted as accessory uses. Amateur radio
towers were a conditional use permits. We stated that with last use,
wanted that only one of them be permitted per lot. A satellite dish,
amateur radio tower or a ground mounted vertical antenna. This was
taken from the old ordinance saying that a satellite dish shall not
exceed 15 feet. Number 5 went through the ground mounted satellite
dish, amateur radio tower or ground mounted vertical antenna shall be
located within the front yard setback and sideyard setback. So again,
we're just pointing out each of the specific one so it's clear.
Number 6 went through that they shall be set back an equivalent
distance to the height of the dish, tower, or antenna. That was
pretty much taken from the old ordinance. Then we added the next
sentence because as we found with Jim Tyson's request was that he had
his tower attached to the house to where it would only fall down a
certain distance. We tried to come up with a sentence that explained
if a tower was going to be attached to the building and only 20 would
fall down, then it could be only 20 feet away from the property line
if in fact the tower was actually 40 feet. Number 7 is just from the
other ordinance. It stays the same. 8 is the same. 9 is the same.
Then we came up with definitions for an antenna which is just a system
of wires that receives and transmit. Communication and transimission
tower and then amateur radio tower which is what the antennas are on.
Then a ground mounted verical antenna.
Headla: I think that's a real improvement over what we had before.
Planning Commission Meeting
March 2, 1988 - Page 24
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Ellson: I thought that one part in 6 was really rough but I can see
how it was hard to write. I can picture what you're doing. Only the
part that's not attached to the building. You mean the extended part
but I just thought it was kind of rough to read and I didn't know if
that could be rewritten. The portion of the tower is fastened or
secured to a building, then the only portion which is not attached to
the building will be used to determined the setback. I don't know.
I could live with it because I know what you're talking about but
I just thought it was on the rough side. But believe me, I agree. I
read this thing and boy, I know this was a lot of work. Does it
bother any of you guys? I'll live with it if you guys thing it's good
enough.
Conrad: I know what it means.
Olsen: We were definitely going to still work on that and confer with
the City Attorney on how they wanted that written. They can always
come up with something. We definitely understand that that's kind of
rough.
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Headla moved, Ellson seconded that the Planning Commission recommend
approval of Section 20-915 for Antennas, Satellite Dishes and Amateur
Radio Towers.
1. Satellite dishes, television antennas and ground mounted vertical
antennas shall be permitted accessory uses within all zoning
districts.
2. Amateur radio towers shall receive a conditional use permit in all
districts prior to installation.
3. In all residential districts, only one of the following are
permitted per lot:
a) Satellite Dish
b) Amateur radio tower
c) Ground mounted vertical antenna
4. A ground mounted satellite dish shall not exceed fifteen (15) feet
in height above ground level.
5. No ground mounted satellite dish, amateur radio tower or ground
mounted vertical antenna shall be located within the required
front yard setback or side yard setback.
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6. Ground mounted satellite dish, amateur radio tower or ground
mounted vertical antennas shall be setback from all adjoining lots
a distance equivalent to the height of the dish, tower or antenna.
If a portion of the tower or antenna is collapsible or securely
fastened to a building, only the portion which can fall will be
used to determine the setback from property lines. Location shall
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Planning Commission Meeting
March 2, 1988 - Page 25
not adversely obstruct views from adjacent property.
7. A building permit shall be required for the installation of any
satellite dish, amateur radio tower or ground mounted vertical
antenna. Building permit applications shall require the
submission of a site plan and stuctural components. When a
satellite dish or radio antenna is located on the roof of a
building, the applicant shall furnish the City Building Official
with building plans and structural components displaying the means
of securing it to the building. The Building Official must
approve the building plans before installation.
8. Each satellite dish, amateur radio tower and ground mounted
vertical antenna shall be grounded to protect against natural
lightning strikes in conformance with the National Electrical Code
as adopted and amended by the City.
9. Satellite dish, amateur radio tower and ground mounted vertical
antenna, electrical equipment and connections shall be designed
and installed in adherence to the National Electrical Code as
adopted and amended by the City.
All voted in favor and motion carried.
Headla moved, Ellson seconded that the Planning Commission recommend
approval of the following definitions to be added to Section 20-1,
Definitions:
Antenna - A system of wires, poles, rods, reflecting discs, or
similar devices used for the transmission or reception of
electromagnetic waves, which system is internal to or attached to
the exterior of any building or tower.
Communication Transmission Tower - The structure on which
transmitting or receiving antennas are located which are used for
commercial transmissions, including but not limited to radio
stations and dispatch systems.
Amateur Radio Tower - The structure on which transmitting or
receiving antennas are located which are used for non-commercial
transmission.
Ground Mounted vertical Antennas - An individual vertical antenna
which is mounted in the ground.
All voted in favor and motion carried.
Planning Commission Meeting
March 2, 1988 - Page 26
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SECTION 20-904, ACCESSORY STRUCTURES.
Olsen: What we're proposing to do now is, number 1 just states that
no detached garage or storage building in any district shall be
located in the required front and sideyard. Number 2 would
essentially be for RSF and R-4 districts where it would say, In RSF
and R-4 districts detached garages...and then add the remainder of
this where it was talking specifically about RSF and R-4 with the
1,000 square foot and maximum of 30% of the rearyard and put that as a
paragraph under 2. Then make number 3 as another section under number
2 because this will be pertaining to the RSF and R-4 districts.
Number 4 then is also for the maximum height will be applied to the
RSF and R-4 district. If you feel that you want these also for the
other districts, we can also add that under number 3 that we added for
multiple family commercial, industrial districts stating that they
shall have a rearyard setback of 10 feet. Essentially we've got one
as a condition for all districts. Two would be RSF and R-4. Three
would be multiple family, commercial and industrial districts. Then
we tried to further define a tennis court and swimming pool, where
they can be located and where they can not. When you look at the
ordinance now they are considered an accessory use but then you use
the accessory structure setback so we came up with specific
requirements for those. (c) is the same.
e Conrad: What did we decide? City Council didn't like the 1,000 foot
building right?
Olsen: They wanted different setbacks and Bill is here to be sure.
Emmings: That's been incorporated already.
Olsen: Right.
Conrad: They literally said in either point 1 or 2, they did not want
a garage or a building as large as 1,000 feet. Not that I agree with
them but that was what they said.
Dacy: They did talk about 800.
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Conrad: What are you thinking Bill? Let me give you our logic,
I think when we went through it a month or two ago. Tom didn't call
on me for our logic during our meetings so I'll share it with you. We
really took a look at what it would take for a 3 car garage and also
what it would take to have a little shop in there and then Steve added
a 10% fudge factor or something and we came up with 1,000 feet. We
basically looked at garage stalls to be a key there. I think 800 feet
probably would work too. I don't know if there's a great deal of
difference between 800 feet and 1,000 feet in our mind but when
I heard City Council talking, I heard numbers that were significantly
lower than the 1,000. Bill, do you have any comments? Anything to
guide us on this thing based on what you heard?
Planning Commission Meeting
March 2, 1988 - Page 27
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Councilman Boyt: I remember saying at the meeting, when we first
discussed this and I think what I could live with is if the out
building was never to be larger than the main structure. In a sense
that we don't require a house, the minimum house size is less than
1,000 square feet. I'd like some means of avoiding the situation
where a person has a 850 square foot house and 1,000 foot outbuilding
15 feet from the lot line. I have a really serious problem and will
probably vote against this if we come up with 1,000 square foot
building and put it closer to our rear lot line than we now allow a
850 square foot house to be. I think that's inappropriate.
Headla: What about a little Sears sheet metal utility shed?
Emmings: That's under 200.
Conrad: That's under 200 so there's no problem with that.
Emmings: That's why we put that in there was that concern for that.
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Councilman Boyt: If I might just comment one more thing about that
item, when I think of a single car garage, which is what I had
envisioned about 200 square feet to be, and see that 5 feet from a
back lot line, I get nervous about that too. What I see as an out
building is something where a person can store a lawn mower or a few
tools and I know staff was going to check into what a typical size of
an outbuilding is. What is a typical size of an outbuilding?
Olsen: It's always an 8 x 10, 10 x 10, 10 x 12 and he said up to 200.
Then I always checked around with other cities and 200 was the cut-off
point for their small buildings and 1,000 was the typical maximum.
Dacy: That's in the Building Code too. The 1,000.
Councilman Boyt: That the 1,000 is a maximum?
Dacy: For a garage. Tim Erhart had come up with 1,000 for a 3 car
garage also.
Olsen: We first had 800.
Dacy: Then Tim came up with 1,000.
Councilman Boyt:
I'm really here to listen so take it away.
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Dacy: That's the concern about the accessory building be larger than
the principle building. I think that goes right in with (c) and is a
logical extension of that as far as when an accessory building is
constructed. I think that's easily accomodated if the Commission
wants to pursue that. The only exclusion to that would be if you were
in an A-2 area and your barn would be obviously larger than your home
but that can be excluded.
Planning Commission Meeting
March 2, 1988 - Page 28
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Conrad: The districts that 2 applies to, RSF and R-4.
Emmings: Tim wants to expand that in his letter to RR-l and A-2 if
they're 5 acres or less.
Headla: And I think we'll want to make that 10.
Conrad: I agree with Tim in those larger lots that we're allowing
that are residential in nature. I agree. I think we should.
Emmings: I think the record should reflect that we all think Tim
makes much more sense when he's not here than when he is.
Conrad: He's much more agreeable.
Headla: Which point are we going to discuss here? We've got
different ones. If we're going to talk about Tim's memo, I don't
think it should be 5 acres. I think it should be 10. Look on the
west side of Minnewashta, you can put up an awful big building there
and it just doesn't fit into the area. I'd be affected by it but I
really thing that's for the good of Chanhassen, that's the way it
should be.
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Conrad: Is there any logic we can use? I hear what you're saying. I
think the 5 acres...
Dacy: I think the 5 acres, all the Hesse Farm lots are approximately
5 acres and all the cluster subdivisions are below that. If you would
raise it to 10, it would probably include some of the other separately
described sporatic parcels throughout the city.
Headla: So we'd knock all but one out in our area.
Dacy: Your area is zoned RSF so you're going to fall under the
maximum of 1,000.
Headla: Even though I've got 10 acres?
Dacy: Right. What we're proposing to do is regulate it by zoning
district. Tim's concern is out in the rural area. Your zoned RSF.
You have 10 acres. You have a maximum of 1,000 square feet.
Headla: That accomplishes what I wanted.
Emmings: It's funny about 5 acres, it just kind of feels right but I
don't really know why.
Conrad: It feels right but I didn't have a good logic. I didn't like
the 10 but I do like the 5.
4It Emmings: I'm wondering why in the old number 3, now it's assumed
under 2, it says detached garages but storage buildings is left out of
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Planning Commission Meeting
March 2, 1988 - Page 29
there.
Is there a reason for that?
Dacy: Yes. Our concern was that we had a difficult time trying to
enforce that condition on, for example 120 square foot Sears building
or one of those. When we talked to Tim more about it, he said that
was his main intent also, was to make sure that the garages at least
looked the same as the house then.
Emmings: How about saying detached garages and storage buildings over
200 square feet~ Because if they're going to build a bigger building,
wouldn't we want them to be?
Olsen: A lot of times those are still polebarns.
Emmings: Can they build polebarns in the RSF?
Dacy: Yes.
Olsen: But when it's a garage...
Dacy: You do need the thicker walls obviously but Building Code
purposes.
Emmings: The other thing I've got is, number 1 says no detached
garages or storage buildings in any residential district shall be
located in the required front or side yard. Down under tennis courts
and swimming pools, you've put in some special language for riparian
lots. Again, not I'm getting kind of worried about my own situation
here a little bit but it does come to mind. This would prevent me
from building a garage on the side of my house away from the lake
without a variance, would it not? What is my rearyard?
Dacy: The lakeside.
Olsen: So you have a 75 foot setback for any structure.
Emmings: Yes, but my front yard is away from the lake and you're
saying I can't build a garage back there when the road is back there,
my car comes in there. I've got to put my garage now...
Headla:
It's the old story, which is your front yard.
Dacy: The ordinance defines the front yard as that part that abuts the
street. Your case, because you're on a private easement.
Olsen: You still have to be 30 feet back and that's the front yard.
You could still, if you house was 50 feet back, you could still have
your garage in the front.
Dacy: Are you calling your lakeside your front?
Emmings:
I'm asking.
Planning Commission Meeting
March 2, 1988 - Page 30
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Dacy: The ordinance defines the lakeside as a rear but it can't be as
close as 75 feet. Between 75 feet and your house you could have a
garage.
Emmings: This says I can't build a detached garage in the front and
my front is by the street but that is where I would logically build my
garage.
Olsen: You can't have it within the setback of the front.
Emmings: What you're saying is I've got to get a variance.
Dacy: If you want to build a garage in the front yard, you'll need a
variance.
Emmings: But why should we make that necessary on riparian lots?
Ellson: How many people will that affect?
Conrad: Quite a few.
Emmings: Everybody who lives on a lake.
4It Dacy: Especially in the older platted areas.
Headla: We talked about this before. We still don't have a
definition of a front yard and you were going to go back and look at
that for me.
Dacy: The ordinance defines front yard as that part of the lot that
abuts the public street.
Headla: But that's not good enough. YOu've got double frontage lots.
You've got lakes.
Dacy: We define a double frontage lot also.
Emmings: My point is this, you've gone to the trouble down for tennis
courts and swimming pools of distinguishing what you do with riparian
lots and why not do the same thing for garages and storage buildings?
Dacy: That's fine.
Olsen: On riparian lots?
Emmings: Yes.
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Olsen: The Shoreland Ordinance prohibits that within 75 feet. Is
that what you're talking about?
Emmings: No it's not.
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Planning Commission Meeting
March 2, 1988 - page 31
Dacy: All we'd be doing is repeating what the Shoreland Ordinance
says.
Emmings: All I want to say is something like, on a riparian lot they
shouldn't be allowed in the rearyard.
Dacy: Your intent is to prevent the ability of somebody to construct
some type of storage building between the principle structure and the
lake?
Emmings: And to allow it in the front yard in that situation.
Ellson: You don't want a Sears thing in the back that has life
jackets in it and things like that?
Conrad: We don't need a lot of variances coming in here with people
who live on lakes and 20% of the people in Chanhassen live on lakes.
Emmings: I've probably got 250 feet down to the lake from my house.
I don't have any trouble getting back 75 feet. Not that I would ever
build a building there. No one in their right mind would but why
can't I just get a permit to build it in my front yard in that
situation? Why do I have to get a variance?
Dacy: Let me explain this. The intent to permit an accessory
structures in the front and side yard is, in the case of the sideyard
to not block and access between two lots. The front yard is to
maintain a safe distance between the public right-of-way and any type
of structure for safety reasons. Like in your area along Horseshoe
Curve or the Red Cedar Point area, there are a lot of those older
garages that are right on top of the road. I think everybody knows
that that's not the best safety type of situation also so this
accessory buildings not being able to be located in the front yard,
that's a typical requirement in most ordinances. Maybe it should be
looked at through a variance procedure in some special cases because I
think to allow it outright may be creating more problems than it's
worth.
Emmings: Just think for a minute. If we allowed it on a riparian
lot, when they come in for the permit they're going to have to meet
all the setbacks. If you allow it in the front yard on a riparian lot,
you're not going to run into the Red Cedar Point type of situation.
Conrad: Steve, why don't we table this? There are a lot of things
here and I guess I'd like to have staff come and bring it back next
time that we meet and work in these considerations and just think
about it a little bit more in terms of riparian and that kind of
stuff.
Emmings: I think we all kind of like, can even speak about Tim's, but
the rest of us seem to think that Tim had some good things that could
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Planning Commission Meeting
March 2, 1988 - Page 32
be incorporated too.
Dacy: I understand he won't be able to make the meeting on the 16th
either.
Headla: I don't think we want outbuildings on the lakeside allowable.
Dacy: We'll bring it back.
Headla moved, Emmings seconded to table action on Section 20-904,
Accessory Structures. All voted in favor and motion carried.
REVIEW PROPOSED STATE ENABLING LEGISLATION.
Dacy: If I could just bring you up-to-date where it is with the
legislature. It is in committee from what I understand now and
various communities have been testifying pros and cons on many of
these issues. My main intent of bringing this to your attention is so
that you're aware of this proposed law because it does have in some
instances, very significant implications on how planning commissions
will be operating in the future. Minnesota I think is unique in
taking this approach of looking at it's enabling legislation and doing
a complete revamp. Looking at other laws like the Metropolitan Land
Use Planning Act and looking at how cities relate functionally with
counties, etc.. For example, if you noted on page 30 for conditional
uses, I'll just bring the example to your attention. Something that's
easily identifiable. All the language that's underlined is what is
being proposed. What is being proposed is that the planning
commission is getting a little more authority on conditional use
permits. What it's saying is that the City Council has to consider
that Planning Commission's recommendation and over two-thirds of the
Council must abide by the Planning Commission's recommendation or by a
two-thirds vote override that. So for example, that is different than
what was law up until this time. Another issue in here, this doesn't
affect the planning commission necessarily but the composition of the
Board of Adjustment and Appeals. What's being proposed is that
councilmembers are not going to be permitted to sit on the Board of
Adjustments and Appeals. That is current practice in Chanhassen so
that takes a different approach. There are other larger issues that
we could go on and on about as far as consistency between
comprehensive plans and zoning ordinances and so on, but again, my
main intent was to get you familiar with this so you understand that
this has direct impact on how you decide issues and what you can and
what you can't do. If you would like, I could have Roger Knutson come
in and highlight the chances a little bit more. Because on why they
did this or why they did that, I'm not up to speed on. I don't know
the history or the rational but Roger could give that.
Headla: One point I'd like him to comment on is Chanhassen going to
have liability on us then like they cover the Council? Right now they
Planning Commission Meeting
March 2, 1988 - Page 33
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don't carry liability on our decision making because all we do is make
recommendations.
Dacy: I don't think this law, at least I didn't see in here anything
on that type of issue but I ask.
Headla: On page 30, the Council has to have two-thirds to override
us, isn't that giving us some clout and if we have that clout, doesn't
that potentially make us liable?
Dacy: We do have employees and some commission and the Council
members do have insurance. I don't think this makes you any more open
to that but I can ask Roger.
Headla: I thought we were not covered because we only make
recommendations.
Emmings: I think that's basically right. I don't think we're sueable
as people that don't make final recommendations and I don't think that
this would change that because the City Council would still be making
the final decision whether it's to go with what we said or to change
it.
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Headla: Even though it would take two-thirds?
Emmings: Yes, but weld want to find out about that. We want to make
sure that Roger agrees with that. I was interested in this notion of
impact fees and 11m totally unfamiliar with what it was. I read the
little bit in here on it. It sounded kind of interesting. Could you
tell me in 25 words or less what it is?
Dacy: It's synonomous with the ability to charge park dedication
fees. Impact fees would enable the community to charge a specific fee
for transportation improvements which has been a popular mode in the
recent past.
Emmings: Sewer improvements?
Dacy: Right. Storm sewer. Drainage improvements.
Emmings: That sounds terrific.
Headla: How about fire engines?
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Dacy: That can be classified under a general generic term of
community facility or public services. It gives the City the ability
to charge an impact fee based on a broader area. For example, maybe
to use a comparison with the park dedication fee, you're identifying
what the park needs are for that subdivision. Impact fees, the city
has supposedly gone through an analysis of what it needs for
transportation, fire services, police services, etc.. This law gives
the communities the ability to do that.
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Planning Commission Meeting
March 2, 1988 - page 34
Emmings: We can't now?
Dacy: Right. The only mechanism that you could probably use to do
that would be to somehow negotiate with your PUD agreement or
something. But even there it's kind of shakey.
Emmings moved, Ellson seconded to adjourn the meeting. All voted in
favor and motion carried. The meeting was adjourned at 9:45 p.m..
Submitted by Barbara Dacy
City Planner
Prepared by Nann Opheim