Letter to Mark & Christine Fischer 12-15-06
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
WW'/I.ci .chan hassen.m n.us
December 15, 2006
Mark and Christine Fischer
2407 Bridle Creek Trail
Chanhassen, MN 55317
Re: Waytek Building - Planning Case 06-27
Dear Mr. & Mrs. Fischer:
I am writing in response to your memorandum of December 4, 2006 regarding the
above-referenced project.
Berming
As part of the original proposal for the development, the developer agreed to work
to maximize the screening of the property through the use of berming. In
submitting the site plan for the Waytek Building, the grading plan proposed a
berm with an elevation of 972. As part of the review and after meeting with
neighbors, the developer revised the plan to provide a berm with an undulating
height elevation of 974 to 976. Ultimately, the developer's grading contractor
was able to increase the height of the berm to an elevation of 979 to 980.
Additionally, the berm was extended to the west into Outlot C. Through the
extension of the retaining wall at the northeast comer of the building, the berm
was extended to the east to cover a portion of the parking lot area. However, the
City and the property owner to the east were adamant that the existing trees in the
northeast comer of the site be preserved, thus limiting the extent of the berming in
this area.
As can be seen from the foregoing, it is not possible to accede to your request to
extend the berm any farther. The berming at the northeast comer of the building
is limited by the City requirement that the mature stand of trees in the northeast
comer of the site be preserved. The use of Techy Arborvotae (White Cedar) are
suitable trees for screening and grow to a height of 15 feet.
Building Material
The building material for the project was one of the materials permitted as part of
the Planned Unit Development. Through the incorporation of exposed aggregate,
the color is added which is more natural in appearance.
The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, w!nding trails, and beautiful parks. A great place to live, work, and play.
Mark and Christine Fischer
December 15,2006
Page 2
Storm Drain
Eden Trace stated that they would not be opposed to you extending the storm drain to your
property line, ending with an inlet pipe on their property. They would alter their site grading to
direct any runoff from their site to this extended pipe location. However, they did not agree to
do any work on your property. As to your request to have Eden Trace extend the pipe for you
on your property, that is not within the purview of the City to require the developer to undertake.
Landscaping
Site landscaping has not been completed for the project. Staff will enforce the approved
landscaping plans and requirements of the site plan agreement. However, landscaping
installation will have to wait until spring. If Eden Trace promised additional landscaping, they
are free to install it. The City is not a party to these separate agreements.
The project is under construction so all the screening and site improvements have not been
installed. The City will continue to monitor the development to assure that everything that was
approved shall be completed. If you have any questions or need additional information, please
contact me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us.
Si;:;1.-~.e._J~I.. '
/' , 1 _ 1___ )\
.~_/ . ~-/~~
Robert Generous, AICP
Senior Planner
ec: Mayor and City Council
Kate Aanenson, Community Development Director
Todd Gerhardt, City Manager
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Memorandum
DATE:
December 4, 2006
TO:
Mayor, City Council Members, City Staff
FR:
Christine and Mark Fischer
RE:
Lies and Broken Promises
As the homeowner of Lot 2 in the Trotters Ridge development, which is directly adjacent to the North
side of the Chan West Business Park, I am writing to urge City Council and City Staff to turn to your
colleague Mark Undestad and insist that he carry through on at least two of the promises he and his
business partner made to us over the past year.
My husband and I have learned many civic lessons throughout the course of meetings related to this
development. One of which is the extent to which City Council members have a very important
responsibility in advocating for city growth and development in a fiscally responsible manner that meets
code and that makes sense to most residents. I was sad to also learn, however, that this often does not
mean advocating for individual homeowners.
~
~.~ J1
V'"^
Many times over the past year my husband and I heard City Council members praise and congratulate
Eden Trace on their efforts to work with residents of our neighborhood to come to terms that work for all
parties as the new Chan West Business Park was in the planning phases. As we now are faced with the
reality of the development, I'd like to share with you the many lies and broken promises that we've been
subject to. ~(~ ft"~ 4t" Cf'7L
1. The Promise: During Planning Commission and City Council meetings, we begged to be given
the courtesy of having setbacks established at 150 vs 100 feet. Because 100 feet "meets code",
our request was ignored and plans for a 100 foot long, 30 foot high wall very near our property
line went forward. Ben Merriman, however, did offer that the proposed building could be built
into the berm, therefore allowing more ground for planting trees and other screening. We felt
~s to be ~;6fc.:Pt~~~ompr:mi~-h.J ~ lJ- q '7 q _ qgo v-Je..W~
The ~alitY: We realized as huge walls with large doors in them were being place in our back
yard that the building would not be built into the berm. In a meeting with Mark Undestad, he
claimed it was not feasible to do so. Of course, in hindsight, we now know that we were na"ive
and that Eden Trace knew all along a proposal to build the building into the berm would not be
feasible.
2. The Promise: City Council members instructed that the buildings should be built of "natural"
looking materials.
The Reality: Beautiful brick buildings have been constructed in other parts of this development.
We, however, are subject to an expanse of what I can only describe as "corrugated concrete". It;sA
ugl~~~o~~inl~~ative impact on our property value. ~ ~~-I
3. The Promise: In a conversation with Ben Merriman as I was pressuring for additional
concessions and relief from the harsh transition from our home to the business park, he offered
that Eden Trace could run the storm drain that exists in our yard into the business park. He also
offered to "level off' the small hill along the lot line of our yard. We appreciated this offer as
my children and neighbor children have fallen into the storm drain several times and have
Page 1 of 3
been hurt. City Staff indicated this was a feasible option. We considered it a promise from the
developer.
The Reality: As the berm was built, no action was taken on the drain in our }Card. Near
completion of the berm my husband met with Mark Undestad and inquired about the status of the
extension of the storm drain. Mark's response was "Yeah, we were unable to do that". We
received no communication from them that plans had changed. L-Obviously this wtfls yet as other i ~
a series of ~mpty promises to eet us t'6 shut up. ~~_ - ~~ -r-e,( ~,r;~~ ' ~
M~ rfi-'to ~. :w.. Vc:r~ I~ ~~ ~T~~~ ~
4. The Promise: When the request for a 150 foot setback was denied, we set to work on making ...r,s. 4
clear that we fully expected to have complete screening provided by large trees and other ~_
plantings. In summer of 2005, City Council directed Eden Trace to provide as much screening as d V
possible with both coniferous and deciduous trees. Ben Merriman was more than agreeable,
indicating that "we'll throw as many trees up there" as possible without risking their growth.
The Reality: In a City Council meeting in August of 2006 when the request to make the bUilding~.~ ,
even larger was being approved, Ben indicated that some small trees and low shrubs would be
planted on the berm, but the berm itself could not sustain tall screening trees. His comment was ~~
"you do not want to have a row of dead trees along the top". As we've researched the plans with ~
JiJI Sinclair and Eden Trace, we've received different ans_wers and remain unclear abo~t what tP..~ e f..t f-
~ intended plantings for screening will be. ....., MtllH+XU:~1 fC\f\--f-,t~~~~c\W I~~(t't;t. [AI lL
~Jk '~}..r i CCl..wt ycsfon1? f= ~f!C>1~ CUMWlfl\f!. W1AAI:. t,,) Bel'\fMa..
V',. (.0 ~ ~,he Reality: As the attached pictures show, NO berming is provided to buffer the impact of the
\p\~\~f.,l~~~ building's parking lot traffic and our home. The traffic and headlights in the adjacent building's Hzts ~l..u.-'J
fI''7- 0<': ~. parking lot will have a direct impact on us as they shine directly into our kitchen, dining room, >>-en~~ V"et
~rP ~,~~~' living room and master bedroom. This is unacceptable and does not offer the complete screening '\\t ,f1;~ M
_ ~s.~~~(;) ? that we were promised. 0~~ ef-'I~;r
J".~~ ~ . '? 1'lC;~'-hot,,: l:t.]v<:" v~ DC 01'.
~'_, OJ- We never fought the development of a business park in our back yard. But, as[Z)'ear residents in this \AJ ~\
Oll~ !Cn( home in Chanhassen, we did fully expect the City Council to require the developer to be considerate of
~ "\" ,,\,'\\ our property value and our quality of life. Unfortunately, both have been negatively impacted.
~\ I L>-
o1lA~rN Our Request:
\ o<'-~ Again, we are asking you, Mr. Mayor, City Council and City Staff to please insist that just two of the
C many promises be kept. We respectfully insist that Mark Undestad and Ben Merriman do the following:
Let- I pvc tJ (' v-fJ O)Nl'H'V-; & I (f 0 I <;.OYl ( he\. s
Parking Lot Screening ./ e.~lll~'" 10 e)( p V~~S his tiC!;\.~-e -\;> ~p
1. Build higher berming between our residence and the parking lot. .exl~h~ WliOJecl cty:ett..10r P~v!:.l~I~"s
2. Plant at least eight more 8 foot high Techn@trees than are currently planned between our pe'r tlrr'pRl~
residence and the parking lot. Through research with aborists and professional landscaping
companies, we have learned that the most optimal tree for providing the required screening with
minimal care is the Techny tiS'in'e)and this is the tree that should be planted. Jk.1'S if C\. 'l5~-kl:: ~
~~+t:te (~~~~e.A;y-) -h-ee--to; ~CV"f'.eV\\.""'d
Storm Drain ~ M Afvvi f..t.eASkf- I 5" I
3. Keep their promise to extend the storm drain from our yard into the Chan West Business Park and
to put a flush covering over it to prevent,
a. runoff water from collecting and pooling on our property
b. future injuries to children.
Page 2 of 3
View of the business
development parking lot from the
windows at the back of our home
on 2407 Bridle Creek Trail.
View of lights from the
parking lot into our
home at night
Page 3 of 3
been hurt. City Staff indicated this was a feasible option. We considered it a promise from the
developer.
The Reality: As the berm was built, no action was taken on the drain in our yard. Near
completion of the berm my husband met with Mark Undestad and inquired about the status of the
extension of the storm drain. Mark's response was "Yeah, we were unable to do that". We
received no communication from them that plans had changed. Obviously this was yet another in
a series of empty promises to get us to shut up.
4. The Promise: When the request for a 150 foot setback was denied, we set to work on making
clear that we fully expected to have complete screening provided by large trees and other
plantings. In summer of 2005, City Council directed Eden Trace to provide as much screening as
possible with both coniferous and deciduous trees. Ben Merriman was more than agreeable,
indicating that "we'll throw as many trees up there" as possible without risking their growth.
The Reality: In a City Council meeting in August of 2006 when the request to make the building
even larger was being approved, Ben indicated that some small trees and low shrubs would be
planted on the berm, but the berm itself could not sustain tall screening trees. His comment was
"you do not want to have a row of dead trees along the top". As we've researched the plans with
Jill Sinclair and Eden Trace, we've received different answers and remain unclear about what the
intended plantings for screening will be.
The Reality: As the attached pictures show, NO berming is provided to buffer the impact of the
building's parking lot traffic and our home. The traffic and headlights in the adjacent building's
parking lot will have a direct impact on us as they shine directly into our kitchen, dining room,
living room and master bedroom. This is unacceptable and does not offer the complete screening
that we were promised.
We never fought the development of a business park in our back yard. But, as 17 year residents in this
home in Chanhassen, we did fully expect the City Council to require the developer to be considerate of
our property value and our quality of life. Unfortunately, both have been negatively impacted.
Our Request:
Again, we are asking you, Mr. Mayor, City Council and City Staff to please insist that just two of the
many promises be kept. We respectfully insist that Mark Undestad and Ben Merriman do the following:
Parking Lot Screening
1. Build higher berming between our residence and the parking lot.
2. Plant at least eight more 8 foot high Techny pine trees than are currently planned between our
residence and the parking lot. Through research with aborists and professional landscaping
companies, we have learned that the most optimal tree for providing the required screening with
minimal care is the Techny pine and this is the tree that should be planted.
Storm Drain
3. Keep their promise to extend the storm drain from our yard into the Chan West Business Park and
to put a flush covering over it to prevent,
a. runoff water from collecting and pooling on our property
b. future injuries to children.
Page 2 of 3
View of the business
development parking lot from the
windows at the back of our home
on 2407 Bridle Creek Trail.
View of lights from the
parking lot into our
home at night
Page 3 of3