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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 g:\plan\2006 planning cases\06-27 waytek\fischer letter.doc f ~t-Y c-... ( "....., ><0 f'.tJ'it ,..... - c 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