CHASKA PLANNNING COMMISSION MINUTES September 13, 2017

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1 CHASKA PLANNNING COMMISSION MINUTES 1. Call to Order Chairperson Huang called the meeting to order at 7:00 pm. 2. Roll Call Roll call was taken. Members present: Commissioners Cross, Keyport, Personius, Bowe, Dahlke, and Chairperson Huang. Members absent: Commissioners Kelley and Pfeiffer. Also present: Liz Hanson, City Planner; and Kevin Ringwald, Community Development Director. 3. Adopt the Agenda Motion by Commissioner Keyport, second by Commissioner Cross to adopt the agenda as presented. 4. Visitor Presentation No one appeared under Visitor Presentation. 5. Approve the Minutes of the August 9, 2017 Planning Commission Meeting Motion by Commissioner Personius, second by Commissioner Dahlke to approve the minutes of the August 9, 2017 Planning Commission meeting. 6. Consent Agenda Motion by Commissioner Bowe, second by Commissioner Personius to approve the Consent Agenda as follows: a. Receive the draft Minutes of the August 7, 2017 and August 21, 2017 City Council meeting. b. Receive the minutes of the August 14, 2017 Park Board meeting. 7. Public Hearing: Approve the Preliminary Site and Building Plan and Conditional Use Permit for Bavaria Downs Event Center at 3919 Bavaria Road /A BULAE/PC#17-20 City Planner Liz Hanson presented the item to the Council. Commissioner Keyport inquired about the trail connections and encouraged staff to make the trails more obvious and safe. City Planner Hanson stated they are still considering where the trail connections will be located. The best area would include a direct connection to Bavaria Road and they will continue to work on a plan with the applicant. Commissioner Keyport inquired if there is anything included in the Comprehensive Plan or RR-2 zoning district that encourages residential development or prohibits commercial development.

2 PAGE 2 City Planner Hanson responded no, and stated every zoning district has an intent. Community Development Director Ringwald stated a wedding venue is not specifically identified in a greenbelt, but other similar activities are and the CUP clarifies this in a formalized way. Commissioner Keyport inquired about the sewer connection. City Planner Hanson stated this site is not located in close proximity to City sewer and the applicant will have to provide more details on this topic. Commissioner Personius inquired how long the property has been vacated and about parking near the home. City Planner Hanson responded the property has been vacated for the past 10 to 13 years. The parking near the home is handicap and a valet service will be used for other parking. Ben Wickstrom, Highway 7, Minnetonka, representing A ABULAE, commented they are working with staff on a trail connection as well as trying to maintain privacy for people who utilize the venue. They have hired a septic consultant to address the sewer issues. Due to the location of the water line, they will have to do additional study on the impact to the wetland. They have discussed sight line concerns with neighbors, there may be additional screening on future landscape plans and they are working on landscape enhancements requested by staff. Due to snow loads, the accessory structure will have less glass on the roof than what was shown in the picture. It will not be temporary structure and the design will be finalized soon. He stated they have provided a plan that shows additional sidewalks near the barn structure, the fire lane was moved so that tree #1026 (52-inch oak) will be saved, and they will fix the lighting enhancements suggested by staff. Traffic enhancements will affect their financing and they will work with City staff to find a solution. Commissioner Cross inquired about the elevator in the house and the direction the doors will open. Mr. Wickstrom confirmed an updated elevator will be installed. Commissioner Cross inquired if the existing road to the garage will still be there and if there is a grade change down to the accessory building. Marty Campion, project engineer from Campion Engineering, responded the access to the turnaround follows the existing paved road, which then goes out the north end of the turnaround to the underground garage. The connection from the turnaround to the garage will not be repaved. They will have to widen the existing road to meet fire code requirements and are evaluating the condition of the existing pavement. The accessory building will be accessible from the house and it is at about the same grade.

3 PAGE 3 Chairperson Huang inquired what ADA requirements they will meet since this is a residential structure with a CUP. There is a clear set of ADA standards for commercial building that are different for residential homes. Mr. Campion responded the access to the main structure and accessory structure will both meet ADA requirements. Community Development Director Ringwald stated the building code handles ADA requirements that will be looked at when a building improvement plan is done. The requirements will be the same as a church or school. It will look like a house, but once the people are in there it has an assembly occupancy and must be brought up to code. Commissioner Bowe inquired how they intend to secure to pool area. Tim George, 9674 Wellington Court, Woodbury, founder and owner of A BULAE, responded they understand the liability of having a pool. They are still looking at design options, but they plan to cover the pool with something like plexiglass so they can walk on it. He stated they are excited about the project and are getting several calls each day about the property. Commissioner Keyport inquired if they intend to have an outdoor music venue, if there will be a full-time site manager at the property, and security. Mr. Wickstrom responded an outdoor venue is not part of the plan. Mr. George stated there will be a full-time event site director, a catering director, and sales staff. During the week, there will four to six people on site, and staff will also be there in the evenings. They are still working out the details regarding facilities management and may consider having someone living there. A security fence is included in the budget, but the best security is having someone there. Chairperson Huang inquired what the total investment in the property will be after Phases I and II are completed. Mr. George stated it will be around $7,000,000, which includes the site and land development, house, and barn. They are going to hold off on the tennis structure barn, which will be another couple million. Commissioner Cross inquired if there is going to be a physical connection from the barn to the other structure since that is where the catering kitchen will be. Mr. George responded they plan to have the main commercial kitchen at the house and the barn will be a staging area. The food will be transported from the house to the barns in vehicles. There will also be a covered walkway. Commissioner Cross inquired about the tiny house near the outdoor tennis area. She also suggested there be a good variety of plants as part of the landscape plan.

4 PAGE 4 Mr. George responded they would like to redo the tennis courts, but will just clean up the area for now. They plan to have a variety of plants and trees because they want it to look compelling and interesting. Chairperson Huang opened the Public Hearing at 8:00 pm. George Lenz, 1181 West 82 nd Street, lives just north of the property. He inquired if the buckthorn on the property could be controlled and if the land on the perimeter of the property will continue to be rented out to farmers. He expressed concern with light pollution associated with venue No. 3 and if a large septic tank will risk contaminating the ground water. Mr. George responded they plan to keep as much of the farmed land as possible and they hope to work with the caterer to use produce from them. Phase III is still many years away, they will have to go through a separate planning process for it, and they are waiting to see how Phases I and II go first. There will be some type of building, but it will not be a glass accessory structure. Mr. Wickstrom explained there are a lot of rules and regulations with a septic tank and there will not be any contamination of the ground water. They have not evaluated the existing conditions regarding buckthorn and containing it on 270 acres would be difficult. They will look into it as it may affect them as well and be in their best interest to fix it. Commissioner Cross commented the Arboretum acquired acreage that had a fair amount of buckthorn and they have had some success in mowing it and chemically treating it. It is impossible to completely get rid of it, but there are ways to lessen it. The Public Hearing was closed at 8:07 pm. Commissioner Personius commented this will be a great amenity for Chaska. Commissioner Keyport stated it meets the intent and requirements for a CUP and is a good use for the property. Commissioner Dahlke commented the applicant has done a very thorough job and he will be interested to see Phase III when they are ready to proceed with it. Commissioner Bowe agreed with the other Commissioners. Chairperson Huang commented the proposal is very unique, it preserves a lot of the land, it will make use of public trails, and it minimizes intrusion on properties already developed in that area. He appreciates that the applicant went out of his way to meet with the neighbors and it shows they want to be part of the community. Chairperson Huang commented he realizes that they are still working to find ways to make traffic flow on Bavaria, but it is something that must get worked out because safety is important.

5 PAGE 5 Commissioner Cross commented once the vegetation is removed and the turn is more visible, it will help with people turning into the property. Motion by Commissioner Cross, second by Commissioner Dahlke to recommend to City Council for the approval of a Preliminary Site and Building Plan and Conditional Use Permit for Bavaria Downs Event Center, subject to the following conditions: 1. Approvals shall be based on the following graphic exhibits: a. Project Narrative (pgs 1-6), prepared by A BULAE, dated August 7, 2017 b. Charles Webber Alta Survey, prepared by Alliant Engineering, dated April 19, 2005 c. Existing Conditions Plan, prepared by Campion Engineering Services Inc., dated d. Site Plan Overall, prepared by Campion Engineering Services Inc., dated e. Site Plan Entrance, prepared by Campion Engineering Services Inc., dated f. Site Plan Barn Venue, prepared by Campion Engineering Services Inc., dated g. Site Plan House, prepared by Campion Engineering Services Inc., dated August 28, 2017 h. Watermain Plan Overall, prepared by Campion Engineering Services Inc., dated i. Watermain Plan House & Barn Venue, prepared by Campion Engineering Services Inc., dated j. Grading & Erosion Control Plan Overall, prepared by Campion Engineering Services Inc., dated k. Grading & Erosion Control Plan Entrance, prepared by Campion Engineering Services Inc., dated l. Grading & Erosion Control Plan Barn Venue, prepared by Campion Engineering Services Inc., dated m. Grading & Erosion Control Plan House Venue, prepared by Campion Engineering Services Inc., dated n. Tree Inventory/Preservation Plan Overall, prepared by Campion Engineering Services Inc., dated o. Tree Inventory/Preservation Plan Entrance, prepared by Campion Engineering Services Inc., dated p. Tree Inventory/Preservation Plan Barn Venue, prepared by Campion Engineering Services Inc., dated q. Tree Inventory/Preservation Plan House Venue, prepared by Campion Engineering Services Inc., dated r. Landscaping Plan (pgs 1-3), prepared by Archnet, dated August 15, 2017 s. Traffic Impact Study (pgs 1-152), prepared by Spack Consulting, dated September 6, 2017 t. Wetland Delineation Report (pgs 1-88), prepared by Midwest Natural Resources, Inc., dated August 23, 2017

6 PAGE 6 u. Stormwater Management Plan (pgs 1-66), prepared by Civil Methods, Inc., dated v. Sound Monitoring and Noise Compliance Response Strategy (pgs 1-5) 2. Adherence with the City Engineer s Memo dated September 8, Provision to not use any access from 82 nd Street West for public ingress/egress purposes into site. 4. Provision of a storm water management plan meeting City and Carver County WMO standards. 5. Adherence to Section of the 2015 Minnesota Fire Code. 6. Provision to provide necessary fire and emergency services as approved by the Fire Department. 7. Further evaluation to re-configure the northern fire turnaround adjacent to the home site to save tree # Provision to incorporate more coniferous trees on the parking lot s west edge. 9. Provision to use full cut off light fixtures, specifically for wall lighting. 10. Provision to continue working with City staff on potential public trail opportunities. 11. The use of helicopters on the property will not be permitted. 12. The use of a shooting range on the property will not be permitted. 13. Outdoor concerts will not be permitted. 14. No parking associated with Bavaria Downs, or associated events, may occur on Bavaria Road, 86 th Street West, or any other adjacent public Right-of-Way. 15. Provision to incorporate sidewalks or pedestrian connections from parking lot to barn venue. 16. Compliance with Minnesota Noise Standards. 17. Compliance with Standards for Granting Conditional Use Permits of the Zoning Ordinance. 18. Provision of proposed signage to meet Section 10 of the zoning code. 19. Proposed monument sign to be setback at least 10 feet from right of way and property lines. 20. Compliance with Section 9 of the Zoning Ordinance. 21. The applicant shall obtain a building permit prior to commencement of the proposed building alterations and accessory structure. Motion carried 8. Other Business Commissioner Dahlke Requested an update on 61. Community Development Director Ringwald stated he believes they are on schedule with plans to be completed in November. Commissioner Personius Inquired about KFC and Hot Spot. Community Development Director Ringwald responded they have purchase agreements to allow redevelopment to happen with Hot Spot and they are waiting for one more purchase agreement to come in. There are a couple of different concepts, and they are trying to work out the transfers of land between all the property owners. The family that owns the KFC site is waiting for the City to start moving with the City Square West project because that is where they will be relocating from. He is hopeful that Hot Spot, the bike shop, and the site north of Charter Bank will come together soon.

7 PAGE 7 Commissioner Bowe Inquired about the timing of City Square West. Community Development Director Ringwald stated they hope to have a consulting firm chosen by early October to help with visioning, with a proposal to be presented in May A member of the Planning Commission will be asked to be part of the visioning task force and will also keep the Commission informed on the process. Commented only three cars can get through the light on Fourth and Highway 41. Community Development Director Ringwald stated they have been requesting more green time from Mn/DOT on Highway 41. He agreed it is not easy to put a County road on a City street, it is tough in that area with the construction, and he appreciates everyone s patience. Chairperson Huang Commented the construction has started at the Hy-Vee site. Community Development Director Ringwald stated the start of construction of the Hy-Vee store has not yet been determined, but construction of the road and medical office building have begun. Commented Willy McCoy s is now open and it is nice to have another place open. Commissioner Dahlke advised the food is very good and it has a sports bar type of atmosphere. Commissioner Keyport commented the Crooked Pint and downtown businesses are feeling the effects of the road construction. Commented their thoughts go out to those impacted by hurricane Harvey and Irma. 9. Adjourn Motion by Commissioner Personius, second by Commissioner Keyport to adjourn the meeting at 8:26 pm.