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1970 05 11 r' I I I PUBL!C HEA:RI.NG- ON REZONING OF þ'10L.~.NE g~OPER'¡'Y ,- Ma,y 11, 1970 '¡'he Chanhassen Village Council met on May 11, 1970, for the purpose of conducting a public hearing on the rezoning of the Moline Property. Mayor Coulter, Councilmen Klingelhutz, Pearson, and Bennyhoff were present. Councilman Hill was absent. The Public Hearing began at 7:30 p.m. The following were present concerning the Public Hearing~ Ed Gallagher, Mr. & Mrs. Clarke Nicholson, Burney R. Paramore, W. H. Dixon, Lynnae Nikolai, Denise, Nikolai, Jolene Johnson, Mrs. John C. Nelson, Earl F. Muehlhausen, G. D. Nugent, Wal ter R. Cleveland, REv. and Mrs. J. Orville Martin, TR:Dbert Scholer, Mr. and Mrs. Harry Kerber, Mr. and Mrs. A. R. Evans, Mr. and Mrs. D. Nikolai, Beverly A. Johnson, Fred Niggeler, Bernard Benz, George Steller, Amy Moline, Henry Moline, Ray Brenden, Ken Sotherlund, Al.Harvey and Terry O'Brien. The Administrator read the official publication on the rezoning and also read a list of land owners who had been notified. Sub Section .06 of Amendment number 8 of the Township Ordinance, which pertains to the authority to hold public hearing~ was read. Sub Section 4 of Ordinance #1, explaining Resident District IIC", was also read. Part of the proposed P-l District was read to explain what would be allowed in a P-l District. MR. HERB BALDWIN; the landscape architect for the applicants gave a detailed report on what is being planned. At this time the meeting was opened to questions from the floor on this proposal. A number o~ questions were asked by the residents of the area. The following were statements by the area residents for and against the proposal: MR. GALLAGHER read the following statement: SUBJECT: The application submitted to the Council by Mr. and Mrs. Harry Kerber for the rezoning of the Henry Moline property from a rural farm district to residential district "C", in contemplation of an extensive development of apartment buildings and townhouses. This has become of considerable conern to many residents of the Murray Hill area including some of the owners of abutting properties. It is our understanding that the original proposal is to construct 80 living units on this 12.5 acre tract, but, according to a news item published in the April 30, 1970, issue of the Excelsior-Deephaven Sun, there is a possibility of an eventual total of 200 units. The Council has set a public hearing to be held May 11, 1970, to consider the application, and has stipulated that the provisions of Section P-l "Planned Residential Development" of the proposed Village zoning ordinance shall apply to the property if it is rezoned. Before any definite action on rezoning, we suggest to the Council that they give careful consideration of the following points: " PUBLIC HEARING ON REZONING OF MOLINE PF.oPEF,'l'Y ., May II, 1970 1"""2,- (1) Murray Hill is one of the most desirable areas wi-thin -the I Northern Section of Carver County. Due to its topography, it compares withTRRdge Road on Christmas Lake. This is the type of land which people will buy because it is high and wooded, and is a very desirable home area when sufficient sized lots are sold. The property in question should sell, if properly platted, and should return to the owner as much as if it were sold for apartment deveJopment. (2) Does the rezoning of the property to accomodate 80 units and a possible 200 units follow the intent of Section 14 P-l "S-tatement of obj ecti ves" of the proposed ordinance? (3) It is our understanding that the present Township Ordinance for residence developments requires an average land area per unit of 15,000 sq. ft. Using this criteria, the erection of 80 units would require a tract of some 28 acres. This appears to conform to the principles of Section P-l, Section 14.2 "Procedure for Planned 'Residential Development Zoning and Platting", as paragraph (1) provides that P-l shall apply only to a tract of not less than 30 acres under a single ownership. (1) Please give consideration to the relationship, beneficial or adverse, to the proposed Planned Residential DeveJ.opment upon the neighborhood in which it is proposed to be established as I provided in paragraph 4 of Section 14.3 of P-l. It is our beJief that the density of population in a relatively small area which would result from the proposal would not be bene- ficial to the area. (5) P lease also consider the ef feet. which a high concentration of motor vehicles in this single area would have on the traffic load on adjacent access roads. Highway 41 to the West and 17 to the East have been built up to speedway level. A third road in the same catagory does not seem necessary, and is not unless the character of the neighborhood is changed. We believe it to be in the best interest of the Village of Chanhassen to retain so far as possible its existing rural residential character, and to avoid the concentration of apart- ment buildings and resulting density of population in limited areas. Spot zoning is never or seldom wise. It invariably leads to more requests for yet another exception, and thereby defeats the purpose for which zoning was established in the first place. We wouJ.d have no objection to the rezoning of the property in question for single residences or townhouses with land use restrictions more in keeping with Township Ordinance C. We will appreciate the consideration of our views by the Council. I .. / ~ I I I PUBLIC HEARING ON REZONING OF MOLINE PROPERTY - May 11, 1970 -3- SIGNED Ruth Cranbrook, G. D. Nugent, Esther Nugent, Lila Sparks, Lucien Sparks, Burney Paramore, Dorothy Paramore, W. H. Dixon, Harriet Dixon, Mary Lou Nicholson, Clarke Nicholson, Jr., Mrs. Merrill Steller, Merrill P. Steller, Evelyn S. Lohr, Marjorie Howard, Darrell D. Johnson, Beverly A. Johnson, Doris L. Nikolai, W. Andrews, Elinor Andrews, Earl F. Muehlhausen, Mrs. E. F. Muehlhausen, Bernard Benz, Sr., Mrs. Bernard Benz, Sr., Mrs. John Bragg, John G. Nelson, Lorraine Clark, Jerry Clark, Marguerite M. Gallagher, Ed Gallagher, Charlotte T. Cleveland, Walter R. Cleveland, Joe R. Fitzimons, Jean W. Fitzimons, D. W. Nikolai, Arnon R. Reese, Patricia M. Reese. CLARKE NICHOLSON stated: I would give the landscape architect a lot of credit but with the proper amount of work the Carmichiel Junk Yard could be beautiful. I moved out in the country and I like the area as it is. MRS. JOHN G. NELSON - My main concern is the roads in the area, Lake Lucy Road in particular. What and how would these roads be changed? MRS. SPARKS - I feel it would destroy the quality of the neighborhood. MR. SPARKS - We have 3.3 acres and like the country atmosphere and would much rather the ajoining area be developed in large tracts for single family dwellings. PASTOR MARTIN - I first would like to state that I am pleased the community is not getting over emotional over a problem that they are concerned with. Both the applicant for the rezoning and the existing owners are long time residents of the Village and I am sure are planning with the best interest of the Village. I tend to support the proposal. WALTER CLEVELAND - I signed the statement that Mr. Gallagher read. Generally this expresses my feelings, in that we moved away from the downtown congested area. G. D. NUGENT ~ I signed the statement and am in agreement with it. EARL MUEHLHAUSEN - I also signed the statement. I feel the roads are the main problem, also, multiple dwellings would destroy the area. I don't feel that the multiples would help taxes. W. H. DIXON - I also signed the statement and am in agreement with it. ~ PUBLIC HEARING ON REZONING OF MOLINE PROPERTY - May II, ,1970 -4- HURNEY R. PARAMORE - I also sigried the statement and am in ã~gr-een1ènt ·wi thlt~- Also, if this is approved what is to prevent others in the undeveloped land around this piece of proper-~y being re~oned t~he same. I would like some assurance this would not be done. I MRS. NIKOLIA - I also signed the statement and am In agreement wlTh - i t-:- -~- £~"-_EVA_~_ -" My main concern is about the traffic that will be generated on Lake Lucy Road. l\re we shutting our eyes to the fact that single family housing is more expensive than many people can afford and that attractive, well designed townhouses waul.d be an asset. I would hope that we souJ.d face the facts and that the Council would approve the proposal. ROBERT SCHOLEH -- 1 feel that the main points that should be c-onsidered-by·the Council are: 1. Does it affect the value or the surrounding property. 2. Does it affect the heal.th and welfare. The main point that has been discussed here tonight has been the traffic on Galpin Lake Blvd. and Lake Lucy Road. I have checked the traffic count at the intersection of Highway 7 and Galpin Lake Blvd. There are 597 trips per 24 hour period. A-t the I intersection of Highway 5 and Galpin Lake Blvd., there was 227 trips per day. In Section 3 there are approximately 400 acres undeveloped, If this was developed with sewer and water instal.led, only by single family residences, with a maximum possible rate of 2.5 single family residents per acre, this would amount to approximaJcely 1000 additional homes which generate approximately 7 trips per day per residence as stated by the Metropolitan Council. This would be 7,000 additionaJ trips per day on Galpin Lake Blvd. or Lake Lucy Road. This would require an upgrading of both roads if it were to be developed only by single family redisences. GEORGE STELLER - I am interested in '^'hat is done with this property, aBlE-was ()wned by my grandparents at one time. I feel -tha-t this plan using the landscape and leaving the existing trees would be better than the site being leveled and single family residences being built. I would hope thaJc the rezoning would be approved. BERNARD BEN~ - 1 also signed the statement and am in agreement w·i thO -n: :I-l:i.ke the countr.y atmosphere and fear that if the rezoning were approved it would be se-tting a precedent. KEN SOTHEªLUND - I would like to see this proposal approved. I Yeer-íi:---wouTd--be good for taxes. It also would require less Village maintenance costs. I [eel that the beauty of the area. I wouJ.d be kept with a well designed pJ.an. ~. r I I ,I PUBLIC HEARING ON REZONING OF MOLINE PROPERTY - May 11, 1970 -5- RAY BRENDEN - I feel the proposal is good and would hope the Council would approve it. TERRY O'BRIEN - I personally am concerned about the traffic and the problems it would create. AL HARVEY - I feel that the applicant has done a good job of presenting the proposal, but as a home owner, I feel that the traffic on Lake Lucy Road would be a real problem and in general would like to see the area in a rural nature. DENISE NIKOLAI - I am 12 years old and have lived here all my life. r-like the-environment as it is and has been. I would like to see a good clean community and feel that this proposal would bring many more automobiles to the area and cause pollution. The recommendation of the ~lanning Commission was as follows: A motion was made by Anne Neils and seconded by Tom Gabbert to rezone the 12.5 acre Moline Property from Farm Residence District to Residence District "c" of Township Ordinance #1 with further stipulation that the developer adhere to Section P-l of the proposed Zoning Ordinance. Motion unanimously ,approved. Bob Scholer did not vote. PARK AND RECREATION COMMISSION: The Park and Recreation Commission ha:s-not taken any action on this proposal as none of this land lies in the Park Reserve Green Space. ENGINEER'S REPORT: The sewer lines for this area have not been designed at this time and could be sized for capacity to serve the area with respect to how it is zoned. HARRY KERBER - I would be willing to have certain restrictions set on- this - applica tion. I would like to thank all of the people in this area for the consideration that they have given the Molines and myself on this rezoning application. COUNCILMAN KLINGELHUTZ - How would the group .feel about certain maximum density restrictions? PARAMORE - I would like to question why the urgency on this proposal for rezoning before the new Zoning Ordinance is approved? HARRY KERBER - The option is so written that the purchase of this property is contingent on the rezoning of the property. A motion was made by Councilman Bennyhoff and seconded by Councilman Klingelhutz to adjourn the Public Hearing. The following voted in favor thereof: Mayor Coulter, Councilmen Klingelhutz, Bennyhoff and Pearson. No negative votes. Motion carried. PUBLIC m;!\HJNC; ON lŒL:Ol'IING 01,' MOLINE PHOP:f<~Rrl'Y -- May J.l, 19'70 --6~ '1'118 Council \vill make a decitdon on this Public Hearing on ,}une I, 19ÎO at 8:30 p.m. at the Village IlalL Purther written testimony ca.n be t.lŒn8d in to Lhe Village Office until F'rida.y, Ivlay lS f 1970. No further testimony will be taken after that time,. CHAN H!\.D_~:; }~N_~I J,LAGJ'; COUNCIl. rg]\IU,£ES ,=--lvIay .1.__tL)9 '7 0 ~hc SpeciaJ Chanhassen Vi.JJage Council meeting was held on r:lay ll, 19'70, in t.lle Village Hall. It was decided to dispense with all formalities. ThG following members were present, ~ Mayor CouJter, CounciJmen Klingelhutz, Pearson and Bennyhoff. CounciJ.man Hill was absont. BANDllvlEl<'l<; mnGH'l'S -- 2ND l\DDI'l'ION: The final plat was presented and.....-~ that all UlC ~~()rid·itiow3 were m(~tthat were set torUl in Uw December 15, 1969, Mee·ting of t:he Vil.Lage Council. A mot.ion wac; madEc, by Counci Imdn Pearson and secondc~d by Counci_lman KlingeJhut~ that the Village Attorney draft a development contract setti_ng forth these conditj.ons and submit it back to the Council at the next meeLing. cC2J\J}J.:~'rJº~IA!:. UêE_~E~¡V¡I'L': 1\ motion was made by Councilman Pearson and seconded by Councilman Bcnnyhoff to approve the Conditional Use Permit for the Twi.n frilJ.s Estates as submitted, authorLd_nq the Mayor and Clerk to sign said Cond.itional Use Permit. l)LUlvlBING INSPECTOR: A motion was made by Councilman Bennyhoff a~ncl_~-s8¿()ndo.d})y-c::ouncilman Pearson approving the reqistTaU.on fee inlhe amount of $2!j.OO, parking and mileage for the Plumbing Inspect:or to a'ct.end a Plumbing Inspectors workshop on June 2 and June 3, 1970. ~he following voted j.n favor thereof: Mayor Coulter, Councilmen Klingelhutz, Pearson and Bennyhoff. No nega.live voles. Motion carried. llj)M]~¡.'iIS1'HA'L'OH" A motion was made by Mayor Coulter and seconded by Counci.lman Pearson that the Village pay for any schooling -tha·t l:l1e l\drninis'lrator 'cakes and receives a degree. rrhe following voted j.n [a.vor thereof: Mayor ~ouJter, Counci_lmen Klingel.hutz, Pearson dnd Bennyhoff. No negative votes. Motion carried. ~,E!\G--ºI~_ ~W_~/lLJi'JTC.~??~L~'1.'2}:~~ _CONVEN'l'IOj\J: A motion "vas made by Councilman Bennyhoff a.nd seconded by Councilman Pearson to approve payment of U18 reqi"t:ration f8e, mileage, plus $25.00 a day per diem for th8 Mayor, Councjimen or Administrator to a'ctend t.he Lca.gu(," of Minnu>ota Municipa Ii ti cs Convention on ,Juno 10, 11 and 12, 19'/0. The following voted in favor thereof : Ma.yor Coulter, Counci Imcn Klingelhutz, Pearson and Bennyhoff. No negati.ve votes. Motion carried. " I I I I ~// r I I I ~ CHANHASSEN VILLAGE COUNCIL MINUTES - May 11, 1970 -7- A motion was made by Councilman Pearson and seconded by Councilman Klingelhutz to adjourn. The following voted in favor thereof: Mayor Coulter, Councilmen Klingelhutz, Pearson and Bennyhoff. No negative votes. Motion carried. TIME: 10:35 ~ Adolph Tessness Clerk-Administrator .