PC SUM 2012 04 03
CHANHASSEN PLANNING COMMISSION
SUMMARY MINUTES
APRIL 3, 2012
FOUNTAIN CONFERENCE ROOM
6:00 P.M. – WORK SESSION
MEMBERS PRESENT:
Andrew Aller, Bill Colopoulos, Kim Tennyson, Kelsey Nelson and
Kathleen Thomas.
MEMBERS ABSENT:
Lisa Hokkanen and Mark Undestad.
STAFF PRESENT:
Kate Aanenson, Community Development Director, Sharmeen Al-Jaff,
Senior Planner, Alyson Fauske, Assistant City Engineer, Bob Generous, Senior Planner and
Roger Knutson, City Attorney.
PUBLIC PRESENT:
None.
Kate Aanenson welcomed the commissioners.
1. City Attorney Presentation.
Roger Knutson gave a presentation on legal issues that affect appointed and elected public
officials.
Open Meetings – Noted that all meetings with a quorum of public officials must be open to
the public. He explained that the advent of technology has created additional concerns
regarding serial meetings in which officials may create an open meeting by inadvertently
contacting a quorum of commissioners.
Gift Law – Local officials may not receive gifts from interested persons who may have
business before the commission or official. The gift prohibition excludes trinkets and
mementoes with a value of less than $5 or for meals where an official is providing a
presentation.
Conflicts of Interest – Officials can’t have an interest in a contract with the city if you make a
decision regarding that contract. There are also non-contract conflicts in instances in which
one has a personal financial interest. Any time that one has an interest in a decision that is
different from the community as a whole may result in a conflict of interest. Perception is
important so if there is any questions, one should ask for clarification and when in doubt,
excuse oneself from the decision. Also, there is a change in the quorum requirements if one
is legally disqualified from making a decision versus perceptually disqualified because the
legally disqualified official reduces the body of the commission.
Public Hearings – Officials are to make decisions at the public hearing, never make a
decision in advance. Officials must provide a due process review for every applicant before
the commission. If there is substantive discussion of an issue before the hearing, the official
shall disclose the conversation on the record and allow an opportunity for response.
Planning Commission Summary – April 3, 2012
Government Data Practices – There is a presumption that all data is public. However, the
legislature changes the requirements often so if there is a question, check.
Roger Knutson left at this point and Kate Aanenson had everyone go around and introduce
themselves.
2. Road Projects Presentation:
Alyson Fauske made a PowerPoint presentation on the following roadways and also noted
that this information is available on the city’s web site:
Highway 101 South of Lyman Boulevard – 4 lane, divided urban section with turn
lanes, 40 mph design, trails on both sides, construction 2013/2014, preliminary design
stage.
Highway 101 River Crossing – as part of flood mitigation for transportation,
Minnesota Department of Transportation is looking at elevating the river crossing
above the 100-year flood elevation with a land bridge. No funding is yet available.
Lyman Boulevard between Powers Boulevard & Audubon Road – improve roadway
from Audubon Road to Powers Boulevard with a 4 lane, divided urban section, 55
mph, dual trials, estimated construction 2014.
A commissioner also asked about the Pleasant View and Highway 101 intersection
improvement. Alyson stated that it is scheduled to start this year and that survey stakes can
be seen in the area.
3. Discussion of Potential Code Amendments.
a. Discuss Planned Unit Development, PUD, Process and Standards.
Kate Aanenson presented the staff report on the PUD process and standards. She stated that
staff has been reviewing the process and determined that if we were to amend a portion of the
ordinance, then we should amend it all. For concept review, we are really only looking to
provide generalized comments for developers which would be provided to the City Council.
It is intended to provide an opportunity for a developer to test a plan without getting into all
the details of a preliminary project approval.
When developers come in staff attempts to determine what is the best process and zoning
category to follow. However, sometimes the developer thinks that they need flexibility from
our standards and would like additional direction from the city. In these instances, it may be
appropriate to get informal direction from the Planning Commission and City Council. They
can then decide if they would like to continue to take the project to the next level.
Kate reviewed the standards and requirements of the Residential Low Density
Developments:
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Planning Commission Summary – April 3, 2012
Single-Family Residential, RSF, District and showed the Highcrest Meadows development as
an example of a single-family development.
Mixed Low Density Residential, R-4, District and showed the Vasserman Ridge
development which includes single-family homes and duplexes.
Residential Low and Medium Density, RLM, District and showed the Reflections at Lake
Riley development.
Planned Unit Development – Residential, PUD-R, District and showed the Springfield
development. It was noted that this was the last low-density, single-family detached housing
project reviewed as a PUD.
Staff will be bringing back the PUD ordinance for public hearing in about a month.
The Planning Commission had previously directed staff to proceed with preparation of
amendments to the PUD ordinance.
b. Festive Banners
Bob Generous presented the staff report on the banners. We are at a decision point right
now. We can either do nothing and continue to process these banners as part of the
temporary sign permits or we can create standards for banners and either review them as part
of a sign plan review process or permit them without permits, provided the standards are
adequate.
Kate Aanenson pointed out that this idea was initially suggested to the City by a property
manager in the downtown area as a means to give additional visibility to businesses within
the development.
The Planning Commission had a general concern with the unlimited use of banners. Staff
was directed by the Planning Commission not to prepare amendments to city code.
However, it was suggested that staff begin to investigate standards in case this item is
brought forward in the future.
c. Temporary Signs
Bob Generous led a discussion of the temporary sign ordinance. In 2009, the city
inadvertently eliminated standards for inflatable signs, search lights and prohibition against
flashing, blinking portable signs, stringers and pennants and the removal of large flags flown
in high wind which cause noise nuisance. Staff proposes to re-adopt the standards.
The Planning Commission directed staff to proceed with the amendment to the sign
ordinance.
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Planning Commission Summary – April 3, 2012
d. Boulder Retaining Walls
Alyson Fauske discussed retaining walls made of boulders. The City is having a problem
with larger boulder retaining walls failing due to animals burrowing or water issues. Staff is
proposing that boulder retaining walls over six feet in height be prohibited. The city is
looking at the long-term viability of these boulder walls. As far as standards for retaining
walls, the city follows Minnesota Department of Transportation standards. Additionally,
there are many alternatives for retaining walls including poured concrete walls that are
stamped or concrete boulder walls that can be used as well as the traditional block retaining
walls.
The Planning Commission directed staff to proceed with the amendment of the ordinance.
e. Sign Lighting.
Sharmeen Al-Jaff presented the staff report on lighting. City code currently limits
illuminated signs to backlighting. However, it does not permit the full range of signage
lighting opportunities available due to new technology. Staff pointed out that the light
intensity can be controlled by reducing the transformer power to the sign. The City also
learned as part of the review of the electronic message center signage that brightness and
glare can be eliminated through the measurement of the light intensity called a nit, which can
be submitted as part of the sign permit application.
Staff was directed by the Planning Commission to proceed with the amendment of the
ordinance.
f. Non-Conforming Lots
Sharmeen Al-Jaff presented the staff report on non-conforming lots. The city has numerous
subdivisions that were approved prior to the city adopting its standards. Many of these lots
are non-conforming. She showed the Carver Beach development which has standard lots that
are 20 feet by 100 feet. City code standards for single-family residential lots require a
minimum frontage of 90 feet and a minimum depth of 125 feet. She superimposed a lot of
these dimensions over Carver Beach lots to show that many lots would be necessary to meet
these standards.
What staff is proposing that we acknowledge that there are many areas of the community that
predate the ordinance. What we want to come up with is a reasonable minimum standard
possibly in the range of 66 to 75 percent of the current ordinance. We are attempting to stop
the conveyance of lots of record that are currently under one owner, but that can be sold as
separate parcels, leading to a proliferation of these substandard lots and the potential for
variances to permit their development.
The Planning Commission directed staff to proceed with the amendment to the ordinance at
the higher percentage.
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Planning Commission Summary – April 3, 2012
4. Flood Plain.
Sharmeen Al-Jaff presented the staff report on this issue. She showed the current Flood
Insurance Rate Maps, prepared by the U.S. Department of Housing and Urban Development,
dated June 2, 1979. The City is contained within two panels and there is very little detail of
the community. Now, the Federal Emergency Management Agency is developing updated
flood maps. The new maps divide the city into 16 panels so that more detail is available.
Alyson Fauske pointed out that the old maps were based on 10-foot contours, whereas the
new maps are based on 2-foot contours.
Sharmeen pointed out that the maps are preliminary right now. But when they are finalized,
the City will have to adopt them as part of the floodplain overlay district.
The Work Session concluded at 8:10 p.m.
OATHS OF OFFICE:
Andrew Aller administered the oaths of office to William Colopoulos,
Jr. and Kelsey Nelson.
8:15 P.M. – REGULAR MEETING
MEMBERS PRESENT:
Andrew Aller, Bill Colopoulos, Kim Tennyson, Kelsey Nelson and
Kathleen Thomas.
MEMBERS ABSENT:
Lisa Hokkanen and Mark Undestad.
STAFF PRESENT:
Kate Aanenson, Community Development Director, Sharmeen Al-Jaff,
Senior Planner, Alyson Fauske, Assistant City Engineer and Bob Generous, Senior.
PUBLIC PRESENT:
None.
ADOPTION OF PLANNING COMMISSION BYLAWS:William Colopoulos moved and
Kim Tennyson seconded a motion to adopt the by-laws. The motion passed 5 – 0.
APPOINT CHAIR & VICE CHAIR:Kim Tennyson moved and William Colopoulos
seconded a motion to retain the current Chair, Andrew Aller, and vice-chair, Kathleen
Thomas. The motion was approved 5 – 0.
APPROVAL OF MINUTES:Thomas noted the verbatim and summary minutes of the
Planning Commission meeting dated March 6, 2012, as presented.
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CITY COUNCIL ACTION UPDATE:
Kate Aanenson stated that Pioneer Pass 2 Addition
was approved on March 12, 2012, Lakeside Sixth Addition and Primrose of
Chanhassen/Chanhassen Gateway PUD amendment were approved on March 26, 2012. Staff
added a letter from Fred Riese to the packet for Primrose.
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Planning Commission Summary – April 3, 2012
Kate Aanenson stated that the first PUD residential amendments will be coming for public
hearing and stormwater code amendment discussion on April 17, 2012. There will be a future
amendment to the CUP for the cell tower at Halla Nursery and the Canine Club and Spa will be
in for site plan approval to expand. Kate also noted that the city is zipping through building
permits. There is also building activity at Minnetonka Middle School West, classroom
expansion and city water tower, and Goodwill.
ADJOURNMENT:Thomas moved, Tennyson seconded to adjourn the meeting. All voted
in favor and the motion carried unanimously with a vote of 5 to 0. The Planning
Commission meeting was adjourned at 8:30 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Robert Generous
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