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PLANNING COMMISSION „- .p - z :`, , ;�4. r -, -. .�
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REGULAR MEETING
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TIME DATE: 7: 30 m. Wednesday, November 9 1977 ' *
LOCATION: City Hall, 7610 Laredo Drive
•
� �
�l. 7. 30 - 8 .00 p.m. - Public Hearing to Consider Rezoning and z ,,�.> ,�
Subdivision for Allen Gray
I''
(Ref. Encl. 1) �T i� 'P, �"�"- � .
2. 8 :00 8 :15Yp.m. - Discussion of Agenda Item 1: . - f� 1 r¢?.
'41
' 3. 8: 15 - 8 : 30 p.m. - Public Hearing to Consider Subdivision for d
x David Larson. .. 34Q".
44.1,,,,,t--.-,''::.:'',:-,,
i (Ref. End_ 2) .. . -ter.; ' �; , .e ,,, --A �,
�4. b8: 30 - 8 :45 p.m. - Discussion of Agenda Item 3 „ , " ~. _ ?' a
V 5 8 45 9 : 15 p.m. - Public Hearing to Consider Hansen and - - r � '4r
„, - Klingelhutz Santa Vera Perliminary Development
r
r e• a Plans. c �� a c � � S '
a k s Y x a $ t v sSdX.
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v 6 9 15 9 30 p m Discussion of Agenda Item 5 �� �' �.
7. 9 : 30 9 :45 p.m. Public Hearing to Consider Subdivision for x =
Robert Sommer. 4 ��_
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r1.Y3x 'a k`fi.e ' ,. c .-4 .1� .„ _``'- 4
8. 9 : 45 -10 : 00 p.m. - Discussion of Agenda Item 7 - ':
', `
'-vM .gay
1 9 . 10 : 00 -10 : 15 p.m. - Approval of Minutes ` '' / " .
.ra. �; a ^1 8..
(Ref. Encl. 5) l ` _A
. ;
10. 10 : 15 -10 :45 p.m. - Discussion of HRA Tax Increment Proposal �� i
t,, (Ref. Encl. 6) .
N
11 . 10 : 45 -11 : 00 p.m. - Discussion of Community Facilities Study
Committee Proposal., `' �,irr - .i
(Ref. Encl. 7) ' .i
12. 11: 00 -11 : 05 p.m. - Discussion of Previous Council Action. F `
' (Ref. Encl. 8) .
F- \
t
i13. 11 :05 -11 : 15 p.m. - Open Discussion.
E ;
,c,, T 14. 11: 15 -11 : 30 p.m. - Discussion of Appointment to Planning Commission.
(Ref. Encl. 9) .
,
15. 11 : 30 - 2 : 30 a.m. - Accept or Reject Dick Dutcher' s Resignation from
the Planning Commission.
C I TY OF
CHANHASSEN
7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: November 3, 1977
TO: Planning Commission, Staff and Allen Gray
FROM: Bruce Pankonin
SUBJ: Preliminary Development Plan Public Hearing
PLANNING CASE : P-300
Please include the following enclosures with your copy of exhibit 1,
Allen Gray Subdivision:
Enclosures
9 . Planning Commission minutes dated September 28 , 1977.
10. City Planner' s Report dated November 3, 1977.
REGULAR PLANNING COMMISSION MEETING SEPTEMBER 28, 1977
. a1 MacAlpine called the meeting to order at 7:30 p.m. with the following member
p sent: Hud Hollenback , Roman Roos , Dick Dutcher, Jerry Neher, Walter Thomps , and
Le Bridger. Bruce Pankonin and Craig Mertz were present.
MINUT Hud Hollenback moved to approve the September 14 , 1977, Plannin
ommiss n minutes as presented. Motion seconded by Les Bridger and unanimously
approved. f
METROPOLITAN OUNCIL BICYCLE CORRIDOR PLAN: The Metropolitan Coun 1 held a public
earing Septem r 8, 9 , to consider public input on the Bicycl and Pedestrian
Travel Systems A endment to the Transportation Development Guid$/Policy Plan. Staff
prepared a letter xeconmending the transportation plan be amended to more closely
resemble Chanhassen% linear open space corridor as shown in/the city plan. City
Staff proposed that these corridors generally follow the a}1gnment of existing
and future streets in the city. The proposed corridors yould allow for movement in
and throughout the city c places of activity such as downtown , future employment,
(etc. ) , and recreation arc's . The proposed corridors/are:
Highway 7, l\
Minnewashta Parkway ,
Highway 41 through the Arboriktum to connect to' Chaska 's plan ,
County Road 17, \
Highway 101 ,
Highway 5 and onto Lake Ann Interceptor right-of-way ,
Lyman Blvd.
A corridor along the Minnesota River;. and
A corridor from the proposed Minnewashta Regional Park east to Eden Prairie.
Members discussed the proposed system and coninented on it.
Roman Roos - If it's tied with the trailway system, which it is , I think from a
preplanning point of view it's .a.good thing. At least it's down on !gaper. As
long as it ties in with our tr8ilway system, I think that 's important. Whether
it be a mode of transportati,rtn in the year 2000 , I Gant say. I think staff has
done their part as far as response to the Met. Council . I see nothing wrong with
it at all .
Mal MacAlpine - I compl,i'ment you on it , Bruce. I think the concept is very fine.
Dick Dutcher - There is something else , too, and that 's one of consistency.
Everything that has ,tieen done is supportive of everything else.
Les Bridger - I think it's a good idea.
METROPOLITAN SIGNIFICANCE REGIILAIIt)NS : These regulations put Chanhassen as an
agricultural .eommunity. The City Planner felt that the City can build some st.rom:
arguments a:'ainst that classification for the whole city. The area of the city not
anticipat:E to be served with sanitary sewer between now and 1990 could be considered
as agri . tural .
HOUS .G GOALS: Members discussed the goals as stated in a March 1968 repkt from
Na an , Wehrman , Knight, and Chapman , Inc. These will be refined as the coiiii4 scion
pletes the comprehensive city plan.
PRELIMINARY PLAT - ALLEN'S ALLEY : John Cosmos , Allen Gray, and Tom Hoskins were
(1
present. The City Planner gave the Engineer's report. Sanitary sewer is being
installed to the area. The street horizontal and vertical alignments are acceptable.
The street widths are adequate if no parking is permitted on the 24-foot wide,
two-way segment. Because watermain will be installed in the future , the Engineer
uggested a 12 inch crushed rock base and seal coat restoration be put on the road.
6-inch concrete driveover curb and gutter must be installed with runoff directed
to the utility easement between Lots 7 and 8 if a storm sewer is not installed.
Planning Commission Meeting September 28, 1977 -2-
A grass swale ten feet wide and one foot deep will be adequate to contain the
normal design rainfall . The future watermain should be located in the center
of the right-of-way to avoid disturbance of the concrete curb. The Engineer
recommended approval of Allen's Alley preliminary plat.
Off street parking is being provided in the driveways and separate parking areas .
The City Planner recommended the Planning Commission order a public hearing for
October 26 to test neighborhood sentiment.
John Cosmos explained that they are looking into costs for installing dry water
lines at this time. They are proposing a beach lot on Lake Riley. There will be
no boat launching other than canoes and sailboats . The beach lot will require a
conditional use permit. Specific plans have not been submitted for the beach lot.
Dick Dutcher moved to hold a public hearing on November 9 , 1977 , at 7:30 p.m. to
consider the proposed subdivision and rezoning for Allen 's Alley . Motion
seconded by Les Bridger and unanimously approved.
STATE DEVELOPMENTS; Members discussed the inconsistencies of existing ordina s ,
na Ty Ordinance 45, Subdivision Ordinance 33, and the county recording pro ure
for ' ing metes and bounds property. The County Recorder does not cont the
city ab a proposed subdivisions consistency with city standards . „,.
Don Ashworth , ty Manager, was present.
Dick Dutcher moved wit generally the concensus of the Como ' sion is that leap
froginy development sh )d not he continued. Motion se ded by Hud Hollenback
and unanimously approved N ,=
RESIGNATION : Dick Dutcher subiiri ted his resignati no from the Planning Commission
effective the end of November or iiLi1 a replacement is found.
HANSEN AND KLINGELIILIii: H. & K. askedvth& City Planner to ask the Planning
Commission if the commission would consider ordering a public hearing to consider
their plans for an apartment project north of Chanhassen Elementary School prior
to examining the plains .
Members felt this would be setting a precedence and is contrary to city pol icy ,
therefore they deny the request.
Hud Hollenback waved to adjourn. Motion seconded by Walter Thompson and
unanimously approved. Meeting adjourned at 11 : 10 p.m.
N
i
D Ashworth
ity Manager
C I TY O F
sCHANHASSEN
7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: November 3 , 1977
TO: Planning Commission, Staff and Allen Gray
FROM: Bruce Pankonin, City Planner
SUBJ : Public Hearing to Consider Rezoning and Preliminary Development
Plans for Allen Gray
PLANNING CASE: P-300
APPLICANT: Allen Gray
REF: City Ordinance 47 , Section 24 (Rezoning Proposal) and Section
14 (Planned Unit Development Proposal)
Petition
As shown in attached enclosures 1 - 9 , Allen Gray is proposing to
rezone approximately5. 5 acres from R-1A to P-1 and subdivide the
subject property into twelve residential building sites and one outlot.
Consideration of the applicant' s request will require separate action
on the rezoning and preliminary development plan petition.
Rezoning Proposal
As you know, the criteria for evaluating Allen Gray ' s rezoning request
is the adopted City Plan. It7the recommendation of this planner that
the planning commission find Allen Gray ' s rezoning proposal to be
positively consistent with the spirit and intent of the city' s plan
for land use, transportation and utilities.
Subdivision Proposal
The criteria for evaluating Mr. Gray' s subdivision request is found
in city ordinance 47, Section 14 . All the documents submitted to date
comply with the spirit and intent of the P-1 use district. I would
recommend the city planning commission look with favor and pass on a
positive recommendation to the city council for the subdivision of
Allen Gray ' s property subject to the concerns as outlined in the city
engineer ' s memorandum of September 28 , 1977 .
____
C ITY 0 F
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CHANHASSEN
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7610 LAREDO DRIVE•P.O. BOX 147SCHANHASSEN, MINNESOTA 55317
EIrruiri6, _` (612) 474-8885
MEMORANDUM
DATE: November 3, 1977
TO: Planning Commission, Staff and David A. Larson
FROM: Bruce Pankonin, City Planner
SUBJ: Subdivision Plan for David A. Larson
PLANNING CASE: P-409
Please include the following enclosures with your copy of exhibit 1,
David A. Larson Subdivision:
Enclosures
6. Planning Commission minutes dated October 12, 1977 .
7. City Planner' s Report dated November 3 , 1977.
1,lit
T Regular Planning Commission Meeting October 12, 1977 -2-
� s
- brought a sound level meter for members to view. This type of equi . ' - t would
co from $300 to $600. There are programs for loaning equipment thr. •h the
fede 1 government which he felt the city should investigate.
meters ey will loan for a few days at a time. hold
g The A de ea a y year
to famil ize persons with sound level meters , how MPCA to calibrat; hem, etc.
ear
They will . - o train people at any time.
Hud Hollenback •ved to recommend the City Council consi• - incorporating by
reference the Min •sota PCA Noise Standards into Ordin. e 47 and amend the noise
standards in Sectio 12.7, Motion seconded by Jerry eher and unanimously
approved.
AMENDMENT TO ORDINANCE 47, ONING LOT LIMITAT "S: Hud Hollenback moved to
recommend the City- Council- c. •sider amendin•- Irdinance 47, Section 19.15 to read
as follows :
1 . Only one principal structure all • permitted on each zoning lot.
2. A platted lot of record in the ce of the Register of Deeds or Registrar
of Titles of Carver County on . . -fore February 8, 1972, shall be deemed a
buildable lot provided sanit. se . and water are in place and assessed
and it has frontage on a p, •.1ic right ..f-way and frontage and area
requirements for the dis . ict in which is located or adjusted to
conform as follows :
A platted lot o ecord in the office o he Register of Deeds or
Registrar of ties on or before February : 1972, which is in an
"R" distric 'and which does not meet the req. rements of this
ordinance .s to area or frontage, may be utili •d for single family
detache• dwelling purposes provided the measurem- s of such area,
fron •e or open space are within 50% of the requi .1 -nts of this
o • ance and sanitary sewer is in place and assesse. - o the platted
• of record, and the principal structure which is pro. •sed to be
constructed on the platted lot of record shall conform to -•-il
setback requirements of the district in which the platted lc of
record is located.
•tion seconded by Jerry Neher and unanimously approved.
SUBDIVISION REQUEST - DAVID LARSON: The City Planner recommended that proposed
Lot 3 have the minimum 90 feet of frontage on Pleasant View Road and further
that the Planning Commission hold a public hearing to test neighborhood sentiment.
Mr. Larson has revised the proposed plat to reflect the requested frontage.
Roman Roos moved to hold a public hearing on November 9, 1977, at 8:15 p.m. to
consider the subdivision request for David Larson. Motion seconded by Hud
Hollenback and unanimously approved.
•. ' ISION REQUEST - HERBERT BLOOMBERG: Mr. Bloomberg was present seek
approva u divide his property on the east side of Colonial Gr. nto.30
single family . .nd one common outlot. Sewer and water . - place to the
property. All the • • be created meet or exceed • nimum requirements
of Ordinance 47 except for . _. Block 1. Th • has to be 75 feet wide
pursuant to the Shoreland Ordinan - Block 3 does not have sufficient
buildable area when all side yard e. • d setbacks are considered.
Elimination of this lot wo • •ualize the to • in Lots 2, 3, 5, 6, and 7.
Lot 4 is proposed as • c in outlot thy! "is. allowed • • e issuance of a
conditional us - • t, The City Planner feels the propose. . .ivision plan
is in c. • *- .nce with the city;s plan for land use, transportat o , zoning
• • t is changed to reflect the above items.
• CITY OF
95' CHANHASSEN
,At
v.4 , 0 17.1;
7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317
4;Q'p'pd' (612) 474-8885
PLANNING REPORT
DATE: November 3, 1977
TO: Planning Commission, Staff and David A. Larson
FROM: Bruce Pankonin, City Planner
SUBJ: Subdivision Plan for David A. Larson
PLANNING CASE: P-409
Petition
As shown in enclosures 1 - 6 , the petitioner, David A. Larson, is
proposing to subdivide his property located on the north end of Lotus
Lake into three residential lots. All the lots that are proposed to
be created meet or exceed the minimum requirements of the R-1 use district
I recommend the Planning Commission find Mr. Larson' s subdivision
to be consistent with the spirit and intent of the city' s zoning
ordinance, city plan and subdivision ordinance conditioned upon Mr.
Larson dedicating appropriate drainage easements to the City of
Chanhassen.
C ITY O F
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4
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7610 LAREDO DRIVE•P.OBOX 147• H
�r•({ l'irl C ANHASSEN, MINNESOTA 55317
1" '1: ,' ' ` (612) 474-8885
MEMORANDUM
DATE: November 3, 1977
TO : Planning Commission, Staff and Hansen and Klingelhutz
Construction Company, Inc
FROM: Bruce Pankonin, City Planner
SUBJ : Hansen and Klingelhutz Santa Vera Village PRD
APPLICANT: Hansen and Klingelhutz Construction Company, Inc.
PLANNING CASE: P-412
Please include the following enclosures with your copy of exhibit 1,
Hansen and Klingelhutz Santa Vera PRD:
Enclosures
11. City Planning Commission minutes dated October 12, 1977.
12. City Planner' s Report dated November 3 , 1977 .
Planning Commission Meeting October 12, 1977 -10_
• d Hollenback - I would- be Willing -to reconsider the -bottom two to , .
( . lots',F- and G-) as a outiot_ for them to. use actively with a!
C. tional use- written. - Would, that: foul things up? -If the' gu -
that: • ,ught the lots proceed since this isvalready:.in_ place?
Russell arson - Tf the- Council accepts that concept and se - aside
those two ots for consideration under a conditional use lit
following . r public hearing and your recommendation, ave no
idea what th: Council would do.
Hud Hollenback You haven't sold F and G yet, have •u.
Greg Gustafson - .othing has been irrevocably sold Could I ask that
you table this unt your next meeting? There h• •e enough issues
opened here that T. nk we ought- to come back ext time with a more
positive' proposal and .eet with staff in the •ext two weeks and try
to come up with a compr• 4ise that the deve • •er and staff can support
and hopefully meet your a• •roval.
Hud Hollenback moved to tabl- action til the next Planning Commission
meeting. Motion seconded by J' ry -her and unanimously approved.
CARVER COUNTY REGIONAL PARK: P rphy was present with a list of
items to be included in a co • tiona use permit for Minnewashta
Regional Parka The City P ner sugg- -ted. that Carver County
recognize that there are • unk assessme s on the property which
should be an acquisitio• cost and also th. the City has incurred
some expenses in revi, ,ing the proposal an. -hould be paid. He
recommended the Pla. ing Commission order a •. •lic hearing to test
neighborhood sent ent.
Russell Larso Bruce Pankonin, and Pat Murphy wil • prepare a
conditional se permit for the next Planning Commiss •n meeting
prior to e public hearing.
Jerry ' -her moved to hold a public hearing on November 2, 977, at
7:30 • .m. in the Chanhassen Elementary School to consider a onditional
us- permit for Minnewashta Regional Park. Motion seconded b ud
- .11enback and unanimously approved.
HANSEN AND KLINGELHUTZ PRELIMINARY PLAT: The City Planner gave his
report. Hansen and Klingelhutz is proposing to construct eight 10
unit apartment buildings on 6. 6 acres directly north of the Chanhassen
Elementary School. The density is .a units per aj. In 1969 H. & K.
proposed a total development plan for Western Hills. This piece of
property was proposed as multiple family. The Council rezoned the
property to P-1. The Planner suggested an earth berm be created along
the open parking area in Phase I. H. & K. should be required to
provide some active recreation space for the future residents of the
development although the property dyes abut the school. They should
be required to install a sidewalk along Laredo Drive.
Bill Brezinsky gave a report. • In general the 'enginee,r'has no problems
with the plan as submitted. Sanitary sewer and water as shown on
the plan will adequately serve the property. Hydrants should be
spaced every 300 feet throughout 'the development. The drainage plan
is adequate except a storm sewer will have 'to be installed in the
low area. Street widths -are 25 feet with no parking.
•
•
Jim Hawks, Doug Hansen, and Tom Klingelhutz were present. Jim Hawks
gave the presentation. There are a total of 80, units, 20 of them are
one bedroom and 60 ara t-u,.. hcb Arn.,.n
Planning Commission Meeting October 12, 1977 -11-
;r
size from 768 to 804 square feet and the two bedroom, : 1,044 to 1,080
square feet. Hansen and Klingelhutz propose to offer $1;.000 a year
for four years to be spent in developing active play areas in the
existing park north of this area.
Staging is proposed as follows:
1977-1978 Two buildings in the northeast corner of the property
with garages.
1978-1979 Two buildings in the southeast corner of the property
with garages.
1979-1980 Three buildings generally located to the south west of
the property with garages.
1980-1981 Three buildings generally located to the northwest of
the property with garages.
Grading and stabilization of the soil would be completed this year.
The buildings are to be built of stucco and wood, two story in height.
Hud Hollenback moved to hold a public hearing on November 9, 1977,
at 8 : 45 p.m. to consider a preliminary development plan for Santa
Vera PUD. Motion seconded by Roman Roos and unanimously approved.
S ISION REQUEST - ROBERT SOMMER: Hud Hollenback moved t d
a pub r ng on Nov er , 9 , at 9 :30 p.m. to er the
subdivision r t for Robert Sommer. Motion ed by Walter
Thompson and unanim approved.
PLANNING COMMISSION APPOI s Bridger and Jerry Neher have
nd cate they wis e re-appointe he Planning Commission.
Hud H ack moved to adjourn. Motion seconded ter
pson and unanimously approved. Meeting adjourned at a.m.
Don Ashworth
City Manager
CITY
of
•
•
CHANHASSEN
7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: November 3, 1977
TO: Planning Commission, Staff and Hansen and Klingelhutz
FROM: Bruce Pankonin, City Planner
SUBJ: Hansen and Klingelhutz Santa Vera Village PRD
APPLICANT: Hansen and Klingelhutz
PLANNING CASE: P-412
Petition
As shown in enclosures 1 - 11, Hansen and Klingelhutz Construction
Company is proposing a planned unit development consisting of ten
8 unit apartment buildings on a 6. 6 acre tract of land.
Planner' s Recommendation
I feel the developer should be encouraged to proceed with implementing
the plans for the Santa Vera Planned Unit Development, however, I
would suggest that an earth bernbe created along the open parking
area in phase 1. In addition, I think Hansen and Klingelhutz should
be required to provide some active recreation space for future
residents of the development. Specifically, i would suggest the
applicant be required to install a tennis court or similar structure.
In addition, I recommend the developer be required to install a
y " sidewalk along the entire length of Laredo Drive. Further the developer
should reserve some units with a high amity package that would
' ff41 normally build in a typical apartment project. By doing this, the
apartments would ppeal to a broader acollo`lis/income base.
#/O O COf q,c - w of drE•ie/1/ I/LL 1 4Qx
If the developer meets these conditions I would recommend the city
approve the planned unit development.
F+c. count St-9 .
Parenthetically, to aid the planning commission in the decision making
process I would recommend the commission encourage the council to establish
an architectural control committee which would have the power of review
and approval of the architectural style of each high density residential,
commercial and industrial building proposed to be built in the City
of Chanhassen.
C ITY
O F
. 4
4ifer- CHANHASSEN
7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: November 3, 1977
TO: Planning Commission, Staff and Robert Sommer
FROM: Bruce Pankonin, City Planner
SUBJ : Proposed Subdivision for Robert Sommer
PLANNING CASE: P-411
Please include the attached enclosures with your copy of exhibit 1 ,
Robert Sommer Subdivision
Enclosures
7. Planning Commission minutes dated October 12, 1977.
8. City Planner' s Report dated November 3 , 1977.
Planning Commission Meeting October 12 , 1977 -11-
ze from 768 to 804 square feet and the two bedroom, - 1, 044 to 1 6 . 0
s• - e feet. Hansen and Klingelhutz propose to offer $1,000 - ear
for f. . years to be spent in developing active play area: n the
existing • • k north of this area.
Staging is prop. - • as follows :
1977-1978 Two bu sings in the northeast . ner of the property
with gara• - - .
1978-1979 Two building- the sou - -ast corner of the property
with garages.
1979-1980 Three buildings g- - - . • lly located to the south west of
the property w gara• - -
1980-1981 Three buil. gs generally ated to the northwest of
the pro• -. y with garages.
Grading and stabi _ ation of the soil would be •mpleted this year.
The buildings - e to be built of stucco and wood, . • story in height.
Hud Ho -nback moved to hold a public hearing on Novembe e 1977 ,
at : . • 5 p.m. to consider a preliminary development plan for - to
-ra PUD. Motion seconded by Roman Roos and unanimously approv-
SUBDIVISION REQUEST - ROBERT SOMMER: Hud Hollenback moved to hold
Ci
a public hearing on November 9 , 1977 , at 9 : 30 p.m. to consider the
ubdivision request for Robert Sommer. Motion seconded by Walter
hompson and unanimously approved.
- COMMISSION APPOINTMENTS : Les Bridger and Jerr , - • - . . -
nd cate. - - • . be re-appointed to t, - • • ommission.
Hud Hollenback m. - • __ . . ourn. Motion - - . - - • • Walter
Th.41 . - - . . unanimously approved . Meeting adjourned - • • . .
Don Ashworth
City Manager
, . , ,--- e.--__
CITY OF
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41 CHANHASSEN
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7610 LAREDO DRIVE•P.0. BOX 147•CHANHASSEN, MINNESOTA 55317
��� „ (612) 474-8885
PLANNING REPORT
DATE: November 3 , 1977
TO: Planning Commission, Staff and Robert Sommer
FROM: Bruce Pankonin, City Planner
SUBJ: Subdivision for Robert Sommer
PLANNING CASE: P-411
Petition
As shown in enclosures 1 - 7, Robert Sommer is proposing to divide
outlot C, Bardwell Acres into two building sites. Each of the lots
that are proposed to be created meet or exceed the minimum standards
for which they are zoned. Staff would recommend that the planning
commission find Mr. Sommer' s subdivision request positively consistent
with the spirit and intent of the city' s plan for land use, transpor-
tation, utilities and zoning.
-jjj
Lear j _ bAev.06‘C 0% ' S
C ! TY OF
CHANHASSEN
7610 LAREDO DRIVE'P.O. BOX 147•CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
TO: Planning Commission
FROM: Bruce Pankonin, City Planner
DATE: November 7, 1977
SUBJ : Planning Commission Minutes dated November 2, 1977
Please include the attached under item 9 in your agenda packet for
the November 9th meeting.
CDmN1
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PUBLIC HEARING
MINNEWASHTA REGIONAL PARK
CONDITIONAL USE PERMIT
NOVEMBER 2, 1977
Mal MacAlpine called the hearing to order at 7 :30 p.m. with the
following members present: Dick Dutcher, Les Bridger, Roman Roos , Hud
Hollenback, Walter Thompson, and Jerry Neher. The following interested
persons were present:
Joan Wegler Bockoven, 7010 Ches-Mar Drive
Virginia Harris, Courthouse, Chaska
Ralph and Carol Kant, 3820 Lone Cedar Circle
Marcia Will, 325 George Street, Excelsior
Art Ehalt, Route #1, Waconia
Jerome Aretz , Courthouse, Chaska
William Dilks, Chaska
Gary McEnelly, 6241 Elm Tree
Chris Leiding, 6331 Dogwood
Alan Leiding, 6331 Dogwood
Carleton Wallgren, Watertown
Bill Stelten, Young America
Randy Herman, 6560 Ches-Mar Drive
Roger Oas , 7301 Dogwood
Pat Boyle, 502 Del Rio Drive
Allen Hasse, Cologne
Fran Callahan
Archie Collins, Excelsior
Wm. Jonkunz, Eden Prairie
Carol A. Schmidt, Camp Tanadoona
Arnold Weimerskirch, 2831 Sandpiper Trail
110 Ben Gowen, 6440 Hazeltine Blvd.
Russell Larson, 7301 Laredo Drive
Joe Neaton, Courthouse , Chaska
The City Planner read the official notice as published in the Carver
County Herald. Notices were mailed to property owners within 350 feet
of the property and to all homeowners associations around Lake
Minnewashta.
The property is located on the northeast corner of Lake Minnewashta
and is approximately 400 acres in size. Approximately 50 acres is
on the east side of Highway 41 south of Minnetonka West Junior High
School. The conditional use permit will outline the scope of the
operation of the park.
Pat Murphy, Carver County Public Works Director, gave the presentation.
He explained the background of the park and described the activities
proposed in the park as setforth in the Carver County Master Plan.
is thatpiece of ground on the south, on the ease side
Ben Gowen - Why
so essential to the park?
Pat Murphy - Historically the school district, particularly the
Minnetonka School District and the junior high, have been interested in
this area because of its resources for major education. That same
kind of thing could be used on a broader basis in public ownership.
111 They pointed the types of uses it could be used for in terms of nature
demonstration. Chanhassen' s trail plan shows a connection from this
area generally down to the area of Lake Ann Park then down towards
Lake Riley, Bluff Creek, etc. , down to the river. This becomes a
Public Hearing November 2, 1977 -2-
natural trail corridor. There was an interest in terms of trying to
tie some additional active play area in with what' s already available
at Minnetonka West Junior High. It does have some rather unique features.
Some of the plantings in terms of the way they are arranged and type o�
vegetation that there is, is very good for formalized educational
programs.
Arnold Weimerskirch - Where are the boundaries in the area west of the
Herman property? Are the boundaries only in the marshy area?
Pat Murphy - Yes. It tends to protect this inland.
Arnold Weimerskirch - It follows the contour of the lake.
Pat Murphy - The line that is shown on here doesn't follow the contour
of the lake. It probably catches a little corner of what's presently
wooded. It could deviate slightly. The intention is just to control
the marshy area.
Arnold Weimerskirch - It is not your intent to take any residences.
Pat Murphy - No. We definitely wouldn't. It doesn't include any
residences , the way it's drawn. It is not our intent to buy any
developed or even reasonably developable property on that point.
Gary McEnelly - What is the anticipated staff to police this park?
Pat Murphy - There will be nobody there for the next five years.
We will probably turn the small dwelling on the Herman property into
a residence for a park employee but he wouldn't necessarily be working
here all the time. Our plan for this park is to develop it as we get
regional dollars to develop it. We are assuming that will be five
years off.
Gary McEnelly - I am talking about a developed park.
Pat Murphy - There would be at least one resident employee there and
in terms of how many more are needed, it depends. I am sure for many,i
many years a lot of our maintenance work will be done by roving from
one central location. I am sure there would be one person there all
the time and of course there would be more than that there during
the busy times in the summer.
Gary McEnelly - What is to prevent people from coming from other accesses
onto the lake and bring in boats and traffic so that you end up with
100 boats there, for instance on week ends?
Pat Murphy - The only thing that would prevent it is the general lay
of the land tends to preclude that. The only places that we are going
to touch on that lakeshore is the swimming beach and just an area large
enough to launch boats. Most of the other area tends to get marshy
and mucky.
Gary McEnelly - The whole point all the way around it is sand beach.
Pat Murphy - The only thing that will prevent that from happening is
the policing by park employees or the sheriff. When you consider the
amount of shoreline we would have in here, this is really about the
only area it could happen. I am not saying it won't. It can only be
restricted by signs, by having somebody there often enough to shoo
people away.
Gary McEnelly - How was the determination made that Lake Minnewashta
can withstand that much more traffic and that much more use?
Pat Murphy - I think the determination was made that generally it
can't and that's why the plan is restricted to 30 boats being off of
this park at any one time. The premise being is that this park cannot
solve problems on Lake Minnewashta. The best it can do is not
contribute to problems on Lake Minnewashta. Problems on the lake 411
surface itself or the number of boats on the lake at a time or how
they are used gets into lake surface zoning or other types of controls.
Public Hearing November 2 , 1977 -3-
By limiting the number of boats that can go off through this park
at any one time essentially says we are not going to contribute to
the problem.
• Gary McEnelly - In other words there was not a specific study made
of the existing lake use.
Dick Dutcher - When this park was first proposed, the City of Chanhassen
tried to find out what possible alternative uses could be placed on
the property and balance the use of a park as opposed to for example
residential. There have been specific proposals for that property, i.e.
the Ches-Mar property by the Naegele interests. The city in concert
with the county attempted to project what the potential population
for that acreage would be and that in conjunction with several boat
surveys that were made, projections were made as to the relative
effect of water usage of the lake that would be occasioned by
residential development on this property as opposed to the park itself.
I can't cite specific figures tonight but they are available.
Gary McEnelly - I recall that study and I also recall the point being
made that the land is now zoned agricultural and the same question
would have to be answered if it were to be rezoned into residential
property and the same type of considerations would have to be
made at that time.
Dick Dutcher - True, except that a major portion, as I understand the
entire Herman property and a sizable chunk of the Ches-Mar property
has trunk sewer service to it now and presently has- an assessment.
I am sure you can appreciate that anyone that ownes that property is
not going to keep it. The city can't reasonably preclude development
of the property if there is trunk sewer to it.
Gary McEnelly - I think the park as it is laid out there is beautiful.
It' s just my opinion that the lake just can 't stand any more usage.
Ralph Kant - There is a certain amount of emphasis in that overall
park for educational usage and I was just wondering with the Arboretum
only a mile or two away if that isn't kind of redundent and possibly
unnecessary activity for park land.
Pat Murphy - The Arboretum gave us a letter supporting the inclusion
of Parcels C and D because they see things within that parcel of land
that they would like to be able to utilize themselves that they don't
have on their facility. They are vitally interested in this piece
because they see some species and things in there that they don't have.
Would you explain the camping area. Is that over night camping?
Pat Murphy - Yes, it's over night camping in a very limited scale.
We are looking at space available for 20 tent sites.
Gary McEnelly - What is the total maximum anticipated capacity of the
active area at full capacity?
Pat Murphy - About 2, 000 people. That's controlled by the size of the
parking lot. When the parking lot is full the park is full. We are
closing the gates.
The City Planner read the proposed conditional use permit and explained
the conditions.
Will snowmobiles be allowed?
Bruce Pankonin - The county presently does not allow motorized vehicles
• on any of their property.
Les Bridger moved to close the public hearing. Motion seconded by
Planning Commission Meeting November 2 , 1977 -4-
Dick Dutcher and unanimously approved. Hearing closed at 8 :35 p.m.
SPECIAL PLANNING COMMISSION MEETING NOVEMBER 2, 1977
Mal MacAlpine called the meeting to order with the following members
present: Jerry Neher, Roman Roos, Hud Hollenback, Les Bridger, Dick
Dutcher, and Walter Thompson.
MINNEWASHTA REGIONAL PARK: Pat Murphy, on behalf of the Carver
County Board, expressed some of their concerns with the proposed
conditional use permit. Section 4 .04 Land Stewardship Program.
The southwest and central portions of the Ches-Mar property are
currently rented and under cultivation. The County Board would
like to continue the rental. The County Board would like Section
4 . 04 to be revised as follows: "The land stewardship program will
consist principally of gradually phasing the cultivated land and
turf establishment on Parcel E (Ches-Mar property) , establishing
a tree nursery, beginning prairie establishment on a portion of
Parcel B (Herman property) , providing necessary access control in
terms of gate and fencing, controlling noxious weeds, and to the
extent feasible, controlling dutch elm disease. "
The land rental would help defray some of the stewardship expenses
and would fall in the 1978 to 1982 time frame.
Section 5. 01. Advisory Committee. The County Board recommended that
the Advisory Committee be established when or no later than when
detailed development plans would be prepared. Detailed plans would •
not be prepared for three or four more years. If an Advisory
Committee was formed now and no meetings were called or nothing
starts the committee members would lose interest. The Advisory
Committee has two roles; reviewing the development plans and in
reviewing and recommending in operations of the park.
Members commented on this proposal.
Jerry Neher - I have no problems with it. My basic problem is with
the primitive boat access. I think that could be a problem.
Dick Dutcher - I am wondering whether the county would entertain the
notion that the Carver County Park Commission's representative on
this Advisory Committee be the one from District 1 since this is
the area that that individual would have a direct responsibility for.
Hud Hollenback - I think at the time when the county assumes control
of the land, they have a responsibility and who is to say what it
might be. It may be a bunch of teenagers going over there and playing
hours, or whatever, long before the formal plans are drawn. I don't
see it as the City's duty to police it and worry about it.
Dick Dutcher - That property right now has the same kind of protection
that we are anticipating that it would have in the future. The
policing would be, whether it's by contract or directly from the
county, would still have the same kind of supervision and policing
it has right now. If it' s a problem now then I would anticipate
it would be a problem then. If there is development which encourages
people to come on the property then the situation has changed and II!I think there is an obligation on the county's part to increase
that kind of patrolling, that kind of protection but until such time
as they actually do make a physical change on the property I don't
see that it being any different than it is today. i don't have any
proglems with it based on their past track record. I think they are
responsive to these kinds of things and there has been an interest
' Planning Commission Meeting November 2, 1977 -5-
to try to resolve those kind of issues.
Roman Roos - I am somewhat concerned about the effectiveness of the
Advisory Committee so that we have an on-going review. There is
• nothing set up in this section that says, are the terms staggered or
anything of this nature, so we have an on-going type relationship.
I don't know how we would word this. I think it is essential.
Les Bridger - I would say there should be a body that can be approached
should the occasion arise and a problem exists. If such a body does
not exiSt this may create some problems. I think that's the intent
of this Advisory Committee.
Pat Murphy - The purpose of the Advisory Committee, as I see it, is
to help develop the details of the park and then when it is an operational
park,make sure that it continues to work the way it was supposed to.
Walter Thompson - it seems to me that we have the machinery here for
a committee that can be called together at any particular time if it's
necessary. What is going to be so pressing that you can't take a
week or a month or two months. We are taking six months now on
trying to approve some of our things. I see the machinery there and
I can see it available if and when needed but I don't think we have
to go out and look for these extracurricular activities. If they
occur and it requires an advisory body why then let's establish it.
Dick Dutcher - I have had a working experience with the County Park
Commission and I have seen that they are responsive to these kind
of concerns and I think the suggestion that has been made that they
will take care of those interim problems until such time as an -
on-going and continuing need for an Advisory Committee is formed
is adequate.
Section 6.04 . Size of fishing motors.
Pat Murphy - The idea is to clearly define in our minds what we mean
by the difference between fishing and power boating, water skiing.
We have ten horsepower in our Master Plan. If you want to stick with
ten horsepower I don't think we are in a great position to argue with
you. Our purpose for bringing it out is that I would expect that we
will find enough fisherman that have boats of 12, 15, 17 horsepower
and over the period of a year we will start collectively hearing
complaints about that and it's just a means of anticipating.
Dick Dutcher - Even if we left the ten horsepower restriction in that
the policy of allowing perhaps boats which were marginal, i.e. the
15 or whatever, whether there would be a problem with allowing that
kind of thing provided there were no abuses. If there were abuses
then the City has a lever that they can use.
Russell Larson - I envision that there will be a horsepower limitation
on Lake Minnewashta at some point in time and that horsepower
limitation may be extended to the park.
Section 8. 03 . City Costs. The County Board feels that they should
not have to pay any charges to the City relating to this conditional
use permit.
Pat Murphy - If I were to suggest anything in here, if it could be
closed a little bit because it is very open ended, I can see the
possibility of us getting bills every once in a while from the City,
I would like to do is to get this thing limited to the costs incurred
to the City for other than salaried staff in the preparation and
consideration and not go on to the future.
Dick Dutcher moved to pass the conditional use permit on to the
Council as written with the recommendations as suggested by the
Planning Commission. Motion seconded by Les Bridger and unanimously
approved.
Planning Commission Meeting November 2, 1977 -6-
RECONSIDERATION - REICHERT' S CONSERVATION EASEMENT: Bob Reichert and
Bruce Thompson, Attorney, were present. Commission members discussed
the attached letters dated October 20 and 21, 1977, from Mr. Reichert.
Les Bridger moved to reconsider the Planning Commission's action of •
May 25, 1977. Motion seconded by Walter Thompson. The following voted
in favor: Walter Thompson and Les Bridger. Mal MacAlpine abstained.
Dick Dutcher, Roman Roos, Jerry Neher, and Hud Hollenback voted no.
Motion defeated.
COMMUNITY FACILITIES STUDY COMMITTEE: Pat Boyle, Gary Eastburn,
Nick Waritz, Les Bridger, and Paul O'Dell, Community Facilities
Study Committee, were present. Discussion was held on future
community facilities in the City, i.e. renovation of old St. Hubert's
Church for a library, new city offices, public works garage, police
facilities, plus an up coming referendum. It was generally felt
that the Hanus property would not be suitable for city officer,
garage, and library because of the limited parking and extensive
renovation required. A site along proposed MSAS 101 was discussed.
No action was taken.
Roman Roos moved to adjourn. Motion seconded by Jerry Neher and
unanimously approved. Meeting adjourned at 10 :30 p.m.
Don Ashworth
City Manager
•
411
LAW OFFICES
JOHNSON , THOMPSON, KLAVERKAMP JAMES
A PROFCSSIQNAL ASSOCIATION
RICHARD W.JOHNSON 4444 10 S CENTER
} IRUCI F.THOMPSON80 SOUTH EIGHTH STREET
PA
PAUL N.KLAVLRKAMPERKAMP
ORUCC D. MINNEAPOLIS,MINNESOTA 55402 TELEPHONE
RICH
ARD J..KCCNAN KEE
R.O.ESTES 1612) 336 4548
ROGER A.JOHNSON
JOHN D.PARSINEN
DONALD P. NORWICH
RICHARD MASSOPUST,JR.
JAMES WM.RUSTAD
JOSCPH ALEXANDER
RICHARD S.GOODMAN
ROSERT A.LEVY October 70, 1977
PATRICK J.MCLAUGHLIN
Mr. Robert Reichert
640 Pleasantview Road
Excelsior, Minnesota 55331
Re: Reichert' s Addition, Village of Chanhassen
Dear Mr. Reichert:
I have examined the document which is captioned "Per-
petual Conservation Easement" and have the following comments
regarding same.
According to the agreement you would convey to the city
a right in your property benefitting other property owned by
• the city which is not adjacent or contiguous to your parcel
of land. The stated purpose of the easement is to preserve
the economic and recreational values of the city' s land.
However, there is no obligation on the city whatsoever to
preserve the values of your land. If you entered into such
an agreement, the city could develop its land into parks,
playgrounds, boat landings and docks, which could adversely
affect your parcel of land if the city' s theory of preventing
unrestrained development and urbanization of the lands
abutting the waters of Lotus Lake has any validity. The
present council members of the Village of Chanhassen cannot
bind what future councils might do with the city' s land, so
you absolutely have no protection whatsoever as to future
development unless the city is willing to enter into a
similar agreement recordable in form whereby they agree not
to develop any lands that they presently own or hereafter
acquire on Lotus Lake. In addition, an ordinance should be
passed prior to your giving of such an easement which requires
all owners of undeveloped lands on Lotus Lake to enter into
a similar agreement. The agreement as drawn is arbitrary
and capricious in that it singles out your property, and
your property alone, as I understand it for imposi f
such restrictions. "\? 56 .
411
r. NCs1vEp ;r
*'•. ��IL 1-PH of„'
r CHA M1• J. r 4
e,.
• Mr. Robert Reichert
November 1, 1977
Page 2
Obviously the easement as drawn is nothing more than a
condemnation of your property without payment. You would
continue to own the land and have to pay taxes on same. If
you let the taxes go by default and the city acquires the
property, the easement would likely be extinguished if the
agreement was signed in its present form.
If the city desires to deal with all owners of undeveloped
land on Lotus Lake fairly, it would seem to me that your
suggestion that a deed be placed in escrow, to the outlots
only, would be an indication of good faith on your part in
attempting to work with the city to accomplish their desired
goals. On the other hand, if the city refuses to proceed in
this fashion and demands a signing of the Perpetual Conser-
vation Easement as consideration for their signing the plat,.
I would recommend an immediate mandamus action against the
city be commenced as it is an obvious attempt to condemn
your property, depriving you of the use of same, leaving you
with title to same and the requirement to pay taxes in
perpetuity.
ID If you have any further estions regarding same,
please advise.
Y urs very truly,
:;;;;L.,
Bruc F. Thompson
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•
•
October 21 , 1977
411
Mr. Bruce Pankonin
City Planner
City of Chanhassen
8710 Laredo Drive, P.O. Box 147
Chanhassen, Minnesota 55317
Dear Bruce:
Please place my application for plat approval before the
Planning Commission meeting of October 26, 1977.
At your request I am providing the "written correspondence
outlining the basis" for considering my request. This letter
includes the "suggested safeguards" as well as a review of
the possible tools which might be used to accomplish the
desired goals.
FIRST let me say that I feel that the "Perpetual Conservation
Easement" is an extremely dangerous "tool" to use in an
effort. . ." to preserve the natural environmental values of
the shoreland and to prevent deterioration of it's scenic
•
qualities and further to prevent erosion and destruction
of marsh land vegetation and to prevent the loss of fish
and wildlife habitat areas." A more desirable method
would be to control the use of lakeshore by Enforceable
Ordinances.
There are apparent legal problems intrinsic to the "domin-
ant and servient" interests which would plague the private
property owners and the City in the future. (See Legal Opin-
ion, Exhibit A).
As pointed out in Mr. Gustafson's letter dated September
23, 1977, "at the time the plat was approved, on June 6,
1977, no Ordinance then existed in the City of Chanhassen
providing for a uniform set of rules protecting the City's
shoreland areas, such an Ordinance was adopted on July 18,
1977. Said Ordinance applies to all shoreland area in
the City of Chanhassen and serves to provide for a uniform
method of regulating the development and/or preservation
of said shoreland areas within the City."
According to the City Attorney' s report dated October 6,
• 1977, "It should be kept in mind that the City' s shoreland
ordinance, Ordinance 65, is only an interim ordinance,
which was adopted pending the development of a more
comprehensive shoreland ordinance."
It seems inconsistent that a Perpetual Easement is
necessary to rectify an interim problem.
REC r s>>
ft02:07ed
• - 2 - •
SECOND
• There has been another "tool" mentioned which might
effectively be used. This method was discussed in the
May 6, 1977 Planning Report. The Declaration of Covenants,
Conditions and Restrictions (Exhibit B).
"The Planner recommends the Planning Commission find the
rezoning petition to be positively consistent with the
spirit and intent of the City' s Plan for land use, utilities
and transportation. Further, the Planner recommends the
planning commission act favorably on the proposed sub-
division conditioned upon the filing of restrictive cov-
enants as amended by this planning report."
The recorded Covenants would also put the individual pro-
perty owners on notice that there are DNR regulations and
ordinances affecting this land. The City Attorney's letter
of October 6, 1977, indicated concern that "Ordinance 65
will not appear on all Attorney's examination of Title."
The Covenants could emphasize the fact that ordinances and
DNR regulations do exist.
These Restrictive Covenants have been amended accordingly.
• This appears to be a proper alternative.
THIRD
There is always the possibility of the City acquiring
the land along Lotus Lake by negotiations or by condem-
nation. The proposed Perpetual easement is a form of
condemnation. The Attorney's opinion, from Johnson, Thompson,
Klaverkamp & James, should be considered before entering into
any negotiations for easements or takings. (Exhibit B)
It is my opinion that Ownership or complete control by the
City is undesirable since the adjacent property owners would
not have the necessary "pride of ownership" to keep the areas
clean and free from public trash. Public access is also
contrary to the "Spirit and intent" of what we have been trying
to accomplish.
Private ownership appears to be the "Highest and Best Use"
of this land. it seems inconsistent to deprive private
property owners the right to use Lotus Lake while encouraging
others to "Muck it up":
All lakeshore should be controlled with equal protection.
• Private property rights should also be preserved.
The same restrictions metered-out to private lakeshore
(for the protection of the natural environment) should be
applied to City owned lakeshore.
FOURTH
Another alternative was discussed with the Planner and men-
tioned only briefly at the October 12, Planning Commission
meeting.
111
- 3 -
FOURTH (Continued)
• It was suggested that the proposed Reichert Plat be "split"
with just the buildable lots approved for platting at this
time.
We don't believe that this is the answer but we are willing
to reopen this discussion if the Planner on the Planning
Commission feels that this suggestion has merit.
We have previously discussed the differences between the
Ordinance 65 and the "Perpetual Conservation Easement"
(See Exhibit C) and find that many of the Conditions overlap.
PROPOSAL
In light of the various suggestions and anticipating the
need for time, in order to set-out ".the development of a
more comprehensive shoreland ordinance", it is my proposal
to deed the outlots to the City of Chanhassen (similar to
a Mortgage Deed) and have it recorded. The Deed and a signed
Release could be escrowed at the Chanhassen State Bank for
a period of one year or 18 months pending "the development of
a more comprehensive shoreland ordinance."
• In this way I would be showing "good faith" toward accomplishing
our mutual goal . It would have to be understood that during
that time the City would place similar restrictions on all
undeveloped lakeshore and would abide by the "Spirit and Intent"
of this action. The escrow agreement could be worked out
between the City Attorney and Bruce Thompson of Johnson,
Thompson, Klaverkamp & James, Attorneys.
Thank you for your consideration.
Sincerely,
•
ober eichert
RJR:
cc: Don Ashworth, City Manager
John Neveaux, City Councilman
Bruce Johnson, Attorney
41/
•
DIFFERENCE BETWEEN EASEMENT & ORDINANCE
This is a summary of the difference between the proposed
"Perpetual Conservation Easement" and the new Shoreland Manage-
ment Ordinance No. 65, which was reportedly adopted on July 18,
1977.
No. 1
The easement restricts the outlots to "No buildings, roads,
driveways, signs, billboards, docks or structures of any kind,
whether on, in, or above the ground---" and none of the above
will be allowed ,to remain.
•The New Ordinance, which incorporates the DNR Regulations
82, 83 and 84, allow for control by the city with provisions for
permits in case of "reasonable" need. The existing docks could
remain. Permanent docks could be approved by permit. Dredging
or filling could be accomplished by permit.
No. 2
• "No soil , sand or ---
" could be placed on these outlots
under the proposed easement. Whereas the DNR Regulations provide
for some possibilities by permit. If there ever becomes a need
to dredge or fill or to remove debris from the lake because of
drought, flood or storms (such as we had in 1965) there would be
no way that this could be accomplished under the easement where
under Ordinance No. 65 a permit could be taken out for "reason-
able" cause.
No. 3
"No marsh land vegetation located on the servient estate or
in public waters shall be destroyed or removed". There might be
a need to remove undesirable or noxious weeds in the future. The
DNR Regulations provide for these controls by permit whereas the
proposed easement actually ties the owners hands.
No. 4
"No loam, peat, gravel , soil , sand, rock, or other materials
or substances shall be excavated---". This section would prevent
the owner of these lands from gardening or planting on these lots.
The future use of these lots for any purpose other than to "Look
at them" seems to be intended. The Ordinance which was adopted in
• July, 1977, would not disallow use but would control use.
No. 5
"No motorized boats or motorized watercraft shall be launched
into the waters of Lotus Lake from this property". This seems to
be much more restrictive than the DNR provisions. Even though
part of this land abuts a "spawning bPd", the State does not expect
land owners to be excluded from using the lake. The DNR represen-
tatives have indicated the following:
{'[ • + •
f,_y
• Control speed of power boats in spawning beds
• No fishing during May 15 - July 15
▪ Not allowed to drag anchor
• Property owners can "motor in" at slow speeds
• Shore owners have reparian rights ( including
access)
The DNR representatives indicated that they plan to reevaluate
the need for this spawning bed. There are other areas around
Lotus Lake which have also been posted (or may be posted in the
future). In 1967 the lake was stocked with 200,000 walleye pike.
In 1974 the Fish & Wildlife Department accomplished a test netting
which produced the following results:
( 1 ) No Northern Pike
(2) No Bass
The conclusion was made, that the 1970 winter kill contributed
to the loss of bluegill and bass. There appears to be a need to
•
seine out the carp which infest this area and restocking should
follow. A study by the Fish and Wildlife Department will be made
soon. Their recommendations should be taken into consideration by
the city. The zoning and planning ordinances allow flexibility.
The easements do not.
No. 6
Same as No. 5.
No. 7
Is the intent of all private property owners and the city of
Chanhassen. We hope all future zoning laws and planning ordinances
follow this course.
In summary it appears that Ordinance No. 65 covers many of
the same ideas as the proposed "Perpetual Conservation Easement".
The main difference is that Ordinance No. 65 allows for the flex-
ibility of change. Variances or permits under this ordinance are
possible in situations where "reasonable or warranted" reasons
for change are submitted. An easement in-perpetuity, on the other
hand, is too restrictive.
•
CIT'{ OF
• ; frf CHANHASSEN
e„ ,
7610 LAREDO DRIVE•P •
0. BOX 147•CHANHASSEN, MINNESOTA 55317
�t = \ (612) 474-8885
MEMORANDUM
DATE: November 3 , 1977
TO: Planning Commission and Staff
FROM: Bruce Pankonin, City Planner
SUBJ: Housing and Redevelopment Authority (HRA) Tax Increment Proposal
Attached hereto, for your consideration and review, is the Chanhassen
Housing and Redevelopment Authority' s Tax Increment Plan for the
downtown area. I trust you will have time to review this document and
after planning commission discussion on Wednesday night, will find
this tax increment proposal to be consistent with the spirit and intent
of the city' s plan for development of the downtown area.
Wis1(
C ITY
of
)4r :441;7: CHANHASSEN
7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317
q1, (612) 474-8885
MEMORANDUM
TO: Planning Commission and Staff
FROM: Bruce Pankonin, City Planner
DATE: November 3, 1977
SUBJ: Community Facilities Study Committee
I would like to spend 15 minutes discussing, in more detail, the
proposals suggested by the Chanhassen Community Facilities Study
Committee.
SPECIAL PLANNING COMMISSION MEETING, SATURDAY, APRIL 30, 1977
Mal MacAlpine called the meeting to order at 8 :00 a.m. with the
following members present: Hud Hollenback, Jerry Neher, Les Bridger,
Walter Thompson, Roman Roos, and Dick Dutcher. In addition to Planning
Commission members the following individuals were also present:
Shirley Chellis and Gary Eastburn from the Park and Recreation
Commission, Mayor Walt Hobbs, City Engineer Bill Schoell , and City
Planner Bruce Pankonin.
The purpose of this special Planning Commission meeting was to tour
the following residential planned developments:
1. Archer Heights. Archer Heights is an apartment project, located
in the City of Minnetonka, built at a density of approximately 20
dwelling units per acre. This project was the last HUD Section 236
Project funded in the United States. The project was not completed as
scheduled, and therefore a portion of the amenity package (pool and
landscaping) was not completed. Within Archer Heights there is some
Minnesota Housing Finance Agency's rent assistance.
2 . geconwood. Beconwood is a residential planned unit development*_
located in the City of Minnetonka. This development is a classic
example of a cluster plat built at 8 dwelling units per acre. The
uniqueness of this plat is the ability of the homeowner to either rent
or purchase the property directly underneath the principal structure.
3 . Groveland Assembly Grounds. Groveland Assembly Grounds is a cluster
plat, platted in the early 1900 's. All of the land is owned by an
association of homeowners with the homeowners owning the principal
structures and leasing the land from the association.
4 . Ban Con Chelsea Woods. This planned unit development is located
in the City of Plymouth and built at a design density of 3 .5 dwelling
units per acre. This cluster plat contains single family detached
houses and townhouses.
5 . MIP Industrial Park. The Planning Commission and guests toured
MIP Industrial Park and noted the industrial park has absorbed
approximately 300 acres of land and has a work force of approximately
5 ,000 employees. Parenthetically, this is approximately the size
industrial area yip Chanhassen anticipates to be absorbed between the
present and 1990.
6. Dover Hills. Dover Hills is a residential planned unit development
built in the City of Golden Valley. This project was financed by a
HUD Section 236 mortgage guarantee. The design density of Dover Hills
is approximately 25 dwelling units per acre and contains rental
apartments, rental townhouses and senior citizens center. The
uniqueness of this planned unit development is the fact that the City
of Golden Valley used Community Development Block Grant Funds to
finance a neighborhood park for the residents of the area.
7 . Hidden Villages. Hidden Villages is a townhouse development
developed at a design density of 11 units per acre and located in the
City of Golden Valley. This project is unique in that it is a
relatively high density townhouse development but the spaciousness
of the project and the attention to detail the contractor paid gives
one the feeling of not being too confined.
Planning Commission Meeting April 30 , 1977 -2-
8 . Tour of the Near North Side. The Planning Commission toured the
near north side of Minneapolis and noted Minneapolis 's attempts to
provide safe and adequate housing for the city ' s poor. Specifically,
the Planning Commission noted single family homes , single family home
conversions , townhouses, low rise apartments , and high rise apartments .
9 . Apple Place. The Planning Commission and guests toured the Apple
Place Center , a bowling alley built in the City of Apple Valley.
Particular attention was given to the siting of the principal structure
on the site, "landscaping" , and signage details of the principal
structure.
10 . Pemton ' s villages at River Woods . This planned unit development,
developed at a design density of 5 dwelling units per acre, is located
in the City of Burnsville. Of particular note in this planned unit
development was the fact that sidewalks were constructed on both sides
of the collector street, which penetrated the neighborhood, the
attention to detail paid by Pemton in constructing of the neighborhood
center on County Road 32 and a general good layout and design of the
single family and townhouse area.
11 . Penton' s Burnamwood and Waldyn Developments . Burnamwood and
Waldon is a single family, condominium, and townhouse residential
planned unit development. The Commission paid particular attention
to the open space systems, amenity package, and mixing of different
types of residential units .
The Planning Commission returned to City Hall at 11 :30 a.m.
Don Ashworth
City Manager
t
CITYOF
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t CBANBASSEN
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7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317
4,...- . .
lril (612) 474-8885
MEMORANDUM
DATE: November 3, 1977
TO: Planning Commission and Staff
FROM: Bruce Pankonin, City Planner
SUBJ: Appointments to Commission
Pursuant to city ordinance 28, the Planning Commission should
recommend a replacement for Dick Dutcher from among the candidates
interviewed this past month.
300 METRO SQUARE BLDG.
ST. PAUL, MN. 55101 •
General Office Telephone (612) 291-6359 •
/9 1
i .;•�;;- - 1, 1
THE METROPOLITAN COUNCIL'S ,"'.=°.
MR. R N BUTCHER
COMMISSIONER
onthly
CHANHASSEN PLAN COMM
6331 ELM TREE AVE
EXCELSIOR MN 55331
Review
FOR COMMUNITY LEADERS
For more information on items
mentioned in this publication, call the
Public Information Office at 291-6464. !, _ -
January 1978 OTHER PLANNING ACTIVITY
THE MONTH OF DECEMBER IN REVIEW The Council approved a goals document as part of its
social framework planning activity. The goals document is a
starting point for broad public discussion about what the
TWO REGIONAL PLANS REVISED Region might like to accomplish in the social services area.
The report includes a description of social trends and pros-
The Council adopted a new regional aviation plan and made pects for the future in the Twin Cities Area. The goals will
a number of amendments to its Development Framework, also form the base from which the Council will begin to
or"guided growth"plan in December. consider regional policies in the social area(see Social Goals
Conference announcement below).
Aviation Policy Plan —The new plan was approved after In transportation planning, the Council adopted a report
the incorporation of several amendments that reflect con- spelling out how about $70 million in federal Interstate
cerns about the plan expressed during public hearings.The Highway funds would be allocated to other transportation
new plan replaces the Airports Guide Chapter of the Coun- projects in the Region.The $70 million would be available
cil's Development Guide adopted in 1972.Major features of if proposed I-335 in Minneapolis is not built. Hearings were
the new plan include elimination of provision for a second also held during the month on criteria to be used to deter-
major airport in the northern part of the Region,upgrading mine the need for and size of bridge crossings in the Region.
Anoka County Airport to intermediate status, a designation The hearings were held in those parts of the Region where
comparable to that assigned to St. Paul Downtown Airport, bridges are an issue.
and designation of"search areas"for a minor airport in In arts planning, the Council made its first direct alloca-
northwestern Hennepin County and a minor airport in tion of state arts funds to area projects. Under a new desig-
s utltern Dako-ta County-.One arneudnicat ecLif sthat - natiou, the Count -preparesa icgi,m d plan fortlte- eiop-
the Council will consider changing the Anoka field back to ment of the arts and allocates state funds to applicants
minor status if it is determined use of the facility as an from the Region.
intermediate airport will have "excessive"environmental More than 3,000 applications have been accepted under
impacts. This determination would follow development of the Council's HRA rent assistance program since July 1977.
a detailed master plan to be prepared by the Metropolitan In December, the Council suspended taking applications.
Airports Commission.Another amendment states that the The current waiting list is more than 2,000.
Council supports revision of a state law that adversely
affects homes near existing airports in zoning matters.
ADVISORY COMMITTEE APPOINTMENTS
Development Framework —The new amendments
strengthen policies to control urban encroachment in rural The following appointments were made to advisory coin-
portions of the Region;revise regional population, house- minces in December. Named to the Solid and Hazardous
hold, employment and land demand forecasts;place Dell- Waste Advisory Committee: Steven Pederson, Cottage
wood in the rural rather than urban service area of the Grove;Stanley Cowie, St. Louis Park;Carol Trusz-Masuda,
Region, a change sought by the city;assign a new planning St. Paul;Jesse Miller,Anoka, and Barbara Kelley, Bloom-
area designation, "Proposed Freestanding Growth Centers," ington.Appointed to the Land Use Advisory Committee
to St. Francis and Maple Plain,and provide for several new was Thomas Spies, Bloomington.
policies designed to help revitalize the Region's Fully Devel- John Waldron of Minneapolis was appointed to the
oped area.The Aviation and Development Framework Emergency Medical Services Advisory Committee. Russell
amendments were transmitted to local governments for in- Heise of St. Louis Park was named to the Metropolitan
corporation of the data in local comprehensive plans being Health Board.
prepared in accordance with the 1976 Metropolitan Land ' The Council is now taking applications for three vacan-
Planning Act. cies on the 208 Water Quality Management Advisory Com-
mittee. The committee assists the Council in developing a views on a new or remodeled sports facility in the Metro-
new water quality management plan for the Region. politan Area.The hearing in the Metropolitan Area is set
To be eligible for appointment, candidates must reside for 11 a.m.January 18 in the Metropolitan Council offices.
in Council district 5 ( the northwest quarter of Minneapolis Written comments are also encouraged and should be
plus Robbinsdale), 13 (central Anoka County)or 14(Wash- addressed to Dan J. Brutger, commission chairman,402
ington County, plus eastern Anoka and eastern Dakota Metro Square Bldg., 7th and Robert Sts., St. Paul 55101.
County). Remaining hearings are scheduled in Brainerd, St. Cloud,
For more information or application forms, contact Rochester, Fergus Falls,Bemidji,Hibbing and Duluth.
Rosemarie Johnson of the Council staff at 291-6461.
SOCIAL GOALS CONFERENCE
NEW PUBLICATIONS
The Council is holding a day-long conference on Feb-
Planning for the Needs of the Developmentally Disabled. ruary 6 on setting social goals for the Region.The purpose
January 1978.The 8-page brochure describes the Council/ of the conference is to get the public's ideas about regional
Metropolitan Health Board planning program for the devel- goals in the human resources area.
opmentally disabled.Order free copies by calling 291-6464. The conference is one step in the formulation of a social
framework plan at the Council.Conferees will review and
evaluate a social goals statement,Prospects,Resources,
THE MONTH AHEAD Choices for the Twin Cities Metropolitan Community,
December 1977, developed by the Council and participate
MARK YOUR CALENDAR FOR FEBRUARY 15 in a discussion of social trends and prospects in the Twin
Cities Area.
The Council will sponsor a half-day"State of the Region" Registration is required by January 26.The conference
program in Minneapolis on February 15 to evaluate metro- fee will be $3.50,to pay for the luncheon.The conference
politan systems and services in the Twin Cities Area. Speak- will be held at the St.Paul YWCA, 65 E. Kellogg Blvd.,
ers are being selected to stimulate discussion on such ques- from 8:30 a.m. to 4 p.m.
tions about metropolitan services as: Are they effective? For more information or to get registration forms,con-
Coordinated? Do they support or frustrate the physical, tact Bill Monahan of the Council staff at 291-6350.
social and economic objectives of the Region?
Speakers are being invited from outside the regional
service structure who are well versed in the physical,social AFFORDABLE HOUSING CONFERENCE
and economic development fields.
Mark your calendar to save February 15 (from 9 a.m. to The Council and the Association of Metropolitan Muni-
1:30 p.m.).More information about the program will be cipalities are sponsoring a housing workshop that will be
announced in the next issue of the Monthly Review. given three times in January and February.The topic is
The program is a continuation of the State of the Region affordable housing in the'80's,and is designed for city
evaluation begun last year by the Council.This year's event managers,adminstrators,clerks and planners.Topics will
has a more specific focus on metropolitan services. include the housing situation in the Region, alternatives
open to local government and review of housing standards
developed by the two groups.
SPORTS STADIUM LOCATION HEARINGS Remaining dates are January 25 at the Thunderbird
Hotel in Bloomington and February 1 at the Ramada Inn
The Metropolitan Sports Facilities Commission is holding in St.Paul. Sessions will run from 10 a.m.to 4:30 p.m.
ten public hearings this month and in early February There is a fee of$7.50. For more information,contact
throughout the state to give people a chance to air their Joanne Barron of the Council staff at 291-6385.
300 METRO SQUARE BLDG.
ST. PAUL, MN. 55101
General Office Telephone (612) 291-6359
THE METROPOLITAN COUNCIL'S
II4onthIy MR. R h CUTCHER
CCMNISsioNER
CHAINHASSEN FLAN COMM
6331 ELM TREE AVE
Review EXCELSIOR MN 55331
FOR COMMUNITY LEADERS
For more information on items
mentioned in this publication, call the
Public Information Office at 291-6464.
December 1977 METROPOLITAN SIGNIFICANCE
THE MONTH OF NOVEMBER IN REVIEW The Council approved its rules and regulations for the
review of matters of metropolitan significance based on a
PLANNING ACTIVITY 1976 state law requiring the Council to do so. The rules and
regulations contain definitions of what constitutes develop-
In health planning, the Council endorsed a conclusion ment of metropolitan importance. In addition, it contains
reached by the Metropolitan Health Board that most pro- detailed procedures to be followed in making a determina-
posed capital expenditures by health care facilities in the tion of whether a proposal is of metropolitan significance.
Region can and should be postponed until a regional health Council adoption does not in and of itself put the reg-
facilities plan can be prepared. ulations into effect. The rules and regulations are presently
The health board has asked Area hospitals to agree to being reviewed by several units of state government.
a voluntary two-year moratorium on hospital capital ex- The proposed metropolitan significance regulations were
penditures. The board has just begun a two-year hospital twice the subject of public hearings held by the State Office
planning program and was expecting to be receiving several of Hearing Examiners.
major hospital expansion proposals during the period.
The hospital planning is being conducted in conjunction
with Area hospitals. NEW PHYSICAL DEVELOPMENT COMMITTEE
CHAIRMAN
In hazardous waste disposal planning, Council represen-
tatives participated in public information meetings held Marcia Bennett, Columbia Heights, was named chairman
during the month concerning "search areas" being looked of the committee by Council Chairman John Boland.
at as possible locations for a hazardous waste disposal site. Bennett has served on the Council since January 1975 and
_- The Council has representation on a-ieeringcommitree as vice-chairman of the Committee-since that time.She
made up of representatives of the governmental organiza- chaired the Council task force which completed a major
tions involved in the study. Because of strong opposition report on the Fully Developed Area of the Region earlier
from the public in both search areas under consideration, this year. She succeeds Robert Hoffman, Bloomington,who
the steering committee at month's end decided to seek resigned from the Council.
legislative direction about the project.
In other planning activity, the Council held public hear- ADVISORY COMMITTEE APPOINTMENTS
ings on proposed amendments to its Development Frame-
work plan and the regional Aviation plan.The Framework The Council appointed David Wilk of St. Paul to the
amendments, if adopted, would reduce long-range forecasts Regional Arts Advisory Committee and Mrs. Delores
of the Region's population,employment and households. Dinzeo of Stillwater to the Metropolitan Health Board.
In addition, policies would be added for the Fully Devel- The Council decided to make the Inter-County Ad Hoc
oped Area and the Rural Area. Airport plans under public Committee on 911 Financing a standing technical advisory
scrutiny would eliminate planning for a second major air committee of the Council.The 14-member committee will
carrier airport and make a number of changes in plans for advise the Council on the technical and financial questions
satellite airports (general aviation airports within the about implementing the 911 emergency telephone system
Region). Formal adoption of the Development Framework in the Region. The committee was renamed the 911 Techni-
amendments and the Aviation Policy Plan is expected in cal Advisory Committee.
December. The Council is continuing to take applications for 16
•
positions on the Council's Advisory Committee on Aging. TWIN CITIES PLANNING:
The committee focuses on the needs of the elderly in the AN "INSIDERS" VIEW
Region and assists the Council in developing plans and
programs to meet those needs. The Center for Urban and Regional Affairs of the Uni-
Persons interested in becoming candidates should obtain versity of Minnesota has announced publication of Inside
application forms from Rosemarie Johnson of the chair- the Minnesota Experiment, September 1977,by John
man's office, 291-6461. Applications must be received by ' Vance.The work is a personal recollection of experimental
December 23. planning and development in the Twin Cities Metropolitan
Area. Vance was a staff member during the 10 years of the
Metropolitan Planning Commission and spent five years on
METROPOLITAN SPORTS FACILITIES the Metropolitan Council staff.
COMMISSION The publication also serves to introduce researchers to
the Vance Papers— working papers that focus on urban
The commission decided to drop the proposed site in planning,particularly the Metropolitan Planning Commis-
Eagan from further consideration as a location for a new sion and the Council.Copies of the 117-page publication
sports facility.The action was based on an Eagan City are available through the Center offices free of charge by
Council vote to withdraw its support for the site.The calling Laurie Christenson at 373-7803.
present Bloomington site and the proposed Industrial
Square site in downtown Minneapolis are still under
consideration. THE MONTH AHEAD
The commission formally took over the Metropolitan
Sports Area on December 1. SPECIAL PUBLIC MEETINGS
The act setting up the commission empowers it to take
title to the sports area in Bloomington and to manage its Proposed Major River Crossing Criteria—The Major
operations. River Crossings Task Force of the Transportation Advisory
The commission replaces the Metropolitan Sports Area Board is holding three public meetings to get public reaction
Commission,which has operated the area since it opened to criteria it has developed to set priorities for funding and
21 years ago. construction of major river crossings in the Region.
Hearing dates:
— December 13, Nicollet Jr. High School,400 E. 134th
NEW PUBLICATIONS St., Burnsville.
— December 14,Community Room, Brooklyn Center
Self Defense:Building a Regional Emergency Medical City Offices,6301 Shingle Creek Pkwy.
Services System. November 1977.The 10-page brochure — December 15,Metropolitan Council Chambers.
describes the elements of the emergency medical system Meetings will begin at 7 p.m.Copies of the one-page
and explains the Council's new planning program.No Proposed Major River Crossing Criteria are available by
charge for copies. calling 291-6464. For more information about the meet-
Residential Building Permits in the Minneapolis-St.Paul ings, contact Steve Alderson of the Council staff at
SMSA January June 1977. Social and Demographic Report 291-6337.
No. 21. November 1977.The report contains building per- Water Resources Planning—The Minnesota Water Re-
mit counts and valuations for each community in the 10- sources Board is holding a special meeting to get public
county standard metropolitan statistical area.Numbers of ideas about water-related problems and issues it should
single-family and multi-family units are compared with the address in state water resources planning.The meeting is
same period in 1976.The 17-page report documents the scheduled for 7 p.m. December 12 in the Metropolitan
spurt in single-family housing during the period and contains Council Chambers. For more information, contact the
some interesting comparisons between the seven Metropoli- board offices at 296-1424.
tan Area counties and Wright,Chisago and St. Croix
-counties.No charge for single copies. - -- -
To order publications,call the Council's Public Informa-
tion Office at 291-6464.
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C I TY CI F
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to.. . v''''''' , CHANHASSEN
,. :
1 1 7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: November 7 , 1977
TO : Planning Commission
FROM: Bruce Pankonin, City Planner
SUBJ: Planning and Zoning Institute
As shown in the attached announcement, the State Planning Agency
will be sponsoring a planning and zoning seminar on December 15 and
16. If any of the commission members are interested in attending
this seminar, please let me know and I will have the city pay your
registration fee.
If you can find the time to attend this seminar, it would be worth
your while.
- -
Tiannitj and- Zoning Tn5rirt'ire
on
cTrowrh Mank\J a ement
t •
\kr
Tecernl er 15 & Ib, 197T.
Sponsored by State Planning Agency
For Planning Commissioners , Elected Officials & Planners
Registration Fee: $30.00
Registry Hotel , Bloomington