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1983 03 09 PLANNING COMMISSION MINUTES REGULAR MEETING MARCH 9, 1983 ~ CITY COUNCIL CHAMBERS Chairman Conrad called the meeting to order at 7:37 p.m. Members Present J. Thompson, Merz, Albee, Conrad, Ryan, Noziska, and M. Thompson. Absent none Staff Present craig Mertz, City Attorney; Bob Waibel, City Planner; Vicki Churchill, Secretary. Public Present e Thomas Klingelhutz Bob Hendrickson V.C. Wirtz Daniel Teich Jim Sulerud Michael Murphy Kathy Murphy Lynne Pilgrim Al Klingelhutz H. Ray Brenden John Hennessy Merrill Steller Richard Vogel Dave Luse Bruce Goldstein 8551 Tigua Circle, Chanhassen Box 176, Chanhassen 1620 Koehnen Circle, Excelsior 10151 Great Plains Blvd., Chaska 730 Vogelsberg Trail, Chaska 8021 Cheyenne Spur, Chanhassen 8021 Cheyenne Spur, Chanhassen 8026 Dakota Ave., Chanhassen 8601 Great Plains Blvd., Chanhassen 6730 Galpin Blvd., Excelsior 7305 Galpin Blvd., Excelsior 1931 Crestview Drive, Excelsior 105 pioneer Trail, Chaska 8056 Rose Street, victoria 600 NW Nat'l Bank Building, St. Paul Extension of Limted Fast Food Restaurant Moratorium Mertz summarized briefly that the City Council enacted a limited six (6) month building moratorium on August 23, 1982, which pro- hibited the construction of any fast food restaurant in the Park Two Business Park, in the Dakota Avenue/Hwy. 5 vicinity (Outlots 1 and 2 of Chanhassen Estates), and on the undeveloped property adjacent to CPT. This moratorium expired February 23, 1983. Staff recommends that the moratorium be extended for another twelve (12) month period to allow additional time for preparation and adoption of revised zoning regulations. Following Mertz's summary, Chairman Conrad asked the public pre- sent if anyone had any input on this item. - M. Murphy - I am tired of extending this moratorium. I think we have not passed what has been talked about - possibilities of other fast food restaurants coming in. I would also like to find PLANNING COMMISSION MINUTES MARCH 9, 1983 PAGE 2 e out if the Planning Commission has finished the new zoning regu- lations that they talked about in August of 1982, where neigh- borhood industrial or neighborhood commercial. Conrad - We are reviewing all zoning in the City right now. We are reviewing all ordinances and it's a long process, but we did hire a consultant to expedite the process. Even one ordinance we find that once you get into it, it takes a great deal of time. M. Murphy - Well then since we're not ready to do anything with that zoning ordinance, I think that it would probably make alot of sense not to recommend that we need a moratorium. K. Murphy - My concern is that since McDonald's is currently going up on the corner and not open, we have no idea of how much traffic is going to be generated there, that is our only entrance in and out of the subdivision, that is the only access on that frontage road and I feel that there shouldn't be any other building in that area. We don't know how much traffic is going to be generated there. Conrad asked if there were any other comments. e M. Thompson moved, seconded by Albee to close the Public Hearing, all voted in favor and the motion carried. M. Thompson asked why the staff was asking for 12 months. Waibel stated that they were looking at the time frame the Planning Commission set aside to revise the zoning and Subdivision amend- ments. Mertz explained that the Planning Commission's options were to recommend that 1) this be continued as is, and 2) recommend that the present moratorium be allowed to expire, and 3) to recommend some specific amendment to perhaps the Cl, C2, and C3 permitted uses or the conditional uses in those zones so as to rule out fast food restaurants. If you choose the third alternative you would have to schedule another public hearing to properly give notice to the public that you are proposing to make an amendment to the ordinance itself. Merz asked it there were any other applications for further construction in the area. Waibel stated there were no other applications at this time. J. Thompson moved, seconded by Ryan, to extend the moratorium for another twelve (12) month period to allow additional time for preparation and adoption of revised zoning regulations. All voted in favor except M. Thompson, motion carried. e M. Thompson stated that the City really has not done their job in that time and that that property should have never been allowed e PLANNING COMMISSION MINUTES MARCH 9, 1983 PAGE 3 to be zoned that way, so a fast food restaurant could go in that district. He stated the moratorium should be shorter so that we are prompted to finish off what we started to do. Proposed Building and Subdivision Moratorium Ordinance for Unsewered Area Mertz summarized proposed Ordinance 64C as an interium ordinance temporarily prohibiting subdivision of land, building construc- tion and land development within the areas of Chanhassen not served by City sanitary sewer, and providing a penalty for the violation thereof. Al Klingelhutz, Ray Brenden, Tom Klingelhutz, Bob Hendrickson, Merrill Steller and Michael Murphy all concurred that they did not want the moratorium extended. They felt that they were being discriminated against because of Ordinance 45. Albee moved, seconded by Noziska, to close the Public Hearing. All voted in favor and the motion carried. M. Thompson moved, seconded by Noziska, to address the City Council with a suggestion that they do not adopt the moratorium, and the Planning Commission proceed with due haste to revising of existing zoning ordinances. e Noziska withdrew his second on this motion. Motion fails for lack of a second. Albee moved, seconded by Conrad, to approve adoption of Ordinance 64C as drafted, subject to amending the effective date provi- sions, specifically, that it be a 6 month duration. Conrad withdrew his second on this motion. Motion fails for lack of a second. Merz moved, seconded by J. Thompson, to disapprove Ordinance 64C but recommend approval of Section 6 only of the proposed ordi- nance regarding Emergency Septic Regulations. Vote in favor, J. Thompson, Merz, Albee, Ryan and Noziska. Naye, M. Thompson and Conrad. M. Thompson stated that he wanted Ordinance 45 repealed with the Emergency Sewer Regulations included. Conrad stated that he felt the moratorium was the most effective way of handling the problem. e zoning Ordinance Amendment Request, Natural Green, Inc. Mertz summarized that Mr. Luse's contention basically is that he fully disclosed the nature of his business to the Building PLANNING COMMISSION MINUTES MARCH 9, 1983 PAGE 4 e Official and obtained a building permit to move into the prop- erty, closed his purchase of the premises, proceeded with his remodeling and opened his business on the location. The City's contention is that the nature of the business was not fully disclosed and that the Building Official did not understand the nature of the business. He was under the impression that it was a growing range as opposed to a landscaping business. The pur- pose is to reconsider whether or not there ought to be some amendment to the ordinance to allow a landscape business on that premises. Waibel stated that the Planning Commission should make a recom- mendation of one of the four following options; 1. Recommend denial of amending the R1A District provisions to allow for landscaping contractors businesses. 2. Recommend denial of amending the R1A District provisions to allow for landscaping contractors businesses but recommend that the City and Natural Green enter into negotiations to establish a stipulated agreement for Natural Green's operation subject to final court determination. e 3. Recommend approval of amending the R1A District provisions to allow for landscaping contractors businesses in accordance with the attached proposed zoning ordinance amendment. (See attachment 1. ) 4. Recommend the item to be tabled for further review in the Planning Commission's zoning and Subdivision Ordinance revi- sions process. Option number 1 would have no impact on the current status of the case and it would be rescheduled for trial. Waibel also stated that; 1. There are unique circumstances involved in the Natural Green Litigation; 2. There are potentially significant zoning enforcement ramifica- tions in amending the R1A District provision at this time without further study to include landscaping contractors businesses; 3. Staff will be strongly recommending in the zoning and Subdivision Ordinance revisions that only existing residen- tial and public land uses have direct access onto arterial roadways, a provision to which Natural Green can not prac- e ticab1y comply; e PLANNING COMMISSION MINUTES MARCH 9, 1983 PAGE 5 Therefore, staff recommends that the following motion be adopted; The Planning Commission recommends that the City and Natural Green enter into negotiations on a stipulated agreement to be ultimately determined by the court and that the considerations of said negotiations include the following suggested guidelines; 1. That Natural Green be permitted to continue its operation for ten years from the date of adoption of the stipulated agreement. 2. That Natural Green not enlarge, alter, or expand its use from its present levels of operations. 3. That Natural Green construct a right turn lane and property entrance as recommended in the letter from MNDOT Project Manager, Evan Green, dated received Chanhassen Community Development Department February 15, 1983. 4. That Natural Green provide the City with a determination from MNDOT as to whether or not a left turn land and/or by pass lane(s) should be constructed. e 5. That all vehicles and equipment used in the business, excluding employees, be stored in the area north of the existing barn on the property and be fully screened from view of public roads and surrounding residences. 6. That sales of products on the premises are not made to the general public. 7. That all non-natural matter or material stored within 350 feet of a public road or existing residences shall be screened from public view by a compact hedge or other opaque natural growth or within a fence made of natural material of a natural earthtone color. 8. That business identification signage is not to exceed 12 square feet in area. 9. That the site is to be posted "No Public Sales". David Luse stated that he would have no problems with all of the recommendations except items 1, 3, 4, and 5. with item 1 he hoped that this would be a permanent situation. Items 3 and 4, he stated that he had no idea what kind of costs would be involved and item 5 because of the marsh type land in back, it would need not just a couple of inches of gravel, but a couple of feet, which would be costly. e John Hennessy stated that he had a hard time seeing why ten years is recommended in this case and not in the case of the driving range located about 500 yards down the road. e - e PLANNING COMMISSION MINUTES MARCH 9, 1983 PAGE 6 Albee moved, seconded by Ryan to close the public hearing, vote in favor, J. Thompson, Albee, Merz, Conrad, Ryan and Noziska. Naye, M. Thompson. Motion carried. M. Thompson stated that he wanted to keep the pulbic Hearing open for additional information being submitted, not only written but oral. Albee moved, seconded by Noziska, to table the item until we receive more information from Mr. Luse about the highway situation, his vehicle storage screening and the costs that he may incur, within a 3 month time period. Vote in favor, Merz, Albee, Conrad, Ryan, Noziska, and M. Thompson. Naye, J. Thompson. Motion carries. J. Thompson stated that the City Council could go ahead without the Planning Commission. He would recommend that the City Council negotiate with Natural Green using the suggested items as a guideline. He did not see why it had to come back to the Planning Commission. Conditional Use Permit Request for Installation of a Washout System, Apple Valley Red-E-Mix Waibel stated that Apple Valley is requesting non-conforming use permit approval to construct a cement production washout system at the Apple Valley facility on West 78th Street. Also a con- ditional use permit is required by Ordinance 47A for development on properties zoned Central Business District. Also a variance is required to the provisions of Section 20.02 of Ordinance 47 to alter a non-conforming use. The Minnesota Pollution Control Agency has responded that they have very little information on this type of facility, however it appears to them that this proposed system has net positive effects through the reduction of water use, reduction of product loss, and reduction of the solid waste load. Waibel stated that from a site design standpoint, staff sees no problem in the installation of the washout system as proposed. M. Thompson moved, seconded by Merz, that the Planning Commission adopt the following staff recommendation for Planning Case 82-4 Conditional Use Permit. The Planning Commission recommends that the City Council approve the issuance of a Conditional Use Permit and a non-conforming use permit for the installation of a washout system at the Chanhassen Apple Valley Red-E-Mix facility in accordance with the site plans marked Official Copy Planning Case 82-4 Conditional Use Permit dated received October 18, 1982, Chanhassen Community Development Department with the requirement that the applicant agree to and e e e PLANNING COMMISSION MINUTES MARCH 9, 1983 PAGE 7 execute a conditional use permit containing the following conditions; 1. That Apple Valley Inc. will immediately, upon the execution of the conditional use permit, install at its Chanhassen plant and at its own expense, a washout system, which installation shall be in accordance with the detailed plans and specifications as presented in Planning Case 82-4 Conditional Use Permit and as approved by the City Engineer. 2. That Apple Valley Inc. agrees that it shall terminate the non-conforming use of its property located at 201 West 78th Street no later than July 1, 1992, in accordance with Section 20.01 of Ordinance 47 and furthermore shall not claim compen- sation from the City of Chanhassen for the investment costs of the washout system and appurtenances thereto in the ter- mination of the use either through public acquisition or through the provisions of said Section 20.01 of Ordinance 47. 3. That Apple Valley Inc. obtain any necessary discharge permits for the washout system from the Minnesota Pollution Control Agency and/or Metropolitan Waste Control Commission. 4. That Apple Valley Inc. fill in the existing washout pit on the property to existing grade utilizing clean fill. 5. That the washout system have compliance to the performance standards for noises as contained in Ordinance 471. Vote in favor, J. Thompson, Merz, Conrad, Ryan, Noziska, M. Thompson. Naye, Albee. Motion carries. Albee stated she has concerns about our ability to enforce the non-confroming use provisions of Ordinance 47, the sewer assessments, and she is not satisfied with the amount of informa- tion given by the Minnesota Pollution Control Agency and not convinced that it will not become a pollution problem. The meeting adjourned at 11:05 p.m.