CC Staff ReportCity Council Item
July 24, 2023
Item
Resolution 2023-XX: Consider a Request for an Amendment to the 2040
Comprehensive Plan Land Use Map from Residential - Large Lot (2.5-acre
minimum) to Residential - Low Density (net density 1.2-4 units per acre) on
property located at 7750 Crimson Bay Road
File No.2023-12 Item No: H.1
Agenda Section GENERAL BUSINESS
Prepared By Bob Generous, Senior Planner
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
The Chanhassen City Council adopts a resolution amending the 2040 Comprehensive Plan Land
Use Map from Residential - Large Lot to Residential - Low Density for Lot 1, Block 1, Crimson
Bay, Carver County, Minnesota."
Motion Type Simple Majority Vote of members present
Strategic
Priority Development & Redevelopment
SUMMARY
The applicant is requesting a land use map amendment for her property in the Crimson Bay
development from Residential - Large Lot to Residential - Low Density.
BACKGROUND
Prior to the development of the Crimson Bay subdivision, a farmstead house was located just west of
the Crimson Bay connection to Highway 5 on the western side of Lot 1, Block 1, Crimson Bay.
On October 5, 1987, the city approved the final plat for the Crimson Bay subdivision (Sub. #87-12) and
a Comprehensive Plan land use plan amendment from Parks and Open Space to Residential – Low
278
Density for the subject property.
In the 2020 Comprehensive Plan update and subsequent comprehensive plan updates, Crimson Bay was
shown on the land use map as Residential – Large Lot, possibly due to the Rural Residential zoning of
the property.
On June 20, 2023, the Planning Commission voted 5 - 0 to recommend approval of the land use
amendment for 7750 Crimson Bay Road. The amendment was sent to the abutting jurisdictions for
jurisdiction review on May 23, 2023. The city has not received any negative comments on the
amendment.
DISCUSSION
Initially, staff had looked at amending the entire Crimson Bay development from Residential Large Lot
to Residential Low Density. We were under the impression that at least two other members of the
neighborhood were supportive of the change. However, at the public hearing, it was clarified that the
neighbors were supportive of allowing Ms. Hanson to subdivide her property, which would require a
land use map amendment, but they did not want to change their own land uses at this time. Staff would
be supportive if in the future those property owners also desired to amend their own land uses.
BUDGET
RECOMMENDATION
Staff recommends adoption of the resolution approving the land use amendment from Residential Large
Lot to Residential Low Density for Lot 1, Block 1, Crimson Bay, Carver County, Minnesota.
ATTACHMENTS
Resolution
Planning Commission Staff Report
Applicant Narrative
Application for Development Review
Affidavit of Mailing 2040 Comprehensive Plan Amendment
June 20, 2023 Planning Commission Mintues
279
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: July 24, 2023 RESOLUTION NO:2023-XX
MOTION BY: SECONDED BY:
A RESOLUTION APPROVING AMENDMENTS TO THE
CITY OF CHANHASSEN 2040 COMPREHENSIVE PLAN LAND USE CHAPTER –
LAND USE AMENDMENT FOR CRIMSON BAY
WHEREAS, the City of Chanhassen adopted the 2040 Comprehensive Plan on
February 10, 2020; and
WHEREAS, the Planning Commission held a public hearing on June 20, 2023, to review
amendments to the 2040 Comprehensive Plan to amend the land use map for Crimson Bay; and
WHEREAS, the Planning Commission voted on June 20, 2023, to recommend that the
City Council adopt the amendments to the 2040 Comprehensive Plan, Land Use Map, to revise
the land use for Lot 1, Block 1, Crimson Bay, Carver County, Minnesota, from Residential Large
Lot to Residential Low Density; and
WHEREAS, the proposed amendments have been submitted for jurisdictional review on
May 23, 2023, and have not had any negative comments; and
WHEREAS, the proposed amendments are minor in nature and re-guide 2.84 acres of
land from Residential Large Lot to Residential Low Density.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council approves
the amendments to Chapter 2, Land Use, Figures 2- 6, Land Use in 10-Year increments, Figure
2-8, 2020 – 2040 Land Use Comparison, and Figure 2-10, 2040 Land Use Map, of the 2040
Comprehensive Plan contingent upon Metropolitan Council review.
PASSED AND ADOPTED by the Chanhassen City Council this 24th day of July, 2024.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
280
Application: Comprehensive Plan Amendment 7620-7750 Crimson Bay Road (2023-12)
Planning Commission Review Date:June 20, 2023
City Council Review Date: July 24, 2023
SUMMARY OF REQUEST: The applicant is requesting a land use map amendment for the
Crimson Bay development from Residential - Large Lot to Residential - Low Density.
LOCATION:7620 – 7750 Crimson Bay Road
APPLICANT:Darlene Hanson Mary Hageman Rose Mastricola
7750 Crimson Bay Rd 7660 Crimson Bay Rd 7640 Crimson Bay Rd
Chaska, MN 55318 Chaska, MN 55318 Chaska, MN 55318
PROPOSED MOTION:
The Chanhassen Planning Commission recommends City Council approve amending the 2040
Comprehensive Plan Land Use Map from Residential - Large Lot to Residential - Low Density for
the Crimson Bay development.
281
Page 2 of 7
PRESENT ZONING:Rural Residential District, RR
2040 LAND USE PLAN:Residential - Large Lot
ACREAGE:10.68 acres DENSITY:NA
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city has a relatively high level of discretion in approving Comprehensive Plan Land Use
Map Amendments because the city is acting in its legislative or policy-making capacity.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting a land use map amendment from Residential - Large Lot to
Residential - Low Density.
APPLICABLE REGULATIONS
The city has a relatively high level of discretion in approving Comprehensive Plan
amendments because the city is acting in its legislative or policy-making capacity.
The city has sent the Land Use Map amendment to surrounding jurisdictions on May 23, 2023,
pursuant to Metropolitan Council requirements. The 60-day review period will end July 22,
2023. To date, there have been no comments or objections to the proposed amendment.
BACKGROUND
Prior to the development of the Crimson Bay
subdivision, a farmstead house was located just west of
the Crimson Bay connection to Highway 5 on the
western side of Lot 1, Block 1, Crimson Bay.
On October 5, 1987, the city approved the final plat
for the Crimson Bay subdivision (Sub. #87-12) and a
Comprehensive Plan land use plan amendment from
Parks and Open Space to Residential – Low Density
for the subject property.
Large-lot residential developments are intended to
have a rural character and are subject to 2.5-acre
minimum lot size. The city saw a proliferation of
large-lot residential subdivisions in 1987 as
developers rushed to subdivide before the current one
unit per ten-acre limit came into effect: Crimson
282
Page 3 of 7
Bay, Deerbrook Addition, Halla Great Plains Addition, Lake Lucy Highlands, Lake Riley
Highlands, Lake Riley Woods, and Timberwood Estates.
In the 2020 Comprehensive Plan update and subsequent comprehensive plan updates, Crimson
Bay was shown on the land use map as Residential – Large Lot, possibly due to the Rural
Residential zoning of the property.
EXISTING CONDITIONS
SITE CONSTRAINTS
Environmental Protection Districts
Bluff Creek corridor - This property is not located within the Bluff Creek Overlay
District.
Wetland Protection - There are wetlands located adjacent to Lake Minnewashta and along
the stream to Lake Minnewashta. Any proposed development should not impact
these wetlands.
Bluff Protection - There are no bluffs on the property. There are areas of steep slopes, but
they do not meet the definition of a bluff.
Shoreland Management - The property is located within a shoreland protection district for
Lake Minnewashta.
Floodplain Overlay - This property is within a floodplain adjacent to the lake.
ANALYSIS
The impetus for the land use map amendment is the proposed Crimson Bay Road project and the
extension of sewer and water services. Section 2.13.2 of the 2040 Comprehensive Plan discusses
the possible extension of urban services to properties serviced by on-site sewage disposal
systems. In these instances, it is the city’s policy to review land use and zoning changes on an
area-wide basis. In this case, three of the five property owners on Crimson Bay Road have
requested that the land use be changed to Residential – Low Density.
The existing zoning of the property, Rural Residential District, RR, is consistent with the land
use designation of the property, Residential - Large Lot. Should the city approve the land use
amendment to Residential – Low Density, the comprehensive plan allows less intensive land
uses to remain in place. However, any approval by the city for subsequent development of the
property must be consistent with the comprehensive plan and would need to meet the regulations
in the city’s zoning and subdivision ordinance.
The proposed land use map amendment would potentially permit the further subdivision of the
properties along Crimson Bay Road. Preliminary review of the parcels shows a potential for an
283
Page 4 of 7
additional five building sites. However, any future development would need to meet the
standards in City Code.
Approval of the proposed land use map amendment would revise the following figures to
maintain internal consistency:
Figure 2-6, Land Use in 10-Year increments, by changing developed Low Density in 2030 to
4,469 and in 2040 to 4,728 with a change from 2015 – 2040 of 899 and decrease Large Lot in
2030 and 2040 to 922 with a change from 2015 – 2040 of negative 28;
Figure 2-8, 2020- 2040 Land Use Comparisons change Residential Large Lot in 2030 and 2040
to 922 and change Residential Low Density in 2030 and 2040 to 4,728; and
Figure 2-10, 2040 Land Use Map revise the Land Use Map.
SURROUNDING LAND USE AND USES
North is guided for Residential - Low Density uses and contains single-family homes on property
zoned Single-Family Residential District, RSF. East is guided for Public/Semi Public uses for the
Minnesota Landscape Arboretum and is zoned Rural Residential District, RR. West is Lake
Minnewashta and additional land guided for Residential -Low Density uses and zoned Single-
Family Residential District, RSF. South is Highway 5 and the Minnesota Landscape Arboretum
guided Public/Semi Public and zoned Agricultural Estate District, A-2.
LAND USE - ZONING CONSISTENCY
The following zoning districts are consistent with a Residential – Large Lot land use:
Agricultural Estate District, A-2; and
Rural Residential District, RR.
The following zoning districts are consistent with a Residential - Low Density land use:
Single-Family Residential District, RSF;
Mixed Low Density Residential District, R-4;
Residential Low and Medium Density Residential District, RLM; and
Planned Unit Development – Residential, PUD-R.
COMPREHENSIVE PLAN GOALS AND POLICIES
The proposed amendment from Residential – Large Lot to Residential – Low density assists in
the furtherance of the following land use goals and policies of the City of Chanhassen
Comprehensive Plan:
284
Page 5 of 7
Development will be encouraged within the MUSA line.
The plan should seek to establish sufficient land to provide a full range of housing
opportunities.
Development should be phased in accordance with the ability of the city to provide
services.
Support low-density residential development in appropriate areas of the community in
such a manner as to maintain the aesthetics of existing single-family areas, and to create
new neighborhoods of similar character and quality.
Designate sufficient land to provide for a wide spectrum of housing.
The proposed amendment assists in the furtherance of the following housing goals and policies
of the City of Chanhassen Comprehensive Plan:
A balanced housing supply with housing available for people of all income levels.
A variety of housing types for people in all stages of the life-cycle.
MUNICIPAL (URBAN) SERVICES - SANITARY SEWER AND WATER
Trunk Highway 5 (TH 5) is planned for expansion as identified by the TH 5 Corridor Study and
the Arboretum Area Transportation Plan. Prior to this expansion, the City of Chanhassen will be
addressing deficiencies to Crimson Bay Road as identified in the 2030 and 2040 Comprehensive
Plans. Currently, the Crimson Bay neighborhood has only one means of egress/ingress located
off TH 5 with no connection to Dogwood Road to the north. Due to heavy traffic volumes
associated with the highway, particularly during peak hours, left turning movements in this area
are difficult and can be unsafe. The Crimson Bay Road project, or City Project #23-02, is
anticipated to begin construction in 2024 and will improve safety and access for the residents
that live off Crimson Bay Road by making the connection to Dogwood Drive and restricting
access to TH 5 to only emergency and maintenance access.
Additional improvements with the Crimson Bay Road project include extending municipal
sanitary sewer and water services (i.e. urban services) from the north, which were stubbed with
the Arbors 2nd Addition subdivision for the Crimson Bay neighborhood. To supply sanitary
service to the neighborhood, a lift station will be required due to the existing topography of the
area. This municipal sanitary sewer system will provide adequate service to the neighborhood for
the life of the system. Lastly, in order to supply water service to the neighborhood the water
main will be extended, which will complete the water main loop in the area from Dogwood Road
to TH 5. This will provide adequate water service and fire protection to the neighborhood for the
life of the system. The improvements associated with the Crimson Bay Road project are shown
below.
285
Page 6 of 7
286
Page 7 of 7
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the land use map
amendment from Residential – Large Lot to Residential – Low Density for Crimson Bay.
REQUIRED PLANNING DEPARTMENT CORRECTIONS TO PLAN SET:
1. None
ATTACHMENTS
1. Development Review Application.
2. Narrative.
3. Affidavit of Mailing.
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Section 1: Application Type (check al! that apply)
60-Day Review Date:
Refer to the appropiate Application Checklist for required submittal information that must accompany this application)
p CorRr"hensive Plan Amendment......... $600 I E Subdivision (SUB)
E Create 3 lots or less
f] Create over 3 lots...n Conditional Use Permit (CUP)
E Single-Family Residence .....
n Rttothers........
E lnterim Use Permit (lUP)
I Rezoning (REZ)
I Planned Unit Development (PUD).
I Minor Amendment to existing PUD
f] tn conjunction with Single-Family Residence..$325
E ntothers.......... $500
fl Rdministrative Subd. (Line Adjustment)..........$150
final P1s1+ $15 per lot $700**(
lncludes $
450 escrow for attorney costs).
Additional escrow may be required for other applications
through the development contract.
E Vacation of Easements/Right-of-way (VAC)........ $300
Additional recording fees may apply)
150 E Variance (VAR).....$200
1 00
500
E Wetland Alteration Permit (WAP)
E Single-Family Residence......
E Atothers
E Appeal of Administrative Decision...............
Zoning Ordinance Amendment (ZOA)........
200 o
per document
Site Plan Agreement - $85
Vacation - $85
Deeds - $100
TOTAL FEE:
325
500
750
1 00
500
tvtetes & Bounds (2 lots).
E Consolidate Lots.............
500
1000 + $15 per
300
150
150
27s
200
500
lots)
E Att others..............
E Sign Plan Review
E Site Plan Review (SPR)
I Rdministrative
E Commercial/lndustrial Districts*......
Plus $10 per 1 ,000 square feet of building area:
thousand square feet)
lnclude number of existinq employees:*
lnclude number of 4eg employees:
N
F
Residential Districts $500
Plus $5 per dwelling unit units)
NO[!: When multiple applications are processed concurrenily, the appropriate fee shall be charged for each application.
Notification Sign lcity to install and remove) ..
Property Owners' List within 500' lcity to generate after pre-application meeting) ....
DC;J dresses)
E Escrow for Recording Documents (check allthat apply).........
E Conditional Use Permit - $50 E lnterim Use Permit $50 tr
E Wetland Alteration Permit - $50 E Easements ( easements)$85 tr
E Variance - $50 fltvtetes & Bounds Sub (2 deeds) $250 n
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division -7700 Market Boulevard
Mailing Address - P.O. Box 147 , Chanhassen, MN 55317
Phone: (952)227-1100 / Fax: (952)227-1110 *crTYorcuAtlttAssrtt
APPLICATION FOR DEVELOPMENT REVIEW
Section 2 uired lnformation
Description of Proposal
Property Address or Location
Parcel#:
TotalAcreage:
Present Zoning
Present Land Use Designation
Existing Use of Property:
Check box if separate narrative is
O
Legal Description
Wetlands Present? E Yes E tlo
Requested Zoning
Land Use nation:rr
submiftar ,^r", hltql>\ pcDate: (f/ZO/,13 ccDate: -lli,alll
292
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by
the property owner, I have attached separate documentation of full legalcapacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name Contact:
Phone:Address:
City/State/Zip:
Email:
Cell:
Fax:
Signature Date:
PROPERTY OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I
Name:
City/State/Zip
that the info n d bmitted are true and correct.
Fax:
btz ta*t* obvT-
E
S ig Mb
PROJECT ENGINEER (if applicable)
Name:
Address:
Contact:
Phone:
City/State/Zip
Email:
Cell:
Fax:
in full and be typewritten or clearly printed and must be accompanied by all
applicable City Ordinance provisions. Before filing this application, refer to the
appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and
applicable procedural requirements.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This application must be compl
information and plans required
Section 4: Notification !nformation
Who should receive copies of staff reports?*Other Contact lnformation :
Property Owner Emai Name:
Applicant Email Address
Engineer Email City/State/Zip
Other*Email Email
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing.
293
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COUNTY OF CARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
June 8, 2023,the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice to consider a request for
an amendment to the 2040 Comprehensive Plan Land Use Map for properties guided as
Residential Large Lot to Residential Low Density. Property located at 7620-7750 Crimson
Bay Road, Applicant: Darlene Hanson, et al to the persons named on attached Exhibit "A", bY
enclosing a copy of said notice in an envelope addressed to such owner, and depositing the
envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the rurmes and addresses of such owners were those appearing as such by the
records of the County Treasurer, Carver County, Minnesota, and by other appropriate records.
Subscribed and sworn to before me
this / day of 2023
Public
JENNIFER ANN POTTER
Notary Public-Minnesota
City
My Commission Expires Jan 31, 2027
294
Subject
Parcels
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used
as one. This map is a compilation of records, information and data located in various caty,
county, state and federal offices and other sources regarding the area shown, and is to
be used for reference purposes only. The City does not warrant that the Geographic
lnformation System (GlS) Data used to prepare this map are error free, and the City does
not represent that the GIS Data can be used for navigational, tracking or any other
purpose requiring exacting measurement of distance or direction or precision in the
depiction of geographic features. The preceding disclaimer is provided pursuant to
Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly waives all claims, and
agrees to defend, indemnify, and hold harmless the City from any and all claims brought
by User, its employees or agents, or third parties which arise out of the user's acc€ss or
use of dala orovided.
Oisclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used
as one. This map is a compilation of records, information and data located in various city,
county, state and federal offices and other sources regarding the area shown, and is to
be used for reference purposes only. The City does not warrant that the Geographic
lnformation System (GlS) Data used to prepare this map are error free, and the City does
not represent that the GIS Data can be used for navigational, tracking or any other
purpose requiring exacting measurement of distance or direction or precision in the
depiction of geographic features. The preceding disclaimer is provided pursuant to
Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly waives all claims, and
agrees to defend, indemnify, and hold harmless the City from any and all claims brought
by User, its employees or agents, or third parties which arise out of the user's access or
use of data Drovided.
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295
Notice of Public Hearing
Chanhassen Planni Commission
Date & Time::00uneJ2at0236Tuesday20,Thisnotp.m startmayhearing
lateruntil theln theon order oftheLocation:HallCouncil 7700 Market Blvd.
Proposal:
a request for an amendment to the2040Consider
Com PlanlveLandprehens U SE forASMappropertiesguided
Res dential toLotResidentialLarge Low Dens itv Property
atlocated 77620-507 Crimson Road.
nUOwner:A Darlene Hanson, et al
Property
Location:
7620-7750 Crimson Bay Road
is on the reverse side ofthis notice.A Iocation
What Happens at
the Meeting:
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
l. Staff will give an overview of the proposed project.
2,. The applicant will present plans on the project.-
3. Comments are received from the public.
4. Public hearing is closed and the planning Commission
discusses the project.
Questions &
Comments:
To view project documents before the meeting, please visit the
city's proposed development webpage at:
lf you
wish to talk to someone about this projecffiease contact Bob
Generous by email at bgenerous@chanhasienmn.gov or by
phone at 952-227-l l3l. If you choose to submit written
comments, please send one copy to staff in advance of the
meeting. Staff willprovide copies to the planning commission,
The staff report for this item will be available online at the
city's Agendas & Minutes webpage the Thursday prior to the
Planning Commission meeting.
Sign up to receive emair updates about this or other projects. Go to,
City
Notice of Pu
Chanhassen Plan
blic Hearing
Commission Meetin
Date & Time June6atTuesday :00This2023,p.m nothearingmay
untilstart lnlater the on ofordertheLocation:Hall Council 7700 Market Blvd.C
Proposal:
a request for an amendment to the2040Consider
guidedproperties
Low Density
ocated J'at 77620-50 Crim son Road
icanUOwner:Darlene Hanson, et al
Propefi
Location
Crimson0-762 577 0 B Roaday
A lstheonlocation sidereverse of this notice.
What Happens at
the Meeting:
hearing lowing
The thisofpurpose toISpublic nformabouthearingtheyou
toand ,btainoapplicant's request fromtheinput
thisaboutneighborhood theproject.theDuringmeeting,
wlChair thelead licpub folthethrough
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Staff will anofovervlewgrve the proposed project.
The2.wtonapplicant the ect.present plans proj
3 mentsCom are rece ived from the public.
Public4.is closed theand Commission
ISCUSSESd the
Questions &
Comments:
view project documents before the meeting, please visit
ciqr's proposed development webpage at:
Ifyou
wish to talk to someone about this projec.t+lease contact
Bob Generous by email at bgenerous@chanhassenmn.gov or
by phone at952-227-ll3l. If you choose to srUrit *ritten
comments, please send one copy to staff in advance of the
To
the
Commiss
m Staffwilleeting toprovidethecoples Planning
Thelon.staff for thisitemreport will be vaila ble
lneonl at the S &city Agendas Minutes thewebpage
totheprior CommlsslonThursdayPlanning meeting
sign up to receive emair updates about this or other projects. Go to
h ttps : //www. ch a n h a s se n m n . q ov/i-wa n t-to/s u bsc ri be
Procedure:
20,
Comprehensive Plan Land Use Map for
as Residential Large Lot to Residential
296
Tax name
REGENTS OF THE UNIV OF MINN
MELISSA HERBST SCHIENA
DARLENE J HANSON
ROB M & CALI LOLSON
MARY M HAGEMAN
ROSE MARIE MASTRICOLA
PAUL GREGORY & MARY S SUMNERS
THE ARBORS HOMEOWNERS' ASSOCIATION
CHARLES H NEWELL III
PAUL HOLLIS
ROBERT DU FF
ASHLEY SCHLUENDER
JASON CHRISTENSEN
SCOTT J AINSLIE
PERRY K PLEDGER
JEFFREY A FRANKE
CHARLES H NEWELL III
BRIAN D GARSHELIS
JOE BILLER
DEREK GEARMAN
Tax add 11
319 15TH AVE SE 424
4508 BRUCE AVE
7750 CRIMSON BAY RD
77OO CRIMSON BAY RD
11OO PARKVIEW CT
7540 CRIMSON BAY RD
7620 CRIMSON BAY RD
7561 BEACON CT
7550 DOGWOOD RD
3321 W 78TH ST
3341 78TH ST W
7521 BEACON CT
3331 78TH ST W
3360 78TH ST W
3351 78TH ST W
7511 DOGWOOD RD
7550 DOGWOOD RD
7570 DOGWOOD RD
7580 DOGWOOD RD
12900 TECHNOLOGY DR #642
Tax add 12
MINNEAPOLIS, MN 55455.
EDINA, MN 55424-
CHASKA, MN 55318-
cHASKA, MN 55318-9623
vtcToRtA, MN 55386-3716
CHASKA, MN 55318-
cHASKA, MN 55318-9603
EXCELSIOR, MN 55331.
EXCELSTOR, MN 55331-8053
EXCELSIOR, MN 55331-
EXCELSIOR, MN 55331.
EXCELSIOR, MN 55331-
EXCELSTOR, MN 5533r.-8013
EXCELSTOR, MN 55331-4553
EXCEtStOR, MN 55331-4553
EXCELSTOR, MN 55331-8052
EXCELSTOR, MN 55331-8053
EXCELSTOR, MN 55331-
EXCELSIOR, MN 55331-
EDEN PRAIRIE, MN 55344-
297
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MINUTES
JUNE 20, 2023
CALL TO ORDER:
Chair Noyes called the meeting to order at 6:00 p.m.
MEMBERS PRESENT: Chair Eric Noyes, Erik Johnson, Perry Schwartz, Edward Goff, Steve
Jobe.
MEMBERS ABSENT: Kelsey Alto, Ryan Soller.
STAFF PRESENT: MacKenzie Young-Walters, Associate Planner; Eric Maass, Planning
Director.
PUBLIC PRESENT:
Allison Schmitt 206 W 78th Street
Darlene Hanson 7750 Crimson Bay Rd
Mary Sumners 7620 Crimson Bay Road,
Jennifer Graves 7660 Crimson Bay Road,
Megan Eason Life Time Fitness, 2900 Corporate Place
Gage Thompson Life Time Fitness, 2900 Corporate Place
PUBLIC HEARINGS:
1. CONSIDER A REQUEST SIDE YARD SETBACK, LOT COVER, AND OTHER
VARIANCES TO BUILD A GARAGE FOR A PROPERTY LOCATED AT 206 W 78TH
STREET AND ZONED SINGLE FAMILY RESIDENTIAL
Associate Planner Young-Walters gave a summary of the staff report, noting the applicant is
requesting a variance to replace a detached garage with a nonconforming 1.3-foot side yard
setback, with a larger detached garage with a four-foot side yard setback. As part of the proposal
the applicant proposes to vacate a section of alleyway to offset some of the increased lot cover
requested. The current garage is 216 square feet and 1.3 feet from the side lot line and the
proposed garage is 528 square feet and four feet from the side lot line. The larger size of the
proposed garage and associated increase in driveway size will increase the property’s lot cover
from 22.7 percent to 28.5 percent. The applicant also proposes maintaining the driveway’s
nonconforming three-foot side setback while increasing the driveway length. He noted that
although the proposal increases the detached garage’s side yard setback, the increased lot cover,
driveway length, and increased structure footprint within the side yard setback require variances.
Mr. Young-Walters shared justification for the project including location of existing home and
driveway make it impractical to build a garage meeting side yard setbacks, the small size of the
parcel makes it impossible to meet the 25% lot cover limit, and the desire to retain as much
usable rear yard space on the smaller lot. Staff believes this is a reasonable request and the
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unique circumstances justify the four-foot side yard setback and 30 percent lot cover be
permitted to facilitate the construction of a driveway turnaround.
Chair Noyes opened the public hearing. There were no public comments.
Chair Noyes closed the public hearing.
Commissioner Jobe moved, Commissioner Schwartz seconded that the Chanhassen Board
of Appeals and Adjustments, approves the requested 6-foot side yard setback, 2-foot
driveway setback, and 5 percent lot cover variances for the construction of a detached
garage subject to the conditions of approval, and adopts the attached Findings of Fact and
Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
2. CONSIDER A REQUEST FOR AN AMENDMENT TO THE 2040
COMPREHENSIVE PLAN LAND USE MAP FROM RESIDENTIAL – LARGE LOT (2.5
ACRE MINIMUM) TO RESIDENTIAL – LOW DENSITY (NET DENSITY 1.2-4 UNITS
PER ACRE). PROPERTY LOCATED AT 7620-7750 CRIMSON BAY ROAD
Planning Director Maass noted three individuals listed in the packet and that Ms. Darlene
Hanson was having difficulty with the application; Staff attempted to be customer-friendly and
helped write the application and talked with neighbors. There was some confusion with
neighbors regarding what they were signing on or showing support for and were not intending to
sign on as applicants. He clarified that the individuals were comfortable with Ms. Hanson
subdividing into two lots and staff interpreted that they were signing as applicants. Ms. Maass
gave a summary of the staff report and noted staff received several email today from concerned
residents. He shared the difference between land use and zoning, noting tonight before the
Commission is a change to the property’s land use designation. He shared that the current land
use is Residential – Large Lot and the application for Residential – Low Density for Crimson
Bay. This would include the extension of water and sewer and a road project is underway that
would extend utilities to the five properties shown on screen. Mr. Maass shared a portion of the
City’s Comprehensive Plan that notes properties shall not be rezoned until urban services are
available and land use may only be intensified on the property has access to urban services.
Commissioner Schwartz asked about cutting off access to Crimson Bay from Highway 5 as part
of the road project.
Mr. Maass replied that public access would be restricted and they are planning on keeping
emergency access available.
Commissioner Schwartz asked if homeowners would bear the cost of bringing city services to
their area.
Mr. Maass replied that subject to the city’s assessment policy, homeowners would bear a portion
of that cost.
Commissioner Goff asked if there is a negative to changing the land use policy.
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Mr. Maass replied that it is providing greater opportunity for private property owners regarding
what zoning designation makes sense for them. In this case, if a land use change is approved, the
applicant would then make an application for a zoning amendment and subdivision. Each
property owner would have the option to decide if they want to change their zoning district or
not.
Darlene Hanson, the applicant, noted she has a beautiful lot and thinks someone would really
love to live there; she does not feel having a home there would change the urban setting on
Crimson Bay nor the integrity of the neighborhood. Ms. Hanson does not have a specific plan for
the property until she understands whether the land use designation change will be approved.
Chair Noyes opened the public hearing.
Mary Sumners noted the proposal unnecessarily extends the impact beyond the applicant to
include 4 other properties, including the Sumners. Ms. Sumners noted she does not take issue
with Ms. Hanson’s request to subdivide her lot. She clarified the issue is that staff made the
decision to broaden the scope of the change to include all of Crimson Bay Road. The utility
project mentioned will go through her front yard and she has not been told that it was approved.
Bringing water and sewer into the area does not require all residents to change their land use.
Changing the land use opens the door to the possibility of future property owners or developers
to pursue subdivision and none of them want to open that door. Ms. Sumners noted Ms.
Hanson’s property is unique for the neighborhood and subdividing it does not impact the rest of
the neighborhood. Perhaps the proposal was broadened due to the error in the misrepresentation
that two other residents also wanted to request the change, and Ms. Sumners noted that is
patently false. All of the residents are present tonight and all oppose the change. Four out of five
residents do not want to be included in this land use change due to the impacts on the
neighborhood. Ms. Sumners respectfully requests that the Commission reject the proposal as
written and redraft it to include only Ms. Hanson’s property.
Jennifer Graves stated in the agenda it listed her mother Mary Hagemen as an applicant, noting
her mother did not sign anything to be part of the application and should not be included in it.
She shared the concern regarding land use designation and the potential for up to four units/acre
and now they are one unit/2.5 acres. This is a large potential change for the neighborhood that
residents want to avoid.
Rob Olson would like to support Mary Sumners’ statement, which accurately reflects their
position and the other four neighbors. They are looking to keep the status quo of the large lot
rather than introducing the possibility of other designations in the future. He reiterated that the
neighbors all support Ms. Hanson’s right to subdivide her lot.
Rosemarie Mastricola noted they are new residents and were attracted to the area because of the
trees and privacy. She heard today that to the north a similar situation took place with a lot being
subdivided and 700 trees were cut down. She 100% supports Ms. Hanson’s request to subdivide
her lot and recognizes that there is no requirement for all residents to have their land use
designation changed in order for Ms. Hanson’s to be changed.
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Chair Noyes closed the public hearing.
Commissioner Schwartz asked why staff modified the request from Ms. Hanson’s property to all
residents on Crimson Bay Road.
Mr. Maass replied the rationale is that all five properties will be receiving access to water and
sewer. The appropriate land use designation as a result of receiving that access is the residential
low-density land use designation. He clarified the road project is not finalized and staff is
working towards the project. When looking at land use designations, it is about the big picture
and what makes sense; Ms. Hanson is the sole and only applicant. Staff looks at it holistically
and asks whether it is the appropriate time to make a land use designation change based on facts
before them. He noted that is the reason for staff’s recommendation.
Commissioner Schwartz asked if it is possible to give Ms. Hanson what she is asking for while
allowing the other four neighbors to remain as they are.
Mr. Maass replied that is an option for the Planning Commission; however, staff is
recommending that all five properties be re-designated as the most appropriate due to the water
and sewer.
Commissioner Jobe asked how the cost will be distributed.
Mr. Maass’ understanding of code is that the cost is split amongst property owners who take a
portion, and the city takes a portion.
Commissioner Schwartz asked if the Commission grants Ms. Hanson’s request, will water and
sewer stop at her property.
Mr. Maass replied in the negative, noting that the application has no bearing on the road project,
water, and sewer.
Commissioner Jobe asked if the group can create a homeowners association (HOA) that all
neighbors have to sign off on or change it in the future.
Mr. Maass replied that the private property owners could do restrictive covenants upon sale or
other things to preserve what is there. Quick math shows each property has 230 linear feet of
road frontage and the requirement is 90 feet; therefore, each of the properties is eligible for up to
two lots. It is not a situation where it would be four units/acre as there is not enough linear
footage of roadway to afford that opportunity. He noted the property owners could come together
and do something and the city would not be party to an agreement like that.
Commissioner Schwartz asked if there is a way to modify the staff recommendation to cede to
the neighbors’ desire to keep their properties as they are.
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Mr. Maass replied that a motion could be put forth if it is the Planning Commission’s desire.
Staff provides a professional opinion based on policy, and the Planning Commission and City
Council set policy.
Chair Noyes clarified the land use designation does not change how the property will be
structured, whether one dwelling or two. As Mr. Maass stated, more than two dwellings could
not be put on the properties, and he believes the property owners are trying to protect themselves
from the unknown if someone moves out and a new person moves in. He noted that in the future
if other homeowners want to change their land use, they will have to come back before the
Commission again.
Commissioner Goff moved, Commissioner Schwartz seconded that the Chanhassen
Planning Commission recommends City Council approve amending the 2040
Comprehensive Plan Land Use Map from Residential - Large Lot to Residential - Low
Density for 7750 Crimson Bay Road. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
3. CONSIDER A REQUEST FOR A SITE PLAN REVIEW TO BUILD AN INDOOR
PICKLEBALL FACILITY AND OUTDOOR COURTS FOR PROPERTY LOCATED AT
2970 WATER PLACE
Planning Director Maass gave a summary of the staff report, noting the applicant is requesting
site plan approval for the construction of a 25,410 square foot building for the use of indoor
pickleball courts and associated amenities as well as the construction of outdoor pickleball
courts. The site is currently used for an outdoor fitness facility and is within the Life Time
Fitness campus. Mr. Maass showed interior and exterior layout plans for the building on screen.
He shared about proposed signage, architectural standards, and parking on the property. He
stated the facility will utilize shared parking with the adjacent corporate office building as well
as larger Life Time Fitness club and corporate buildings. The proposed development meets the
requirements of the site plan review subject to revisions to the plan outlined in the staff report.
Staff recommends that the Planning Commission recommend approval of the site plan for the
proposed Life Time pickleball facility and adopts the attached findings of fact.
Commissioner Goff noted another Life Time facility just north of the building and that those
parking lots cannot connect because of the grade there.
Mr. Maass replied that is true, and there will be a sidewalk and stairs to connect the two
buildings. ADA stalls will be available immediately adjacent to the facility and near the office
space.
Chair Noyes noted the designation of two stalls per pickleball court, noting he has always played
doubles and asked how staff came up with that number.
Mr. Maass understands the parking calculation is largely based on tennis. The base requirement
of 20 spots helps and staff feels there is enough parking; he noted the comment regarding any
future parking updates.
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Chair Noyes thinks it should be noted as there will be overlap for 10 minutes every hour.
Commissioner Jobe agreed on the parking, noting there will still be people in the corporate
offices and winter parking may be more problematic.
Megan Eaton. Director of Development at Life Time Fitness, gave a presentation noting
pickleball is blowing up around the country. Life Time is trying to move with those trends and
adding pickleball courts to their facilities. She spoke about temporary parking for the corporate
office, noting they do not need that additional parking and want to confer it back to a fitness use.
She showed renderings of the site plan, amenities, and architectural details on screen.
Chair Noyes opened the public hearing. There were no public comments.
Chair Noyes closed the public hearing.
Commissioner Goff noted one concern that across the street from Life Time is Mega Pickle and
Pong, which is another pickleball club with six indoor courts. He is worried about swapping out
another Chanhassen business.
Commissioner Johnson moved, Commissioner Goff seconded that the Chanhassen
Planning Commission recommends approval of the Site Plan Review to build the proposed
indoor pickleball facility and outdoor courts for property located at 2970 Water Tower
Place subject to the conditions of approval and adopts the Findings of Fact and
Recommendation. All voted in favor and the motion carried unanimously with a vote of 5
to 0.
GENERAL BUSINESS:
None.
APPROVAL OF MINUTES:
1. APPROVAL OF PLANNING COMMISSION MINUTES DATED JUNE 6, 2023
Commissioner Jobe moved, Commissioner Goff seconded to approve the summary Minutes
of the Planning Commission meeting dated June 6, 2023 as presented. All voted in favor
and the motion carried unanimously with a vote of 5 to 0.
COMMISSION PRESENTATIONS:
None.
ADMINISTRATIVE PRESENTATIONS:
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Planning Director Maass updated the Commissioners that tonight will be Mr. Young-Walters’s
last night with the Planning Commission as he has accepted a Senior Planner position with the
Metropolitan Council. The city is very excited for him and appreciates his hard work, diligence,
and attention to detail.
CORRESPONDENCE DISCUSSION:
None.
ADJOURNMENT:
Commissioner Jobe moved, Commissioner Schwartz seconded to adjourn the meeting. All
voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning
Commission meeting was adjourned at 7:16 p.m.
Submitted by Eric Maass
Planning Director
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