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PC Minutes 23-12Planning Commission Minutes – June 20, 2023 2 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. Planning Commission Minutes – June 20, 2023 3 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. Planning Commission Minutes – June 20, 2023 4 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. Planning Commission Minutes – June 20, 2023 5 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.