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PC 2000 03 15CHANHASSEN PLANNING COMMISSION REGULAR MEETING MARCH 15, 2000 Chairman Petnrson called the meeting to order at 7:10 p.m. MEMBERS PRESENT: Alison Blackowiak, Craig Peterson, Deb Kind and Ladd Conrad MEMBERS ABSENT: Kevin Joyce, Matt Burton and LuAnn Sidney STAFF PRESENT: Kate Aanenson, Community Development Director; Cindy Kirchoff; Planner I; Bob Generous, Senior Planner; and Dave Hempel, Assistant City Engineer (Due to technical difficulties with the recording equipment the Minutes of this meeting will be summarized.) PUBLIC HEARING: REQUEST FOR A VARIANCE FROM THE 5 FOOT BLUFF SETBACK FOR THE CONSTRUCTION OF AN ADDITION LOCATED AT 7501 ERIE AVENUE, DENNIS FISHER. Cindy Kirchoff presented the staff report on this item. Dennis Fisher, the applicant, stated that they were requesting the variance to improve a drainage situation on the site. Janis Fisher stated that they would also like to be able to have the home handicap accessible on the main level of the home for elderly relatives to stay for extended periods of time. Deb Kind asked the applicants if they had thought about a smaller garage or detached garage. Dennis Fisher stated that that would not solve the drainage problem. Kind moved, Blackowiak seconded to open the public hearing. Tom Devine, a neighbor to the Fishers, stated that he supported the variance and thought it would improve the Fisher's home and the neighborhood. Kind moved, Blackowiak seconded to close the public hearing. The Planning Commissioners agreed with the staff report and that the applicants had reasonable use of their property without the need for a variance. Blackowiak moved, Conrad seconded that the Planning Commission denies the request for a variance (VAR//2000-2) from the 5 foot bluff protection setback for the construction of an addition based upon the following: 1. The applicant has reasonable use of the property. All voted in favor and the motion carried unanimously. Chairman Peterson informed the applicant of the appeal process if they applicant, a City Council member or any aggrieved person wished to appeal this decision. PUBLIC HEARING: Planning Commission Meeting March 15, 2000 REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE A 1.1 ACRE LAKESHORE PARCEL INTO 2 SINGLE FAMILY LOTS ON PROPERTY ZONED RSF AND LOCATED ON LOT 11, BLOCK 1, SUNRISE HILLS 1sT ADDITION, 7303 LAREDO DRIVE, LUCAS IGEL ADDITION, DAVID IGEL. Public Present: Name Address Jon and Janet Holler Rich & Eunice Peters Sarah King Steven & Becky Chepokas Debbie Lloyd Adolfo & Leonor Zambrano Linda Landsman Wendy Wiens Jerry, Janet & Emily Paulson Pat Pavelko Ron & Ann Kleve 7206 Frontier Trail 7301 Laredo Drive 7200 Kiowa Circle 7304 Laredo Drive 7302 Laredo Drive 7301 Frontier Trail 7329 Frontier Trail 7333 Frontier Trail 7305 Laredo Drive 7302 Frontier Trail 7307 Laredo Drive Bob Generous presented the staff report on this item. David Igel and Rachel Igel presented their proposal to the Planning Commission and the neighbors present. David Igel stated that he believed that this proposal would enhance the value of the property and that the covenants that had been filed with the subdivision had expired. Kind moved, Blackowiak seconded to open the public hearing. Jerry Paulson, David Wallin, Janet Holler, Ronald Kleve, Debbie Lloyd, Linda Landsman, and Leonor Zambrano spoke to the Planning Commission about their feelings that this subdivision would change the character of the neighborhood and did not meet with the intent of the covenants that had been placed on the subdivision when it was developed. Conrad moved, Kind seconded to close the public hearing. The Planning Commissioners stated they could understand the concems of the neighbors but that legally the subdivision met the standards set in place by the City. Kind moved, Conrad seconded that the Planning Commission recommend approval of preliminary plat, Subdivision #00-02 for Lucas Igel Addition as shown on plans prepared by Carlson & Carlson, Inc., dated February 11, 2000, revised March 8, 2000, subject to the following conditions: 1. A demolition permit must be obtained before demolishing the existing building. All existing utilities must be abandoned and inspected as required by the appropriate department or agency. 3. Final reports must be provided for any soil correction work before building permits will be issued. 2 Planning Commission Meeting March 15, 2000 4. Sanitary sewer services must be installed in accordance with the Minnesota State Plumbing Code. A detailed grading, drainage, erosion control and tree removal plan will be required at time of building permit application for city staff to review and approve. All lots shall maintain the neighborhood drainage pattem. Erosion control measures will be required on the building permit Certificate of Survey. Erosion control fencing shall be installed on the downstream side of the grading limits. Arock construction entrance may also be required at Laredo Lane. The applicant and staff shall work together in determining the paths for the sanitary sewer and water services that creates the least disruption to existing vegetation. The City, at the applicant's expense, will extend a water service for Lot 1 from Laredo Lane to the property line of Lot 2. The applicant shall be responsible for extending the sanitary sewer service through Lot 1 to Lot 2. The applicant shall escrow with the City $3,500 to guarantee the sanitary sewer service extension across Lot 1 to serve Lot 2. A sanitary sewer and water hook-up fee and connection charge will be applied at time of building permit issuance on Lot 2. The cost of extending the water service to Lot 2 from Laredo Lane shall be deducted from the watermain connection charge for Lot 2. The applicant shall prepare and record a cross access easement agreement for the water and sanitary sewer lines that encroach upon the lots. The typical 5 foot and 10 foot wide side, front and rear yard drainage and utility easements shall be dedicated on the final plat. In addition, a 20 foot wide utility and drainage easement shall be dedicated over the existing sanitary sewer line that runs through Lot 1. The developer shall be responsible for all city attomey fees associated with review and recording of the final plat documents, park and trail fees, Surface Water Management fees, and GIS fees pursuant to city ordinance. These fees are due at time of final plat recording. 10. All driveways shall be paved with an all weather surface such as asphalt or concrete. Both lots must be accessed via a common driveway as shown on the plans. The common portion of the driveway must be 20 feet wide and built to a 7 ton axle weight design. Cross-access easements and maintenance agreements shall be prepared by the applicant and recorded against both lots. Lot 1 shall utilize the existing aligmnent and not as shown on the plans. The applicant and city staff will work to find a location for the driveway that has the least amount of impact on the property. 11. The developer shall submit a landscape plan showing minimum buffer yard requirements including one overstory tree, two understory trees and two shrubs. The buffer yard plantings shall be located directly north of the proposed home on Lot 1. 12. The developer shall pay full park and trail fees for one additional lot. One-third of the fees will be payable at the time of final plat recording. The balance of the fees will be payable with the first building permit for a home in this development. All voted in favor and the motion carried unanimously. PUBLIC HEARING: Planning Connnission Meeting March 15, 2000 APPEAL ADMINISTRATIVE DECISION OF STAFF'S INTERPRETATION OF THE SIGN STANDARDS FOR VILLAGES ON THE PONDS, BOKOO BIKES. Bob Generous presented the staff report on this item. Kelly Vigil presented his application to the Planning Commission. Kind moved, Blackowiak seconded to open the public hearing. Vernelle Clayton stated her support for the applicant's request and clarified the intent of the Villages on the Ponds sign regulations Kind moved, Conrad seconded to close the public hearing. After discussion on this item the Planning Commission made the following motion. Kind moved, Conrad seconded that the Planning Commission recommends approval of the request from Bokoo Bikes to allow signage on three sides of the building in Villages on the Ponds with the following conditions: 1. The total area of all signs cannot exceed the ordinance for square footage. 2. The design and location of the signs shall be reviewed by the Architectural Review Committee for Villages on the Ponds. 3. The applicant may select which sides of the building to place the signage. All voted in favor and the motion carried unanimously. PUBLIC HEARING: WETLAND ALTERATION PERMIT REQUEST FOR A SEPTIC HAULER SITE LOCATED ON PARK PLACE, METROPOLITAN COUNCIL WASTE HAULERS AND CITY OF CHANHASSEN. Public Present: Name Address Thomas Zwicker John DiBella 8020 Park Place 1500 Park Road Cindy Kirchoff presented the staff report on this item. Representatives from the Metropolitan Council Waste Haulers presented their request to the Planning Commission and passed around pictures showing similar sites in the metropolitan area. Blackowiak moved, Kind seconded to open the public hearing. 4 Planning Commission Meeting March 15, 2000 Thomas Zwicker stated his concems with this project, being the adjoining property owner, with odor and asked about screening. Kind moved, Conrad seconded to close the public hearing. The Planning Commission discussed concem with the number of vehicles coming and going to this site, and setting a maximum. They also discussed limiting the hours of operation and asking that the applicant submit a landscaping plan for screening. Conrad moved, Blackowiak seconded that the Planning Commission recommends approval of Wetland Alteration Permit #00-2 to permit the filling of 0.13 acres of an ag/urban wetland for the construction of a liquor waste hauler site with the following conditions: 1. A landscaping plan be presented at the time this goes to the City Council. 2. That an altemative gate system that is aesthetically pleasing to the neighbors be installed. 3. Staff and the applicant determine a number to set for the maximum number of truck trips allowed in a single day. 4. Hours of operation for the site be incorporated into the application based on input from the neighbors. All voted in favor and the motion carried unanimously. PUBLIC HEARING: CONSIDER AN AMENDMENT TO THE CITY CODE TO ALLOW PETTING FARMS AS A CONDITIONAL USE IN THE A2, AGRICULTURAL ESTATE DISTRICT AND REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A PETTING FARM IN THE A2 DISTRICT, LOCATED AT 7461 HAZELTINE BOULEVARD, SUSAN MCALLISTER. Public Present: Name Address Susan McAllister 7461 Hazeltine Blvd. Paul Savaryn Cindy Kirchoff presented the staff report on this item. The applicant, Susan McAllister, presented her thoughts on what she would like to do with her property as it pertained to this request for a petting farm. Blackowiak moved, Kind seconded to open the public hearing. Paul Savaryn stated although he was a neighbor and friend of Susan McAllister and wished her the best with her dreams, that he did not believe her property was large enough or the best location for a petting farm. He believed a larger parcel on the west side of Highway 41 would be better suited for this proposal. Planning Commission Meeting March 15, 2000 Kind moved, Blackowiak seconded to close the public hearing. The Planning Commissioners expressed concem that the parcel in question at 7461 Hazeltine Boulevard appeared to be too small for a petting farm. That they would prefer to see such an operation on a larger parcel of land, but would like more information from staff and asked them to bring this item back with more details on what a petting farm would entail. Blackowiak moved, Conrad seconded to table the request for an amendment to the City Code to allow petting farms as a conditional use in the A2 District and asked the staffto bring back more information. All voted in favor and the motion carried unanimously. ONGOING ITEMS: Kate Aanenson informed the Planning Commission of items that were coming up for consideration on the next Planning Commission meeting and what items the planning department were working on. OPEN DISCUSSION: Alison Blackowiak brought up the issue of variances the Planning Commission had approved and asked the Commissioners to look specifically at houses being built on Del Rio and Big Hom Drive. She believed the houses did not fit in with the character of the existing neighborhood and asked that the Planning Commission consider future requests and how to make new houses more compatible with existing neighborhoods. Chairman Peterson adjourned the Planning Commission meeting at 9:50 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 6