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PC 2009 07 21 CHANHASSEN PLANNING COMMISSION REGULAR MEETING JULY 21, 2009 Chair Larson called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Debbie Larson, Mark Undestad, Denny Laufenburger, Kathleen Thomas, and Tom Doll MEMBERS ABSENT: Dan Keefe and Kevin Dillon STAFF PRESENT: Kate Aanenson, Community Development Director; and Angie Kairies, Planner Larson: Before we get started I just wanted to mention that I’m really proud to be part of our city, especially after the Money Magazine number 2 pick of the best small towns in America. So I think each and everyone of us here has a little something to do with that. So kudos. OATH OF OFFICE. Chair Larson administered the Oath of Office to the new member of the Planning Commission, Tom Doll. ELECT CHAIR AND VICE CHAIR. Aanenson: Then the next item is because the current Chair has moved on, we have to elect a new Chair. Currently the Vice Chair would step in normally into, if the Chairman is gone but because this is going to be a permanent position you should consider formalizing the Chair and the Vice Chair. So by your By-laws you would select somebody and then going for a majority and that person would, majority voting, would make the selections. So I would recommend you would first, I don’t know if you want to do Vice Chair or Chairman first, whatever is your preference but somebody should nominate and then second that and then vote on that. Laufenburger: Madam Chair. I would like to place a nomination, Debbie Larson’s name for Chair of the Chanhassen Planning Commission. Thomas: I second that. Larson: Do I have to agree to it? Laufenburger: Well you have to determine if it’s a valid motion. Larson: Okay. Seconded. It’s a valid motion. Aanenson: Okay, you want to vote on that? Larson: Okay. Chanhassen Planning Commission – July 21, 2009 Laufenburger moved, Thomas seconded to appoint Debbie Larson as Chair for the Planning Commission. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Larson: It carries. Okay, then do you want me to? Aanenson: Sure. Larson: Vice Chair. Anybody have a nomination for Vice? Undestad: I’ll make a nomination for Denny. Put Denny in for the Vice Chair. Larson: Okay. Anybody want to second that? I’ll second it. Can I second it? Aanenson: Yes you can. Undestad moved, Larson seconded to appoint Denny Laufenburger as Vice Chair for the Planning Commission. All voted in favor and the motion carried unanimously with a vote of 5 to 0. ORDINANCE AMENDMENT TO CHAPTER 20, ZONING – SIGNAGE. Kairies: Good evening Madam Chair, members of the Planning Commission. This item was th tabled at the June 16 meeting to discuss some revisions that the Planning Commission directed staff to look at. This is regarding electronic message center signs. Just to recap what we went over at the previous meeting. We went over permitting scrolling as a function of the sign. For text. Allowing multiple colors. Continuing to prohibit the animation and special effects on those signs. And then approve electronic message center signs administratively rather than a conditional use permit, and what we’re going to, what we looked into was the percentage that that message center can occupy of the sign. We re-evaluated that the smaller the sign, you’d get an increased portion of the electronic message center. So for a sign that is 0 to 24 square feet you would be able to have 50% of that sign be electronic message center. For a sign that’s from 25 to 64 square feet, 45% of that sign can be electronic message center. And 65 to 80 square feet you would be allowed 40% of that going to be electronic message center. At this time I will take any questions that you have. Larson: Tom, would you like to ask a question? Doll: I did not have a question at this time. Larson: How about you Denny? Laufenburger: I do have a question. You indicate that there are some signs that are already in place and you indicate the percentages that they have of signage. Walgreen’s, Chapel Hill, etc. Based on this recommended language or this recommended appendage from the staff, would any of these signs be out of compliance? 2 Chanhassen Planning Commission – July 21, 2009 Kairies: Well the American Legion sign would still be a non-conforming sign. It’s a legal, non- conforming sign. Laufenburger: In other words it’s been given permission to be that size? Kairies: Correct. Laufenburger: Okay. Kairies: So any signs in place today that do not meet that criteria are considered legal, non- conforming. Laufenburger: Okay. And the Walgreen’s, because the square foot display is 64 square feet. 46% would exceed the 45%. Kairies: Correct. Laufenburger: Is there anything we have to do to act on that to say you’re okay, you don’t have to change your sign? Kairies: No. Laufenburger: Okay. Alright. Then I had one other question. I think you just, there are certain entities in the community that are exempt from conforming to this, is that correct? Could you just re-state for the record what are those entities. Kairies: Any sign that’s located on land owned or leased by a public entity. Laufenburger: Such as the City? Kairies: Such as the City. Laufenburger: School? Kairies: School and that about sums it up. Laufenburger: Okay. That was my questions. Thank you Chair. Larson: Kathleen. Thomas: No, I think it looks much, I feel like it fits more with what we were looking for so thank you. Larson: Okay, Mark? 3 Chanhassen Planning Commission – July 21, 2009 Undestad: Nothing. Larson: Well you answered the one question I had because the one the City just put up is closer than 50 feet from the intersection so that was my question so. With that I will, do we entertain a motion at this point? Aanenson: Yes. Larson: I’ll entertain a motion. Thomas: Okay, I will make one Madam Chairperson. The Chanhassen Planning Commission recommends that the City Council adopt the proposed amendment to Chapter 20 of the Chanhassen City Code as outlined in the staff report. Larson: Do we have a second? Undestad: Second. Thomas moved, Undestad seconded that the Planning Commission recommends that the City Council adopt the proposed amendments to Chapter 10, Zoning, Signs of the Chanhassen City Code as outlined in the staff report. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CHANHASSEN BUSINESS CENTER: REQUEST FOR CHANHASSEN BUSINESS CENTER PUD AMENDMENT AND SUBDIVISION OF LOT 2, BLOCK 1, TH CHANHASSEN BUSINESS CENTER 4 ADDITION INTO TWO LOTS. APPLICANT: EDEN TRACE CORP, PLANNING CASE 09-08. Commissioner Mark Undestad recused himself for this item due to a conflict of interest. Kate Aanenson presented the staff report on this item. Larson: Kathleen, start with you. Thomas: Actually I don’t think I have a question at the moment so. It seems pretty self explanatory. Larson: Okay. How about you Denny? Laufenburger: I do. Kate, could you just explain. I see two driveways on here, is that correct? Aanenson: That’s correct. Laufenburger: Okay, and so the, you spoke of an agreement between the two parties. Aanenson: Yes. 4 Chanhassen Planning Commission – July 21, 2009 Laufenburger: So that agreement will stipulate that both parties could use both driveways for access, is that correct? Aanenson: That’s correct. The cross access agreement, and I’ll read it how it’s stated in the staff report. Cross access agreements and maintenance shall be recorded for both parcels so we’re assuming that they could use both driveways. Laufenburger: Okay, and what you’re doing by making the driveway to the west part of Parcel 2. Aanenson: Correct. Laufenburger: That gives them Lake Drive West frontage. Aanenson: Correct. Laufenburger: So that building can have a sign. Aanenson: That’s correct and that’s why it was moved over just a little bit to accommodate working with both parties to make sure that they had access to the sign. And that’s where that deviation comes in. You could average it but we just want to make sure that there’s a 200 foot requirement under the underlying IOP but that minor deviation we don’t see as a very big deal and again, so people on Parcel 2 can use Parcel 1 to come down or people in Parcel 1 could use Parcel 2. Maybe not as likely but they certainly could. Laufenburger: And the idea is that in the, in what we see on the screen right now, in the upper left or the northwest corner there, the northwest corner over here, that little L is giving that parcel space for that sign. Is that correct? Aanenson: Yes, and here’s the sign. It’s maybe a little bit easier to see on this one. This is the sign location right there, that’s correct. Yes. Laufenburger: Alright. Aanenson: And I again with the staff felt that was very reasonable. Laufenburger: Okay. That’s what my only question was. Larson: Okay. Doll: No questions. Larson: No questions? I don’t think I have any at this time either. Aanenson: This is a public hearing so if you did want to open that, if there’s any comments. 5 Chanhassen Planning Commission – July 21, 2009 Larson: Okay. Since you just walked in I’m going to ask if you have any questions or comments? No? Okay. Then I will close the public hearing and bring it back to us. What do you think? Thomas: I think it makes sense. When I read through it it seemed like it was a good clean up. Good way to divide it. Sharing the same driveway doesn’t seem to be, it seems like it will be an okay thing. I don’t, both sides can handle the parking. It seems like it will work. Larson: Okay. Denny. Laufenburger: I agree. I think staff’s done a good job here and I’m certainly in favor of this. Larson: Okay, Tom. Doll: It looks like it works. Larson: Okay. Well, I think it’s been very well thought out. Very smartly thought out that they can both get access and signage on Lake Drive. The fact that there’s no issues with parking or driveways and all is happening together, I think I’m in favor of this as well. At that I would entertain a motion. Laufenburger: Madam Chair I’ll make a motion. This is a two part motion. I’m going to include them both. Larson: Okay. Laufenburger: First the Chanhassen Planning Commission recommends that City Council approve the amended standards of the Chanhassen Business Center Planned Unit Development as stated in the attached Exhibit A and a deviation from the lot depth standards to permit the th subdivision of Lot 2, Block 1, Chanhassen Business Center 4 Addition into two lots. And the Chanhassen Planning Commission recommends that City Council approve the subdivision of Lot th 2, Block 1, Chanhassen Business Center 4 Addition into two lots creating Chanhassen Business th Center 5 Addition, subject to conditions 1 through 4 on page 9 of the staff report. Larson: Okay, do I have a second? Thomas: Second. Laufenburger moved, Thomas seconded that the Chanhassen Planning Commission recommends that City Council approve the amended standards of the Chanhassen Business Center Planned Unit Development (PUD) as stated in the attached Exhibit A and a deviation from the lot depth standards to permit the subdivision of Lot 2, Block 1, th Chanhassen Business Center 4 Addition into two lots as follows: thth s Chanhassen Business Center 4 and 5 Addition (Outlot D) (Block 1, Lot 1) 6 Chanhassen Planning Commission – July 21, 2009 Lot # Lot Size - Acres Building Sq. Ft. Building Impervious Coverage 1 2.66 57,000 29% 60% Lot 1, Block 1, 1.92 19,100 23% 55% th CBC 5 Add. Lot 2, Block 1, 2.9224,90020%65% th CBC 5 Add. Subtotal 7.5 101,000 avg. 27% avg. 60% All voted in favor and the motion carried unanimously with a vote of 4 to 0. Laufenburger moved, Thomas seconded that the Chanhassen Planning Commission recommends that City Council approve the subdivision of Lot 2, Block 1, Chanhassen th Business Center 4 Addition into two lots, plans prepared by McCombs, Frank, Roos th Associates, Inc., dated July 14, 2009, creating Chanhassen Business Center 5 Addition, subject to the following conditions: 1.Cross-access easements and maintenance agreements shall be recorded for both parcels. 2.Any utility service that crosses over the other property must be within a private easement recorded against the property. 3.The properties must comply with the development design standards for Chanhassen Business Center as amended. 4.There shall be no direct access to Audubon Road.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: WEST ONE: MINOR LAND USE PLAN AMENDMENT TO RE-GUIDE PROPERTY FROM COMMERCIAL TO OFFICE INDUSTRIAL LOCATED NORTHEAST OF HIGHWAY 5 AND SOUTHWEST OF THE INTERSECTION OF KERBER BOULEVARD AND PICHA DRIVE (LOT 1, BLOCK 1, WEST ONE ADDITION – 7900 KERBER BOULEVARD), PLANNING CASE 09-09. Kate Aanenson presented the staff report for this item. Larson: Any questions? 7 Chanhassen Planning Commission – July 21, 2009 Doll: Just one. Just as a learning thing here, the Met Council. What is their, why are they involved in this or why would they have been involved in this? Aanenson: Sure. A good question. They have jurisdiction over land use. That’s one of their, you know transportation, land use, sewer, water. Because this is a, what they consider a minor amendment that doesn’t affect any major systems because it’s already in place, they already waived off on any comment and will expedite that. When we do, if we were to do a significantly larger one, they may have comments on it or allow adjoining city, for example if we did a large subdivision with major traffic components, Chaska may want to comment on that and say how that affects their, either their utilities or their transportation system and what the Met Council does is kind of acts as a mediator if there’s a dispute between the two cities. Doll: Okay. Aanenson: Fortunately we have a good relationship on these minor amendments. Most cities are pretty expedient of signing off if they don’t see any impact to them. Doll: And they agreed with that and it was supposed to be zoned the way we want it now? Aanenson: Correct. Yes. Doll: Or you want it now? Aanenson: Yes. Yep. Doll: That’s all I have. Larson: Okay. Laufenburger: The property on which the service center is occupied immediately to the north. Aanenson: Correct. Laufenburger: How is that currently zoned? Aanenson: That is zoned, it should be General Business. That’s this piece right here. Laufenburger: Yeah. Aanenson: Yeah. I don’t think it’s PUD. I believe that’s General Business. I don’t have that. Laufenburger: Okay. Just one other question. The people who occupy this space at the present time, are they in compliance with the new proposed guiding? Aanenson: Yes. They were in compliance with what we believed was in place. 8 Chanhassen Planning Commission – July 21, 2009 Laufenburger: Intended to be in place in 1993. Aanenson: Correct. Laufenburger: Had things proceeded, correct? Aanenson: Correct. All those uses based on the PUD that’s in place are consistent with that. Laufenburger: Okay. So as a result of this change, well you mentioned this that you polled all of the, not only these business but those in the surrounding area. Aanenson: Yes. Laufenburger: And you have no objection to this change? Aanenson: Yes. Mr. Hansen who is here representing the building is aware of that because they were actually the ones that approached us too and we kind of did the research on that. Laufenburger: Okay. Aanenson: But having said that, the application that we just did where we changed the underlying zoning district, at some point we’re going to have a discussion on that because we have a district that is silent on some issues when we did that PUD. So we’ll have to go back and kind of address that. Long term wise when they want to do something with the building. There’s, it’s a mix between general business and IOP so somewhere we need to figure out some, just some generalized landscaping, parking standards. But to be consistent and let them to kind of move on we wanted to get this cleaned up as soon as we could because obviously it was over 20 years in the making of that error. Want to fix that. If that makes sense. Laufenburger: Yeah. Thank you for that clarification. That’s all I had Madam Chair. Larson: Okay. I think it’s all been covered. That’s all I have. Would you like to come up and say anything? Mr. Hansen: I think we’re just fine. We agree with all… Larson: Okay. Well with that. Aanenson: You can open and then just close the public hearing just for the record. Larson: Okay. Open the public hearing. Nobody here. Close public hearing. We’re done. And we’ve already discussed it so I will entertain a motion. Undestad: I make a motion that the Planning Commission recommends approval of re-guiding the highlighted property shown in Exhibit A from Commercial to Office Industrial. 9 Chanhassen Planning Commission – July 21, 2009 Larson: Do I have a second? Thomas: Second. Undestad moved, Thomas seconded that the Planning Commission recommends approval of re-guiding the highlighted property shown in Exhibit A from Commercial to Office Industrial. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: ORDINANCE AMENDMENT TO CHAPTER 20, ZONING – BOATS AND WATERWAYS. Kate Aanenson presented the staff report for this item. Larson: Does anybody have any questions? I have one. On page 3 of the report. Actually 3 and 4 where it talks about no watercraft shall be moored or docked overnight on water of any lake unless it’s currently registered to pursuant to blah, blah, blah, blah. And then it talks about being a blood relative of the owner. Okay. My scenario here is what if it’s an adopted child of an owner? Aanenson: That’s fine. Larson: That’s not a blood relative then and that’s why I think the verbiage blood relative maybe should be modified to say something like legal relative or you know. Aanenson: I’ll have the city attorney look at that but we had made that change a number of years ago and I believe that’s the language that we were directed to give. It says relative or blood relative I believe so I. Larson: Well it just says blood relative here and that’s why I’m thinking and you know if there was a case where, and not that it would ever come up but if it ever did I would take issue with that. Aanenson: I’m looking for the exact language on that. Larson: Page 4 at the very top. Laufenburger: I think it’s the second page 4. Larson: Oh, is there two page 4’s? Laufenburger: Yeah. Larson: Sorry ‘bout that. Second to the very last page on the top. Which would be item 5(b). Oh whoops, yep 6(b), sorry. 10 Chanhassen Planning Commission – July 21, 2009 Aanenson: Yeah, so you’d have to go to the definition of Minnesota State Statute 86B. I think that further defines. Larson: Okay. Well I just didn’t know if that would ever come up. Aanenson: I’ll just double check and I’ll get back to you on that too. Larson: Okay. That’s all I have. Chair Larson opened the public hearing. No one spoke and the public hearing was closed. Larson: So do I have a motion? Laufenburger: Madam Chair. I would move that the Planning Commission recommends that the City Council adopt Section 20-920 of Chapter 20 of the Chanhassen City Code as outlined in the staff report attached. Larson: Do I have any friendly amendments here? I’d like to add one just to have that one thing considered. Aanenson: Sure. I’ll make sure that that gets noted for the council, that that was a question and address it. Larson: Okay. Alright, have I got a second? Thomas: Second. Laufenburger moved, Thomas seconded that the Chanhassen Planning Commission recommends that the City Council adopt Section 20-920 of Chapter 20 of the Chanhassen City Code as outlined in the staff report, amended to include clarification of the verbiage relating to “blood relative”. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES:Commissioner Thomas noted the verbatim and summary minutes of the Planning Commission meeting dated June 16, 2009 as presented. COMMISSION PRESENTATIONS: None. CITY COUNCIL ACTION UPDATE: Aanenson: I don’t know if everybody looked at it but we did present the city code amendments regarding the stuff that you had acted on regarding LED lights, farm animals and yard regulations and obviously Mr. Doll got appointed and has been duly sworn in as a member. They also approved extension of Boulder Cove. That subdivision is north of Highway 7. On the other side of the cross street there would be Minnewashta Parkway as it goes across. That was, kind of butts up against Shorewood there. Gave an extension on that one. And then we’re 11 Chanhassen Planning Commission – July 21, 2009 working on Nick’s Storage. Considering a revocation of that to get that storm water pond constructed. That hasn’t been done to date so we’re giving them, the Council gave them 60 days to work on that so. And we will be, we’ve been, you’ve been reviewing the ordinance amendments, excuse me the definitions which you saw tonight regarding that little handout, and that talked about further definition of using just only text on the signs. So those definitions then will go to City Council as we’ve been putting in the boats and waterways and those sort of things so I think we’re getting close. Now the next grouping that we’re going to be doing, we talked about the downtown business group. We’ve had that first kick off meeting and then looking at meeting with some of the other property owners down there. Looking at the underlying zoning and we’re going to get rid of the business highway. Excuse me, keep the business highway. Get rid of the general business and combining along for greater intensity so we’ll be having some of those meetings so this fall you’ll be having some rezonings, those to clean up that area, and that would also include the community commercial district. That new district so we’ll probably have a few more work sessions on that. The City Council is having a work session only on their next meeting next Monday so you won’t get any fallback from that, and there’s a little disconnect th because we are not meeting August 4 for National Night Out. We’ve had some complaints on that. That people would like to attend their neighborhood get together as opposed to coming here so in reference to that we’ve, we had taken that as a no meeting night. We do have items set th for the August 18. We received a lot of calls that Camp Tanadoona may be for sale. I want to clarify that it is not. They’re asking for a sign permit so there is a city sign out there so it’s not for sale. We have a couple of variances that we’ve put on there too and there might be, so there th will be at least four applications for your August 18 meeting. Now because we’ve had some offset meetings, the next meeting that those people could get onto wouldn’t be for almost a month later so we’re going to try to fast track some of those. Most of them are variances so unless they’re appealed, except for the sign, that would have to go to City Council. We’d like to be able to fast track those so they’ve been waiting for quite a long time. Two of them, one of them regarding building home so we’d like to see that be able to move forward before we get late into September so hopefully we can accommodate that. And then we did include in your packet the population information too. Kind of where we are. This always goes back a year so this would be actually at the end of April, 2008. That letter that just came out in May so kind of see where we’re at for population. And some of the other things that we’re working on, just to give you an update. Working on some of the, there’s been some vacant home complaints but we’re kind of managing those. We’re putting together a report and we’ll be sharing that with you too. Kind of where we are with. Larson: What do you mean vacant home complaints? Aanenson: Properties that aren’t being maintained. Because they’re vacant. So we’re trying to manage some of those and so I think we’ve got a good handle on those. Those are kind of working their way through the system as far as being sold and fixed up and we’ll kind of give you an update on that as we share it with the council too, that information. We’re getting that all put on a data. I think we’re just about done with all the raw data. We’re just checking kind of what’s going on out there in rental licensing and just making sure that, there’s some complaints on that so we’re trying to stay on top of that so a big part of what Angie does is following up on some of those nuisances. Between Angie and the CSO’s, trying to stay on top of those and make sure people feel like we’re responding to those issues. It’s always a tough task. 12 Chanhassen Planning Commission – July 21, 2009 Larson: One question regarding, I read an article not too long ago about, and maybe this isn’t even the right place to bring this up but Ash Borer. Aanenson: Yes, Jill’s following up on that. She’s had a lot of people bring in bug species but to date we do not have any. Larson: Because I had a tree just all of a sudden. Aanenson: She showed me the pictures of that. Larson: Isn’t that weird? Aanenson: It’s really sad. Larson: It’s like completely empty on one side. Aanenson: Yeah. Yep, she’s had probably 1 or 2 a week that come in, that bring in bugs but, and we also have some, there’s an article that Jill’s working with the DNR. Hanging the bags to attract. Larson: We don’t have any bugs though, yeah. Aanenson: No, but go around just in city wide we are on top of that and Jill’s had numerous calls to go out and inspect property. Obviously your’s in one of them unfortunately with a dead tree so yeah. But thank goodness we got some rain. Larson: Yeah. Laufenburger: Question? Are you, do you have any update on, I think it’s called Crossroads? Lyman and 101. Are they having any success with tenants in that area? Are you hearing anything about that? Aanenson: They’ve had some leases but not enough to build the building yet. I’m meeting with someone across the street regarding. Laufenburger: That’d be in the bus station area? Aanenson: Yes. Regarding the housing tomorrow so we’ll see where that goes. But Kwik Trip should be opening up here in August. Yeah, so that’ll be opening. And Walgreen’s is also opening up on 7 shortly here too so. I did get an opportunity to go through the new high school so I might see if I can schedule another tour that we can go back through that and maybe just look at some other projects in town, as we do try to do that in the fall. See what’s going on in town. 13 Chanhassen Planning Commission – July 21, 2009 Laufenburger: Then one last comment. In early August we’re going to get a lot of traffic on Highway 5 passing through Chanhassen on their way to 41, and this will be a national traffic. Is there any plans on the part of the city to promote our position as number 2 according to Money Magazine? Aanenson: Yeah, I know in the past we’ve put up banners so I’ll certainly check with the City Manager on that but I would concur. Laufenburger: Yeah, it’s just be, there’s going to be. Aanenson: And it would be nice for some of the business community too, to kind of get together and promote some of that too. We were just talking about that. We’ve had a lot of requests for interesting types of sales. We’re kind of, you have to be an existing business to sell. We don’t want a lot of vendors coming in…but off premise sales and storage but I think that’d be an opportunity for the business maybe to get together and promote that. Themselves. Larson: Am I missing something here? th Laufenburger: The PGA is going to be at Hazeltine on August, the week of August 11 through th the 16 so. Aanenson: But yeah, let me check with the Chamber, the business group on that and that’s a great idea. See what we can do to. That’s all I have. Larson: Does anybody else have anything to contribute here? Laufenburger moved, Larson seconded to adjourn the meeting. The Planning Commission meeting was adjourned at 7:40 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 14