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PC Minutes 01-19-10Chanhassen Planning Commission – January 19, 2010 Aanenson: I just want to state for the record then Madam Chair, if anybody appeals this decisions they have 4 days to appeal so that could be applicant or any of the neighbors. Otherwise the decision rests here unless there’s an appeal. Larson: Okay. Alright. PUBLIC HEARING: DOWNTOWN REZONINGS: REQUEST FOR REZONING FROM GENERAL BUSINESS DISTRICT (BG) TO CENTRAL BUSINESS DISTRICT (CBD) ON TH PROPERTY LOCATED ON THE NORTH SIDE OF WEST 78 STREET BETWEEN KERBER BOULEVARD AND POWERS BOULEVARD (WEST VILLAGE HEIGHTS NDRD 2 AND 3 ADDITIONS); REZONING FROM GENERAL BUSINESS DISTRICT (BG) TO AGRICULTURAL ESTATE DISTRICT (A2) ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 5 AND MARKET BOULEVARD (OUTLOT A, CROSSROADS PLAZA ADDITION); AND REZONING FROM HIGHWAY AND BUSINESS SERVICES DISTRICT (BH) TO AGRICULTURAL ESTATE DISTRICT (A2) ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF HIGHWAY 5 AND MARKET BOULEVARD (OUTLOT B, CROSSROADS PLAZA ADDITION AND LOT 3, BLOCK 2, FRONTIER DEVELOPMENT PARK). APPLICANT: CITY OF CHANHASSEN, PLANNING CASE 10-02. Public Present: Name Address Dick Klonbeck Investors Real Estate Trust (Owners of West Village Heights Center) Bob Generous and Kate Aanenson presented the staff report on this item. Laufenburger: Can I speak to this, what you’re showing us right now? Aanenson: Yes. Generous: Yes. Laufenburger: To me it feels like you’re opening up the possibility of space which is now covered for parking could potentially become, I even hate to use this word but almost a kiosk type establishment. I think they’re not even present anymore but maybe a small drive thru coffee. Generous: Potentially. Aanenson: Potentially. Or it could be, if you look at the size of, for example Jimmy John's is 1,500 square feet. So that’s what we, intensify some of that, maximizing that space and value that we’ve created in that downtown core and looking at the uses. Meeting with the property 9 Chanhassen Planning Commission – January 19, 2010 owners. It could be bigger than that. I think we have some experience of looking at Villages on the Pond and the shared parking. Kind of what those peak demands are, and those would be some of the decisions looking in that, making sure, as Bob stated, on both those parking lots are maximized at certain seasons of the year. For example both those, both the Target site and the Byerly’s site have seasonal use. The garden center, which we encourage. It gets some visibility. Some line so we know that they can support that seasonally. It’s how you look at those mix of uses during the winter months full time. Sometimes that’s used for snow removal. Storage space and so we just think there’s an opportunity to capitalize on that and get those trips downtown so you’re right. We have to look at how that mix works and the right type of use. Not just to put something out there to put something out there, but compatibility. Laufenburger: Thank you. Generous: Yeah, and as Kate stated, we did do a comparison of the uses. I have the table in the book. They’re a little, or in the report. However the big change is the auto related uses are being prohibited from this district by rezoning it from general business to CBD. However additional uses are permitted including some multi-family and so as the city evolves in the future we think that this will provide us with a great opportunity to go forward. Aanenson: I just want to add one other thing. Just to be clear I think the other issue we looked at is, we’re not creating any non-conforming situations which was, which is critical for an owner of a building that has to worry about that cloud but this doesn’t create any non-conforming situations. Larson: Could I ask you to clarify that? You said it does not allow automobile related uses? Generous: Well auto repair shops for instance would not be. Larson: Well you’ve got a tire shop and you’ve got a. Aanenson: That would be in the business highway district. Generous: Yeah, that’s in BH. This is for. Thomas: This is for Byerly’s. Generous: This is, well the westerly side. Thomas: …to Office Max or Depot, whatever. Aanenson: The BG. Larson: I’m sorry. I apologize. Got it. Generous: And that’s, we believe that auto related uses are permitted in the BH district and then our industrial office parks but not in our downtown area. 10 Chanhassen Planning Commission – January 19, 2010 Larson: Okay. Generous: So it’s just auto repair shops, things like that but any retail could go into our central business district or service uses. Things like that. Larson: Okay. Generous: And again, so this is what in essence will happen with the proposed rezoning of these properties. We turn additional property red on the west side of downtown and then the two areas on Highway 5 become green. Staff is recommending the Planning Commission adopt a motion to approve the rezonings and as specified in the staff report. No conditions of approval on rezonings but there’s conditions of use that result of the rezoning. With that I’d be happy to answer any questions. Larson: Alright. Let’s start with you Dan. Do you have anything? Keefe: No. I’m in support of this. I think you know I think change is good. I think you’re going to get a chance to fun some things up a little bit. It’s not that dramatic change by any stretch of the imagination but I think you know adding some things can draw more people to downtown, which is what I think we’re trying to do here so I think it’s good. Undestad: I agree with Dan. Larson: Okay. Thomas: Same. Laufenburger: Concur. Larson: As do I. So do I. Alright. Well I will open the public hearing. If anybody out in the audience would like to come up and any questions or talk about it. Please state your name and address for the record. Dick Klonbeck: Good evening. My name is Dick Klonbeck. I represent Investors Real Estate Trust. We are the owners of the West Village Height Center. The Byerly’s center. Had the opportunity to sit down, meet with staff. Kind of go through these things and by and large I don’t really have any issues with what’s being proposed here tonight so I just wanted to identify myself. Say I’m here if anybody from the commission has any questions. I’m happy to answer them relative to our specific site area but I guess I’d just as a point of clarification, as I was going through the list and looking at the changes in the permitted uses, the garden center concept. How is that handled Kate with, I mean because I know the grocery store, Byerly’s technically would do a seasonal thing… Aanenson: Yes, we love that and actually that’s through a temporary use ordinance. What our temporary use ordinance allows is something that you sell already on your property that you 11 Chanhassen Planning Commission – January 19, 2010 could just come in and get a temporary use ordinance to operate that, and that’s what we’ve done so we just look at whether you need any services. How it’s going to affect parking circulation and so that would still remain the same. Dick Klonbeck: Okay. Generous: Since you can sell inside, you have an event outside too. Dick Klonbeck: Okay. Aanenson: What we don’t want to do, if it’s not something you sell on the premise, invite all kinds of transient merchants in so we want to have some control with those users so, since they’re already selling flowers in there, that’s consistent. Larson: Okay. I have a question for you Dick. Have you got any ideas as to what you would like to see go in there being that it would be on the adjacent site of your property? Dick Klonbeck: Well this gets to be a little bit of a tricky issue. What I’d like to see and what market will allow me to you know put in there are really two different things. Current market conditions are a bit different from when this whole issue started and when they started this planning back in 2006. Much different world in terms of retail development. I guess what I would foresee that, I think something that’s important to remember here, this is cyclical and so we happen to be in a down period. We will come out of this and then we’ll be in a position at some point in the future to see future development here. I guess what I would envision would be, what I would call an outlot building. A small building of maybe 5,000 to 10,000 square foot th footprint in size that would occupy kind of the south end of our property, closer to West 78 Street. In terms of what uses are there, boy that’s. Larson: I didn’t mean to put you on the spot. Dick Klonbeck: Yeah. Well I mean I do have, I do have certain restrictions within my Byerly’s lease so it’s extraordinarily difficult for me to put in any kind of a food use out there. That’s a natural, and that’s actually the type of a development. I mean we have people who have indicated interest that they’d like to have space in a development like this. Larson: Okay. Laufenburger: I would just ask that you keep in mind the major occupancy that occurs on that th corner on July 4 every year. Dick Klonbeck: Yes. Laufenburger: Thank you. Dick Klonbeck: We are well aware of the influx of people and what happens. We’re happy to have people come. 12 Chanhassen Planning Commission – January 19, 2010 Larson: Alright, good. Okay. Good, thank you very much. Okay, is there anybody else? No? Seeing that nobody else would like to come up I will close the public hearing and we’ll start with you this time Kathleen. What do you think? Thomas: I think it’s really, I think it’s good. It’s a good clean up. It’s, I think it will be good for when we get to that point eventually of being able to potentially develop the downtown or bring more influx of people in and different businesses in which is just all around good. You know like kind of the one stop shopping ability to be able to go and collect different things and walk places and it seems great so I’m completely in favor of it. Larson: Okay. How about you Denny? Laufenburger: As am I. No questions. Keefe: I’m in favor. Undestad: I’m good. Larson: Okay. I will entertain a motion. Undestad: I’ll grab this one. I make a motion the Chanhassen Planning Commission recommends that the City Council approve the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West ndrd Village Heights 2 Addition and Lots 1, 2 and 3, Block 1, West Village Heights 3 Addition. Rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A, Crossroads Plaza Addition and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition and Lot 3 in Block 2, Frontier Development Park. Larson: Have I got a second? Keefe: Second. Undestad moved, Keefe seconded that the Chanhassen Planning Commission recommends that the City Council approve the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West ndrd Village Heights 2 Addition and Lots 1, 2 and 3, Block 1, West Village Heights 3 Addition; rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A, Crossroads Plaza Addition and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition and Lot 3 in Block 2, Frontier Development Park. All voted in favor and the motion carried unanimously with a vote of 6 to 0. 13