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CC Minutes 01-24-2011Chanhassen City Council - January 24, 2011 20.The applicant shall verify that the tennis courts are outside any easements and meet the 15 foot side yard setback. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CHES MAR REZONINGS AND PUD AMENDMENTS: CONSIDER APPROVAL OF ND REZONING PROPERTY WITHIN CHES MAR FARM, CHES MAR FARM 2 ADDITION AND CHES MAR TRAILS TO PLANNED UNIT DEVELOPMENT (PUD); APPLICANT: CITY OF CHANHASSEN. Kate Aanenson: Mayor, members of the City Council. This item appeared before the Planning th Commission on January 4 and they unanimously recommended approval 5-0. The Ches Mar Farm is located off of Hazeltine Boulevard, just north of Camp Tanadoona and south of the Minnewashta Regional Park. This area, the underlying area around this is zoned rural residential and does not have any utility services to it. This parcel was brought to our attention, the three parcels as the Ches Mar, was brought to our attention when someone called in for a zoning information and we realized some ambiguity in the three different plats so it’s before you today and really to simplify, similar to what we’ve done with the industrial property where we actually went back and had the PUD tied back to a specific, because there were no ordinances attached. We’re tying this back to the underlying rural residential but for a couple anomalies which I’ll speak to in a second. So the reason for the request is that we noticed the mapping area. Again we are the keeper of the mapping so if someone calls in to get zoning information for refinancing it needs to be correct and noted what their rights are with the property. So on researching these three plats the inconsistencies were determined and the purpose is to clarify the underlying zoning district, specifically the rural residential for the three parcels. The Ches Mar Farm, Ches nd Mar 2 Addition and Ches Mar Trails. Also within that the anomalies then would be, there is an existing stable on the property that, in that district, we’re going to make it, because it’s already there, an accessory use rather than a conditional use because as long as that property stays in the rural residential, that horse property will stay there. So these are the number of parcels that are involved in all of the rezoning in itself so there’s three outlots included in there, but they are different plats and that’s where the little mess occurred. So over time there was a couple of subdivisions in place for this parcel and to correct that we’re going to kind of go back through each of the different plats to show you how it worked and so these are the three parcels that were in place. The Ches Mar Farms, which had a number of properties on it, which I’ll go through in nd a minute. The Ches Mar Farms 2 Addition and then the Ches Mar Trails. So for the history of it the Ches Mar Farms in and of itself was done in April, 1986 and that was actually done because there was, it was an R-1 at that time. Was given a PUD to accommodate the fact there was multiple units out there. There were 12 parcels so I tried to parcel those out and in order to do that our ordinance allows for multiple units on one parcel using the PUD tool so it was done that. The problem that happened is it wasn’t tied to an underlying zoning. We couldn’t find that ordinance so to clarify too, before we did this rezoning with the Planning Commission, a notice went out to all the property owners explaining in detail what we intended to do and clarify. We met with all of those so some of them did show up to the Planning Commission but, so they were given a lot of notice and it does resolve some of their issues with the parcel in the fact that there are some non conforming uses on the property that will remain in place that we’ve addressed. So again it was a 12 acre parcel. It was split into 4 so each parcel had their own property. From that 56 Chanhassen City Council - January 24, 2011 ndnd additional splits took place. So the 2 Addition came in and that was Ches Mar Farms 2 and the intent of this was to subdivide 22.8 acres into 2 lots. Again this time when the RR zoning was in place. Again no ordinance was applied. And then in 1991 an additional development was created. At that time the City Council stated that they could meet the conditions of the RR and wanted to do that but again there’s no record of the ordinance in place. So what this does, takes all those ordinances and creates it all PUDR so they all have that same zoning. The one piece that was left off, that just left RR, we made it all PUD. It makes it easier. The underlying property owner’s comfortable with that so they all are PUD with the underlying standards of the Rural Residential. The only other thing that changed will be on the ordinance part of it self and that was that we did allow under the no noted, under permitted use on Lot 1, Block 2, they can continue to use as a twin. A duplex up there and that property owner was at the Planning Commission meeting so that twin home will continue on that property as long as it stays in the state it’s in now. And then the other would be the accessory use and rather the conditional use for the stable which has always been there. It’s rather than conditional use, that lot will be an accessory use. So it does meet all the conditions of the PUD and the RR so with that we are clarifying the property itself. Putting together an ordinance so if someone wants to find out what’s permitted on their property and what’s it zoned, we have that legal document for them so it’s really a clean up. So with that I’d be happy to answer any questions that you may have. Mayor Furlong: Thank you. Questions for city staff. None? Okay. Very good. Thank you and thank you Ms. Aanenson for your efforts there and for the Planning Commission’s as well. Any thoughts? Comments. Or would somebody like to make a motion? Councilwoman Ernst. Councilwoman Ernst: I make a motion that we approve the rezoning of Parcel 1, Lot 1, Block 1, nd Ches Mar Farms 2 Addition, Parcel 2, Ches Mar Trails and Parcel 3, Ches Mar Farms to Planned Unit Development, PUD adoption of attached ordinance and adoption of Planning Commission’s Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Councilman Laufenburger: Second. Mayor Furlong: We’ll give it to Councilman Laufenburger. Councilman Laufenburger: It’s a longer name than Tjornhom. Mayor Furlong: It is. Todd Gerhardt: Poor Nann. Mayor Furlong: Well Tjornhom, I mean come on. There isn’t an Anderson or Johnson among us is there? Motion’s been made and seconded. It is getting late if no one can tell. Any discussion on the motion? Seeing none we’ll proceed with the vote. 57 Chanhassen City Council - January 24, 2011 Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council nd approves the rezoning of Parcel 1 (Lot 1, Block 1, Ches Mar Farms 2 Addition), Parcel 2 (Ches Mar Trails), and Parcel 3 (Ches Mar Farm) to Planned Unit Development (PUD); adoption of attached ordinance and adoption of the Planning Commission’s Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. SUPPORT OF A NOMINATION FOR METRO CITIES BOARD. Mayor Furlong: Mr. Laufenburger, you asked that this be put on. Councilman Laufenburger: Yes Mr. Mayor. I’d like to move that the Chanhassen City Council extend support for Councilwoman Vicki Ernst’s nomination for filling a current vacant and unexpired term on the Board of Directors Metro Cities Board Minnesota. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I’ll second. Mayor Furlong: Motion’s been made and seconded. Discussion, Mr. Gerhardt. Can you give us a little background on the. Todd Gerhardt: Yeah, we are a member of the Metro Cities Board. Metro Cities advocates on behalf of their members in the metro area. Those cities that have decided to join Metro Cities. Each year Metro Cities develops a list of legislative priorities to advocate on behalf of it’s members and they also have appointment authority to the Transportation Advisory Board, the Technical Advisory Commission, and a couple other organizations. The Metro GIS Policy Board and a Grant Evaluation and Ranking System. Metro Cities, we’ve been a member probably for 25 plus years. Mayor Furlong: Thank you. Any discussion to the motion? And so there’d be an application present. We don’t have opportunity to make the appointment. We’re just supporting your application. Todd Gerhardt: Just so council understands. There’s one vacancy right now and there will be additional vacancies in April so, my guess is the motion included to apply for this vacancy and then the one in April also. Mayor Furlong: Sure. That’d be fine. Todd Gerhardt: Since we’re clarifying all motions tonight. Councilman Laufenburger: It is. I’d just like to say this that I think that it’s important for Chanhassen as one of the 80 members of this Metro Cities, it’s important that we seek and take advantage of every opportunity to represent our interests amongst the legislative influencing bodies and this is a good opportunity to do so and I’ve heard from the Director, Executive Director Patricia Nowman that this would not incorrectly imbalance the make-up of the Board so 58