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PC 2011 05 03 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MAY 3, 2011 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Tom Doll, Mark Undestad, Kevin Ellsworth, Kim Tennyson and Lisa Hokkanen MEMBERS ABSENT: Kathleen Thomas STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; and Terry Jeffery, Water Resources Coordinator PUBLIC HEARING: CITY CODE AMENDMENTS: CONSIDER AMENDMENTS TO CHAPTER 18, SUBDIVISIONS, (SECTION 18-57 STREETS), AND CHAPTER 20, ZONING (SECTION 20-407(3) WETLAND PROTECTION, SECTION 20-505(E) HARD SURFACE COVERAGE, AND SECTION 20-1502 BUILDING PERMITS), OF THE CHANHASSEN CITY CODE. th Al-Jaff: Chairman Aller, members of the Planning Commission, on April 5 staff presented an issue paper addressing potential code amendments to Chapters 18 and 20. The Planning Commission directed staff to proceed with these amendments and that’s why we’re here before you today. Section 18-57, the City Code addresses private and public streets design standards. Some street classifications reference zoning districts while others reference land uses. Also the City Code does not address standards serving areas within the code that are mixed uses. The same principle applies to multiple sections within Chapter 18-57. This includes Section (o), (p), (r) and (s). We are recommending that the City Code be amended to reflect consistency throughout by referencing land uses. Also Section 18-57(p) of the City Code addresses methods of calculating density and hard surface coverage of properties served by a private street. The current City Code permits areas that are low density residential to be served by private streets to exclude the area as well as the density of a private street from the overall calculations of a development. That’s not the case for medium nor high density developments within the city of Chanhassen. Staff is recommending consistency in that type of development as well and the hard surface coverage requirements should be consistent. We are recommending the City Code be amended to incorporate these changes. The following change deals with Section 20-407, for wetland protections. Back in 2009 the City Code was amended by moving a section of the City Code pertaining to wetlands from Chapter 6 of the City Code to Chapter 20. We discovered a line item within Section 20-920 that still references Chapter 6. We’re recommending that it be changed to reference Chapter 20. Section 20-505 of the City Code sets general standards for all planned unit developments within the city of Chanhassen. Hard surface coverage is calculated based on the comprehensive plan designation. One of these designations is mixed use developments. The current City Code does not address mixed uses. We’re recommending that that designation be added to the City Code and the hard surface coverage would be 70%. Section 20-1502 addresses requirements for towers and antennas. The current language in the City Code Chanhassen Planning Commission - May 3, 2011 references the Uniform Building Code. The City adopted the International Building Code. Staff is recommending the language be amended to reference the Building Code. And with that we are recommending that the Planning Commission recommend approval of these changes. They include Section 18-57, Section 20-407(3) which addresses wetlands, 20-505(e), hard surface coverage, and Section 20-1505(g), building permits. Thank you. And I’ll be happy to answer any questions. Aller: Any questions Tom? No? Commissioner? I guess I have a quick question regarding the hard surface coverage. When we’re talking about mixed use and we’re creating a mixed use at 70% coverage. Can it, is there room for an abuse there by allowing somebody that has an excuse to take a lower coverage and use more surface area than, abuse the surface area? In other words something that we normally would say, we wanted 30 or 40 percent coverage on for a residential use or something like that. Because it’s mixed to a small degree be able to increase the coverage to 70% for the entire area. Am I making sense? Al-Jaff: Yes you are and it’s one of the things that we discussed at length. Mixed use developments are defined as areas that may be developed as high density residential as well as commercial. Typically commercial developments are at 70% hard surface coverage. Office is 70% hard surface coverage. The only component that is lower would be the residential high density development which is at 50% hard surface. One of the glitches that we would run into in situations like that would be if the first floor on a building is retail, which is what we have in Villages on the Pond and then above that you have apartments. How do you address something like that? Where do you, what direction should you go? Should you go with lower? Should you go with higher hard surface coverage so one of the things that we need to bear in mind is regardless of what the coverage is, they still need to meet all of the requirements as far as drainage goes. They still need to provide the landscaping. Buffer. The room for the term you used was abuse. Can they abuse it? It is staff’s opinion that that would not be the case. Aller: Okay. And it looks like from the uses now, the high density residential is 50 so it would be about a 20% differential that we’d be playing with. Al-Jaff: Correct. Aller: Okay. That was my question. Tennyson: No question. Undestad: Nothing. Aller: Okay, thank you. Comments. Discussion. None? None? None? Well overall I see it as a matter of taking the land uses versus title and creating a situation where we’re becoming more consistent so I would think that a recommended motion was appropriate here with the one caveat that of course that planning, we want planning to make sure that they watch out for that 50 to 70 percent differential where maybe before this is approved before the City Council, maybe that can be discussed a little bit more. 2 Chanhassen Planning Commission - May 3, 2011 Generous: And Chairman also if I may, whenever we do these developments we have the design for all the hard cover in worst case scenario if you will so they’re not going to, from a storm water standpoint they’re not going to gain anything. And they’re getting a little more coverage in the high density portion of the site but overall they’re going to be able to accommodate it. Aller: Great, thank you. Okay. I’ll entertain a motion. Al-Jaff: Public hearing. Aller: We need to have a public hearing, that’s right. That’s alright. It’s always good to correct when we need to have one. So I open the public hearing. Anyone that wishes to speak on the topic would come forward. Seeing no one coming forward I will close the public hearing. And now I’ll entertain a motion. Ellsworth: The recommendation on page 7? Aller: Yes. Ellsworth: I move that the Planning Commission approves the attached City Code amendments to Chapter 18, Subdivisions, Section 18-57 Streets; Chapter 20, Zoning, Section 20-407(3) Wetland Protection; Section 20-505(e) Hard Surface Coverage; and Section 20-1502(b) Building Permits. Aller: Okay and those amendments are attached to the documentation. I have a motion pending. A second? Doll: Second. Aller: Seconded. Any further discussion? Ellsworth moved, Doll seconded that the Planning Commission recommends that the City Council approves the attached City Code amendments to Chapter 18, Subdivisions, Section 18-57 Streets; Chapter 20, Zoning, Section 20-407(3) Wetland Protection; Section 20-505(e) Hard Surface Coverage; and Section 20-1502(b) Building Permits. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Doll noted the verbatim and summary minutes of the Planning Commission meeting dated April 19, 2011 as presented. All voted in favor and the motion carried unanimously with a vote of 6 to 0. COMMISSION PRESENTATIONS: None. CITY COUNCIL UPDATE. 3 Chanhassen Planning Commission - May 3, 2011 Aller: We had recommended the TH 41 trail and underpass project for approval. That was approved at the City Council’s meeting and any further discussion? Comments. Presentations. No? I entertain a motion to adjourn. Ellsworth moved, Hokkanen seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 7:15 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 4