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CC Minutes 06-25-2012Chanhassen City Council – June 25, 2012 Councilman Laufenburger: I’d be happy to. Mr. Mayor I move that the Chanhassen City Council approves the amendment to the Conditional Use Permit for the Lakeside Beachlot to add canoe racks and adoption of the attached Planning Commission Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I’ll second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Councilman Laufenburger moved, Councilman McDonald seconded that the Chanhassen City Council approves the amendment to the Conditional Use Permit #2006-26 for the Lakeside Beachlot to add up to four canoe racks and adoption of the attached Planning Commission Findings of Fact.All voted in favor and the motion carried unanimously with a vote of4 to 0. RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-R) AMENDMENTS: REQUEST TO AMEND THE FOLLOWING RESIDENTIAL PLANNED UNIT DEVELOPMENTS: MISSION HILLS (WITH REZONING TO RSF), SARATOGA ADDITION, SOUTH LOTUS LAKE, SOUTH LOTUS VILLAS, TRIPLE CROWN ESTATES, WALNUT GROVE, WESTERN HILLS, AND WILLOWRIDGE. APPLICANT: CITY OF CHANHASSEN. Kate Aanenson: Thank you Mayor for reading all those for me. This group three as you just indicated th has 7 different neighborhoods so we had a neighborhood meeting on May 8 at the Chan Rec Center. We had 20 people in attendance and the meeting notices we explained showed how to get to the City’s website and provide additional information. At all of our meetings we’ve been having a laptop there. We’re showing people how to go to the County’s website to get additional information. Showing our residents information that we have on our website for, if they want other information of what’s going on in the City so it’s been a great opportunity to meet with our residents and also they enjoy, we have aerial photos of each neighborhood so I think they’ve really enjoyed looking at their neighborhood and kind of seeing what’s going on so that’s been a real positive thing to do. So again as we stated before it’s not our intent to up zone any property at this time. It’s really just to provide the codification and get that underlying zoning district. Having said that, these are the neighborhoods that we’ve done. In your packet there’s a lot of information on the Mission Hills development and at the Planning Commission the property owners, the Klingelhutz’s representing Mission Hills, the commercial piece is all part of that PUD. We put a lot of information in that and some of it kind of got beyond what we believe was the scope of the rezoning part, specifically access onto 101. At the time that they negotiated with MnDOT that was, the City had jurisdiction over 101. Now the County does so we put some of that background in there. In working with their attorney we agreed that we would go to the new PUD standards which we hadn’t done in any rezonings because that did give them some relief, specifically again some of the noise walls but that PUD standard said that they would have to bring in a project for you as a council to go beyond that. They wanted some agreement on that. Obviously we can’t make that recommendation without the project in front of the council and I recommended against that and advised their attorney that maybe the best thing to do is just not to change anything at this point and that we can address that at a future date so that’s what we did so I did hand out to the council the original PUD. There are a few minor changes but nothing affecting really the commercial piece, and I’ll go through those in a minute. So the Mission Hills itself, as you can see there’s the condominiums. A couple different products within the Mission Hills. Some single family and the condominium projects itself so there’s Mission Hills Lane, Mission Hills Drive, Mission Hills Way. Again this would be the commercial piece right in here that we’re talking about that we’re leaving out of the rezoning. It’s all into one PUD as far as making significant changes that were requested and that goes back to the flexibility that we put into the PUD 6 Chanhassen City Council – June 25, 2012 standards. We had much greater setbacks but we’re not going to address it at this time. We’re going to wait til that project comes forward. So again the request on this was to rezone the 7 acres of detached single family home and that PUD to RSF. They meet all the standards of the Residential Single Family zoning district. Again it makes it easier for homeowners then to navigate what they need to do when they want an addition or selling their property and the 16 homes there. And then the Mission Hills lot requirement for the rest of the condominium association. We’ve got a minimum lot of 2,100 square feet of lot width. That’s again over time we know that these are the least flexible product as far as change. People in single family homes are the ones that are adding on, additional garages, screen porches, those sort of things. These products are the types of units are the least amount that would change so they’re kind of within that building envelope. So the standards that are in this, again we left. They wanted some of that flexibility so we’re not changing any of the standards in the commercial part so the PUD buffer ordinance is in place here. And then the two changes that we are recommending, and this makes it consistent. This would apply to the commercial piece and that’s regarding LED fixtures. We had specific language on that. And the only other change that we are recommending in the commercial one is one that stated that if there’s a question as an interim use would be permitted and that’s in the current kind of list that we put together for that neighborhood district. Again this is before we had the BN that said you could go to the planning director and really the interpretation it should be the Planning Commission and then ultimately the City Council so we are going to strike that language. Other than that we’re leaving that BN district as when it came back in a number of years ago and they can renegotiate. Anybody can apply to amend a PUD at anytime so now it’s onerous on them to come back and with a project and ask for some relief and we would address it at that time. So with that we are recommending approval of the Mission Hills PUD. I think if it’s okay with you Mayor then we’ve got one motion at the end so that’s probably the most complex one there as far as. Mayor Furlong: Do you want questions for that now? Kate Aanenson: Sure. Mayor Furlong: If there are any. I don’t know that there are. Kate Aanenson: If you have any, that’d be fine. Thank you. Mayor Furlong: Any questions on Mission Hills? Councilman Laufenburger: I do Mr. Mayor. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: There was a, Kate very thorough in the information provided on the discussion around Mission Hills. The decision to do this PUD amendment at this time, this in no way precludes the owner of that Outlot E from applying for rezoning or re, yeah rezoning that property in the future, is that correct? Kate Aanenson: Yeah, that’s a great question. Yes, any resident can ask for rezoning at any time and they can go through the process. Councilman Laufenburger: And specifically their request related to setbacks off of 101 and also the sound barrier, we’re not changing those setbacks at this time, is that correct? Kate Aanenson: That’s correct. 7 Chanhassen City Council – June 25, 2012 Councilman Laufenburger: Okay. But if they were to make a case with a project we would be able to consider changing those setbacks at some point in the future. Kate Aanenson: That’s correct and in full disclosure we showed what we gave on the other projects based on their use. Now this setting is a little bit different. When this item came before the Planning Commission there were residents that lived in Mission Hills that had some concern. We’ve had some uses that want to go there and the traffic counts are an issue, and this is a little bit closer to residential than those other ones so those would all be factors that we would take into consideration but you’re right, it doesn’t preclude it. It would be project based. Councilman Laufenburger: Okay, and the same thing is true with a turn in and a turn out which is on 101. Kate Aanenson: That’s correct. Councilman Laufenburger: That potentially could be modified at some point in the future. Kate Aanenson: Absolutely. Yep, and whatever the County would agree to based on what the traffic model is. That’s a separate discussion. Councilman Laufenburger: Would you say the property owner has a clear picture, a clear understanding of that? Kate Aanenson: Yes and no. I think their attorney certainly does and is advising them maybe just to wait until they have a project. They’d probably have a better chance is what we said too. Councilman Laufenburger: Okay. Kate Aanenson: Because they wanted to go beyond the ordinance which was what we were reluctant to do and I think their city attorney, who’s represented them through the condemnation or the acquisition of the right-in/right-out so he has a pretty good understanding of the process. Councilman Laufenburger: Okay, thank you Kate. Thank you Mr. Mayor. Mayor Furlong: Thank you. Any other questions on Mission Hills? Okay. Let’s continue on with the other ones then and we’ll deal with all of them in a single motion without objection. Kate Aanenson: Sure, yep. The Saratoga is a low density. The underlying zoning district on this would be R-4. It’s interesting in this area they got some of these subdivisions outlots got platted without using a nd continuous name although it’s often the same developer so this is the Saratoga 1st and 2 Additions. Again if you, maybe we didn’t talk about this too much but it used to be anytime you did more than 25 lots it had to be a PUD so that’s kind of the history of all these older subdivisions and getting PUD’s. So this is the existing neighborhood. This is what we found in the neighborhood meetings is very popular for our residents to take a look at when we’ve got a big map of these. So there’s 20 single family units and 2 twinhomes up in that neighborhood so the single families are 10,000 square feet and the twinhomes are at 6,000 so the average is 12,500. So with that they meet the criteria of the R-4 and that’s what we’re recommending. Again 10 on the sides, which is typical. A little bit shorter front yard. Typical rear yard and 30% in hard cover. So with that if there’s any questions on that one? Mayor Furlong: Any questions on Saratoga? Hearing no, okay. 8 Chanhassen City Council – June 25, 2012 Kate Aanenson: South Lotus Lake is a residential single family would be the underlying zoning district. Again this is within the shoreland district. I’m not sure if I said how many lots were in there. There’s 40 single family lots. The minimum lot size is 11,700. They meet the standard lot width and lot depth is a little bit shorter. So the PUD would be our standard 30 in the front, 30 in the rear, 10 on the sides. Again because they are, those lots that fall within the shoreland district are at 25. The rest is at 30%. There are some wetland setbacks and those are identified. Again those are the things that we often get when people are transferring property and want to add on so we’ve got that information at our fingertips. What the elevation was set with that specific project and we’re maintaining that because they were built to that line and it’d be difficult to try to change that. So with that, that was that one. If there’s any questions. Mayor Furlong: Hearing none. Okay. Kate Aanenson: South Lotus Villas. Those are an attached project and that was done in 1989 so the underlying zoning district on that would be the R-12 and these are the units here right along Highway 101 and the entrance to South Shore. There’s one 6 unit townhouse and one 8 unit townhouse so the minimum lot size on that would be 1,184 square feet and again that’s your building envelope so we put the compliance table in there. Again these are products that we don’t see additions or there isn’t any room to do anything else on these properties so with that, that would be South Lotus Villas. Are there any questions on that one? Mayor Furlong: Questions. Okay. Kate Aanenson: Triple Crown Estates was done in 1985. The underlying zoning district for that would be our standard residential single family district. Again it’s on Kerber Boulevard. There’s 56 single family residential units. The minimum lot size there is 11,300 and these are a little bit narrower as far as their width. The 70 feet and the depth is 108. So the front setback is 25 again with the narrower width. A little bit shorter lot. 10 on the sides and 30 in the rear and 30% site coverage. So again that would be the RSF would be the underlying district. Any questions on that one? Mayor Furlong: No. Okay. Kate Aanenson: Walnut Grove, there’s actually three different areas in here. That was done in 1996 and so there was actually some single family units, some twins and some row houses, kind of single loaded within that development. So you can see the different product here. The single family homes. Kind of the single loaded and then the back to back townhouses within that development. So the single family, excuse me there are 168 townhomes, 44 cottage homes and 35 single family homes. The single family homes the minimum lot size is 10,400, the cottage homes is 3,400 square feet and the townhomes are the 1,000 so the minimum lot width again is smaller and not as deep on those so there’s standards for each of the three different product. Again under pinning the three different zoning districts. Again we haven’t had too many remodels that need variances up in that neighborhood. I think we, based on the product type that they are able to accommodate what they would like to do up there so with that I’d be happy to answer any questions you have on that one. Mayor Furlong: Any questions on Walnut Grove? No? Okay. Kate Aanenson: Western Hills. Again we’re back in the kind of core downtown area. This one was done in 1979. This is one of the oldest ones that we did. Again right up here on Laredo, Cimarron, Del Rio. There’s some really interesting lot lines here. Back then when we pulled permits we found out that there wasn’t a lot of inspections on where they fell within the setback line so we had some nice meetings with neighbors who you know well I always thought it was right, the lot line was on the fence post and so we had very good meetings up there and all very neighborly. So within that one there’s 88 single family lots. 9 Chanhassen City Council – June 25, 2012 nd The Western Hills First and 2 are a little bit different. The minimum lot size on Western Hills is 10,400 ndnd and on the First and 2 which is interesting that you have Western Hills and Western Hills First and 2. Normally you don’t label them that way that’s how they got recorded so the lot sizes are just slightly bigger. There’s 80 foot width on the First Western Hills so those are really narrow lots and if you go out there you would be able to tell that but now that the trees have filled in, those are just great, great core neighborhoods down there and so they’ve got, both of them have the 25%. The garages back there are nd actually 5 and 10. On the Western Hills, the oldest one, or the First one and then the 2, the First and the nd 2 there’s 10 feet, which is our more standard so again when you do a variance on those sometimes you have to look at which side is the 5 so they want to have 15 foot separation so we look at those but so there’s actually two standards that we’re under pinning there so any questions on that one? Mayor Furlong: Questions? No? Okay. Kate Aanenson: Okay, just a couple more. WillowRidge. ’91. There’s actually three additions there. Right off of Lake Lucy Road. This one has wetlands and it’s also in the shoreland district. So there’s 38 single family homes. Minimum lot size is 14,000. I just want to back up on this for a second. Back then when these subdivisions were done, while the lots appear large, the lot lines go out into the wetland so we always have to advise people, we don’t do this anymore. We haven’t done this for a number of years but back then they were done that way so while people think they have a 14,000 square foot lot, the buildable area is significantly less. So they’re always, or sometimes disappointed when they want to do an addition and they really don’t have any additional room so that’s some of the things we’ve communicated when we had the open houses. So a little bit narrower minimum lot and because of the shoreland district, depending on where you are, they have different standards for that and there’s also on this one, it’s in your ordinance but they have different setbacks depending on where you are within the wetland so again we got that information and I think that was helpful. We had these, all the ordinances there and people were able to look it up online and we also have, at some of the meetings emailed people their lot survey and given them, say it may not be accurate but as the date that this was pulled so the residents have appreciated getting that information. So with that if there’s no questions. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: Kate you said at the neighborhood meeting there was, I’m not sure what word did you use the word confusion about lot size or? Kate Aanenson: I think, no. I think when they think they had that much lot and not all of it’s buildable and you can’t, you have a setback from the edge of the high water mark so while their lot may be 14,000, the buildable area is significantly less than that. Councilman Laufenburger: Where does that confusion begin do you think? Kate Aanenson: Well, they look at the area and they have I’ve got, my lot says I’ve got. Councilman Laufenburger: I’ve got a third of an acre, I should be able to build on it right? Kate Aanenson: Correct. Right, exactly. Exactly, yeah. So that’s why we don’t do it anymore and also for the City if we have to get in and maintain a pond then we have to work through 30 people to get approval to go in and clean out a pond is another reason why we don’t do it. Councilman Laufenburger: Okay. In this case the wetland area, is that in our jurisdiction or is that considered DNR? 10 Chanhassen City Council – June 25, 2012 Kate Aanenson: No. No, but sometimes it goes within a stormwater pond or sometimes we do wetland, we might do a stormwater outlet or something like that so sometimes we do have to get in stormwater or wetlands even. Councilman Laufenburger: Okay, got it. Okay. Thank you. Mayor Furlong: Well wetland in this situation I think the wetland is all assigned to someone’s private property. Kate Aanenson: Correct. Correct. Mayor Furlong: And the lots go all the way out. Kate Aanenson: Right and if we want to fix an outlet then sometimes, and then we’d have to work with all the property owners so, and you’ll see this in some other ones we’ve got coming forward in the next go around so. Councilman Laufenburger: Okay. Kate Aanenson: So it’s just a good opportunity for us to communicate that you know. How we work through those situations and I explained that to the residents. Councilman Laufenburger: Okay, thank you. Kate Aanenson: So is that the last one? Yes that was. That was the last one so we are recommending approval with all the underlying ordinances that you have with the corrections for the Mission Hills, the commercial piece. Leaving it the way it is with just the two corrections on the LED lights and that the planning director doesn’t make the interpretation. So with that we are recommending approval of those PUD’s. Mayor Furlong: And again question just for clarification on Mission Hills. It is only the commercial piece that is not changing at all. The other ones are being rezoned consistent with. Kate Aanenson: Correct, except there was two little, the LED lights and then just the strike for the planning director’s interpretation for uses. Mayor Furlong: Alright. Any other questions? Just before we move on, a favor to ask and it’s strictly just administrative as we prepare the packet. If we have multiple groups like this, if we can have the, whoever prepares the packet put bookmarks at each of the staff reports just so it’s, just sub-bookmarks underneath that if possible. Kate Aanenson: Yeah. Mayor Furlong: It’ll save our carpal tunnel going back and forth. Kate Aanenson: Yeah, agreed. Mayor Furlong: Just a minor question. If there’s any other discussion or if there is no discussion, would somebody be interested in making a motion? Councilwoman Ernst: Mayor, I’ll make a motion. 11 Chanhassen City Council – June 25, 2012 Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I make a motion that the Chanhassen City Council approve the ordinances amending the following Planned Unit Developments: Mission Hills with rezoning to RSF for Blocks 2 and 3, Saratoga Addition, South Lotus Lake, South Lotus Villas, Triple Crown Estates, Walnut Grove, Western Hills, and WillowRidge and adopt the Planning Commission Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll proceed with the vote. Councilwoman Ernst moved, Councilman Laufenburger seconded that the Chanhassen City Council approve the ordinances amending the following Planned Unit Developments: Mission Hills with rezoning to RSF for Blocks 2 and 3, Saratoga Addition, South Lotus Lake, South Lotus Villas, Triple Crown Estates, Walnut Grove, Western Hills, and WillowRidge and adopt the Planning Commission Findings of Fact.All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: Mayor Furlong: Any council presentations this evening? Councilman Laufenburger: I have just a couple Mr. Mayor. I’m pleased that the Chanhassen Red Birds th are having a very good season and not only do we have a game on the 4 of July but we have two games th after that that I want to draw attention to. On Saturday, July 7 we will have a game that draws employees from both the City of Victoria and also from the City of Chanhassen to Storm Red Bird Stadium. That’s Saturday evening and we will be honored by having a pitch thrown by both Mayor Furlong as well as Mayor Hershberger Thun from Victoria. The Red Birds are hosting the Victoria Vics th that night so it should be a fun day. Also Sunday, July 8 is Senior Citizen and Red Bird Alumni day at th Storm Red Birds Stadium so we expect to have a nice crowd there. And then lastly on part of the 4 of rd July celebration, I don’t think this was mentioned, there will be a Twins clinic on July 3 and that will be a clinic held at Storm Red Birds Stadium put on by the Minnesota Twins and their youth baseball program so, and that’s a free clinic for all the residents of Chanhassen and the surrounding and it’s always rdthth been a fun thing for kids to participate in so three days. July 3 and then the 7 and the 8, the games at Red Birds Stadium. Thanks Mr. Mayor. Mayor Furlong: Sounds good, thank you. Other council presentations? Any other presentations this evening? Okay. Let’s move to administrative presentations. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Mr. Mayor, council members, just a couple of things. One that the public should be th aware of that our July 9 regular City Council meeting has been cancelled due to lack of agenda items. The second item is for those individuals that want to get an update on our construction projects, they should go to the City’s website. Some of the projects are a little behind due to the wet weather we’ve had but the contractors have assured us that they’ll get back on schedule as drier weather comes down the line. Second item, in the consent agenda just wanted to make sure the council was aware that we did 12