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PC Minutes 05-21-2013 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MAY 21, 2013 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Kim Tennyson, Lisa Hokkanen, Maryam Yusuf, Stephen Withrow, and Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Marty Schutrop 540 Lakota Lane Bruce Geske 7325 Hazeltine Boulevard th Chuck & Sandy Worm 760 West 96 Street th Gary Benziek 731 West 96 Street PUBLIC HEARING: BLUFF CREEK GARDENS: REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT 96-2 TO ALLOW FOR A LOT LINE ADJUSTMENT PER SECTION 20-233(C) OF THE CHANHASSEN CITY CODE ON PROPERTY ZONED AGRICULTURAL ESTATE (A-2) AND LOCATED AT 850 FLYING CLOUD DRIVE. APPLICANT: SKIP COOK, PLANNING CASE 2013-10. Generous: Thank you Chairman Aller and commissioners. Bluff Creek Gardens is in for an amendment to it’s Interim Use Permit because the property owner would like to change the property line of the development. Under City Code such changes require an amendment to any approvals that they have. The applicant is Skip Cook. Again the reason for the amendment is due to the lot line adjustments. They’re reducing part of the property out of the development. The site is located at the northwest corner of Highway 101 and Flying Cloud Drive. It’s a unique shaped property. The new lot line will be an adjustment of this lot line will come down 101 so that they’ll have direct frontage onto the highway. Right now they have an easement agreement to access their property. This area of the garden center will be coming out of the project. The existing Interim Use Permit divided the site into four areas. Area 1 is the retail and storage building site. Area 2 is the growth area where they have the nursery stock out in that. Area 3 is for hard object stock such as rock and they have their bins for the mulch and things like that. And then Area 4 was an overflow area as part of the overall development and it was for overflow landscaping materials that they had and some equipment. This area has very little use within the development. We are recommending approval of the amendment to allow the lot line change subject to the existing restated and amended Interim Use Permit which is attached to the project and the additional conditions in the staff report and adoption of the attached Findings of Fact and Recommendation. With that I’d be happy to answer any questions. Aller: Any of the commissioners have any questions? I received the packet. The packet’s a part of the record. I don’t have any questions. Aanenson: Chairman Aller, if I may, just for some background. It’s in the staff report but I want to make sure for our new commissioners, we had made a code amendment a couple years ago where we had conditional uses, interim uses, in certain circumstances people can subdivide if it’s in agricultural zone and it may have an interim use on it and because the State law allows you to subdivide a piece of Chanhassen Planning Commission – May 21, 2013 property, but we wanted to make sure if it had an interim use or a conditional use on it, or even a lot line moving that we would notify on that because it may affect the terms of the interim use so this would have gone through the staff administratively but because of that new ordinance put in place, and really it’s a control point where someone may sell off a portion of it. They moved a property line. Sell off a portion of that property that would affect the underlying conditions of that interim use. For an example on this one, there’s a lot of ways the lot line could have moved that would affect the functionality of that so we just want to make sure that it worked for the interim use and it doesn’t change the terms and conditions of that so with that we are supporting that as Mr. Generous stated but I just wanted to make sure for the new planning commissioners that was really the rational basis behind that. Aller: Great. My understanding is that the landscape materials will be moved from Area 4 to 1 and 3. Generous: And to the garden center site that remains after the approvals. Aller: Any additional comments? Questions? Weick: One question. Area 4 becomes just part of the small triangle then that the home is on, correct? Generous: Right, part of the single family home. Weick: So that becomes one lot. Generous: One lot. Weick: Okay. Generous: In the future this area is guided for office use so we think when urban services become available it will intensify the uses down on the property and they’ll work together. Weick: Thank you. Aller: Alright. Any additional comments? Questions? Okay, is the applicant here? Would like to make any comments. Presentation. Anything. Skip Cook: Not at this point. I’m here but… Aller: We don’t have any real questions based on the report so. Skip Cook: Okay. Aller: With that, okay. I’ll entertain a motion or, any comments or questions? Oh, what I need to do is open a public hearing so at this point, since we have public here, let’s open a public hearing. Anyone wishing to come forward, please do so. Everyone else must have read the report as well. Seeing no one come forward, public hearing is closed. Comments. Questions. Motions. I’ll entertain a motion. Hokkanen: I’ll make a motion. Aller: Okay. 2 Chanhassen Planning Commission – May 21, 2013 Hokkanen: I move the Chanhassen Planning Commission recommends approval of the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and re-stated Interim Use Permit and adoption of the Findings of Fact and Recommendation. Aller: I have a motion. Do I have a second? Tennyson: I’ll second. Aller: I have a motion and a second. Any further discussion? Comments or questions. Hokkanen moved, Tennyson seconded that the Chanhassen Planning Commission recommends approval of the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and restated Interim Use Permit and adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: BLUFF CREEK WOODS: REQUEST TO REZONE 3.57 ACRES OF PROPERTY FROM AGRICULTURAL ESTATE DISTRICT (A-2) TO SINGLE FAMILY RESIDENTIAL DISTRICT (RSF); SUBDIVISION WITH VARIANCES FOR THE CONSTRUCTION OF A PRIVATE STREET AND USE OF A NECK LOT; AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. PROPERTY IS LOCATED AT 7331 HAZELTINE BOULEVARD. APPLICANT: MARTIN SCHUTROP, PLANNING CASE 2013-09. Generous: Thank you Chairman Aller, commissioners. Bluff Creek Woods is, the applicant is Marty Schutrop. It’s a proposed development located at 7331 Hazeltine Boulevard. It’s on the east side of Highway 41, just across from Tanadoona Drive. The property’s approximately 3 acres in size. The request is to rezone the property from Agricultural Estate District to Single Family Residential District. Subdivision approval with variances for the use of a neck lot and the construction of a private street and a Conditional Use Permit to allow development within Bluff Creek Overlay District. The applicant is proposing to divide the property into 3 buildable lots. The existing house would remain on the middle lot and then there’d be 2 new building sites. The most southerly portion of the site would be put into an outlot status. As part of this the Bluff Creek Overlay District is being redefined. Under the existing mapping system that we have it shows that the whole property is within the primary zone. However we know that there is actually developable area and as part of the process the City is permitted with the developer to look at the site and determine what would be an appropriate delineation for that primary zone. The three green lots on here include 2 of the new building sites and existing single family home in the middle I should note that I did hand out earlier, put in front of you an email that I received from Hal Newel. He’s opposed to this development because of the addition of traffic onto Highway 41. It’s hard to tell from his comment whether he thought that there would be two new driveways going on there or if he’s aware that we’re forcing them to have a common access point out onto Highway 41 and that’s part of the reason for the variance because of the private street serving more than one property. Aller: Just for the record we have received and read the email. Generous: Okay. All the lots comply with the minimum requirements in the City’s zoning ordinance. The smallest one is 33,000 square feet which is about three-quarters of an acre and the other two are over one acre in size. The most northerly, Lot 3 is the neck lot and that’s any lot that does not have it’s full frontage on a public street. We wait until it gets back to the lot width hits 100 feet and then we have a valid lot and that’s where we establish the setback area from. As part of their application they did show a plan for a private street. However staff in going out to the site and reviewing it was concerned that the access to Lot 1 would require additional grading and take out some significant trees that are on the 3