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CC Minutes 07-23-2012Chanhassen City Council — July 23, 2012 Historical records of that. Continue to work with the Minnesota Department, the DNR to monitor and protect Seminary Fen from pumping and city's wells. We annually give data to the DNR for static levels within our aquifer annually so they can put that information in their model for the Seminary Fen study that's ongoing, and then collect additional local geological, hydrostatic information as it becomes available. This information is typically gathered when new wells are drilled or projects are improved within the community so, and then verify locations of potential contaminant sources within the DWSMA identifying the future and maintain a current database of potential contaminant sources. Again that's working with the County and the PCA and Department of Health on those record updates. So with that tonight we'd like to hold a public hearing to talk about the proposed plan, the draft plan. Anticipated submittal to the Department of Health for their review is the first of October and the Department of Health has 60 days to turn that plan around and comment and we anticipate getting back to the council for final approval sometime in November. So with that if there's any questions by the council I'd be more than happy to try to answer them and again we request that a public hearing be held at this time. Thank you. Councilman Laufenburger: What's the aquifer that we tap into mostly? Paul Oehme: We draw most of our water from the Jordan aquifer. Councilman Laufenburger: And what other communities tap into that as well? Paul Oehme: Most of the communities in the metro area here tap in or utilize the Jordan aquifer for their potable water source. Councilman Laufenburger: Okay, thanks. Mayor Furlong: Any other questions at this time? No. At this point then I would open up the public hearing and invite all interested parties to come forward and address the council on this matter. No one this evening? Okay. Without objection we'll close the public hearing and then direct staff to complete the items necessary to submit to continue with the schedule. Submit the document. We'll see this back then later this year after you receive comments back from the Department of Health correct? Paul Oehme: That's correct Mayor Furlong: Okay. Paul Oehme: Thank you. Mayor Furlong: Very good, thank you RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD -R) AMENDMENTS: REQUEST TO AMEND THE FOLLOWING RESIDENTIAL PLANNED UNIT DEVELOPMENTS: MEADOWWWOODS AT LONGACRES, MINNEWASHTA CREEK AND RED CEDAR COVE; INCLUDING APPROVAL OF SUMMARY ORDINANCES FOR PUBLICATION PURPOSES APPLICANT: CITY OF CHANHASSEN. Kate Aanenson: Thank you. This is our group 4. There are 4 subdivisions in this group. On June I O'h the Planning Commission did review this, these for one application and no one spoke at that public hearing and the Planning Commission recommended 4 to 0 to recommend to you approval of the rezonings. There was a neighborhood meeting held at the library here. There was actually about 286 notices that were sent out. Of that 10 people attended the meeting. I think most of them were from the 12 Chanhassen City Council — July 23, 2012 Red Cedar Cove area but it's always good again to interact with residents. So again we've got the great website. I think that's really helped us with the amount of people to king of again remind what we've communicated with our residents. Remind the council again it's not our intent to bring everybody into compliance. There are some out there but it's our intent to make an easier process for our residents as they go forward. So with that these are the four neighborhoods that we did. Kind of scattered in that northwest corner of the city. So the first one will be the Meadows at Longacres and with that subdivision there was approximately, we're going with the Residential Single Family as our underlying zoning district and the four subdivisions that are in there. If you look at the compliance table, some of those wetland setbacks, there's big buffers there but if you look on that southern edge, even along Highway 41 there is a significant wetland buffer that's required so on some of those wetlands there they say 125 feet but back then the property lines went out into the wetlands and out into the lakeshore so there is larger wetland setbacks, and that's the unique attribute of these PUD's is that each of the individual lots has different requirements and that's what's really nice to be able to communicate with the residents what their unique attributes are for each individual lots. So with that there's 127 single family lots. The minimum lot size is 11,000, 90 by 100 and again the compliance table goes with the ordinance because there's different attributes. The Minnewashta Creek, there's actually 4 additions. This is also unique. This is on the very northern edge of the city. There's actually twin homes and single family located in this subdivision. So with this subdivision we actually went with a residential low, medium density district. That provided the ability to have one zoning district but to accommodate both of the different lot sizes. So within that you can see the four different subdivisions and there were twin homes and there are 27 single family and actually 10 two unit buildings, and actually when we went through this subdivision this did allow commercial uses which is now being removed from the residential. Fortunately we didn't find anybody that was operating in that way but it actually did permit some commercial up there so. Then the Red Cedar Cove. This is an older townhouse. Back in 1995. This also has a beachlot associated with it and this is where we had many of the 10 people were from this association itself and they run a great association up there. The other thing we mentioned too when we do the PUD's, we're also able to reference the beachlot so they can find their information on that and they manage that themselves. We just put together the criteria and not everybody in there gets a slip but they figure out how all that works themselves so again there are one duplex and four fourplexes up in that subdivision so the minimum lot size is just the property around the buildings. And as we stated these are probably the least flexible unit because people typically don't add onto these sort of things and they have a lot of common space that accommodates their needs. Oops, did I miss the Woods? Did I do the Woods and the Meadows? I guess I did them all four. Okay, so there was four of them in there. I went kind of fast, sorry. So the recommendation then would be to actually approve the rezonings, the Findings of Fact that are attached with each of those, the ordinances, and then we'd also request that you'd adopt the Findings of Fact and the publication of the summary ordinance for those three subdivisions also so with that I'd be happy to answer any questions that you may have. Mayor Furlong: Thank you. Any questions for staff? Kate, why are we not being asked to approve the publication for rezoning. Kate Aanenson: I think we should. It may have got left off there. Mayor Furlong: Is there any reason that it shouldn't be? Kate Aanenson: No. Mayor Furlong: Okay, so we'll. Kate Aanenson: It doesn't hurt to put it in. I would recommend a publication for all four. 13 Chanhassen City Council — July 23, 2012 Mayor Furlong: For all four? Kate Aanenson: Correct. Mayor Furlong: Okay. Alright. Any other questions? This is the third or fourth time we've been through this process and again we'll start by thanking you and your staff for all the detail work that goes in behind this. By the time it gets up to us you know the work's been done. All the details and items have been checked and we appreciate the diligence with which you pursue that so thank you for that. If there are no other comments or concerns, would somebody like to make a motion? Councilman Laufenburger: Just a question Mr. Mayor. Kate, just to confirm. The residents in these four areas, as a result of our action tonight they have to do nothing in order to be in compliance, is that correct? Kate Aanenson: That's correct. We know based on, we did aerial maps of all the neighborhoods at the meetings and I think that's been a good conversation piece for our residents to come talk and we do get calls from people that say I might be too close. We are not going to force anybody to come into compliance. What we would do is that on a case by case basis, if they were to come in and ask for an addition, a new deck, and then we'd kind of look over and see where they're at and make that kind of going forward at that point. The Planning Commission just had a variance when someone, an application was actually improving some situations so they granted the variance and that's kind of how we wanted to respond in a proactive way so we've had a lot of conversations. People on the phone that know they might be in some gray area, we've kind of worked through all those and I think it's been very productive as a communication tool. Councilman Laufenburger: Thank you Kate. Thanks Mr. Mayor. Mayor Furlong: Yeah and I guess to clarify. Mr. Laufenburger raises a good point. Not only do they not have to do anything but the ordinance that's being put in place isn't necessarily taking away any rights that were provided by the PUD. In other words it's not more restrictive than the PUD was more generous than whatever the issue was, is that correct? Kate Aanenson: That's correct and I think the main thing we tried to communicate is they were built to those standards. Mayor Furlong: Right. Kate Aanenson: So what we did then is added to that by saying if you want to add on, this is your underlying district that allows you some flexibility. If your ordinance was silent on an accessory structure or a home occupation now it's just kind of, it deepens that requirement so those are the standards they were bui It to. Mayor Furlong: So there's no reduction in property rights that's taken place by this. Kate Aanenson: That's correct. Mayor Furlong: And there's nothing that has to be done to be in compliance once it's passed. Thank you. Any other discussion or would somebody like to make a motion? Mr. McDonald, Councilman McDonald: I'll do a motion. 14 Chanhassen City Council — July 23, 2012 Mayor Furlong: Thank you. Councilman McDonald: That the Chanhassen City Council approves the ordinance amending the following planned unit developments: Meadows at Longacres, Woods at Longacres, Minnewashta Creek and Red Cedar Cove and that we adopt the Planning Commission Findings of Fact and approve the publication of summary ordinances for Meadows at Longacres, Woods at Longacres, Minnewashta Creek and Red Cedar Cove. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Councilman Laufenburger: Second. Mayor Furlong: Well that was pretty much a tie Todd. I'll let you figure out who got that one. I'm staying out of that. Todd Gerhardt: A tie always go to the lady. Mayor Furlong: Motion's been made and seconded twice. Is there any discussion? Hearing none we'll proceed with the vote. Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approves the ordinance amending the following planned unit developments: Meadows at Longacres, Woods at Longacres, Minnewashta Creek and Red Cedar Cove, adopt the Planning Commission Findings of Fact and approve the publication of summary ordinances for Meadows at Longacres, Woods at Longacres, Minnewashta Creek and Red Cedar Cove. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Mayor Furlong: I would like to start by thanking Councilwoman Tjornhom for stepping in for me at the, for the Senior Center dinner. A week ago I had to, each year I've given an update of city activities to a group of seniors at the senior center and was called out of town for a family commitment and Bethany, Councilwoman Tjornhom stepped in for me so thank you for doing that. I hope it went well and they treated you okay. Councilwoman Tjornhom: You know 1 was grateful no one left. When they found that you weren't coming I thought oh oh, but no they all stayed and I actually loved the experience so thank you so much for that so they're a great group. Mayor Furlong: They are a great group and 1 heard some good comments from people afterwards so, on the job you did so thank you for that. Councilwoman Tjornhom: Well I think I told you 1 didn't do the power point. I just showed them your driver as mayor right and your ivory tower. Mayor Furlong: It's the Taj Mahal. Councilwoman Tjornhom: And how good it is to be mayor so 15