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PC SUM 2004 03 02CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES MARCH 2, 2004 Chairman Sacchet called the meeting to order at 7:00 p.m. COMMISSION MEMBERS PRESENT: Uli Sacchet, Kurt Papke, Steve Lillehaug, Rich Slagle, Bruce Feik, and Bethany Tjornhom STAFF PRESENT: Bob Generous, Senior Planner, Paul Oehme, Public Works Director/City Engineer; and Nate Bouvet, Planning Intern PUBLIC PRESENT FOR ALL ITEMS: Janet & Jerry Paulsen Debbie Lloyd Dan Keefe 7305 Laredo Drive 7302 Laredo Drive 6670 Mulberry Circle PUBLIC HEARING: REQUEST FOR A FRONT YARD SETBACK VARIANCE TO EXPAND THE GARAGE FOR A SINGLE FAMILY HOME ON A ONE ACRE LOT, ZONED A2, LOCATED AT 10240 MANDAN CIRCLE, BRUCE PAUL, PLANNING CASE NO. 04-09. Nate Bouvet presented the staff report on this item. Commissioner Papke asked staff to show what a 36 by 34 foot garage with an area of 1,224 square feet would look like on the drawing. Commissioner Lillehaug asked staff to explain their concern with the difference between a 36 by 34 versus a 36 by 46 since it's only 400 square feet. The applicant, Bruce Paul, 10240 Mandan Circle, stated his intent is to have a 3 car garage with an area to store this wood working equipment. Chairman Sacchet wanted to clarify that the city does not have a requirement for the size of garage in relationship to the size of home. The requirement is for setbacks. One of the problems with the application is intensifying a non-conformity. Bruce Paul stated his willingness to compromise on the 46 foot depth but needed to retain the 36 foot width. Commissioners Slagle and Claybaugh clarified the distance and support from the neighbor to the north. Chairman Sacchet opened the public hearing. There was no one wishing to speak and the public hearing was closed. After commissioner comments, the following motion was made. Claybaugh moved, Slagle seconded that the Planning Commission approve Variance #04-09 for a 6 foot variance from the 50 foot front yard setback requirement as shown on plans dated 9/20/03, prepared by Allan R. Hastings based upon the commission's findings that this is a reasonable request and the applicant's willingness to compromise on the size of the garage, with the following condition: 1. The site shall not be used for a home occupation. Planning Commission Summary - March 2, 2004 All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: REQUEST FOR A LAND USE PLAN AMENDMENT FROM RESIDENTIAL- LOW DENSITY TO RESIDENTIAL-MEDIUM DENSITY; A CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT; PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) REVIEW FOR AN 18 TOWNHOUSE PROJECT; SITE PLAN REVIEW FOR AN 18 UNIT TOWNHOUSE PROJECT, SUBDIVISION APPROVAL FOR 18 TOWNHOUSE LOTS AND OUTLOTS; AND A VARIANCE FROM THE BLUFF CREEK OVERLAY DISTRICT SETBACK REQUIREMENTS ON 6 ACRES OF PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT; A2, LOCATED AT 2930 WEST 78Tn STREET (NORTHEAST CORNER OF WEST 78Tn STREET AND HIGHWAY 41); HIGHLANDS OF BLUFF CREEK; PLOWSHARES DEVELOPMENT, LLC. Public Present: Name Address Scott Bemas Susan McAllister Todd M. Simning Ed Hasek Brent Hislop Nathan Franzen 6800 France Avenue South 2930 West 78th Street 1851 Lake Drive West Westwood Professional Services 1851 Lake Drive West 1851 Lake Drive West Bob Generous presented the staff report on this item. Commissioner Papke asked staff to explain how the applicant has greatly improved the plan, and the discrepancy between staff and the applicant's understanding of the primary zone line for Bluff Creek. Commissioners Tjornhom and Claybaugh asked for clarification regarding discussions that have taken place between staff and the applicant on the impact of loss of lots in this development. Commissioner Claybaugh asked staff to draw a parallel between the encroachment of the buildings and the encroachment of the storm water pond with respect to the placement near the bluff and location and function of the NURP pond. Commissioner Slagle asked for clarification on the trail and sidewalk circulation, and placement of the pond. Commissioner Feik asked for clarification related to canopy coverage and tree loss, and the feasibility of placing the NURP pond in the north. Commissioner Lillehaug had questions relating to zoning and the number of units allowable on the site. Chairman Sacchet asked how grading on the site went from 50 to 70 percent, clarification on the height of the retaining wall, and the primary zone boundary. Todd Simning with Plowshares outlined the changes and addressed issues raised in the previous Planning Commission meeting. Commissioner Lillehaug clarified that the applicant was requesting the city to revisit the primary zone location. Commissioner Feik asked if losing the 3 lots was a deal breaker. Todd Simning stated 2 Planning Commission Summary - March 2, 2004 absolutely. Commissioner Claybaugh asked the applicant to clarify the height of the retaining wall in the alternative plan versus the first plan. Commissioner Lillehaug stated his previous recommendation was to provide access to this site via Century Trail, since the City owns Outlot G. Tom Simning stated, after discussing it with his partner, they would do the development with 17 units instead of the proposed 18. Chairman Sacchet called the public hearing to order. Susan McAllister, the land owner at 2930 West 78th Street asked for clarification on how the number of units is calculated and provided background information on how the primary zone was established. She disagrees with where the city is placing the 300 foot boundary. Chairman Sacchet closed the public hearing. Commissioner Slagle asked staff to explain how the primary zone boundary was established. Commissioner Papke asked if there would have been any opportunity for Susan McAllister, before coming to the Planning Commission with this development, to somehow appeal the delineation of that boundary as it's documented. Commissioner Claybaugh asked staff to discuss the difference between delineating the primary zone and delineating a wetland. Commissioner Slagle felt the access into this site should be off Century Trail and suggesting tabling the item. Chairman Sacchet asked the applicant if they would be willing to give an extension to the time limit if this item were tabled. Todd Simning stated they needed to get dirt moving in May or it was a dead project. After further discussion the following motions were made. Feik moved, Lillehaug seconded that the Planning Commission recommends the City Council deny the Land Use Amendment from Residential-Low Density to Residential-Medium Density. All voted in favor, except Sacchet and Slagle who abstained. The motion carried with a vote of 5-0-2. Feik moved, Lillehaug seconded that the Planning Commission recommends the City Council deny PUD#2003-3 rezoning the property from Agricultural Estate District, A2 to Planned Unit Development-Residential, PUD-R. All voted in favor, except Sacchet and Slagle who abstained. The motion carried with a vote of 5-0-2. Feik moved, Papke seconded that the Planning Commission recommends the City Council deny preliminary plat for Highlands of Bluff Creek, plans prepared by Westwood Development Services Inc. dated 10/31/03, revised 12/05/03, 12/17/03, and 2/03/04 All voted in favor, except Sacchet and Slagle who abstained. The motion carried with a vote of 5-0-2. Feik moved, Lillehaug seconded that the Planning Commission recommends the City Council deny Conditional Use Permit #2003-10. All voted in favor, except Sacchet and Slagle who abstained. The motion carried with a vote of 5-0-2. Feik moved, Lillehaug seconded that the Planning Commission recommends the City Council deny Site Plan #2003-11, plans prepared by Westwood Professional Planning Commission Summary - March 2, 2004 Services, Inc., dated December 17, 2003. All voted in favor, except Sacchet and Slagle who abstained. The motion carried with a vote of 5-0-2. Chairman Sacchet stated the position of the Planning Commission recommending denial is because of disagreement on the primary zone placement. Not feeling it's within the Planning Commission's jurisdiction to move that around. There was a desire to see the issue of access from Century Trail and/or West 78th Street studied further. They find it encouraging that the applicant expressed willingness to drop one of the units to the south in order to push the development away from the westerly edge to preserve a reasonable buffer to Highway 41 but felt they went in the opposite direction of the direction given prior to tabling, i.e. grading, tree loss. Commissioner Claybaugh stated his hopes that staff and City Council can either address the issues of concern aggressively or remove it from the table so there's not so many issues to cloud the judgment of the City Council. Commissioner Feik suggested that the City Forester be present at the City Council meeting to answer questions. Commissioner Slagle's reasoning for abstaining is sometimes the 60 day rule forces projects to be approved or denied and in some respects it's not given it's fair due, especially when you make recommendations and they don't come back the way you thought. Chairman Sacchet's reasoning for abstaining is he would like to see the parameters of the development defined more clearly to the point that the applicant could work within them and turn it around but since the applicant did not appear to be willing to extend the time frame, there was no other option but to send it forward to City Council. PUBLIC HEARING: REVIEW PROPOSED CHANGES TO CHAPTER 20, ZONING OF THE CHANHASSEN CITY CODE. THESE CHANGES AFFECT ARTICLES I THROUGH XXXI OF THE CHAPTER AND ARE INTENDED TO UPDATE AND CONSOLIDATE THE ENTIRE ZONING ORDINANCE. Chairman Sacchet asked the Paulsen's and Debbie Lloyd to move to the front and to interject in the discussion where they wanted. Bob Generous highlighted the proposed changes to the ordinance. Janet Paulsen asked for clarification on the definitions of hardship and undue hardship and the primary zone area in the watershed. Janet Paulsen, along with Debbie Lloyd stated their support for keeping the requirement that notices be mailed to all lakeshore owners. Commissioners discussed requirements for retaining walls under 4 feet and play house placement. Commissioner Papke suggested eliminating number 2 on page 28, Home Improvement Trade which limits the hours of operation and questioned the requirement for motel parking on page 30. There was discussion over the building pad requirement, whether to go with square footage or minimum width and depth. The Planning Commission decided to keep the 60 by 60 house pad requirement. Due to the fact that the meeting was over curfew, the public hearing will remain open and discussion will continue at the next Planning Commission meeting. APPROVAL OF MINUTES: Claybaugh noted the Minutes of the Planning Commission meeting dated February 17, 2004 as presented. 4 Planning Commission Summary - March 2, 2004 Chairman Sacchet adjourned the Planning Commission meeting at 10:40 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim