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PC SUM 2005 01 18 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES JANUARY 18, 2005 Chairman Sacchet called the meeting to order at 7:00 p.m. and gave a brief introduction of the role of the Planning Commission and how the meeting and public hearings would be conducted. MEMBERS PRESENT: Uli Sacchet, Kurt Papke, Dan Keefe, Rich Slagle, Jerry McDonald, and Steve Lillehaug MEMBERS ABSENT: None STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; Matt Saam, Assistant City Engineer, and Josh Metzer, Planner I PUBLIC PRESENT FOR ALL ITEMS: Janet Paulsen 7305 Laredo Drive Debbie Lloyd 7302 Laredo Drive OATH OF OFFICE: Chairman Sacchet administered the Oath of Office to Jerry McDonald. REQUEST FOR REZONING OF PROPERTY FROM RURAL RESIDENTIAL DISTRICT TO RESIDENTIAL SINGLE FAMILY DISTRICT AND SUBDIVISION WITH VARIANCES ON PROPERTY LOCATED EAST OF HIGHWAY 41, SOUTH OF HIGHOVER DRIVE, AND NORTH OF GUNFLINT TRAIL, YOBERRY FARMS, LLC., DAVID HURREL, AND KAREN WEATHERS, PLANNING CASE NO. 04-43. Public Present: Name Address Mark Erickson 2216 Hunter Drive Dan Lun 2373 Hunter Drive Lauren Damman 6934 Highover Drive Laura Bray 6983 Highover Drive Michael Horn 7024 Highover Court Karen Weathers 7235 Hazeltine Boulevard Dean Simpson 7185 Hazeltine Boulevard Candice McGraw 2446 Highover Trail Kathy Mack 6984 Highover Drive Ray Alstadt 2423 Highover Trail Larry DuMoulin 6966 Highover Drive th Bill Coffman 600 West 78 Street Planning Commission Summary – January 18, 2005 st Steve Johnston 510 1 Avenue North, Minneapolis th Chuck Alcon 6138 76 Lane, Greenfield David Hurrell 7420 Bent Bow Trail Scott Bittner 2398 Hunter Drive Bob Krueger 2350 Hunter Drive David & Kathleen Fulkerson 6900 Highover Drive Larry Lovig 2475 Gunflint Court Philip Haarstad 7066 Harrison Hill Trail Patrick Brunner 2443 Hunter Drive Matt Mesenburg 2428 Hunter Drive Jo Mueller 2529 Longacres Drive Mark Zaebst 2325 Hunter Drive Carrie Sprosty 7163 Fawn Hill Road Lori Dinnis 2362 Hunter Drive Kathy Koscak 2351 Hunter Drive Kristin Bunkenburg 2300 Hunter Drive John Graham 6935 Highover Drive Jeff Tritoh 2313 Hunter Drive Dave Bordeau 2418 Hunter Drive Todd Rech 2408 Hunter Drive Keith Abrahamson 2403 Hunter Drive Rosalie J. Nast 2448 Hunter Drive Scott Smith 2395 Hunter Drive Dan Hanson 2390 Longacres Drive Julie Lohse 7094 Harrison Hill Trail Bill Borrell 2300 Longacres Drive Jennifer Rysso 7108 Harrison Hill Trail Andrew & Tina White 7122 Harrison Hill Trail Paul Ottoson 7080 Harrison Hill Trail Mike & Candi McGonagill 2451 Hunter Drive Ping Chung 7000 Highover Drive Chairman Sacchet excused himself from the Planning Commission for this item due to a personal conflict of interest. Vice Chair Slagle conducted the public hearing for this item. Sharmeen Al- Jaff and Matt Saam presented the staff report. Commissioner Keefe asked staff to explain MnDot’s explanation of access control, and to clarify the distances between access streets on Highway 41. Acting Chair Slagle asked staff to further clarify the access requirements, the reduction in grade of the road and the placement of the bushes in the utility easement. The applicant, Chuck Alcon stated they are re-looking at the northeast corner of the plat and rearranging the street configuration. Commissioner McDonald asked for clarification on what traffic studies that have been conducted. Acting Chair Slagle asked the applicant to confirm the placement of the sidewalk system and clarification regarding a totlot. He then re-opened the public hearing. Tom Hirsch, 2290 Longacres Drive, President of the Longacres Homeowners Association reviewed the package he delivered to the commissioners prior to the meeting addressing access, 2 Planning Commission Summary – January 18, 2005 traffic, the use of their private park by residents of this new subdivision and maintenance of entry monuments and parks. Mark Zaebst, 2325 Hunter Drive, speaking on behalf of a large number of residents of Longacres, elaborated on the traffic issues and specifically on Hunter Drive. Julie Lohse, 7094 Harrison Hill Trail expressed concerns with the road that’s being proposed adjacent to her back yard and reviewed the different options being proposed. She also had concern with the residents in this neighborhood using their private park. Rodd Wagner, 6915 Highover Drive had concerns with traffic and asking that access from this development onto Highway 41 be explored further or exploring the possibility of having two cul-de-sacs from the north and south into this development. Andrew White, 7122 Harrison Hill Trail, being in the business and working on a downtown project, suggested that if the developer had held a neighborhood meeting prior to the public hearing, the process would have gone more smoothly. Paul Ottoson, 7080 Harrison Hill Trail, having looked at over 100 homes before buying in Chanhassen, never saw a home with a street in the front yard and a street in the back yard. Larry Lovig, 2475 Gunflint Court felt there is a very serious problem with the traffic that will be going along Hunter and asked that the commission find a way to find access to 41. Jennifer Rysso, 7108 Harrison Hill Trail stated she wanted to emphasize again that the purpose of the proposed road lying directly adjacent to her property is to serve 4 to 5 homes at the risk of compromising 8 homes that are already existing. Uli Sacchet 7053 Highover Court South reiterated his concern with the proximity of the cul-de-sac to his property, He asked that a condition be added that the grading limit and tree preservation line be adjusted to where the actual grading takes place. His second request would be that two birches on the planting plan be replaced with evergreens as a buffer from car headlights and asked for clarification on ownership and maintenance responsibility for the pond on the south side of Highover. Larry Dimlin, 6966 Highover Drive expressed a big concern with through traffic on Highover Drive. He wanted to echo what Rodd Wagner said in taking a look at a cul-de-sac on the north as well as the south end of this new proposed development and access from 41 into this development. Michael Horn, 7024 Highover Court concurred with the comments of Rodd Wagner, specifically with regard to the traffic and access off Highway 41. Lauren Damman, 6934 Highover Drive concurred with the possibility of an access off Highway 41. Nora Wagner asked about the possibility of sound walls being constructed for the neighbors adjacent to Highway 41. Acting Chair Slagle closed the public hearing and asked staff to comment on the issue of the access off Highway 41. After considerable discussion and comments from commissioners regarding traffic, access onto Highway 41 and parks, the following motions were made. Papke moved, McDonald seconded that the Planning Commission recommend approval of the preliminary plat for planning case #04-43 for Yoberry Farms for 57 lots and 8 outlots as shown in the plans received December 20, 2004, subject to conditions 1 through 46. In addition adding condition number 47. That the developer remove Lot 4, Block 4 to move Gunflint Trail as far west as feasible and to allocate use of that space as a totlot. Papke and McDonald voted in favor. Slagle, Keefe and Lillehaug voted in opposition. The motion failed with a vote of 2 to 3. Lillehaug moved, Keefe seconded that the Planning Commission recommend denial of the application for planning case #04-43 for Yoberry Farms for 57 lots and 8 outlots as shown in the plans received December 20, 2004. All voted in favor, except Papke and McDonald who opposed, and the motion carried with a vote of 3 to 2. 3 Planning Commission Summary – January 18, 2005 In comments, Commissioner Lillehaug stated his belief that it is feasible to make a connection to Trunk Highway 41, concerns with the traffic volumes on the north and south streets from the development, regarding the easterly cul-de-sac, there’s other options that could minimize a couple of lots and create a totlot. PUBLIC HEARING: REQUEST FOR SUBDIVISION OF 1.19 ACRES INTO 3 SINGLE FAMILY LOTS WITH VARIANCES ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL LOCATED AT THE SOUTHEAST INTERSECTION OF MURRAY HILL ROAD AND MELODY HILL ROAD, JOHN HENRY ADDITION, PLANNING CASE NO. 05-05. Public Present: Name Address Richard Herrboldt 6464 Murray Hill Road John DeLuca 6484 Murray Hill Road Gil Kreidberg 6444 Murray Hill Road Greg Nelson 2165 Murray Hill Court Josh Metzer presented the staff report on this item. Commissioner Keefe asked for clarification on buffering requirements between lots. The applicant was not present. Chairman Sacchet opened the public hearing. Gil Kreidberg, 6444 Murray Hill Road stated the fact that the applicant is not here is slightly distressing because it makes it difficult to really determine the nature and the character of what they’re going to construct there. John DeLuca, 6484 Murray Hill Road expressed concern with the size of the lots being proposed and what will be built there. Chairman Sacchet closed the public hearing. After commission discussion, the following motion was made. Slagle moved, Lillehaug seconded that the Planning Commission recommends approval of the preliminary plat for Planning Case 05-05, John Henry Addition for 3 single family lots as shown on the plans received December 17, 2004, subject to the following conditions: 1. Environmental Resources Specialist conditions: a. A minimum of one planted tree shall be required in the front yard of each lot. b. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. c. All trees shown as preserved and outside of the grading limits as shown on plans dated Received 12/17/04 shall be saved. Any trees removed in excess of proposed tree preservation plans will be replaced at a ratio of 2:1 diameter inches. 2. Submit drainage calculations and drainage map for staff review and approval at time of final plat. 3. On the plan: 4 Planning Commission Summary – January 18, 2005 a. Show a minimum 75 foot rock construction entrance. b. Call out the proposed house types on Lots 2 and 3. c. Show silt fence around the grading area. d. Show the existing access drives on the western side of Murray Hill Road. e. Show the locations of the proposed sanitary sewer and water services to the new lots. f. Show the location of the proposed driveways for the new lots. g. Show existing topography and structures within 100 feet of the property line. h. Show the existing sanitary manhole rim and invert elevations along with all of the existing utility pipes in Murray Hill Road. i. show 30 foot rear yard setback. 4. All sanitary services must be 6” PVC-SDR26 and water services 1” copper. 5. Since the applicant is now proposing more units (3) than what the property had been previously assessed for, the additional two units will be charged the sanitary sewer and water connection charge. The 2005 sanitary sewer and water connection charges are each $5,118 for a total per unit or per lot cost of $10,236. Based on these rates, the total amount due payable to the City for the additional two lot units will be $20,472 (2 @ $10,236.). 6. Add the following City detail plates: 1005, 2001, 5300, and 5301. 7. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 8. The sanitary sewer and water hookup charges will be applicable for each of the new lots. The 2005 trunk hook up charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. 9. As part of the development improvements, the developer will be required to extend water and sanitary sewer services to the property line of each new lot. 10. All of the utility improvements are required to be constructed in accordance with the City’s latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. Permits from the appropriate regulatory agencies will be required, including the MPCA. 11. A professional engineer registered in the State of Minnesota must sign the plans for the utility improvements. 5 Planning Commission Summary – January 18, 2005 12. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year found, according to the following table of slopes and time frames: Time (maximum time an area can remain unvegetated Type of Slope when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days These areas include constructed storm water management pond side slopes, any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet temporary or permanent drainage ditch or other man made systems that discharge to a surface water. 13. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 14. Based on the proposed developed area of approximately 1.19 acres, the water quality fees associated with this project are $1,301; the water quality fees are approximately $3,219. At this time the estimated SWMP fee, due payable to the City at the time of final plat recording is $4,520. 15. Full park fees shall be collected at the rate in force at the time of final plat. The 2005 park fees rate is $4,000. Park fees for John Henry Addition will be $8,000. 16. Building Official conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. b. Separate water and sewer service must be provided for each lot. All voted in favor, except McDonald who opposed and the motion carried with a vote of 5 to 1. PUBLIC HEARING: REVIEW LAND USE OF HILLSIDE OAKS SUBDIVISOIN AND POTENTIAL LAND USE AMENDMENT FROM RESIDENTIAL-LARGE LOT TO RESIDENTIAL-LOW DENSITY ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF POWERS BOULEVARD AND LYMAN BOULEVARD, PLANNING CASE NO. 05-06. Public Present: Name Address 6 Planning Commission Summary – January 18, 2005 Keith Buesgens 1300 Oakside Circle Dana Muller 8550 Sunset Trail George & Jackie Bizek 8750 Powers Blvd. Brent Miller 1200 Lyman Boulevard Arild Rossavik 8800 Powers Boulevard John Hill 1360 Oakside Circle Steve Buan 8740 Flamingo Drive Margaret Tran 1330 Lyman Boulevard Bob Generous presented the staff report on this item. Commissioner Papke asked staff to clarify the proposed zoning to the south of this area on the other side of Lyman that’s part of the AUAR. Commissioner Slagle asked for clarification on zoning in this whole southern part of the city and if staff feels this immediate area would be better developed if the lots were to come in collectively rather than individually. Chairman Sacchet asked for clarification on the time line of previous applications. Chairman Sacchet opened the public hearing. Arild Rossavik, 8800 Powers Boulevard reviewed past correspondence from the City regarding the number of sewer and water hook-up assessments for his property. He stated a number of neighbors are in support of this land use change and showed the impact of the new Highway 212 to this area. George Bizek, 8750 Powers Boulevard stated he’s against the rezoning change, as he has been every time this issue has been brought before the City. John Hill, 1360 Oakside Circle stated he and his wife, Brenda do not support the rezoning and never have. Margaret Tran, owner of Lot 6 stated she and her husband are not in favor of the rezoning. Keith Buesgens, 1300 Oakside Circle stated he’s not interested in subdividing his property right now. He may be in 15 years but not at this time. Steve Buan, 8740 Flamingo Drive stated there ought to be a comprehensive plan of how the whole 20 acres is going to develop, not piecemeal. Chairman Sacchet closed the public hearing. After commission discussion, the following motion was made. Lillehaug moved, Papke seconded that the Planning Commission affirms the land use map designation of Residential-Large Lot for Block 1, Hillside Oaks Addition. All voted in favor, except Slagle and Sacchet who opposed, and the motion carried with a vote of 4 to 2. PUBLIC HEARING: CODE AMENDMENT TO CHAPTER 20-615 TO AMEND SINGLE FAMILY RESIDENTIAL (RSF) LOT WIDTH REQUIRMENTS. Public Present: Name Address th Dennis Wolt 4291 West 200 Street, Jordan Michael Callies 937 Shumway Street, Shakopee Ronald Jabs 217 Juergens Court, Jordan nd Scott Rosenlund 622 West 82 Street, Chaska 7 Planning Commission Summary – January 18, 2005 Bob Generous presented the staff report on this item. Chairman Sacchet clarified that this applies to all lots, not just lots on curves. Commissioner Keefe asked staff to clarify if there would be a need to raise the 15,000 square foot minimum for lot size. Commissioner Papke wanted to make sure this change was not encouraging unintended consequences. Chairman Sacchet opened the nd public hearing. Scott Rosenlund, 622 West 82 Street, Chaska stated his son and him are small contractors who currently have the property at 6500 Chanhassen Road under contract to develop. They are concerned that this change will make the development not feasible. Chairman Sacchet asked staff to clarify when this ordinance amendment would take effect. Commissioner Slagle asked if a date could be set when the ordinance would become effective. Janet Paulsen, 7305 Laredo Drive asked for clarification on which lots this standard would apply to, where the 100 foot width is measured, and if this will create larger cul-de-sacs. Debbie Lloyd, 7302 Laredo Drive stated that the notification that was sent to builders read 95 feet which is an error. She also stated the lot width was changed in 1996 and asked what the lot width was prior to that change and how many lots in Chanhassen will become non-conforming. Chairman Sacchet closed the public hearing. After discussion the following motion was made. Lillehaug moved, McDonald seconded to table action on the code amendment to Chapter 20-615 to amend single family residential (RSF) lot width requirements. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: CODE AMENDMENT TO CHAPTER 20-904 TO REGULATE ACCESSORY STRUCTURES. Josh Metzer presented the staff report on this issue. Commissioner Papke asked staff to explain how this amendment would affect the construction of greenhouses. Commissioner McDonald clarified that docks with boat house covers would be exempt. Chairman Sacchet opened the public hearing. No one spoke and the public hearing was closed. Slagle moved, Lillehaug seconded that the Planning Commission recommend approval of amending Section 20-904 (Accessory Structures) of the City Code by adding subsection (d) to read as follows: (d) Accessory buildings constructed primarily of canvas, plastic fabric or other similar non- rigid materials, as determined by the Building Official, shall be prohibited. Accessory structures shall be built of materials compatible and comparable to those of the principle structure. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Lillehaug noted the verbatim and summary minutes of the Planning Commission meeting dated January 4, 2005 as presented. Chairman Sacchet adjourned the Planning Commission meeting at 10:45 p.m. 8 Planning Commission Summary – January 18, 2005 Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 9