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CC Minutes 02-23-2015Chanhassen City Council – February 23, 2015 Mayor Laufenburger: So the motion that I would make is that the Chanhassen City Council affirm the decision of the Planning Commission denying the variance and enforcing the appropriate building codes. Excuse me, denying the variance and accepting the Findings of Fact of the Planning Commission. Insuring that enforcement of the building codes would be applied to the expansion building that was already put in place and thirdly, that if the applicant chooses to return to the council with a variance for a separate building, that any fees normally associated with that variance application be waived. Can I do that? Roger Knutson: Sure. Councilman McDonald: So that’s your motion Mr. Mayor? Mayor Laufenburger: That’s my motion Mr. McDonald. Councilman McDonald: I’ll second. Mayor Laufenburger: Alright. We have a motion and a second. Any discussion? Mayor Laufenburger moved, Councilman McDonald seconded that the Chanhassen City Council affirm the decision of the Planning Commission denying variance request #2014-33 and accepts the Findings of Fact of the Planning Commission; insuring that enforcement of the building codes are applied to the expansion building that was already put in place; and if the applicant chooses to return to the council with a variance for a separate building any fees normally associated with that variance application be waived. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you staff. Thank you applicant for allowing us to have good debate about this. We have one more item on our agenda this evening. CSAH 61 CORRIDOR: CONSIDER RESOLUTION APPROVING AMENDMENTS TO 2030 COMPREHENSIVE PLAN CHAPTER 2, LAND USE (LAND USE MAP AND FIGURES 2-1 AND 2-2. Kate Aanenson: Thank you Mayor, members of City Council. This item, as you’re aware, we had a joint meeting at the end of the year, in December to talk about where we were with this process and the Planning Commission did hold a hearing and we had a pretty good turnout at that meeting from property owners and neighbors in the area. Obviously they’re not here tonight but I’ll try to reiterate their concerns. So again the subject area is located along 61. Also kind of the 101 being the main intersect of the, and Bluff Creek Drive being the main east, excuse me. North/south intersect. So what’s driving this project as we’ve talked about is the 101 bridge and then also the upgrade of County Road 61. So we looked at the development constraints. I’m going to go through some of these slides rather quickly. The developmental traits in the area restricted it to less than 200 acres of development so the question was, as the infrastructure being put in place raises the value or the visibility of this property and really to go back and look at the land uses that were put in place to see if they still made sense and look at the appropriate land uses and whether or not we could provide municipal services to the property. So with that we’ve 56 Chanhassen City Council – February 23, 2015 got the river crossing, 61 design. Again the sanitary sewer and water. Looked at the lift stations. Where they would go. Again lift station for this area to develop needs to be developed and that’s actually north of Lyman Boulevard so as we informed in the neighborhood meetings that we’re a ways from that. I know the City Engineer has an open house tomorrow on the 101 corridor so that’s still a lot of questions that people have in this area is when municipal services are going to be provided and it’s predicated on what happens to the north. Again looking at where water would come. The City Engineer’s recommendation to loop that and I believe that’s his intent with the 101 corridor that we’ve sleeve some of that. Again that’s of interest to some of the property owners and we did as the council asked us to do is on the notification for the public hearing before the Planning Commission, notified not only those people along the corridor but also the people that were north that could be impacted by this which would include those people on Lakota. Some of those residents, Mandan Circle and then also the Hesse Farm area and we did have representation from those groups at the Planning Commission who spoke too. So this is the water. So we’ve got the 101 alignment. So existing land uses are shown on the top half. Again we put a lot of industrial in this area kind of as a place holder. This is all before the DNR bought the Seminary Fen property so we thought kind of a good steward of that property would be if we had an office user and then preserve some of that property but as it turns out that, and that would be area number 2, go back to my laser pointer here. Is actually now the Seminary Fen site there that the DNR interpretative center. So looking at some of those land uses so we also included if you look at 8 and 9, those properties are in the floodplain. Both those property owners were at the meeting, the public hearing before the Planning Commission, although they did not speak. I think most of the property owners that were at the public hearing did not speak. Some of the other people that did speak were people in the Hesse Farm area asking questions about impacts to well. The City Engineer was at that meeting to speak to that. We don’t intend to put wells down in this area so that was one of the concerns that was addressed. And then some of the other ones were view sheds which we’ll talk about in a little bit more detail. So the only down zones then would be that area 8 and 9 and again those are in the floodplain. As we talked about in the work session the goal with getting this land use changes and same with getting funding for some of the other clean up was we know, did when we tried to clean up the Moon Valley site to get what was the shooting range, is to try to get that cleaned up. We didn’t point out very well because development wasn’t eminent. You’re kind of ranked on that so this will help us moving forward that we have a plan that we can demonstrate is developable. So we showed again some of the changes that we intend to do here so this is map area 1. So this is the area just to the west of the Seminary Fen so we just showed how that would look. Again illustratively what our goal would be then to cluster that. So that would go to medium density. And then this would be map area 2, office to parks and open space. This is the Seminary Fen and then large lot residential to medium density again to make some of that work. These are the ones that we’re recommending changing. Office, map area 4, office to residential medium. And then map area 4 and 5, on our Comprehensive Plan we always identified this area as a potential commercial so this is what we would call a convenience commercial area so this would have some medium density and then some commercial. A gas station or the like and again we identified that in our Comprehensive Plan when we submitted that or completed that in 2008. Obviously for this to happen 101 needs to be realigned. For any development to happen down here we need again the sewer and water to come down and that’s predicated on 101 so that’s the message we keep reminding the developers, or the property owners down there. We did include their comments in your packet and again the property owners are supportive of the changes and 57 Chanhassen City Council – February 23, 2015 opportunities to redevelop their property. Again we talked about some of the uses that are down there now getting higher and better uses so this would be office to mixed use and that would be the commercial. This would be the underlying zoning district on that. Then office industrial again to be commercial with 101 being realigned. This is showing the current alignment and then office industrial, the high density residential so we extended that a little bit more so we’re just immediately west of what we call the Moon Valley site and this is the Moon Valley site here. This is an area that we did get some comments from the residents in Settlers West were deeply concerned of their view sheds there and wanted us to acquire the properties such as Eden Prairie did on the other side. It’s hard to explain to people but there’s different ways to get conveyance when you’re doing a development. Sometimes a developer will dedicate to the city in lieu of park dedication fees and maybe a tax consequence so we don’t know how that all occurred but the mining operation on the Moon Valley site was prior to the development on the Settlers West and that park, which the Richard T. Anderson Park. So this is the Moon Valley over here and this is the Richard T. Anderson so there was no mining on that so it was left in the state. In it’s natural state so one of the things that we talked about with the residents with Settlers West, which we spent a lot of time talking about that is they’re sitting up here. Their view shed is actually overlooking that. We talked about the retaining wall that will be in place on County Road 61 with the development of that road so really you’re overlooking that development. These would be 3 story buildings. So they asked that the Planning Commission revisit when we update the Comprehensive Plan. It’s been high density for over 20 years. So the last two Comprehensive Plans which span 10 years so it has been in place for that long. So that was all in place before those homes were built. In addition to that when we, when Moon Valley closes which they anticipate with the completion of 61, in a couple of years. Prior to that we got it cleaned up. It took us quite a few cycles. The developer ultimately paid for getting out all of the lead out of the hillside so it’s been cleaned up and really the best way to get this property cleaned up and a good use is have a developer come in. Revegetate. Do a project on the site. We think that’s the best way to really to bring that project, to bring this property into the best situation that we can get through. Let the market forces take a hold of that and then get the reclamation of it done. Yes a developer has to revegetate but it’s not going to be to this level that we would get with a development proposal so I would say the well and this site were probably the two biggest concerns that we had during the public hearing. Talked about the Richard T. Anderson and that’s a little bit different. Again the Settlers West, while it’s in the city of Chanhassen, topographically it’s really up on the north half so they do get sewer and water from Eden Prairie and come out that way but their view sheds, we did take some conservation easements over some of those slopes up on the top but that was their concern of overlooking that. Again you know the timeframe on that is predicated on getting sewer and water down there so these are some of the properties that we’re looking at for the open space. Again these properties are so narrow and are problematic to back flooding on the back corners of these so we think giving them the open space. So one of the questions that did come up on this is, some of the property owners that we did meet with, we invited all the property owners to meet with us prior to the public hearing. That would be separate from the public hearing that all the other surrounding property owners came and some of their concern is, what’s going to happen to my property now. While you’re legal nonconforming, you can continue to operate the way you’re operating today. Not only that you can sell it to somebody else if they continue to operate the way it is. It’s when you want to expand. Similar to the circumstance we just talked about tonight. That would change that but it would allow them to continue to operate the way they are 58 Chanhassen City Council – February 23, 2015 now but not expand. And then the other one that would be open space would be, this looks a lot different than this picture now. There’s quite a few less cars out there and the operation is a lot different now but again that would be. Mayor Laufenburger: There’s less cars today than there is in this picture? Kate Aanenson: Correct. Correct. Mayor Laufenburger: So they’re scaling back? Kate Aanenson: Correct. Mayor Laufenburger: Are people buying the cars? Kate Aanenson: It’s salvage. People buy parts. So again open space and again this is one that we talked about before that would be helpful to get the clean up. So how does this relate to what we need to do. So we need to submit this to the Met Council because it’s a Comprehensive Plan amendment. So what we’re submitting then would show the differences in acreage and I just want to summarize for you really the biggest changes on this is going to be that we’re adding additional, more residential. Less office. And so the percent increase would be, decrease would be 8 percent decrease in the office and then we’re increasing the medium density. The commercial we had identified on there so that didn’t change too much but we took away that office area and then added more medium density, which we think the market would support. Again there’s fantastic views down there too so what we are submitting to the Met Council would be our change. The land use recommendation change so we have to fill out these types of tables to submit to them. We’ve been working with the Met Council. To date we’ve met our jurisdiction review comment period so right now as a part of your motion, this is all predicated on the reviewal by the Met Council so what we’re recommending is that you adopt the resolution approving the land use amendments within the 61 corridor and these again would be subject to the Metropolitan Council so we will let you know after they approve it. Your motion would be to approve it tonight subject to that but then once they approve it then we will let you know that and then we would modify that with the City’s mapping so it would be reflective of what those changes are. With that I’d be happy to answer any questions that you have. Mayor Laufenburger: Thank you Ms. Aanenson. Are there any questions of Ms. Aanenson regarding this recommendation? Councilwoman Ryan: I do Mayor. Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: Ms. Aanenson, just for my own clarification. So when, if this goes through and it changes the land use changes, none of the people that are down there, the businesses are down there, they don’t have to do anything to their business. 59 Chanhassen City Council – February 23, 2015 Kate Aanenson: No, and again we met with all them. We’re not going to buy them out. The market’s going to take over so they can continue to operate the way they are today. There are some people that have conditional uses and interim uses that are in violation of those. We’ve been working with them over the last couple years. We’ve met with them and kind of worked out a plan to get them into compliance but no. They can stay the way they are. Yeah. Unless we’ve met, I think a few people had some right-of-way acquisition but that’s a whole separate negotiation but not part of this. Councilwoman Ryan: Okay, thank you. Mayor Laufenburger: Thank you Councilwoman Ryan. Any other questions or comments? Councilman Campion: Not at this time. Mayor Laufenburger: Kate I noticed that there was one, one comment from a neighbor who suggested a different. I’m trying to think who it was. Kate Aanenson: A different land use recommendation? Mayor Laufenburger: Yes. Kate Aanenson: Yes, that was on Settlers West. It was on the Moon Valley site. Mayor Laufenburger: Oh. Kate Aanenson: They wanted it taken from medium density to low density. My point back to the Planning Commission, it’s been that way for 20 years. Mayor Laufenburger: So it wasn’t a property owner that was asking that? Kate Aanenson: No, it was a person, somebody else. Mayor Laufenburger: Okay. Alright. Kate Aanenson: If I may Mayor, the two people that are most interested in development, and we’ve talked about this before, is the people on both extremes. On the Gedney Pickle site and then also on the Moon Valley so they’re the furthest away and they had really the biggest pieces and the most potential for redevelopment. Easy redevelopment. When I say easy the parcel sizes and that sort of thing so. Mayor Laufenburger: So both of those sites would be attractive for redevelopment. Kate Aanenson: That’s what I meant to say, yes. Mayor Laufenburger: The problem, or the problem. 60 Chanhassen City Council – February 23, 2015 Kate Aanenson: Challenge yeah. Mayor Laufenburger: Or the challenge that needs to be overcome is delivery of municipal services to both of those properties correct. Kate Aanenson: Exactly. Mayor Laufenburger: Yeah because they are, because they’re on the two ends they’re, they’re farthest away from where that pipe would be delivered. Kate Aanenson: Right. And as we explained at the work session, you know you’ve got the Robert T. Anderson property so Eden Prairie can’t service that. Mayor Laufenburger: Right. Kate Aanenson: And Chaska doesn’t have the capacity so it’s incumbent upon us whether or not we can provide it and that’s what we demonstrated through this process is that we can provide municipal services down there. Mayor Laufenburger: And to your point the market will help determine correct. Kate Aanenson: That’s correct. Mayor Laufenburger: Okay, alright. Just remind Ms. Aanenson, the action that we take tonight is essentially to modify the existing Comprehensive Plan with these land uses and the modification to the percentages that are reflected in the plan, correct. Kate Aanenson: That’s correct. Mayor Laufenburger: And is it possible that the Metropolitan Council can come back and say why didn’t you just wait until your next Comprehensive Plan? Kate Aanenson: Yeah, that’s a good question. We did have the discussion with them. We’re going under the old rules. The new rules are changing and we want to go underneath the old rules of making use. There’s some other housing issues and some other things that just makes it more complicated. They’re comfortable with this. They understand really what’s driving this is an infrastructure improvement that was not anticipated. Mayor Laufenburger: Right. Kate Aanenson: Which sets us up to do a Comprehensive Plan amendment because we weren’t anticipating this and to set ourselves in a good position to plan for our future so they understand that. 61 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: The improvements to which you refer are principally the land bridge of 101. The Eden Prairie Highway 61, CSAH 61 which is being done in Hennepin County so those are, okay. Kate Aanenson: Exactly. I just want to make one other point. Mayor Laufenburger: We lost you. Kate Aanenson: I’m sorry, I’m back on. I just want to make one other point and I think we did hear from some of the residents that they’re interested in some other opportunities to do trail connections in that area, which is something we talked a little bit about when we had our open houses. People see that as an opportunity, especially on that south side. Making some fantastic turnouts where you can actually look at the river so that’s something as we look at planning with the next iteration of the Comprehensive Plan I think we’ll look at those opportunities. Mayor Laufenburger: Does this action preclude us from doing that? Kate Aanenson: Absolutely not. Mayor Laufenburger: Okay. Good point. Alright. Any other comment or motion? Councilwoman Ryan: I’ll make a motion. Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: Chanhassen City Council adopts the resolution approving the land use map amendments within the CSAH 61 corridor subject to the approval by the Metropolitan Council. Mayor Laufenburger: We have a valid motion. Is there a second? Councilman Campion: Second. Mayor Laufenburger: Thank you Mr. Campion. Any discussion? Resolution #2015-13: Councilwoman Ryan moved, Councilman Campion seconded that the Chanhassen City Council approves the Land Use Map Amendments within the CSAH 61 Corridor and the corresponding amendments to Figures 2-1 and 2-2 of the Land Use Element and subject to approval by the Metropolitan Council. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you very much Ms. Aanenson. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. 62