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PC Minutes 1.16.18Planning Commission – January 16, 2018 Aanenson: Yeah. Generous: So it would be the final determination if it’s appealed. Aller: So it would move forward. Aanenson: No, it’s final unless it’s appealed. Yes. 75 percent of those in attendance. Aller: Oh that’s right. We only have 4 people here. Aanenson: You only have 4 people tonight so. Aller: So the motion carries and we move onto item 2. Thank you so much. And these items will be for public hearings. PUBLIC HEARING: 1651 MOTORPLEX COURT – REGISTERED LAND SURVEY (SUBDIVISION). Generous: Thank you Chairman Aller, commissioners. As you stated this is a public hearing to review a registered land survey and an amendment to a conditional use permit. The property’s located at 1651 Motorplex Court. Additionally there’s a second building on the south side that’s 1650 Motorplex Court as part of, it was approved previously with the conditional use permit and site plan review. This item will go to the City Council on February 12, 2018. The applicant is J&R Properties Limited Liability Company. Mr. LaMettry is the owner of that and he’s here tonight. Again this is 1651 Motorplex Court. It’s a unique property. It was, there were two properties as a part of the Motorplex development and as the Motorplex expanded over time it took pieces of this parcel away from it. When the LaMettry’s came in for site plan review, as a condition of approval he was to dedicate the land with the Bluff Creek corridor on the back side. There’s a wetland complex to the City. When he tried to record that deed transferring the property to the City of Chanhassen Carver County said no, they wouldn’t accept it. We were going to do a lot line adjustment and attach it to land that the City currently owns west of this parcel and told the owner that he would need to do a registered land survey to clean up all the exceptions from the descriptions. If you look at the registered land survey it’s a whole page of metes and bounds descriptions which is pretty confusing. This property is zoned industrial office park. It’s 24 acres in size. There are two building sites with existing buildings on the east side of this property right off Audubon and Motorplex Court which is a private street providing access to those buildings as well as to Audubon Motorplex. The registered land survey would create 3 tracts. Tract A is the property that contains the wetlands and the Bluff Creek primary zone on the west side. And then Tracts B and C on the east side contained two buildings that the applicant has constructed on there. Those two lots both meet the, exceed the minimum requirements of the IOP district. Staff is recommending approval of the registered land survey subject to the two conditions that they dedicate the land and that they memorialize the easement 6 Planning Commission – January 16, 2018 to the property. Through their property for, in favor of Tract A. In reviewing the amendment to the PUD it was only due to the subdivision of the property that they had to change that. Our ordinance specifies that if you subdivide or change the lot line the CUP is, will be voided so he needed to amend it. The only reason he did the subdivision is because he couldn’t transfer the land to the property. The only portion of the site that’s within the Bluff Creek primary zone is actually Tract A so with the new PUD that would be, or new CUP that will be recorded against Tract A only and the rest of it would be eliminated. Additionally the initial conditional use permit was to permit multiple buildings. Two buildings on one lot. Well with this registered land survey that part goes away and so each of them have individual buildings on individual lots. The applicant is dedicating Tract A to the City in fulfillment of the original conditional use permit and also as a condition of this conditional use permit so we are recommending approval of the CUP amendment. Again they try, the reason they’re here is they tried to meet conditions that were imposed on them back in 2015. Carver County wouldn’t let them record that deed. Because they have to subdivide the CUP has to be amended and so we’re recommending approval of this whole thing so that we can get it finalized. With that I’d be happy to answer any questions. Aller: What did you say? Actually the report sets it out quite nicely and so does your explanation so a convoluted way of getting there but it looks like we will get there so any questions of staff at this point based on the report or the presentation? Okay, if the applicant could come forward. Welcome sir. State your name and address for the record and… Richard LaMettry: Richard LaMettry and I’m from Naples, Florida. Tietz: What are you doing up here? Richard LaMettry: This. Aller: He heard we had some warm weather today. Richard LaMettry: Yeah. So I mean it pretty much says, it’s just for the benefit of recording or transferring that wetlands to the City. Aller: Any questions of the applicant? Thank you sir for going through the process. This does require a public hearing so I’ll open up the public hearing for comment. Any individual wishing to speak either for or against this item can do so at this time. Opportunity to come forward. Seeing no one come forward I will close the public hearing. Open it up for discussion or action. Or comments. I think it’s pretty straight forward. Randall: Pretty straight forward yeah. Aller: I’ll entertain any motions that one of the commissioners would like to make at this time. 7 Planning Commission – January 16, 2018 Madsen: I can make a motion. Aller: Commissioner Madsen. Madsen: The Chanhassen Planning Commission recommends approval of the amendment to the Conditional Use Permit and the Registered Land Survey and approves the Findings of Fact and Recommendation. Aller: I have a motion. Do I have a second? Randall: Second. Tietz: Second. Aller: Having a valid motion and second, any further discussion? Madsen moved, Randall seconded that the Chanhassen Planning Commission recommends approval of the amendment to the Conditional Use Permit (#2015-19) for development within the Bluff Creek Corridor and the Registered Land Survey creating three parcels, subject to the following conditions of approval and adopts the Findings of Fact and Recommendation: Conditional Use Permit: 1. Development must comply with the Bluff Creek Corridor regulations. 2. Tract A shall be dedicated to the City. Subdivision: 1. Provide the City of Chanhassen with a copy of the current access and maintenance agreement for Motorplex Court. 2. Access to Tract A shall be included as part of the current access and maintenance agreement for Motorplex Court. 3. Identify and provide a Drainage and Utility easement over the publicly owned piping on the site. 4. Dedicate Tract A to the City of Chanhassen. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 8 Planning Commission – January 16, 2018 Aller: Motion carries unanimously. Thank you again sir. Richard LaMettry: Nothing to it. PUBLIC HEARING: 7700 QUATTRO DRIVE – CONDITIONAL USE PERMIT AMENDMENT TO EXTEND COMMUNICATION TOWER. Generous: Thank you Chairman and commissioners. Again this is an amendment to an existing conditional use permit. They were approved for a 75 foot tower. As a condition of approval they were required to construct it so that it could be extended in the future to accommodate another set of antennas. However it was too short. Again this is a public hearing. This will go th to City Council on February 12. The applicant is Crown Castle Services and the property owner if Marilyn Beddor. This property is located at 7700 Quattro Drive. That’s actually in Hennepin County. It’s just north of Highway 5 and east of Dell Road. There’s an existing cell tower in the back yard and the property is zoned industrial office park. It’s over 2 acres in size. The location of the tower meets all our zoning requirements. Again the existing tower and equipment are behind the building, the northerly building on the site so they’re not visible from the public right-of-way. They would be adding 15.2 feet to the height of the tower and an additional 3 feet on top of that for a lightning rod. They will be putting in additional equipment platform on the rear and then they’re going to enclose that with a fence system. (Due to technical difficulties a portion of the staff report and the applicant’s presentation were not recorded.) Richard Krueger: …so yeah this is definitely no, yeah. Tietz: Taken into consideration. Richard Krueger: Absolutely yeah. Tietz: That was the only thing I was concerned with. With an aging, for an 18 year old structure and. Richard Krueger: Right, yeah they’ll do welding and there’s welding standards and stuff like that on the flange plate and all that kind of stuff so yeah. It’s, if it were to fail it would be very bad for the company and the public and you don’t hear about cell towers falling over for that reason. It’s very safe so. Yeah there’ll be, an act of God would have to happen basically. A 100 year flood down in Texas or something like that so yeah there’s a lot of testing that goes along with that. Tietz: Good, thanks. 9