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1985 09 11 e PLANNING COMMISSION MINUTES REGULAR MEETING SEPTEMBER 11, 1985 Chairman Ryan called the meeting to order at 7:35 p.m. MEMBERS PRESENT Steven Emmings, Robert Siegel, Bill Ryan, Ladd Conrad and Howard Noziska. MEMBERS ABSENT Jim Thompson and Mike Thompson STAFF PRESENT Barbara Dacy, City Planner and Vicki Churchill, Secretary. PUBLIC HEARING Conditional Use Permit for a 10 Foot High Tennis Court Fence on Property Zoned R-l, Single Family Residence and Located at Lot 4, Block 1, Christmas Acres, Todd Novaczyk, applicant. Public Present e Todd Novaczyk applicant Dacy stated that the applicant is constructing a tennis court at the rear of his property which abuts Christmas Lake. She stated that the applicant is proposing a 10 foot high fence around the tennis court. She noted that the zoning Ordinance requires any fence over 8 feet in height to receive a conditional use permit. She stated that the proposed tennis court is within the required setbacks. She stated that one home now exists in the subdivision which is located directly to the west of the applicant's property. She stated that the home is constructed on the top of the slope and overlooks the lakeshore. She stated that the applicant's home will also be constructed at the top of this slope with the tennis court located at the lower portion of the property. She stated that since the topography has a steep slope and the homes will be built at a higher level then the lakeshore, staff feels that the 10 foot high fence will not impact the view of the lake from adjoining properties. Todd Novaczyk wanted to clarify that the fence would be ten feet only on the two ends and four feet on the sides. He stated that the neighbor is adjacent to the side where the four foot fence would be. - Noziska moved, seconded by Ryan to close the public hearing. All voted in favor and the motion carried. e e e Planning Commission Minutes September 11, 1985 Page 2 Noziska moved, seconded by Ryan to recommend approval of Conditional Use Permit #85-12 to allow a 10 foot high tennis court fence as depicted on the site plan dated August 21, 1985. All voted in favor and the motion carried. PUBLIC HEARING Subdivision of 1.93 acres into Two Lots of .80 and 1.13 acres on Property Zoned R-l, Single Family Residence and Located at. the Northwest Corner of Minnewashta Parkway and Red Cedar Point Road, Roy Leach, applicant. Public Present Roy Leach Richard Comer applicant 3800 Red Cedar Point Dacy stated that the applicant is requesting approval for the subdivision of 1.93 acres into two lots of .80 and 1.13 acres. She stated that Parcel C has an existing single family residence and is served by Red Cedar Point Road. She noted that Parcel B has frontage on Kirkham Road and will be served by a driveway from Hickory Avenue across the Kirkham Road right-of-way. She stated that Kirkham Road is a platted street but exists as an unimproved right-of-way. She stated that staff is recommending that a 40 foot diameter cul-de-sac be platted on the eastern border of Parcel B to provide a turnaround for the City's main- tenance and emergency vehicles. She stated that there is a 22 foot wide easement along the easterly portion of Parcel B which provides lake access for Parcel C only. She stated that there is an existing dock on Parcel B. She stated that the applicant would like to share this dock (Parcel B and Parcel C). She noted that the Water Surface Usage Ordinance allows one authorized guest boat to be stored overnight at a lakeshore owner's dock and therefore, Parcel C could be allowed to store one boat at the existing dock on Parcel B. Ryan asked Mr. Leach if he had any problems with staff's recom- mendations. Mr. Leach asked who would pay for the cul-de-sac that staff is recommending. Dacy stated that there will be no expense to the applicant. The city's maintenance crew would construct the turnaround if necessary as normal maintenance operations. Mr. Comer asked about just putting in a 'T' or 'LI turnaround instead of a cul-de-sac. e Planning Commission Minutes September 11, 1985 Page 3 Dacy stated that she would have the City Engineer address these alternatives. Conrad stated that he was opposed to the overnight docking of a "guest's boat". He felt that the property owner living behind the dock owner could not be considered a guest. He felt that this should not be a condition of approval. He stated that if the property owners wanted to set this up privately, that would be fine. Ryan stated he was concerned about the setbacks because Kirkham Road is not an improved right-of-way. Dacy stated that the applicant will have to be 30 feet from Kirkham and at least 75 feet from the lake so he will meet the required setbacks. Noziska moved, seconded by Conrad, to recommend approval of Subdivision #85-15 as depicted on the Preliminary Plat dated August 30, 1985 with the condition that the City Engineer and applicant work out an acceptable solution for the cul-de-sac situation and depict it on the plat before City Council review. e All voted in favor and the motion carried. PUBLIC HEARING Sunnybrook Development Corporation: a. subdivide 59+ acres of the Chanhassen Lakes Business Park into 33-and 26 Acre Lots to Construct a Country Inn and Conference Center. b. Rezone 33 Acres from P-4, Planned Industrial Development to P-3, Planned Community Development. Public Present Barney Schlender Wanda Squire-Schlender Cal Lundquist Michelle Foster applicant applicant applicant's architect Opus Corporation e Dacy stated that the applicant is proposing to subdivide 59 acres into two lots of 33 and 26 acres north of Lake Susan. She stated that Parcel A is proposed as the site for the Sunny brook Country Inn and Parcel B is proposed as a future site for the manufac- turing of items related to the inn, such as food products. She stated that both sites are proposed to be served by Lake Drive East which will extend from County Road 17 to Highway 101 and e Planning Commission Minutes September 11, 1985 Page 4 beyond through the Hidden Valley subdivision. She stated that the proposed plat realigns the Lake Drive East right-of-way to the north. She stated that a feasibility study has been con- ducted for Lake East's presently proposed alignment but adjacent property owners have not formally petitioned the city Council to conduct the remaining phases of the public improvement process. She noted that the applicant has initiated another feasibility study to evaluate the proposed realignment. She noted that although the study should be completed within the next 30 to 45 days, the applicant has requested that Planning commission and City Council evaluate his requests to obtain as much feedback as possible. She stated that the City Engineer cannot address the engineeing implications of the proposed road alignment until the revised feasibility study is completed and without the engi- neering evaluations, staff cannot make specific recommendations on this plat. She stated that if as a result of the feasibility study the City's present alignment is maintained, the applicant would have to revise the preliminary plat for Planning Commission and City Council review. She stated that if the Planning Commission and City Council approve the subdivision that it be conditioned that the final plat should not be approved until the realignment issue is resolved. e Wanda and Barney Schlender, Sunnybrook Development, were present and stated that the proposed development contains a 47 room hotel, restaurant and accessory buildings. Michelle Foster stated that Opus is in favor of this proposal and would support the realignment of Lake Drive East. She stated that Opus would like the Planning Commission to recommend approval to the city Council conditioned upon the feasibility study. She also stated that Opus understands that they would have to bear some of the expenses of the realignment. Noziska moved, seconded by Conrad, to close the public hearing. All voted in favor and the motion carried. Noziska stated that he felt that Lake Drive East made more sense by going around the pond rather than straight through the property, as long as the soils are the same. Conrad also liked the realignment if it was economically feasible. Siegel stated that if the realignment as proposed is a problem, he hopes the architect and planners could come up with an alter- native for around the ponding area. e Conrad moved, seconded by Emmings, to recommend approval of Subdivision #85-16 of 59 acres into two lots of 33 and 26 acres e Planning Commission Minutes September 11, 1985 Page 5 as depicted on the plat stamped "Received August 5, 1985" with the following condition: 1. The final plat will not be approved until the alignment of Lake Drive East is resolved. If the present alignment of Lake Drive East is maintained, the applicant must revise the proposed plat and resubmit it for Planning Commission and City Council review. b. Rezone 33 Acres from P-4, Planned Industrial Development to P-3, Planned Community Development e Dacy stated that the applicant is proposing a country inn which will include a hotel, restaurant, and recreational activities. She stated that Parcel A and B are zoned P-4, and is proposing to rezone Parcel A. She stated that the intent of the p-3 District is for developments to be characterized by central management, integral architectural design and joint common use of parking. She stated that the proposed use will promote these objectives. She stated that by comparison to the proposed use, some uses my be more intense in some cases; however, as discussed in the site plan review portion of this report, the land area, site design, and location minimize the potential impacts of the industrial uses on the proposed use. She stated that staff finds the pro- posed uses are consistent with the general character of other permitted uses and consistent with the district's objectives. She noted that as in the subdivision, the rezoning should not occur until the final plat is filed and the City has executed the development contract and financial guarantees for the development are submitted. Noziska moved, seconded by Conrad, to close the public hearing. All voted in favor and the motion carried. Noziska moved, seconded by Conrad to recommend approval of Rezoning 85-4 to rezone 33 acres of P-4 to P-3, Planned Community Development with the following condition: 1. That the rezoning from P-4 to P-3 should not occur until filing of the final plat and that the City has executed the development contract and necessary financial guarantees are submi t ted. " All voted in favor and the motion carried. e Site plan Review for Sunnybrook Development Corporation for a Country Inn and Conference Center on 33 Acres of Land Zoned P-4/P-3 and Located in Chanhassen Lakes Business Park between Hwy. 5 and Lake Susan, Barney Schlender, applicant. Dacy stated that the applicant is requesting site plan review for an inn and restaurant, carriage house, garage/stable, chapel, Planning Commission Minutes September 11, 1985 Page 6 e grist mill and recreational facilities on 33 acres of property. She stated that the proposal is the same Sunnybrook Country Inn which was previously approved at another site. She stated that the proposed site is located on the eatern edge of the Chanhassen Lakes Business Park and overlooks Lake Susan. She stated that as discussed earlier, the site will be served by Lake Drive East, the final alignment of which will be determined within 60 days. e She stated that there can be no final recommendation until the exact location of Lake Drive is determined. She stated that the site plan is proposing five buildings; a 47 room inn and restaurant, carriage house, garage/stable, chapel and grist mill. She noted that the walkway and gazebo located in the south portion of Parcel A must receive DNR approval. She stated that the land between the lots and Lake Susan is owned by the city. She noted that the proposed walkway and dock is not allowed on this prop- erty. She noted that the total lot coverage of Parcel A including parking and other impervious surfaces equals 17% which meets the district requirements. She noted that the proposed site plan shows 350 parking spaces plus 100 future spaces but would require a total of 354 parking spaces initially and staff is recommending the applicant add four additional spaces. She noted that the proposed landscaping plan adds landscaping to the interior of the site. She stated that the site is heavily wooded with existing vegetation which screens the buildings and parking area from surrounding properties. She stated that staff is recommending the area south of the buildings to Lake Susan, where the slope is steep, remain in its natural state. She stated that until Lake Drive East is constructed, the site does not have any access and can not be utilized. She also stated that any utili- ties to and drainage from the site also depends on the construc- tion of Lake Drive East and staff can not make any final recommendations on these aspects of the site plan at this time. Noziska asked about the drainage from the parking areas. Cal Lindquist, the applicant's architect, stated that the drainage from the parking areas would drain into the ponds. Conrad asked about the recommendation regarding natural state. He wanted staff to define it. Dacy stated that there would be no grading or cutting of trees. She stated that if the applicant wanted to clear out the under brush and sod, that would be acceptable. She stated that because of the slope they want to keep it's natural topography. The Commissioners asked if the Lake Susan Homeowners Association e was notified of this proposal. e Planning Commission Minutes September 11, 1985 Page 7 Dacy stated that they are not within the 350 foot radius required by law. She stated that if the Commissioners wanted, staff could notify the President of the Association of the proposal and have the applicant also talk with him. The applicant stated that he would contact Lake Susan Homeowners Association President. Ryan asked if Mr. ward was notified of the proposal, especially in regard to the realignment of Lake Drive East. Dacy stated that he was notified of the proposal as he was on the public hearing list. Barney Schlender stated that they met with three members of the Ward family plus their attorney and the site plan was reviewed then and everything was gone over just as it was presented here. He stated that they were informed that there would be a public hearing and there really was not any comments. Ryan stated that he would like to have staff verify that. He stated that he is trying to avoid having that confrontation occur e in front of the City Council. Ryan also felt that all sewer, water, etc. improvements should be in Lake Drive East before the site is developed. The Commissioners liked the overall plan but felt the realignment might have some impact on the adjacent properties and wanted them aware of it. Conrad moved, seconded by Siegel, to table action on this proposal until staff can schedule a public hearing at the earliest time notifing the Lake Susan Homeowner's and also the land owners who are impacted by Lake Drive East. All voted in favor and the motion carried. e Site plan Review for a Manufacturing/Warehouse Building for Victory Envelope on 14.5 Acres of Property Zoned P-3, planned Community Development and located at the Southwest Corner of Co. Rd. 17 and Hwy. 5, Fortier Associates, applicant. Dacy stated that the applicant is requesting site plan review for a 147,593 square foot warehouse/manufacturing building on a 14.5 acre parcel in the Chanhassen Lakes Business Park. She stated that the P-3 District allows industrial uses which comply with the standards of the P-4 District which allows manufacturing, warehousing and offices as permitted uses. She stated that the site will be served by two driveways off Park Road. She explained that the westerly drive would lead to employee parking e Planning Commission Minutes September 11, 1985 Page 8 e and loading docks. She noted that the easterly drive would lead to the parking for the office area. She stated that these two driveways are not connected but are proposed to be in the future. She stated that staff is recommending that the driveways be con- nected in the first stage of development because it will provide a second point of access and allow traffic to continue through should the parking are be full instead of backing out. She stated that there will be office, warehouse and manufacturing uses in the building. She noted that the building will be 30 feet high however, a portion of the building will be located into the existing slope. She stated that the building meets all of the required setbacks. She noted that the applicant has applied the parking regulations and is providing an extra 26 parking spaces. She noted that the applicant has also designated an area for 50 additional parking spaces which the applicant notes with past experience with manufacturing uses has shown that additional parking over the minimum requires is sometimes needed. She stated that the applicant is providing extensive landscaping throughout the site with several existing natural features such as the grove of trees are being maintained. She noted that staff is recommending that additional deciduous trees be planted around the front parking area or plant coniferous trees to screen the front parking area. She stated that the drainage from the site will be controlled by double ponding basins and noted that the applicant will have to receive watershed district approval for grading and drainage improvements. The applicant stated that there would be a problem meeting the November 15, 1985 deadline of restabilizing the disturbed areas if construction does not start on schedule. He also stated that a revised landscaping plan would be submitted. Noziska moved, seconded by Siegel, to recommend approval of Site plan #85-5 for victory Envelope as depicted on the site plan stamped "Received September 5, 1985" with the following conditions: 1. That the front parking area be connected to the west access drive at the initial construction phase. 2. The landscaping plan be worked out to both staff's and the applicantls satisfaction. 3. Approval by and compliance with all Watershed District and DNR conditions. e 4. The developer is responsible for removal of existing curb in the driveway entrances and construction of new concrete aprons that will facilitate continuous gutter flow along Park Road. 5. All bituminous areas shall be lined with concrete curb. All voted in favor and the motion carried. - e e Planning Commission Minutes September II, 1985 Page 9 APPROVAL OF MINUTES Conrad moved, seconded by Noziska, to approve the August 28, 1985 meeting minutes as written. Conrad and Noziska voted in favor. Ryan, Siegel and Emmings abstained. Motion carried. Zoning Ordinance The Commissioners discussed the proposed schedule of the Zonng Ordinance. Informational hearings were agreed to be conducted on October 16 and October 23 if the regular meeting agenda does not have alot of items. The official public hearing is tentatively scheduled for November 13; however the regularly scheduled meeting could be used. Dacy reminded the Planning Commission that the regular meeting days in November have been changed to November 6 and November 20 because of the holiday conflict. Conrad moved, seconded by Noziska to adjourn the meeting at II:OO p.m. All voted in favor and the motion carried. Barbara Dacy City Planner Prepared by Vicki Churchill September 17, 1985