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1985 02 27 e e e. MINUTES CHANHASSEN PLANNING COMMISSION FEBRUARY 27, 1985 Chairman Ryan called the meeting to order at 7:34 p.m. Members Present James Thompson, Susan Albee, Ladd Conrad, Bill Ryan, and Mike Thompson. Members Absent Tom Merz and Howard Noziska PUBLIC HEARING zoning Ordinance Amendment Request #85-1 to amend the R-la, Agricultural Residence District to allow group homes for 7 or more persons as conditonal uses, Mid-American Baptist, applicant Public Present Darrell E. Nolden Ted Hasse Phil Engh Chuck Gabrielson Joe Elmgren Justine Phillips Roman Roos Harold Hesse 1350 Flying Cloud Drive 630 W. 96th Street Carver County Social Services applicant 1221 Bluff Creek Drive 52 Von Hertzen Ct. 10341 Heidi Lane Dacy explained that Minnesota State Statutes allows a state licensed "residential facility" as a permitted single family use for 6 or fewer persons in single family districts. She stated state statutes provide for homes for 7 to 16 persons as a permitted multi-family use. She explained that group homes are intended for residents who are generally 12-18 years of age with behavioral, emotional and/or family problems that require treat- ment but are not so severe as to prohibit living in an open com- munity. She stated that a group home should be defined in the Zoning Ordinance as a state licensed residential facility where persons reside for purposes of rehabilitation, treatment or spe- cial care or for such persons who may be orphaned, suffer chemi- calor emotional impairment, or suffer social maladjustment or dependency. She stated that the intent of state legislation has been to locate licensed facilities in single family neigh- borhoods; however, because of community apprehension, many programs are siting group homes and other licensed residential facilities in sparsely populated areas to mitigate community con- cerns. She also noted that these types of facilities must be licensed by the Minnesota Department of Human Services, Minnesota Department of Health, and local fire-safety and housing inspec- tors. Planning Commission Minutes February 27, 1985 Page 2 e Chuck Gabrielson, Executive Director and Administrator of Mid-American Baptist, stated that the main reasons the boys are in the facility is for reparenting purposes. He stated that either the parents were unable or unwilling to control the boys and needed more supervision than they were getting in the home. He stated that the ages range from 13 to 17 years old and are usually 16 to 17 years old. Mr. Roos asked how many homes like this were in existence and if the boys had criminal records and the severity of such. Mr. Gabrielson stated that almost all of them had minor juvenile records. He stated that they do not accept kids who are chemically dependent or have psychotic behavior. He stated that these boys can live in the community and would like a rural setting. e Harold Hesse asked how much control there was to keep the kids from walking away from the facility. Mr. Gabrielson stated that in the 3! years he has been at the home on Hwy. 5 and Hwy. 41 he has not had one problem with any of the neighbors and does not see any reason for them to bother the neighbors. He stated that he wanted to be as open and coopera- tive as possible with the neighbors. Albee moved, seconded by J. Thompson to close the public hearing. All voted in favor and the motion carried. The Commissioners were mainly concerned about possibly setting some restrictions for this type of use. They did not want to be too restrictive yet felt that maybe it should be researched further. Conrad moved, seconded by Albee to recommend approval of Zoning Ordinance Amendment Request #85-1 to amend: 1. Section 6.04 (Uses by Conditional Use Permit in the R-la, Agricultural Residence District) for group homes for 7 to 16 persons: and 2. Section 4 (Rules and Definitions) to add the following: Group Home: A state licensed residential facility where per- sons reside for purposes of rehabilitation, treatment or spe- cial care. Such persons may be orphaned, suffer chemical or emotional impairment, or suffer social maladjustment or dependency. e Also, staff should provide a thorough report on what specific conditions should be made for this use prior to issuance of a conditional use permit. All voted in favor and the motion carried. e Planning Commission Minutes February 27, 1985 Page 3 PUBLIC HEARING Conditional Use Permit Request #85-3 to allow a group home for 10 males on property zoned R-la, Agricultural Residence and located at 1350 Flying Cloud Drive, east of the Assumption Seminary, Mid-American Baptist, applicant. Public Present Darrell E. Nolden Ted Hasse Phil Engh Chuck Gabrielson Joe Elmgren Justine Phillips Roman Roos Harold Hesse 1350 Flying Cloud Drive 630 W. 96th Street Carver County Social Services applicant 1221 Bluff Creek Drive 52 Von Hertzen ct. 10341 Heidi Lane e Dacy stated that the applicant is requesting a conditional use permit for a group home with a maximum of 10 boys plus two live- in staff members. The subject property is located immediately east of the Assumption Seminary on the north side of Hwy. 212. She stated that there are five existing structures on the parcel and totals 30 acres. She stated that the applicant intends on utilizing all of the structures, however one unusable and unsafe. She stated that the proposed use at this location should not cause any adverse impacts on adjacent properties. Ted Hasse stated that he is a probation officer and has referred many of his cases to Mr. Gabrielson. He felt that if the conditional use permit was granted, Mr. Gabrielson would improve the site. Justine Phillips stated that she has also worked with Mr. Gabrielson and that he has proved his responsibility and has very positive results. Albee moved, seconded by J. Thompson to close the public hearing. All voted in favor and the motion carried. Conrad asked what kind of activities the residents have. Gabrielson stated that he always encourages summer jobs. He stated that they (residents) really cleaned/fixed-up the home that they are in now; planted grass and replanted an orchard behind the home. He stated that they go on canoe outings, have a membership at the community center, fish, etc. e Albee stated that she was concerned about the condition and capa- city of the septic system for twelve persons. She felt that it should be serviced and pumped on a regular basis. - Planning Commission Minutes February 27, 1985 Page 4 Dacy stated that the Department of Health will be inspecting the septic system. Ryan asked about the building that was noted in the report as unusable and unsafe. He stated that it should be boarded up so that no one could get hurt. Albee moved, seconded by J. Thompson to recommend the City Council approve Conditional Use Permit Request #85-3 for a group home for 10 boys subject to the following conditions: 1. Compliance with the building and fire code as adopted by Ordinance No. 23A for any building. 2. Checking the safety of buildings and the septic system. J. Thompson, Albee, Ryan, and Conrad voted in favor. M. Thompson abstained. PUBLIC HEARING e Final Plan Amendment Request #85-1 to amend final development plan of Waldrip's Second Addition for eight townhouse units to be known as Whitetail Ridge on property zoned P-l, Planned Residential Development and located at the northeast corner of Lake Lucy Road and Galpin Blvd. intersection, Paul Palmer, applicant. Public Present A.W. Partridge Don Kelly Rita Smith Ruth Olson Mary Ryan Paul Palmer 6280 Hummingbird Road 2081 W. 65th Street 6410 Galpin Blvd. 6441 Galpin Blvd. 6730 Galpin Blvd. applicant e Jo Ann Olsen stated that the applicant is proposing eight passive solar townhouses to be constructed on a 2.74 acre parcel. She noted that in August, 1981, the site was proposed as five single family lots but due to the expense of extending sewer and water lines, the extreme slope on some lots and the low area in the southwestern corner, the owner decided it was not feasible to develop these lots. She stated that this area was then designated as Outlot B. She stated that the property is zoned P-l and allows townhouses as permitted uses. She also stated that the site is designated Residential Low Density which allows a density of 1 to 3.4 dwelling units per acre. She added that the density for the eight townhouses would be 2.92 units per acre. She stated that each townhouse has a two car garage and eight additional parking spaces are provided. She stated that the site will be accessed from Galpin Boulevard and recommends that some of the trees and vegetation around this access be cleared for adequate site distance. Planning Commission Minutes February 27, 1985 Page 5 - Olsen noted that the site has a steep southern slope facing Lake Lucy Road and there are two low areas in the southwest and southeast corners. She stated that a pond is being proposed in the southeast corner for drainage and aesthetic purposes. She stated that landscaping is being proposed around the proposed pond and townhouses, and these grounds will be maintained by the homeowners association. She stated that the applicant is also planting additional pine and spruce trees to the north of the property and staff suggests these be at least four feet in height. Olsen stated that the proposed site design clusters the units making the best use of the buildable area. She explained that clustering the units will decrease the need for extensive cutting or filling and provides one access versus several onto Lake Lucy Road which would result from single family development. She also noted that it allows for the effective design of passive solar structures with the southern exposure. e Stated that there he was concerned about the access onto Galpin Boulevard because it is heavily traveled already. He also stated that the density for the area would be much higher if it was calculated for just the buildable area. He also wanted to see the elevation from the south because most of the neighbors would be seeing that side. Ruth Olson stated that she is concerned about the access because it is immediately adjacent to her property on the south. She stated that it is a very dangerous access. She stated that she has lived there for one month and there was one vehicle pulled out of the ditch. She stated that it is currently be used by the rental property and adding eight more units with two cars each unit was alot of traffic the south side of her property. She stated that she would be surrounded on three sides by Galpin Boulevard; an access for eight units, and an access for seven units. She stated four foot evergreens to her were not adequate because the buildings are on a hill. She also stated that she does not like the playground and additional parking area so close to her property. She stated that her main concern is congestion that she will personally witness and the additional access on the east side will be created because of this. Peter Lytle stated that this was a nice looking project and a nice concept but he still feels that he lives in an area that most people bought in because they wanted property and low density and away from the city. He stated that he and the neighbors have nothing against higher density then currently exists but did not feel the townhome project is appropriate for the area. He stated 4It that, some statistics in a two mile radius, there are currently e Planning Commission Minutes February 27, 1985 Page 6 over 148 lots available with sewer in our area; 37 without sewer; 28 houses for sale; and in the larger area are over 100 homes for sale. He stated that many of these properties that are proposed to be built, such as Pheasant Hill, are single family and some of them will fall within the same price range or less. He asked the Commission if we needed a townhome project there with this kind of accessibility for single family homes, is there that par- ticular need? He asked if the rights of the neighborhood over shadowed by the rights of the developer? He stated that the access should be moved because of the hill, cars go into the ditch about once a month and he replaces fences and trees periodically. e Art Partridge stated that he has concerns about the north service area charges. He stated that essentially this property was part of the initial subdivision, he wants to see these townhome units assessed for the lateral assessments and appropriate trunk charges based on what the rest of them are paying in the north service area. Bill Monk, City Engineer, stated that each unit will be assessed accordingly. Conrad moved, seconded by Albee to close the public hearing. All voted in favor and the motion carried. The Commissioners were concerned about the overall project den- sity. Staff advised the commission that the density including the townhomes for Waldrip's 2nd Addition would be 2.19 units/acre. The Commissioners did have concerns about the access onto Galpin Boulevard and would like staff work with the County to see if the situation can be remedied. Albee moved, seconded J. Thompson to recommend the City Council approve Preliminary Plat and Final Plan Amendment *84-3 PUD with the following conditions: 1. That the new evergreens to the north of the property be at least four feet in height when planted. 2. That staff review the traffic situation with the access on ~ Galpin Boulevard. All voted in favor and the motion carried. e e e Planning Commission Minutes February 27, 1985 Page 7 PUBLIC HEARING Conditional Use Permit Reuest #85-2 for a landscaping contractor's yard on property zoned R-la, Agricultural Residence and located on Galpin Blvd. t mile north of Hwy. 5, Dave stockdale, applicant. Public Present Art Partridge Peter Lytle Mary Ryan 6280 Hummingbird Road 6410 Galpin Blvd. 6730 Galpin Blvd. Dacy stated that the applicant is proposing to operate a landscaping contractor's yard and construct a single family resi- dence for himself. She stated that the applicant is proposing a 5,000 sq. ft. building on the site and the applicant intends to use it for an office with a workshop and also storage of six trucks. She noted that there will be no retail use on the site. She stated that the applicant intends to build a two story resi- dence with a three-stall attached garage. She noted that there will be no trailers or trucks parked overnight in the parking area however, there will be storage of landscape gravel and tim- bers in the parking area immediately behind the retaining wall and five foot berm. She explained that the applicant's landscaping plan proposes fourteen 6 foot Colorado Blue Spruce to be planted on top of the five foot berm which is located along the front and south portion of the yard area. She also stated that the applicant is sloping on the south side the berm from west to east in an effort to achieve adequate drainage. She noted that the applicant is proposing a 24 square foot sign within the berm along Galpin Boulevard. She stated that staff has recommended the signage be limited to the requirements of name plate signs such that are found on mailboxes. She sum- marized that the contractor's yard is located on a collector street and can assimilate the traffic generated. She stated that it should not adversely affect surrounding properties. J. Thompson moved, seconded by Ryan, to close the public hearing. All voted in favor and the motion carried. Conrad moved, seconded by J. Thompson to recommend approval of Conditional Use Permit Request #85-2 for landscaping contractor's yard activities and a single family residence subject to the following conditions: 1. The recommendations of the City Engineer as stated in his memo of February 22, 1985. 2. Installation of additional evergreens measuring at least four feet in height along the south property line to adequately screen the parking area. e e . Planning Commission Minutes February 27, 1985 Page 8 3. Signage to the proposed site shall not exceed two square feet as required by the Sign Ordinance. 4. Vacation of the 60 foot easement on the south side of the property. J. Thompson, Albee, Ryan, and Conrad voted in favor. M. Thompson abstained. The motion carried. Sketch Plan R€!view #85-2 for a single family residential planned residential development for the Schroeder property located east of and adjacent to Kerber Blvd., Laukka and Associates, applicant. Dacy stated that the applicant is proposing 95 single family lots with an average lot size of 8,700 square feet. She stated that the smaller lots are located along the northern boundary and along the slope which runs north-south through the middle of the property. She stated that the larger lots will be located along Kerber Boulevard. She stated that the applicant is also requesting consideration of reduced setbacks of a 25 foot front yard and a 5 foot setback for the garage side and 10 feet on the remaining sidE!. She stated that the applicant intends to, through restrictive covenants, control the architectural exterior, roof pitches and location of buildings on the lots. She noted that as indicated in the City Engineer's memo, staff is concerned about the proposed street and grading along the slope that runs through the middle of the property and when more information is provided the layout in this area can be better evaluted. She noted that the gross development density indicates 3.2 units per acre which is within the recommended classification stated in the Comprehensive Plan for Residential-Low Density. She also stated that the applicant has indicated reservation of open space and staff recommends the open space area to the east for a retention basis to accon~odate runoff from the proposed development and accommodate the flow from the creek. Representativ€!s from BRW presented the Schroeder sketch plan. The Planning Commission was favorable towards the attention paid to the landscaping of the site and attention to site details. The Commission did not approve of the high density and the small lot sizes. They felt that too many lots were proposed and that it was reaching too far into the wetland. It was stated that a PUD is supposed to rerun something to the city such as open space and that this sketch plan proposes the wetland as open space but nothing within the development. The Planning Commission sugrgested that the applicant reduce the total number of lots, decrease the number of small lots, and add some open space within the development. The Commission also stated that if this sketch plan was submitted as a preliminary plat it would not be approved and suggested they come up with a new, less intense design. Planning Commission Minutes February 27, 1985 Page 9 e Sketch Plan Review #85-1 for a single family residential planned residential development to be known as Hidden Valley on property located west of Chanhassen Estates, southeast of the Hwy. 101 and Hwy. 5 intersection, New American Homes, applicant. e Dacy stated that the proposed development is intending to construct affordable housing units for first time home buyers. She stated that the applicant is proposing 132 single family detached units and 90 single family attached units. She stated that the DNR is now reviewing the plan. She stated that DNR has established Shoreland Management Guidelines for cluster and planned unit developments which dictate a formula for tiers of development density within the shoreland district. She stated they also require that the PUD be approved by the Commissioner of Natural Resources before municipal approval. She stated that the applicant is attempting to match the lot sizes along Chanhassen Estates border; however the lots are 2,600 sq. ft. less than those in Chanhassen Estates. She stated that the applicant is utilizing the existing creek not only for drainage purposes but also for open space. She noted that the gross development den- sity in the single family detached area is approximately 2.8 units per acre which is within the recommended density. The den- sity of the single family attached portion is 8.1 units per acre which complies with the recommended density for high density residential development. She stated that if lot sizes are reduced beyond what has been approved in other developments, more attention must be paid to details of the development such as variation of housing styles, street and individual lot landscaping, availability of garages and unenclosed parking areas to adequately accommodate parking, setbacks and relationship of one home to another, and restrictive convenants for architectural control, storage of recreational vehicles and other miscellaneous items. The Commission stated that they appreciated that the design was trying to make the best use of the site characteristics but did not agree on the size of lots. The Commission felt that the density was too high. They also felt that the street design was monotonous and should be varied. APPROVAL OF MINUTES J. Thompson moved, seconded by Albee to approve the February 13, 1985 minutes as written. All voted in favor and the motion carried. Meeting adjourned at 11:50 p.m. e