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1985 08 14 e PLANNING COMMISSION MINUTES REGULAR MEETING AUGUST 14, 1985 Chairman Ryan called the meeting to order at 7:00 p.m. MEMBERS PRESENT Jim Thompson, Bill Ryan, Ladd Conrad, and Mike Thompson. Howard Noziska arrived late. MEMBERS ABSENT Tom Merz STAFF PRESENT Barbara Dacy, City Planner, Jo Ann Olsen, Asst. City Planner and Vicki Churchill, Secretary. INTERVIEW OF COMMISSION CANDIDATES e The Planning Commission interviewed five candidates for the vacancy opened from the resignation of Susan Albee. They included Steven Emmings, James Wildermuth, Ryan Byrd, Robert Siegel and Robert Dols. The Commissioners recommended Robert Dols and Robert Siegel as their first and second choice respec- tively. Howard Noziska arrived at this time. PUBLIC HEARING Conditional Use Permit for a Boathouse on Property Zoned R-l, Single Family Residence and Located at 469 Pleasant View Road, Todd Adams, applicant Public Present William Y. Sawyer (Representing the applicant) e Olsen stated that the Planning Commission reviewed and recom- mended approval of this conditional use permit for a boathouse at on May 8, 1985. She noted that on May 20, 1985, the City Council also approved the conditional use permit. She explained that a neighbor of Mr. Adams contacted staff in mid-July to question whether Mr. Adams had permission to construct the boathouse and stated that she knew nothing about it. She stated that after checking the file, staff found that the notice of public hearing was not mailed to the surrounding property owners. Olsen stated that the City Attorney advised staff to hold another public hearing and that the applicant should stop construction on the boathouse. She noted that at the time Mr. Adams was notified, the boathouse was almost completed with just some landscaping left. e Planning Commission Minutes August 14, 1985 Page 2 She stated that the boathouse is well screened from all sides and matches the construction of the home. She noted that staff is again recommending approval based on the attached report. She stated that staff apologizes for this inconvenience to the appli- cant, surrounding property owners, Planning Commission and City Council. There were no neighbors present at the meeting. Noziska moved, seconded by M. Thompson, to waive the reading of the staff report. All voted in favor and the motion carried. M. Thompson moved, seconded by Noziska, to close the public hearing. All voted in favor and the motion carried. M. Thompson moved, seconded by J. Thompson, to reaffirm their original action for approval of the conditional use permit. All voted in favor and the motion carried. PUBLIC HEARING e Conditional Use Permit for a 12' x 30' Addition to the Existing Taco Shop Restaurant on Property Zoned CBD, Central Business District and Located at the Southwest Corner of W. 78th Street and Hwy. 5, Guy Peterson, applicant Public Present Janet Coey Representing the applicant e Olsen stated that the applicant is proposing a 12' x 30' addition onto the west side of the restaurant. She stated that the addi- tion includes a drive-thru window on the northwest corner and since it is an intensification of use, it requires a conditional use permit. She stated that the addition will increase the seating capacity from 35 to 46. She stated that there are 33 parking spaces now existing and by implementing the fast food restaurant regulations, 54 spaces would be required. She stated that the existing 33 parking spaces do not appear to be used at this time to their full capacity and there is no room for expansion the parking area without causing a confusing traffic circulation pattern. She stated that since the addition will mostly result in drive-thru traffic, staff feels the 33 parking spaces will be adequate. She also stated that the site plan shows 16 feet between the picnic area and parking stalls and after measuring the distance on site, found that there is a 20 foot separation. She noted that this will allow adequate width for the drive-thru traffic and people backing out of the parking stalls. She also wanted the Commissioners aware that this site is included in the downtown redevelopment plan. She stated that e Planning Commission Minutes August 14, 1985 Page 3 the Land Use Plan designates it as Parks and Open Space and the Zoning Ordinance designates it as Central Business District. She stated that the applicant understands that should a redevelopment plan be adopted, he may be asked to relocate his business. Conrad moved, seconded by Noziska, to close the public hearing. M. Thompson asked who was notified on this public hearing. Dacy stated that the owners of property within 350 feet. She stated that there were eleven different owners. Ryan asked who owned most of the property. Olsen stated that Apple Valley Red-E-Mix and McDonalds. There were six residential neighbors notified. All voted in favor and the motion carried. Noziska asked about the parks and open space designation. e Dacy explained that this was probably designated as parks and open space because it is a major entry point into the community and maybe during the comprehensive planning process, two or three years ago, it was labeled as that. Conrad was concerned about the industry standards. He felt that staff was right about the applicant having plenty of parking but when there is a drive-in window, it is fast food. He felt that by slipping the standard parking requirements, there might not be enough parking in the future. He was also concerned that if the city wants to buy the parcel because of the downtown redevelop- ment plan or condemn it, we would basically be buying the equity improvement. Dacy stated as far as parking is concerned, she stated that staff evaluated the restaurant, without the addition, as a fast food restaurant. She stated that there are two standards to go by because it does act a sit down but also as a quick stop use. She stated that with the addition of the drive-thru, it would be adding traffic but that traffic would be going thru the site and out. She stated that staff looked at various options of rede- signing or adding parking spaces and one potential area was near the entrance. She stated that it would create more confusion at the entry to the property where traffic is coming in and exiting. She also noted that at this point the city has no plans for that site, but it is a possibility. e Conrad stated that he does not have a problem with the current use, but felt that there might be a problem for the future. Planning Commission Minutes August 14, 1985 e P~e4 Ryan stated that a condition could be placed to stipulate that should the parking be filled, they could either enlarge the parking area or they lose their conditional use permit. M. Thompson felt that the parking would not be a problem. Ryan asked if the applicant was advised that the industrial areas around them have a time limit on their conditional use permits. Coey stated that they were aware of that and it is no problem. Ryan asked about landscaping on the site. Dacy stated that the city's position is that they would not want to require a developer to make a lot of investment into landscaping and then ask the applicant to relocate in the near future. e J. Thompson moved, seconded by M. Thompson to recommend approval of Conditional Use Permit #85-7 for a 12' x 30' addition to the existing restaurant based on the site plan stamped "Received August 1, 1985" and subject to the following conditions: 1. That a 20 foot separation be maintained between the picnic area and parking stalls. 2. The Conditional Use Permit be reviewed if parking capacity is inadequate to handle present traffic or if internal congestion poses significant safety hazards. All voted in favor and the motion carried. PUBLIC HEARING Request to Rezone 3 Acres of R-l, Single Family Residence Property to P-l, Planned Residential Development and Preliminary Plat Approval to Subdivide 3 Acres into 6 Single Family Detached Lots on Property Zoned R-l, Single Family Residence and Located just North of the Fox Hollow Development, Dawn Hulett, applicant. Public Present e Bill & Dawn Hulet James E. Nichols Arnie & Marie Schroeder Carl & Margaret McNutt Mark Vanecek 6450 pleasant View Circle 6451 Pleasant View Circle 6430 Pleasant View Circle 185 pleasant View Road 195 pleasant View Road e Planning Commission Minutes August 14, 1985 Page 5 e Olsen stated that when the Fox Hollow final plat was approved, one of the conditions of approval was that Fox Hollow would dedi- cate a right-of-way for access to the 3 acre parcel directly to the north at the northwest corner of the development. She stated that this condition was a result of the concerns of the property owner to the north, which is the applicant, whose property would become landlocked. She stated that the Hulett's intended on developing their parcel in the future and needed an access to it. She stated that the developer agreed to provide a 50 foot right- of-way in what was dedicated as Outlot B and the location of this right-of-way left enough area in Outlot B for one lot to the west of it and two lots to the east. She stated that the applicants are proposing to subdivide the 3 acres into 6 single family detached lots. She stated that five of the lots would be served by extending a cul-de-sac from Fox Hollow Drive. She explained that because the proposed subdivision is essentially an extension of the Fox Hollow PUD, the applicant is applying to rezone the property from R-l to p-l. She stated that Lot 6 contains the applicant's existing residence and will continue to be served by a private drive from Pleasant View Road. She noted that because access to the proposed area must be achieved by traveling through the Fox Hollow development, there is not a distinct separation between subdivisions and for this reason Lots 1-5 would be best zoned as P-l to match the Fox Hollow zoning designation. She stated that the average lot size is 15,000 square feet and there is adequate buildable area on the lots to meet the standard required setbacks. Dawn Hulett stated that the Commissioners received a letter from Rick Murray and felt that he misunderstands what the request is. She stated that if the Commissioners have any questions she would be glad to answer them. Mark Vanecek wanted to make sure that there was proper drainage on the north side of the plat because of an existing swamp area. Dacy stated that the contours of the lots are such that the drainage will go down the street and to the west to city park property. She stated that there would be no storm sewer improve- ments within the cul-de-sac. She stated that the applicant's engineer is present if the Commissioners had more detailed questions. e A member from the public stated that they have the same concern as far as the water draining onto their property because it is a low area and there is a water problem there now. She stated that they spoke with the applicant's engineer and he stated they would lower the elevation of the cul-de-sac another two feet. Planning Commission Minutes August 14, 1985 e P~e6 Mark Gronberg, the applicant's engineer, stated that they have a concern about the low spot between Lots 2 and 3 and he does not see a problem with lowering the cul-de-sac another two feet to allow it to drain out onto the cul-de-sac. Noziska moved, seconded by Ryan to close the public hearing. All voted in favor and the motion carried. Noziska moved, seconded by M. Thompson to recommend approval of Subdivision request #85-13 and Rezoning request #85-3 based on the plat stamped "Received July 25, 1985" and subject to the following conditions: 1. That the rezoning should not occur until the final plat has been recorded and installation of public improvements have been initiated. 2. Compliance with the City's Engineer's recommendation con- tained in this memorandum dated August 9, 1985. e 3. That the City Engineer review drainage conditions to include storm sewer location and quantity of water through swale. J. Thompson, Ryan, and M. Thompson voted in favor. Conrad abstained. Motion carried. PUBLIC HEARING zoning Ordinance Amendment To Section 17.02 of the p-4 District to Include Off-Premise Parking as a Permitted Use, Opus Corporation, applicant Site Plan Review for an Off-Premise Parking Lot on property Zoned P-4, Planned Industrial Development and Located in the Chanhassen Lakes Business Park Across from the Chanhassen Lakes Business Center, Opus Corporation, applicant Public Present Michelle Foster Opus Corporation e Olsen stated that the applicant is requesting a Zoning Ordinance amendment to include off-premise parking as a permitted use in the P-4 District. She noted that the current ordinance requires a certain number of parking spaces to be provided on site, but does not regulate additional off-premise parking. She stated that the applicant, Opus Corporation, recently replatted several lots in the northwest corner of the Chanhassen Lakes Business Park. She explained that the reason for such action was poor r Planning Commission Minutes August 14, 1985 e Page 7 soil conditions which were preventing development of the lots. She stated that the replatting resulted in the consolidation of Lots 2 and 3 into Lot 1, Block 2. She stated that this lot is directly across from the Chanhassen Lakes Business Center. She noted that initially Opus thought that the major use of the building would be used as a warehouse. She stated that as it was rented, the occupants used the building as office space and assembly which resulted in an increase in demand for parking. She stated that in 1984 the parking area was expanded by 65 spaces for a total of 152 parking spaces. She stated that the P-4 District requires all development to go through the site plan process which allows the Planning Commission and City Council to review each proposal for off-premise parking. She stated that each off-premise parking area will be required to meet standard regulations and they will not be used in place of required on- site parking. She also noted that it is not uncommon for busi- nesses or restaurants to use sites which are not adjacent to their property for additional parking. Noziska moved, seconded by M. Thompson to close the public hearing. All voted in favor and the motion carried. e Noziska moved, seconded by M. Thompson to recommend approval of Zoning Ordinance Amendment #85-2 to Section 17.02 of the P-4 District as follows: 5. Off-premise parking. All voted in favor and the motion carried. J. Thompson moved, seconded by M. Thompson to recommend approval of Site plan #85-2 with the following conditions: 1. That additional landscaping be planted along the easterly side of the parking area. 2. That the whole berm be covered with sod. 3. That the applicant submit a lighting plan. 4. That the westerly access not be constructed until Park Place cul-de-sac is in place. 5. That the applicant comply with the City Engineer's recommen- dations. e All voted in favor and the motion carried. Planning Commission Minutes August 14, 1985 e Page 8 APPROVAL OF MINUTES M. Thompson moved, seconded by Ryan to approve the July 24, 1985 minutes. All voted in favor and the motion carried. Noziska abstained. Meeting adjourned at 10:00 p.m. Barbara Dacy, City Planner Prepared by Vicki Churchill August 16, 1985 e e