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1986 04 09 . . e PLANNING COMMISSION MINUTES REGULAR MEETING APRIL 9, 1986 Chairman Ryan called the meeting to order at 7:35 p.m. MEMBERS PRESENT Steven Emmings, Howard Noziska, Bill Ryan and Tim Erhart. MEMBERS ABSENT Robert Siegel, Ladd Conrad and Mike Thompson STAFF PRESENT Jo Ann Olsen, Asst. City Planner; Bill Monk, City Engineer; and Maxine Brown, Secretary. PUB LIC HEARING Preliminary Plat Request to Subdivide Two Acres into Two Lots of 36,700 and 52,050 Square Feet on Property Zoned R-l and Located at 790 Pleasant View Road, Gordon Schwartz. Public Present Mr. & Mrs. Gordon Schwartz Applicants Olsen stated that the lot is located at 790 Pleasant View Road and abuts Christmas Lake which is a recreational development lake. The applicant is proposing to subdivide two acres into a 36,700 square foot lot and a 52,050 square foot lot. The area is zoned R-l, which is single family residential. Olsen further stated that since the property abuts Christmas Lake, each lot is required to have at least 20,000 square feet, a 75 foot width at the lakeshore and at least 90 feet of street frontage. The pro- posed request meets all three ordinance requirements. Olsen said that staff is recommending approval of the proposed sub- division with the condition that the garage that will be located- on the new lot be removed. Kathy Schwartz requested that removing the garage not be a con- dition of approval. She felt that it was obvious that the garage would be removed when a new home was constructed as the home site is very close to the existing garage. She would like the garage to remain so that construction materials could be stored in it while the home was being built. Olsen stated that the condition could be amended so that the garage would be removed within a certain timeframe after the lot has been platted or sold. However, staff prefers that it be removed prior to the sale. She stated that the garage would be a principle use of the new lot which is not allowed by the Zoning Ordinance. . PLANNING COMMISSION MINUTES APRIL 9, 1986 PAGE 2 Ryan asked if the applicant was going to move the garage to the lot with the existing home. Schwartz stated that it would either be moved or torn down. Noziska moved, seconded by Emmings to close the Public Hearing. All voted in favor and the motion carried. Noziska asked what type of problem would be created by leaving the garage on the lot and making it a condition of the sale. Olsen stated that it would be preferable to have it removed because a garage is an accessory structure and is not allowed as a principle use by City ordinance. Monk suggested that the condition state that the garage be removed prior to the issuance of a building permit for the second structure. Erhart asked if it is permitted for someone to buy the lot and build a house with a detached garage and use the existing garage. e Olsen stated that the existing garage is within the 10 foot set- back and could possibly remain there. She stated that it could be a problem if the lot was not sold for a long time or, if it was sold and a home was not built for a long time. Ryan asked if there is any concern, from an engineering stand- point, with another driveway coming in on a curve. Monk stated that it is a bad corner, but that in this particular location there is fairly good sight distance in both directions. Noziska moved, seconded by Erhart that the Planning Commission recommends the City Council approve the Preliminary Plat request #86-7 as shown on the plat stamped "Received March 19, 1986" without staff's condition. All voted in favor and the motion carried. PUBLIC HEARING Request to Rezone 17 Acres of property Zoned R-la to C-3, Commercial Service on property Located South of West 78th Street, North of Highway 5 and East of Powers Blvd., B.C. Burdick. Public Present: B.C. Burdick William F. Kelly Applicant Attorney for Applicant -- Olsen explained that the applicant is proposing to rezone 17 acres of land from R-la, Agricultural Residence District to C-3, . PLANNING COMMISSION MINUTES APRIL 9, 1986 PAGE 3 Commercial Services. The site is bordered by Highway 5 to the south, Powers Blvd. to the west, West 78th Street to the north, and a commercial/industrial site to the east. She stated that the site is designated as commercial on the adopted Land Use Plan and that Mr. Burdick's request was con- sistent with the intent of the Comprehensive Plan. The applicant is proposing gasoline sales, grocery and dairy products store or an off-sale liquor store as possible uses for the western portion of the property; and a supermarket, motel, restaurant, retail tire store or retail auto dealer as possible uses for the central and eastern portion of the property. The C-3 District permits all of the above uses either as permitted or conditional uses. Olsen further stated that the C-3 District is designed to provide a wide range of services and goods which might not otherwise be compatible with uses permitted in retail business districts. She further stated that staff is recommending approval of the request. Noziska moved, seconded by Emmings to close the public hearing. All voted in favor and the motion carried. Ryan asked if this proposal was consistent with the proposed zoning ordinance. Olsen stated yes and that the C-3 district was tit slightly less restrictive than the B-4 District. Emmings moved, seconded by Noziska that the Planning Commission recommends that the City Council approve Rezoning Request #86-2 to rezone 17 acres of property from R-la, Agricultural Residence to C-3, Commercial Services District. All voted in favor and the motion carried. Request to Subdivide 17 Acres into Three Lots of 3 Acres, 2.7 Acres and 11.2 Acres, B.C. Burdick, Applicant. Olsen stated that this request is on the same site as the pre- vious rezoning request. The applicant is proposing to subdivide 17 acres into three lots of 3 acres, 2.7 acres and 11.2 acres. She stated that MnDOT is proposing to widen Highway 5 which will reduce the usable area of the site, but still allows adequate area for each of the proposed lots. e Olsen explained that sanitary sewer is available to the property, but that a long extension from the south will be required. There are two gravity sewer alternatives available to the site and the applicant will have to submit a final plan denoting which alter- native will be used. Water is available to the site from the north side of West 78th Street. The site receives drainage from West 78th Street and then continues under Highway 5 towards Lake Susan. Olsen further stated that street access will be gained from West 78th Street. In order to minimize accesses onto West 78th PLANNING COMMISSION MINUTES APRIL 9, 1986 PAGE 4 e Street, staff is recommending that Lots 1 and 2 share a driveway and that Lot 3 have one access to West 78th Street and possibly connect to picha Drive. Olsen also stated that the City is studying a realignment of West 78th street to the north to allow more stacking at the intersec- tion of Powers Blvd. and Highway 5. If this relocation is approved, it could take away street frontage from the Burdick property and driveway easements would be necessary to the new West 78th Street. Staff has asked Fred Hoisington to review the intersection and develop several alternatives. Noziska asked Monk why he recommended two lots share one driveway access. Monk stated that the reason was to pull the driveway back away from County 17. Monk does not feel it would be safe to allow an access into Lot 1 at that location and that a combined access should be moved further east. e Ryan asked Monk what Carver County's plans were for this intersection. Monk stated that the County is very concerned about controlling accesses onto County Road 17, but their posi- tion with County Road 16 is that it is more of a local collector street. They have not taken a further position on County Road 16 as long as we maintain a safe distance between driveways. Ryan asked what procedure is used in re-routing a County Highway. Monk stated that this item will require a lot of work with the developer to the north. After reviewing the preliminary plan, staff still believes that the Burdick site can be serviced quite easily even if that road is realigned. He further stated that we have not yet looked at all the details to determine what type of city/county items will be involved. Erhart questioned if driveway placement was part of the final site plan. Monk stated yes and that the Commission may want to hold their final conditions until the site plan comes before the Commission. Ryan questioned the two sewer alignment alternatives. Monk stated that he felt Route A was the best route as it services all the property in this area (Brose, Burdick and Dunn and Curry properties). Route B would service only the Brose and Burdick pieces and only a small portion of the Dunn and Curry property due to elevation problems. Resolution of this item would have to occur before approval of the final plat. Ryan asked if the Burdick and Brose parcels would share in the cost of Route Band Monk stated yes. Monk stated that the project would cost between $200,000 and $300,000. e William Kelly, attorney for the applicant stated that his client would be able to comply with the recommendations of staff con- cerning the sanitary sewer item and that they do not anticipate - PLANNING COMMISSION MINUTES APRIL 9, 1986 PAGE 5 any difficulty in working out the location of the line. However, Mr. Burdick feels that only allowing one combined access for two lots would not be feasible from both a practical standpoint as well as a legal standpoint of allowing two fee owners only one access. The applicant felt that additional study should occur on the access issue before the combined access condition is approved as a part of the request. Noziska asked the applicant if he has had an opportunity to review the road realignment. Kelly stated that it would be premature to comment on that issue at this point as the City is not sure where the alignment will go at this time. Ryan gave a brief history of why the City is looking to realign West 78th Street. He stated that the Dunn and Curry property will be zoned to a general business use with the adoption of the new zoning ordinance and that the City does not want access off of Highway 5. A road would be constructed, hopefully from Lake Ann Park through the business district to County Road 17, serving as a frontage road for the businesses in that area and also to gain access to Lake Ann Park without going onto Highway 5. The frontage road must connect with County Road 17 somewhere and will probably be further back from where West 78th Street intersects now. West 78th Street would then continue on across County Road __ 17 that becomes a frontage road that goes out to Lake Ann Park. Noziska moved, seconded Emmings that the public hearing be closed. All voted in favor and the motion carried. Noziska stated that he agreed with the applicant that further study of the road realignment was necessary and that this was not the time to set restrictions on the proposal. He also agreed that the sanitary sewer line should be finalized before final plat approval. Erhart agreed with Noziska's comments. Emmings moved, seconded by Noziska that the Planning Commission recommend that the City Council approve Subdivision No. 86-6 as shown on the preliminary plat stamped "Received March 17, 1986" with the condition that sanitary sewer plans be submitted and approved prior to final plat approval. All voted in favor and the motion carried. Ryan asked Monk if we satisfied all public notice requirements. Monk stated that the Commission was setting up an additional pro- cedure as a condition of approval. He said that an improvement hearing would have to be held and all affected property owners notified. ~ The commissioners felt that the access issues were not necessary at this time and could wait until the site plan review process. ....... e e - PLANNING COMMISSION MINUTES April 9, 1986 Page 6 Sketch Plan Review to develop a planned residential development of 126 single family units on 70 acres of property zoned R-la and located east of Kerber Boulevard, approximately t mile north of West 78th Street, Enterprise properties Olsen stated that the applicant is proposing 126 single family lots on 70 acres of property which is zoned R-la, Agricultural Residence. She stated that the land is designated as residential low density and parks and open space in the Land Use Plan. She noted that the site is located just south of the recently approved Chaparral 4th Addition P.U.D. and west of an existing residential development. She stated that the site has two Class A wetlands and steep topography along the northern edge of the property and around the large wetland. Olsen stated that the lot sizes range from 11,700 to 59,500 square feet with a median of 13,850 square feet. She stated that the average lot size is 16,368 square feet. She also stated that the development is split into two areas by the large pond (wetland). Olsen stated that the southerly section has 35 single family lots and connects the subdivision to the east with Kerber Boulevard. She stated that the lots are arranged around three cul-de-sacs and along Santa Vera. She stated that several of the lots are located along a steep ridge line around the wetland area. Olsen stated that the northerly section has 91 single family lots and are arranged around three streets and four cul-de-sacs. She stated that several of the lots are located along the steep slo- pes around the large wetland and the creek to the north. She stated that Lots 5 through 12, Block 6 are double frontage lots. and noted that staff is recommending that the applicant submit a landscaping plan in conjunction with the preliminary plat to show plantings and berming where needed on these lots. Olsen noted that some of the proposed lots are triangular in shape and are difficult to regulate for setbacks and often required variances. She stated that the City does not prohibit triangular lots, but staff would prefer that they be replaced with standard four sided lots. Olsen stated to help preserve slope areas and vegetation, the applicant is proposing a 25 foot front yard setback rather than the standard 30 feet. Staff agrees that a 25 foot front yard setback would be beneficial to this site and recommends approval of this request. Olsen stated that the gross density of the proposal is 1.84 units per acre and is within the the guidelines of the ordinance. She noted that the net density is 3.0 units/acre. e e e PLANNING COMMISSION MINUTES April 9, 1986 Page 7 Olsen stated that the proposed street alignment extends Santa Vera (shown as Saratoga on the plat) and Frontier Trail to Kerber Boulevard. She stated that although these extensions are not favorable to the established neighborhoods to the east, the City had planned on these areas being connected to Kerber Boulevard. She stated that the impact of these extensions on the existing neighborhoods can be minimized through the use of stop signs and enforcing speed limits. She noted that the majority of traffic using Santa Vera and Frontier Trail will be coming from the east to Kerber Boulevard. She stated that the internal street system works with the site and limits the number of accesses onto Kerber Boulevard to three. Olsen noted that sanitary sewer is available to the site from a connection to existing laterals and trunks. She stated that details on sewer connections and the required easement will be submitted during the preliminary plat review. She stated that water will be extended from the north along Kerber Boulevard to service the northern parcel and from Santa Vera to service the southern parcel. Olsen stated that the conditions of the site include steep slopes along the creek to the north and around the large pond area. She noted that these are sensitive areas and the proposal should minimize any alteration of the slopes and vegetation. She noted that Lots 5 and 6, Block 10, at the north end of the Sierra Lane cul-de-sac will require extensive grading and removal of vegeta- tion and such grading will impact the creek to the north. Staff is recommending that the Sierra Lane cul-de-sac be shortened to allow for a more level building site and the retention of existing vegetation. She noted that Lots 12 and 13, Block 4, will also require extensive grading and the slope in that area is already showing physical evidence of erosion. Staff is recom- mending that Santa Vera (shown as Saratoga) be shifted to the south to move the building sites from the slope area. Olsen stated that currently runoff from the site flows into the large pond area, the small wetland and the creek to the north. She stated that the proposed development will use these same areas for drainage. She stated that final drainage plans for both the creek and pond area must receive city and watershed district approval and these plans must include means of controlling direct runoff into the pond and creek with sedimen- tation control and stabilization of the creekbed and pond where the drainage enters. The Park and Recreation Commmission reviewed this proposal on April 1, 1986. She stated that the Park and Recreation Commission is considering a trail around the pond and trailways through the PLANNING COMMISSION MINUTES April 9, 1986 _ Page 8 development to access the pond and park area. She stated that the Park and Recreation Commission will be visiting the site before giving their final recommendation. She stated that the applicant is proposing to maintain open space along the 950 foot elevation around the pond and also is proposing several outlots to be used as connections to the pond and surrounding areas. She stated that Outlot A will connect the development with Chanhassen Elementary and Outlot B will connect the southerly portion with the pond. She noted that an outlot off of Teton Trail will connect the northerly portion with the pond and Outlot C will connect the development with the creek area. Olsen stated that there are two Class A wetlands located on the site and the pond area is a Class A protected wetlands protected by DNR. She stated that the smaller wetland is approximately one acre in size and is not protected by DNR. - Olsen stated that the Wetland Ordinance requires a wetland alteration permit for any development in or within 200 feet of a Class A wetland. She stated that the applicant must therefore receive such a permit from the city. She stated that the appli- cant must submit details concerning the amount of runoff and sedimentation which will be entering the wetlands and how it will be controlled. She noted that the data will be part of the final drainage plans. Olsen noted that the applicant is required to prepare an environ- mental assessment worksheet because single family developments in excess of 100 units must be reviewed by the Environmental Quality Board prior to approval by the local community. Olsen stated that the proposal, under current regulations, requires review as a planned residential development since it contains more than 25 single family lots. She noted that ideally, the PUD concept promotes the clustering of residences to preserve the existing features which need to be preserved such as the two wetland areas, the creek and the slope areas. Olsen stated that the Sketch Plan Review process is an oppor- tunity for the Planning Commission and City Council to identify concerns that should be addressed before making application for the preliminary plat. Concerns regarding density, lot size, traffic, land use and design should be conveyed to the developer. Staff's initial recommendations are as follows: 1. Submit a landscape plan for the double frontage lots along Kerber Boulevard. e PLANNING COMMISSION MINUTES April 9, 1986 Page 9 e 2. Rearrange proposed triangular lots into a more standard four sided lot. 3. Shorten Sierra Lane cul-de-sac. 4. Realign Santa Vera to the south. 5. The applicant should work with the developer to the north on overall drainage plans for the creek. 6. Shorten Teton Trail. 7. Rearrange Lots 10 and 11, Block 8 to allow for the 75 foot setback from the wetland. 8. Submit a revised Environmental Assessment Worksheet. e Bill Monk stated that sanitary sewer trunk exists along the creek on the north edge of the property and extensions will service the northern half of the property. He stated sanitary sewer exists in Saratoga and it does have to be extended across one lot, but that extension will service the southern portion of the site. He stated that watermain exists at the northwest corner of site and is proposing that the trunk be extended as part of the project to finalize the loop down to Sierra and Frontier Trail and that the City handle that through the development contract stage and work with the developer to reduce trunk fees. He stated that the city is interested in eventually having that trunk extend down to West 78th Street. Greg Frank, from McCombs Knutson and Associates, the Planners and Engineers of the project, stated that he is available to answer questions. He stated that the developers have on three occasions met with homeowners in the area on this project. He stated that as a result of those meetings with the neighbors and with staff, he felt the plans have been improved from the original plan they had proposed. He stated that their project is very closely related to the Chaparral 4th Addition which is adjacent to their project. He stated that they recognized the slopes and existing trees and in trying to preserve them, have come up with the proposed layout. Jay Johnson, Saratoga Drive, stated that their concerns in the petition was based on the preliminary plat before the small wetlands was discovered and the applicant changed their plan. He stated that Saratoga Drive has a problem with drainage with water running down the street and freezing and some lots flooding. He stated that the developer should develop a swale or catch basin to help minimize the impact on Saratoga. He wanted to make sure that e the homes in the development drain toward the street instead of e e e PLANNING COMMISSION MINUTES April 9, 1986 Page 10 toward their neighborhood. He stated that there is a swale in the developers drainage plan that currently goes up hill and into the school property. He feels that it needs to be looked at again. He stated that he walked by the area and there is an existing swale. He stated that in order for the developer put in the swale as proposed, they will have to go across private property or somehow cut through the school. He felt that more traffic would be using their streets as cut throughs instead of going down West 78th Street and up to Kerber or County Road 17. He asked the city to put up a dead end sign to help traffic safety. He also asked that a four way stop sign be placed at Cascade Trail and Santa Vera and the realignment of Santa Vera as the City Engineer is proposing would make the curve sharper and slow down traffic. He wanted to be assured that they would not have construction traffic going down their street. He stated that they do not want construction workers parking on Santa Vera and suggested they place a parking area next to Kerber Boulevard for them. He stated that the developer has stated in the EAW that there will be air pollution, dust and noise controls and asked the City to enforce these. He stated that their neighborhood is concerned with the trend of smaller lots and the triangular lots and the appearance of the homes on the lot. He stated that the developer should pro- vide some justification on the smaller size lots. He feels that 20 feet is not enough room to have a walkway and still screen the people from the wildlife habitat in the ponding area. He stated that they fully support the Park and Recreation Commission's recommendation for more park area. He stated that they are con- cerned about the sedimentation turning the pond into cattails and mud. Jack Prill stated that his primary concern is the integrity of the neighborhood, primarily lot sizes and property values and the image the proposed subdivision is projecting for the community. He stated that they have also submitted a petition with 70 signa- tures. He stated that they would like the subdivision to resemble their neighborhood. He stated that the neighborhood feels the minimum lot size should be 15,000 square feet. He stated that they would like to see the homes similar in value to their neighborhood. Rick Friedlander stated that he is representing people in Sunrise Hills. He stated that the traffic is a real concern to them. He stated that they moved to a deadend street to avoid traffic. He stated that a straight through street is inviting people to just drive on through and look at the lake and so on. He stated that people touring through is one thing but people hurrying through is another. He stated that the developer has been very good in working with the neighbors especially for offering the double cul-de-sacs. He suggested putting back to back cul-de-sacs with some green area in between. He stated emergency vehicles could PLANNING COMMISSION MINUTES April 9, 1986 Page 11 e get through there if they had to however, it would be an effec- tive barrier to the casual traffic. He had pictures of the street with the sharp curve and had concerns of people who did not know the area. He urged that the Commission recommend leaving Frontier Trail a deadend street. Don King stated that every year they have a swimming pool and river that flows by from the swamp area. He stated that he is concerned about the marsh area. He stated that there is going to be considerably more drainage running into the marsh. He stated that his sump pump runs continuously now at this time of the year. He feels the increased drainage will compound the problem that now exists. He stated that there is drainage now going in between his lot and the one next door and at such an excess the storm sewer does not have the capability to handle it and then flows across into Lot 5 and continues down into Lotus Lake. He stated that the developer has made an effort to work with us and has made some changes to the plan and they appreciate it. Greg Frank stated that he feels with storm sewer improvements as well as the streets, a lot of the drainage that goes from this project to the east will be intercepted and improved with the proposed plan. e Tom Henderson, Saratoga Drive, stated that he is concerned with the drainage and runoff at the back of the proposed site to their property lines so that they don't get anymore in their area. Ryan stated that the developer has an obligation to drainage that is created on his property and does not have any obligation to reduce the amount that is currently there. He stated that if it is draining on his property now, it could continue to do so. ? asked if the trail systems goes along the streets, would they be widened? Bill Monk stated that yes if that is the route the city takes, there could be a recommendation to widen Frontier from 28 to 32 feet. He stated that he still needs to look at that and as the proposal moves to preliminary plat that may be the recommen- dation. ? stated that she wanted to state that they moved to Kiowa a year ago knowing that it was a deadend and really liked that aspect of it. She feels that the 70 people that signed the petition feel the same way. Ryan asked Olsen if she could comment on as far as public safety and the length of a deadend street? e PLANNING COMMISSION MINUTES April 9, 1986 Page 12 e Olsen stated that the Fire and Safety Director reviewed the plan and had no comments. She stated that cul-de-sacs are g~nerally limited to 1000 feet. e Larry Olson, Frontier Trail, stated that he wanted to a~dress the cul-de-sac versus the through street. He stated that the only reference that would dictate continuing Frontier Trail through was that the master plan called for it to continue thro~gh several years ago. He stated that there would be very little benefit to the new community as far as convenience. He!stated that as far as the old neighborhood, they would rather ~ave it remain as a cul-de-sac. He stated that as far as the s~fety, before making it a through street just for safety reasobs, feels some statistics as far as what kind of catastrophe coul~ ever be so severe that would dictate that for a through street.! Tom Fiebiger, Saratoga, stated that the developer shoul~ take into consideration some of the excess runoff that is going to occur off of the new homes that will be coming in behin~ his property. He also wanted to make sure that after the d~velopment was in they don't get a letter stating that some draina~e improvements needs to be done and get assessed. . Ryan stated that a PUD is a procedure to allow the devetoper to come in with some unique proposals to offer the city an~ in return for permission to deviate from accepted subdivision sta~dards. I Erhart stated that he favors the through streets and would encourage using a combination of methods to slow down ttaffic through the area. He stated that he would like to see the developer get involved and preserve and maintain the wildlife on the pond by possibly giving additional land for park. Emmings stated that he also favors through streets. He was not concerned with the smaller lots in the plan. Ryan stated that the drainage is an obvious concern of ~veryone and the city has made it policy to require, if there isi a wetland that needs protecting, a desilting basin to be put in a~ead of the wetland. He stated that if the drainage is in facti looping around and going back into the pond he recommends some type of silting basin ahead of the pond in the flat area. He ipformed the neighbors that if they wanted signage on their stre~t, such as a deaden sign for Saratoga, they should come in and ~equest it. He felt the suggestion to close Santa Vera to the construction traffic was a good idea. He also felt that by giving mbre park land the developer should be aware that the density of ~he overall development would increase and he should adjust accordipgly. e APPROVAL OF MINUTES Noziska moved, seconded by Erhart, to approve the March 26, 1986 minutes with the minor change noted and corrected. All voted in favor and the motion carried.