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1980 08 13 - - e MINUTES OF THE REGULAR MEETING OF THE CHANHASSEN PLANNING COMMISSION HELD AUGUST 13, 1980, AT 7:30 P.M. CHANHASSEN COUNCIL CHAMBERS APPROVED ON~-=-7tr:lP AMfNDED ON 9-/D -J>O Members Present: Chairman Horn, W. Thpmpson, J. Thompson, M. Tftompson, A. Partridge. Members Absent: W. Johnson and T. Hamilton. Staff Present: B. Waibel. APPROVAL OF MINUTES Planning Commission Minutes of May 28, 1980: Mr. Partridge cited a change for paragraph 8, page 2, changing the first word of the second line to "flux." Chairman Horn cited a change for the last paragraph of page 10 to change from "low townhouses" to "row townhouses." Planning Commission Minutes of June 11, 1980: Mr. J. Thompson noted that a change should be made to page 2 on the fifth line from the bottom to read "program of least cost." Planning Commission Minutes of June 25, 1980: Mr. Partridge noted that he felt the minutes on the Lake Lucy Road watermain did not include a level of detail sufficient for consideration of the subject and that it should be noted that the Planning Commission did discuss the matter at length as to the options in the proposal, costs, and its land use ramifications, and that the Planning Commission unanimously recommended to the City Council that the Lake Lucy Road watermain not be built and that the drilling of a well at pump house No.3 is the most preferrable option. Mr. A. Partridge noted that the minutes should be corrected to say that the Waldrip proposaJ was not discussed but was mentioned. Planning Commission Minutes of July 9, 1980: Chairman Horn cited a change to Item No.6 on the Holasek proposal to remove the word "indefinitely." Planning Commission Minutes of July 16, 1980: No corrections recommended. ZONING REVERSION FROM P-2 PLANNED UNIT DEVELOPMENT DISTRICT TO R-1A, AGRICULTURALRESTDEflfTI'A"L" "DTSTRTCT ,"OAKMO'flfTP"RO"PTRTY',"PUBLTG lfEARI'NG. Mr. Waibel presented the staff report on the subject item saying tftat the Planning Commission recommended that the City Council direct staff to proceed to in~oRe Section 14.07 of Ordinance 47 to revert the existing zoning to its previous zoning of R-IA, Agricultural Residential District. e - e 8-13-80 Chanhassen Planning Commission Minutes - page 2 Mary Kurimchak, 7130 Utica Lane, stated general favor with the action to rezone the property to R-IA, Agricultural Residential District, and delivered a statement outlining her opposition at the time the PUD zoning was under review in 1970. She cited that the subject property has severe soil limitations for development. The Planning Commission discussed the fact that a zoning was placed on the properties in 1970 and that sewer is still not yet available to the subject property. Mr. W. Thompson moved and Mr. Partridge seconded to recommend that the City Council rezone the Oakmont property from P-2, Planned Unit Development District, to R-IA, Agricultural Residential District. All voted aye. Motion carried. Planning Commission stated that, for the record, no one present was in opposition to the proposal. SUBDIVISION VARIANCE REQUEST, SOUTH 1/2 of SECTION 25, DAVID NICHOLAY. Mr. Waibel presented the staff report stating that the request be in need of numerous variances of Ordinances 45, 33, and 47, and also the City Attorney's Report of August 7, 1980, was entered into the record, which indicated four sections of the Ordinance to which variance would be needed if this request was to be granted. Mr. David Nicholay stated that the reason he was attracted to this parcel was because of its suitability for earth-sheltered housing. The Planning Commission inquired of staff the reasons for the standards of Ordinance 45 such as eligible parcels for building permits, frontage on a pUblic street, etc. The Planning Commission inquired of staff what actions could be in order on this request and staff responded that Planning Commis- sion could (I) deny ordering a pUblic hearing for the request, (2) recommend to the City Council that the staff be allowed to research the question of the City's policies regarding the un- sewered areas of the city in anticipation of ordinance amendments, and (3) order a pUblic hearing to consider the variances needed to build on this SUbject parcel at this time. Staff noted the' narrowness of the guidelines to which a variance can be given in this case and that such an action implies that the ordinances governing the unsewered area would be amended by precedent. Motion was made by Mr. W. Thompson and seconded by Mr. M. Thompson to hold a public hearing for a variance request. All voted aye. Motton carried. e e e 8-13-80 Chanhassen Planning Commission Minutes - page 3 SUBDIVISION VARIANCE REQUEST, SOUTH 1/2 of SECTION 25, JEFFREY DYPWICK. Mr. Waibel gave the planning report on the sUbject item and also stated that the request at hand is identical to the previous case reviewed with the exception that it does have frontage on a public street; however, such frontage is not sufficient to ordinance standards. Mr. Dypwick's attorney stated that it is Mr. Dypwtck's desire to build his home on the sUbject parcel and requested that the appropriate variances be granted. Mr. W. Thompson moved to recommend that the City Council permit the building application of Mr. Dypwick subject to approval of the variances necessary for the property. Motion was seconded by Mr. M. Thompson. All voted aye. Motion carrted. SKETCH PLAN REVIEW, PAIR ACRES ADDITION, 6451 MINNEWASHTA PARKWAY, ROBERT MORK. Mr. Waibel delivered the staff report dated August 11, 1980, stating that the applicant is proposing to subdivide an approximate 3.83 acres in the southeast quadrant of the intersection of the Minnewashta Parkway and Minnesota Trunk Highway 5 into three residential building sites. Mr. Waibel emphasized the need to take into account the fact that the subdivision, as proposed, would place the vacant parcels adjacent to the east of the subject property in a position to be totally reliant upon direct access to Highway 7 for ingress and egress. As such, it was recommended that the City staff be directed to look for property easements across the sUbject property to diminish the access problem on the parcels to the east. Additionally, a verbal report regarding the meeting between the applicant, staff, and Mr. Al Klingelhutz and John Neveaux,of the Community Facilities Study Committee, and Mr. Ken Durr, adjacently east of the sUbject property, was given at which the potentiality of the sUbject property was discussed for the location of the satellite fire station for the northwest part of Chanhassen. Essentially, the results of that meeting were that the Community Facilities Study Committee was going to be looking at other parcels more suitable for the satellite fire station. Mr. Mork stated that it is his intention to subdivide the parcels as proposed so as to have the center lot platted for the existing house on the sUbject property and to retain the easterly-most lot for his children. Mr. Durr had indicated that he is discussing the possibility of purchasing the Mork property and proposed a plan for the subject property and his property that would show more uniform development and access and precisely would be his preference to have two accesses off of Minnewashta Parkway if said purchase was made. 8-13-80 Chanhassen Planning Commission Minutes - page 4 _ The Planning Commission encouraged the applicant to proceed with his plans and recorded no major opposition to the proposal at this time. DISCUSSION, FINAL DEVELOPMENT PLAN, COLONIAL GROVE IIt BLOOMBERG COMPANIES, INC. Mr. Waibel introduced the subject item referencing the proposed Development Contract and noted that the proposal is unique in that it does have parcels in the proposed plat which are immediately developable. Mr. Craig Mertz explained his letter of August 8, 1980, referring to the Beach Lot Covenants and Restrictions. Mr. Mertz stated that the Covenants appear to be in order although they do not specifi- cally talk about over-night parking, over-night storage of boats, or erecting structures; however, it was explained that any changes requesting any of the above would be required to under-go a public hearing for Conditional Use Permit. It was additionally noted that the beach lot in question has been established for some ttme and has been used by certain homeowners within the Colonial Grove 1st Addition. - Mr. J. Thompson moved the City Council accept the Development Contract as drafted with the provision that the Lake Study Commission recommendation for Outlots be included in the Restrictive Covenants and/or the Deve~opment Contract for Colonial Grove 2nd Addition. Motion seconded by Mr. M. Thompson. All voted aye. Motion carried. Mr. J. Thompson structures on cation of usage was seconded by moved that staff document an inventory of the beach lot in order to determine any intensifi- brought on by Colonial Grove 2nd Addition. Motion Mr. M. Thompson. All voted aye. Motion carried. DISCUSSION, OVERLAY ZONING CONCEPT FOR DOWNTOWN REDEVELOPMENT PROJECT. Mr. Waibel had informed the Planning Commission that Bather- Ringrose-Wolsfeld (BRW) has submitted a proposal for a work plan to accomplish the sUbject item and that a similar approach should ultimately be carried out. LAKE ANN BARN PROPOSAL In discusston, the Planning Commtsston discussdd the placement of a pole barn in Lake Ann Park and had no objections to such. e 8-13-80 Chanhassen Planning Commission Minutes - page 5 tit DISCUSSION, H.R.A. LIAISON SCHEDULE. The Planning Commission adopted the H.R.A. Liaison Schedule as presented in the memorandum dated August 11, 1980. OPEN DISCUSSION Mr. A. Partridge moved and Mr. J. Thompson seconded that a pUblic hearing be ordered for proposed amendment to Subdivision Ordinance No. 33 in reference to subdivision 9, chapter 560 of the 1980 Minnesota Legislative Session. All voted aye. Motion carried. ADJOURNMENT The August 13, 1980, Chanhassen Planning Commission meeting was adjourned at 12:30 a.m. e e