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CC Minutes 1-23-06 City Council Meeting - January 23, 2006 hearing to February 13th at which time we'll consider comments with regard to other parts of the project, the Chanhassen Hills neighborhood and Lake Ann. Councilman Labatt: So moved. Councilman Lundquist: Second. Mayor Furlong: Made and seconded. Any discussion on the motion to continue? Councilman Labatt moved, Councilman Lundquist seconded to table the public hearing on the 2006 street improvements, Project 06-01 to the February 13, 2006 meeting. All voted in favor and the motion carried unanimously with a vote of 5 to O. Mayor Furlong: Thank you everybody for coming this evening. Mr. Thomas and staff, thank you. If we can take into account the comments and recommendations we heard this evening from the public over the next couple weeks and see how much the recommendations can be accommodated, we appreciate that. Okay, very good. Thank you everyone. Looking at the time we're going to take a short recess, about 5 minutes subject to the call of the chair. (The City Council took a short recess at this point in the meeting.) PUBLIC HEARING ON METES AND BOUNDS SUBDIVISION REQUEST WITH A VARIANCE FOR RIGHT-OF-WAY. PAUL & ANDREA EIDSNESS. 630 CARVER BEACH ROAD. Kate Aanenson: Thank you. As you stated Mayor this was an application for metes and bounds subdivision that does go before the City Council. And also approve a variance. The subject site is located off of Carver Beach Road, just north of the existing Creekwood subdivision. The proposed plat, so you have to back in and out here for a minute. Comes off the recently built Big Woods subdivision and they're proposing to build, create 2 lots. Lot A which has the existing house, and Lot B. I just want to back out here a little bit and show a little bit of the area so you understand why the conditions, how they relate to the subdivision. Again this is Carver Beach Road. The subject home we're talking about is right here. There are some out buildings. When this property came in for subdivision there was some interest shown from some of the adjoining properties of further subdividing. ... part of our job is also making sure that we provide adequate access to other property owners that may want to subdivide. So with that, when we looked at this larger area, again this is Carver Beach Road. This is the Big Woods Boulevard, and our subject site here tonight the existing home. Can you zoom in on that just a pinch more Nann? And then this would be the future lot. So what we did is looked at how could this property be subdivided? Obviously it's not being proposed more than just the 2 lots but if future development was to occur, how could it be served by a public street? Carver Beach Road right now is 40 feet. We did take additional right-of-way with the Big Woods subdivision because that's 50, so we are recommending 50 foot for the new road that will be built through here, so that's one of the requests that's being made for the subdivision, and I'll go through those in a minute. Keep everything going in the same direction here. Show that again so again this would be Big Woods Drive. This is the 2 lots that are being created and we are requesting for right-of- 42 City Council Meeting - January 23, 2006 way and again to maintain the prevailing development pattern in that area, recommending the 50 foot right-of-way, so that's the variance before you tonight. The lot itself is a little over 2 acres, so both lots would meet the requirement. We are requesting that while those lots meet the requirements with the variance, that they do provide the easement for a future road. There are conditions in there that have been drafted by the City Attorney to provide for at such time that a building permit is requested on this lot, or if the city chose to.. . subdivide, that we could build that street. This street does provide access to the rest of those properties so we want to have that available to, availability to provide that. In addition to that, there are some other issues that need to be resolved with the subdivision besides the right-of-way easements. Construction easements and then also typical drainage and utility easements and those are conditions of approval. One of the other things we did mention in the staff report, the city does have sewer and water lines. We're working with the applicant to get those in. We had originally recommended that just a generalized utility easement be shown over that but they would request that they actually be over the lines themselves so that's fine. We'll agree to that. Then the other request at this time is, when we do a subdivision at the time that we would take additional right-of-way because the property is being subdivided. We would request, similar to what we did on Big Woods, that they show a 10 feet for street right-of-way. They would also submit to showing utility easements... at this time. And those are all conditions in the staff report which are found for your recommendations on page 7. Again the variance findings are also in the staff report, as well as the mentioned summary of that is the prevailing development pattern in this area is really set at 50 feet. So with that we are recommending approval of the metes and bounds subdivision with the variance with the conditions and the findings in the staff report and I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. Councilman Lundquist: Kate, the variance is 50 foot instead of 60 foot? Kate Aanenson: That's correct. Councilwoman Tjornhom: Kate I have a question if you go back to the picture of those lots. Is it possible to subdivide those lots again? Kate Aanenson: Yes it is. I tried to show it on... But this is the existing home right here. There's a common driveway right now that serves this home and this home. Sorry, push it up here. You can see that, I'm sorry Nann I'm doing this to you. This is... so what happens if a building permit were to be pulled on this lot, they would have to get access via this road and then this home's driveway is then also served up the street. Does that make sense? So now they're all being accessed via public street. So right now as long as there's no homes, there's no violation of existing conditions. But this would be that large lot. It could be subdivided. One or two times. You could get 2 lots depending on how, with the layout. Mayor Furlong: Thank you. Any other questions for staff at this point? Okay. If not then I'll go ahead and open up the public hearing and invite interested parties to come and address the council on this matter. 43 City Council Meeting - January 23,2006 Paul Otto: Good evening Mayor and members of the council. I'm Paul Otto with Otto Associates, 9 West Division Street is my address, and staff report looks real fine. We're happy to see about the 20 foot easement. We will work with staff to work that out. The one thing that we would like to request is the additional right-of-way along Carver Beach Road. We'd like-to request that at this time we maintain it at the 20 foot. That would fall outside of the tree line, and basically keep what's there and at the time of future subdivision look at going to a 30 foot right- of-way if indeed. Our thought is that if this property does not split, there are some significant trees in that area and we'd like to try and make sure that they're preserved so that's kind of the reason for that. And I'm available for questions. Kate Aanenson: Can I address that? It's not our intent to build the street at this time but it's our intent to take it as a road easement so if we do widened that street, that it would be built at that time... take down the trees and remove any at this time. We want to dedicate that as a road easement so if we did, build the road, which we intend to and... So this is Carver Beach Road. This is the area that we're talking about that would be an additional, right now it's at 20 feet. To get to 50 feet, which we took on the Big Woods subdivision, we're just saying we want to look at a condition of approval it states that there be an additional 10 feet as a roadway easement. So we wouldn't have to remove any trees or anything at this time but at such time in the future that we decided to upgrade that road. Mayor Furlong: What are the consequences of, or a situation that would present itself if that's not taken at this time? Kate Aanenson: Then they'd probably have to come and say that we wanted to upgrade the road if the rest of this came in and we had that missing link. Mayor Furlong: Okay. Thank you. Are there any questions? Okay. Anyone else that would like to speak at the public hearing on this matter? No? If not then, I'll close the public hearing and bring it back to council. Councilman Peterson. Councilman Peterson: Seems like a fair presentations.. .any substantial issues. I think the one that the applicant brought up, and to Kate's point, if we don't do it now it's going to cost us money later and we're not going to take out the trees until we need to so. Mayor Furlong: Okay, thank you. Any other comments. Councilwoman Tjomhom. Councilwoman Tjomhom: I watched, laid in bed and watched the Planning Commission meeting regarding this issue. I think they did a good job smoothing out all the wrinkles and getting it ready for us tonight. Mayor Furlong: Okay. Councilman Lundquist, any comments? Councilman Lundquist: Just good to see that we're, staff is looking ahead putting that road in there for access for the future and looking at that will simplify down the road if it does divide, great. If it doesn't, then nothing will be done so it's good to look at that now and take out some 44 City Council Meeting - January 23, 2006 of these long driveways, narrow roads, shared driveway issues that we come up with, especially in this area so. I think it's reasonable and with the conditions in here. Mayor Furlong: Thank you. Councilman Labatt. No additional comments? Councilman Labatt: No. Mayor Furlong: Okay, thank you. I won't repeat. I would concur with Councilman Peterson and Lundquist as well. We're planning ahead. We're doing this at this time to try to make the situation easier down the road. That's what planning's all about so I'll commend staff. If there's no additional comments or follow up questions, is there a motion on this matter? Councilman Peterson: Motion to approve as submitted by staff. Mayor Furlong: Thank you. Is there a second? Councilman Lundquist: Second. Mayor Furlong: Made and seconded. Any discussion on that? Hearing none, we'll proceed with the vote. Resolution #2006-08: Councilman Peterson moved, Councilman Lundquist seconded that the City Council approves the metes and bounds subdivision (#06-02) of 2.18 acres into two lots as shown on plans stamped "Received January 5, 2006", subject to the following conditions: 1. Detailed grading, drainage, erosion control and tree removal plans are to be submitted to the City for review and approval with the building permit application for Parcel B, or with the subdivision application if Parcel B is incorporated into a future development proposal, whichever comes first. 2. Park dedication dollars will be required in lieu of land dedication for one new lot (1 lot x $4,000 per lot = $4,000). 3. The sewer and water hookup charges for Parcel B will be payable with the building permit application or assessed with the property taxes. 4. The survey must be revised to dedicate a 30 foot wide roadway, drainage and utility easement over the east half of Carver Beach Road, measured from the centerline of Carver Beach Road. 5. Parcel B will be specially assessed $10,000 for the street. The assessment will be deferred without interest until the street is constructed. When the deferment ends, the assessment shall be paid over a five year period at 8% interest. 45 City Council Meeting - January 23, 2006 6. The applicant shall enter into the attached Development Contract and Special Assessment Agreement. 7. Standard drainage and utility easements shall be dedicated to the city as described in the UTILITIES section of the staff report. 8. The plans must be revised to show the exact location of the existing utilities (watermain and sanitary sewer) and easements. Additional easements may be required as described in the UTILITIES section of the staff report. All voted in favor and the motion carried unanimously with a vote of 5 to o. JACOB'S TAVERN. LOCATED AT THE SOUTHEAST CORNER OF HIGHWAYS AND CENTURY BOULEVARD. APPLICANT. TRUMAN HOWELL ARCHITECTS: REQUEST FOR SITE PLAN APPROVAL FOR A 6.808 SQ. FT. RESTAURANT BillLDING ON 2.02 ACRES. Kate Aanenson: Thank you. This request is for site plan approval, variance free. It's a request for approximately 6,800 square feet of restaurant located at the comer of Highway 5 and Century Boulevard. This site has been identified as a restaurant and was put into place when we actually put the, oops move in a little bit on that. So this would be Highway 5 and Century Boulevard. This is where the Holiday Inn sits. When Holiday Inn went in we actually anticipated and they rough graded for that site and always anticipated a restaurant so we're pleased to bring one forward for you tonight. Just wanted to give you a couple other background issues that were some points of discussion and looking at the picture of this property, again I mentioned the rough grading that when this project came in, the staff actually, the engineering department actually undertook the curb cut issue on Century Boulevard. There is a little bit of a concern about that but I know we did adequate, this piece has always topographically separated from the rest of this. This is our natural area that we preserved. It's beautiful views looking out the hotel side and the restaurant seating. We believe it's a really nice asset that really gets the best use of circulation we provided for a curb cut in there. If you go down to Corporate Place, that is actually would be how you would get to Lifetime Fitness, so they're not on the same road access wise but eventually they may get on Century Boulevard. So if you look at in the staff report there is some discussion regarding the conditions of approval that we're monitoring that and that's one of the items we're actually going to do some traffic counts and bring back to the Planning Commission to see what the actual traffic modeling for that is fulfilling that after the restaurant would be built and kind of see how that's functioning. Again that was a big issue. So with that back drop, talk a little bit specifically about the site itself. It's a unique... It's unique in the fact that there's that larger berm in front so what the developer or the architect actually made a more vertical roof line on the site to actually provide for the berm that's in front. Has some interesting orientation. This would be the, if you can see that, maybe you can just zoom in... This would be the drop off area or the drive through for the Holiday Inn. So there's easy sidewalk access to get to that. There's also additional sidewalks to get to the back of the building. There is a trail... that trail was put in place... which is again a really nice asset for people staying in that area. The restaurant itself has a nice fire pit on the outside, and then also has nice seating around the perimeter. So there is some shared parking that was set up in place between the two pieces at the Holiday Inn and the 46