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1984 04 11 e C ITV 0 F CHAHHASSEH 690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937 ~ 1900 PLANNING COMMISSION MINUTES April 11, 1984 REGULAR MEETING Members Present Jim Thompson, Tom Merz, Susan Albee, Ladd Conrad, and Mike Thompson. Staff Present t order at 7:36 p.m. Members Absent Howard Noziska and Bill Ryan e Bob Waibel, City Planner. Chairman Conrad called the ,..,." preliminar Platt Review"i'hine sin lots, Intersection of and Neal Klingelhutz, eapolis, MN 55440 ior, MN 55331 Public Present Robert Worthington, ()};>\lB Thomas B. Wartman, Garden Duane Barth,. SPring Dan Coban,Chanhassen, MN Bet ty Mjolsnes, Chanh9,'BB.E)~l, MN Rick Dorsey, Richfield,MN Dave Dorsey, Richfield, MN Neil Klingelhutz, Chanhassen, Al Klingelhutz, 8601 Great PI Jim Jones, Minnetonka School Blvd., Chanhassen, MN rict No. 276 e Waibel delivered the staff report noting the revisions and new information from the sketch plan reviews and preliminary plat. He recommended the planning commission recommend approval of the preliminary plat for Hillside Oaks as depicted on the De Mars- Gabriel and Surveyors, Inc. Preliminary Plat data received March 22, 1984. - Planning Commission Minutes April 11, 1984 Page 2 Mr. Rick Dorsey asked about the suitability of the proposed accesses. Waibel stated that the county engineer's office as well as the city engineer find that the accesses as proposed are accept- able. However, they are restricting the development from any future accesses should the area be resubdivided. Mr~ Don Coban ~sked about development plans for property to the north. Waibel stated that the most detailed ~lans done on the are~ show that the area is to develop as low density residential with full urban services made available and that it would ~robably develop at a density of around 1 units Eer acre. Mr. Rick Dorsey asked if the proposed development would set a pre- cedent for development without sanitary sewer. Waibel stated that due to a zoning ordinance amendment approved last August allowing for unsewered area development, this development would not set a precedent. A motion was made by James Thompson to close the Seconded by Michael Thompson. Vote: Unanimous. public hearing. Motion carried. e Chairman Conrad asked the applicant about the results of the per- colation test. Mr. Al Klingelhutz stated that the results were within the ordinance standards for on-site septic systems despite the fact that they were taken at a time with the worst possible seasonal soil conditions. A motion was made by Jim Thompson to recommend approval of the preliminary plat for Hillside Oaks as depicted on the DeMars-Gabriel Land Surveyors, Inc. preliminary plat dated received March 22, 1984. Motion seconded by Susan Albee. Vote unanimously approved. Motion carried. Replat Request, Lot 3 & 4, Block 5, Chanhassen Lakes Business Park, Opus Corporation, Public Hearing. Public Present Robert Worthington, Opus Corporation, Minneapolis, MN 55440 Thomas B. Wartman, Gardeneer, Inc., Excelsior, MN 55331 Jim Jones, Minnetonka School District No.276 B.H. Gowen, 6440 Hazeltine George Baer, 6300 Chaska Road e waibel delivered the staff report indicating that the proposed request is to allow for parking expansion to meet tenant needs of the Chanhassen Lakes Business Center which is locat.ed on Lots 4 & 5, Block 5. The newly proposed side and front yard setbacks will be identical to those previously approved for the Chanhassen Lakes Business Center and landscaping on the new side lot line will be . Planning Commission Minutes April 11, 1984 Page 3 provided in a manner also identical to that which was installed for the initial Chanhassen Lake Business Center construction. The dimensions of the balance of land for lot 3, after subdivision would be comparable to or greater than those upon which the two office warehouse buildings are built directly west of Chanhassen Lakes Business Center and thus the future development potential of Lot 3 should not be encumbered. Waibel noted that in the past the City has approved metes and bounds lot splits provided the pro- posed conveyances were parallel to existing platted lot lines of record and did not result in any lengthy or cumbersome legal descriptions. He noted that this proposed lot split does meet those criteria. Waibel recommended that the Planning Commission recommend approval of the proposed metes and bounds lot splits from Lots 3 & 4, Block 5, Chanhassen Lake Business Park as depicted on the Schoell and Madsen Survey dated and received March 21, 1984 with the following conditions: . 1. That the applicant submit a revised indemnity agreement holding the city harmless of any costs associated with the restoration of parking facilities located within the utility easement along the present boundaries between lots 3 & 4 should any utility repair be necessary. 2. That the applicant install landscaping along the new easterly side lot line consistent with the originally approved site plans for Chanhassen Lakes Business Center. Mr. Worthington indicated that Opus corporation has ownership of the lots lying to the east of Chanhassen Lakes Business Center and they are confident that the proposal will not cause any hardship for the developability of that property. He indicated that the plans show some additional 25 parking spaces in the southwest corner that are proposed to be added if needed for Chanhassen Lakes Business Center. A motion was made by James Thompson to close the public hearing. Motion seconded by Tom Merz. Vote unanimously approved. Motion carried. A motion was made by Tom Merz that the Planning Commission recom- mends approval of the proposed metes and bounds lot split for Lots 3 & 4, Block 5, Chanhassen Lakes Business Park as depicted on the Schoell and Madsen Survey dated and received March 21, 1984 with the following conditions: e e Planning Commission Minutes April 11, 1984 Page 4 1. That the applicant submit a revised indemnity agreement holding the city harmless of any costs associated with the restoration of parking facilities located within the utility easement along the present boundaries between lots 3 & 4 should any utility repair be necessary. 2. That the applicant install landscaping along the new easterly side lot line consistent with the originally approved site plans for Chanhassen Lakes Business Center. Motion seconded by Susan Albee. Vote unanimously approved. Motion carried. Zoning Ordinance and Conditional Use Permit amendment request for Landscape Contracting Business at Minnetonka West Junior High School, Public Hearing. Public Present e Jim Jones, Minnetonka School District No. 276 Thomas B. Wartman, Gardeneer, Inc., Excelsior, MN 55331 B. H. Gowen, 6440 Hazeltine George Baer, 6300 Chaska Road Waibel delivered the staff report indicating that the proposal was to amend the zoning and conditional use permit for Minnetonka West Junior High School to allow for Gardeneer's proposed outside storage of plant materials and vehicles. He stated for reasons that the western two thirds of the proposed Gardeneer Incorporated storage area is totally screened from public view and for reasons that the storage and plant material in the eastern one third of the area will not have a material visual impact, staff recommends that the Planning Commission recommend that sections 7.04, subsec- tion 11 of Zoning Ordinance 47 and the condition use permit for Minnetonka Independent School District No.276 be amended as outlined in the attachment No. 4 with the condition that the out- side storage activities of Gardeneer, Inc. be conducted as shown in attachment No. 3A. (Attachment No. 3A contains the staff recommended plat revisions.) e Mr. Wartman indicated that they have reviewed the staff report and recommendations and are in concurrence with same. He also men- tioned that they find that the security fencing would not be necessary in the easterly portion of their site as pointed out in the staff report since the plant materials that would be stored in this area are quite sizable and would not be able to be transported from the site without the proper equipment. e Planning Commission Minutes April 11, 1984 Page 5 Mr. Baer asked if the property would be rezoned to which Waibel responded that the property would not be rezoned, however, it is presently under the conditional use permit which allows for Minnetonka School District to lease the property to non-retail business uses. Mr. Gowen and Mr. Baer questioned why they received notices for this public hearing, however did not receive notices for the hearing for the adaptive reuse of the school last summer. Chairman Conrad suggested that Mr. Baer and Mr. Gowen stop in at City Hall during business hours and check the files for verification of the mailing list for the public hearing. Motion was made by Tom Merz to close the public hearing. Motion seconded by James Thompson. Motion carried. Michael Thompson expressed concern that the ordinance was amended to allow Minnetonka School District to use the Junior High School facilities for other purposes. It was not envisioned that such would include uses having outside storage. Waibel indicated that that is correct, however, in response to the request received, staff has developed the attached suggested language for a possible e revision to accommodate Gardeneer's proposal. Waibel indicated that the zoning ordinance amendment and the current conditional use permit for the reuse of the school are identical in language. However, the ordinance and conditional lease permit need to be amended to enable this proposal to be established. He mentioned that the Planning Commission has the discretion to recommend that a separate agreement be made between the City and Gardeneer, Inc. and the School District which would require that the proposal be reviewed and reconsidered at some point in the future. Such may be concurrent with the three year lease term which Gardeneer, Inc. is presently negotiating with the School District. A motion was made by Susan Albe to recommend that Section 7.04, Subsection 11, Zoning Ordinance 47, and the conditional use permit for Minnetonka Independent School District No. 276 be amended as outlined in attachment No.4. Furthermore with the condition that the outside storage activities of Gardeneer, Inc. be conducted as shown in attachment No. 3A and that Minnetonka School District No. 276 and Gardeneer, Inc. enter into an agreement with the City to the affect that the Gardeneer, Inc. operations are subject to City review and reconsideration three years from the execution of the agreement. Motion seconded by James Thompson. Vote: Jim Thompson, Albee, Conrad and Merz=Aye. Michael Thompson= Naye. Motion carried. e e e e Planning Commission Minutes April 11, 1984 Page 6 Mike Thompson felt that the ordinance amendment should be made more specific to the types of usages that may require outside storage rather than the way the present proposed ordinance amend- ment is written. Sketch Plan Review, 15 Single Family Detached Lots and One Rocreational Beach Lot, 7251 Minnewashta Parkway, Duane Barth. waibel delivered the staff report indicating that the proposed subdivision requires variances to the shoreline management ordi- nance from minimum lot area, the recreational beach lot ordinance for lot depth and dockage and the subdivision ordinance for street frontage and length of cul-de-sac. He outlined the reasons why the Planning Commission may consider amending the shoreline mana- gement ordinance to utilize an average lot size criteria as opposed to a minimum lot size criteria. He also noted that according to the Recreational Beach Lot Ordinance, the proposed recreational beach lot would need to be a minimum of 60 feet of frontage on the lakeshore and a 100 feet in depth. For the pri- vilege of having a dock, said beach lot would need to be a minimum of 100 feet at the watermark and a 100 feet in depth. The Recreational Beach Lot Ordinance as well as the DNR regulations would permit only one dock having the restriction of no overnight mooring or storage of boats. He noted that the applicant's propo- sal exceeds the frontage on the lakeshore, however, it was only approximately 53 feet in depth. As in any other proposal, the Planning Commission and City Council may entertain variances due to terrain constraints that would still enable the applicant to ~qtablish a beach lot with a reasonable allocation of usable active play area. Waibel noted that the Park/Recreation Commission reviewed the plan on Avril la, 1984 and recommended that the park dedication fees be paid as individual building permits are taken out on the proposed lot. Concerning the possible revision to the shoreline management ordinance requirement for a minimum of 15,000 square foot lot size, the Planning Commission felt no amendments should be made. Concerning the narrow lot frontage for a proposed lot 8, the Planning Commission felt that since, in all probability, at least one lot would be removed from the proposed plan by not amending ~he shoreline management ordinance, the applicant would be able to adjust the frontages to provide lot 8 with a more conforming fron- tage. The Planning Commission favored this method as opposed to allowing the street to be extended further to the east thus resulting in greater impervious surface area. planning Commission Minutes April 11, 1984 4It Page 7 Concerning the beach lot, the Planning Commission indicated that the applicant should submit design alternatives that would make it more compliant with the beach lot depth requirement of 100 feet. The Planning Commission noted that since the overall width of the beach lot exceeds the minimums established in the Recrea- tional Beach Lot Ordinance, a certain degree of variance may be considered to the absolute minimum lot depth requirement. The Planning Commission also noted that the lot depth in the eastern portion of the proposed beach lot was not critical due to the steep slopes which would not materially benefit the active play function of the recreational beach lot. Approval of Minutes Albee had two additions to the Planning Commission Minutes of March 28 for the final development plan review of Pheasant Hill PRD. The additions should be in the form of: 7. The proposed plan sets a precedent for the area and needs to be rezoned. e Albee's other addition to the minutes was in regard to the Mcr conditional use permit which was an additional condition that the fenced in area be screened using dense landscape materials. A motion was made by Mike Thompson to approve the March 28, 1984 Planning Commission Minutes as amended. Motion seconded by Albee. All in favor. Motion carried. e