Loading...
1984 07 25 -- PLANNING COMMISSION MINUTES JULY 25, 1984 REGULAR MEETING Vice-Chairman Mike Thompson called the meeting to order at 7:33 p.m. Commissioners Present Jim Thompson, Susan Albee, Bill Ryan and Mike Thompson. Commissioners Absent Tom Merz, Ladd Conrad and Howard Noziska. Staff Present Scott Martin, Community Development Director and Vicki Churchill, Secretary. proposed Zoning Ordinance Amendment #84-2 to allow Contractor's Yards as a Conditional Use in the R-la Zoning District. Public Present - LaVern Butler Russ Larson Bernie Schneider Roger and Gayleen Schmidt Jerry Gustafson Herb Baldwin 10685 Co. Rd. 43, Chaska, MN 1900 1st Bank Place W., Minneapolis Box 399, Chanhassen 8301 Galpin Blvd., Chanhassen 8341 Galpin Blvd., Chanhassen Jordan Martin explained that the Planning commission initiated the pro- posed Ordinance amendment on June 27, 1984 at the request of the Dale Green Company. He stated that because of the nature of most contracting operations, the most important issue for most such requests are that of screening and impact on adjoining proper- ties. The conditional use permit process provides the City with the necessary discretion and control over specific proposals. Mr. Russ Larson stated that he felt Mr. Butler should be given credit for coming forward and seeking a permit instead just moving in overnight like some other contracting businesses have done in the past. Roger Schmidt, area resident, stated that he was concerned that if his neighbor were to sell his property, he may have to look out his window at a contracting business sometime in the future. Martin told Mr. Schmidt that the City can establish specific standards for operation of such a business, including require- ments for screening, hours of operation, signage, parking, set- backs, lighting, noise, etc. through the permit process. 4It Albee moved, seconded by J. Thompson to close the public hearing. All voted in favor and the motion carried. e Planning Commission Minutes July 25, 1984 Page 2 J. Thompson asked Martin if the Commission passed this amendment, what would be done about the illegal businesses? He wondered if staff would ask them to come in and apply for the permits. Martin stated that it would be up to the City Council to decide whether or not to pursue compliance, but it would be in the City's best interests to seek conformance of those uses known to exist in the R-Ia District by notifying them of City permit requirements. Ryan asked if the conditional use permits were always issued for a specific time period. Martin stated that there is not a time limit established for all conditional use permits, but that under certain circumstances a time limit may be a reasonable condition placed by the City on a specific permit. Ryan was concerned that in a case where someone subdivided land adjacent to a contractor's business where there was no screening, there should be some type of mechanism in the permit process to force the contractor to put in additional screening. e Ryan and M. Thompson wondered, if for example 2 years from now if the business was not conforming to the permit, how would the City control it. Martin stated that the City would enforce the permit requirements through routine inspection and citizen complaints, just as all zoning regulations are enforced. Ryan and J. Thompson would like to see a time limit put on the permits because businesses change, or get bigger, etc. and they felt that there should be a regular review of these business sites to make sure that they are still conforming to the con- ditions of their permit. Martin recommended that each permit be considered based upon the specific circumstances of the proposal, rather than having a blanket time limit for all permits. J. Thompson moved, seconded by M. Thompson, to recommend approval of the proposed zoning ordinance amendment #84-2 to allow contractor's yards as a conditional use in the R-Ia zoning District and to add the staff recommended language to Section 4 (Rules and Definitions) and to Section 6.04 (Uses by Conditional Use Permit - R-la Agricultural Residence District). - All voted in favor and the motion carried. Planning Commission Minutes July 25, 1984 page 3 - Conditional Use Permit #84-4 to allow the processing and stock- Eiling of black dirt and the storage of related contractor's equipment on property located at the intersection of Highway 5 and Galpin Boulevard, The Dale Green Company, applicant. Public Present LaVern Butler Russ Larson Bernard Schneider Roger and Gayleen Schmidt Jerry Gustafson Herb Baldwin Gary Hime 10685 Co. Rd. 43, Chaska, MN 1900 1st Bank Place W., Minneapolis Box 399, Chanhassen 8301 Galpin Blvd., Chanhassen 8341 Galpin Blvd., Chanhassen Jordan 4171 Main Street, st. Bonifacius Martin stated that this is a preliminary review and that the applicant would like Planning commission and general public input of the proposed black dirt processing and contractor's yard operation prior to preparing a final detailed site plan. He stated that it is especially important that adequate screening of the processing operation and the equipment parking area from adjacent properties is included in the plan. - Herb Baldwin, representing The Dale Green Company, presented a proposed site plan schematic which showed proposed screening and berming and the general layout of the project site. He stated that they will be using the residence on the site as an office and they are trying to maintain the rural residential spirit of the area. He stated that the proposed operation will be a short term use of the property and that only a ten year permit was being requested. Roger Schmidt, area resident, asked Mr. Baldwin why they were taking fill from the south side of the processing area and putting it on the north side. He stated that he lives to the south of the processing site and would like to retain as much of the natural screening as possible. Mr. Baldwin stated that the natural terrain on the south side of the processing area would be retained to the extent necessary to screen the processing operations, and that only the excess fill from the area would be used to create a berm along Highway 5. J. Thompson asked why this was a preliminary review, rather than formal consideration by the Commission and recommendation to the City Council at this time. Martin explained that the applicant requested this approach to determine potential problems with their proposed business opera- tion (as a result of public comments) prior to developing more specific design details. - J.Thompson stated that he would rather establish specific conditions at this time and pass it on to the City Council for action. Albee felt that Mr. Schmidt's concerns are very legitimate as far as seeing this type of thing going into the R-la district. She e Planning Commission Minutes July 25, 1984 Page 4 felt that this is an ongoing intensive industrial operation - not just trucks going out in the morning and returning in the evening - and that such businesses belong only in industrially zoned areas. Mr. Baldwin stated that this business was not a quiet storage, but it is not a big operation either. with the uniqueness of the property, (high points on three corners) he felt the operation could be adequately controlled to minimize adverse impacts on adjoining properties. Albee stated that she is not willing to make a decision on this proposal until she sees a more detailed landscape plan and she also felt more people should be contacted that live in the area. She said that she is not in favor of this type of large scale operation in that area. Ryan felt that an industrial operation involving approximately 40-45 loads of dirt coming or leaving the site in a day was more than should be allowed in a rural area. He felt that with that much activity, the proposed use should be allowed only in an industrial area. He also felt that such a business would be of e little benefit to the City in terms of new tax base and jobs. M. Thompson stated that the applicant is only looking at a short term use and he thought that the site that is being proposed would have the least impact on the community. Ryan stated that if the applicant was just storing the dirt and not selling it they would fit into the Contractor's Yard defini- tion. He feels that they do not fall under that category since the proposed operation includes wholesale and retail sales and processing of raw materials. He asked the applicant why they did not come in and ask to rezone the property for industrial use. Mr. Baldwin stated that because the applicant is looking at a short term use and because they felt that this conformed with the pending zoning ordinance amendment, there was no need to seek a Zoning District change. He added that the conditional use permit approach gave the City more specific control over the use of the property. Mr. Larson told the Commissioners that the applicant would prefer that the Commission close the public hearing and make a recommen- dation to the City Council since there appears to be a split among the commissioners present concerning the appropriateness of the proposed use. e J. Thompson moved, seconded by B. Ryan, to close the public hearing. All voted in favor and the motion carried. e Planning Commission Minutes July 25, 1984 Page 5 J. Thompson moved, seconded by M. Thompson, to recommend that the City Council approve a conditional use permit to allow The Dale Green Company to process and stockpile black dirt and to store related contractors equipment on their property located at 7810 Galpin Blvd., subject to the substantial compliance with the applicant's site plan dated "Received July 20, 1984" and subject to specific conditions recommended by City staff once more specific design detail is provided to the City by the Applicant. J. Thompson and M. Thompson voted in favor, Albee and Ryan opposed. The motion failed on a 2 to 2 vote and will be for- warded to the City Council with no concensus recommendation. Albee and Ryan explained that they were opposed based upon their previous comments. Proposed Rezoning of American Legion Post #580 property, located at 7995 Great Plains Blvd., from R-la to C-2. Public Present B.F. Schneider Box 399, Chanhassen e Martin explained that the proposed rezoning will change the zoning classification to conform with the existing land use and also provide for potential future improvements to the site. Bernie Schneider, representing the petitioner, was present to express his support for the proposed rezoning. He explained that the Legion has no specific plans for improvements to the property at this time, but are interested in having it zoned Commercial since it is taxed as commercial property. Albee moved, seconded by J. Thompson to close the public hearing. All voted in favor and the motion carried. Albee moved, seconded by Ryan, to recommend the City Council rezone the American Legion Post #580 to rezone the property located at 7995 Great Plains Blvd. from R-la to C-2. All voted in favor and the motion carried. Conditional Use Permit Request #84-5 to allow Chanhassen American Legion Post #580 to operate a Farmer's Market on their property located a 7995 Great Plains Boulevard as a Temporary Use in an R-la Zoning District. Public Present e B. F. Schneider Box 399, Chanhassen Martin stated that the applicant has requested that this petition be tabled by the Planning Commission until August 8, 1984 in order Planning Commission Minutes July 25, 1984 e Page 6 to provide more time to prepare a detailed site plan for the proposed use. J. Thompson moved, seconded by Ryan, to table this request and continue the public hearing until August 8, 1984. All voted in favor and the motion carried. site Plan Review #84-3 for expansion of off-street parking lot facilities and a proposed building addition for United Mailing, Inc., located at 1001-1201 Park Road. Public Present Daryl Fortier Fortier Associates e Martin explained that this is a proposal for a 48,400 sq. ft. building addition and parking lot expansion for United Mailing, Inc. He noted that the City had previously approved a similar addition in 1982, but a revised plan was approved shortly after that did not include the proposed addition. He explained that the applicant wants to install only a gravel surface on the expanded parking lot since United Mailing may expand again next spring on the adjoining lot. He also added that the applicant is requesting that a 6 foot utility and drainage easement be vacated to allow the proposed parking lot expansion. Daryl Fortier, Architect representing United Mailing, Inc. stated that he agreed to all of the recommended staff conditions, except number 6. He stated that the applicant does not want to bring in more soil to the site to construct the proposed earthen berms because they want to keep expenses down and because eventually the berm along the westerly side of the parking lot might not be there following future expansion of the United Mailing Complex. Martin recommended that the proposed berming be required if it is shown on the plan, rather than leaving it to the developer's option based upon availability of fill material on site. He felt that effective screening of the new parking lot was especially important since the lot was a very large uninterruputed mass of blacktop. Ryan moved, seconded by J. Thompson, to recommend approval of United Mailing, Inc. site Plan #84-3 for the building addition and parking lot expansion subject to the following conditions: 1. The exterior materials and color of the proposed building addition shall match the existing building. e 2. A ten (10) foot wide fire access lane with an aggregate surface shall be constructed along the southerly and easterly sides of the building prior to occupancy of the building addition. e Planning Commission Minutes July 25, 1984 Page 7 3. Any landscape plantings destroyed or removed as a result of the construction of the building addition or fire lane shall be replaced/replanted in the building setback area along County Road 17. Additional landscaping shall also be required at the northeasterly corner of the site to screen the "occasional truck dock" from County Road 17 and Park Road (subject to staff review and approval) . 4. The 248 car parking lot shall be surfaced with bituminous and the perimeter finished with concrete box curbing by July 1, 1985. 5. All parking lots shall be striped (painted) upon completion of final surfacing (or resurfacing) to clearly define parking stalls. The proposed 248 car parking lot and the existing lot located on the north side of the building shall be used exclusively for automobile parking, except that occasional use of the proposed new loading dock at the northeast corner of the proposed addition by one semi-trailer shall be permitted. e 6. All parking lot landscaping, including sodding of all berms and flood-plain areas and seeding/mulching of all other graded areas, shall be completed prior to utilization of the expanded parking lot. The landscape screening for the new parking lot should be increased in plant density and rate of growth to provide for more immediate effective screening. The berms shall be as shown on the landscape and grading plan, and shall not be contingent upon the amount of soil available on the site, as indicated on the plan. The applicant and City staff should work out the details for screening/landscaping of this lo~. 7. All exterior lighting fixtures shall be of a high pressure sodium type of the same design as presently existing on the premises. 8. All piping shall be reinforced concrete pipe (RCP) with flared end sections at either end in place of the specified PVC (plastic). 9. The existing ponding area for the small western satellite parking lot already in place shall be incorporated into the larger pro- posed ponding area so that only one outlet is functioning. 10. All permits required by the Watershed District and the Minnesota DNR shall be obtained prior to the commencement of any construc- tion activity. Final design plans for drainage, grading, and the proposed pedestrian bridge shall also be reviewed and approved by the City Engineer. e 11. A petition for easement vacation must be filed prior to formal consideration of the applicant's request by the City Council. However, the parking lot expansion project may proceed upon receipt of the vacation petition, notwithstanding the location of the unused easement. e Planning Commission Minutes July 25, 1984 Page 8 12. No building permit shall be issued for the proposed building addition until the new 248 car parking lot has been constructed with the aggregate surface in accordance with the plan. All voted in favor and the motion carried. Proposed Zoning Ordinance Amendment #84-3 regulating the moving of used buildings into or within the City. Public Present Loren Blackstad Edina, Minnesota Martin explained that this proposed amendment was initiated by the City Council on June 25, 1984 in order to provide the City Council with direct control over the issuance of moving permits, and to provide for the notification of adjacent property owners. - J. Thompson brought out the point that if someone owns a residentially zoned lot within the City, the City does not restrict what kind or style of house that can be built on the lot. He felt that the same rules should apply to all houses, whether they are moved onto the lot or built onsite. The commissioners felt that if the home was struc- turally sound and in good repair, there should be no reason why it could not be moved in. Martin explained that Loren Blackstad had contacted him earlier in the day and expressed concern about the intent of the proposed provision requiring "compliance with the Uniform Building Code substantive requirements for new construction." Mr. Blackstad felt that the literal interpretation of this requirement would lead to an outright prohibition of house moving in Chanhassen, since in most cases an older home would have to be completely gutted and reconstructed from the outside walls inward to meet current plumbing, electrical, and energy codes. Martin said that he had consulted with the City Building Official about this and was advised that Mr. Blackstad was generally correct in his assumption. That is, it would be prohibi- tively expensive in most cases to move an existing home and then com- pletely rebuild it to meet all current code requirements. The Building Official explained that he currently inspects homes which are proposed to be moved into the city to determine whether or not they are struc- turally sound and suited to the proposed site, given the age and loca- tion of other homes in the neighborhood. He requires that all homes moved in be brought up to code where feasible, i.e. attic insulation, handrails, smoke detectors, roofing materials, etc. e Martin suggested modifying the proposed language to read: "All such buildings shall be inspected by the city Building Official prior to the issuance of a moving permit, and shall be structurally sound and in good repair. Said buildings shall be required to comply with Uniform - Planning Commission Minutes July 25, 1984 Page 9 Building Code requirements for new construction to the extent feasible, as determined by the City Building Official". Martin also suggested that a provision be added to the proposed ordi- nance amendment which allows the City to deny a moving permit if the proposed building is determined to be "not in keeping with the character and predominant building style of the surrounding area into which said building is proposed to be moved." The Commissioners felt that the present system of administrative issuance of moving permits was operating smoothly, but agreed that an application fee of $100 should be required to offset the cost to the city of having the Building Official inspect used buildings, espe- cially those located in another City. J. Thompson moved, seconded by Albee to close the public hearing. All voted in favor and the motion carried. e Albee moved, seconded by J. Thompson to recommend that the proposed amendment only provide for the establishment of a $100 application fee to defray the cost of the inspection of the home prior to the issuance of the moving permit, and that the procedure for the issuance of moving permits be entirely administrative. All voted in favor and the motion carried. Approval of Minutes Ryan moved, seconded by J. Thompson, to approve the July 11, 1984 Minutes with the addition of J. Thompson's name on the first item, second paragraph. Ryan and J. Thompson voted in favor. Albee and M. Thompson abstained. Vice-Chairman M. Thompson adjourned the meeting at 10:15 p.m. -