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1984 10 10 . . . PLANNING COMMISSION MINUTES REGULAR MEETING OCTOBER 10, 1984 Members Present Jim Thompson, Susan Albee, Ladd Conrad, Bill Ryan, Howard Noziska and Mike Thompson. Members Absent Tom Merz Staff Present Scott Martin, Community Development Director, Barbara Dacy, City Planner, and Vicki Churchill, Secretary. Public Hearing: Metes and Bounds Subdivision Request #84-19 to create a 10.3 acre parcel and a 39.48 acre parcel on property zoned R-la and located at 9170 Great Plains Blvd., Lawrence Klein, applicant. Public Present Lawrence Klein 9170 Great Plains Blvd. Dacy explained that the applicant is proposing to divide 49.78 acre parcel into two parcels, one containing 10.3 acres and the other 39.48 acres. She stated that staff had no concerns with the proposal; however, the Planning Commission and the applicant should be aware that there were two possible realignments for Trunk Highway 101 which would effect the 10.3 acre site. She stated that the roadway design cannot be determined at this time and wanted to alert the applicant of this in a desire to work with him in the future. J. Thompson moved, seconded by Ryan to close the public hearing. All voted in favor and the motion carried. The Commissioners were concerned if the city had any right to request a right-of-way easement from the applicant. Staff stated that as part of a resubdivision request, such an easement could occur as in the case of the Lake Susan development. It was also stated that the home is so far away from the realignment that it shouldn't affect it. Ryan moved, seconded by Albee to recommend approval of Subdivision Request #84-19 and that staff and the applicant work together to identify the appropriate amount of area to reserved as a road right-of-way easement in the vicinity of the County Road 18 - Trunk Highway 101 intersection. All voted in favor and the motion carried. . Planning Commission Minutes October 10, 1984 Page 2 Public Hearing: Metes and Bounds subdivision Request #84-20 to create four parcels on property zoned R-la and located at 7300 Galin Blvd., Theodore Bentz, applicant. Public Present Irene Song Doug & Theresa Bentz Darleen Bentz Dennis Scholer Al Klingelhutz Dick Lyman Theodore & Marlene Bentz Douglas M. Hanson Mr. & Mrs. Earl Holasek 7200 Galpin Blvd. 77 Thomas Lane, Chaska 7300 Galpin Blvd. 7212 Frontier Trail 8601 Great Plains Blvd. 7300 Galpin Blvd. 17001 Stable Road 4245 Co. Rd. 140, Chaska . Dacy explained that the applicant is proposing to subdivide a 35 acre parcel into two 5 acre parcels, a 6 acre parcel and an 18.85 acre parcel. She stated that a 60 foot easement is pro- posed to serve as an access to the 6 acre parcel between the two 5 acre tracts. She stated that staff's concern is that planning policy has been when 3 or more lots or tracts a preliminary plat and final plat procedure is required. She recommended the appli- cant create some type of cul-de-sac meeting city standards which would provide adequate lot frontage for the landlocked tract in the rear. She also stated that if this proposal is approved as submitted, the 60 foot easement should be relocated along the lot lines between Tracts B (5 acre tract) and D (18 acre tract) to serve the three parcels which would, consolidate accesses, and provide better access for future subdivision. Mr. Klingelhutz spoke for Mr. Bentz. He stated that actually Mr. Lyman is selling 16 acres of land to Mr. Bentz. Mr. Bentz is requesting that the 16 acres be divided into three parcels and stated that was why they felt it could be a metes and bounds sub- division without a plat. Chairman Conrad asked staff to explain. Martin stated that there is a 34.85 acre parcel and when the subdivision is done you have four parcels left because Tract D becomes a separate lot of record. . Mr. Bentz's son-in-law stated that the one of the 5 acre lots was being sold to him and the other going to Mr. Bentz's son. He stated that Mr. Bentz was not going to do anything with Tract C (the six acre tract) and the easement as proposed would be much more convenient for our purpose to have the road in between the t acre parcels instead of going way up by Lyman's land and curve back down. . Planning Commission Minutes October 10, 1984 P ag e 3 K1inge1hutz stated that Mr. Bentz intends to make the 6 acre tract part of his property to the south. Martin suggested that Tract C (6 acre parcel) be recorded with Bentz's property as a single lot of record. He stated that a landlocked parcel would not be created and staff would withdraw their concerns with the proposal. He stated that brief develop- ment agreement (such as in the K1inge1hutz/Rime subdivision) could be executed which would render Tract C unbui1dab1e. If the applicant defaults on the contract, the six acre tract will go back to Mr. Lyman. If Mr. Bentz does not default, the tract would be legally consolidated. He stated that Tract C is not a buildable lot in either case whether Mr. Lyman owns it or Mr. Bentz as long as both parties understand that the development agreement and our city attorney is comfortable with it. H. Noziska moved, seconded by J. Thompson to close the public hearing. All voted in favor and the motion carried. . J. Thompson moved, seconded by Noziska to recommend approval with the condition that Tract C be consolidated with the lot of record to the south owned by Mr. Bentz and subject to a development agreement with the City stating that the subject Tract C is not a buildable lot and should be legally consolidated with Mr. Bentz's property. In case of default, the tract would revert back to Mr. Lyman. The easement between Tracts A and B should be relocated between Tracts Band D for consolidation of access and future resubdivision. All voted in favor and the motion carried. Public Hearing: Land Use Plan Amendment Request #84-4 to change the land use designation of the Hillside Oaks Subdivision from "Residential-Low Density" to "Agricultural", city of Chanhassen, applicant. Public Present A1 K1inge1hutz Brian K1inge1hutz Dacy explained that the City is proposing this land use plan amendment and the MUSA boundary change as part of the proposed land swap which is intended to include Randy Herman's 7.32 acre tract and Electro Craft's 22 acre site in exchange for the exclu- sion of the Hillside Oaks Subdivision which cannot be served by gravity flow sewer service or water service. She stated that the proposed realignment of the MUSA boundary or the land use designation should not affect the proposed subdivision. . J. Thompson moved, seconded by Noziska, to close the public hearing. All voted in favor and the motion carried. . . . Planning Commission Minutes October 10, 1984 Page 4 Albee moved, seconded by Noziska, to recommend approval of the Land Use Plan Amendment #84-4 changing the land use designation of the subjcet parcel from "Residential-Low Density" to "Agricultural", and the revision of the MUSA boundary to exclude the Hillside Oaks Subdivision. All voted in favor and the motion carried. Subdivision Request #84-21: Sketch Plan Review for a 23 lot subdivision on property zoned R-l and located north of Frontier Trail on the west shore of Lotus Lake, Hilloway Corp., applicant. Public Present James Fenning William F. Loeble Donna Smith Jeff Kleiner Applicant 7197 Frontier Trail 606 Carver Beach Road 655 Carver Beach Road Dacy stated that the subdivision proposes 23 lots and a "ring road" concept where an area is reserved as a common area between the two tiers of lots. She stated that the applicant is pro- posing this area as an amenity for the future property owners for privacy and it will serve as an area for drainage retention. She stated that the center area is being proposed as part of the right-of-way, and because of maintenance costs that would be necessary to maintain the lengthy road as well as maintaining the center area she recommended that it be designated as an outlot and conveyed to a homeowner's association. She also added that the applicant is proposing a 26 foot wide paved street for two way traffic and stated that usually a 50 foot right-of-way is required with a 28 foot wide section with concrete curb and gutter on both sides; however, if one way traffic could be achieved, she explained, the right-of-way width and pavement sec- tion could be reduced. She stated that access to the subdivision is proposed by extension of Carver Beach Road and another access point which can be achieved by connection into the Western Hills Third Addition. This would direct ultimately direct traffic onto Kerber Boulevard. She stated that the proposed density and design of the subdivision would not cause an adverse situation for the area to the north of the site. Dacy stated that the City Engineer has identified two requirements which will have to be implemented by the applicant; on site retention and channel sta- bilization of the creek which exists on the northern portion of the plat. She stated that the applicant has indicated a ponding area in the center area toward the eastern edge of the plat. She also stated that all but two lots meet the requirements of the Shoreland Management Ordinance. James Fenning, the applicant, stated that he distributed flyers to most of the surrounding neighbors. He stated that the area is heavily wooded and would like to minimize the grading as much as possible. He stated that he likes the idea of a narrow street e 1. 2. 3. 4. e 5.. 6 . 7. e Planning Commission Minutes October 10, 1984 P ag e 5 with tree a canopy and felt it would be an asset to the City. He doesn't like one way streets because someone has to drive all the way around to get to their home. He stated that he has no problem with an easement along the creek and with above ground drainage. The Commissioners went over the staff recommendations listed below and felt that the applicant should resolve all of the items except #4 (because they felt there should be two way traffic) and except #3 (because they felt a smaller pavement width without curbing on one side would save additional trees). They also recom- mended that the road entering the subdivision have a longer, straighter alignment before separating into the ring road. This was recommended to obtain additional lot depth for the lots which abut the subdivision to the south. Revision of the width of Lots 10 and 14 along the shoreline; The center or common area should be identified as an outlot and conveyed to a homeowner's association for maintenance; If two-way traffic on the ring road is proposed the right-of-way width shall be 50 feet with 28 feet of pavement with curb and gutter on both sides. If one way traffic is desired, the applicant should meet with staff to determine the appropriate right-of-way width and pavement width. Dedication of a 50 foot right-of-way along the western edge of the plat as well as dedication of the 20 foot portion of the property in order to connect to the Carver Beach Road extension. Reservation of appropriate drainage easements for the creek along the north edge of the plat as well as its channel stabilization. On site retention should also be provided. Identification of appropriate easements for water and sewer exten- sions." Sign Permit Request #84-8: Variance to the Sign Ordinance for a wall sign in a residential district, KSMM, applicant. Public Present Lois Voss Wayne Kaplan KSMM KSMM Dacy summarized that KSMM is petitioning for a variance to the sign regulations to locate a wall sign on their transmitter building on the south side of Hwy. 212. She stated that th'e ordinance does not provide for wall signs in residential districts; however, in this case, a wall sign can be permitted. She stated that the ordinance stipulates no wall sign exceed 15% of the wall area and KSMM is requesting a 32 square foot sign which is 25% of the wall area. Complying with the sign ordi- nance, she said, would mean reducing the sign by 12 square feet. . . . Planning Commission Minutes October 10, 1984 Page 6 She also added that the transmitter building was readily visible from the highway and that a sign meeting the requirements should be able to be easily seen by motorists. M. Thompson moved, seconded by Ryan to recommend approval of Sign Variance Request #84-8 for a 32 square foot wall sign to be placed on the KSMM transmitter building located on Highway 212. All voted in favor and the motion carried. The Planning Commission felt that because of the sign's location on the highway and due to the fact that the large transmitter tower is nearby, there would be no adverse impacts created by the sign's size. Approval of Minutes Albee moved, seconded by J. Thompson to approved the minutes of September 26 as written. J. Thompson, Albee, Conrad and Ryan voted in favor and the motion carried. Noziska and M. Thompson abstained. Open Discussion - Keith Bartz's letter Dacy stated that she received a letter from Keith and Carol Bartz to designate Commercial Stables as a Conditional Use in the Proposed R-1B District. She noted that the Bartz's have operated Hollow Haven Farm since 1967; and the proposed zoning Ordinance classifies their property as R-1B, Single Family Detached Residential. The establishment of a commercial stable is not presently accounted for and therefore this use would become non-conforming. Martin stated that the City would have more control with a con- ditional use permit process. He stated that the City needs a mechanism in the ordinance to allow this type of use in this area. The Commissioners felt that because the stable has had a negli- gible impact on the surrounding area, they would want to make the Bartz's property in conformance with the zoning ordinance. Noziska moved, seconded by Albee, to direct staff to change the ordinance to make commercial stables a conditional use in the R-1B District. All voted in favor and the motion carried. Meeting adjourned at 10:00 p.m.