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1982 06 25 e MINUTES OF THE REGULAR CHANHASSEN PLANNING COMMISSION MEETING HELD JUNE 25, 1982 AT 7:30 P.M. CHANHASSEN COUNCIL CHAMBERS APPROVED ON "7 -<3 -lSd- _.~ Members Present: Chairman Art Partridge, Bill Swearengin, Ladd Conrad, and Jim Thompson. Members Absent: Carol Watson, Mike Thompson and Howard Noziska Staff Present: Bob Waibel and Becky Foreman The meeting was called to order by Chairman Partridge at 7:35 p.m. Comprehensive Plan Amendment and Rezoning from R-IA to Industrial 8470 Galpin Road, Public Hearing, Merle Volk: Present: Mr. & Mrs. Merle Volk, Mound Avenue, Tonka Bay Jerry Gustafson, 8341 Galpin Blvd Roger Schmidt, 8301 Galpin Blvd Katherine Wyers, 8241 Galpin Blvd Waibel presented the staff report to the Planning Commission. He indicated that the applicant is requesting to amend the Comprehensive Land Use Plan from Agricultural Use to Industrial Use, and also to rezone his property from R-IA, Agricultural Residence District to Industrial. e Waibel explained that the property is located at 8470 Galpin Road about 1,000 feet north of the intersection of Galpin Road and the Chicago and Milwaukee Railroad right-of-way on the West side of Galpin Road. He also explained that the applicant is presently using the property for an excavation business, agricultural, and a garbage fleet operation. Waibel stated that the Land Use Plan has this property designated as agricultural land and is located in the Rural Service Area. Waibel explained that Carver County is planning to extend County Road 18 (Lyman Boulevard) along the applicant's southerly property line within the year. Waibel further explained that with County Road 18 being extended along the applicants pro- perty, it will give the property a much better access for future industrial development. He also indicated that the direct connection to Highway 41 will eliminate the need to use Galpin Road for north/south truck access, thereby reducing traffic through the residential area lying to the north. Waibel stated that the Holasek property, located on the south side of the applicant's property is also suited to limited industrial development because of the similar location and physi- cal characteristics of the property. Waibel indicated that neither of these properties should be zoned industrial until the issue of sewer and water is settled. e e e e Planning Commission Minutes June 25, 1982 Page 2 Waibel explained to the Planning Commission, that at the time the staff report was written, the staff felt that this request should be continued until the July 22 meeting in order to receive input from referral agencies such as the City of Chaska, Metropolitan Council, and the Metropolitan Waste Control Commission regarding this proposal. Waibel further stated that since the time that the staff report was sent to the Planning Commission, referral letters from the City of Chaska, the Soil Conservation Service, Minnegasco, Metropolitan Council, Carver County, and Northwestern Bell have been received by the Community Development Department. Waibel read the letters to the Planning Commission. He stated that the City of Chaska has no objections to this request, and that sanitary sewer and water could possibly be obtained from Chaska for portions of the property. Waibel stated that Minnegasco indicated that they do not currently have gas distribution or transmission facilities to the property, but in the future, the owner could petition for an extension of the gas lines. Waibel read the letter sub- mitted by the Metropolitan Council which indicated that they will not make any formal comments until after the Planning Commission has acted on this request and submitted it for City Council review. Waibel also explained that the Metropolitan Council feels that rezoning this property would not be con- sistent with their policy. Waibel indicated that Northwestern Bell has concerns regarding commercial development on the applicant's property. He explained that the telephone facili- ties in the area are only designed for rural residential and not for commercial; they also stated in their letter that they would require a one year notice to change the service from rural to commercial. Waibel also stated that Carver County indicated that they had no specific comments at this time, but asked to be notified of any further changes. Merle Volk, the applicant, stated that he is requesting to have the western side of his property along the highway to be rezoned for Industrial. He indicated that he is using the property for farming and an excavating business. Volk indi- cated that he feels rezoning this property should be con- sistant with the zoning for the area because he is bordered on 3 sides by industrial uses. J. Thompson asked if Volk should be requesting a Conditional Use Permit instead of rezoning. He also asked Volk if he realized that he was running his excavating business illegally. Volk explained that the City Council requested that he come before the Planning Commission for rezoning. Roger Schmidt, 8301 Galpin Blvd, expressed concerns regarding rezoning the Volk property to industrial. He asked if the property is rezoned, would there soon be a whole strip of industrial in that area. Also he indicated that he did not want sewer and water in the area. e e e Planning Commission Minutes June 25, 1982 Page 3 Jerry Gustafson, 8341 Galpin Blvd, indicated that he likes the Volk property the way it is now. He also stated that he would not like to have any more industrial in the area, or sewer and water. Swearengin moved, seconded by J. Thompson, to close the public hearing. All voted in favor and the motion carried. Schmidt stated that the City has plenty of industrial space, and those areas should be used up before the City designates any more sections to be industrial. He suggested that the Planning Commission issue a conditional use permit for the Volk request. Swearengin felt that an excavation business would not fit into an industrial park. Swearengin indicated that Volk has done a fine job in berming his property and keeping it up, he also indicated that there were no complaints from the neighbors. Conrad indicated that he was not for a rezoning of the pro- perty because the Metropolitan Council is not in favor of the request. Conrad felt that the Planning Commission should table this action to allow time to review the zoning in the area. J. Thompson moved, seconded by Conrad, to recommend to the City Council to deny the Volk request for rezoning from R-IA, Agricultural Residential to Industrial because the request is inconsistant with the Comprehensive Plan for the City, but should allow the applicant the option to return before the Planning Commission at a later date to request a conditional use permit. J. Thompson, Partridge, and Conrad voted in favor, Swearengin voted nay. Swearengin indicated that he would like to table this request and to reveiw the area for future industrial zoning. Schmidt indicated that he would like to see Volk continue his operation, but would not like to see it expand. Conrad moved, seconded by Swearengin, to instruct staff to review options of allowing a use such as an excavation business in an agricultural area. All voted in favor and the motion carried. Variance Request, 608 Flying Cloud Drive, Robert Julius and Don Christy: Present: Don Christy, applicant Waibel presented the staff report to the Planning Commission. He stated that the applicant is requesting to construct a commercial recreational water slide on the northeast corner of the intersection of Highway 212 and Highway 169. He stated that the property is presently vacant, except for one building which was formerly used for an auto sales office. Planning Commission Minutes June 25, 1982 Page 4 e Waibel explained that the applicant will need a variance to Ordinance 45 because there is currently no sewer service to the property. Waibel explained that Ordinance 45 states that no building permits shall be issued for commercial, industrial or multiple residential development unless the proposed deve- lopment site is served with sanitary sewer. Waibel also explained that the property was zoned Commercial in 1972, and that there is currently a conditional use permit issued to the property for the sale of used cars. Waibel stated that commer- cial recreational facilities are not permitted in a C-3, Commercial Service District. Waibel stated that the Planning Commission recommended in April 1982 to have the properties along Highway 169/212, that are presently zoned C-3, be down-zoned to R-IA Agricultural Residence District to reflect the Comprehensive Land Use Plan designation of properties in that area for Agricultural Use. e Waibel indicated that the Planning Commission has two options, they could amend the C-3, Commercial Service District to include commercial recreational facilities with a conditional use permit, or they could amend the R-IA, Agricultural Residence District provisions to include commercial recreational facilities as a conditional use and rezone the property R-IA in accordance with the Comprehensive plan and proposed revised zoning map. Waibel explained that both options would require a variance to Ordinance 45 requirements. Waibel stated that the staff feels the Planning Commission should deny this request for variance based upon the lack of any apparent hardship and the proposal's inconsistency with the purpose and intent of Ordinance 45, the adopted Comprehensive Plan, and the proposed Revised Zoning map for the area. Waibel also stated that a commercial use of this type should only be allowed in the City where there is adequate sewer and water facilities. Don Christy, the applicant, explained that the property is zoned commercial and is also an excellent spot for a water slide because it will be located on a busy road, is close to Valley Fair and the slope of the hill is good. Christy presented pictures of similar slides from other areas in the country. Christy explained that there is a slide in Iowa which is open for 118 days a year; Christy is proposing to have his open for 90 days. Christy explained that the proposed obser- vation deck is for parents to watch their children. Christy indicated that there is presently a septic system on the property. He further stated that the water from the e slide is recycled and cleaned like a swimming pool. Planning Commission Minutes June 25, 1982 Page 5 e Partridge stated that Mr. Sellerud, a property owner in the area, called to state that he is opposed to this request. Christy indicated that the slide would be open between 10 a.m. and 10 p.m. at the latest. Partridge indicated that Ordinance 45 prohibits building any type of structure in an unsewered area. Christy indicated that there is a building already located on the property that he is planning on remodeling. He also indicated that the Planning Commission was working on changing that area back to agricultural zoning. Swearengin asked if the City Council has reviewed the Planning Commission recommendations on down-zoning that sec- tion of property to R-IA, Agricultural Residential. J. Thompson indicated that no decision should be made on this request until they hear how the City Council feels about their recommendation. Waibel indicated that the Comprehensive Plan would have to be amended also. Christy indicated that he has an option on the property and would like to have an answer as soon as possible because it is costing him money to hold onto the property. e Conrad indicated that he would vote against this proposal. He stated that because of the proposed 360 people a day, it would be too much for an area without sewer and water. He indicated he would like to see the slide located closer to Chanhassen's more populated section. Swearengin indicated that he would be willing to consider the request if they used an enclosed system for the sewage. He stated that he would like to see how the City Council feels about the Planning Commission recommendation for the parcel before he decides. Swearengin stated that this is a good spot for this type of use, it faces the south and it is sheltered from the wind. J. Thompson indicated that he agrees with Swearengin. Partridge indicated that he is against this proposal, because there is no hardship with the property or any pressing need to grant a variance. He indicated that the area is not in a sewered area, and cannot be sewered according to the Metropolitan Plan for some time. He also indicated that the intersection that the proposal is near a very dangerous inter- section, and this type of use will only make it worse. - Christy indicated that the adjacent property owners are in favor of this request, but the ones that are farther away are against it. Planning Commission Minutes June 25, 1982 P ag e 6 e Discussion, Environmental Protection Committee Bylaws: J. Thompson explained that the Planning Commission continued the review of the Environmental Protection Committee's (EPC) bylaws at the last meeting because all seven members were not present. J. Thompson indicated he felt that Section 3.1 should read: The committee shall consist of seven (7) voting members. The seven members shall be appointed by the Planning Commission and may be removed by the Planning Commission with reviewal authority by the City Council. Conrad stated that Section 1.1 should be noted. The EPC is not an advisory committee, they are only for the development of an ordinance. J. Thompson moved, seconded by Conrad to revise Section 3.1 of the EPC bylaws to read: The committee shall consist of seven (7) voting members. The seven members shall be appointed by the Planning Commission and ma'l.be removed by the Planning Commission with reviewal authority by the City Council. All voted in favor and the motion carried. Conrad moved, seconded by Swearengin, to adopt the EPC bylaws as revised. All voted in favor and the motion carried. e Minutes Swearengin moved, seconded by J. Thompson, to approve the minutes of the June 10, 1982 Planning Commission meeting as presented. J. Thompson and Swearengin - aye, Partridge and Conrad - abstained. Motion carried. Open Discussion Pending Development Signs - Partridge indicated that the developer could be requested to pay for the signs to be placed on their property indicating what they are requesting. Swearengin indicated that neigh- boring property owners should be made aware of what is being developed in their area. Work Program - Conrad expressed concern that the Planning Commission is falling behind on their work program schedule. He requested that Scott Martin prepare a revised work schedule taking into account his own work load. - e - e Planning Commission Minutes June 25, 1982 P ag e 7 Partridge indicated that the Planning Commission will possibly have to go on with their work schedule and give Martin some more time to work on the zoning ordinance. Partridge requested that staff draft an ordinance for review on mobile homes for their next meeting. Meeting was adjourned at 10:20 p.m.