Loading...
1982 07 08 e e e l. 'i,;OVED ON^l::~:1=ts;;j- MINUTES OF THE REGULAR CHANHASSEN PLANNING COMMISSION MEETING HELD JULY 8, 1982 AT 7:30 P.M. CHANHASSEN COUNCIL CHAMBERS Members Present: Chairman Art Partridge, Ladd Conrad, Carol Watson, Jim Thompson and Bill Swearengin. Members Absent: Mike Thompson and Howard Noziska. Staff Present: Bob Waibel, Scott Martin and Becky Foreman The meeting was called to order by Chairman Partridge at 7:30 p.m. Plannin~ Commission Options on the Volk Rezoning Request: No one was in attendance to represent the applicant. Waibel presented the staff report to the Planning Commission indicating that at their last meeting the Commission voted to deny the rezoning of the Merle Volk property from R-IA, Agricultural Residential District to I-I, Industrial, and also directed the staff to examine options available for this request. Waibel presented the following options to the Planning Commission for their review: 1) To amend the R-IA District of Ordinance 47 to include contractors yards and garbage hauling businesses as a permitted or conditional use, 2) to amend 19.13 of Ordinance 47 so that commercial or industrial rezoning proposals on parcels greater than 10 acres in size could be zoned I-I, Industrial, with contractor's yard being a con- ditional use, 3) amend the P-3 and/or the P-4 district provi- sions of Ordinance 47 to include contractor's yards and garbage hauling businesses as a permitted use and to require a P-District plan review, 4) to rezone in accordance with the pro- posed Industrial Office Park standards, 5) create a new district for interim land uses not having public sewer and water service available 6) enforce the penalties for violations of Ordinance 47 as listed in Section 27, or 7) to take no action and ignore the problem. Waibel explained to the Planning Commission the problems with the options proposed. He listed them as follows: 1. The comprehensive land use plan would need to be amended to provide for industrial use of the property or for other non agricultural uses. 2. The property could, in all likelihood, receive certain land use permissions through rezoning prior to the availability of trunk utility service. 3. It would significantly impact the effectiveness of Ordinance 45 through the granting of a variance without any apparent hardship. e Planning Commission Minutes July 8, 1982 P ag e 2 4. Although the location of the property in proximity to land already zoned and or developed for industrial uses indicates that the property is probably suitable for similar use when urban services are available, rezoning on that basis alone would not be sufficient grounds to deny similar requests in the future for other properties zoned R-lA and without public sewer and water service. 5 . If rezoned, substantial screening of improvements may be required to make the property compliant with existing and proposed ordinance screening requirements. In many cases where improvements are made to non-conforming or interum land uses, there is a greater likelihood that that use could be more permanent than anticipated. e Swearengin asked if the staff is recommending to rezone the property to Industrial. Waibel stated that that might be the best solution to the problem other than enforcing Ordinance 47 for a violation. Martin stated that the City should consider rezoned the property to Industrial only if sewer and water service is provided by Chaska, since the Metropolitan Council will not permit Chanhassen to extend sewer to the Volk property even if it were economically feasible to do so. He added that the property owner should be responsible for petitioning the City of Chaska for sewer and water service. Conrad stated that by rezoning the Volk property, the Planning Commission is ignoring the problem that this use is in viola- tion of the ordinance. It was asked why the City Council approved a building permit to replace the building that was destroyed on the property if they knew that the applicant was using the building in violation of the zoning ordinance. Waibel stated that the applicant originally applied for a building permit for an agricultural building is per- mitted in the R-lA district, and the Council wanted to allow the building's roof to be repaired before additional structural damage completely destroyed the building. Martin indicated that one could possibly justify allowing a contractor's yard in an agricultural district, but that a garbage hauling business should not be permitted. Partridge said that before this issue came before the Planning Commission, they had decided to have that area zoned agricultural because sewer and water is not available and should not be used for anything other than agricultural. ~ The Planning Commission reviewed the options presented by staff, including the option of permitteing a contractor's yard as a con- ditional use in an agricultural area. However, they generally felt that a garbage hauling business should be located elsewhere. Martin suggested that applicants requesting a conditional use per- mit for a contractor's yard be required to meet specific standards Planning Commission Minutes July 8, 1982 Page 3 e and locational tests spelled out in the zoning ordinance, such as location along a major thoroughfare (i.e. minor arterial or collector street) and a minimum distance of 1,000-1,500 feet from any dwelling. It was suggested by a Commissioner that garbage hauling operations only be located adjacent to sanitary landfills. The Planning Commission felt that the best solution would be to enforce Ordinance 47, section 27, which deals with violations of the zoning ordinance. It was stated that the applicant knows that he is in violation of the ordinance and that he should be required to comply to its requirements. Partridge stated that the Planning Commission should not amend the ordinance to comply with a use in violation just to make it con- form to the ordinance. e J. Thompson moved, seconded by Watson, to recommend that the City Council review the motion made by the Planning Commission on June 25, 1982 regarding this request which states: The Planning Commission recommends denial of the Volk request for rezoning from R-IA, Agricultural Residential to Industrial because the request is inconsistant with the Comprehensive Plan for the City. J. Thompson also moved to recommend that the City Council enforce Ordinance 47, in accordance with Section 27. Watson, J. Thompson, Partridge, and Swearengin voted in favor. Conrad was opposed. Motion carried. Conrad stated that he would be in favor of amending the zoning ordinance to permit contractor's yards in an R-IA district under a conditional use permit. Review of Draft Zoning Ordinance Amendment Regulating Manufactured Housing Developments (i.e. Mobile Homes): Martin explained that a new zoning district is proposed to allow mobile homes in compliance with a 1982 State Law requiring that mobile homes be allowed in all Minnesota Cities. Martin presented a draft ordinance which provides for two types of manufactured housing developments, 1) for the sale of individual platted lots, and 2) for the rental, lease, or condominium ownership of homesi- tes. Martin stated that the proposed ordinance will prevent mobile homes from locating in conventional single family zoning districts in the city. e Planning Commission Minutes July 8, 1982 Page 4 e Swearengin felt that there are some places in the City for mobile home parks. Watson indicated that she is not against mobile homes, but that she doesn't like the appearance of most mobile home parks. Partridge indicated that he would like to have some comments from the City Attorney before calling a Public Hearing. Watson asked if the Planning Commission should zone specific properties for a manufactured housing district. Martin indi- cated that the ordinance is designed to allow for a manufac- tured housing district, but not necessarily to zone any specific area. He added that the Comprehensive Land Use Plan should be amended to identify specific properties for manufac- tured housing developments if the Commission wants to strictly control their location. Watson indicated that mobile home parks should be required to comply with the same standards as a conventional residential deve- lopment, such as the 15,000 square foot lot size minimum. Martin stated that such a large size lot would likely defeat the purpose of manufactured housing zoning. He explained that mobile homes are usually for people who cannot afford a large home or large lot. e Partridge indicated that most mobile home owners are of a transient nature, there is a tendency of crowding the homes together, there is no internal storage areas and they are usually an instant slum. Martin explained that the proposed ordinance requires accessory storage buildings or garages in order to eliminate the outdoor storage of household items and lawn and garden equipment. Watson questioned whether the community recreation center was necessary. Martin said that it would be an additional amenity for residents of a mobile but would be easily controlled home community and would likely include the required storm shelter facility. Conrad indicated that he would not like to see mobile homes mixed in with standard type homes. He stated that they should be grouped together in a mobile home park or subdivision. Partridge requested that the proposed ordinance include a provi- sion for a storm shelter for the residents living in a mobile home park. Martin pointed out that Community Storm Shelter facilities are required in the proposed ordinance. e Planning Commission Minutes July 8, 1982 Page 5 e Partridge indicated that the history of the placement of mobile homes in this community has been to prohibit all mobile homes by both the City's policies and it's ordinances, and he antici- pates that it will be the same practice in the future. J. Thompson indicated that he feels there is a place for mobile homes in Chanhassen and that the proposed ordinance is good. He stated that the Planning Commission should decide on a mini- mum lot size and establish one specific area for a mobile home park. J. Thompson suggested 9,600 square feet as a minimum lot size for mobile homes. Swearengin stated that he feels that the proposed ordinance is well done and a public hearing should be called for August. He also suggested that the Planning Commission select two or three sites for the mobile home district and ask the City Council for their comments. The Planning Commission discussed the following places as possible mobile home development areas: 1) Lake Susan West and South; 2) South of the American Legion, and; 3) Chaparral East. No pre- ference was established for any of these properties, however. - Swearengin moved, seconded by J. Thompson, to direct staff to order a public hearing for the proposed manufactured housing ordinance, as presented, for the first meeting in August, with the only change being the wording on page one, paragraph two of Section 6.51, where it should read "Residential-Medium Density" rather than "Residential-Low Density". The following voted in favor: Conrad, Swearengin~nd J. Thompson. Partridge and Watson voted against. Motion carried. Partridge indicated that he does not like the proposed ordinance. Watson stated that she does not like the looks of mobile home parks. Martin asked for any suggestions to improve the proposed ordinance. Partridge suggested that the lot size for mobile homes be the same as for conventional type homes. Minutes Swearengin moved, seconded by J. Thompson, to approve the minutes of the June 25, 1982 Planning Commission meeting as presented. The following voted in favor: Partridge, Conrad, Swearengin, and J. Thompson. Watson abstained. Motion carried. - e e e Planning Commission Minutes July 8, 1982 Page 6 Open Discussion Partridge expressed concern regarding the progress on the Planning Commission's work program. Martin said that Zoning Ordinance revisions continue to receive high priority from staff, but that day-to-day operations limit the amount of time available for ordi- nance preparation. It was asked if the Planning Commission could continue on with their work program and start another subject. Martin indicated that if they did, it might take staff away from their work on the zoning ordinance and environmental protection ordinance. Partridge suggested that the Planning Commission read Ordinance 45 for the July 22 meeting in order to start their review without staff assistance. Adjournment Swearengin moved, Watson seconded, to adjourn the meeting at 10:10 p.m. All voted in favor and the motion carried.