1983 06 08
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PLANNING COMMISSION MINUTES
REGULAR MEETING
JUNE 8, 1983
CITY COUNCIL CHAMBERS
The meeting was called to order by Commissioner Jim Thompson at
7:35 p.m. commissioners present were Jim Thompson, Tom Merz,
Susan Albee and Bill Ryan.
Chairman Ladd Conrad and Commissioner Howard Noziska arrived later.
Absent
commissioner Mike Thompson
Staff Present
Bob Waibel, City Planner
Scott Martin, Community Development Director
Vicki Churchill, Secretary
Public Present
Linda Conner
William Ziegler
Delores Ziegler
Don Dudycha
Fay Dudycha
Robert Wagner
Barbara Wagner
Gene Conner
Roy Symanitz
Ron Symanitz
Roger Ellsworth
Kelly Ellsworth
Jacqueline Lee Mielke
Pat Hanily
Virginia Hanily
James o. Irving
Betty Long
Ken Long
Kay Hegman
Ralph Hegman
Authur Kimber
Carol Regan
Willim Wefung
Claudia Wefung
Allen Putnam
T.L. Cook
Phil Bonthius
George Baer
Nancy Swearingen
Peter Throdahl
Gary M. Hock
Eileen M. Hock
Sharon Anderson
Bill Anderson
Norm Grant
2521 Orchard Lane
6441 Oriole Avenue
6441 Oriole Avenue
6451 Oriole Avenue
6451 Oriole Avenue
2511 Orchard Lane
2511 Orchard Lane
2521 Orchard Lane
1505 Bluff Creek Drive
1505 Bluff Creek Drive
2441 64th Street
2441 64th Street
2830 Washta Bay Road
2660 Orchard Lane
2660 Orchard Lane
2670 Orchard Lane
2631 Forest Avenue
2631 Forest Avenue
6361 Minnewashta Woods Drive
6361 Minnewashta Woods Drive
2820 Lanager Lane
6320 Forest Circle
6350 Minnewashta Woods Drive
6350 Minnewashta Woods Drive
6285 Chaska Road
6351 Minnewashta Woods Drive
2300 Melody Hill
6300 Chaska Road
6250 Chaska Road
6345 Minnewashta Woods Drive
2950 Washta Bay Road
2950 Washta Bay Road
19118 Townline Road
19118 Townline Road
9021 Lake Riley Blvd.
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PLANNING COMMISSION MINUTES
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Application to Amend the zoning Ordinance to allow the adaptive
reuse of Vacant School Buildings for non-educational purposes.
Martin explained that the Minnetonka School District is seeking
an amendment to the Zoning ordinance which will allow the
District to lease space in the Minnetonka West Junior High School
Building to private business concerns. The school was closed
prior to the 1982-83 school year due to declining enrollment.
Since this school property is located in an R-l zoning district,
and is designated for Low-Density Residential Use on the Adopted
City Comprehensive Plan, staff has recommended that the School
District seek an amendment to the R-l zoning regulations to allow
by Conditional Use Permit certain non-educational, private busi-
ness uses of vacant/closed public and private school buildings.
This approach is favored over a rezoning of the property to a
Commercial zoning District, primarily due to its location in
respect to other residentially zoned properties and the potential
for large scale commercial Development of the vacant land on the
site which is presently designed for recreational and open space
uses. Also, the School Board has not approved the sale of the
building and grounds, only the leasin~ of space within the
existing building for the next five-year period. Therefore,
rezoning is not necessary to accomplish the short-term goals of
the School District.
The School Board is seeking City approval of a zoning mechanisim
which will allow the School District to lease multi-use space in
the vacant building to private businesses which are compatible
with the surrounding neighborhood and which make sense given the
structural and spatial limitations of the existing building. For
example, the School District has identified the following types
of uses/businesses as having expressed an interest in leasing
space within the building: non-profit organizations such as the
YMCA and Historical Society (the nyn is interested in leasing the
gymnasium, swimming pool, and locker room areas); a cabinetmaker
would like to lease the woodworking shop area for his business; a
photographer would like to lease a classroom for a photo studio;
a woman who makes fancy candies has expressed interest in leasing
the school kitchen area for her small business; and, several
individuals or small businesses are interested in leasing office
space in the building.
J. Thompson moved, seconded by Albee that the Planning Commission
recommend that the City Council approve the Chanhassen zoning
Ordinance be amended as follows:
Add the following language to Section 7.04 (Uses by Conditional
Use Permit within an R-l District) of the zoning Ordinance:
11. Adaptive Reuse of Surplus or Vacant Public or Private
School Buildings for private business uses, subject to
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PLANNING COMMISSION MINUTES
JUNE 8, 1983
PAGE 3
the following criteria:
a. Only non-Retail Business Uses shall be permitted and
all such uses shall be conducted only within an
existing building; no outdoor storage or other out-
door business activities shall be permitted on the
property except accessory parking and loading, and
existing recreational facilities be used for the
purpose they were designed located on the premises.
b. Exterior alteration except for approved signage,
which indicates from the exterior that the building
is being utilized for other than educational pur-
posed shall be prohibited.
c. No noxious or offensive trades, services or activi-
ties shall be conducted within the building nor
shall anything be done on any site which may be or
become an annoyance or nuisance to the adjoining
neighborhood by reason of unsightliness or excessive
emission of odors, fumes, smoke, vibration, dirt,
dust, glare, wastes or noise.
d. Business identification signage shall be limited to
one Business Directory-type sign which identifies
only the names of businesses located within the
building.
e. Off-street parking spaces shall be provided for each
use in a manner consistent with the minimum parking
requirements of this ordinance for each specific
use. In no case shall any existing parking area be
enlarged unless specifically approved by the
issuance of a Conditional Use Permit.
Vote unanimous, motion carries.
Comprehensive Plan Amendment Request for Lot I and a Portion of
Lot ~ Bardwell Acres, Robert Reutiman.
Chairman Conrad informed the citizens present that the City has
a Comprehensive Land Use Plan which helps set guidelines for
orderly growth and development in the City.
Waibel stated that the purpose of a Comprehensive Land Use Plan
Amendment is to consider the appropriateness of a change in land
use designation for a given property or area. The applicant is
requesting to receive an amendment to change the land use
designation from low density residential to commercial for his
approximate 4.5 acre parcel located in the southwest corner of
the intersection of T.H. 41 and T.H. 7. Staff finds that the
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PLANNING COMMISSION MINUTES
JUNE 8, 1983
P AG E 4
location of this property at the intersection of two major road-
ways with significant traffic volumes and noise as well as other
intrinsic site characteristics gives merit to the use of this
property for commercial purposes as opposed to the presently
planned low density residential use.
Waibel also noted for the record that he had received numerous
calls opposing this request listed as follows:
Oliver and Ann DeGray, 2741 Sandpiper Trail
They are opposed to the Land Plan change for Reutiman especially
to hotel use.
Peter Throdahl, 6345 Minnewashta Woods Drive
continuing encroachment of commercial into a residential area.
Peter Hasnik, 2661 Orchard Lane
Expressed opposition to proposal for reasons that it would
disrupt quiet nature of neighborhood.
John Schumacher, 2841 North Manor
Not opposed to commercial property however opposed to a 3 story
hotel and office conversion.
Chester Butterfield, 2671 Orchard Lane
Expressed opposition to this amendment.
Gene Goddard: In general I'm opposed to a motel there. It seems
to me that you have been asked to rezone something based on a
rather sketchy proposal. I think that as a traveling man I can
conceive of some kind of motels or hotels might be a welcome
addition. Well, might be acceptable, welcome is an overstate-
ment. I don't even know what kind of motel it is.
Chairman Conrad: Right now what we are talking about is should
we really consider having that a commercial intersection. After
that if this group recommends that to the City Council and the
City Council thinks it is appropriate too, then we would get into
some zoning changes. After the zoning changes to commercial we
would get into the real use. Now it may be a hotel, may be a
motel, could be a service station, could be various things within
a zoning category that we would pick for that particular loca-
tion. We can't tell you what the quality of the motel is. The
worst thing for the entire process tonight is to have a picture
of a motel on the board, but that's reality. Tonight we are
saying should that be a commercial intersection.
Bob Wagner: I support the three inch document that you referred
to earlier and your experience on the Board. I am really here to
supplement that tonight with a 1/16 inch document of 120 signa-
tures from residents and act as the spokesman for most of them.
Some of them are here to see that I do my job right. Also, from
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PLANNING COMMISSION MINUTES
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PAGE 5
the standpoint from my recent experience in community activities
out in that area. I illuded to earlier that we have recently
gone through some lengthy discussions with the council on
attempted rezoning of residential in the same area, i.e. the
Baltic Corporation or Cermak property as its known. It brought
from the residential community a great reaction in that they
wanted the area to remain residential. I point to your own
action earlier this evening to maintain the zoning of residential
of the school which is in the same area. You have already in my
interpretation say that based upon that that residential is the
way to maintain things. At the time when I bought my property,
my real estate agent talked with Bob Waibel and talked to the
state and the things that we came up with was that it was definitely
all zoned R-l and there was no intention of changing or grand-
father rights on the Cermak property, that those ran out in about
1990. The state said there was at some point in time to make
Highway 41 a double lane, other than that at that time. Based
upon all that input I and what I saw as a lakeside community in
an R-l area I purchased a home. I didn't think I purchased it on
speculation that the land use would change. I will try to relate
some of the comments of the people who signed this petition which
I will be happy to enter into your records.
Summarized Comments:
1. They want to continue to see a residential community in that
area and they want Chanhassen to support that.
2. They are directing this opposition to the Comprehensive Plan
and not the proposal.
3. They don't support added industrial or shopping in the area,
they don't see a need for it.
4. One business in the area is already bankrupt and we don't
need any more to do the same.
5. On Cermak property which had a Conditional Use Permit, they
still have not landscaped as which was stated in that permit.
6. They do not want to devalue their property.
Allen Putnam: I am against rezoning the property to commercial
because of the extra traffic and noise that it would bring in the
area. I don't not feel it would add to the community in that area.
Nancy Swearingen: One thing that we have to address is that
Shorewood is not single family, it has double housing. The
zoning already is not R-l it is R-2. On the corner of Highway 7
and Chaska Road they are building an office. I feel we need to
address the whole area at once. It is up to Chanhassen not to
bury their head and to say that we are going to remain residen-
tial.
Peter Throdahl: I did call Bob and I could make it tonight. I
think we are looking at the big picture and not just this one
particular piece. I guess I am a little surprised that the
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PLANNING COMMISSION MINUTES
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PAGE 6
question wasn't addressed before in terms of the Comprehensive
Land Plan as to how to deal with that corner if it is such a
major intersection and so right for commercial development. Now
I think you are looking at a spot feel in what I would call an
encroachment into residential area of the development or proposed
development when in fact I think you should be looking at the
whole corner for commercial. I am opposed to that but I think
that is really the question that you have to deal with here.
I would view anything of this sort as a spot development commer-
cial which will simply lead to more commercial. We will be back
here again for the next one on the other five acres and across
the highway, etc.
Bob Reutiman: You changed the property from commercial to resi-
dential it wasn't too long ago. At the time you changed from a
township to a city, 1967. I think that's when they changed it
over, but actual when I bought the property it was commercial and
that is why we are asking at this time for commercial usage.
Somebody said something about industrial, nobody's asking for
anything in industrial. All we are asking for is the ability to
come up with a plan that's best for the property. At that point
then you can say 'we don't like it". Would any of you like to
live on that corner now? No.
Not Identified: I would love that lot up there.
Bob Reutiman: You can have it.
Not identified: Because it was beautiful for alot of houses, but
you didn't do that you dug it out with the sand pit.
Bob Reutiman: Because at that time it was commercial.
Peter Throdahl: In terms of developing the City with the
Comprehensive plan somebody still thought fit to put that in as
residential property and I guess my idea still stands that I
don't see a particular need to change that at this time. My
final comment at the moment is the fact that I do feel we are
encroaching. The Baltic I think was a tough situation, what to
do with the Cermak property, Baltic came along it was finally
p~ssed. I felt at that time it was an encroachment of commercial
into a residential area. If you look at the entire area I think
you would not have to great of difficulty calling it a residen-
tial community. Except for Baltic there is really no hint of
any other commercial except across Highway 7.
Joe Gorecki: I would like to tell you why we put a motel on this
particular drawing. We thought the people of the area would like
it. What we had in mind was a nice good looking motel for out of
town friends, relatives, a lot of businesses that need facilities
to have sales meetings, a lot of ladies like to play bridge and
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PLANNING COMMISSION MINUTES
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PAGE 7
have a nice bridge game, have graduation parties at. Alot of
people would like to be in our area to take advantage of our golf
courses and dinner theatre, instead of going downtown.
Gene Goddard: I've traveled on the road for over thirty years
and as a traveler I think that good hotel motel complexes are
supported by major businesses. The vacationer is not going to
stop, a few maybe as a way spot on the way up north. They aren't
going to stop and stay a week. It's not going to be an attrac-
tion as a vacation spot. To be attractive to a major business
you need more than just a room, you need a restaurant, bar faci-
lities other reasons for being there than just a room.
Bob Wagner: I am responsible for selecting meeting sites for my
business group. We look for the activity in the area, the
uniqueness of fine food and shops for the spouses. I don't
believe that this area would support that kind of activity.
Nancy Swearingen: I'm going to be the heavy with boths sides
with some of my statements. There were a couple of clues for
people when they were building out here that this was a very
active commercial spot. As far as the motel business I know for
a fact that the Hopkins House is going through bankruptcy. If
there is that much money in motel business they aren't making it
half way. I think I'm just going to plead back to Chanhassen to
take a comprehensive look of their own and say what are we going
to do. I'm comfortable if you could put cluster townhouses
there. I think there is intelligent ways to solve or soften this
slip over into commercial and I plead to Chanhassen to do
something like that.
Chairman Conrad: We the Planning Commission and City Council
have to be sensitive to the owners like we would be sensitive to
you hopefully. The area is going to be developed and we are
going to let something happen. I think we could not sell it for
residential because it's not the best residential area, intersec-
tions are typically used for commercial.
Eileen Hock: I wonder if we might ask the group how they feel
about townhouses as an alternative.
Bob Reutiman: Actually this request for a motel was just to open
up discussion. We would like to have input from these people as
to what they would like there.
Chairman Conrad: What we are hearing from them is that there is
another use that they feel better about.
Bob Reutiman:
suggestions.
Other than housing would they please come up with
Because it isn't practical for housing.
Chariman Conrad: Would you say a higher density type townhouse
is not practical at that intersection?
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PLANNING COMMISSION MINUTES
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Eileen Hock: I think some of our problems is not that particular
area. We've seen it happen all up and down Highway 7. We have a
commercial building then the first thing you know the commercial
outfit buys a private home and turns it into commercial. I think
we are all worried even though we are quite a way from this area,
eventually we all going to be commercial.
Arthur Kimber: I think the area along Highway 7 is not suited
for low denisty housing, we have a number of the residences who
have sold and resold because they can't live with the noise and
traffic. I also think that the area should be developed because
it's an exhausted gravel pit and few other things that aren't
paying any tax dollars for the area they take up. Whatever is
put in there we should be careful so that it doesn't get involved
with multiple story buildings.
Peter Throdahl: Why is housing thrown out entirely?
Joe Gorecki: We haven't thrown it out, if the density is right
and the numbers work there is nothing wrong with townhouses.
Peter Throdahl: Has anybody looked at that question?
Joe Gorecki: No. It doesn't make any difference,if there is
something else that is more feasible to put on that piece we are
all for it.
George Hock: My concern is that it can be developed into a resi-
dential area, not private residences, but a residential area that
would meet the approval of everybody.
Kay Hegman: Why don't you have a show of hands to see if these
people would go along with the idea of townhouses or cluster
homes.
Chairman Conrad: We could do that just to get an indication of
your sentiments, those who would like him to pursue the alter-
native of having higher density housing than what is currently on
the Comprehensive Plan, right now it shows it as a low density
area, as opposed to commercial.
Most of the people in attendance agreed that they would rather
see a higher density residential neighborhood than commercial use
in that area.
Nancy Swearingen: I think that you have to reflect what
Shorewood is doing on the same side of the road. I know it's
tough because Shorewood has completely different plans for that
strip than Chanhassen has. They have commercial plans for that
strip and just wanted to address that to you.
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PLANNING COMMISSION MINUTES
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Not Identified: I just happen to think, would the City of
Chanhassen be willing to buy the property and make it into a park
area for the kids. We are kind of limited, we have one picnic
table down there on Highway 7 and that's our park.
Martin: There is a neighborhood park, it's called Herman Field.
It is just to the southwest of this area but I don't think it's
fully developed yet.
William Ziegler: I would like to know about that house just
north of our property (Baltic) how they can rent the property
without a permit?
Martin: We are aware of the situation.
Allen Putnam: Just one final comment, I would request that the
Planning Commission consider the many people who could suffer and
their property values versus the few people who might gain by
this.
Noziska moved, seconded by Albee to close the public hearing, all
voted in favor and the motion carried.
The Commissioners agreed that there were to many questions
unanswered that there are no provisions here; it's not improving
the local neighborhood; there are no provisions for the adjoining
property owners. They felt that they should know what the pro-
perty across the road is planned for by Shorewood and just to
take a look at the entire area.
Noziska moved, seconed by Ryan, to table the item in lieu of the
staff providing us with additional information that we need to
more thoroughly analyze the situation. Vote unanimous, motion
carries.
Final Development Plan Amendment Request, Near Mountain P.R.D.,
Lundgren Brothers, Inc.
Dennis Mulvey, a representative from Near Mountain explained that
the request of the proposal is to amend the Near Mountain Final
Development Plan to construct 31 small lot single family detached
dwelling units in the northeasterly most 7.8 acres previously
approved for 36 quad home units.
Bill and Sharon Anderson were present for this public hearing and
expressed concern of the public hearing that approved the final
development on Near Mountain. They were not even aware of this
proposal and said that they were sure none of their neighbors
knew anything about this. They were also concerned about the
traffic that would be generated from this development.
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PLANNING COMMISSION MINUTES
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PAGE 10
Ryan moved, seconded by Albee, that the Planning Commission
recommend that the City Council approve the final development
plan amendment for the northeasterly most 7.B acres of the Near
Mountain project as proposed with the following conditions:
1. That the roadways are to be constructed to City standards.
2. That the model unit to be constructed not be occupied until
provision of full public improvements to the site have been
initiated, and
3. That proposed covenants and restrictions are subject to City
Attorney approval.
Vote unanimous, motion carried.
Replat of Outlots H and I of Chanhassen Lakes Business Park
(Chanhassen Lakes Business-Park Third Addition)
Michelle Foster a representative of Opus Corporation was in
attendance.
Waibel briefly explained that the proposal is to replat the 113.9
acres contained in Outlots H and I of Chanhasssen Lakes Business
Park into three industrial development sites (Lots 1 and 2, Block
2 and Lot 1, Block 1) and three outlots. Due to the applicants
plan to only construct the street section from County Road 17 to
the easterly line of proposed Outlot B, the only area eligible
for imminent development would be that having improved street
frontage.
Noziska moved, seconded by Jim Thompson, that the Planning
Commission recommend that the City Council approve the prelimi-
nary plat for Chanhassen Lakes Business Park Third Addition as
depicted on the preliminary plat official file copy for Planning
Case B3-4 Subdivision, dated received May 5, 19B3 Chanhassen
Community Development Department with the condition that:
1. The applicant dedicate all drainage and ponding easements as
required by the City Engineer, and
2. That individual lots within the plat are not eligible for
development until such time as extension of full sewer, water
and street improvements have been initiated.
Vote unanimous, motion carried.
Meeting adjourned at 11:13 p.m.