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3. PUD Amendment to allow transfer of density Preliminary Plat to Subdivide 8.5 Acres into 52 lots and stie plan Approval for 51 owner occupied multi-family unitsC STAFF REPORT PC DATE: 3/1/95 CC DATE: 3/27/95 ' v ' CASE #: 92 -3 PUD Tl • 7 T r H �Q U IJ a I'm �a 1~ 0 �w F- 1"' PROPOSAL: Planned Unit Development Amendment to allow transfer of density, Preliminary Plat to Subdivide 8.5 Acres into 52 Lots and Site Plan Approval for 51 owner occupied multi - family units. LOCATION: APPLICANT: CITY OF CHANHASSH North of Santa Vera Drive, West of Kerber Boulevard and East of Powers Boulevard Mr. Dean R Johnson 8984 Zachary Lane Maple Grove, MN 55369 Mr. Brad Johnson Lotus Realty P.O. Box 235 Chanhassen, MN 55317 PRESENT ZONING: PUD -R12, Planned Unit Development High Density Residential Action bV aty Admhd*&W ACREAGE: 8.5 acres Fn DENSITY: 6 units /acre Mode _'_.___._ Rejecte ) dat ­ -K — I : ADJACENT ZONING Date Jubmitted to Commb taNl AND LAND USE: N - RSF, Single Family _ S - PUD -R12, High Density Residential Aft Submmdd to coin E - PUD -R12, High Density Residential 3 -a -7 -9"S W -R -12, High Density Residential WATER AND SEWER: Available to the Site PHYSICAL CHARACTER: The site has steep slopes on the north and west side of the property. It contains a significant stand of trees. 2000 LAND USE PLAN: High Density Residential a a IVi -ml 111V o r•, , q� rxi ur HU 11HI I A �• , A 4 � E s 22 a a J j t-i a 0 C r r n 0 Oak Ponds March 1, 1995 Page 2 SUMMARY The applicant is requesting preliminary plat and site plan approval to construct a 51 unit multi - family housing project on Outlots E and F. These two outlots were designated as high density sites as part of the Oak Ponds PUD approval. The units are proposed to be owner occupied and to be located on 51 zero lot line parcels. Lot 52 is designated as a common area which staff recommends changing to an outlot. The housing style and density generally falls under the townhome development type buildings. The 8.3 acre site is located north of Santa Vera Drive, west of Kerber Boulevard and east of Powers Boulevard. The gross density is 6.0 units per acre. Access will be provided by two private streets located on community property (Lot 52) and will be designated as an outlot and owned and maintained by a homeowners association. The site is currently zoned PUD -R12, High Density Residential and utilities are available for the area. The replatting of this project was triggered by a Senior Housing Study which was conducted by the City. Approximately five years ago, the City undertook an open -ended study with no preconceived ideas. The results indicated a definite need for senior housing. The City then took this a step further and conducted a Senior Housing feasibility study to ensure the need exists. The results showed a deficiency in senior housing in the Chanhassen area. It also indicated that most elderly are being forced to move out of the City if they can no longer maintain their current homes. The city investigated 13 sites in the city. After two years of investigation, the list was narrowed to three sites (the parcel occupied by Byerly's, the parcel east of Americana Community Bank, and the subject site). The Byerly's site is no longer available, and the parcel adjacent to Americana Community Bank is adjacent to the Twin Cities Western Railroad. There are a minimum of five train trips per day on this line, at different hours of the day and night. The site would be unsuitable for senior housing. The subject site is ideal for senior housing. It is within walking distance from all the amenities within downtown, such as Byerly's, Festival, Target, Senior Center, Post Office, City Center Park, clinics, etc. The city is currently working with Carver County HRA to put a proposal together. This proposal will include 70 units. There has been some concept designs done for the senior housing building. Staff has attached a copy of the sketch. We wish to remind the Planning Commission that this is only a concept and not a final design. If the Planning Commission and City Council approve the transfer of density within the Oak Pond site, the overall total number of units will increase by two units but will remain less than the total number permitted by ordinance. The R -12 district allow 12 units per acre. The overall density for the entire PUD is 9.6 units per acre. There will be less units located within the westerly portion of the site and additional units will be placed on the northeast corner of the site. The current site plan was designed on the basis that grading on the site must be minimized and existing stands of trees on the site must be preserved. There will be two types of buildings designed for this site. Both buildings A and B are two story. Building A is a two Oak Ponds March 1, 1995 Page 3 story unit with full basement walkout and the master bedroom is on the main level It will be used on the steeper portion of the site. Building B which is also a walkout design accommodating the flatter portion of the site. Both units will have vinyl, no maintenance siding and an asphalt shingle roof. Louvers on gable ends and chimneys on building A contrast with overhangs with columns to define the entrances on building B. Gridded vinyl windows with wide trim, columns with trim at base and capital, and optional decks made of treated lumber will be provided. A homeowners association will be established to maintain the site and units and enforce their covenants and restrictions. There are two regulations which influence the development of this site. A PUD contract and R -12 zoning district regulations. The PUD contract has specific conditions which must be followed with the development of each phase of the PUD. The development is also subject to the R -12 zoning district, unless otherwise specified in the PUD contract. The proposed 51 units result in a density of 6.0 units /acre. The impervious surface coverage isr- 35.2%, however, this number does not include Outlot G, which was dedicated to the city as part of the Oak Ponds First Addition. Therefore, the hard surface coverage is not as high as shown. The PUD R -12 zoning district standards permits a maximum of 50 %. The proposed landscaping and tree preservation plan for Oak Ponds is well within the required tree preservation and planting requirements and will not need to supply the site with any more additional plantings than the ones already proposed. Park and trail fees shall be paid in lieu of park land dedication per city ordinance. One -third of the fees shall be paid at the time of final plat, and two - thirds at the time of building permit application. Staff is recommending approval of the application with conditions outlined in the report. BACKGROUND The City Council gave preliminary PUD and Site Plan approval to the "Oaks" development on December 14, 1992. The final plat included 7 outlots and the entire right -of -way for the extension of Santa Vera Drive and Powers Boulevard. The total number of units approved on the site was 209. Outlot A was the first phase of this development. It included 8 buildings, with each building having 8 units. Outlots B and D were replatted into Oak Ponds 2nd Addition. It included 7 buildings for a total of 57 units. This phase included a mixture of 3, 6, 7, 8, 10, and 12 plexes. C L C L 11 LI I J Oak Ponds March 1, 1995 Page 4 SITE PLAN APPROVAL General Site Plan /Architecture The site is 8.5 acres with a gross density of 6.0 units per acre. The 6.0 units per acre is under the allowed PUD density of 12 units per acre and the R -12 ordinance of 12 units /acre. The applicant is proposing to develop this site with 51 owner occupied units. The current site plan was designed on the basis that grading on the site must be minimized and existing stands of trees on the site must be preserved. There will be two types of buildings designed for this site. Both buildings A and B are two story walkouts. Building A is a two story unit with full basement and the master bedroom is on the main level It will be used on the steeper portion of the site verses Building B which is also a walkout design accommodating the flatter portion of the site. Both units will have vinyl, no maintenance siding and an asphalt shingle roof. Louvers on gable ends and chimneys on building A contrast with overhangs with columns to define the entrances on building B. Gridded vinyl windows with wide trim, columns with trim at base and capital, and optional decks made of treated lumber will be provided. A homeowners association will be established to maintain the site and units and enforce their covenants and restrictions. Staff is recommending that the applicant introduce some variation among buildings facing north, through the shape of windows, adding louvers, shifting entry ways, adding dormers, or color. Staff is also recommending the introduction of some elements to the roof design to break up the large spans on building B. PRELIMINARY PLAT /SITE PLAN APPROVAL I Lots/Density The applicant is proposing to subdivide 8.5 acres of property zoned PUD -R12 into 51 zero lot line parcels for townhome units. The property is designated by the Comprehensive Plan as High Density (8 -16 Units /Acre). The subject sites are Outlots D, E, and F from the Oak Ponds PUD and was created as a high density site. This portion was proposed to house rental housing. Through negotiations between the city and the applicant, staff proposed locating senior housing on Outlot D. The applicant was agreeable to this proposal and was willing to revise the plans accordingly. We note that the senior housing proposal is at a preliminary stage and has not received any official approvals. All agencies that will be involved in the future of this project are aware of the progress of it. Original plans showed 121 units to be located within Outlots D, E, and F. The current proposal maintains the same number of units, however, it will transfer densities within the site. This is permitted under the PUD ordinance. Oak Ponds March 1, 1995 Page 5 The lot sizes differ through out the proposal. Lots 1, 4, 5, 6, 7, 14, 15, 19, 20, 21, 22, 25, 26, 27, 44, and 48 have an area of 2,312 square feet. All those lots are for end units of Building A. Lots 2, 3, 8, 9, 12, 13, 16, 17, 18, 23, 24, 45, 46, and 47 have an area of 2,176 square feet. All those lots are for interior units of Building A. Lots 28, 32, 33, 38, 39, 43, 49, and 51 have an area of 1,620 square feet. These lots are for exterior units of Building B. Lots 29, 30, 31, 34, 35, 36, 37, 40, 41, 42, and 50 have an area of 1,512 square feet. These lots are for interior units of Building B. The townhome lots are located within a larger community owned parcel, shown as Lot 52 on the preliminary plat. Lot 52 contains the private streets and open space. Staff is recommending that Lot 52 be changed to Outlot A. This is consistent with any community property which will be owned and maintained by a homeowners association. Also, if it is an outlot, it is clear to all that it can never be built on. The density of the site is 6.0 units /acre (gross). Since it is a townhome development with private streets and mutual open space, the density calculated was gross density rather than the typical net density. The impervious surface coverage of the site is at 35.2 %. The PUD contract stated that the density could not exceed 12 units /acre and that the impervious could not exceed 50 %. As stated previously, this is consistent with the PUD requirements. The townhome units are maintaining a 30' setback form Santa Vera Drive. The 30' setback is from the PUD -R -12 zoning regulations. There are no internal setbacks since the site is serviced internally by a private street. COMPLIANCE TABLE Ordinance Project Proposal Hard Surface Coverage 50% 35.2% Setback from exterior street 30 feet 35 feet Internal Private Streets NA NA Density 12 units 6 units n Oak Ponds March 1, 1995 Page 6 PARKS AND OPEN SPACE Park and trail fees shall be paid in lieu of park land dedication per city ordinance. One -third of the fees shall be paid at the time of final plat, and two - thirds at the time of building permit application. LANDSCAPING/TREE PRESERVATION PLAN The applicant has submitted a Preliminary Tree Survey Plan. One hundred and two trees exist on the Oak Ponds property to be developed. A large majority of those trees exist outside of construction limits and therefore won't be affected by development. Tree protection and erosion control fencing will be installed along the construction limits thereby providing maximum protection for the trees. Within the development area, 24 trees that are in building pads or grading areas will be removed. A total of 9, three to five foot pines and spruces, will be removed and transplanted elsewhere on site. L The applicant will attempt to preserve six large, mature deciduous trees within the construction limits. These include numbers 1 -5 and 81. Grade changes will occur around all of the trees, but significant differences will occur near 81, 1, 4, and 5. Retaining walls will ' be needed near all of these trees for the following reasons. 0 u u [7 u The existing elevation of tree #81 is 989.9, grade changes will produce a 4 foot drop from the roadway approximately 20 feet away. A retaining wall has been proposed along the road and will help minimize any drastic elevation difference. Grading should not occur within the dripline or 15 feet from the trunk, whichever is more feasible. Tree #1 to the west of home #49 also has a significant grade change that will occur within approximately 10 feet of it. A four foot drop from the proposed grad of 998 feet to the tree's existing grade of 994.3 feet will necessitate the construction of a retaining wall. Because of the close proximity of the grading to the tree, it will be very important to maintain as much area as possible at current grade around the tree. A retaining wall placed furthest from the trunk of the tree as possible against the new grade will help minimize the difference. Elevation changes around the rest of the tree's root zone appear minimal. Properly placed tree fencing around the tree's root zone and construction workers' respect for the fencing will make the difference in the ultimate survival of this tree as well as other trees. To the northeast of home #51, tree #4 is at 998.0 feet. The proposed roadway is 10 - 15 feet from the tree and will be at approximately 1002 feet. Again, a retaining wall will be necessary to preserve existing grad within the root zone. Tree #5 has the greatest difference in grades. The tree is at 996.1 feet. The nearby road and parking area is at 1002.5 feet, a difference of 6 feet. A retaining wall built to protect the root zone closest to the road and parking area will help ensure the survival of the tree. To fill in on top of the root zones of any of the trees will cause serious damage and will greatly lessen the chance of survival. Each of the trees will add considerable attractiveness to the site and its landscaping and are very much worth the effort to protect them. Oak Ponds March 1, 1995 Page 7 The city's tree preservation ordinance was passed after the approval of this development. However, under the PUD conditions, Oak Ponds should be held responsible to meet the ordinance requirements. According to their tree survey and landscaping plan, they are well within the required tree preservation and planting requirements and will not need to supply the site with any more additional plantings than the ones already proposed. The following change should be included in the applicant's Conditions of Approval. On sheet 6 of 10, the plans indicate a definition of the construction limit fencing that states "...snow fence shall be constructed to keep all manner construction activity in the canopy area..." The wording should be changed to read "...snow fence shall be constructed to keep all manner construction activity out of the canopy area..." GRADING & DRAINAGE As a result of changing the rental units to the owner - occupied units on the north side of the development, the units are actually pushed further down the hill. This is due to the units actually being longer than the rental -type units. The units on Lots 7 through 14 are extended further down the hill between 10 to 40 feet from the originally approved grading plan (Phase I). The units on Lot 15 through 27 are 10 to 20 feet further down the hill. All of the units are proposed with walkout -type basements to blend in with the existing contours. Staff has met with the applicant previously to discuss minimizing or reducing site grading and tree loss. The applicant has responded positively by moving some of the units around and breaking up the massing a bit. In addition, some of the walkout units will now have 9- or 10 -foot high ceilings in the basement level in order to conform better with the terrain. On some of the units, a block foundation wall may be extended beneath the walkout opening in an effort to reduce retaining walls and the need to grade further on down the hill. This phase is the third and final phase of the project. The site was partially graded and used as a stockpile area for the previous phases. Staff believes that this project will generate excess material that will need to be exported from the site. The applicant shall be required to submit a detailed haul route including a traffic signage plan to the city for review and approval. Site grading will not be permitted until the applicant enters into a PUD agreement with the city and the final plat is recorded at the County. In conjunction with the previous two phases, sedimentation basins have been designed and constructed to pretreat stormwater runoff from the entire development prior to discharging into the wetlands to the north of this development. The storm drainage system has been designed to accommodate the entire development. Individual storm sewer catch basins are proposed to convey runoff from this development into both sedimentation basins. The sedimentation basins were previously constructed in accordance with the City's Surface Water Management Plan (SWMP). The applicant has also paid the necessary SWMP fees with ' Oak Ponds March 1, 1995 ' Page 8 Phase I, therefore, no additional SWMP fees will be required with this phase. Staff will need ' to review the stormwater and ponding calculations to determine if additional catch basins may be needed. The applicant will need to provide the city with updated storm sewer and ponding calculations for the entire site including the two previous phases. The overall storm sewer system should be designed for a 10 -year storm event. Staff reserves the right to require additional catch basins as needed depending on review of the storm sewer calculations. EROSION CONTROL The grading proposes erosion control measures throughout the site. Staff recommends that Type III erosion control fence be installed and maintained along the westerly perimeter of the grading limits adjacent to the wetlands. The remaining erosion control measures adjacent to Santa Vera Drive may be the city's Type I erosion control fence as shown on the plans. Additional erosion control fence may be required behind the south curb line of Kimberly Lane to help minimize erosion into the street and storm sewer system during construction of the units. Erosion control measures and site restoration shall be in accordance with the Best ' Management Practice Handbook. The site shall be immediately reseeded and mulched upon completion of the site grading unless the Best Management Practice Handbook dictates otherwise. ' UTILITIES ' Municipal utilities are available to the site from Santa Vera Drive. The applicant previously installed sanitary sewer and water stubouts for this future phase. This phase along with the other two phases are considered private street and utility improvements and therefore will be maintained by the homeowners' association. The appropriate cross access easements and maintenance agreement will need to be developed and recorded by the applicant. Review of ' the utility construction plans were not fully completed at time of preparing this report. Staff believes only minor modifications will be required after a thorough review by the City's Building and Engineering Departments. Since the utility and street portions of this project as fairly substantial, staff recommends that all utility and street improvements be construction in accordance with the city's latest edition of Standard Specifications and Detail Plates. Upon completion of the improvements, the applicant shall supply the city with as -built drawings. ' The applicant should be required to enter into a PUD agreement with the city and provide the city with the necessary financial security to guarantee installation of the site improvements in ' compliance with the conditions of approval. 0 Oak Ponds March 1, 1995 Page 9 STREETS The street system throughout this phase is considered private. The street shall be built in accordance with the city's private street ordinance which requires a minimum of 24 -foot wide, face -to -face street section built to 7 -ton design standards. Street grades for the private streets fall within the city's ordinance. The city's fire marshal had a concern with Kelly Court since there is no adequate turnaround proposed. The fire marshal has recommended either providing an acceptable turnaround or sprinkling the units beyond 150 feet on Kelly Court Staff has reviewed the driveway alignments throughout the development. It is recommended that the driveway for Units 49, 50, and 51 be separated so Unit 49 has separate driveway access and Units 50 and 51 share a common driveway. Staff believes this will eliminate potential parking conflicts in sharing three units on one driveway. This, however, will result in eliminating two of the parking stalls proposed along the south side of the road. Another set of parking stalls that are of concern are the first two on the left -hand side as you enter the northeasterly access to Kimberly Lane. The northerly parking stall will most likely need a retaining wall built around it to protect an existing oak tree to the north. The plans do not propose any street lighting. The applicant should include street lights along the interior streets and intersections with Santa Vera Drive. The plans should be revised and submitted to staff for review and approval. MISCELLANEOUS The final plat for Oak Ponds 3rd Addition shall dedicate a drainage and utility easement along the easterly 20 feet of Lot 52 for the existing storm sewer line. Landscaping in this 20- foot area should also be modified so as to not be in conflict with the storm sewer line or prohibit access to the stormwater pond. PLANNING COMMISSION UPDATE On March 1, 1995, the Planning Commission reviewed this application and complimented the quality of the proposed development. They all agreed that the transfer of density is acceptable and the northeast corner is suitable for senior housing, however, they would have preferred to see the Senior Building design at the same time they approved the transfer of density. Staff assured the Planning Commission that they will review the site plan application for the senior housing building once a complete application has been made. Some neighbors expressed their concern regarding the proposed development and felt that there was not enough buffering between them. The Planning Commission felt that the existing and proposed vegetation, as well as the pond and wetland, create a natural buffer. They also stated that the distance separating the proposed development from the existing houses located r r Oak Ponds March 1, 1995 Page 10 on Canyon Curve, represent the transition between the developments. Some neighbors pointed out that the footprint of some of the buildings will encroach further north and down the hill than what was shown on plans submitted in 1992. They also realized that the site topography is difficult, therefore, the neighbors requested additional landscaping be added to the north to provide additional buffering. Commissioner Mancino requested tabling action on this item because some of the neighbors ' indicated they had not received notice of the Planning Commission meeting. The Planning Commission indicated that they have reviewed this application and addressed all the concerns. Commissioner Conrad explained that the City Council always holds a public hearing and ' allows the neighbors to speak. To the best of staff's knowledge, a public hearing notice was sent to all neighbors and a copy of the notice is attached to this staff report. ' RECOMMENDATION Staff recommends the City Council adopt the following motion: ' "The City Council approves of an amendment to PUD #92 -3, the preliminary plat to subdivide 8.5 acres into 51 lots and one outlot and Site Plan Review #95 -3 as shown on the ' plans dated February 16, 1995 and February 21, 1995 and subject to the following conditions: ' 1. Change Lot 52 to Outlot A. 2. Amend the PUD Contract to permit the transfer of density within the development of Oak Pond to allow the construction of 70 unit Senior Housing Building. ' 3. The townhome units shall conform to the design and architecture as proposed by the applicant in their attached renderings. Introduce some variation among buildings, through the shape of windows, adding louvers, shifting entry ways, adding dormers and color. Introduce new elements to break up the large roof span on Building B. Utility Meter Boxes (electric, water, gas, etc.) shall be camouflaged by boxes or landscaping. ' 4. The developer shall incorporate street lights into the overall development plans. Street lights shall be placed along the interior streets and intersections with Santa Vera Drive. The plans shall be revised and submitted to staff for review and approval. 5. A cross - access easement shall be conveyed to all the lots for use of the private street ' and utilities. Oak Ponds March 1, 1995 Page 11 6. Park and trail dedication fees shall be paid in lieu of park land dedication as required by ordinance. 7. Plans shall provide one visitor parking space per 6 units. 8. Fencing shall be placed around the stand of trees to minimize impact during construction. Protected trees lost due to construction must be replaced on a 1.2 canopy basis in accordance with a plan approved by staff. 9. Fire Marshal conditions: a. Provide an approved turn - around at the west end of Kelly Court or sprinkler units beyond 150 feet from the intersection of Kelly Court and Santa Vera Drive. b. "No Parking Fire Lane" signs shall be installed along Kimberly Lane and Kelly Court at 75 foot intervals by the applicant. Pursuant to City Policy #06 -1991. C. Turning radii on the private streets shall be approved by City Engineering and Fire Marshal. d. Additional fire hydrants will be required at the east entrance to Kelly lane off Santa Vera Drive, also at the east entrance to Kelly Court off Santa Vera Drive ' and between Lots 29 and 30. e. A ten foot clear space must maintained around fire hydrants. 10. The applicant shall enter into a PUD contract with the city and provide the necessary financial security to guarantee compliance with the terms of the development contract. 11. Building Official recommendations: a. Revise the preliminary grading & erosion control plan to clearly show the lowest floor level elevations, top of foundation elevations and garage floor elevations. This should be done prior to final plat approval. b. Revise the preliminary grading and erosion control plan to show standard designations for dwellings. This should be done prior to final plat approval. C. Submit soils report to the Inspections Division. This should be done prior to issuance of any building permits. d. Revise the preliminary plat to permit the proposed building projections to be built as non -rated components of the building. This should be done prior to final plat approval. Oak Ponds March 1, 1995 Page 12 12. On sheet 6 of 10, the plans indicate a definition of the construction limit fencing that states "...snow fence shall be constructed to keep all manner construction activity in the canopy area..." The wording should be changed to read "...snow fence shall be constructed to keep all manner construction activity out of the canopy area..." 13. Type III erosion control fence shall be installed and maintained along the entire westerly perimeter of the construction limits adjacent to the wetlands. Type I erosion control fence may be used on other areas. The applicant should be aware that additional erosion control may be required behind the curb on the south side of Kimberly Lane. 14. All areas disturbed during site development shall be immediately restored with seed and mulch, sod and /or wood fiber blanket within two weeks after site grading is completed unless the City Best Management Practice Handbook planting dates dictate otherwise. All disturbed slopes of 3:1 or greater shall be restored with sod or seed and wood fiber blanket. In any case, all disturbed areas must be restored before November 15, 1995. 15. The developer shall construct the utility and street improvements in accordance with ' the City's latest edition of Standard Specifications and Detail Plates. The construction plans are subject to a final city review and approval process. Upon completion of the street and utility improvements, the applicant shall supply the city with as- built, mylar drawings. ' 16. The developer shall obtain all of the necessary permits from the Watershed District, DNR, MWCC, Minnesota Department of Health and comply with all conditions of the permits. 17. The developer will be responsible for maintaining the storm sewer sediment basins until the entire development is built out and all areas are fully revegetated. Upon ' completion of the project, the sedimentation basin located in the northeast corner of the site shall be abandoned and the storm sewer extended to the east pond. ' 18. The applicant shall provide the city with updated drainage and ponding calculations for the entire development including Phases I and U. The storm sewer shall be designed for a 10 -year storm event. The applicant shall document that the existing ' storm sewers are capable of the additional runoff from Phase III. The city may require additional catch basins pending review of the final storm sewer calculations. 19. The applicant will be responsible for restoration of the city's boulevard along Santa Vera Drive. Security shall be included in the PUD agreement to guarantee boulevard restoration. Oak Ponds ' March 1, 1995 Page 13 ' 20. Kelly Court shall provide an acceptable turnaround to the fire marshal or all units beyond 150 feet within Kelly Court shall be sprinklered. ' 21. Landscaping shall be rearranged along the east lot line of Lot 52 in a fashion that will allow access to the easterly ponding area by city maintenance crews. ' 22. The final plat shall dedicate drainage and utility easements over Lot 52 for wetlands and the stormwater retention ponds up to the 100 -year flood level. In addition, a 20- , foot wide drainage and utility easement shall be dedicated on the final plat along the east lot line of Lot 52. 23. The applicant shall submit to the city for review and approval haul routes for exporting of material from the site. 24. All of the utility and street improvements will be privately owned and maintained by the homeowners' association. The covenants /association bylaws shall incorporate language notifying the homeowners of this responsibility. 25. The driveway access to Lot 49 shall be separated from Lots 50 and 51. 26. The Lighting shall meet the maximum intensity permitted by ordinance at the property boundaries. All light fixtures must be directed on site. No light fixture may shine directly onto adjacent properties located to the north. 27. The size of decks shall be limited to 80 square feet. 28. Conservation easement shall be established beyond 30 feet of the rear of the buildings along the north side of the development. 29. Fencing for screening is not allowed within the development. 30. The applicant shall provide additional landscaping to account for the expansion of the footprint down the hill and to provide additional vegetation in areas acceptable to staff. 31. The City Forester will visit the site during high impact construction season. 32. Preliminary plat shall be public noticed for the City Council meeting." I Oak Ponds March 1, 1995 Page 14 ATTACHMENTS 1. Reduced concept PUD. 2. Location of unit on lot. 3. Memo from Dave Hempel dated February 24, 1995 4. Memo from Steve Kirchman dated February 21, 1995. 5. Memo from Mark Littfin dated February 22, 1995. 6. Senior Housing Concept Plan. 7. Notices to property owners. 8. Planning Commission minutes dated March 1, 1995. 9. Plans dated February 16 and February 21, 1995. � / •a�w I — wa�w ) ct •o>,t -� ary 3.s.da.s utano� F z� I 0,4,K PQ NP5 3RO ADV vrioN � PAN H ,p. 4 � M if.J I / FR0�1 T U N ET 127 ' 44 - 46 Unr� locah� WilhiI7 lot - PRbP�RT�f l.►N� But�D�r1C� I 1 �--- PRG L19 pu�l�Dtt1C� FqV NT U N 1 26-43 - 1 5 - 1 t"=,201 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Sharmin Al -Jaff, Planner II FROM: Dave Hempel, Assistant City Engineer AW DATE: February 24, 1995 SUBJ: Review of Preliminary Plat for Oak Ponds 3rd Addition Project No. 95 -7 Upon review of the preliminary plat documents prepared by Meadowood Engineering, dated September 30, 1994, revised February 15, 1995, I offer the following comments and recommendations: GRADING & DRAINAGE As a result of changing the rental units to the owner -occ development, the units are actually pushed further down the being longer than the rental -type units. The units on Lot down the hill between 10 to 40 feet from the originally a units on Lot 15 through 27 are 10 to 20 feet further down t with walkout -type basements to blend in with the existing spied units on the north side of the hill. This is due to the units actually 7 through 14 are extended further proved grading plan (Phase I). The to hill. All of the units are proposed Staff has met with the applicant previously to :discuss minimizing or reducing site grading and tree loss. The applicant has responded positively by moving some of the units around and breaking up the massing a bit. In addition, some of the walkout units will now. have 9- or 10- foot high ceilings in the basement level in order to conform better with the terrain. On some of the units, a block foundation wall may be extended beneath the walkout opening in an effort to reduce retaining walls and the need to grade further on down the hill. This phase is the third and final phase of the project. The site was partially graded and used as a stockpile area for the previous phases. Staff believes that this project will generate excess material that will need to be exported from the site. The applicant shall be required to submit a detailed haul route including a traffic signage plan to the City for review and approval. Site grading will not be permitted until the applicant enters into a PUD agreement with the City and the final is recorded at the County. MEMORANDUM �J C J Sharmin Al -Jaff February 24, 1995 Page 2 In conjunction with the previous two phases, sedimentation basins have been designed and constructed to pretreat stormwater runoff from the entire development prior to discharging into the wetlands to the north of this development. The storm drainage system has been designed to accommodate the entire development. Individual storm sewer catch basins are proposed to convey runoff from this development into both sedimentation basins. The sedimentation basins were previously constructed in accordance with the City's Surface Water Management Plan (SWMP). The applicant has also paid the necessary SWMP fees with Phase I, therefore, no additional SWMP fees will be required with this phase. Staff will need to review the stormwater and ponding calculations to determine if additional catch basins may be needed. The applicant will need to provide the City with updated storm sewer and ponding calculations for the entire site including the two previous phases. The overall storm sewer system should be designed for a 10 -year storm event. Staff reserves the right to require additional catch basins as needed depending on review of the storm sewer calculations. EROSION CONTROL The grading proposes erosion control measures throughout the site. Staff recommends that Type III erosion control fence be installed and maintained along the westerly perimeter of the grading limits adjacent to the wetlands. The remaining erosion control measures adjacent to Santa Vera Drive may be the City's Type I erosion control fence as shown on the plans. Additional erosion control fence may be required behind the south curb line of Kimberly Lane to help minimize erosion into the street and storm sewer system during construction of the units. Erosion control measures and site restoration shall be in accordance with the Best Management Practice Handbook. The site shall be immediately reseeded and mulched upon completion of the site grading unless the Best Management Practice Handbook dictates otherwise. I UTILITIES I � Municipal utilities are available to the site from Santa Vera Drive. The applicant previously installed sanitary sewer and water stubouts for this future phase. This phase along with the other two phase are considered private street and utility improvements and therefore will be maintained by the homeowners' association. The appropriate cross access easements and maintenance agreement will need to be developed and recorded by the applicant. Review of the utility construction plans were not fully completed at time of preparing this report. Staff believes only minor modifications will be required after a thorough review by the City's Building and Engineering Departments. Since the utility and street portions of this project as fairly substantial, staff recommends that all utility and street improvements be construction in accordance with the City latest edition of Standard Specifications and Detail Plates. Upon completion of the improvements, the applicant shall supply the City with as -built drawings. The applicant should be required to enter into a PUD agreement with the City and provide the ' City with the necessary financial security to guarantee installation of the site improvements in compliance with the conditions of approval. Sharmin Al -Jaff February 24, 1995 Page 3 STREETS The street system throughout this phase is considered private. The street shall be built in accordance with the City's private street ordinance which requires a minimum of 24 -foot wide, face -to -face street section built to 7 -ton design standards. Street grades for the private streets fall within the City's ordinance. The City's fire marshal had a concern with Kelly Court since there is no adequate turnaround proposed. The fire marshal has recommended either providing and acceptable turnaround or sprinkling the units beyond 150 feet on Kelly Court. Staff has reviewed the driveway alignments throughout the development. It is recommended that the driveway for Units 49, 50, and 51 be separated so Unit 49 has separate driveway access and Units 50 and 51 share a common driveway. Staff believes this will eliminate potential parking conflicts in sharing three units on one driveway. This, however, will result in eliminating two of the parking stalls proposed along the south side of the road. Another set of parking stalls that are of concern are the first two on the left -hand side as you enter the northeasterly access to Kimberly Lane. The northerly parking stall will most likely need a retaining wall built around it to protect an existing oak tree to the north. The plans do not propose any street lighting. interior streets and intersections with Santa submitted to staff for review and approval. MISCELLANEOUS The applicant should include street lights along the Vera Drive. The plans should be revised and The final plat for Oak Ponds 3rd Addition shall dedicate a drainage and utility easement along the easterly 20 feet of Lot 52 for the existing storm sewer line. Landscaping in this 20 -foot area should also be modified so as not be in conflict with the storm sewer line or prohibit access to the stormwater pond. RECOMMENDED CONDITIONS OF APPROVAL 1. Type III erosion control fence shall be installed and maintained along the entire westerly perimeter of the construction limits adjacent to the wetlands. Type I erosion control fence may be used on other areas. The applicant should be aware that additional erosion control may be required behind the curb on the south side of Kimberly Lane. 2. All areas disturbed during site development shall be immediately restored with seed and mulch, sod and/or wood fiber blanket within two weeks after site grading is completed unless the City Best Management Practice Handbook planting dates dictate otherwise. All disturbed slopes of 3:1 or greater shall be restored with sod or seed and wood fiber blanket. In any case, all disturbed areas must be restored before November 15, 1995. 3. The developer shall construct the utility and street improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. The construction plans ' Sharmin Al -Jaff February 24, 1995 Page 4 ' are subject to a final City review and approval process. Upon completion of the street and utility improvements, the applicant shall supply the City with as- built, mylar drawings. ' 4. The developer shall obtain all of the necessary permits from the Watershed District, DNR, MWCC, Minnesota Department of Health and comply with all conditions of the permits. 5. The developer shall incorporate street lights into the overall development plans. Street lights shall be placed along the interior streets and intersections with Santa Vera Drive. The plans shall be revised and submitted to staff for review and approval. 6. The developer will be responsible for maintaining the storm sewer sediment basins until the entire development is built out and all areas are fully revegetated. Upon completion of the project, the sedimentation basin located in the northeast corner of the site shall be abandoned and the storm sewer extended to the east pond. 7. The applicant shall provide the City with updated drainage and ondin calculations for pp P Y P g P g the entire development including Phases I and II. The storm sewer shall be designed for a l0 -year storm event. The applicant shall document that the existing storm sewers are capable of the additional runoff from Phase III. The City may require additional catch basins pending review of the final storm sewer calculations. 8. A no parking restriction shall be designated along Kelly Court and Kimberly Lane. The ' appropriate no parking restriction /sign shall be placed in the private service drive in accordance with the Minnesota Manual on Uniform Traffic Control. ' 9. The applicant will be responsible for restoration of the City's boulevard along Santa Vera Drive. Security shall be included in the PUD agreement to guarantee boulevard restoration. ' 10. Kelly Court shall provide an acceptable turnaround to the fire marshal or all units beyond 150 feet within Kelly Court shall be sprinklered. t 11. Landscaping shall be rearranged along the east lot line of Lot 52 in a fashion that will allow access to the easterly ponding area by City maintenance crews. 12. The final plat shall dedicate drainage and utility easements over Lot 52 for wetlands and the stormwater retention ponds up to the 100 -year flood level. In addition, a 20 -foot wide ' drainage and utility easement shall be dedicated on the final plat along the east lot line of Lot 52. ' 13 The applicant shall submit to the City for review and approval haul routes for exporting of material from the site. Sharmin Al -Jaff February 24, 1995 Page 5 14. All of the utility and street improvements will be privately owned and maintained by the homeowners' association. The covenants /association bylaws shall incorporate language notifying the homeowners of this responsibility. 15. The applicant shall enter into a PUD agreement with the City and provide the necessary security to guarantee compliance with the conditions of approval. 16. The driveway access to Lot 49 shall be separated from Lots 50 and 51. jms c: Charles D. Folch, Director of Public Works /City Engineer Diane Desotelle, Water Resources Coordinator gAe ng\da ve\m e m os\oak3. ppr t t MEMORANDUM CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Sharmin Al -Jaff, Planner II FROM: Steve A. Kirchman, Building Official. (�-k DATE: February 21, 1995 SUBJECT: 92 -3 PUD (Oak Ponds, 3rd I was asked to review the proposed planned unit c OF CHANHASSEN, RECEIVED, FEB 16 1995, above referenced project. Analysis: Elevations. Proposed lowest elevations are required in i Engineering Departments. VA instances to what elevation t level elevations, top of fo to insure adequate plan some of this information amendment plans stamped "CITY SEN PLANNING DEPT." for the ition elevations and garage floor iew by the Public Safety and rovided, it is not clear in many Dwelling Type. The proposed type of dwelling designations are necessary to enable the Inspections Division, Planning Department and Engineering Department to perform a satisfactory plan review of the structure at the time of building permit issuance. Standard designations (FLO or RLO, R, SE, SEWO, TU, WO) must be used for proposed dwelling types. These standard designations lessen the chance for errors during the plan review process. I have included the 1993 memo which lists and explains these designations. Soils Report. In addition, a soils report showing details and locations of house pads and verifying suitability of natural and fill soil is required for plan review purposes. Sharmin Al -Jaff February 21, 1995 Page 2 Dwelling Construction Requirements. In order to adequately review the proposed subdivision details on the proposed dwelling must be supplied. Construction requirements vary depending on the distance to the property line. These requirements regulate type of construction, openings and projections. Drawings showing the dimensions of each different type of dwelling, overhangs, wall openings and proposed optional additions (decks, porches, etc.) must be submitted. Proposed Plat. A proposed plat was not included in the submitted documents. Plan review by the Inspections Division cannot be done without knowledge of the proposed lot dimensions. Recommendations: The following conditions should be added to the conditions of approval. 1. Revise the preliminary grading & erosion control plan to clearly show the lowest floor level elevations, top of foundation elevations and garage floor elevations. This should be done prior to final plat approval. 2. Revise the grading plan to show standard designations for dwellings. This should be done prior to final plat approval. 3. Submit soils report to the Inspections Division. This should be done prior to issuance of any building permits. 4. Furnish details on each size of dwelling unit. These details should include exterior dimensions, overhangs, exterior openings and proposed optional additions. Designate which unit will be constructed on which lots. These details should be supplied prior to preliminary plat approval. 5. Provide a copy of the preliminary plat. Review for presentation to the planning commission cannot be commenced until this condition is met. enclosure: 1/29/93 Dwelling Type Designation memo g: �safety\sak \nemos\planbakpnds3.sj 1 L1 � I J C CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Inspections, Planning, & Engineering Staff FROM: Steve A. Kirchman, Building Official )�-cr. DATE: January 29, 1993 SUBJ: Dwelling Type Designation We have been requesting on site plan reviews that the developer designate the type of dwelling that is acceptable on each proposed lot in a new development. I thought perhaps it might be helpful to staff to explain and diagram these designations and the reasoning behind the requirements. FLO or RLO Designates Front Lookout or Rear Lookout. This includes dwellings with the basement floor level approximately 8' below grade at its deepest with the surrounding grade sloping down to approximately 4' above the basement floor level. R Designates Rambler. This includes dwellings with the basement floor level approximately 8' below grade with the surrounding grade approximately level. This would include two story's and many 4 level dwellings. SL Designates Split Fury. This includes dwellings with the basement floor level approximately 4' below grade with the surrounding grade approximately level. SEWO Designates Split Entry Walk Out This includes dwellings with the basement floor level approximately 4' below grade at its deepest with the surrounding grade sloping down to lowest floor level. TU Designates Tuck Under. This includes dwellings with the basement floor level approximately 8' below grade at its deepest with the surrounding grade sloping down to the lowest floor level in the front of the dwelling. WO Designates Walk Out This includes dwellings with,the,basement floor level approxmately 8' below grade at its deepest with the surrounding grade sloping down to the lowest floor level in the rear of the dwelling. ' TU ( R SEWO WO FLO - - - - -- 5E -- , - - - - -- OFRLO r — r —— Inspections staff uses these designations when reviewing plans which are then passed to the engineering staff for further review. Approved grading plans are compared to proposed building plans to insure compliance to approved conditions. The same designation must be used on all documents in order to avoid confusion and incorrect plan reviews. en PRINTED ON RECYCLED PAPER CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Sharmin Al -Jaff, Planner H FROM: Mark Littfin, Fire Marshal DATE: February 22, 1995 SUBJ: Oak Pond 3rd Addition I have reviewed the proposed 3rd Addition for 1. Provide an approved turn- arouni to Santa Vera Drive. 2. "No Parking Fire Lane" signs Court at 75 foot intervals. Pur 3. Turning radius must be approv 4. Additional fire hydrants will b Santa Vera Drive, also at the e and between Lots 29 and 30. 5. A ten foot clear cnace mist mai &\safety\mMakpondle Ponds and have the following requirements: e west end of Kelly Court or provide access will be installed along Kimberly Lane and Kelly suant to City Policy #06 -1991. ed by City Engineering and Fire Marshal. e required at the east entrance to Kelly lane off ast entrance to Kelly Court off Santa Vera Drive hydrants. COMMUNITY 1 B R 1 B R 1 B R 1 B R N SPACE UP i ❑ � w ATRIUM w rl N VEST, ENTRY t EXIT --4 PARKING — 70 CARS NEWHEURNOWN T = 30' -0' c IFIV MASSEN SEMOR HOUSING iNG ( I I A\I l AtiSl' \_ X114 NOVEMBE 70 UNIT CONGREGATE HOUSING 1 994 4 1BR UNITS 4 UNITS TOTAL CONCE7PT mm ' auttatMrtun 0 a 1BR 1BR 1BR N ATR i L OFF, i LOBBY VEST, N TR. LOUNGE 1BR GUEST SUITE 1BR 1BR N 1BR +D [ a 1BR STAIR 1BR +D 11BR +D LEVEL 1 PLAN mm 12 1BR UNITS S 1BR +D UNITS 1 2BR UNIT 18 UNITS TOTAL �.. =( I I • \\ } I AM} \ S1- OR I IOUIII \0 ( I I A\ I I Atitil \. Z11\ C ONGREGATE 70 UNIT • N OVEMBER ... > 0 1Df T1J UINi I S 1 2BR UNIT sMEN nOrs LOW ( I I A\ I I ASShlN SEMOR HOUSING l I AN I I AtiS h!N . UN 70 UNIT CONGREGATE HOUSING 3 NOVEMBER 1994 20 UNITS TOTAL 182' -6" 900 + SF 1BR 1BR 1BR 1BR 1BR N ' STAIR 13 1BR UNITS 6 1BR +D UNITS 1 2BR UNIT ' 1BR +D 1BR +D 20 UNITS TOTAL ' 19' -2" 72' -20 91'-2"- LEVEL 3 PLAN 1' a 30' -0' CHANHASSEN SE\\HOR HOUSING C HMHAMEN9 MN 70 UNIT CONGREGATE HOUSING ' 3 NOVEMBER 1994 cV N ' iBR +D 875 SF ST ❑. -j *LOUNG ' N TR, 1BR 1BR +D 910 SF 720 SF 1BR 1BR El. 1BR 1BR 1BR +D 1BR ' STAIR 13 1BR UNITS 6 1BR +D UNITS 1 2BR UNIT ' 1BR +D 1BR +D 20 UNITS TOTAL ' 19' -2" 72' -20 91'-2"- LEVEL 3 PLAN 1' a 30' -0' CHANHASSEN SE\\HOR HOUSING C HMHAMEN9 MN 70 UNIT CONGREGATE HOUSING ' 3 NOVEMBER 1994 cV N � LEVEL 4 PLAN UJIMANTHASSEN SENIOR HOUSING ( I I A\ 1 I • \SI \. \ 1N 70 UNIT CONGREGATE HOUSING 3 NOVEMBER 1 994 8 UNITS TOTAL. 0 1D1\ VIV1 I J 8 1BR +D UNIT March 14, 1995 Dear Property Owner: CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 This letter is to notify you that the public hearing for the following item has been scheduled in front of the City Council on Monday, March 27, 1995, at 7:30 p.m.: PROPOSED PLANNED UNIT DEVELOPMENT AMENDMENT for Dean R. Johnson Construction for the reallocation of density to include 51 townhouses and 70 senior housing units and site plan review of the townhouse units for the Oak Ponds 3rd Addition located north of Santa Vera Drive S:v CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 February 3, 1995 Dear Property Owner: This letter is to notify you that the public hearing for the following item was advertised and subsequently has been rescheduled to the Planning Commission meeting on Wednesday, March 1, 1995, at 7:00 p.m. PROPOSED PLANNED UNIT DEVELOPMENT AMENDMENT for Dean R. Johnson Construction for the reallocation of density to include 51 townhouses and 70 senior housing units and site plan review of the townhouse units for the Oak Ponds 3rd Addition located north of Santa Vera Drive; Should you have any questions, please feel free to contact me. Sincerely, Sharmin Al -Jaff Planner H S:v January 20, 1995 Dear Property Owner: CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 This letter is to notify you that the public hearing for the following item was advertised and subsequently has been rescheduled to the Planning Commission meeting on Wednesday, February 15, 1995, at 7:00 p.m. PROPOSED PLANNED UNIT DEVELOPMENT AMENDMENT for Dean R. Johnson Construction for the reallocation of density to include 51 townhouses and 70 senior housing units and site plan review of the townhouse units for the Oak Ponds 3rd Addition located north of Santa Vera Drive; S:v ENTERPRISE PROPERTIES TIMOTHY J & JOAN BODE KARL & MARY ROLLAR 11900 WAYZATA BLVD #208 785 SANTA VERA 7550 CHIPPEWA TRAIL MINNETONKA MN 55343 -5358 CHANHASSEN MN 55317 CHANHASSEN MN 55317 DAVID & DEBRA RUGG 7560 CHIPPEWA TRAIL CHANHASSEN MN 55317 CURRENT RESIDENT 7570 CHIPPEWA TRAIL CHANHASSEN MN 55317 KIP A HANSON 7580 CHIPPEWA TRAIL CHANHASSEN MN 55317 JEFFREY GJERSVIK 7591 CHIPPEWA TRAIL CHANHASSEN MN 55317 THEODORE LUGOWSKI 7571 CHIPPEWA TRAIL CHANHASSEN MN 55317 SHELARD PLAZA COMPANY CURRENT RESIDENT SHELARD DEVELOPMENT CO 751 CHIPPEWA CIRCLE 1025 SHELARD TOWER CHANHASSEN MN 55317 ST LOUIS PARK MN 55426 CURRENT RESIDENT 7520 CHIPPEWA TRAIL CHANHASSEN MN 55317 TIMOTHY & DANA BOLLIG 7540 CHIPPEWA TRAIL CHANHASSEN MN 55317 ROBERT REYNOLDS 760 .SANTA VERA DR CHANHASSEN MN 55317 ECKANKAR P O BOX 27300 NEW HOPE MN 55427 DALE & BETH LARSON 7590 CANYON CURVE CHANHASSEN MN 55317 MICHAEL & MARY HENKE 7560 CANYON CURVE CHANHASSEN MN 55317 GREGG & MICHELLE GESKE 7530 CANYON CURVE CHANHASSEN, MN 55317 -9033 HANS & MAVIS SKALLE 780 SANTA VERA DR CHANHASSEN MN 55317 MICHAEL & JULIE LINDELIEN 7610 CANYON CURVE CHANHASSEN MN 55317 GREG & CYNTHIA HROMATKA 7580 CANYON CURVE CHANHASSEN MN 55317 TIMOTHY J ANDERSON 7550 CANYON CURVE CHANHASSEN MN 55317 KELLY REDLIN 7520 CANYON CURVE CHANHASSEN MN 55317 ROBERT M STARK 725 SANTA VERA DR CHANHASSEN MN 55317 DAVID LEMKE 7500 CHIPPEWA TRAIL CHANHASSEN MN 55317 BRIAN & DIANE LIPSIUS 740 SANTA VERA DRIVE CHANHASSEN MN 55317 JOSEPH PERTTU 790 SANTA VERA DR CHANHASSEN MN 55317 KENNETH WOLTER 7600 CANYON CURVE CHANHASSEN MN 55317 JACK & DIANE THIEN 7570 CANYON CURVE CHANHASSEN MN 55317 DAVID & JANE CALLISTER ' 7540 CANYON CURVE CHANHASSEN MN 55317 ROBT & KATHERINE BOHARA 7510 CANYON CURVE CHANHASSEN MN 55317 CRAIG & JANE JOHNSON 7500 CANYON CURVE CHANHASSEN MN 55317 DAVID & KAREN BRAMOW 7490 CANYON CURVE CHANHASSEN MN 55317 SCOTT A DILLON 7480 CANYON CURVE CHANHASSEN, MN 55317 ' Johansson Builders Inc. 7470 Canyon Curve Chanhassen, MN 55317 -9033 JEFFREY & RONDA HIGGINS 7541 CANYON CURVE CHANHASSEN MN 55317 LYNN LORD 7531 CANYON CURVE CHANHASSEN MN 55317 ' JAMES & PATRICIA ANN RUSS NICK & SUSAN WIERZBINSKI MARK & CINDY SCHALLOCK 7521 CANYON CURVE 7511 CANYON CURVE 7501 CANYON CURVE ' CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 ' MARK CVETNIC 7491 CANYON CURVE CHANHASSEN MN 55317 ' West Village Townhouses P. O. Box 88 Rosemount, MN 55068 -0088 JEFF & S MCCOSKEY 7481 CANYON CURVE CHANHASSEN MN 55317 RICHARD S BROSE ETAL C/O T F JAMES COMPANY P O BOX 24317 MINNEAPOLIS MN 55424 JOHN M III & JEAN LINFORTH 7471 CANYON CURVE CHANHASSEN MN 55317 Laura Lusson 7669 Nicholas Way Chanhassen, MN 55317 1 Donna Rfaff ' 7671 Nicholas Way Chanhassen, MN 55317 Current Resident 7659 Nicholas Way ' Chanhassen, MN 55317 ' Alan P. Lee 7705 Nicholas Way ' Chanhassen, MN 55317 Deborah Scott 7673 Nicholas Way Chanhassen, MN 55317 William & Maryanne Hagemann 7663 Nicholas Way Chanhassen, MN 55317 Jeanne Etem 935 Santa Vera Drive Chanhassen, MN 55317 Mark & Sandra Berger 923 Santa Vera Drive Chanhassen, MN 55317 Patricia Hauck 915 Santa Vera Drive Chanhassen, MN 55317 Elton & Lois Klug 7675 Nicholas Way Chanhassen, MN 55317 Margaret Thompson 7667 Nicholas Way Chanhassen, MN 55317 Tracy Waldschmidt 937 Santa Vera Drive Chanhassen, MN 55317 John & Janice Moberg 911 Santa Vera Drive Chanhassen, MN 55317 David & Amy Mehl 917 Santa Vera Drive Chanhassen, MN 55317 & Mary Tellegen ' Walter Constance Cook 939 Santa Vera Drive ' Chanhassen, MN 55317 Paula Langer ' 913 Santa Vera Drive Chanhassen, MN 55317 Deborah Scott 7673 Nicholas Way Chanhassen, MN 55317 William & Maryanne Hagemann 7663 Nicholas Way Chanhassen, MN 55317 Jeanne Etem 935 Santa Vera Drive Chanhassen, MN 55317 Mark & Sandra Berger 923 Santa Vera Drive Chanhassen, MN 55317 Patricia Hauck 915 Santa Vera Drive Chanhassen, MN 55317 Elton & Lois Klug 7675 Nicholas Way Chanhassen, MN 55317 Margaret Thompson 7667 Nicholas Way Chanhassen, MN 55317 Tracy Waldschmidt 937 Santa Vera Drive Chanhassen, MN 55317 John & Janice Moberg 911 Santa Vera Drive Chanhassen, MN 55317 David & Amy Mehl 917 Santa Vera Drive Chanhassen, MN 55317 Bruce Gordon & Suzanne Beaty Philip & Dawn Gleason 973 Santa Vera Drive 955 Santa Vera Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Gerald Oberlander & Beth Hayes Mary Fischer 959 Santa Vera Drive 961 Santa Vera Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Susan Conzet John & Michelle Linden 947 Santa Vera Drive 949 Santa Vera Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Andrew & Christina Althauser Joan Foster 933 Santa Vera Drive 981 Santa Vera Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Bruce Franson Cynthia Yorks 967 Santa Vera Drive 969 Santa Vera Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Stephanie Pikarski 957 Santa Vera Drive Chanhassen, MN 55317 Colleen Healy 945 Santa Vera Drive Chanhassen, MN 55317 Larry Zamor 951 Santa Vera Drive Chanhassen, MN 55317 Craig & Beth Hallett 983 Santa Vera Drive Chanhassen, MN 55317 Luretta Larson 971 Santa Vera Drive Chanhassen, MN 55317 0 MR, GREGORY W. MOURS 7637 NICHOLAS WAY CHANHASSEN, MN 55317 MR. BRUCE A. AMUNDSON ' 7643 NICHOLAS WAY CHANHASSEN, MN 55317 MR. ANH TUYET LY 7649 NICHOLAS WAY CHANHASSEN, MN 55317 MR. DOUGLAS J. HOLMGREN 7655 NICHOLAS WAY CHANHASSEN, MN 55317 MR. WILLIAM R. HAGEMANN 7663 NICHOLAS WAY CHANHASSEN, MN 55317 I MS. LAURA M. LUSSON 7669 NICHOLAS WAY CHANHASSEN, MN 55317 MR. ELTON G. KLUG ' 7675 NICHOLAS WAY CHANHASSEN, MN 55317 MS. PATRICIA A. PETERSON 7681 NICHOLAS WAY ' CHANHASSEN, MN 55317 ' MR. BRENT J. CARLSON 7687 NICHOLAS WAY CHANHASSEN, MN 55317 MR, CHAD LEA 7693 NICHOLAS WAY Chanhassen, MN 55317 DEAN R. JOHNSON CONSTRUCTION MR. DEAN R. JOHNSON 8984 ZACHARY LANE MAPLE GROVE, MN 55369 -0028 DEAN R. JOHNSON CONSTRUCTION MR. DEAN R. JOHNSON 8984 ZACHARY LANE MAPLE GROVE, MN 55369 -0028 DEAN R. JOHNSON CONSTRUCTION MR. DEAN R. JOHNSON 8984 ZACHARY LANE MAPLE GROVE, MN 55369 -0028 MR. CALVIN BRISTOW 7659 NICHOLAS WAY CHANHASSEN, MN 55317 MR. THOMAS A. SAUE 7665 NICHOLAS WAY CHANHASSEN, MN 55317 MS. DONNA M. PFAFF 7671 NICHOLAS WAY CHANHASSEN, MN 55317 MR. SHAWN A. BOUCHER 7677 NICHOLAS WAY CHANHASSEN, MN 55317 MR. CASEY POWELL 7683 NICHOLAS WAY CHANHASSEN, MN 55317 MR. MATTHEW J. MESENBURG 7689 NICHOLAS WAY CHANHASSEN, MN 55317 MS. LYDIA KIEBZAK 7695 NICHOLAS WAY Chanhassen, MN 55317 DEAN R. JOHNSON CONSTRUCTIO MR. DEAN R. JOHNSON 8984 ZACHARY LANE MAPLE GROVE, MN 55369 -002 MS. TRACY M. HANSON 7647 NICHOLAS WAY CHANHASSEN, MN 55317 MR. EREYNA S. SZARKE 7653 NICHOLAS WAY CHANHASSEN, MN 55317 MR. DANIEL D. BULGER 7661 NICHOLAS WAY CHANHASSEN, MN 55317 MS. MARGARET S. THOMPSON 7667 NICHOLAS WAY CHANHASSEN, MN 55317 MS. DEBORAH A. SCOTT 7673 NICHOLAS WAY CHANHASSEN, MN 55317 MR. STEVEN J. LABERGE 7679 NICHOLAS WAY CHANHASSEN, MN 55317 MR. JOSEPH CLEVELAND 7685 NICHOLAS WAY Chanhassen, MN 55317 MS. MONICA HANLEY 7691 NICHOLAS WAY Chanhassen, MN 55317 MR. SCOTT GREBE 7697 NICHOLAS WAY Chanhassen, MN 55317 MR. DAVID HESTER MR. GREG PETERSON 7699 NICHOLAS WAY 7701 NICHOLAS WAY Chanhassen, MN 55317 Chanhassen, MN 55317 MR. ALAN LEE MR. PETER R. VOAS 7705 NICHOLAS WAY 7707 NICHOLAS WAY CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 MR. JEFF & DEBRA MILLER MS. NANCY JEAN METCALF 7711 NICHOLAS WAY 7713 NICHOLAS WAY Chanhassen, MN 55317 CHANHASSEN, MN 55317 MS. JOANNE K. SETEN MS. LORI CARSIK 7717 NICHOLAS WAY 7719 NICHOLAS WAY CHANHASSEN, MN 55317 Chanhassen, MN 55317 MR. CHARLES A. WALKER MR. JOHN MOBERG 7723 NICHOLAS WAY 911 SANTA VERA DRIVE CHANHASSEN, MN 55317 Chanhassen, MN 55317 MS. PATRICIA HAUCK MR. DAVID MEHL 915 SANTA VERA DRIVE 917 SANTA VERA DRIVE Chanhassen, MN 55317 Chanhassen, MN 55317 MR. TIMOTHY JONES MS. BETH TRAVER 925 SANTA VERA DRIVE 927 SANTA VERA DRIVE Chanhassen, MN 55317 Chanhassen, MN 55317 MS. CHRISTINA ALTHAUSER MS. JEANNE H. EGEM 933 SANTA VERA DRIVE 935 SANTA VERA DRIVE Chanhassen, MN 55317 CHANHASSEN, MN 55317 MS. CONSTANCE L. COOK MS. COLLEEN HEALY 939 SANTA VERA DRIVE 945 SANTA VERA DRIVE Chanhassen, MN 55317 CHANHASSEN, MN 55317 MR. JOHN LINDEN MR. LARRY A. ZAMOR 949 SANTA VERA DRIVE 951 SANTA VERA DRIVE CHANHASSEN, MN 55317 Chanhassen, MN 55317 MR. JAMES & ELISABETH MCVJ 7703 NICHOLAS WAY CHANHASSEN, MN 55317 MS. JENNIFER M. PETERSON 7709 NICHOLAS WAY ' CHANHASSEN, MN 55317 MR. DAVID A. LARSON 7715 NICHOLAS WAY CHANHASSEN, MN 55317 ' MR. JAMES & BARB LUGOWSKI , 7721 NICHOLAS WAY CHANHASSEN, MN 55317 MS. PAULA LANGER 913 SANTA VERA DRIVE Chanhassen, MN 55317 MR. MARK BERGER 923 SANTA VERA DRIVE Chanhassen, MN 55317 TERESITA BRIGINO 929 SANTA VERA DRIVE ' Chanhassen, MN 55317 TRAECY WALDSCHMIDT , 937 SANTA VERA DRIVE Chanhassen, MN 55317 ' MS. SUSAN CONZET ' 947 SANTA VERA DRIVE CHANHASSEN, MN 55317 MR. PHILIP GLEASON ' 955 SANTA VERA DRIVE CHANHASSEN, MN 55317 n ' MR. STEPHANIE PIKARSKI 957 SANTA VERA DRIVE CHANHASSEN, MN 55317 MR. BRUCE FRANSON ' 967 SANTA VERA DRIVE CHANHASSEN, MN 55317 MR. BRUCE BEATY 973 SANTA VERA DRIVE ' CHANHASSEN, MN 55317 ' MS. JOAN FOSTER 981 SANTA VERA DRIVE CHANHASSEN, MN 55317 r r r MS. BETH HAYES 959 SANTA VERA DRIVE CHANHASSEN, MN 55317 MR. CYNTHIA L. YORKS 969 SANTA VERA DRIVE CHANHASSEN, MN 55317 DEAN R. JOHNSON CONSTRUCTION MR. DEAN R. JOHNSON 8984 ZACHARY LANE MAPLE GROVE, MN 55369 -0028 MR. CRAIG HALLETT 983 SANTA VERA DRIVE CHANHASSEN, MN 55317 MS. MARY R. FISCHER 961 SANTA VERA DRIVE CHANHASSEN, MN 55317 MS. LURETTA LARSON 971 SANTA VERA DRIVE CHANHASSEN, MN 55317 DEAN R. JOHNSON CONSTRUCTIO MR. DEAN R. JOHNSON 8984 ZACHARY LANE MAPLE GROVE, MN 55369 -002 Planning Commission Meeting - March 1, 1995 15. The applicant shall work with the developer of the Byerly °s site to resolve the existing ' drainage problem on the service drive along the east side of the site prior to paving their parking lots and service drive. 16. The developer shall enter into a site development contract with the city and provide ' the necessary financial security to guarantee compliance with the terms of approval. 17. Trash enclosures shall be architecturally compatible with and of the same materials as the principal structure. Trash enclosures shall also be vegetatively screened from all right -of -ways. 18. To minimize off -site impacts, light levels as measured at the property line, shall not exceed one -half foot candle. Lighting fixtures shall incorporate the use of photoelectric cells for automatic activation. Light poles shall be neutral in color. 19. The applicant shall submit to staff, and work with staff, on a maintenance plan for the upkeep of the plants on the northein slope and to mvise the landscaping plan to include more diversity of sizes in the plant materials. All voted in favor and the motion carried. PUBLIC HEARING: PLANNED UNIT DEVELOPMENT AMENDMENT FOR THE REALLOCATION OF DENSITY TO INCLUDE 51 TOWNHOUSES AND 70 SENIOR HOUSING UNTTS AND SITE PLAN REVIEW OF THE TOWNHOUSE UNTTS FOR THE OAK PONDS 3RD ADDITION LOCATED N_ ORTH OF SANTA VERA DRIVE, DEAN R. JOHNSON CONSTRUCTION. Public Present: Name Address Dean Johnson Bill Olson Tim & Mary Anderson Craig Hallett John Linforth Dave Callister Mark Littfin 8984 Zachary Lane 1521 East Highway 13 7550 Canyon Curve 983 Santa Vera Drive 7471 Canyon Curve 7540 Canyon Curve 7609 Kiowa Avenue 27 C u i 7 C Planning Commission Meeting - March 1, 1995 Name Address Emily Tischleder Viola Scharrer Marietta Littfin Bernice Billison Sherol Howard Barbara Montgomery Greg Hromatka Earl & Betty McAllister Gladys Schueren Albin Olson 185 Pioneer Trail 110340 Geske Road, Chaska 7509 Kiowa Avenue 7281 Pontiac Circle 1005 Pontiac Lane 7017 Dakota 7580 Canyon Curve 7510 Erie Avenue 204 West 77th Street 406 Santa Fe Circle Sharmin Al -Jaff presented the staff report on this item. Scott: So are we, by passing this on today, are we committing ourselves to putting 70 units on the space adjacent to Kerber Boulevard? Aanenson: If you were to approve this PUD, yes you would. Part of this, as Sharmin indicated, is we're looking at the transfer of density so that does, what we said is we need 70 units in order to make the financial numbers work. So if you're uncomfortable with that, that's part of your motion. You're allocating. What we are saying is that we're not reviewing the site plan on that project at this time. You will have the opportunity to review that site plan at a future date. But yes, you are, what you're doing with this is approving the allocation of 70 units for that parcel of property. Mancino: And we're increasing the whole by 2 units. Al -Jaff: Correct. Mancino: Okay. Al -Jaff: But we are still under the 12 units per acre. We will exceed the overall number that was approved in 1992. Mancino: By 2. Al -Jaff: Correct. Sharmin Al -Jaff continued with the staff report at this point. 28 Planning Commission Meeting - March 1, 1995 Scott: Any questions? Ma'am. Mancino: Does the city own Outlot D? Aanenson: Yeah, we're in a purchase agreement with the applicant. Mancino: Oh, okay. To be buying Outlot D. Aanenson: Yes. The City Council did authorize the City Manager to pursue a purchase agreement on the property. Mancino: Okay. Is this development getting TIF funding? Al -Jaff: Yes it will. Mancino: The entire development is? Or just senior housing. Or is it all under, in the TIF district that is getting HRA. Al -Jaff: I believe the entire site is within a TIF district. Mancino: Okay. And I just need a little bit of background and then I'll stop but I need a little bit of background. When this originally came in front of the Planning Commission in what, 1992. The whole area came as a PUD and from reading the report, and please let me know if I'm wrong, Outlot A and Outlot B have been constructed. Outlot E and F are what we're going to see tonight. Outlot D is senior housing. Outlot G the city owns. Where is Outlot C? Is there an Outlot C? Al -Jaff: This is Outlot C. Aanenson: That was proposed for a recreation center project. That was the recreational center that was proposed with the project. Mancino: The recreational center, okay. My other question is, when this was originally proposed in '92 it had a combination of owner /occupied and rental housing, correct. And the reason that, and please stop me if I'm wrong. I mean one of the reasons that the Planning Commission was approving it and supporting it a lot was because there was some rental units here and we are in desperate need of rental units in Chanhassen, or so I believe. Is that, is what I'm saying correct? 29 n ' Planning ommission Meeting - March 1 1995 g g , ' Aanenson: I think part of that was true. The other factor was the footprint of the building. The neighbors were concerned, they wanted the owner /occupied adjacent to them and the rentals on the other side. And you'll recall we went through a lot of issues, because of ' topography that was felt that based on the footprint of these, there was greater preservation of the natural features with the footprint of the apartment buildings. That's how they ended up that way. I'm not sure we really discussed that that was a reason for approving the PUD was ' the apartments. All I can say is that the apartments were on the northern portion based on preservation. They were able to snap the units in such a way to preserve more of the topography. ' Mancino: Okay. So we weren't trying to fulfill a need also for housing in a TIF district? L C Conrad: Not to my knowledge. Aanenson: Not to my knowledge. Conrad: But that doesn't mean anything. But I sure don't recall that. Mancino: That's what I wondered. Just because if there had been a change, seeing from what I saw in the report. Conrad: I just remember the neighborhood being so concerned with rental property across from them. Very concerned. Mancino: Okay, thank you. That's kind of the background that I wanted to get was how important that was or wasn't it and etc. Thank you. Scott: Any other comments? Ledvina: I had a question for staff, Mr. Chairman. As it relates to the 70 units that are proposed for the senior housing. I imagine the city has done conceptual designs to demonstrate the feasibility of those units on that parcel and everything fits and we're not going to have a problem with jamming things in. Aanenson: No, we've got a tentative model here we can show you. Al -Jaffa Keep in mind that this is a concept at this point. Scott: While we pass this around, are there any other comments? 30 Planning Commission Meeting - March 1, 1995 Ledvina: This shows that the elevation to the west is higher. Actually higher in elevation. That's really not going to be the case, is it? Because it seems to me that there's a graded pad out there already and it seems to be much higher than the surrounding topography. Hempel: I don't think I can answer that because I'm not aware of any of the plans that I have seen. Ledvina: Because this is. Al -Jaff: This is the east. This is the west. Ledvina: Wait, okay. I'm sorry. Then the east. This is Santa Vera. Kirk Valette: The east is a little higher. The east is that Tower Road. That Tower Road is a little higher than the grade is at. Ledvina: I'm thinking over here. I think the pad seems to be higher but maybe it was an optical thing. So obviously we've looked at that and there's many, are there. Aanenson: If I can give you some more background on that. When the city held a meeting last fall, when we were looking at this, the City Council held a meeting and the neighbors were invited and the Senior Commission was also invited to that meeting and this model was available just for discussion purposes to let the neighbors know that the city was interested in this and that came out of the Vision 2002 study that the city was involved in and looking at senior housing and the options they were looking at. The property at West 78th and some various options so a neighborhood meeting was held to let people know that the city was interested in pursuing this site and it was subsequent to that meeting that the Council authorized the city manager to go out and work on a purchase agreement. So a neighborhood meeting was held to let the people know that this was being considered for senior housing. And it kind of evolved as we went through the Vision 2002, and that model was there. Mancino: And the height stays within our ordinance? Al -Jaff: It's a planned unit development. Aanenson: The R -12 is 40 feet. Scott: Pardon me? The R -12 was what? 31 n ' Planning Commission Meeting - March 1, 1995 Aanenson: Is 40 feet, or 3 stories. So it's under the PUD we'd have to look at that. And ' Sharmin, based on the model here, that was just put together and there's been a lot of, maybe Sharmin can walk through that but what we're looking at as far as to reduce the impact of that imposing. I don't want to get too much into it but obviously the two are wrapped together but it is a concern for those neighbors. The imposing perspective of that product. ' Scott: And I think also the history too because, although I wasn't on the Planning Commission in 1992, I had some, by accident had some experience talking to some of the neighbors and from what they're telling me, and I think I've gotten more contact from ' neighbors on this particular issue than any other issue I've dealt with the last couple of years. And perhaps if there are neighbors here that can probably articulate it better than I can but the feeling that I picked up on this, and it wasn't very hard to do this, is that their expectation ' was one of a couple story buildings, rental, to own and so forth and then we're looking at a 4 to 5 story structure, which makes them quite uneasy because they felt that when they went through the process and were expressing their concerns about the development, their ' expectation was that the entire property was basically to look like the stuff that's there now. And so anyway, the concern that I've got is I think, we absolutely need that sort of a structure. Or not necessarily that sort of a structure but we do need that sort of housing. ' That's pretty obvious we have a dearth of that here and I'm interested in hearing from the neighbors at the meeting. But to basically get the, to make the project financially feasible we're looking at about a 4, 4 to 5 story structure. ' Al -Jaff: Again, the design has not been finalized. I Scott: Well I can ask the applicant about it. Al -Jaff: Yes. We can definitely say that we need 70 units because that's the only way the ' project will be feasible and we will have the cash flow. And Julie Frick with Carver County HRA who has been working on this project as well, could attest to that. The City is working with Carver County HRA at this time to make this project potentially happen. Again, it's the ' 70 units that we can... Aanenson: What I wanted to say is Sharmin's working with the, we do have a design team 1 on that. We're trying to step back the units so there's not one straight sheer wall. Trying to make it less imposing so we're working with some different designs. We know there's a concern about that and we .... lower profile owner occupied ones right in that area so it is a ' significant difference. ' Al -Jaff: One other thing that might be added. If you look at the model that's up there and this one, we've already made some changes where the fourth floor has been stepped back. So I 32 Planning Commission Meeting - March 1, 1995 changes have started to take place but again, this is far from complete. So many changes have to take place yet. Scott: Okay. Questions? Comments? Dave, do you have anything? Hempel: If I could just make one point on conditions of approval. To duplicate what the Fire Marshal, condition number 1. I'd like to delete number 1 and condition 10(b) is the same. Scott: Good. Would the applicant like to make a presentation? Kind of a redundant question but I'll say it anyway. Brad Johnson: Mr. Chairman, members of the Planning Commission, my name is Brad Johnson. I'll attempt to give you an overview of where I believe we are on this project and speak a little bit about what is going on. This site originally was zoned, the total site, for 324 units and during the original process back in 1989 as we started through the city, the city adopted a very restrictive zoning code relative to any type of housing requirement. In any district you'll see that you have to have 2 car garages per house for sale. We came back later on, 3 years later with the project that we believed was the correct one for this one. At the time there had been no successful townhomes sold in Chanhassen and there was, and still is, as Nancy has said, a need for rental housing in Chanhassen. And so as we went through there we ended up with a project that was approximately half townhomes and I won't say a low end but they were at an entry level pricing because that's all we were, this was before Byerly's. We all felt that never could be sold here and that project has been very successful. And during that period of time, for your information, the townhome market, primarily for empty nesters, and non - traditional families which is just about everybody without kids, and most of you probably. We found that the market has increased in Chanhassen for the townhome type. We probably still have a shortage of the next level of townhomes. I believe there's only one project currently fulfilling that need. We're trying to get another one going in a much higher price range, $150 -250. This, we have conceived that we can now market in Chanhassen a townhome project between $1304150,000.00, and maybe up to $160,000.00. In real life you'd probably get more but that's what we're proposing. At the time we did the original project, we could not conceive selling that price range and so we went to the rental approach. If you recall, we had 60 units like that and if that was to appear, we were hoping that we may never get it sold and that was kind of the idea. The reverse happened on the rental. There still is a demand for rental here in the city but our costs of development of rental in Chanhassen are extremely high. Mancino: Property taxes. 33 ' Planning Commission Meetin g - March 1, 1995 Brad Johnson: Back to because of many of the ordinances. They don't allow detached ' garages. They don't allow, and I'm not saying it's right or wrong, it's just very expensive to build a unit here. In addition to that, because of the timing, not because of the city. The city's been very cooperative, and at one moment in life probably we could have built those ' rental units. And that was when the interest rates were at 7 1/4 %. And we couldn't get the project through the FHA. It took us 2 years. By the time we had gotten it through, the project had become unfeasible, again because of the rental level hadn't, if you recall rents hadn't really started going up 2 years ago. They just started going up recently now. No matter what, because we needed a rent level pretty close to $900.00 to $1,100.00 per unit to make them work. They probably could have gotten that rent today but ... and now with the interest rates, it's just a very tough thing to have happened. So sooner or later you have to come up with something and Mr. Johnson of Dean R. Johnson has been very successful with ' the first one. Feels comfortable. I think he's come up with, and we'll go through that ... so that's kind of some history. In the process, as some of you recall, we had a real battle with the neighbors getting the approval of this project because simply they do look right at it and ' there are some very valuable trees and those kinds of issues. ...we answered most of them at the time we got the rental approved. We have taken pretty much the layout of the rental and then adapted it what you're proposing and we have been very concerned about the concern of ' the neighbors and the community as far as preservation of the trees. And so the road system and everything are very similar. It is a different unit that we're coming with because the ones that were down the hillside just happen to have the garages out in front so it adds about 20 feet and ... garages as a tuck under out in front because most of the people that are going to pay this type of money would prefer not to walk up some stairs to get to their main level, as we do in the other units. And these are natural walkouts so there have been some... We've gone from 324 units on the total site down to approximately 210 so we're well below what the guided of density of 12 units per acre is. On this particular site, we had approved 104 rental units. We're proposing to be one for sale. We always kind of kid the neighbors, and we actually get along with the neighbors but they're saying now they want to have, what did you say, 27 eyes looking at you. Two pairs. Before you had 44 or 50 so we've actually decreased the presence of people on the hill. We met with the city and David and Sharmin and Kate and we made some changes on the project, and we've actually moved everything up the hill as much as we could. The next thing is we had a meeting with the community representative ... and they were concerned about things like lights, and as you recall, most of ' the people are concerned about lights and you can put lights down like we do in all the shopping centers around here and they just don't have the glaring light. And that can be arranged. They were concerned about the trees so in our presentation we'll deal with that issue as to where they are and even ask any questions about that. They're concerned about more trees and we've added more. They wanted to see how we looked compared to the other one tonight. I think in general we've been trying to answer and change as much as we can within the buildable area. You know we still have to get in and out of it and as Dave just 34 Planning Commission Meeting - March 1, 1995 pointed out, we've got to sprinkle a couple of the buildings now because there are some grades in there that we're better off not destroying. And so we're going to sprinkler some buildings and pretty much the report that you've gotten from the staff, we agree with. So we're at the point where the staff has looked at the project. I believe they, as much as they can be, are for it. We've tried to meet some of your new things. We've got a model. We actually have changed the plan after the model was done. You know moved certain things up and maybe Kirk, you can show them what we've done there so, but the idea is there. And that's kind of where we are so Dean's here. Dean Johnson who will be the developer and is the owner of the site but the main presentation will be done by Kirk Valette who did the original architecture for the original plan. He is involved in the design of these buildings. And then Bill Dolan who is the engineer and it more aware of and I don't know if you have a solution but at least you could say what we are doing relative to this tree issue and the site issue so those are the two things I think we want to call and I'd like to have Kirk come up here now and be happy to answer questions. I want to point out also, because I can see this happening, that we are simply here to have this site approved as planned and I believe all we're doing is shifting density over to the other parcel. But we're not doing a site plan... involved in what this looks like, and I think what the staff was trying to say is we're not, that's not our mission at this time. We're just shifting density over and I would believe that over time, between the neighborhood and the staff and the senior community, somebody will work out a way of getting the building built. But I think it's going to be one of those that will take a little time. That's my opinion. So Kirk, do you want to take over. Kirk Valette: I'm Kirk Valette with BRW Ellness Architects and we did the original plans that were approved in '92. The buildings that we're proposing now, although it looks like the mass on the north side of the buildings are similar in length, the height actually goes down because the buildings that are on the north side are this type of building and the previous buildings, the rental buildings on that side were 2 and 3 story buildings. Predominantly 3 story. The new buildings now are 2 stories high with a small area of 3 stories. So the actual height of the buildings on that north side will actually be a little less than what the rental housing was going to be. Mancino: Kirk, is this the same that you just showed? These are B. Kirk Valette: No. Those are the ones that are up more in the center of the site. The one that I just showed, I'm sorry. I don't remember the A and the B. Aanenson: It's A. Kirk Valette: A. 35 n ' Planning ommission Meeting - March 1 1995 g g , t ' Mancino: I have from the staff report all the B's on the north side. According to the staff report. Of Kimberly Lane. So I'm just trying to get a feel for, and that is what I'm assuming is this. ' Kirk Valette: It's the A. ' Mancino: Well according to the staff report, the A is on the, all A's are on there, or maybe I should add this. 19 units of A's and they're all on the south side of Kimberly Lane, not going down the hill. I color coded them. Al -Jaf. . A is to the north. Where you have steeper elevations. And B is to the south where you have flatter elevations. ' Mancino: So Sharmin, I'm sorry to raise this right at this point but I want to track with you as you're talking. I'm sorry. On page 5 of the staff report, when you list those lots 1, 4, 5. ' So if I looked at 1, 4 and 5, I listed those as B's. Was I incorrect? And maybe I should have reversed them. H- I 0 C1 n Kirk Valette: The first two would be actually building A. Mancino: Okay. So there are going to be more building A's. There's going to be 32 of those units and 19 of B's. Brad Johnson: 32 of the A's. Mancino: 32 A's and 19 B's and the A's will be, what I have that are green on this whole north side and the A's are going to be more towards the street. Santa Vera is it? Kirk Valette: No. These are the ones that occur there, correct. Mancino: Okay, so it's in reverse than what's in the staff report. Kirk Valette: Right. Mancino: Okay, thank you. That's my frame of thinking, thank you. Kirk Valette: I think the other thing about the units now is they lay out on the street side, is that there's a little more variation because we have less density on the units so there's more variation in providing garages with insets for the entryways. So there's a little more of a third dimension than there was on the rental units, which were more two dimensional because we 36 Planning Commission Meeting - March 1, 1995 had to get the quantity of parking that was involved with those units. I think those are I think two big differences and very important differences on this plan and mostly just the scale on the north sides of the buildings and the scales of the building as a whole just being broken down because there are fewer. And with the townhouses, you start looking for more variety... Scott: Any other questions or comments? Mancino: Yeah Kirk, how do you respond to staffs recommendation that you vary some of the road? Is that something that you want to respond to and I think it's in recommendation number, Sharmin do you know where you put, you wanted them to vary some of the outside appearance of A and B? Al -Jaffa It would be number 4. Mancino: Number 4. The townhome units shall conform to the design architecture as proposed by the applicant. Introduce some variation among buildings facing north with the shape of windows, adding louvers, shifting entryways, adding dormers or color. And I guess I would put and color there. Do you want to respond? Brad Johnson: We've talked it over. That's why we said we've agreed with the staff report. The only thing we would like to do is just look to have you authorize us to work that out with the staff, because it's kind of difficult in this kind of a group to plan a building but I think working with the staff, we can come up with a variance in both color and some on the outside and Dean's got some ideas on how to do that so. Mancino: Okay, thank you. Brad Johnson: If there aren't any other questions of the architecture, I'll deal with the site plan and Bill, do you want to go through that? Bill Dolan: My name is Bill Dolan with Meadowood Engineering. I've been the engineer on this project from the beginning and so I'm familiar with it. What I'm trying to do, first of all let me say from an engineering standpoint we also are in agreement with all the staff and the recommendations but I just tried to pick out the engineering recommendations and just give a brief comment. The first one would be number 8, and that talks about putting in a turn around on Kelly Street... The parking spaces that are required are 9. We now have 21 as the visitor parking. We are going to put a small turn around on the end of Kelly Street and eliminate two parking stalls there. However, we cannot make a turn around large enough for the fire engine to turn around, and the end of the street is at about a 3 1/2% grade which is a little steep for a fire engine if you start backing up and trying to do those kinds of things to 37 ' Planning Commission Meeting - March 1, 1995 turn around. So we decided just to put a small turn around in there and eliminate 2 parking ' stalls and then we will go to the sprinkling of the units which was the alternate that the Fire Chief had in his recommendations. And with that change and with the change down on Lot 49, where the staff said that they would like to have an additional driveway, we don't have any problem with the driveway but that will eliminate 2 parking stalls as they pointed out in their report. And that would reduce us then to a total of 17 parking stalls for visitors and ' again required is 9, so we are almost double so we feel we have adequate parking provided. Item 10 then continues on with some of the things that the Fire Marshal wanted and we covered the first part of that and he asked for 2 additional hydrants, which ... and again the ' buildings will be sprinkled. Item 12 talks about the grading plans and show floor elevations and the standard building types and so on and this is from the Building Inspection Department and we have now included all those various elevations on our plans and have them on here. ' And item 13 is our typical... where we said that we're going to grade against the trees and away from it so that was... You caught us on that one. Let's see. Oh yeah, the erosion control plans do show that the Type III fence will be all along that... And we have included ' the city's standards plates in our plans and so on. Now, perhaps we can talk a little bit about the grading and I think the model is an excellent example on how the grading, even though we have split these two units off of here so we don't have the 6 units. Basically we only ' have 4 and these 2 units are brought over here to reduce the impact of the building. But what happens on this side is of course you've got a very steep slope and we're building the building down to match the existing ground. We're not going to grade on the outside of the building. ' We're not going to grade on the outside of the building. We have increased the basement elevations from the standard 8 foot to 9 foot. In some cases along here we have 10 foot... from floor to ceiling. Then if we have, we have a couple places where we have a draw here. ' Right on this corner we have a spot and right on this corner we have a spot and this corner we have a spot where there is about 3 or 4 feet from the basement floor, when you actually put a stake in the basement floor elevation to the existing ground. What we will do in that ' case is we will take the block work and building face right down to natural ground and then we will go right down from that for our 40 feet, not grading on the outside of the building so the building will just go right down. But most of these buildings now, these buildings, these ' buildings, this building, this building, the two units in these buildings here, with the entries from 8 to 9 to 10 foot. The basements do match very close to the elevation of the outside. Now when we do that, we come down between the buildings, we have to in some cases, ' where we have this draw here, in this area, we have in some cases pick up that elevation change because we don't want to grade beyond the buildings. So in those cases we have a little 4 foot retaining walls that run between the buildings here and they'll show on the ' grading plan and I think there's 1, 2 and 3 of those. There's one in here by this big oak tree, and I think there's one here and maybe over here. But anyway, that has to be done so that ' we do not grade beyond the line and that's very important because this environment out here is something we want to save. And we can look at our tree preservation plan here, first of all lJ 38 Planning Commission Meeting - March 1, 1995 at these pictures here are of the trees on the site. While I'm talking I'll pass some of those. They're kind of hard to see from a distance so I'll pass some of those around for you to look at while I'm talking about the trees. And we'll just talk about the ... here which is over here. Your new ordinance, which was not in effect when we did the first plan but it's a strange thing. The first plan saved the same trees that we are now saving, except one. The first plan said we were going to save this brown tree up here and we're now going to take it, and I'm really not sure that we could have saved it in the first place. But we said we were going to save it but now we're taking it. The brown trees are the ones that are going. The green, dark greens are the ones that we're saving. Now we had an original canopy of 37% and after the removal of the trees, we still have 25% which meets your ordinance. And after we landscape again, the credits we get for the new landscaping plan, which we'll go through in a moment, we come back to 44% canopy coverage which is more than we had originally so this is a, from a canopy standpoint and vegetation standpoint when the project is done, is going to be better than it was. So we were talking about trees and I wanted to point out that this tree is the tree that is going to go and it's a big, old oak tree. It's one we'd like to save but it's going to go now but it's the only one and actually there's probably one in here I think. It's a small one. I guess it's down here that we're going to save that we weren't going to save originally. But the point is, that the canopy is there. We meet your canopy ordinance. We met it in the first place but we didn't have to but ever since we first started on the hillside and working with the hillside, the idea was, and I think Nancy was talking about it, eluding to it earlier that the apartments were designed to try to preserve the hillside and indeed they were. And so was this project. This project only takes out one tree different. Okay now, we'll turn this over and we'll talk about the trees and the landscaping. Now this is the landscaping plan. Here again the existing trees that are shown out here. Now, we met with the neighbors here. I wasn't at the meeting but when they came back they told us that there were a couple of open spots on the plan where the existing trees were not really covering. See the existing trees here do a wonderful job of covering these units and here they do a good job, as you can see that from the photographs but here there was a gap and so in this spot we have added 7 pine trees, 6 feet high to start the screening of this particular open spot here. And then there was a couple other open spots, one here which was open and there were 3 trees there and then we've added 7 trees down here to screen that area which was opened from the Powers Boulevard, back across. There were some trees down here but these are quite a bit lower and down along the wetlands there and then this hillside here looks bare so we added some trees to screen that. Now the question was asked at the neighborhood meeting, how does our landscape plan compare to what was proposed in 1992. And we took out our other landscaping plan and we compared them. And in comparison is this. On Santa Vera Drive, the original plan had 46 plantings along Santa Vera Drive. We now have 85. The original plan had 27 plantings along this internal plan. This long internal drive here and we now have 26. The original plan had 27 pine trees located along the outside of the, the perimeter of the plan on the hillside. We now have provided 19 in these open spaces, okay. And then we had 39 t Planning g Meeting -March 1, 1995 originally from the old plan, when we finished Phase I, we planted 9 pine trees out there and you can see them on some of those photographs. And those are going to be moved and situated to fit the new layout here so that they will still remain on the outside. So when you add the 9 to the 19, we get 28 which compares to the 27, that was our original. So in each case we're within a tree. One over, one under except on Santa Vera Drive and because this is now for sale, we felt that the units along the outside here needed to be screened from Santa ' Vera Drive and so that's why we have the additional plantings out there. More plantings than we had originally. So that these for sale units here can be screened and make this area a little more private. I think that pretty well covers everything that I wanted to talk about, and I think the staff report referred to getting the final drainage calculations for the project, which of course we will supply them. But I will point out that when the project was apartments, there was more impervious area than there is now because of the extensive parking and the ' drainage that was designed in Santa Vera Avenue and going down to the ponds here, was not designed on the basis of that project being apartments which had more impervious area, therefore more runoff. So the new calculations will be looking at that. If there are any questions, I'd be happy to answer them. Thank you. Scott: Any questions? Thank you sir. Is there anybody else from the development team ' who would like to speak? Okay. This is a public hearing, and if I may get a motion to open the public hearing. ' Mancino moved, Udvina seconded to open the public hearing. All voted in favor and the motion carried. The public hearing was opened. Scott: Anyone from the general public who wishes to speak, please step up and identify yourself. Give us your address and let us know what you have to say. Tim Anderson: Hi. My name is Tim Anderson. I live at 7550 Canyon Curve, just to the north of the proposed development. First of all I'd like to say I welcome the change in the plan from the higher density apartments to the residential, or the owner occupied townhomes. I also welcome having the senior housing... property. But I guess a couple issues that I'd like to address tonight. One is the footprint of the buildings to the north. I know Sharmin had, ' put together a couple of overheads that overlaid that previous development which was apartments on top of the new proposed development. I guess I'd just like to show is that we had some concerns that the buildings as they're planned now are closer, farther down the hill and closer to our property than we were previously. It appears to be well, at least 10 to 20 feet in some cases, and that does not include the deck that could be put on the units. IF 40 Planning Commission Meeting - March 1, 1995 Scott: Dave, just a question from a deck standpoint. Given the grades that we have on the north side of this development, would that be quite an undertaking to be able to put a deck out of the back of some of these things? You deck builder you. Hempel: I'm no deck builder Mr. Chairman, but I have seen decks which are on... Scott: Pretty scary? Hempel: They're probably not 20 x 20 foot decks. A small deck. Scott: So you're thinking that from a cost standpoint they would probably be relatively small? Just because of the kind of California terrain. Aanenson: Well I do think that if that's an issue, then we should we clarify that because we came up with this problem before when we were under the assumption, that because they included porches we wouldn't see decks, and all of a sudden decks appeared. They were still within the setbacks. So I think if that is an issue to the neighbors, we should try to come to some resolution. That if they are decks, they be a certain size or they maintain a certain setback because if they're under the assumption that they won't be, or they'll only be small, and some big one comes in and they're still within the setback so I think if it is an issue, that we should try to get some concurrence on that. Kirk Vallette: The decks are 8 x 10. Aanenson: You may want to make that condition, that that be the only size or something. Scott: Mr. Anderson, are you representing the neighbors? Tim Anderson: I'm representing myself... Scott: Okay. Tim Anderson: Is it possible to put that overhead on? Another thing to make note of, another thing of concern is that even though there's less units, that they're actually closer together. In the previously proposed plan the .... were actually set apart a farther distance. And now it's going to give an appearance of a train going all the way on the hillside. And... discuss it, that was an issue. I know the City Council, that they didn't want the appearance of a train going all the way up along the ridge. The hillside but part of the, that was addressed in some part because they took out, ended up taking out some units and ended up trying to take out one of the buildings—that's a concern I would like to see addressed. On possibly 41 ' Planning Commission Meetin g - March 1, 1995 either pulling the buildings back, taking out a couple of units, whatever that may take. Or additional landscaping or such ... I'd like to see if there is a possible... separating somehow. And I think there was one other thing I wanted to discuss was that the previous development included a conservation easement to go up to the buildings and I haven't heard any discussion on that. If that's going to be included and at what point, where on the property will that occur on the conservation where there won't be any type of lawn maintenance and such. I know Karen had a concern about the senior housing. I'd like to just mention before I leave here is that we are concerned about the size of the building. We, but like I say, we really welcome having seniors as neighbors and I guess I have one question I have. Is, are we ' locked into 70 units up there? Can it be 60 units or whatever? If this is approved tonight as is, is the city bound to 70 units of senior housing on that property or can the density change? Either it be moving senior housing to another location or just putting less in that parcel. ' Scott: Well if this moves forward as is, basically we've committed to a density transfer which will allow for 70 units to be placed on the outlot that's on Santa Vera and Kerber so the die ' basically would be cast. From what my understanding is, is that the number 70 came from a financial model relative to the financial success of the project so. ' Tim Anderson: I don't want to, I know ... other than the densities. Scott: But they are tied together basically because there's a density transfer. Tim Anderson: Yes, I understand that. I don't, I guess I have a fear that it's implied now that once this is approved, that approval could go ahead and build 70 units up on the hill. I guess is that what's going to happen? Aanenson: Well just the density transfer, as I indicated. They would still have to go through ' site plan review so it would still come back and there'd be a hearing on that for you to comment on the design and the city certainly wants to work with the neighbors on that issue. Tim Anderson: That's a big concern. I guess one thing I'd like to see, again this isn't related. I apologize ... is that when this comes in the next few months, they have an actual photo rendering of the building at various angles, including from our neighborhood be done. I'd truly like putting an image on a photograph so we see exactly what it's going to look like. The Council and the Planning Commission can see it also. ' Scott: That kind of reminds me of an ordinance we have floating around. Did that actually? ' Aanenson: Yes, that's an approved ordinance. ' 42 Planning Commission Meeting - March 1, 1995 Scott: Okay, so that's a requirement. Tim Anderson: Yeah, because I see something like this and it's hard to interpret a drawing. It looks 2 dimensional and this isn't what it looks like when I look out my window. I know they made a good attempt to try to do that but actually on a photo rendition it would be very helpful and more useful. Thank you. Scott: Thank you. Would anyone else like to speak at the public hearing? Yes sir. Dave Callister: My name is Dave Callister. I live at 7540 Canyon Curve, Mr. Chair and Planning Commission members. First of all I was not aware that we would be talking about a senior housing issue tonight so I guess I don't really have any comment on that other than what Mr. Anderson said previously. The size is a concern. I haven't seen anything for tonight but the bulking would be a definite concern. I haven't had a chance to look at the details. Scott: Yeah, the public hearing is for another section but I think because of the nature of the density transfer and what happens here casts the die over there, I think your comments are appropriate. Dave Callister: And with just the specific proposal that's in front of us this evening, I guess I think it's a much better proposal than what we had 2 years ago. The density is lower. The type of units and the type of resident that we're going to see in these units, definitely from a neighbor's perspective is better. So I think there are a lot of good things about this new proposal that the developments have tried to incorporate into it. I do have a couple of concerns. One with the location of the buildings. You've heard this before about creeping down the hill. Apparently, and I've had several discussions with staff and the developer on this and basically what they told me is this is as far, this is where it has to be simply because of the logistics of the site. Given that, I guess I would like to see, if that can't be moved up the hill any further, I would like to see more trees. I know they have indicated there's some pine trees ... 6 foot pine trees if you're looking up at a hill like this, and you've got a structure of maybe 25 feet, a 6 foot pine tree really doesn't buffer for a few years anyway. So I would like to see, first of all more trees. Second of all, maybe some larger trees in there. And then third, maybe some deciduous trees to cover for some of the other trees that may be lost in the future. So that would be a concern of mine. The last thing that I want to touch on, and we've already touched on many of the things that I have here, would be the construction limits. We talked a lot about this in 1992 about having heavy equipment in sensitive areas around the tree roots and I think last year sometime when they did some drainage improvements, where... down the hill, woke up one morning and all of a sudden there was heavy equipment down there. And the heavy equipment wasn't as much of a shock as the 43 L 1 [I fl Planning Commission Meeting - March 1, 1995 footprints through the trail that they had and they knocked over branches from oak trees. They were within probably 3 or 4 feet of the oak trees. Totally disregarding everything we talked about, about staying away from the drip line of the oak trees. Apparently it wasn't the contractor but it was some subcontractor but nonetheless, I would like to see some precaution or some regulation that we could establish that would ensure that the things are adequately fenced off in the case of any damage and I think they have to replace it on a 1.2 to 1 basis or something like that. I don't know if you have any flexibility to increase the penalty but I think it's, especially it's so sensitive in this area with ... buffer, that if you knock them down during construction and you say whoops, you knock over a few trees and we'll plant a few 6 footers over here to make up. Scott: There's a couple of ordinances that have come into play since then. The first one being an extremely comprehensive tree preservation ordinance which one of the requirements is that the drip lines of the trees are actually marked by fences. Snow fence which obviously is not going to keep a piece of heavy equipment out but it's a lot different than what we had before where traffic actually could go over the drip line areas. And then another ordinance is, and I'm sure that the developers are aware of this. Is that there's actually some, what we consider to be fairly attention grabbing fines for the damage of erosion control fencing. To summarize that, there's a penalty and then within, I believe it's a 24 hour period of notice by the city, the city will hire a subcontractor to go in and fix the erosion control and charge it back to the developer. So that was something that just went through recently so we feel that we've gotten a little bit more sensitive to those sorts of things. And of course, it's difficult enough as an appointed or elected official to keep track of the ordinances, much less a member of the general public, but just to kind of let you know that these are some of the things that we've done. Dave Callister: That's good to hear. Do you know when that was actually incorporated or when that was adopted? Scott: Well it came through the City Council. Aanenson: The erosion control just got approved like the last month. Dave Callister: The tree preservation. Scott: The tree preservation's been 8 months. Aanenson: The tree preservations been the last year, yeah. Scott: Yeah, something like that. 44 Planning Commission Meeting - March 1, 1995 Dave Callister: ...it's a question of monitoring and I know staff has a lot of work to do Scott: Well we've actually, one of our newest planners was specifically brought on board for ordinance enforcement purposes so. Dave Callister: Just a concern and I want to make sure it's adequately... Scott: No, appreciate you bringing that up. Dave Callister: That's all I have at this time, thank you. Scott: Good, thank you very much. Would anyone else like to speak at the public hearing? Yes sir. Greg Hromatka: Hello. My name's Greg Hromatka. I live at 7580 Canyon Curve and just... I like the idea of the senior housing. I'm not going to say anything about that. I'd like to deal with the idea of transition. Just with that there ... it doesn't seem to flow. I do have a question about how that would be, what the senior housing will be. As an area, the total picture. Is it going to be a fifth or a sixth of the total land area? Aanenson: It's 2 acres. A little over. Al -Jaffa A little over 2 acres. 2.2. Greg Hromatka: Of the total amount. Scott: I guess what is it, 9? Aanenson: Well that's just for this phase. Greg Hromatka: So that's a 1/13 of the total and you've got 70 units on 1/13 of the total space. That's my driving point. Smallest chunk of space with the largest number of units. That's short and sweet. Scott: Good, thank you. Yes ma'am. Mary Anderson: Hi. My name is Mary Anderson and I live at 7550 Canyon Curve. The only point I'd like to make is to reiterate the neighbors' concern of the units coming down the hill. I don't want the commission to think that the neighbors are not concerned because of the numbers that are here. What I'd like to say is this the second time that we've had a public 45 ' Planning ommission Meeting - March 1 1995 g g , hearing that the neighbors were not formally notified. And if there is another public hearing concerning this, we want to make sure. I know when my husband told this to Sharmin, she said we should have gotten something in the mail saying there would be a public hearing and ' I called ... our neighbors today and no one received notice. So that is, this project is a great concern to the neighborhood. There would have been more people here tonight had everyone not known at 5:00. Scott: Well how did you find out? ' Mary Anderson: When we met with Dean, he mentioned it may be on the agenda tonight and it just clicked in my mind as the Ist so I went can called and sure enough it was. We were told we were notified but no one had gotten the notice. ' Scott: If I could just ask the, let's see. Mr. Anderson, how did you find out about the meeting tonight? ' Tim Anderson: I called Sharmin this morning. ' Scott: Okay, Mr. Hromatka? Greg Hromatka: Neighborhood. ' Al -Jaffa We did mail out notices to all the neighbors. ' Mary Anderson: Then why did no one get one? I mean I can see if one family didn't but no one on Canyon or no one right in that area on Canyon Curve received anything. And the last time we went through this... development, the same thing occurred. And I just want to stress ' that this is a very important issue to the neighborhood and we would have been here in more force and more prepared had we known. ' Scott: Yeah. I didn't, is there a, I didn't get a notice list in my packet. Aanenson: We can pass it around. We did receive calls so some people did get notice. We did verify, after we received the call, we did verify that notice was sent to that address. Scott: Would anybody else like to speak at the public hearing? Yes ma'am. Sherol Howard: My name is Sherol Howard. I live at 1005 Pontiac Lane and I'm the Chairperson of the Senior Commission and I've lived in Chanhassen 40 years and I've seen a great many changes take place. And we seniors are pleased with our residence to be built 1 46 Planning Commission Meeting - March 1, 1995 here ... and we have every confidence that the differences will be able to be worked out for a housing that's very much needed and we have eliminated many locations, and this one seems to fill all our needs. So we're sure you can all work it us for us. Thank you. Scott: Thank you ma'am. Yes sir. John Linforth: John Linforth, 7471 Canyon Curve. Mr. Chairman, the last time we had a meeting on January, on February 15th, excuse me. I asked you if this item was going to be on that program at that time because I had received in the mail a letter to this effect. I should have received a letter saying that it was not on that docket for that evening and I had received no information that it was on the schedule for this evening. I read all the mail that comes into my house. I collect it out of my mailbox. Nothing from the City of Chanhassen arrived at my house anywhere... I would like to ask, or address the issue of where the transition from high density to single family. There is no transition with a large 70 unit structure on a 2 acre lot. You're going directly from 70 units to a single family. There is no transition. It would appear that listening... and all the nuances and what goes on in this procedure but by your approval tonight, you approve it. It sounds like this, at this point is for you to decide whether it goes or whether it doesn't go. The structure that you have in front of you here, if you'll note on the north side of that building, which faces our subdivision. You're looking at something close to 60 feet tall. That is a very, very long structure that they're asking to build. The reason for it to be built there, it's explained to me that it's close to downtown so they can walk to it. Why don't you put 70 apartments facing underneath. Why do you need parking if they're going to be walking? If they can drive, they can put it on something that's more aesthetically pleasing to the marketplace. Finally, this hillside that they wish to put this unit on is a very, very high point in town and to put a very, very tall structure on top of it would be very, very noticeable. It is not a good use of property. Scott: Good, thank you. Would anyone else like to make any comments? Emily Tischleder: Hi. Emily Tischleder, 185 Pioneer Trail in Chanhassen. And I just want to say that most of the seniors have lived here 30 plus years and now we're in the position where we're ready to sell our homes. We don't need the large homes anymore. We would like to stay in Chanhassen because we have nowhere else to go unless this is built. The City of Chaska has a population approximately the same as Chanhassen. They have two senior units in their city and I was hoping that the City of Chanhassen will consider having ... thank you. Scott: Thank you. Any other comments before we close the public hearing? 47 Planning Commission Meeting - March 1, 1995 Brad Johnson: Mr. Chairman, would it be proper for us to answer some of these questions? For instance... Scott: Which specific questions do you wish to answer? Brad Johnson: I just want to go through the list. This will just take a second. One thing we should realize, I think what's the setback from the point from the property. What would be the required? Al -Jaffa The ordinance would require 25. Brad Johnson: Okay. We're 225 to 300 feet from their property line. I think we always forget this. Scott: Well that's the setback from the property of your project. Not the setback from the property line of the neighbors, right? Aanenson: That's the property line. Brad Johnson: That's the same number. Aanenson: Yeah. Scott: Okay. Brad Johnson: ...football fields away and 2/3 of a football field away in this case on our project. The problem is the hill and what they see. We will agree that the decks will be no greater than 8 x 10. I think what they've said is they would like to see more landscaping to cover, we'll call under story and some over story trees. We would agree to come in with other trees other than pine trees to fill that area up, wherever it is. Okay. As you can see by the photographs, probably we're talking more about trees underneath than over but we're more than happy to work that out by the time it gets to the Council with the neighbors. There is a, what we'll agree to a conservation and one of the concerns was that we'd agreed not to landscape down the hill ... so whatever that would take. Aanenson: I think the intent was to leave it natural so people wouldn't... Brad Johnson: Yeah, but ... want it in writing ... I think though the heavy equipment thing was a mistake. They were just saying, the guys wasn't supposed to be there. I asked Dean why the Sup wasn't there to make sure the guy wasn't there, and he said they weren't supposed to be 48 Planning Commission Meeting - March 1, 1995 working there but in the future he'll be fined and that will take care of that. But that's, I think we've apologized for that and we're going to try to make sure that that doesn't happen. But it just, it happened. The guy wasn't supposed to be there. It was one of those days ... I think we're more than happy to, we don't want to lose units. The last time we went through this whole thing we kept losing units and we don't see a need for that. I think Dave's suggestion that we try to landscape more and cover up, because they're just worried about what they're seeing and we'll see what we can do. We thought we added some. We can add more. Okay. Scott: Good. Thank you. If you have new information that you'd like to add, please come up. Dave Callister: Dave Callister, 7540 Canyon Curve. This just came up. We were talking about in '92, and I don't know how many of you were around in '92. This is a totally different issue now. The City is apparently going to acquire an outlot with the ponds, for their half of the ponds, is that correct? Hempel: It's already been done. Dave Callister: It's already been done? Okay. One of the conditions of the last PUD was that there was at one time talk about a trail going through there. A paved trail on that slope. Aanenson: That was eliminated a long time ago. Dave Callister: Okay is that, we just want to make sure it doesn't come back. Aanenson: No. I think the intent is, I think that's always been understood that you don't want people back in there. That anything beyond 30 foot beyond the house pad is a no touch zone. No mow and we'll put that language in there. Dave Callister: That's all I wanted, thanks. Scott: Good, thank you. Could I have a motion to close the public hearing please? Mancino moved, Ledvina seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Mancino: Mr. Chair, I have a question. And I'd like to hear from other commissioners. I am very concerned that the neighborhood, I mean this is our only time to have a public hearing. We don't have public hearings at City Council, etc. And I'm very concerned that none of the neighbors got notices to come tonight, and I think if this is the only forum for them to speak 49 1 1 Planning Commission Meeting - March 1, 1995 and to say what's on their minds, and I think that we need to make sure that they have that right. And if we didn't offer that to them, I think we need to and I'd just like to hear other people's. If you're as concerned as I am, that maybe we table this and have a public hearing and make sure that the neighbors are notified. Ledvina: I'd like to understand what staff had done and their reaction to what the comments have been. Aanenson: I believe this was noticed at least twice before this, and we pulled it off based on we felt that information that we needed in order to put it on the agenda wasn't here so it was noticed twice before. We had met with a lot of the neighbors, and neighbors were tracking it. Had come in and asked questions. This has been over the last 2 months while this thing has evolved because we've tried to get the development where we felt comfortable coming forward to you. As you see, some of the changes aren't even reflected here. We worked very hard to try to get this where we knew the neighbors' concerns were so there has been a lot of dialogue between the neighbors. Now it's our understanding, there was we know for sure two notices before this. Again, it was tabled as this gentleman indicated at the last meeting. It certainly was our intent to notice everybody again. It's our understanding it was. If it wasn't, it certainly was not any intention. If it wasn't, it was an oversight. Our secretary is responsible for making sure that all public hearings are noticed. It's our understanding that that was done. If it wasn't, we're not aware. Scott: And I think our feeling too is, and I was at the, I'm not going to talk about organized collection. I'll use the City Council meeting as a ... to the effect (a), don't people read the newspaper, and (b), don't people do this and we've been doing this for 2 years, so on and so forth. I think we've got a responsibility as elected or appointed officials that even though we're following the rules and we're doing the right things relative to notice, I think it's still, I'd agree with Commissioner Mancino, that it's still incumbent upon us to give that one last shot to let the residents come in. And if we have a couple people here the next time, I think what we would want to do however is, instead of having a full blown public hearing, to do something else because what we don't want to do is we don't want to have the same information come up again to perhaps give people the opportunity who haven't had the chance to speak. I think we understand the issues. I think those are pretty evident and I don't see new issues coming up. ' Conrad: If that's the case Mr. Chairman, the City Council always holds a public hearing anyway. The point is that we understand the neighbors concerns. I think the people that have been here, were within neighborhood groups. My perception is that the staff has ' listened to the neighborhood. The developer has listened to the neighborhood. The neighbors have been here. They echo pretty much their concerns. They're the same concerns I heard 50 Planning Commission Meeting - March 1, 1995 the last time we were putting rental units here. That's not to say that everybody doesn't deserve a public notice. They do. If it didn't happen, they should be notified for the City Council meeting. I don't think I need to have another public hearing to find out more information I guess is what I'm saying. City Council has a public hearing. If they didn't, I would say table it. Mancino: They're not required to are they? Conrad: They're not required to. They always do Nancy. Mancino: They always do. Because I don't know if there's something else that someone may come up and say that I haven't heard tonight. You know I wasn't here previously when this was up in front of the Planning Commission so this is the first time I've heard this and I've heard the neighbors. So, and when I hear that nobody that's here got a notice, I'm concerned. For tonight. Scott: You know there's another, a thought that I had when I was listening to it, and when I look at the list of parties who are involved in this PUD, Carver County HRA. There's tax increment financing dollars. The City is going to get involved. I believe the HRA is going to be bonding for this particular, or at least the senior housing project. We're starting to see I think how PUD's really were designed to work where there's certain things that we want as a community and we're starting to get some players involved. There's one component however that we've been asking for and a PUD really is the only way that we can get, add to it and that's the idea of entry level housing, affordable housing. Whatever you want to call it. I had a discussion with the Mayor about this and kicking around some ideas. Obviously in the day of unfunded mandates and so forth, I think that that's a real issue that we happened to be targeted because of the tax base that we have and I think we're all aware of what the Metropolitan Council's blueprint has to say about their plans for affordable housing in Chanhassen, Eden Prairie, Eagan and so forth. And one of the things that I talked to the Mayor about is a concept where in order to gain something that we're also lacking, that either a density trade because obviously you can't put a developer in a situation where they have to take the hit on the sale or rental of market property because obviously our tax structure, our property costs, just won't support this kind of thing. So one of the things that crossed my mind is that what we may want to consider, if you all want to do this, is to try to determine how we could have that affordable housing component introduced here or in another PUD that may be forthcoming. So I wanted to toss that out to see if that's worthwhile considering. Great. If it's not, move on to something else. So I wanted to get your input on that. Ladd. Conrad: I think it's, well I know. It's a good thought Joe and I'd like to review it. I don't think it's fair. When a developer has done this. We just can't do that to anybody. I don't 51 Planning Commission Meeting - March 1, 1995 ' care if it's a good project, bad project. You know we've made some commitments to them and they've gone ahead and done some things and then to introduce something new. As valid as that may be, and I really would like to pursue it. Scott: And I figure we can throw it out just because we got the County HRA involved. ' Conrad: Yeah. I guess I'd like to make sure we address that thing soon because PUD's are probably a good way to do it. But I don't think it applies here. I'd rather not do it here because I don't think that's fair. ' Scott: Well I wanted to throw it out because it seems like, I mean we may have more of these kinds of opportunities we hope. Conrad: Well again, if we care, we make that a priority. 1 1 Scott: Is that direction to staff? Conrad: No, no. That's a direction to you. Scott: Well then I'll send that direction to staff. I think since we've talked about this for many, many hours here and we all know what the environment is and at least what I would like to direct staff to do is that, you know what's coming up before we do. If we see a situation where we've got a PUD coming up where there's a mix of different types of housing, I think what needs to happen initially in the conversation with the developer, is introducing that some sort of component. However, it's got to be done in a way where perhaps they get additional density. I mean it's a give and take and it has to make financial sense because we're not going to get any financing for that. And we don't want to mess around with the market, if we don't have to so, take that under advisement. Ron. Conrad: Well there's still the issue at hand. Nancy wants to table this. Mancino: Well not table it. Keep it going. I mean there's another thing besides opening it up completely again so that, I mean we've heard the applicant and we've heard some neighbors but any new. I don't know what it's called. Yeah, I mean I have, when people haven't received notices, or it seems as if they haven't, I have a problem with that. Because by the time you get to City Council, it's done. Ledvina: Well I would agree with Ladd on this one as it relates to the notice. I was here when we went through this initially and. 52 Planning Commission Meeting s March 1, 1995 Mancino: Two years ago? Or three years ago? Ledvina: Two years ago. Three years ago. I think what we have at this point is a proposal that's much more acceptable to the residents. The neighboring residents given the fact that the density has been scaled down for this particular development. I think there's some small issues. While they're important issues but they're resolvable issues as they relate to the conservation easements and some landscaping. I don't know that anything else is going to get driven out of the wood, or whatever. I think that this has been extremely reviewed many times and I think it's in good shape. But that's my feeling. Conrad: This is a great staff report. It's far superior to what we had seen before. It's just, you know if we listened to what the neighbors said before, this is paying attention to it. I think what I'd prefer that we do is move it along. And normally Nancy I'd agree. And normally I like to find out about the lack of notice before we spend 2 hours. We should have killed it and brought it back rather than, you know no matter. Every time you open a public hearing, we're going to get the same input. It's hard to control. You know people want to talk, and I think the neighbors that said we didn't get notice of it, and more people would be here. That's right. They would and I think they still have a great opportunity to make their concerns known at City Council. I wouldn't say that if Council didn't open public hearings but they do and they make, you know. I think we're going to identify the real issues based on the comments and I think if the neighbors want to show their support for their feelings, they will show up and staff will make sure that they noticed. So again, I don't want to dominant this. There are more folks here but I don't really see a reason to bring it back and force citizens to come back at this level. The Council's still going to make their decision and the residents are still going to have the opportunity to talk to them. I'm pretty comfortable pushing it forward. Scott: And you're comfortable with the density transfer? Conrad: Absolutely. I think it's, yeah. Scott: Okay, good. That was another kind of a side issue. Okay. Ron. Nutting: I'm also ... to taking it forward. It's not, odds are we probably haven't heard every single issue that all of the neighbors would bring up but I think we've certainly got the significant flavor of what those issues are. And again, there seems to be a steady back and forth between the developers and the neighbors. That's attempting to address the issues. It's always a very difficult process but, and to my limited experience I've always seen public hearings too but I don't know that to the length of Ladd's experience. So I guess we're, Mr. Chair I guess the question is do. 53 Planning Commission Meeting - March 1, 1995 Scott: I guess we'll go for a motion. Conrad: Well I think we should have issues. Mancino: Well no, I think I'm hearing everyone say. I mean I'm still, you know I feel very principally believe that that's the responsibility of the Planning Commission to do it. I'm not saying that I think a lot of issues have been resolved, etc. I just think that there's a time and place that the principal of everybody getting to be at the public hearing and having their say, I just want to preserve that in a very formal way. And that's what we're here to do. So, be it as it may. Scott: Any other discussion? Conrad: Not on that issue. Scott: Another issue then. Conrad: Do you want to just talk in general? Scott: Sure. Conrad: Do you want me to lead it off then? Real quickly. I am impressed with a lot of the things that have transpired. I am impressed with the staff working on this. There's no perfect solution and I think that the residents and the neighbors are always going to have certain concerns. It's a little bit different housing type but again if my memory serves me properly, this is a quantum leap from the housing that we had scheduled to go here. It may not really be in the maybe the best interest in terms of rental. There is a rental need, more than likely. But in terms of a quality product that's going into Chanhassen, this certainly does do it. It may be even an income generator for the city, which is not any of our concern but it's probably such a quality that it's a real asset. I'm really not concerned about decks but I'll let somebody else. You know our setback is so far, I guess I don't get it when we start talking about decks and we're going to limit deck size. I don't understand. I don't know the rules that we're playing with when we start limiting decks. When we're a couple hundred feet away from the property line or whatever. I like what the developer said in terms of the lack of disturbing the grading. I do agree with the density transfer. It does lock us in however to the density going to the other area but I'm pretty comfortable with that at this point in time. The conservation easement, I think we should put in. The lighting, so it's directed down, I think we should put in. I think that's it. I really have very few comments on the actual items in the staff report other than the one that Dave wanted to delete. I guess I'm just approaching 54 Planning Commission Meeting - March 1, 1995 it from where we were, and from where we were 2 years ago, and what we approved, this is a better project. Scott: Good, Matt. Ledvina: Looking at the density issue. I think this is a very good site for the senior housing project and I would definitely support the density transfer. The city in conjunction with the Senior Commission has been working very diligently to find a site and when you look at all the work that they've done to look at sites and evaluate them and I know there's been actual field trips and combing the city essentially to find a site that meets their needs and I think they've found one here, and I think it will work out very well. I think in terms of the buffering and the transition, it's essentially on the corner of Santa Vera and Kerber. There is buffering to the north with the locations of those ponds and trees, etc. You can talk about a transition but if you have appropriate buffering, that specific density transition is not necessary, in my opinion. I think that type of density will work at that location. Looking specifically at the project that's in front of us, I have some questions about the layout of the buildings. Where we have the apartment buildings on the south. Let me back up a little bit. I know we had two interior roads and I know we had double frontage when we were looking at double frontage on the buildings. When we were looking at the apartment buildings but we have double frontages now for these townhomes and that concerns me a little bit. I don't know of instances where we really want to do that, especially when you have decks and those kinds of things off the back and we're 30 feet from a roadway. Can you address that? Aanenson: Well that's where the setback, Sharmin indicated is 25 feet so that would be obviously a prohibitor as far as putting an additional deck on there and I believe the applicant spoke to the fact that that's why they also want to put additional landscaping along Santa Vera to buffer that. Ledvina: Well Santa Vera, yes. But the interior I'm speaking. I just don't like the looks of that type of double frontage. I think it's really tight in there but the backs of those homes and the street, Kerber Lane in specific, the backs of the homes that will be constructed on the north side of Kelly Court. Just those units 28 to essentially 38. Those 10 units. I think there's something that's not quite right there and I don't know what we can do about it or what your comments might be. Aanenson: I guess I would compare it similarly to what's already there right now with the 8 units. You've got the 4 facing each other. It's a similar type thing. I mean there's just a driveway between them and they're facing each other and that's I guess the nature of the beast when you're looking at a townhome type product. 55 n ' Planning ommission Meeting - March 1 1995 g g , Ledvina: That they're facing each other, are you saying there's not a street in the back of ' them, is there? Aanenson: Well it's the driveway approach. So you'd have, here. Put this one up. That's the existing, right now we've got the driveway going between those units so you've got 4 units facing each other. Actually 8 units. Ledvina: Could you point to the unit? ' Mancino: This is what's behind Byerly's right now. Aanenson: These are the units that are built right now. So right now there's a driveway that comes down all the way to the end. So there's decks on these, and these 4 units all face either other. ' Ledvina: But those are 8 units a piece. They don't have any rear to them. But there's no rear to the home. 0 t 0 Aanenson: Correct. Ledvina: Okay. So that's really not the same kind of thing. I guess I'm thinking of it in terms of a detached situation. I know in a detached situation we'd say no way. That's not acceptable. And I know this is a little different scenario but at the same time, people will be using those back yards, you know. Well, maybe I should ask the applicant. Are there walkouts on the backs of those buildings? Bill Dolan: Yes, those are walkout units and they do face that street down there. On townhomes what you try to do is give them room for their patio and then as you might have noticed, some of the patios on the existing townhouses as they go up the street. But the patios do come out. They have a fence. So what will happen on those units that face that street where those patios come out, they'll be fenced so they don't bang the street right up to them. And they are, actually they were a little closer to the street and staff and so we talked about it and we decided we could move back a little. I think that we will come back to where they're 20 -25 feet from the street there now. With the fencing, we feel that will be satisfactory. Now the reason they are faced that way is because, you know the side and every ... it's a big deal and it goes up to the top of the hill. So you can't just shave the top of the hill off. You have to build into it... Ledvina: Right. No, I understand that. I guess I'm just seeing that the distance between the back of the homes and in Kerber Lane, or Kimberly Lane, I'm sorry. It's extremely tight. 56 L Planning Commission Meeting - March 1, 1995 Bill Dolan: No question about it. We will be fencing those patios. Ledvina: And then that raises another issue. Do we want fences along Kerber Lane? How is that going to look in terms of the streetscape? Bill Dolan: Well, that's typically what we do with those and maybe it's a good thing we talk about that now if you don't particularly want them. But that's typically how we do that to provide some privacy for people. And the fence is typically right at the end of the patio, which is like ... and then the grass would go down the street. Ledvina: Right. Well, I don't know if I've got a solution for that other than to say that things are too tight in there and I know that things have been tighten up to bring units away from the hill and that's a very strong objective but I'm thinking about our future residents that will live along this street and what they're going to have in terms of their streetscape. I guess my opinion would be that I certainly wouldn't want to see fences along there. I'd rather see that be, it would have to be heavily landscaped. I don't know if you can even stick a berm in there and landscape the berm. I think that might be real difficult. But the way I see it now, I don't really like it. Bill Dolan: ...say we don't build lot fences there, I guess we do that typically with our patios now. We have on the other projects. Ledvina: Right, okay. I'll let some of the other commissioners comment on that. I think the units on the north side, they're okay. I guess some of them are fairly tight. There's about 15 to 20 feet in some instances. Maybe even less. Like between Units 11 and 10. And then again on the south side they get tight in spots as well. I don't know solutions other than reducing the number of buildings in terms of that feeling of tightness. I guess we've got a piece of land and we talk about potential density of x number of units, whether it's 9 or 12. I think when you look at the usable acreage, you still have to make sure that even though you're at a density of 6 or 9 or whatever it happens to be, that what you have in the area that you're developing, really works. I'm not saying this doesn't work but I think there's got to be some fine tuning that's able to be done to help this out a little bit. I don't really know what that is right now but I'm open for suggestions on that. Questions on the conservation easement. Did we suggest that it would be 30 feet from the rear of the, or 30 feet from the building along the north side? Is that how it was laid out? Aanenson: Correct. I think it was always the intent of the neighbors that that part be left in a natural area. I guess their concern was that you have people end up mowing or planting gardens and pretty soon it's down. They've taken out vegetation. 57 C 1 0 11 C' Planning Commission Meeting - March 1, 1995 Ledvina: Can we add it as a condition? Aanenson: Sure. I think the developer's agreed to that. Bill Dolan: No problem. We expected that. Ledvina: Okay. Okay. Bill Dolan: Typically townhouse people, other than their own patio. See they don't mow the grass anyway. So that's common grounds so. Ledvina: Yeah. I wouldn't want to. I mean ... but just a message, or just a comment about the situation with the decks. I would support putting in a condition limiting the size of the decks to 80 square feet. And the reason that I would do that is I think you talked about this earlier. If you build off the back, you're going to have these structures. You know, even though they are several hundred feet from the neighboring properties, you're going to have these posts and things like that, that are 20 feet long to get the footings down into, down the side of the hill so I think 80 square feet is usable space and it also will keep them fairly close to the ground. So I would support that. Well I think that's it for me right now. Scott: Okay, Nancy. Mancino: Let me start with saying that density transfer and to the senior housing, I'm in full support of I am a little concerned about knowing there are going to be 70 units and not seeing a layout of them and how it's all going to work. I mean I have some concern but there's no question that I do fully support the senior housing and in that location. I think it's been worked out well. One of the questions Matt, or somebody brought up about the backs of those townhomes on Kelly Court which will back up to Kimberly Lane. Just a suggestion. Can you shorten the driveway at all so that you have a little bit more room to do some berming and some landscaping behind the patios? Bill Dolan: On the other side? We will shorten it as much as we possibly can. Aanenson: We looked at that already. ' Mancino: Is that something that helps? Aanenson: We tried to condense this because when it first came in we were concerned about how far down the hill. We are also concerned that we have enough parking when visitors are there that we're not blocking the street. Just to respond further back to Matt's concern. I 58 Planning Commission Meeting - March 1, 1995 agree, it's a concern and we looked at this as a product but I don't think that it's any different than we looked at on Mission Hills and the one we most recently looked at on Autumn Ridge. We have a few places where this is a private street. And typically they're not, people aren't buying these for the yard. I understand what your concern is but we tried to take those units and bring them up the hill and we've condensed them as much as we can and still allow where we've got enough space for people to park in the driveway. We looked at that and believe me, that's why this was noticed twice before it came here because we've kept trying to revise it and crunch it as tight as we can get it and still make the numbers work. But I understand your issue. But we want to make sure we've got driveways that cars can park in, because there's no parking on a private street. There's no parking. So we have to make sure that we do have enough parking in there that we can get emergency vehicles through so. If there is room to look at it but I think we're pretty tight. Bill Dolan: Oh we are. Obviously if there's anything that we can do, we'll work it out with staff. We've been working with them all along. Mancino: And the only other suggestion that I would make on top of Matt's is, I would favor a more densely vegetated area versus a fence. A privacy fence. Now, I don't know if that means the people can still put up a privacy fence if they want to or not, but at any rate. Ledvina: Well I don't know. Aanenson: It's a PUD. You can make it a condition of the PUD. Ledvina: I think fences along that street would be very unattractive and I would support making that a condition. Eliminating the use of fences. Mancino: Okay. Bill Dolan: You're suggesting use vegetation instead? Ledvina: Yes. If they want to achieve screening, that they use vegetation and landscaping to provide that screening. Mancino: I'd like to make the comment that I think that the applicant has done a wonderful job of, extraordinary job of trying to preserve as many of the oaks, the white oaks as possible. Building retaining walls, etc so I am very glad about that. One of the things that I would suggest to city staff is, is that during this time of construction, which is you know, the oaks are very susceptible and very fragile, that our forestry intern spend some extra time ... that she visits the site and makes sure that everything is going well. 59 u C Planning Commission Meeting - March 1, 1995 Bill Dolan: ...you mentioned that. The environmental laws that are now getting passed and the tree ordinance and so on that you have passed in the last few years and so on, we're taking note of that as to design and so on and so forth ... and that's what happened and this gentlemen was talking about, what he doesn't know that before we got through with that project, I personally fined that fellow. But now he's learning, okay. And now we have fences. We fence those areas and so on and so forth but until we all get in step with everything... Mancino: Okay. On recommendation number 2, I would just like to add to change Lot 52 to Outlot A. I would like to also add the line, this outlot can never be built upon. Because I think outlots can be built on. I mean we've built on. Al -Jaff: No, they can't. Mancino: Oh they can't? Aren't we building on an outlot right now? ' Aanenson: Well it'd have to come back and get ... we're just doing the preliminary plat right now. I Mancino: Oh! So we don't need to add on that? ' Aanenson: No. Scott: Do you have any questions, specific questions for the applicant because you've been ' standing there. Bill Dolan: Oh, that's alright. ' Mancino: No, I don't. ' Scott: This is kind of more of a discussion time for the commissioners so, have a seat. ' Mancino: Sharmin, about the height of buildings. Where do we measure the height of the building? For instance, there are some buildings that I have seen that look over 40 feet tall to me in Chanhassen and that is, I mean like on the townhouses that are going to be on the ' north side of Kimberly Lane and the basements are going to be 9 or 10 feet tall. Do we, is the height at the lowest building point? Al -Jaff: We're actually taking average between the heights and the... elevations. WE Planning Commission Meeting - March 1, 1995 Mancino: It's an average, okay. So there are, that is why there are buildings that are taller than, I thought you went to the lowest. So what will the building heights of these be from the lowest level? Do you have any idea? Do you have any idea of the product? Kirk Vallette: From this point of the roof ..will be about 35 feet, even on the back side. That's the mid -point of the roof. Mancino: Is that here or is that at the peak? Kirk Valette: No, it's not at the peak. It would be halfway between those two. A vertical distance would be right... Mancino: And that's about 35? Kirk Valette: 35... Mancino: Okay. The only other suggestion that I would like to make is that in number 4, I would like to add, not or color but and color so that we do have a variation in color between the townhomes. And also that if the electrical, and I'm thinking of Oak Ponds right now. If the electrical from the 4 units are going to come together in one place and be on the outside of the unit, that that be covered. Boxed in. Because one of the things that I notice on Oak Ponds as I drive through there is that all the electrical faces to the streets and I would like to camouflage or hide. Aanenson: We'd have to check on what we can do as far as building code because that's the power panel box. There are specific. Mancino: They're actually attached to the units? Aanenson: Right. There are specific codes as far as height but we can certainly check on that and see what you can screen it and landscaping wise. Mancino: Yes, it can be landscaping but it would be year round landscaping. Thank you Those are all my comments. Scott: Ron. Nutting: I'm also in support of the density transfer. Also to echo the comments about the conservation easement. The lighting issue. Decks and also Matt's and Nancy's comments with regards to the privacy fences. We get into the subject of transition here and I think 61 [I ' Planning Commission Meeting - March 1, 1995 really the main issue I see for transition is really the screening and the buffering in terms of, ' it appears to be that there's a good back and forth going on with the developer to put in some additional trees and so forth. Like it or not, the distance is some element of transition and in the process, and that is my perspective and so, I think any additional cooperation between the ' two sides with respect to the screening and the height and so forth is really what I see as being one of the key issues. So other than that I would support the additions that have been ' discussed thus far. Scott: Okay. Can I have a motion please? ' Ledvina: I would move that the Planning Commission recommend approval of Amendment to PUD #92 -3, preliminary plat to subdivide 8.5 acres into 51 lots and one outlot and Site ' Plan Review #95 -3 as shown on the plans dated February 16, 1995 and February 21, 1995, and subject to the following conditions. Outlined in the staff report with the following changes and additions. Elimination of condition number 1. Modify condition number 4 to ' change the second sentence to read, introduce some variation among buildings facing north through the shape, eliminate facing north. Introduce some variation among buildings through the shape of windows, adding louvers, shifting entry ways, adding dormers and color. The ' rest will read as stated. Condition number 12. Should I go through everything? Aanenson: We've got them modified. ' Ledvina: Okay. Condition number 12 to read per the recommendations identified in memorandum dated March 1, 1995 from Steve Kirchman to Sharmin Al -Jaff, subject 92 -3 ' PUD. Okay. An addition of condition number 27. The lighting shall meet the maximum intensity permitted at the property boundaries. The maximum permitted by ordinance. Number 28. The size of the decks shall be limited to 80 square feet. Number 29. Conservation easement shall be established beyond 30 feet of the rear of the buildings along the north side of the development. Condition number 30. Fencing for screening is not allowed within the development. Condition number 31. The applicant shall provide ' additional landscaping to account for the expansion of the footprint down the hill and to provide additional vegetation in areas acceptable to staff. Condition number 32. Preliminary plat shall be public noticed for the City Council meeting. ' Conrad: I second. ' Scott: It's been moved and seconded that we pass along the staffs recommendation as modified. Is there any discussion? 62 Planning Commission Meeting - March 1, 1995 Ledvina moved, Comad seconded that the Planning Commission recommend approval of an amendment to PUD 992 -3, preliminary plat to subdivide 8.5 acres into 51 lots and one oudot and Site Plan Review 995 -3, as shown on the plans dated February 16, 1995 and February 21, 1995, and subject to the following conditions: 1. Change Lot 52 to Outlot A. 2. Amend the PUD contract to permit the transfer of density within the development of Oak Pond. 3. The townhome units shall conform to the design and architecture as proposed by the applicant in their attached renderings. Introduce some variation among buildings through the shape of windows, adding louvers, shifting entry ways, adding dormers, and color. Introduce new elements to break up the large roof span on Building B. 4. The developer shall incorporate street lights into the overall development plans. Street lights shall be placed along the interior streets and intersections with Santa Vera Drive. The plans shall be revised and submitted to staff for review and approval. 5. A cross - access easement shall be conveyed to all the lots for use of the private street and utilities. 6. Park and trail dedication fees shall be paid in lieu of parkland dedication as required by ordinance. 7. Plans shall provide one visitor parking space per 6 units. 8. Fencing shall be placed around the stand of trees to minimize impact during construction. Protected trees lost due to construction must be replaced on a 1.2 canopy basis in accordance with a plan approved by staff. 9. Fire Marshal conditions: a. Provide an approved turn - around at the west end of Kelly Court or sprinkler units beyond 150 feet from the intersection of Kelly Court and Santa Vera Drive. b. "No Parking Fire Lane" signs shall be installed along Kimberly Lane and Kelly Court at 75 foot intervals by the applicant. Pursuant to City Policy #06 -1991. 63 u I Planning ommission Meeting - March 1 1995 g g , C. Turning radii on the private streets shall be approved by City Engineering and Fire ' Marshal. d. Additional fire hydrants will be required at the east entrance to Kelly Lane off Santa Vera Drive, also at the east entrance to Kelly Court off Santa Vera Drive and between Lots 29 and 30. e. A ten (10) foot clear space must be maintained around fire hydrants. I 10. The applicant shall enter into a PUD contract with the City and provide the necessary financial security to guarantee compliance with the terms of the development contract. I 11. The applicant shall comply with the Building Officials recommendations as outlined in the memo from Steve Kirchman to Sharmin Al -Jaff, dated March 1, 1995. ' 12. On Sheet 6 of 10, the plans indicate a definition of the construction limit fencing that states "...snow fence shall be constructed to keep all manner construction activity in the canopy area..." The wording should be changed to read "...snow fence shall be ' constructed to keep all manner construction activity out of the canopy area..." 13. Type III erosion control fence shall be installed and maintained along the entire westerly ' perimeter of the construction limits adjacent to the wetlands. Type I erosion control fence may be used on other areas. The applicant should be aware of that additional erosion control may be required behind the curb on the south side of Kimberly Lane. L I I 14. All areas disturbed during site development shall be immediately restored with seed and mulch, sod and /or wood fiber blanket within two weeks after site grading is completed unless the City Best Management Practice Handbook planting dates dictate otherwise. All disturbed slopes of 3:1 or greater shall be restored with sod or seed and wood fiber blanket. In any case, all disturbed areas must be restored before November 15, 1995. 15. The developer shall construct the utility and street improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. The construction plans are subject to a final City review and approval process. Upon completion of the street and utility improvements, the applicant shall supply the City with as- built, mylar drawings. 16. The developer shall obtain all of the necessary permits from the Watershed District, DNR, MWCC, Minnesota Department of Health and comply with all conditions of the permits. 64 Planning Commission Meeting - March 1, 1995 17. The developer will be responsible for maintaining the storm sewer sediment basins until the entire development is built out and all areas are full revegetated. Upon completion of the project, the sedimentation basin located in the northeast corner of the site shall be abandoned and the storm sewer extended to the east pond. 18. The applicant shall provide the City with updated drainage and ponding calculations for the entire development including Phases I and II. The storm sewer shall be designed for a 10 year storm event. The applicant shall document that the existing storm sewers are capable of the additional runoff from Phase III. The City may require additional catch basins pending review of the final storm sewer calculations. 19. The applicant will be responsible for restoration of the City's boulevard along Santa Vera Drive. Security shall be included in the PUD agreement to guarantee boulevard restoration. 20. Kelly Court shall provide an acceptable turn around to the Fire Marshal or all units beyond 150 feet within Kelly Court shall be sprinklered. 21. Landscaping shall be rearranged along the east lot line of Lot 52 in a fashion that will allow access to the easterly ponding area by City maintenance crews. 22. The final plat shall dedicate drainage and utility easements over Lot 51 for wetlands and the storm water retention ponds up to the 100 year flood level. In addition, a 20 foot wide drainage and utility easement shall be dedicated on the final plat along the east lot line of Lot 52. 23. The applicant shall submit to the City for review and approval haul routes for exporting I of material from the site. 24. All of the utility and street improvements will be privately owned and maintained by the ' homeowner's association. The covenants /association by -laws shall incorporate language notifying the homeowners of this responsibility. 25. The driveway access to Lot 49 shall be separated from Lots 50 and 51. 26. The lighting shall meet the maximum intensity permitted by ordinance at the property I boundaries. 27. The size of the decks shall be limited to 80 square feet. ' 65 ' J J l 7 Planning Commission Meeting - March 1, 1995 28. Conservation easement shall be established beyond 30 feet of the rear of the buildings along the north side of the development. 29. Fencing for screening is not allowed within the development 30. The applicant shall provide additional landscaping to account for the expansion of the footprint down the hill and to provide additional vegetation in areas acceptable to staff. 31. Preliminary plat shall be public noticed for the City Council meeting. All voted in favor, except Mancino who opposed, and the motion carried with a vote of 4 to 1. Scott: And Commissioner Mancino, your summary. Mancino: My no has nothing to do with what the applicant has brought before us. It has to do with looking at a preliminary plat, a revised one that came in 3 years after the first one and it seems tonight that the neighbors in the area did not get notice of it. And that's why I'm against it. PUBLIC HEARING: PUD AMENDMENT FOR CHANHASSEN BUSINESS CENTER TO SUBDIVIDE OUTLOT C INTO 7 OFFICE/MANUFACTURING/WAREHOUSE LOTS, AND ONE OUTLOT ON PROPERTY ZONED PUD AND LOCATED WEST OF AUDUBON ROAD SOUTH OF THE TWIN CITIES & WESTERN RAILROAD, AND NORTH OF LAKE DRIVE WEST, CHANHASSEN BUSINESS CENTER SECOND ADDITION, ENGELHARDT AND ASSOCIATES. Kate Aanenson presented the staff report on this item. Scott: Okay, any questions or comments for staff? Dave, comments? Hempel: No initial comments. Scott: Okay. Would the applicant like to make a presentation please? Bill Engelhardt: Mr. Chairman, members of the commission, I'm Bill Engelhardt. I'm representing the owners of the project which is the Audubon 92 Partnership. I think I can make this very brief, unless you have some direct questions then we can address those. .. C