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4. Preserve at Rice Lake Concept Plan0 CITY OF CHANgASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.2271400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Sharmeen Al -Jaff, Senior Planner DATE: January 28, 2013 8! � V SUBJ: Concept Planned Unit Development — Preserve at Rice Lake Planning Case 2013 -02 EXECUTIVE SUMMARY On Saturday, January 12, 2013 the applicant hosted a neighborhood meeting. On Tuesday, January 15, 2013, the Planning Commission held a public hearing on the request which was attended by residents, who voiced their concerns regarding the proposal. Summary and verbatim minutes are attached. The Planning Commission reiterated some of staff's comments in the report and recommended the City Council consider dual - guiding the site to Low and Medium Density to allow for flexibility to leave wetlands untouched. ATTACHMENTS 1. Planning Commission Summary & Verbatim Minutes dated January 15, 2013 2. Planning Commission Staff Report dated January 15, 2013. g: \plan\2013 planning cases \2013 -02 preserve at rice fake concept pud \staff report cc.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission Summary — January 15, 2013 4. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. The applicant must obtain, and the City must have received copy of, an Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts. 6. A signed Landowner Statement and Contractor Responsibility form shall be provided to the City prior to commencement of activity. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: PRESERVE AT RICE LAKE: REQUEST FOR A CONCEPT PLANNED UNIT DEVELOPMENT (PUD) FOR A 15 LOT SINGLE FAMILY DEVELOPMENT ON 13.2 ACRES OF PROPERTY CURRENTLY ZONED RSF- SINGLE FAMILY RESIDENTIAL AND R4- MIXED LOW DENSITY RESIDENTIAL, AND LOCATED SOUTHEAST OF THE INTERSECTION OF WEST 86 STREET AND TIGUA LANE. APPLICANT: JOHN KNOBLAUCH. OWNER: CHESTNUT GROUP, LLC, PLANNING CASE 2013 -02. Sharmeen Al -Jaff and Kate Aanenson presented the staff report on this item. The applicant, John Knoblauch, 1450 Knob Hill Lane, Excelsior addressed the challenges associated with working with this parcel of land and asked that the Planning Commission change the zoning to medium density. Chairman Aller opened the public hearing. Mary Muirhead, 424 Monk Court stated if she had her druthers the land would never be developed and leaving it undeveloped helps her property value. If development is a foregone conclusion then her biggest concern would be the location of the road. LuAnn Markgraf, 401 Rice Court, which is the last building and the closest townhouse to West 86 Street, commented on the impact of the road entrance, wetlands, proximity to the townhouses, and traffic issues on 86 Street and TH 101. Steve Lehto, 8591 Tigua Lane explained the impact this development will have on his property which abuts the proposed project all the way to 86 Street. Selfishly he would like to see the property never developed but if development is inevitable, then he would prefer to see the least amount of impact as possible. Arturo Urrutia, 408 Monk Court stated he would like to second the comments by the previous speaker. Chairman Aller closed the public hearing. After comments from commission members, the following motion was made. Tennyson moved, Hokkanen seconded that the Chanhassen Planning Commission provide the City Council with comments and feedback, and direct the applicant to address issues raised in the staff report dated January 15, 2013 along with staffs proposed comments listed in the staff report dated January 15, 2013. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated December 4, 2012 as presented. COMMISSION PRESENTATIONS. None. CITY COUNCIL ACTION UPDATE. Kate Aanenson provided updates on action taken by the City Council at their January 14, 2013 meeting, reviewed the schedule of future Planning Commission meetings, and informed the commission that Commissioner Kathleen Thomas will be resigning the end of April. 2 Chanhassen Planning Commission — January 15, 2013 PUBLIC HEARING: PRESERVE AT RICE LAKE: REQUEST FOR A CONCEPT PLANNED UNIT DEVELOPMENT (PUD) FOR A 15 LOT SINGLE FAMILY DEVELOPMENT ON 13.2 ACRES OF PROPERTY CURRENTLY ZONED RSF- SINGLE FAMILY RESIDENTIAL AND R4- MIXED LOW DENSITY RESIDENTIAL, AND LOCATED SOUTHEAST OF THE INTERSECTION OF WEST 86 STREET AND TIGUA LANE. APPLICANT: JOHN KNOBLAUCH. OWNER: CHESTNUT GROUP, LLC, PLANNING CASE 2013 -02. Al -Jaffa Good evening Chairman Aller, members of the Planning Commission. Before you is a request for a concept planned unit development. The site has an area of 13.2 acres. It is located southwest of the intersection of 86` Street. West 86` Street and Tigua Lane. Just briefly, this site was part of the parcel located south of Highway 212 and with the construction of Highway 212 it was segmented into two pieces. The 13 acres to the north and the remainder, I believe there were 60 acres to the south which were developed by another developer as single family detached homes. So the remaining piece, the 13 acres that is before you today, it is currently zoned, it's currently guided Residential Low Density which allows for 1.2 to 4 units per acre. The westerly half of the site is currently zoned Single Family Residential which permits attached as well as detached single family homes. The easterly portion is Mixed Low Density which allows for townhomes. Some of the characteristics of this site include a complex of different bodies of wetlands all along the northerly portion, the westerly portion, as well as a few along the east side of the site. Highway 212, a four lane highway is located south of the subject site. The site falls within the Shoreland 'Overlay District of Rice Marsh Lake. That entire area that is within 1,000 feet of the ordinary high water mark of a lake is considered shoreland and it falls under specific regulations that any development would have to adhere to. The buildable area on the site. What we attempted to do was just look at the location of the wetlands and just highlight the buildable area on the site solely based on the setback from the edge of the wetlands and what you see shaded in pink, that becomes the buildable area of the site. What the applicant is proposing to do is build single family homes. If we look at, and this plan was submitted by the applicant. The typical home that they intend to build will be 60 feet in depth and will require 52 feet in width. When we have these homes on the proposed lots, some of the house pads will encroach into required setbacks. Some of the homes don't meet width requirements for the shoreland ordinance. So there are sections that will need to be addressed. They just don't meet the regulations that are required in the wetland as well as the Shoreland Overlay District. To be able to accommodate the type of product that the applicant is requesting, one of the things that the City could entertain is re- guiding this site to medium density. It would be dual guiding it to low density as well as medium density. When we guide it to medium density one of the things that the planned unit development ordinance will allow us to do is really work with the site. There is no minimum lot area. There is no minimum lot width. That will allow us to look at the features of the site and position homes so that they are respectful and conscientious of how can we develop without impacting the natural features of the site. We are recommending that the Planning Commission provide us with feedback. We have raised some issues within the staff report that are still of concern. The current plan that the applicant is, has submitted does not meet the intent of a planned unit development. We believe that it is doable. It just requires some additional work by the applicant. Aanenson: I'd like to just add a couple more comments. Can you go back to the slide? In looking at this project and the shoreland district, we've gotten feedback from the DNR that it does not meet the intent of the shoreland district so, because we believe that the single family housing product and meeting the goals of the number of units that the applicant wanted, somewhere around 16, staying at that 4 units an acre, which is low density by the City ordinance, we believe that it can fit on this site and meet the ordinance requirements, not only for the City's ordinance but for the shoreland regs and not filling any wetlands and avoidance and meeting all that. We do believe the PUD is the right tool for the fact that in order to get access to this site coming off of West 86` Street, to go through, to get that access you are going to impact roads, no matter what product you were to put on that site. The only way to service that via sewer would Chanhassen Planning Commission — January 15, 2013 have to come off that way so to narrow that road to less impact as we just talked about in the last application, we believe that the PUD is the right tool. The problem with the low density is it doesn't fit within the shoreland regs. That flexibility that we have in place so the reason we were recommending the dual guiding is that if this application wasn't to go forward and the council wanted to revisit some other application, that would give them the leeway. Again because this is concept we're just looking for direction and what we're telling you is that we don't believe that under the low density that this application could go forward under that. There's, it just doesn't fit under the current regs but we believe getting to the 4 units an acre, keeping the 50% open space under the medium density would make some sense so with that, with some of the conditions that we put in the staff report, we would recommend kind of moving in that direction so with that, that's kind of our position and we're looking for some direction from you and then also from the City Council on that so, I think Sharmeen did a good job kind of explaining the issues that we have so, be happy to answer any questions you have on that. Aller: Even if we were to do or look at moving toward the ... PUD with the medium density, we would still have to meet the shoreland requirements, right? Aanenson: Absolutely. Aller: ...overlay that has to be met. Aanenson: Absolutely. The difference is with, the way our shoreland ordinance is written, it's very prescriptive as far as lot size under that low density. The medium density allows greater flexibility. It's similar to what we did up on, up on the 2005 MUSA area. We have some of those lot sizes are different so it would still accommodate the single family home. We'd keep the buffers and the setbacks in the preservation area but allows for a smaller lot. It would meet the goals of trying to provide a single family lot so it doesn't have to be a 15,000 lot. It might be a 11,000 or a 12,000 square foot lot. Similar to what Ryland just did. Excuse me, what Lennar just did across the street and so. Aller: Even at the medium density which allows for flexibility, it allows us to move the lot sizes and the structure on the lot. But I don't see, based on the map that's in front of us where we would be getting 15 units. Aanenson: What you're looking at now is you're looking at it as it's laid out meeting the larger lot. If you were to go similar to what Lennar has across the street, which is the similar property, with also some of those lots fell within the shoreland. That was the RLM which allowed you to go as small as. Al -Jaff: 9,000 square feet. Aanenson: Yeah. Al -Jaff: And 63 or 64. Aanenson: Yeah, 65. I don't think they were that small in that subdivision. AI -Jaff: Correct. Aanenson: But they were selling very well there so we believe that, based on the house plans that were submitted, and reconfiguring that. Again that's up to the applicant to do that but we believe it can be met based on that and without impacting, meeting the ordinance requirements. Aller: And we're here for concept purposes. Chanhassen Planning Commission — January 15, 2013 Aanenson: Correct. Aller: We're not here to make a decision or say that this plan is set in stone or even moving forward because it's really up to the developer to take the comments... Aanenson: That's correct but I guess what we're saying is under the, under the low density or the application that came in, we don't believe that could advance solely on, the other path that could be taken which we're asking your feedback on is to go towards the re- guiding of the property. Then again it would have to come back through for a public hearing but just to get your read on that. Aller: And then with some of the other issues that are in the staff report that I would see this coming forward with the hardscape requirements at 50 %. With driveways and garages or patios, are going to need to meet that? AI -Jaffa They will have to provide us with all of that information so the next step will be figuring out exactly where that 50% open space is and then calculate the hard surface coverage on the site, and that would be part of the planned unit development regulations that we would put together should this project move forward. Aller: Any other questions at this point? The applicant wish to come forward and make a presentation? Welcome sir. Come forward, state your name and address for the record. John Knoblauch: Chairman Aller, staff and the Planning Commission, my name is John Knoblauch. I live at 1450 Knob Hill Lane, Excelsior, Minnesota. I'm the applicant for the Preserve at Rice Lake. Couple comments. This property, the landowner has drawn somewhere in the neighborhood of 12 different drawings on this subject parcel here we're working on. Staff's done a great job trying to work with myself in this challenging piece of property, but we have drawn about, I think we're on our eleventh shot at this as far as working with staff and trying to make a project that makes sense. The new drawing that we submitted on Monday is not shown here and that would fall closer to Kate's comments of the lots are 10,000 square feet. There's 16 lots. They meet the 4 units per acre of developable land. We have a total wetland impact I believe of point, on that new drawing I think it's .14 total and seems to be pretty close to, pretty close to what I think is a very doable project for us. So yes, we would like to ask to switch to that medium density situation so that we can proceed and work with staff to try to massage this to get it to work. The wetland impacts, just the drawing up there obviously is a little exaggerated because of the bigger lots. The V that you see coming with some red and orange, which are the buffers for the wetlands, just to make you aware. That is a 23 foot buffer so the triangle is greatly exaggerated because from the actual wetland it'd be 23 feet so those would be rounded off, just to let you know on that triangle there. We have a new drawing now that has a similar setup there in that area but we actually only have about 300 square feet of wetland that would be affected, or actually not make your buffer setback from that Type I wetland. I'm sorry, Type 3 wetland. So I'd like, I don't think we have that from Monday? Aller: Are these wetlands delineated now? Aanenson: No, I think at this, we didn't want to put the new plan in because I think it's kind of a moving target. I think we're trying to look at some of the macro issues and it's defining the parameters of the development. The shoreland district. The impact to the wetlands. Those were kind of the driving factors. Can we get sewer to the site? How is that connection going to be made? There's still a few question marks that need to be resolved on where that's going to be so really the goal here is before we went into actually laying out the plat is, we believe based on the parameters that are set in place that you would have to go to a smaller lot. And even if you changed the density to medium you still have to get to 4. 7 Chanhassen Planning Commission — January 15, 2013 You can't go below that. So we believe that you know if we get to the 4 buildable acres at 4 units. Working through all the design, you know limitations we can make that work and the lot sizes, they're not all going to be at 9. They'll probably be closer to 11 or 12 I think is what we were looking at. Al -Jaffa This one is 11. Aanenson: Yeah, in area which is similar to what we just did across on 212 so. Yep, and meeting the 50% open space so it would have to meet all those regulations but we didn't want to show that plan now because our whole staff report bases on this. Really the goal here tonight is to say, do you believe this is a reasonable way to, to proceed for this application to go forward? That's really the goal here because 1 think you know we're going to have to go through all that detail in the next iteration of the plan itself. Aller: Right, and it sounds like you're well aware of the wetland issues, which are probably will be the biggest ones that you have to face once, regardless of the zoning. John Knoblauch: Right. Aller: You'll have to deal with the other entities, the State entities with regard to how you're going to put these and what impacts. John Knoblauch: Yes, no doubt and I think you know the, as far as this design, what I think it brings a couple nice things to the table I think. You know it fits well with the surrounding area. The path which would finally get connected to the east, which would be a nice trail for the neighbors. We are proposing a sound wall to continue from the townhomes to the west in similar fashion across the next to 212 which would be, we're figuring right now, I mean we haven't completely had noise studies. We had preliminary noise study done but somewhere in the 6 to 8 feet going across the berm, which is basically across the lower part of the drawing up on the board there. And then we're planning on, if we can work out with staff the 16 lots, we're planning on this parcel to the west, which actually turned out to be about an acre and a half would end up, which is good, high ground, would end up being dedicated to the City, which would be nice open space. To the, on the east side, I'm sorry. Yeah, it's a very challenging piece of property but I think it's a really good site for my product because I build a really nice 2,800 to 3,000 square foot two story and I think, the pad area that I've got figured with patio, 3 car garage will fit well underneath the 30% hard cover, including you know driveway, sidewalk and the pad sizes we drew on that sketch. On the new sketch actually mirror this house and I actually made an attempt to oversize the garage from what we normally do to make sure that staff felt comfortable that these homes that I'm proposing will have no trouble down the road and we won't be back asking for situations that they don't enjoy so. Any questions? Aller: Anyone? Not at this time. Thank you very much sir. Aanenson: Mr. Chair, can I just add one other point of clarification? We didn't discuss, there's a lot of other things that need to be, we talked about the applicant just briefly talked about the noise wall that needs to take place and we still haven't finalized where that sewer location tie is going to be. There's a lot of other design issues. Again we're just kind of back talking about, is this the right way? You know we've worked through a lot of different designs that didn't seem to fit so we're just trying to decide the right path before we come back with all that detail. But there's quite a few things that still need to be addressed. Aller: Ultimately the question is if it goes forward, the best option for it may very well be the increase to allow for a PUD at the medium density so that we don't pigeon hole whether this goes forward but we don't stop another person from coming in and doing something different if this one does not go forward. Chanhassen Planning Commission — January 15, 2013 Aanenson: That gives you the flexibility, that's right. You have another public hearing on that. As you recall we changed the PUD ordinance so it can go down to the smallest is 11. It's the frontage requirement that's hanging us up in the shoreland district of 90 feet of frontage. That's what's hanging us up so. Aller: And staff is comfortable with that potential modification based on the 2030 plan and it fits. Aanenson: Correct. Again... ordinance requirements, correct. Aller: Can it be done water wise? Jeffery: Chairman Aller, I believe it can. Again it would be on the applicant to show that it can. You know there have been, I don't what? 11 iterations now. Every one seems to get a little closer so I guess time will tell but I think there's probably a way to make it happen. Aller: And if not this one, the flexibility would allow for another applicant to come in. It would just be a new look, a fresh look as far as you're concerned for purposes of the impact on the wetlands. That the property. Jeffery: That is correct. That is correct. Aller: ...any additional work. Okay. Let's open up the public hearing portion. Anyone wishing to come forward, please do so. State your name and address for the record. Lots of lookers, no talkers? Welcome ma'am. Mary Muirhead: Thank you. My name is Mary Muirhead and I live at 424 Monk Court so my townhouse would directly face, it directly faces the marshland. Judging from your last comments I can't quite tell whether development is a foregone conclusion. If I had my druthers the land would never be developed. It's leaving an undeveloped helps my property value at a time when everyone has experienced loss in property value. I moved here from Anoka County where I was on 4 acres on the Rum River and one of the things that just astounded me was the fact that I moved down here and I actually had a sense of being more in nature than I did at the spot that I had been living and it would make me very sad to lose that. One of the, if construction is a foregone conclusion at some point in time in the future then I think my biggest problem with this development is where the road is. I mean the road cuts as close to the townhouse property line as possible and just the thought of having headlights in the evening and then additional traffic as people are going into their homes, that just is a concern to me so respectfully speaking if this didn't go forward I would not be at all sadden. Aller: Thank you, and this is exactly what we're here for is the concept so that the developer and the council can get impact statements from people with regard to what they feel should be done with the property so construction is never a foregone conclusion. We have to see what happens. Things have been approved and never move forward too so thank you for coming. Mary Muirhead: So then let me be that much clearer, please leave it undeveloped. Aller: Anyone else wishing to speak for or against, or commenting? Good evening. LuAnn Markgraf. Good evening. My name is LuAnn Markgraf and I live at 401 Rice Court and I'm in the townhouse development. I'm the very last building and the unit closest to 86` so I would be definitely impacted by the entrance the way this roadway concept is designed now. I have lots of trees. 0 Chanhassen Planning Commission — January 15, 2013 It's not that far back to the wetland, to the pond. It's very narrow. I mean how you could even think of even putting a narrower street in there to accommodate the wetland, plus put a sidewalk and then try to make it more attractive by putting spruce trees up so we're not impacted by all the traffic that would be going in and out because it would be coming in and out right out, out my deck. Right straight there and there is not that much room back there. It is beautiful. I don't understand why the entrance needs to be right there against the back of that last townhome building. I do believe from everything that I've read since Saturday that there is a great impact on that roadway and all that wetland that's behind that area in that little circular area that you see there. I have lived in that townhouse since the development was first built. I've been there since 1996. When I was, when I first moved in there was not even one single family house and none of those homes in Mission Hills Lane were built. There has to be, this is such a great impact on the wetlands and the proximity to the townhouses and I think the association, I don't know if they have been involved in this at all. They would need to be involved because that property line, which you had said Saturday all those trees would go. I mean that, I've got some big old oak trees. I've got a dense property on that corner right there and to have all that gone and to have all that traffic in and out, plus I also think it would also be problems with traffic on 86` and 101. There's already enough problems with 86` and 101 without it being a controlled intersection. Especially coming from 212 and going north on 101. A lot of people go through the single family homes to bypass that intersection of 86` and get onto 101 from farther down. So there is a lot of issues with this concept and just because we're a townhouse development should not bear anything that we get the bad end. Oh, you'll have the traffic in and out. You'll have you know all this beautiful area, all these trees, the wetlands back there impacted. It is absolutely horrible to even think of having that on that western edge ofthis development. Aller: Alright, thank you. Anyone else wishing to speak for or against? Good evening sir. Steve Lehto: Good evening. My name is Steve Lehto. I live at 8591 Tigua Lane so our, my wife and I have the property that's in the upper right corner of the map, which abuts this property all the way to 86"' so we're going to have a lot of impact. And I'd like to echo the comments of the first person who spoke tonight that when we bought our home in the summer of 2010, one of the main reasons we fell in love with the property was the fact that it was indeed in nature and the impact of a development like this is obviously going to be significant for us. Again in line with what the first person stated, our view is that you know it would be best for us selfishly if the property were never developed but if development is truly an inevitability, we're looking for something that is obviously going to be as, the least amount of impact obviously to our property and also to the neighborhood. I guess I don't know what different options might exist out there. What the difference really is. We're going to obviously have to do some research too but the difference between low and medium density, I'm not certain how that impacts potential developments that another applicant might bring before the council but in some ways it seems like this, the 11 drawings that were mentioned have gone some way to try to mitigate that impact so we're certainly thankful for that but again if we had our druthers the property would remain a natural resource like it is now so, thank you. Aller: Alright, thank you sir. Anyone else? Arturo Urrutia: Sure. My name is Arturo Urrutia. I'm at 408 Monk Court and I think I would like to second what the previous homeowner said. One of the reasons that I purchased my townhouse was that it afforded me a nice view of the wetlands in the back, and that's always been one of the things that I pointed out to the people that came to visit. The first time, or the first couple of months that I had guests was, look at the nice view that I have on the other side of the house. And I don't know what the pro's and con's tax wise and development wise for the City would be. From a selfish homeowner standpoint, also with all due respect to the developers, I think it would be to our detriment to Mission Hills if something like this gets developed. Hopefully if something does get developed it would try to minimize the impact II Chanhassen Planning Commission — January 15, 2013 traffic wise and tree wise and view wise for the current owners so I just wanted to second what other people were saying and thank you for the opportunity to express our views. Aller: Great, thank you. Anyone else? Okay, seeing no one come forward we'll close the public hearing portion and open for comments from the commissioners. Anyone? It's a concept hearing so. Colopoulos: Yeah, Chairman Aller you made an earlier comment about the roadway which I think is apparently of concern here regardless of what other considerations are given to the zoning itself. You know that is, off the top of my head that to me is the biggest concern. The roadway cutting across that wetlands there. I mean obviously as this plan goes forward there's going to be several, several shall we say conflicting perceptions here. You know the views expressed by the neighbors versus the property rights of the owner of the property and their legal right to pursue application for developable plans. Where do we think the roadway issue is going to weigh in? That's as much of a question I guess as that of a comment. I mean how much of an influence is that going to be? Aller: I think it's going to depend on the actual plan that's put forward. Aanenson: We just need to stay for the, you know there's going, this property is developable and we've looked at all the different iterations for the roadway. I think the least amount of impact to the wetlands is in the configuration that it's shown the access to the property. You're coming across a larger portion of the wetland the further you move to the, to'the west. Excuse me, east. So we had to place it there. ' Certainly I mean we haven't looked at all the impacts of the surrounding property. That's the first I've heard all those trees are coming down on the property. What would be the property. It's on their property if the trees would come down, on the developer's proposed property but we would took at that more closely. Colopoulos: So the concept drawing here just basically... across the wetlands and with minimum impact, that was behind that drawing there. Aanenson: I'll let Terry answer that question. Jeffery: If I may. Terry Jeffery, Water Resources Coordinator. I'm not Krista Spreiter. It's a little tough to hear, to see in this drawing and I intentionally overlaid the wetlands in a very transparent layer so that you could see what was beneath it but if you look at where the two red impacts are, there is actually no, there is a small bridge that exists right there. It's two separate wetlands. One over, one over to the, yeah. Yep, there. One to the east. One to the west. Yep, yep, so to come through up here would actually result in greater impact and then to come even further north would result in property he doesn't even have control of. Again regardless of what comes through as a final product he's going to have to meet the Wetland Conservation Act sequencing which always look at one, avoidance. Two, minimization and three, replacement of those unavoidable impacts so, and the intent of the PUD would be that there would be that trade -off where okay, we can, you get the lots but we need to provide protections that we would not otherwise be afforded if we used standard zoning. Aller: And that's why I don't think it would be a bad thing to comment and pass our comment along to the council that they should potentially look at this for movement towards allowing for a PUD with medium density to allow greater flexibility so that this project, or another project can come forward and allow for greater opportunity to deal with the mitigation to those wetlands. Aanenson: If 1 may, I think if you look at this map that's up on the screen right now, it's very illustrative of the wetland impacts. What it's not showing is the over layer of the shoreland impacts and that's where the, where the problem aligns. As we showed on the other, other drawing, part of the property is zoned Chanhassen Planning Commission — January 15, 2013 for twinhomes so you know there are some different things. What we're trying to do is kind of take the best of all that. Get that 50% open space. Minimize those impacts and we don't have all that detail yet. As the applicant said we've already worked through a number of drawings so we're saying we're really not on the right path right now. Now we want to go to a different direction and try to even do a better job of trying to reduce those impacts and move forward so that's what we're just trying to get a read on. On that issue and just anything that we would do, whether the council would recommend would have to come back through in their process so I want to make sure the residents understand that. There's plenty of time to work through some of those issues. Aller: Anything? Tennyson: Well that was a good reminder that it would come forward again and there's no being stuck with the path that could be taken. Aanenson: Correct, and there's a lot of other agencies that have review. You know the DNR. Wetland Conservation Act, all those agencies are going to have to weigh in on that so it's going to be a little bit more work on that. Tennyson: Okay. Aller: Anything further? Hokkanen: It seems to me that it's going to be difficult at some, I mean with all these agencies and the wetlands, changing it to medium density might be the best and flexible way to do it but I mean a couple of these lots here might not even be able to have, I mean a home based on what I see. So adding I don't know, I mean you have to explore the options though. It's the property owner's right. Aller: And I think that's, that's what we're here for is to comment to the council that if they're going to redirect this and put it back and consideration could be had for the medium density allows for flexibility which would hopefully leave those areas untouched perhaps but it will depend on what comes back through. Hokkanen: Right. Okay. Aller: Okay. Colopoulos: This will be a freestanding development? It's not going to be part of a nearby association? Al -Jaff: Correct. Colopoulos: Okay. It's a separate? Al -Jaff: Correct. Colopoulos: Development. Got it. Aller: Okay, I'll entertain a motion to pass comments to the City Council. Tennyson: I'll move. I'm reading two different things here. Staff recommends that the Chanhassen Planning Commission provide the City Council with comments and feedback and direct the applicant to address issues raised in the staff report dated January 15, 2013. 12 Chanhassen Planning Commission — January 15, 2013 Hokkanen: Second. Aller: Have a motion and a second. Any further discussion? Aanenson: Can I make clarification on the motion? Tennyson: Adding the comment about staff report? Aanenson: Did we get medium density in there? Aller: We probably should because there were items in the staff report that we discussed that were not... Aanenson: Okay, I guess just to make sure that we're clear on that we're looking at a land use, potential land use amendment, just for clarification. It's in the staff report but I want to make sure that, I want to make sure you and I understand what you're recommending, if that's what your recommendation is. Tennyson: So staff report dated January 15, 2013 along with staff's proposed comments listed in the staff report. Hokkanen: Second. Aller: And with that we have a motion and a second. Any further discussion? Tennyson moved, Hokkanen seconded that the Chanhassen Planning Commission provide the City Council with comments and feedback, and direct the applicant to address issues raised in the staff report dated January 15, 2013 along with staff s proposed comments listed in the staff report dated January 15, 2013. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Aanenson: And if I may Mr. Chair, just for the residents that are here. This item is going to the City Council on January 28 I believe. Al -Jaffa January 28' Aanenson: 28 " yes so these comments will be forwarded to the City Council. Again they're going to just make a recommendation too and then it's up to the applicant if he wants to pursue, based on whatever direction that he also gets from the City Council. Aller: So the City Council won't actually be doing anything as far as an up or down vote unless they decide to...? Aanenson: That's correct. Correct. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated December 4, 2012 as presented. COMMISSION PRESENTATIONS. None. CITY COUNCIL ACTION UPDATE. 13 PC DATE: January 15, 2013 2 CC DATE: January 28, 2013 REVIEW DEADLINE: February 12, 2013 CASE #: 2013 -02 BY: SJ PROPOSED MOTION: "The Chanhassen Planning Commission provides the City Council with comments and feedback, along with staff's proposed comments listed in the staff report." PROPOSAL: Conceptual Planned Unit Development (PUD) on approximately 13.2 acres of land located at the southeast intersection of Tigua Lane and West 80 Street — Preserve at Rice Lake. LOCATION: Southeast intersection of Tigua Lane and West 86 Street. North of Highway 212. PID 25- 0242610 APPLICANT: John Knoblauch J & S Ventures 1, Inc. 1450 Knob Hill Lane Excelsior, MN 55331 612 - 490 -4540 jknobs@knoblauchbuilders.com John Klingelhutz/Dave Pokorney Chestnut Group, LLC 1560 Bluff Creek Drive Chaska, MN 55318 612- 703 -5709 davepokorney_kgmai1.com ZONING: RSF — Single Family Residential District and R4 — Mixed Low Density Residential District. 2030 LAND USE PLAN: Residential Low Density (Net Density 1.2 -4 Units per Acre) ACREAGE: 13.2 acres SUMMARY OF REQUEST: The applicant is requesting approval for a general concept plan for a PUD for 15 single - family lots. If the project is to proceed for preliminary or development plan approval, the application would include a land use amendment from Residential Low Density to Residential Low or Medium Density, a rezoning from Single Family Residential District and Mixed Low Density Residential District to Planned Unit Development — Residential, and a site plan review. CITY OF CHANHASSEN LEVEL OF CITY DISCRETION IN DECISION MAKING: The City has a relatively high level of discretion in approving or denying a rezoning because the City is acting in its legislative or policy - making capacity. A PUD must be consistent with the City's Comprehensive Plan. Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 2 of 21 PROPOSAL /SUMMARY The applicant is requesting a general concept plan for a Planned Unit Development (PUD). The site is located north of Highway 212 and southeast of the intersection of West 86`" Street and Tigua Lane. '. +/�, i 1 r jL' , pr Z I .� W pJ �, p_G � �. X � \ 1 � ^I_• . . -• I_` �. 1 ' r� It is currently zoned RSF — Single Family Residential District and Mixed Low Density Residential District. With the adoption of the 2030 Comprehensive Plan in 2008, the City Council guided the site Residential Low Density. The request for a Planned Unit Development concept plan allows the applicant to seek relief from the standards of the conventional zoning districts by creating a unique zoning district rather than asking for variances. Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfer of density, construction phasing and a potential for lower development costs. In exchange for this enhanced flexibility, the city has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the other, more standard zoning districts. It will be the applicant's responsibility to demonstrate that the City's expectations are to be realized as evaluated against nine criteria. The property will need a land use amendment to a mix of Residential Low Density and Residential Medium Density, rezoning to PUD -R (allowing 4 units per acre), a variance for the length of a cul -de -sac, and site plan approval to proceed. Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 3 of 21 BACKGROUND Staff has been working with the property owner representative for more than a year and has reviewed numerous iterations of layouts for the development of this site to find an alternative that would minimize impacts to the natural features. The site falls within the shoreland overlay district of Rice Marsh Lake and contains several wetlands. APPLICABLE REGUATIONS Chapter 20: Article VIII, Planned Unit Development District, Article VI, Wetland Protection, Article VII, Shoreland Management district, Concept PUD - What is required? The intent of the concept plan is to get direction from the Planning Commission and City Council without incurring a lot of expense. The following are the requirements for conceptual PUD approval. Chanhassen City Code, Section 20 -517 General concept plan. (a) The general concept plan for a PUD provides an opportunity for the applicant to submit a plan to the city showing the basic intent and the general nature of the entire development without incurring substantial cost. The plan shall include the following: (1) Overall gross and net density. (2) Identification of each lot size and lot width. (3) General location of major streets and pedestrian ways. (4) General location and extent of public and common open space. (5) General location and type of land uses and intensities of development. (6) Staging and time schedule for development. (b) The tentative written consent of all property owners within the proposed PUD shall be filed with the city before the staff commences review. Approval of the concept statement shall not obligate the city to approve the final plan or any part thereof or to rezone the property to a planned unit development district. (c) The final acceptance of land uses is subject to the following procedures: (1) The developer meets with the city staff to discuss the proposed developments. (2) The applicant shall file the concept stage application and concept plan, together with all supporting data. (3) The planning commission shall conduct a hearing and make recommendations to the city council. Notice of the hearing shall consist of a legal property description, description of request, and be published in the official newspaper at least ten (10) days prior to the hearing, written notification of the hearing shall be mailed at least ten (10) days prior thereto to owners of land within five hundred Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 4 of 21 (500) feet of the boundary of the property and an on -site notification sign erected. (4) Following the receipt of the report and recommendations from the planning commission, the city council shall consider the proposal. The council may comment on the concept plan. EXISTING CONDITIONS Z A S Rac0, r ` ?W*­ i The subject site is located north of Highway 212 and southeast of the intersection of West 86 Street and Tigua Lane. The site has an area of 13.2 acres. It contains multiple wetlands and is within the Rice Marsh Lake Shoreland Overlay District. Access is gained via West 86` Street. The property to the west is zoned PUD and guided Residential Medium Density. It contains the Mission Hills Development, a mix of low and medium density residential development. The property to the north is zoned Single Family Residential and is guided Residential Low Density. ".v ".v i. i The subject site is located north of Highway 212 and southeast of the intersection of West 86 Street and Tigua Lane. The site has an area of 13.2 acres. It contains multiple wetlands and is within the Rice Marsh Lake Shoreland Overlay District. Access is gained via West 86` Street. The property to the west is zoned PUD and guided Residential Medium Density. It contains the Mission Hills Development, a mix of low and medium density residential development. The property to the north is zoned Single Family Residential and is guided Residential Low Density. Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 5 of 21 It contains single family homes. The property to the east is zoned High Density Residential District and is guided Parks and Open Space. The project proposes 15 single - family lots. The typical house pad including the garage will be 50 feet wide. The front yard setback will be 25 feet which is permitted under the PUD ordinance. Minnesota Valley Electric Cooperative (MVEC) will provide electricity to this new development. MVEC does have a main underground feeder that runs along the north and east boundaries of this property. The applicant shall field - verify these utility lines. I ail � � :q - - - - -- I __--------____=- -- a -' - -- ---- - - - - -- --------- - - - - -- ---------------------------- j,9'c 1201 's _ �I 21U 'y d I _ yAROCOIER CI�Wi +Zn,' I - NOVA '3:0 q 0 I Wa - W „ M " HOUSE i 21 oa.c = n3 m. a 16.0 PRIq iN7REJ ' 96 a'1 ' r 3 — Ec '_.6 fClst 57 In j w I D E a1A w AM —. .0 GARAGE Minnesota Valley Electric Cooperative (MVEC) will provide electricity to this new development. MVEC does have a main underground feeder that runs along the north and east boundaries of this property. The applicant shall field - verify these utility lines. r---- II - - - - -- I I � 1201 _ �I 21U 'y d I _ yAROCOIER CI�Wi +Zn,' I - NOVA '3:0 q 0 I Wa - W „ M " HOUSE i 21 oa.c = n3 m. a 16.0 PRIq iN7REJ ' 96 a'1 ' r 3 — Ec '_.6 fClst 57 In 2 Z I W, .a 9x- . 1',070 1',070 .0 GARAGE yn. I I L I° — � p a. I um. wRae� Mmttx I 11NI ~ STREET ~ Minnesota Valley Electric Cooperative (MVEC) will provide electricity to this new development. MVEC does have a main underground feeder that runs along the north and east boundaries of this property. The applicant shall field - verify these utility lines. Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 6 of 21 COMPREHENSIVE PLAN The Comprehensive Plan classifies the subject property as Residential Low Density, which requires a minimum density of 1.2 units per acre and a maximum density of 4 units per acre. As mentioned earlier, staff has reviewed several iterations of how to best develop this site. The goal is to allow the development with minimum impact to the natural features of the site. Staff found that in this situation the application of standard Single Family Residential regulations would be impractical due to 1) the applicant desires to build single - family detached homes on the site, 2) the presence of the 15,000 square -foot minimum lot size for non - riparian lots and 90 -foot frontage, and 3) wetlands. Staff finds that the applicant has proposed a plan that meets other important City requirements to protect natural environmental features; however, a preferred alternative to achieve this goal would be to guide the site Residential Medium Density. This category allows the clustering of homes with no minimum lot size or frontage. In this case, the homes will be placed in locations that will have the least impact on the natural features and will allow the applicant the opportunity to enhance the wetlands and surrounding buffer. At the same time, the applicant will be able to build the single - family detached homes. The city has discretion in amending the comprehensive plan. The site currently has a low- density residential designation. It is the applicant's intention to build single - family detached homes. In order to accommodate the applicant's request and minimize impact on the natural features of the site, staff is proposing guiding the site to a mix of Residential Low and Medium Density. This type of land use permits Planned Unit Developments with clustered homes and no minimum lot size. This will allow staff to work with the applicant to maximize preservation and enhancement of natural features. It also allows the city to determine the best type of housing development (attached vs. detached housing). The following elements of the comprehensive plan discuss land use policies that should be evaluated in changing the land use. Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 7 of 21 Chapter 2 Land Use Element 2.5.3 Residential — Medium density The medium density designation is intended to accommodate multiple units including duplexes, townhouses and lower density apartments, or condominiums. A net density range of 4.0 — 8.0 units per acre is covered by this category with an expected density of 6.0 units per acre. The zoning options in the medium density land use include R4 (Mixed Low Density), RLM (Residential Low and Medium density), (Mixed Medium Density Residential) and PUD -R (Planned United Development - Residential). Medium density is viewed as transitional use between low density and Commercial, office or high density areas. Comprehensive Plan Goals and Policies 4.6 Housing Goals and Policies Goals: Provide housing opportunities for all residents, consistent with the identified community goals: • A variety of housing types for all people in all stages of the life cycle. • A community of well- maintained housing and neighborhoods, including ownership and rental housing. • Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. • The availability of a full range of services and facilities for its residents, and the improvement of access to a linkage between housing and employment. • Housing development methods such as PUD's, cluster development, and innovative site plans and building types, should be encouraged to help conserve energy and resources for housing. • While density is given by a range in the comprehensive plan, the City shall encourage development at the upper end of the density range. PLANNED UNIT DEVELOPMENT INTENT Sec. 20 -501. Intent. Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfer of density, construction phasing and a potential for lower development costs. In exchange for this enhanced flexibility, the city has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the other, more standard zoning districts. It will be the applicant's responsibility to demonstrate that the City's expectations are to be realized as evaluated against the following criteria. Planned unit developments are to encourage the following: Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 8 of 21 1. Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. Analysis: The site has multiple wetlands that will be protected with no development. 2. More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. Analysis: Staff is recommending the units be clustered to maximize the surrounding open space. 3. High quality design and design compatibility with surrounding land uses, including both existing and planned. Site planning, landscaping and building architecture should reflect higher quality design than is found elsewhere in the community. Analysis: Staff will insure that all materials comply with the design standards specified in the zoning ordinance. The landscaping of the site will also be treated in a similar fashion. 4. Sensitive development in transitional areas located between different land uses and along significant corridors within the city will be encouraged. Analysis: The single- family detached homes will be an ideal transition between the single - family homes to the north and the townhouses to the west. 5. Development which is consistent with the Comprehensive Plan. Analysis: Currently, a portion of the site is guided Low Density. A land use amendment to Medium Density Residential would be required to allow the site to develop in an environmentally - sensitive manner. It will also become consistent with the Shoreland Ordinance. Municipal services are available to the site. 6. Parks and open space. The creation of public open space may be required by the city. Such park and open space shall be consistent with the Comprehensive Park Plan and overall trail plan. Analysis: The city's comprehensive park plan calls for a neighborhood park to be located within one -half mile of every residence in the city. The proposed Preserve at Rice Lake development would not meet this guideline. The nearest park is Rice Marsh Lake Park which is located approximately one mile away if utilizing the city's pedestrian trail network. There is no ideal place to locate a park within this site. The city's comprehensive trail plan calls for the future completion of a Rice Marsh Lake Trail to be constructed around the perimeter of the lake. This proposed subdivision should provide for and construct a trail connection to this future trail starting at the public street and extending to the southeast corner of the property. This trail connection should be situated in a public outlot or trail easement. Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 9 of 21 7. Provision of housing affordable to all income groups if appropriate with the PUD. Analysis: Not applicable with this application. This project will be market rate. 8. Energy conservation through the use of more efficient building designs and siting and the clustering of buildings and land uses. Analysis: The development will provide a noise wall along Highway 212. This will benefit the current homeowners as well as the future ones. 9. Use of traffic management and design techniques to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Analysis: The site will be served via a cul -de -sac off of West 86" Street. Sec. 20 -502. - Allowed uses. Specific uses and performance standards for each PUD shall be delineated in a development plan. (1) Each PUD shall only be used for the use or uses for which the site is designated in the comprehensive plan. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. Finding: If the project moves beyond conceptual approval, preliminary PUD design standards will be created that will control the development of the project. Sec. 20 -503. - District size and location. Each PUD shall have a minimum area of five acres except the regional/lifestyle center commercial PUD, which must be a minimum of 30 acres, unless the applicant can demonstrate the existence of one of the following: (1) Unusual physical features of the property itself or of the surrounding neighborhood such that development as a PUD will conserve a physical or topographic feature of importance to the neighborhood or community. (2) The property is directly adjacent to or across a right -of -way from property which has been developed previously as a PUD or planned unit residential development and will be perceived as and will function as an extension of that previously approved development. (3) The property is located in a transitional area between different land use categories or on a collector, minor or principal arterial as defined in the comprehensive plan. Finding: The entire site is 13.2 acres and is located in a transitional area between a low and a medium - density residential area Fifty percent of the site must be preserved as open space as required in the Shoreland ordinance. Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 10 of 21 Sec. 20 -504. - Coordination with other zoning regulations. The development must comply with Article II, Division 6 of Chapter 20 addressing Site Plan Review as well as Articles V, VI and VII (Floodplain, Wetland and Shoreland District and the Bluff Creek Overlay District). Finding: The project will be required to meet these standards as described in the staff report. The development must receive a land use amendment, rezoning and site plan review approvals. Chapter 20 Article XXIII Sec. 20 -505. - Required general standards. Standards and purposes of the comprehensive land use plan to coordinate between the proposed development and the surrounding use. (a) The city shall consider the proposed PUD from the point of view of all standards and purposes of the comprehensive land use plan to coordinate between the proposed development and the surrounding use. The city shall consider the location of buildings, compatibility, parking areas and other features with response to the topography of the area and existing natural features; the efficiency, adequacy and safety of the proposed layout of streets; the adequacy and location of green areas; the adequacy, location and screening of non - compatible land uses and parking areas. Finding: The project meets elements of the city's comprehensive plan if amended including housing and transportation. The plans provide for preservation of the natural features and will serve as a transition piece. (b) The applicant shall demonstrate that the PUD plan offers the city higher quality architectural and site design, landscaping, protection of wetlands, creeks and mature trees and buffering for adjoining properties that represent improvements over normal ordinance standards. Finding: With the application of clustering the units, the natural features of the site will be preserved. And with some modifications, they could be enhanced. The applicant will preserve the wetlands, buffers, add landscaping that exceeds ordinance requirements and add a sound wall along Highway 212. The development will meet the higher standards established for medium density residential development by the city. (c) Density. An increase /transfer for density may be allowed at the sole discretion of the city utilizing the following factors: (1) Density within a PUD shall be calculated on net acreage located within the property lines of the site in accordance with the land use plan. (2) The area where the density is transferred must be within the project area and owned by the proponent. Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 11 of 21 (3) Density transfer in single - family detached area will be evaluated using the items listed in sections 20 -506 or 20 -508. Density transfer eligible for multiple - family areas are not permitted to be applied to single - family areas. (4) In no case shall the overall density of the development exceed the net density ranges identified in the comprehensive plan except as specified in policies supporting the city's affordable housing goals. Finding: The developer must calculate the net developable acres of the site and wetland acreage. The project proposes using the area located in the center of the site to cluster the development. The density will be 4 units per acre. (d) The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density and other standards for developments providing low and moderate cost housing. Incentives may be approved by the city contingent upon the developer and the city entering into an agreement ensuring that the housing will be available to low and moderate income persons for a specific period of time. Finding: Not applicable with this request. The project will be market rate. (e) Hard surface coverage. Finding: The development must be under 30 percent hardcover. The developer shall provide the hard surface coverage calculation to confirm. The shoreland regulations are greater than the PUD. The applicant will meet the shoreland regulations. (f) Building and parking setbacks from public streets shall be determined by the city based on characteristics of the specific PUD. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a PUD. Where industrial uses abut developed platted or planned single - family lots outside the PUD, greater exterior building and parking setbacks, between 50 and 100 feet, shall be required in order to provide effective screening. The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming, existing and proposed plantings and other features such as roadways and wetlands which provide separation of uses. PUD's must be developed in compliance with buffer yard requirements established by the comprehensive plan and chapter 20, article XXV, of the Chanhassen City Code. Finding: The project will provide buffering along Highway 212 and between the subject site and low density development to the north. The development will be held to standards set in the city code. (g) More than one building may be placed on one platted or recorded lot in a PUD. Finding: This does not apply to this request since each home will be located on a separate lot. Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 12 of 21 (h) At the time PUD approval is sought from the city, all property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. After approval, parcels may be sold to other parties without restriction; however, all parcels will remain subject to the PUD development contract that will be recorded in each chain -of- title. Finding: The project will be developed under singular ownership. (i) Signs shall be restricted to those which are permitted in the sign plan approved by the city and shall be regulated by permanent covenants or design standards established in the PUD development contract. Finding: Signage will be consistent with the city's sign ordinance for residential development (Area identification/entrance signs. Only one monument sign may be erected at the entrance (s). Total sign area shall not exceed 24 square feet ofsign display area, nor be more than S feet high. More than one sign per entrance may be erected, provided that the total sign area does not exceed 24 square feet. Any such sign or monument shall be designed with low - maintenance, high - quality materials. The adjacent property owner or a homeowners association shall be responsible for maintenance of the identification/entrance sign and surrounding grounds and landscaped areas. Such sign shall be located so as not to conflict with traffic visibility or street maintenance operation, and shall be securely anchored to the ground.) (j) The requirements contained in articles XXIII and XXV of this chapter may be applied by the city as it deems appropriate. Finding: The project will follow the city's design standards and landscaping, tree removal and buffering requirements. (k) The uniqueness of each PUD required that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements if it finds that strict adherence to such standards or requirements is not required to meet the intent of this [article] or to protect the health, safety or welfare of the residents of the PUD, the surrounding area or the city as a whole. Finding: Staff is recommending the width of the right -of -way be limited to 50 feet and the front yard setback be reduced to 25 feet. This will allow a greater preservation of the wetlands and surrounding buffer. In addition, staff is recommending a side yard setback of 5 feet along the garage side and 10 feet along the opposite side. (1) No building or other permit shall be issued for any work on property included within a proposed or approved PUD, nor shall any work occur unless such work is in compliance with the proposed or approved PUD. Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 13 of 21 Finding: Not applicable at this time. (m) Buffer yards. (1) The city comprehensive plan establishes a requirement for buffer yards. ...in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20, article XXV, of the Chanhassen City Code. (2) The buffer yard is not an additional setback requirement. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. (3) The buffer yard is intended to provide physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Finding: There is a buffer yard requirement between medium and low density developments. Buffer plantings will also be required along Highway 212. A minimum of one tree is required within the front yard of each lot. Sec. 20 -508. - Standards and guidelines for single - family attached or cluster -home PUDs. (a) Generally. Single - family attached, cluster, zero lot line, townhouses and similar type dwelling types may be allowed on sites designed for low, medium or high density residential uses by the City of Chanhassen Comprehensive Plan. (b) Minimum lot sizes. There shall be no minimum lot size; however, in no case shall net density exceed guidelines established by the city comprehensive plan. (c) Setback standards /structures and parking: (1) PUD exterior: 50 feet. (2) Interior public right -of -way: 30 feet.* *The 30 foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of 20 feet shall be maintained. (3) Other setbacks: Established by PUD agreement. Finding. With a land use amendment to medium density residential and the rezoning of the property, the standard would be met. Additional design standards will be generated as apart of the PUD review. (d) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 14 of 21 tree stands, wetlands, ponds and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. Finding: The wetlands would be preserved with this PUD request. Without the application of a PUD and clustering of homes, the wetlands could potentially be impacted. (e) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yards shall require a mix of over -story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen the site from major roadways, railroads and more intensive land uses. In place of mass grading for building pads and roads, stone or decorative blocks retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar measures shall be provided for double- fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. (3) Foundation and yard plantings. A minimum budget for foundation plants shall be established and approved by the city. As each parcel is developed in the PUD, the builder shall be required to install plant materials meeting or exceeding the required budget prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. (4) Tree preservation. Tree preservation is a primary goal of the PUD. A detailed tree survey should be prepared during the design of the PUD and the plans should be developed to maximize tree preservation. Finding: The following landscaping requirements make the proposal consistent with the requirements: • There is a buffer yard requirement between medium and low density developments. Buffer plantings will also be required along Highway 212. A minimum of one tree is required within the front yard of each lot. • City boulevard trees must be protected during construction and replaced if damaged. Trees must be shown on plans. Plantings along the roads must comply with the bufferyard B standards of the city code. • Canopy coverage for site should be around 25 %. (f) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 15 of 21 (1) Standards for exterior architectural treatments... Findings: The building will be reviewed under the city's design standards for multifamily development, Chapter 20, Article XMI,, Division 9, including archictural style, materials, lighting, etc. as MnDOT requires that the building be designed for noise attenuation. The district permits a height of three stories or 35 feet. ROADWAYS The property lies north of Highway 212, east of County Road 101 and south of 86th Street. The proposed access on 86th Street is located so as to minimize wetland impacts. To further reduce wetland impacts staff supports a reduced right -of -way width (50 feet, with a 15 -foot front yard drainage and utility easement) and a reduced street width (28 feet) for the portion of the road that does not have any lots adjacent to it (approximately 400 feet). The remainder of the street and right -of -way shall meet the City's minimum requirements. The proposed street curves do not meet a 30 mph design speed; advanced warning and speed advisory signs would be required. The proposed cul -de -sac is approximately 1,400 feet long, which exceeds the 800 -foot maximum length stipulated in the City Code. Based on the lot configuration and wetland conditions on the site, staff supports the proposed variance. GRADING The concept plan does not include proposed grading. The anticipated wetland impacts shown on the concept plan are for the most part based on lot lines and right -of -way lines. The site grading has the potential to increase the wetland impacts. The locations of the ponds appear suitable for drainage patterns. The applicant's engineer feels the sizes shown are adequate. The applicant will need to provide calculations with a preliminary plat submittal in the event one is made. A soils report for the site was completed in 2012 after three months of below average precipitation. The report indicated that the groundwater elevation is likely to be similar to the water levels in the wetlands. Updated soils and groundwater information will be required should the applicant proceed with the proposal UTILITIES A 12 -inch trunk watermain extends from the townhome development to the west to the Reflections development south of Highway 212. The developer proposes to extend lateral watermain from this trunk line to service the development. Once a grading plan is developed the estimated operating water pressure and fire flow will be calculated. Some homes may require a privately -owned and maintained booster to provide a desirable water pressure since the watermain will not be looped. Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 16 of 21 The developer proposes to extend lateral sanitary sewer from the 12 -inch trunk sanitary sewer northeast of the site, through MnDOT property. The developer shall obtain the necessary permits and easements from MnDOT to complete this work. The lateral sanitary sewer alignment shall minimize tree loss and provide vehicular access to the manholes. The portion of the sanitary sewer that the developer proposes to connect to is currently not in service. The developer shall televise and air test the existing pipe to ensure that it meets current standards. WETLAND PROTECTION Graham Environmental Services performed an on -site wetland identification and boundary determination in June of 2011. The Notice of Decision approving the delineated boundary was issued on July 19, 2011 with minor changes. Six wetlands were delineated on the site — wetlands C and D were later determined to be parts of the same wetland resulting in five discrete wetland basins. The city has received no evidence that the United States Army Corps of Engineers has issued a Jurisdictional Determination for the wetlands as required under section 303 of the Clean Water Act. Wetlands are placed into one of five management classes based upon the results of a Minnesota Routine Assessment Methodology ( MNRAM). Only two wetlands have had a MNRAM performed. Wetland A and Wetland F are both in Management Classification 2. Staff will prepare a MNRAM for the remaining wetlands. A preliminary investigation indicates that Wetland C is likely to be in Management Classification 3 and Wetland B in Management Classification 1. The following table shows the required buffer width and setback from said buffer. Wetland Classification Principal Structure Setback from Buffer Ede Accessory Structure Setback from Buffer Ede Permanent Buffer Strip Minimum Width Percent of Buffer Strip in Native Vegetation Outstanding 50 50 50 100% Preserve 40 20 40 100% Manage 1 30 15 25 100% Manage: 2 30 15 20 >50% Manage 3 30 15 16.5 >50% When overlaid on the concept plat the building pads for Lots 1 through 3 and Lots 9 through 14 all are intersected by the wetland setback line. In no instance does it appear that the setback line is depicted accurately on the concept plat. Figure 1 shows the wetland boundaries, the wetland buffers and the setback from these buffers. That area to the upland side of the purple lines is, generally speaking, that portion which is "buildable" although grading may occur within the setback areas. Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 17 of 21 The applicant has proposed four wetland impacts. Two of these impacts result from the road designed to access the site. This applicant has made efforts to minimize the wetland impacts associated with the road to, in the opinion of staff, the greatest extent practicable. The remaining two impacts are proposed for the purpose of creating two additional lots. The Minnesota Wetland Conservation Act (MN Rules Chapter 8420) makes it clear that avoidance of wetland impacts is always the first option that must be considered. 8420.0500 PURPOSE AND REQUIREMENT Subp. 2. Requirement. No person may impact a wetland, wholly or partially, without being eligible for an exemption or no -loss, or first having a wetland replacement plan approved by the local government unit. Before approval of a replacement plan, the local government unit must ensure that the applicant has exhausted all possibilities to avoid and minimize wetland impacts according to sequencing in part 8420.0520. Further, the local government unit must evaluate "whether any proposed feasible and prudent alternatives are available that would avoid impacts to wetlands." Minnesota Rules 8420.0520 goes on to list when an alternative is considered "feasible and prudent" in Subp. 3. Paragraph C Alternative Analysis. 1. It is capable of being done from an engineering point of view; 2. It is in accordance with accepted engineering standards and practices; 3. It is consistent with reasonable requirements of public health, safety, and welfare; Figure 1: Buildable area based solely upon wetland setbacks. (Note: this does not consider grading and other utilities.) Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 18 of 21 4. It is an environmentally - preferred alternative based on a review of social, economic, and environmental impacts; and 5. It would create no truly unusual problems. Paragraph 3 goes on to list what the local government unit must consider when evaluating the applicability of avoidance alternatives. (3) The local government unit must consider the following in evaluating avoidance alternatives as applicable: (a) whether the basic project purpose can be reasonably accomplished using one or more other sites in the same general area that would avoid wetland impacts. An alternate site must not be excluded from consideration only because it includes or requires an area not owned by the applicant that could reasonably be obtained, used, expanded, or managed to fulfill the basic purpose of the proposed project; (b) the general suitability of the project site and alternate sites considered by the applicant to achieve the purpose of the project; (c) whether reasonable modification of the size, scope, configuration, or density of the project would avoid impacts to wetlands; (d) efforts by the applicant to accommodate or remove constraints on alternatives imposed by zoning standards or infrastructure, including requests for conditional use permits, variances, or planned unit developments; (e) the physical, economic, and demographic requirements of the project. Economic considerations alone do not make an alternative not feasible and prudent; and (f) the amount, distribution, condition, and public value of wetlands and associated resources to be affected by the project and the potential for direct and indirect effects over time. (4) If the local government unit determines that a feasible and prudent alternative exists that would avoid impacts to wetlands, it must deny the replacement plan. If no feasible and prudent alternative is available that would avoid impacts to wetlands, the local government unit must evaluate the replacement plan for compliance with subparts 4 to 8. Previous iterations have been presented to city staff from this applicant and others which have avoided impacts exclusive of the road. Because economic considerations alone cannot be used to justify wetland impacts and it is known that the "basic project purpose" can be accomplished without impacts at Lot 3 and Lot 14, staff cannot support this concept plan as it is not in compliance with Chapter 8420 of the MN Rules or Section 20 -403 of Chanhassen City Code. As this is a conceptual plan only, no grading plan or hydrologic/hydraulic calculations have been provided. Grading for the ponds, and possibly the house pads will extend beyond the areas shown. This could potentially lead to additional wetland impacts which will need to meet the same standards of review as the impacts indicated on this plan. There is a certain expectation by a private homeowner that they have a usable yard to enjoy as they see fit and as such, staff strongly encourages the placement of wetland buffers within outlots. Figure 2 shows the various limitations that would encumber each lot with this layout. The area in green would be fully buildable based solely upon wetland buffers and setbacks. This does not account for easements, lot setbacks, etc. The area in yellow represents the area where secondary structures would be allowed. The homeowner could place a patio, gazebo, deck, swing set, etc. in this area. The area highlighted in orange could be maintained as lawn but could Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 19 of 21 not have any structure placed or constructed within it. The area in red must be maintained as a naturalized buffer and could not be used for lawn or landscaping. a j � a a� �MFM l Pmwin l6laftanepl - MT S.m Nry - FA9EYEM B.A.e4 M. -+� IOT lME9 T gTMCN3 � �81ONY Ob1O 0IO Wl maw wYtir_ yu ncn clO leel Figure 2. Wetland Buffer and Resulting Setbacks per Section 20 -411 The wetland impact proposed for prospective Lots 3 and 12 are intended to provide adequate space to create the buffer and setback. Under Section 20 -412, this practice is not allowed. (c) Additional wetland impacts shall not be allowed for the creation of buffer strips. Staff, as the LGU for the Wetland Conservation Act and when considering the City of Chanhassen's Wetland Protection ordinance, could not support the impacts proposed at Lots 3 and 12. Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 20 of 21 SHORELAND 34 . 1 4 ♦ . ai / / 1 - Pmerve 15 Lol Co—pt law �,�.. _ - • - _ - ' , yap � ., � o,. w — aaryc� Most of the parcel and all of the proposed improvements are within the shoreland overlay district. Because the applicant is requesting a PUD, there are specific requirements which must be met by state law. Further, the Department of Natural Resources must review and approve any PUD submittal. Among other criteria, the plan must: 1. Have at least five dwelling units. 2. Must contain open space meeting specific criteria including at least 50% of the total project area must be preserved in open space. It appears that the site is at approximately 48% with the pond area yet to be deducted from the open space. 3. Specific standards are set forth for the "centralization and design of facilities and structures ". This includes, among other items, that the dwelling units or sites are clustered into one or more suitable areas. 4. Specific administration and maintenance requirements to preserve the open space must be met. Most importantly, an organization must exist that will provide for the maintenance of the preserved open space. PARK AND RECREATION COMPREHENSIVE PARK PLAN The city's comprehensive park plan calls for a neighborhood park to be located within one -half mile of every residence in the city. The proposed Preserve at Rice Lake development would not Planning Commission Preserve at Rice Lake Concept Planned Unit Development January 15, 2013 Page 21 of 21 meet this guideline. The nearest park is Rice Marsh Lake Park which is located approximately one mile away if utilizing the city's pedestrian trail network. COMPREHENSIVE TRAIL PLAN The city's comprehensive trail plan calls for the future completion of a Rice Marsh Lake Trail to be constructed around the perimeter of the lake. This proposed subdivision should provide for and construct a trail connection to this future trail starting at the public street and extending to the southeast corner of the property. This trail connection should be situated in a public outlot or trail easement. RECOMMENDATION Staff recommends that the Chanhassen Planning Commission provide the City Council with comments and feedback along with the following comments 1. Full park fees in lieu of parkland dedication and/or trail construction shall be collected in full at the rate in force upon final plat submission and approval. At today's rate these fees would total $87,000 (15 lots X $5,800 per lot). 2. Dedication of a public outlot or easement to accommodate the construction of a neighborhood trail connection to the future Rice Marsh Lake Trail. 3. Construction of the 8 -foot wide neighborhood trail connection from the public street to the southeast corner of the property. 4. A PUD Ordinance shall be created to govern the site and design standards. 5. Buildings must meet the 50 -foot perimeter setback requirements. 6. The location of all existing utilities shall be field verified. 7. Address all issues raised in the staff report. ATTACHMENTS 1. Development Review Application. 2. Concept Plan. 3. Letter from MnDOT dated January 3, 2103. 4. Affidavit of Mailing of Public Hearing Notice. 5. Email from Karen (resident on Rice Court). gAplan\2013 planning cases\2013 -02 preserve at rice lake concept pud\staff report pc.doc Planning Case No. 13 CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Name and Address: z1-W c-, K�uo _P,2LA v(A-J 5 5 v' f N Tv P_ J_ =rvc-1 Contact: _JZHY4 KMO Phone: z,-qV- 56 6 2- Fax: 9f-L-4 7 -0 ,3� 13 Email: T 6 N 55 - Cz; �1j63L - B,a-Lp _ C , 0 ,41_./ Property Owner Name and Address: �sTa�T G't Contact: o (-FN Phone:lo A 7,',9 -5"709 Fax: 6 F Email: 4W, /oxet"VI -C C /-If -.c .t.- 0 r-rob 4% 11 ic.Vv- k1 N 55 33 > NOTE Consultation with City staff is recl uired prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Temporary Sales Permit Vacation of Right -of- Way /Easements (VAC) (Additional recording fees may apply) Interim Use Permit (IUP) Non - conforming Use Permit t/ Planned Unit Developmen Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign - 200 (City to install and remove) X Escrow for Filing Fees /Attorney Cost *" - $50 CUP /SPR /VAC/VAR/WAP /Metes & Bounds - $450 Minor SUB TOTAL FEE $ I PcI c0L (055 1 An additional fee of $3.00 per ad res ithin the public hearing notification area will be invoiced to the applicant prior to the public hearing. � *Five (5) full -size folded copies of the plans must be submitted, including an 8'/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format. * *Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: &6S 6- 9- /17 11 LOCATION: LEGAL DESCRIPTION AND PID: 62 S oa.g TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: S -Sin le- 1�6 01 Ll Relq A AOI'4t'41 24- Mt' Low ��"S►C�i1�r� REQUESTED ZONING: (j - PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: 1'7 1-07 FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate. Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Sign2We of Applicant 5 V FW? 114 Ti11- 3.111-- Date <9�,z i"v v .p. !Z / tgnature of F Owner 'r -c P ov Lt C- ate FR. sT-P g: \plan \forms\development review appiicationdoc SCANNED PRESERVE AT RICE LAKE NOTES 1'3/13 1 . : AREAS AS SHOWN DO NOT INCLUDE WETLANDS. ■ 2. STREET EASEMENT WIDTH AS SHOWN IS 15 FEET DUE TO 50 FEET R /W. 15-LOT CONCEPT PLAN ■ TOTAL SITE AREA = 13.23 ACRES 3. BUILDING PADS AS SHOWN ARE 60'X60' 4. FRONT SETBACKS AS SHOWN ARE 25 FEET, SIDE SETBACKS ARE 10 FEET gin t , �i i a � ° �► ow w- � _ _�' —. X12,491 344t . I.I 11795 W.ft: �Flj• 7•� F / � ^ � ,756 aq.r�i1 .1210.�r • a ,�, � a � e �.yh 1 ' �o 14, 240. a o \\\ 1pl# 8 I ,` , ,, /' ^ \ \\ \ b 65 `o u g \\� A • OUTLOT A •! L / / £ - ' 0 Ac— t Ac of 1y821 9q .1k \ • , �S 3,O�+NRS 5 Non - Wetland Area ` / 5 \ � 6 \1H J • 1 � } 3.066 9q. ft.l for Pork DeG'<ation � .. S . 1000 YF N£iVJlp FILL \ r OUTLOT,,C q� ; / \� Pa b g ocREA AL AT 1 \ L q BUFFER h 5WACK \ 600 SF 'M�TCAI! 2300 SF Wt TLANO FILL TO OREK EQUATE > �� BUFFER �k SETBACK \ i4 i J \ \\ I l �p y ems° 2 °5 N °acs ., 13 1 J P 1• �\ \� \ _ \.w LANO I'LL �6 , 9V.ft 11,149 9V.ft. \ 1 2 \ \;, \ \\ / / _ a .an. \ �" 4 k >L � r.WSC - 'll � nausL \ \\ cW' / / i � _____� 1 l" O� .. t ,•. E �` l � 15 \� s • • O t _ _ - --� a aV.1L f TEpMAIN -Now ! . S • 'i ESTIMATED WETLAND IMPACTS 0 100 200 TOTAL = 8400 sq. ft = 0.193 aces SCALE IN FEET iiiiii f Minnesota Department of Transportation Metropolitan District Waters Edge Building °F " p 1500 County Road B2 West Roseville, MN 55113 January 3, 2013 Sharmeen Al -Jaff Senior Planner 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 JAN V 7 2013 CITY OF CHANHASSEN SUBJECT: Preserve at Rice Lake (Formerly Knoblauch Building) MnDOT Review # S12 -058 North side of US 212, east of TH 101 Chanhassen, Carver County Control Section 1013 Dear Ms. Sharmeen Al -Jaff Thank you for the opportunity to review the Preserve at Rice Lake (Formerly Knoblauch Building) plans. Since the current plans remain quite similar to the previous plans, our comments remain the same. They are as follows: Design: The proposed walk and street are very close to MnDOT right of way and will require a grading plan to determine if there are highway impacts. For questions concerning this subject, please contact Nancy Jacobson, (651- 234 -7647 or nancy.iacobsongstate.mn.us in the Metro Design Section. Water Resources: A MnDOT drainage permit will be required. The drainage permit application form can be found at http: / /www.dot.state.mn.us /utility /forms /index.html The following information is required with the drainage permit application: • Final drainage plan showing storm sewer plan, storm sewer and culvert profiles and pond contours • Existing and proposed drainage area maps with flow arrows • Existing and proposed drainage /pond computations for the 2, 10, and 100 year rainfall events Addition information may be required once a drainage permit is submitted and after a detailed review. MnDOT will not allow an increase in discharge to MnDOT right -of -way. Please direct any questions regarding these issues to Hailu Shekur (651- 234 -7521 or hailu.shekurkstate.mn.us ) of MnDOT's Water Resources Engineering section. Permits and Right -of -Way: In addition to the drainage permit, a Limited Use Permit would be needed if any sidewalk/trail is within MnDOT right -of -way. The applicant will need to go through the Limited Use Permit process. Please contact Dan Phelps (651- 234 -7585 or dan.phelpskstate.mn.us The proposed development must not extend into MnDOT right -of -way. Also, any use of or work affecting MnDOT Right -of -way and/or utilities requires a permit. Permit forms are available from MnDOT's permit website at http: / /www.dot.state.mn.us /permits / . Please include one 11 x 17 plan set and one full size plan set with each permit application. Please direct any questions regarding permit requirements to Buck Craig (651- 234 -7911 or buck.craig@state.mn.us of MnDOT's Metro Permits Section. Noise: MnDOT's policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area Classification (NAC) where the establishment of the land use would result in violations of established noise standards. MnDOT policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such areas. The project proposer should assess the noise situation and take the action deemed necessary to minimize the impact of any highway noise. If you have any questions regarding MnDOT's noise policy please contact Peter Wasko in our Design section at (651) 234- 7681. Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf. version of the plans. MnDOT can accept the plans via e -mail at metrodevreviews .dot( provided that each separate e- mail is under 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: MnDOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B -2 Roseville, MN 55113 3. One (1) compact disc. 4. Plans can also be submitted to MnDOT's External FTP Site. Please send files to: ftp: / /ftp2.dot.state.nm.us/ pub / incoming /MetroWatersEdge/Planning Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, please send a note to metrodevreviews.dot@state.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review, please feel free to contact me at (651) 234 -7794. Sincerely, , rta �_ - — I �,� � � Tod Sherman Planning Supervisor Copy sent via E -Mail: John Knoblauch, Knoblauch Builders, jknobs(a,knoblauchbuilders.com Sharmeen Al -Jaff, City of Chanhassen saljaff2ci.chanhassen.mn.us Hailu Shekur, Water Resources Diane Langenbach, Area Engineer Peter Wasko, Design Nancy Jacobson, Design Buck Craig, Permits Dale Matti, Right -of -Way David Sheen, Traffic Engineering Clare Lackey, Traffic Engineering Ann Braden, Metropolitan Council CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on January 3, 2013, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Preserve at Rice Lake Concept PUD — Planning Case 2013 -02 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this &A day of :Yar , 2013. t Notary kublic WK IM T� M U VI EN otary Public- Minnesota Commission Expi 31 res Jan , 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 15, 2013 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Concept Planned Unit Development (PUD) for a Proposal: 15 -lot single - family development on 13.2 acres of property currently zoned RSF- Single Family Residential and R4 -Mixed Low Density Residential — Preserve at Rice Lake. Applicant: John Knoblauch Property South of West 86 Street Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2013 -02 If you wish to talk to someone about this project, please contact Sharmeen AI -Jaff Questions & by email at saljaff(a-)ci.chanhassen.mn.us or by phone at 952 - Comments: 227-1134. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland AlteNtions, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report. please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 15, 2013 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Concept Planned Unit Development (PUD) for a Proposal: 15 -lot single - family development on 13.2 acres of property currently zoned RSF - Single Family Residential and R4 -Mixed Low Density Residential — Preserve at Rice Lake. Applicant: John Knoblauch Property South of West 86 Street Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2013 -02 If you wish to talk to someone about this project, please contact Sharmeen AI -Jaff Questions & by email at saljaff(a)-ci.chanhassen.mn.us or by phone at 952 - Comments: 227 -1134. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. AMY B CULLEN ANNE THERESA JESKE ARTURO F URRUTIA 454 MISSION HILLS WAY E PO BOX 1041 9759 CUPOLA LN CHANHASSEN MN 55317 -7706 CHANHASSEN MN 55317 -1041 EDEN PRAIRIE MN 55347 -3622 BARBARA A FELBER BONNIE M HOGHAUG BRADLEY SCOTT MAPES 468 HEARTLAND CT 425 RICE CT 445 MISSION HILLS WAY E CHANHASSEN MN 55317 -7704 CHANHASSEN MN 55317 -7709 CHANHASSEN MN 55317 -7705 BRIAN M & DAWN M RODELL RILEY BRUCE A DRAEGER CAROLINE L KULIK 8580 MISSION HILLS LN 8541 MISSION HILLS LN 8761 REFLECTIONS RD CHANHASSEN MN 55317 -7713 CHANHASSEN MN 55317 -7713 CHANHASSEN MN 55317- CHARLES MOULDER CHESTNUT GROUP LLC CHRISTINE A NELSON 455 MISSION HILLS WAY E 1560 BLUFF CREEK DR 456 HEARTLAND CT CHANHASSEN MN 55317 -7706 CHASKA MN 55318 -9519 CHANHASSEN MN 55317 -7704 COREY A HOEN DANIEL T & KELLY A FASCHING DAVID T & CORRINE A NAGEL 422 RICE CT 8550 MISSION HILLS LN 8550 TIGUA LN CHANHASSEN MN 55317 -7709 CHANHASSEN MN 55317 -7713 CHANHASSEN MN 55317 -9615 DEBRA JEAN NORTON E JAMES VALDIMORE ELIZABETH J SARNESE 441 MISSION HILLS WAY E 409 MONK CT 8791 NORTH BAY DR CHANHASSEN MN 55317 -7705 CHANHASSEN MN 55317 -7708 CHANHASSEN MN 55317 -7624 ENDA J BURGESS FRANCIS T BARUSH REV TRUST FRANK R & THERESA M 476 HEARTLAND CT 400 MONK CT GUSTAFSON CHANHASSEN MN 55317 -7704 CHANHASSEN MN 55317 -7708 449 MISSION HILLS WAY E CHANHASSEN MN 55317 -7705 GARY & LOUANN LESLIE GEORGE J CARLYLE GEORGE SEFCZYK 470 MISSION HILLS WAY 8560 MISSION HILLS LN 420 MONK CT CHANHASSEN MN 55317 -7707 CHANHASSEN MN 55317 -7713 CHANHASSEN MN 55317 -7708 HOANG MINH PHAM JAMES M SCOTT JEAN MARIE KAMRATH 417 RICE CT PO BOX 312 413 RICE CT CHANHASSEN MN 55317 -7709 HOPKINS MN 55343 -0312 CHANHASSEN MN 55317 -7709 JEFFREY W SANVILLE JENNIFER RENKLY JODEE A TOMASSONI 442 MISSION HILLS WAY E 446 MISSION HILLS WAY E 8581 MISSION HILLS LN CHANHASSEN MN 55317 -7705 CHANHASSEN MN 55317 -7705 CHANHASSEN MN 55317 -7713 JOHN D & MARY JO EICHLER JOHN W HOPKINS JONATHAN EFFERTZ 25628 CORDOVA LN 417 MONK CT 459 MISSION HILLS WAY E RIO VERDE AZ 85263 -7146 CHANHASSEN MN 55317 -7708 CHANHASSEN MN 55317 -7706 JONATHAN M SCHMIT JOSEPH & GAYLE HAUTMAN JOYCE A BENNETT 412 MONK CT 8551 TIGUA LN 8789 NORTH BAY DR CHANHASSEN MN 55317 -7708 CHANHASSEN MN 55317 -9615 CHANHASSEN MN 55317 -7624 KAREN L BLENKER KAREN L MORTENSEN KATHLEEN M JOHANNES 405 RICE CT 434 MISSION HILLS WAY E 430 MISSION HILLS WAY E CHANHASSEN MN 55317 -7709 CHANHASSEN MN 55317 -7705 CHANHASSEN MN 55317 -7705 KELLY R MORRISON KENDALL J & KRISTINE R STRAND KURT D & LYNNE MILLER 8773 NORTH BAY DR 8581 TIGUA LN 8590 TIGUA LN CHANHASSEN MN 55317 -7624 CHANHASSEN MN 55317 -9615 CHANHASSEN MN 55317 -9715 LARRY L & SHERRIE D DOBSON LARRY M & MARLENE R NASH LEE A AMIOT 370 86TH ST W 409 RICE CT 428 MONK CT CHANHASSEN MN 55317 -9784 CHANHASSEN MN 55317 -7709 CHANHASSEN MN 55317 -7708 LESLIE M BERGSTROM LILA M ZIMMERMAN LORI LEE PROECHEL 8781 NORTH BAY DR 451 MISSION HILLS WAY E 418 RICE CT CHANHASSEN MN 55317 -7624 CHANHASSEN MN 55317 -7706 CHANHASSEN MN 55317 -7709 LUANN M MARKGRAF MARGIE L WESTERGAARD MARK W LINDNER 401 RICE CT 425 MONK CT 8785 NORTH BAY DR CHANHASSEN MN 55317 -7709 CHANHASSEN MN 55317 -7708 CHANHASSEN MN 55317 -7624 MARY E MUIRHEAD MICHELLE H CARPENTER MISSION HILLS GARDEN HOMES 424 MONK CT 464 HEARTLAND CT 2681 LONG LAKE RD CHANHASSEN MN 55317 -7708 CHANHASSEN MN 55317 -7704 ROSEVILLE MN 55113 -1128 NATHAN HICKS NGA DOAN NICOLE A DELANEY 478 MISSION HILLS WAY E 8799 NORTH BAY DR 8793 NORTH BAY DR CHANHASSEN MN 55317 -7707 CHANHASSEN MN 55317 -7624 CHANHASSEN MN 55317 -7624 NICOLE D OPITZ NICOLE M EVENSON NORTH BAY HOMEOWNERS ASSN 437 MISSION HILLS WAY E 8797 NORTH BAY DR INC CHANHASSEN MN 55317 -7705 CHANHASSEN MN 55317 -7624 2681 LONG LAKE RD ROSEVILLE MN 55113 -1128 PATRICIA A ADAMS PATRICIA M HEDTKE PAUL C LYONS 429 RICE CT 405 MONK CT 8571 TIGUA LN CHANHASSEN MN 55317 -7709 CHANHASSEN MN 55317 -7708 CHANHASSEN MN 55317 -9615 PAUL D JUAIRE QUIRIN & MARIA MATTHYS RACHELLE L TIMLIN 462 MISSION HILLS WAY E 8795 NORTH BAY DR 404 MONK CT CHANHASSEN MN 55317 -7706 CHANHASSEN MN 55317 -7624 CHANHASSEN MN 55317 -7708 RAYMOND C ORTMAN JR RICHARD K & THERESA A HESS RITA HALONEN 8525 MISSION HILLS LN 8561 MISSION HILLS LN 438 MISSION HILLS WAY E CHANHASSEN MN 55317 -7713 CHANHASSEN MN 55317 -7713 CHANHASSEN MN 55317 -7705 ROBERT J & ARLENE T HART ROBERT M & TAMMY L SCHAEFER ROBERTA A JOHNSON 474 MISSION HILLS WAY E 8571 MISSION HILLS LN 466 MISSION HILLS WAY E CHANHASSEN MN 55317 -7707 CHANHASSEN MN 55317 -7713 CHANHASSEN MN 55317 -7707 RONALD S & BARBRA T EWING ROSE M KERBER ROSEMARY B WILL 8570 MISSION HILLS LN 460 HEARTLAND CT 475 FRISCO CT CHANHASSEN MN 55317 -7713 CHANHASSEN MN 55317 -7704 CHANHASSEN MN 55317 -7718 SARA LUCY KALEY SCOTT J NELSON SHANNON HARER 482 MISSION HILLS WAY E 429 MISSION HILLS WAY E 413 MONK CT CHANHASSEN MN 55317 -7707 CHANHASSEN MN 55317 -7705 CHANHASSEN MN 55317 -7708 SIGNE HANSON STATE OF MINNESOTA - DOT STATE OF MINNESOTA - DOT 1326 90TH AVE 395 JOHN IRELAND BLVD 631 TRAN 1500 W COUNTY ROAD B2 SHERBURN MN 56171 -1236 ST PAUL MN 55155 -1801 ROSEVILLE MN 55113 -3174 STEPHAN M BRINK STEVEN D LEHTO SUSAN M HEINEMANN 433 MISSION HILLS WAY E 8591 TIGUA LN 421 RICE CT CHANHASSEN MN 55317 -7705 CHANHASSEN MN 55317 -9615 CHANHASSEN MN 55317 -7709 SUSAN M LETNER THOMAS D KARELS THOMAS J BOURNE PO BOX 220 416 MONK CT 471 FRISCO CT CHANHASSEN MN 55317 -0220 CHANHASSEN MN 55317 -7708 CHANHASSEN MN 55317 -7718 THOMAS L SIEVERS THOMAS NIMMO TROY A & VIRGINIA L KAKACEK 475 MISSION HILLS WAY E 8561 TIGUA LN 380 86TH ST W CHANHASSEN MN 55317 -7707 CHANHASSEN MN 55317 -9615 CHANHASSEN MN 55317 -9784 TYLOFRANO 8521 TIGUA LN CHANHASSEN MN 55317 -9615 JOHN KNOBLAUCH 1450 KNOB HILL LANE EXCELSIOR MN 55331 US HOME CORPORATION VYACHESLAV KRASNOKUTSKIY 16305 36TH AVE N SUITE 600 390 86TH ST W PLYMOUTH MN 55446 -4270 CHANHASSEN MN 55317 -9784 AI -Jaff, Sharmeen From: AI -Jaff, Sharmeen Sent: Tuesday, January 08, 2013 11:05 AM To: X B' Subject: RE: development of area S of 86th st Good morning Karen, The developer will be required to install a sound wall along Highway 212. Access to the site is limited but we will do everything we can to minimize wetland impacts. The developer will be required to add landscaping to the site. As I mentioned before, this is a concept and I will attach your comments to the staff report. Sincerely, Sharmeen Al -.Taff Senior Planner .952.22 7. 1134 From: K B [ mailto:kabllCa>msn.com ] Sent: Monday, January 07, 2013 7:37 PM To: AI -Jaff, Sharmeen Subject: RE: development of area S of 86th st Hi, I looked at the plans. Why destroy part of the wetland area by putting a road thru it, what if that pond flooded, there is no other way out. Wouldn't a better plan be to put the road across from from lot 6 and 7, shorter road to development it doesn't destroy a good piece of the wetland. It doesn't impact our neighborhood, although traffic would increase along 86th st plus it would then cost less. Leave the wetland area alone. Another point to make would be the noise from 212. I hear traffic from my place, there is no noise reduction wall along this section, there's only a fence, that would have to be built. I would never buy anything in that area because of that. When I purchased my townhouse, I paid at least $5 -6,000 more for the exact layout as another in this area because of the wooded area behind it. Like I said this will decrease the value of our property along Rice Court. Plus I like the privacy here as do my neighbors. We enjoy watching the wildlife. I have lived here since these townhomes have been built because of this, almost 17 yrs. There have been too many areas in Chanhassen that have been clear cut , beautiful old trees cut down. This needs to stop, We need to protect these areas. Thank you for considering this. Karen From: SAI- Jaff(aci.chanhassen.mn.us To: kabli @msn.com Subject: RE: development of area S of 86th st Date: Mon, 7 Jan 2013 21:08:29 +0000 Hi Karen, Attached is the latest concept plan. Sincerely, Sharmeen Al Jaff Senior Planner 952.227.1134 From: K B [ mailto:kabli @msn.com Sent: Monday, January 07, 2013 1:16 PM To: AI -Jaff, Sharmeen Subject: Re: development of area S of 86th st Hi do you have the plans on the website? There were 2 links and I could not access the second one. Thanks, Karen Sent from my l/eazon Wireless 4G L TE DROID "AI -Jaff, Sharmeen" < SAI- Jaff(@ci.chanhassen.mn.us wrote: Good morning Karen, At this time, it's only a concept. We are trying to flush out the issues. I will include your e -mail as an attachment to the staff report so it can become part of the public record. Sincerely, Sharmeen Al -.laff Senior Planner 952.227.1134 From: K B [ mailto:kabl1Omsn.com ] Sent: Saturday, January 05, 2013 8:00 PM To: AI -Jaff, Sharmeen Subject: development of area S of 86th st Importance: High Hi, I live on Rice Court in Chanhassen which backs up to the proposed development area called Preserve at Rice Lake. I am concerned about what will happen to the pond area and the tree line between my place and this area. There is a lot of wildlife in this area and do not want this to be affected. Also this will decrease the value of my home. The reason I bought this place was because it backed up to a natural area. We CAN NOT destroy these areas. I will not be able to make the Jan 15 meeting due to being out of the state. Please let me know the plans for this area. Thanks, Karen