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G-2 Bluff Creek CottagesCITY OF cwANeassEN 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: 952.227.1400 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: August 12, 2013 Q l SUBJ: Rezoning, Site Plan Approval and Conditional Use Permit for construction of a Continuing Care Retirement Facility; and Resolution Removing Property from the Rural Service District Bluff Creek Cottages - Planning Case #2013 -08 PROPOSED MOTION "The Chanhassen City Council approves Rezoning of property from Agricultural Estate District (A2) to Mixed Medium Density Residential District (R8), Site Plan Approval for construction of a Continuing Care Retirement Facility (Bluff Creek Cottages), Conditional Use Permit to allow development within the Bluff Creek Overlay District, and a Resolution removing property from the Rural Service District, subject to the conditions of approval and adoption of the attached Findings of Fact " City Council approval requires a majority vote of City Council present. EXECUTIVE SUMMARY The developer is requesting a Rezoning from Agricultural Estate District (A2) to Mixed Medium Density Residential District (R8), Conditional Use Permit to allow development within the Bluff Creek Overlay District; Site Plan approval for the construction of a continuing care retirement facility, and a Resolution removing property from the Rural Service District. The site is located north of Pioneer Trail and west of Bluff Creek Boulevard. Access to the site will be gained off of Pioneer Trail. The site is zoned Agricultural Estate District. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on July 16, 2013 to review the proposed development. The Planning Commission voted unanimously to recommend approval of the project. The July 16, 2013 Planning Commission minutes are in the Consent Agenda portion of the City Council packet. Two concerns were raised by neighbors who attended the Planning Commission meeting: Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt Bluff Creek Cottages — Planning Case 2013 -08 August 12, 2013 Page 2 of 3 Concern: The creek running along the east side of the property creates a barrier for connecting to the City of Chanhassen's sanitary sewer system. The proposed sanitary sewer service for this property will connect to the City of Chaska's sanitary sewer system. The City of Chaska is agreeable to the proposed connection, but must approve the sewer plans. The residents of the neighborhood to the east questioned the capacity of the existing sewer system. Response: The City of Chaska will hire a consultant to confirm the capacity of the system. The developer will be responsible for paying the City of Chaska for these consulting services. Approval of this application is contingent upon the City of Chaska approving this connection. Concern: The view from the homes located in the City of Chaska, east of the subject site. Response: Staff directed the applicant to provide a cross section of the westerly elevation of the building. The first floor of the home is at an elevation of 913 and is 32 feet high. The subject building is situated at an elevation of 913 and is 35 feet high. Existing vegetation will provide screening during the spring and summer months. The site will be more visible during the winter months. The separation between the closest structure and the proposed building is 300 feet. Todd Gerhardt Bluff Creek Cottages — Planning Case 2013 -08 August 12, 2013 Page 3 of 3 RECOMMENDATION Staff recommends approval of a Rezoning of property from Agricultural Estate District (A2) to Mixed Medium Density Residential District (R8), Site Plan Approval for construction of a Continuing Care Retirement Facility (Bluff Creek Cottages), Conditional Use Permit to allow development within the Bluff Creek Overlay District, and Resolution removing property from the Rural Service District, subject to the conditions of approval and adoption of the attached Findings of Fact. ATTACHMENTS 1. Resolution. 2. Staff Report Dated July 16, 2013. g1plan\2013 planning cases\2013 -08 bluff creek cottages\resubruittal 6 -14 -13 \executive sum ary.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 12, 2013 RESOLUTION NO: 2013- MOTION BY: SECONDED BY: A RESOLUTION REMOVING PROPERTY FROM THE RURAL SERVICE DISTRICT WHEREAS, the City of Chanhassen has established rural and urban service districts; and WHEREAS, property within the Metropolitan Urban Services Area is, or can be, served by sewer and water service; and WHEREAS, the City of Chanhassen must determine this property which shall be located within the rural service district; and WHEREAS, property that has received approval from the City for development purposes may no longer be considered rural. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby specifies the property in Exhibit 1 be removed from the Rural Service District. Passed and adopted by the Chanhassen City Council this 12a' day of August, 2013. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT g: \plan\2013 planning cases\2013 -08 bluff creek cottages\resubmittal 6- 14- 13\rural service district resolution.doc EXHIBIT 1 LIST OF PROPERTIES TO REMOVE FROM THE RURAL SERVICE DISTRICT August 12, 2013 PID Number 25- 0270400 BLUFF CREEK SENIOR HOUSING LLC PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve a Rezoning of Property from Agricultural Estate District (A2) to Mixed Medium Density Residential District (R8), Site Plan Approval for construction of a Continuing Care Retirement Facility (Bluff Creek Cottages), Conditional Use Permit to allow development within the Bluff Creek Overlay District, subject to the conditions of approval and adoption of the attached Findings of Fact and Recommendation." SUMMARY OF REQUEST: The applicant is requesting a Rezoning of 8.9 acres of property 6Y7 from Agricultural Estate District (A2) to Mixed Medium Density Residential District (R8), Site Plan Approval for construction of a Continuing Care Retirement Facility (Bluff Creek Cottages), and a Conditional Use Permit to allow development within the Bluff Creek Overlay District. Notice of this public hearing has been mailed to all property owners within the required 500 feet. Staff is recommending approval of the request with conditions. LOCATION: North of Pioneer Trail and west of Bluff Creek Boulevard. APPLICANT: Community Asset Development Group John Klingelhutz 1403 Valley View Road 1560 Bluff Creek Drive Chaska, MN 55318 Chaska, MN 55318 Mr. David Pokorney Phone: 952- 448 -4444 davookomey@vmaii.com PRESENT ZONING: Agricultural Estate District (A -2) 2030 LAND USE PLAN: Residential Medium Density (Net density 4 -8 Units /Acre) ACREAGE: 8.9 Acres DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION- MAKING: The City has a relatively high level of discretion in approving rezonings because the City is acting in its legislative or policy - making capacity. The rezoning must be consistent with the City's Comprehensive Plan. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi - judicial decision. SCANNED Planning Commission Bluff Creek Cottages — Planning Case 2013 -08 July 16, 2013 Page 2 of 23 The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi- judicial decision. PROPOSAL /SUMMARY The request consists of multiple applications to facilitate the construction of a continuing care retirement facility (Bluff Creek Cottages). The request includes a Rezoning from Agricultural Estate District (A2) to Mixed Medium Density Residential District (R8), Conditional Use Permit to allow development within the Bluff Creek Overlay District; and Site Plan approval for the construction of a continuing care retirement facility. The site is located north of Pioneer Trail and west of Bluff Creek Boulevard. Access to the site will be gained off of Pioneer Trail. The site is zoned Agricultural Estate District. The following is a summary of the requests: 1. Rezoning: The first request is to rezone the property from Agricultural Estate District to Mixed Medium Density Residential District. 2. Conditional Use Permit: The second request is for a Conditional Use Permit to allow development within LOOMK MWTM LN �P ,y�• '� SUBJECT PROPERTY a "'v � TPE�QM IN �'1 °r s:44 the Bluff Creek Overlay District. A tributary to Bluff Creek runs along the northeastern portion of the site. The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low- impact practices. This parcel is partially encumbered by the Bluff Creek primary zone. The applicant is requesting a conditional use permit to allow development next to the primary zone. Planning Commission Bluff Creek Cottages — Planning Case 2013 -08 July 16, 2013 Page 3 of 23 3. Site Plan: The final request is for a site plan to construct a 13,700 square -foot, one - story, 24 -bed continuing care retirement facility. The total permitted site coverage is 35 percent. The proposed development has a total hard coverage area of 8.9 %. The design of the building is attractive and is proposed to be constructed of high - quality materials. They include Cultured Stone at the entry and paneling at the main body of the building. All elevations that can be viewed by the public have received equal attention. Parking is buffered from views by landscaping and the building. A trail extends along the southeast portion of the site. The applicant will extend a sidewalk from the building to the trail to separate pedestrian from vehicular traffic. Access to the site is provided via a curb cut off of Pioneer Trail. Any work within the right -of -way will require approval of the jurisdictional agency. Staff regards the project as a well - designed development. The overall design is sensitive to the surroundin area Based 06 6 � r g upon the foregoing, staff is recommending approval of the rezoning, subdivision and site plan with conditions as outlined in the staff report. APPLICABLE REGULATIONS Chapter 20, Article II, Division 2, Amendments Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article XIV, Division 2, "R -8" Mixed Medium Density Residential District Chapter 20, Article XXIII, Division 9, Design Standards for Multifamily Developments Chapter 20, Article XXXI, Bluff Creek Overlay District BACKGROUND This parcel is constrained by the Bluff Creek Overlay district, steep slopes and bluffs, wetlands and shoreland overlay district. The applicant is requesting that the area be rezoned mixed medium density residential and that a conditional use permit be granted for development within the Bluff Creek Overlay District. Planning Commission Bluff Creek Cottages – Planning Case 2013 -08 July 16, 2013 Page 4 of 23 The Land Use Plan designates the area that is north of Pioneer Trail and west of Bluff Creek Drive as Residential Medium Density. This category has been established to accommodate a medium- density residential development. The medium density category, which includes units with a maximum net density of 8.0 units per acre, accommodates townhouses, two - family and multi - family dwellings, but would also permit the development of the continuing care retirement facility. SITE PLAN — ; Ae I ILI In order to provide a better understanding of the overall development, staff will first review the site plan component, which in turn leads to the rezoning. The building must comply with the Design Standards for the multi - family district and the standards set in the continuing care retirement facility. The city code requires the development to have an attractive design and use durable materials. Site coverage may not exceed 35 percent. The total hard surface coverage proposed on the site is 8.9 %. The design of the building is attractive and is proposed to be constructed of high- quality materials. They include Cultured Stone at the entry and paneling as the main body of the building. All elevations that can be viewed by the public have received equal attention. Parking is buffered from views by landscaping. A sidewalk is proposed to be extended along the south edge of the parking lot and access driveway to connect with an existing trail along Pioneer Trail. It will separate pedestrian from vehicular traffic. The trash enclosure for the building has not been shown on the plans. The structure must be screened from views and constructed of the same materials as the building. The added landscaping and boulevard trees will provide a calming effect to a busy area. Planning Commission Bluff Creek Cottages — Planning Case 2013 -08 July 16, 2013 Page 5 of 23 The site plan request is for a 13,700 square -foot, one -story, 24 -bed continuing care retirement facility. The building has a pronounced entrance, utilizes durable exterior materials, and exhibits articulation. The building maintains all required setbacks. The following applies to the continuing care retirement facilities: (1) The facility shall maintain state licensing. (2) The facility shall conform to the requirements of the Minnesota State Building Codes and Fire Codes. (3) The facility shall be connected to municipal services. (4) The facility shall be of residential style and character with a maximum structure height of 35 feet. (5) Parking areas shall be screened from public or private right -of -way and adjacent single - family residential areas. (6) One -third parking space per bed shall be provided with an additional parking space for every employee on the largest single shift. (7) The facility shall be located in a medium or high- density district with a gross density not exceeding 16 beds per acre. (8) Access to the site shall be from a collector or arterial street as defined in the comprehensive plan. Finding: The site will be licensed and conform to the requirements of the Minnesota State Building and Fire Codes. The site will be connected to municipal services. The building has a residential appearance to it. It maintains a one -story appearance and most of the parking is located northeast of the building. The building has a capacity of 24 individuals and will require 3 employees on the major shift. This will translate to 11 parking spaces. The applicant is providing 15 spaces. The access to the site will be via Pioneer Trail. LIGHTING /SIGNAGE The applicant prepared a lighting photometrics plan. Light levels for site lighting shall be no more than one -half foot candle at the project perimeter property line. This does not apply to street lighting. Light fixtures shall be downcast and the light shall be cut off at a 90- degree angle as required by the city code. All fixtures shall be shielded. The applicant has not shown any signs on the site. One monument sign shall be permitted on the site. The size of the sign may not exceed 24 square feet nor be higher than 5 feet. The sign shall be set back a minimum of 10 feet from the property line. The sign must comply with the sign ordinance. The letters shall be backlit and use individual dimension letters, at least one -half inch deep. The sign materials shall be compatible with the building. The applicant must apply for a sign permit. PARKING City code requires one -third parking space per bed with an additional parking space for every employee on the largest single shift. The building has a capacity for 24 individuals which Planning Commission Bluff Creek Cottages — Planning Case 2013 -08 July 16, 2013 Page 6 of 23 translates to 8 parking spaces. The major shift will have 3 employees. The total number of parking spaces required is 11. The applicant is providing 15 parking spaces. ARCHITECTURAL COMPLIANCE Size. Portion and Placement Entries: The building has a pronounced entrance. Articulation: The building incorporates adequate detail and has been tastefully designed. The architectural style is unique to the buildings but will fit in with the surrounding area. The building will provide a variation in style through the use of Cultured Stone and siding. The building utilizes exterior materials that are durable and of high quality. Signs: All signage must meet the sign ordinance. Material and Detail High quality materials are being used on the building. Color The colors chosen for the building are earth tones. The selection is unique, but blends in with the surrounding buildings. Height and Roof Design The maximum building height permitted is three stories. The building meets the ordinance requirement. The roofline is staggered, adding articulation to the design of the building. The ordinance requires a pitched element on building. Multiple dormers are used to break the expanse of the pitched roof to comply with this requirement. All rooftop equipment must be screened from views. Facade Transparency All facades viewed by the public contain more than 50 percent windows and/or doors. Loading Areas, Refuse Areas, etc. The trash enclosure has not been shown on the plans. The structure must be hidden from views and utilize the same materials as the building. Recycling space and other solid waste collection space should be contained within the same enclosure. Planning Commission Bluff Creek Cottages — Planning Case 2013 -08 July 16, 2013 Page 7 of 23 SITE PLAN FINDINGS In evaluating a site plan and building plan, the City shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terns of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Fes: The proposed development is consistent with the City's design requirements, the comprehensive plan, the zoning ordinance, the design standards, and the site plan review requirements. Staff is recommending approval of the request with conditions. The site design is compatible with the surrounding developments. It is functional and harmonious with the area. Planning Commission Bluff Creek Cottages — Planning Case 2013 -08 July 16, 2013 Page 8 of 23 Staff regards the project as a reasonable use of the land. The overall design is sensitive to the City's image. Based upon the foregoing, staff is recommending approval of the site plan with conditions outlined in the staff report. The applicant is proposing to rezone the property from A2, Agricultural Estate District, to R8, Mixed Residential Medium Density District. The area to the north is occupied by the Liberty at Bluff Creek townhouse development. The area to the northeast of the subject site is occupied by single - family homes and is guided Residential Low Density, and the area to the southwest contains a single - family home and is located in the City of Chaska. The 2030 Land Use Plan shows this area designated for development as Medium Density Residential, net density of 4 - 8 units per acre. Appropriate zoning for this land use is R -8, RLM, or PUD -R. The use consists of a single building with 24 individual rooms. The occupants of the building will be individuals that need assistance with their mobility and will not put the same level of demand on the infrastructure that a typical medium density development would (i.e. trip generation, parking, etc.). The R -8 District is the only residential zoning district that permits this type of development. This area is in the Metropolitan Urban Service Area (MUSA). Staff is recommending that this area be rezoned to R -8 and finds that the rezoning is consistent with the Comprehensive Plan. NORTH SOUTH EAST WEST DEVELOPMENT Liberty at Bluff City of Chaska/Shadow Liberty at Bluff Open Space Creek Wood Creek LAND USE Residential Residential Low Residential Parks and Open Medium Density Density Medium Density Space PUD -R Planned PUD -R Planned Unit Single Family Residential Low Unit ZONING Development and Medium Development Residential District Density District Residential District District The 2030 Land Use Plan shows this area designated for development as Medium Density Residential, net density of 4 - 8 units per acre. Appropriate zoning for this land use is R -8, RLM, or PUD -R. The use consists of a single building with 24 individual rooms. The occupants of the building will be individuals that need assistance with their mobility and will not put the same level of demand on the infrastructure that a typical medium density development would (i.e. trip generation, parking, etc.). The R -8 District is the only residential zoning district that permits this type of development. This area is in the Metropolitan Urban Service Area (MUSA). Staff is recommending that this area be rezoned to R -8 and finds that the rezoning is consistent with the Comprehensive Plan. Planning Commission Bluff Creek Cottages — Planning Case 2013 -08 July 16, 2013 Page 9 of 23 CONDITIONAL USE PERMIT A tributary to Bluff Creek transects the northern portion of this property. For this reason a portion of the property lies within the Shoreland Overlay District and the Bluff Creek Overlay District. In discussions with the applicant, they have no intention of developing farther north toward Bluff Creek and have suggested donating this area to the City. This would connect two city -owned parcels and would go towards the goal of a continuous greenway. The applicant's proposed development is consistent with the Bluff Creek Overlay District management goals and the TMDL study. A 40 -foot setback is required from the Bluff Creek Primary Zone boundary. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. CONDITIONAL USE PERMIT FINDINGS In evaluating a conditional use permit, the city should consider the developer's compliance with the following: 1. The proposed development will not be detrimental to or degrade the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 2. The proposed development will be consistent with the objectives of the city's comprehensive plan and this chapter. 3. The proposed development will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 4. The proposed development will not be hazardous or disturbing to existing or planned neighboring uses. 5. The proposed development will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 6. The proposed development will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 7. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Planning Commission Bluff Creek Cottages — Planning Case 2013 -08 July 16, 2013 Page 10 of 23 8. The proposed development will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 9. The proposed development will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 10. The proposed development will be aesthetically compatible with the area. 11. The proposed development will not depreciate surrounding property values. 12. The proposed development will meet standards prescribed for certain uses as provided in the Conditional Use article. COMPLIANCE TABLE Ordinance Requirements (R -8) Proposed Lot Area 3 acres 8.9 acres Frontage 150 feet 246 feet Depth 150 feet 626 feet Lot Coverage 35% 8.9% Building Height Principal three stories (35 feet) one story (21 feet) Accessory one story NA Building Setbacks Front yard 25 feet Approx. 80 feet Rear yard 25 feet Approx. 322 feet Side yard 10 feet Approx. 144 feet south property line) Bluff Creek Primary 40 feet 62 feet Wetland Buffer 16 feet buffer setback 40 feet Buffer 16.5 feet buffer setback 82 feet Parking Requirements Stalls 1/3 space per bed = 8 1 per employee largest shift = 3 Total = 11 15 Front yard 25 feet 100 feet Planning Commission Bluff Creek Cottages — Planning Case 2013 -08 July 16, 2013 Page 11 of 23 GRADING AND DRAINAGE This site is bordered to the northeast by Bluff Creek and to the southwest by a wetland. The existing grading directs stormwater on the southwest part of the site to the wetland and directs stormwater on the north part of the site to the creek. Stormwater on the southeast part of the site (within MnDOT right -of -way) flows into the Pioneer Trail ditch system. The proposed grading plan would create a stormwater pond northwest of the proposed building. This pond would collect the stormwater runoff from the parking lot and the outdoor space adjacent to the building. The overflow will drain to the wetland in the southwest area of the property. The proposed grading plan includes an infiltration basin. The stormwater from the ground between the infiltration basin and the driveway will drain to the basin and will overflow into the wetland in the southwest area of the property. The lower half of the driveway and the ground adjacent to the driveway will drain onto Pioneer Trail. The site is 8.9 acres in area and appears to have close to one acre of disturbed area. The drainage map associated with the HydroCAD model indicates that over 1.5 acres will be disturbed. This means that the development will require an NPDES construction permit. The City shall be provided confirmation of the permit and a Surface Water Pollution Prevention Plan ( SWPPP) must be prepared and submitted to the City for review and comment prior to any earth - disturbing activities. In addition to the submittal of the SWPPP and the required elements under the NPDES construction permit, the plan set must be consistent with Chapter 19 of Chanhassen City Code. The following comments relate to the grading/erosion control plan (Sheet C3.0). The inclusion of a bioretention feature is consistent with the desire to reduce volume discharging to Bluff Creek. It is important that a detailed plan is prepared and submitted showing how the feature will be protected from construction traffic and sedimentation while the remainder of the site is being constructed. The bioretention area must remain undisturbed until the remainder of the site is graded. Upon construction of the area, only light equipment should be used in the infiltration area and perimeter control measures shall be erected around the bioretention feature. These shall remain in place until the contributing area is stabilized. All details pertaining to erosion prevention and sediment control shall be from the city's detail plates unless otherwise approved. In no case may wooden posts be used. The placement of silt fence shall be moved to include all graded areas, and inlet protection shall be provided at the existing catch basins on Pioneer Trail downstream of the site and on all proposed catch basins until the site has been stabilized. The curb cut swale to the pond shall be stabilized as addressed in the section entitled "Surface Water Management ". The plans must be signed by a registered engineer. An existing topography plan sheet must be included in the plan set. The developer's engineer must submit a soils report and boring log for this site indicating the soil conditions, permeability and slope. Planning Commission Bluff Creek Cottages — Planning Case 2013 -8 July 16, 2013 Page 12 of 23 The plans must show the elevations at the corners of the proposed building. The grading at the east corner of the building must be adjusted so that water will flow away from the building. The grading plans must be amended so that no slopes exceed 3:1. The plans must identify any stockpile areas that will be used during construction. RETAINING WALLS One 4 -foot high retaining wall is proposed between the east comer of the building and the driveway. The developer's engineer must call out the 6 -foot retaining wall around the "outdoor space" in the plans and include top and bottom of wall elevations. The following materials are prohibited for retaining wall construction: smooth face, poured in place concrete (stamped or patterned concrete is allowed), masonry, railroad ties or timber. Walls taller than 6 feet shall not be constructed with boulder rock. The developer's engineer must adjust grading at the face of the east retaining wall to create a swale so water will flow away from both the wall and the building. The retaining walls will be privately owned and maintained. All retaining walls over 6 feet high and within 10 feet of a sidewalk or other public way must have a fence or other barrier. This condition includes the areas where the building foundation will act as a retaining wall. DRIVEWAY AND PARKING LOT The developer proposes a 24 -foot wide, 500 -foot long driveway that leads to a parking lot with 14, 90- degree stalls and a turnaround for emergency vehicles. Before vehicles enter Pioneer Trail, the driveway must provide a landing area that starts at least 50 feet back from the crosswalk and is at a 2% maximum grade. The parking lot aisle must be 26 feet wide. The turnaround must allow enough room for a fire truck to turn and exit the parking lot without going through the parking spaces. Approved turnarounds include a 100 -foot hammerhead and a 70 -foot diameter cul -de -sac. UTILITIES The creek running along the east side of the property creates a barrier for connecting to the City of Chanhassen's sanitary sewer system. The proposed sanitary sewer service for this property will connect to the City of Chaska's sanitary sewer system. The City of Chaska is agreeable to the proposed connection, but must approve the sewer plans. Although the downstream facility has sufficient capacity for the proposed building, any additional sanitary sewer capacity needed for this site in the future cannot be accommodated by this connection. The developer's engineer must show the detailed lift station design and location in the plans. The sanitary sewer will be privately owned and maintained. Planning Commission Bluff Creek Cottages — Planning Case 2013 -8 July 16, 2013 Page 13 of 23 The watermain service for this property will run parallel to Pioneer Trail and connect to the City of Chanhassen's water system at Bluff Creek Boulevard. The connection to Chanhassen's watermain system must be shown in the plan. The proposed watermain will be privately owned and maintained. The watermain that is parallel to Pioneer Trail must be 8 inches to accommodate fire flows. The developer's engineer shall model fire flows to the development to ensure the watermain pipe size is adequate. Fire hydrants are required every 400 feet, and gate valves are required every 800 feet. The proposed sewer and water connections lie within Carver County right -of -way. The developer must acquire the appropriate permits for utility installation. This property has outstanding assessments from previous improvement projects that were deferred due to the property's Green Acres status. Changing the zoning for this property will cause the assessments to come due. An assessment for Bluff Creek Boulevard improvements with a principal of $7,918.72 was deferred and has been accruing interest at 6% since 2008. As of July 9, 2013, the assessment amount was $11,005.42. Assessment for TH 212 improvements with a principal of $11,790.06 was deferred and has been accruing interest at 6% since 2006. As of July 9, 2013, the assessment amount was $16,494.30. Water and sewer trunk and hook -up fees are to be collected with the development contract. Both the sewer and water hook -up fee will be assessed at the rate for the City of Chanhassen in effect at that time. The developer will need to apply for a no -fee plumbing permit from the City of Chaska before connecting their sanitary service. EASEMENTS MnDOT right -of -way separates the Bluff Creek Cottages property from Pioneer Trail (County Road 14). An access agreement must be obtained from MnDOT and Carver County to allow the driveway to connect to Pioneer Trail. An encroachment agreement must be obtained from MnDOT and Carver County to allow construction of private utilities in the right -of -way. Ten -foot wide drainage and utility easements are required over all public utilities. WETLANDS There are two wetland basins located on the property. Currently, no delineation has been submitted or approved for either basin. Given the distance between the proposed improvements and the likely wetland boundaries, it is not imperative that a delineation be performed on the basins. However, for the purposes of establishing buffers and setbacks, an elevation shall be established and agreed to by the city which will approximate the extent of the wetland. The plan set must clearly indicate that these wetlands are not delineated in accordance with 1987 US Planning Commission Bluff Creek Cottages — Planning Case 2013 -8 July 16, 2013 Page 14 of 23 Army Corps of Engineers Wetland Delineation Manual. Any future expansion of grading activities and/or construction area will require that the wetlands are delineated in a manner consistent with the accepted practice of wetland determination and delineation. The more westerly basin is located within both Chanhassen and the City of Chaska. The invert elevation for the outlet from this basin is set at 893.62'. Given bounce and capillary movement of water within the soils, the boundary shall be assumed to be at 894' and the buffer and setback shall be from this contour. The plan sheets must be amended to reflect this. The drainage and utility easement must be recorded against the property and must include the wetland and the buffer or these areas shall be dedicated to the city. Further, the plans must show the proposed location of the wetland buffer monuments and these monuments must be installed prior to the release of the final plat. A vegetation management plan will be required for any disturbed buffer area or any buffer that is unacceptable as described in section 20 -142 of city code. SHORELAND OVERLAY AND BLUFF CREEK OVERLAY DISTRICTS Bluff Creek transects the northern portion of this property. For this reason a portion of the property lies within the Shoreland Overlay District and the Bluff Creek Overlay District. Bluff Creek is impaired for turbidity and for fish indices of biological integrity (IBI). The Total Maximum Daily Load study and Stressor Identification Report both indicate that flow volumes contribute to both impairments. The Bluff Creek Corridor Feasibility report identifies the acquisition and preservation of a continuous greenway corridor from the headwaters near Minnewashta Park to the Minnesota River. In discussions with the applicant, they have no intention of developing further north toward Bluff Creek and have suggested donating this area to the city. This would connect two city -owned parcels and would go towards the goal of a continuous greenway. The proposed development is consistent with the Bluff Creek Overlay District management goals and the TMDL study. SURFACE WATER MANAGEMENT Two stormwater management features are being proposed. The retention pond is to receive drainage from the parking area and the building through a 4- foot curb cut in the parking lot. It has been staff s experience that these swales are prone to erosion problems. The model should be modified to indicate the discharge velocity at the curb cut. If it exceeds three (3) cfs the water should be piped to the pond. This is the preferred method of conveyance. The rip rap should be extended all the way to the normal water level of 905.0 and the geotextile should have a high permittivity rating. Because of the long -term maintenance issues associated with this inlet, it shall be the property owner's responsibility to maintain this inlet and an operations and maintenance manual shall be developed and submitted to the city for review and records. This O &M shall include the biofiltration feature as well. Planning Commission Bluff Creek Cottages — Planning Case 2013 -8 July 16, 2013 Page 15 of 23 The outfall for the pond shall be pulled back toward the pond so that it is far enough removed from the 894' contour such that no part of the rip rap needs to extend into the wetland area. If practicable to do so from an engineering standpoint, it should discharge before reaching the buffer area. The other stormwater management feature is a bioretention basin located south of the building. A detailed construction plan must be developed and provided to the city for review and comment. This plan shall be consistent with the Minnesota Stormwater Manual "Design criteria for bioretention ". A percolation test using an infiltrometer such as a double ring or modified Philip Dunne shall be provided for determining infiltration rates. Currently the model assumes am infiltration rate of 0.37 inches/hour. This exceeds the design infiltration rates for B soil groups, as found in the MN Stormwater manual, by nearly 20 %. This is even more problematic as it appears likely that a portion of the feature overlies a soil unit with a `C' classification. The model shall be amended to reflect the results of the soil borings and infiltrometer tests. Soil borings have not been provided. These are necessary to have reasonable assurance that three feet of separation exists between the bottom of the basin and the highest known ground water level. Pretreatment is required before discharging into the bioretention feature. This can be done with a forebay, a grass swale or a sump manhole. The plan must be amended to include the proposed pretreatment method. Soils shall be amended within the feature as indicted in the MN Stormwater Manual. An underdrain system is highly recommended. The feature shall be designed to draw down in 48 hours time. A detailed vegetation management plan shall be developed and submitted. This plan should include a plant schedule and anticipated annual maintenance. It may be included as part of the operations and maintenance manual. The final 150 feet of the entrance will not be captured and treated on -site but will instead ran into Pioneer Trail. The applicant must receive approval from Carver County for this condition. It is also likely that during larger events, additional runoff will enter Pioneer Trail as a result of blow by as the catch basins cannot accommodate the runoff. The applicant shall provide a spread and run calculation for the proposed catch basin configuration. LANDSCAPING Minimum requirements for landscaping include 696 square feet of landscaped area around the parking lot, one landscape island or peninsula, two trees for the parking lot, and bufferyard plantings along the property lines. The applicant's proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table. Planning Commission Bluff Creek Cottages — Planning Case 2013 -8 July 16, 2013 Page 16 of 23 Applicant meets minimum requirements for trees and landscaping in the parking lot area. Buffe and Requirements Required Proposed Vehicular use landscape area 696 s . ft. >696 s . ft. Trees/ parking lot 2 trees 2 trees Islands or peninsulas/parking arking lot 1 islands/ eninsulas 1 islands/ peninsulas Applicant meets minimum requirements for trees and landscaping in the parking lot area. Buffe and Requirements Required plantings Proposed plantings 4 Overstory trees 4 Overstory trees Bufferyard A — west prop. Line, 480' 4 Understory trees 12 Understory trees 8 Shrubs Existing vegetation 1 Overstory trees Existing vegetation and Bufferyard A — north prop. Line, 1 Understory trees distance meet buffer 2 Shrubs requirements 4 Overstory trees 1 Overstory trees Bufferyard A — east prop. Line, 400' 4 Understory trees 9 Understory trees 8 Shrubs 26 Shrubs Existing wooded area 1 Overstory trees 3 Overstory trees Bufferyard A — south prop. Line, 140' 1 Understory trees 2 Understory trees 2 Shrubs 12 Shrubs The applicant meets minimum requirements for bufferyard plantings. The applicant does not show foundation plantings around the exterior footprint of the building. City ordinance requires that foundation plantings be included in order to improve the appearance of a structure. The applicant shall revise the landscape plan to include a mix of plantings, such as perennials and shrubs, around the footprint of the building. The plans show sidewalks that connect to City trails. Full park fees in lieu of parkland dedication shall be collected in full at the rate in force. The site is subject to a payment of $12,000 in park dedication fees (24 beds X $500 per bed). RECOMMENDATION Staff recommends approval of the Bluff Creek Cottages subject to the conditions of approval. Planning Commission Bluff Creek Cottages — Planning Case 2013 -8 July 16, 2013 Page 17 of 23 A. "Planning Case #2013 -08 to rezone 8.9 acres of property zoned A2, Agricultural Estate District, to R -8, Mixed Medium - Density Residential for Beehive Home Subdivision contingent upon site plan approval, as shown in plans dated received June 14, 2013, and adoption of the Findings of Fact." B. CONDITIONAL USE PERMIT "The conditional use permit for Planning Case 2013 -08 for Bluff Creek Cottages as shown in plans dated received June 14, 2013, and including the attached Findings of Fact and Recommendation, subject to the following conditions: The plans are amended to read "Assumed wetland boundary — area not delineated per 1987 Corps Manual." 2. The 894' contour is the assumed wetland boundary for purposes of determining buffer and setbacks. 3. Wetland buffer shall be shown to measure twenty (20) feet as is consistent with a Manage 2 wetland. The setback from this buffer shall then be thirty (30) feet. 4. That portion of the property containing the Bluff Creek Primary Zone and the tributary to Bluff Creek is dedicated to the city as per discussion with applicant and city staff. 5. The applicant must apply for and receive a NPDES construction permit prior to any earth - disturbing activity. 6. The applicant must prepare a SWPPP consistent with the NPDES construction permit requirements (Part III) and submit this SWPPP to the city for review and comment. 7. The construction of the bioretention area shall be phased such that it is not disturbed until after the rest of the site has been graded. The plans shall be amended to reflect this and perimeter control shall be installed that will prevent the operation of equipment and the stockpiling of materials in this area. 8. Sediment control Best Management Practices shall remain in place around the bioretention basin until the area tributary to the basin is stabilized. 9. Inlet protection shall be installed on the double catch basin on Pioneer Trail located downstream of the site prior to commencement of earth - disturbing activities. Inlet protection shall be installed on all catch basins and curb cuts interior to the site after installation until final stabilization is met. 10. All outfalls, including the curb cut, shall be stabilized within 24 hours of connection. Planning Commission Bluff Creek Cottages — Planning Case 2013 -8 July 16, 2013 Page 18 of 23 11. The rip rap for the curb cut shall extend, uninterrupted, to the normal water level of the proposed pond (905.0'). 12. The geotextile fabric shall have a permittivity value of 0.5 or higher. 13. The model shall be amended to show that the peak discharge rate at the curb cut is no greater than 3.0 cfs during the 25 -year storm event. If this cannot be achieved, the applicant is strongly encouraged to use pipe to convey stormwater runoff. 14. An operations and maintenance manual shall be provided to the city for review and approval and shall cover the bioretention feature and the swale inlet into the pond. 15. The outfall for the stormwater detention pond shall be pulled away from the wetland such that there is adequate room to install all rip rap without any disturbance below the 894' contour. If practicable to do so, the outfall shall be pulled entirely outside of the wetland buffer area. 16. The bioretention feature shall be designed in a manner consistent with the Minnesota Stormwater Manual "design criteria for bioretention ". 17. A detailed plan for the bioretention feature, including phasing, soil amendments, underdrain (if necessary) and planting schedule shall be provided to the city for review and approval. 18. Percolation tests shall be performed in the bioretention area to determine infiltration rates. The model shall be amended based upon these findings and provided to the city. 19. The bioretention feature shall be designed such that it drains within 48 hours. 20. Pretreatment shall be provided prior to discharge to the bioretention feature. This shall be a grass swale consistent with the MN Stormwater Manual "Guidelines for filter strip pre- treatment sizing ", a forebay or a sump manhole at least three feet in depth. 21. The applicant must receive permission from Carver County for the proposed runoff condition into Pioneer Trail and provide a spread and run calculation to show that the proposed catch basin will capture the ten -year event or otherwise design the storm sewer to capture this event. 22. The applicant is responsible for all other permits and approvals." C. SITE PLAN APPROVAL "The site plan consisting of a 13,700 square -foot continuing care retirement facility, Planning Case 2013 -08 for Bluff Creek Cottages as shown in plans dated received June 13, 2013, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Planning Commission Bluff Creek Cottages — Planning Case 2013 -8 July 16, 2013 Page 19 of 23 Building Official Conditions: 1. The proposed structure is required to have an automatic fire extinguishing system. 2. All plans must be prepared and signed by design professionals licensed in the State of Minnesota. A geotechnical (soil evaluation) report is required. 3. Designs \plans for retaining wall(s) exceeding four feet in height must be prepared and signed by a structural engineer. 4. Detailed building code - related requirements have not been reviewed; this will take place when complete structural /architectural plans are submitted. 5. Structures and site must meet Minnesota Accessibility Code. 6. The owner and /or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Fire Marshal Conditions: 1. Add one hydrant at the intersection of Pioneer Trail and the entrance road. 2. In addition to 12 -inch address numbers on the building, address numbers will be required at driveway entrance. Contact Chanhassen Fire Marshal for requirements. 3. A PIV, Post indicator valve will be required. 4. Yellow painted curbing and "No Parking Fire Lane" signs are required. Contact Chanhassen Fire Marshal for details. 5. City Engineer shall verify that the purposed fire apparatus turnaround is sufficient. 6. A three -foot clear space must be maintained around fire hydrant(s). Planning Conditions: 1. All rooftop and ground equipment must be screened from views. 2. Approval of the site plan application is contingent upon approval of the rezoning and conditional use permit for Planning Case 2013 -08. 3. The monument sign may not exceed 24 square feet in area nor be higher than 5 feet. The sign shall be located 10 feet from the property line. Planning Commission Bluff Creek Cottages — Planning Case 2013 -8 July 16, 2013 Page 20 of 23 4. Sign illumination and design shall comply with ordinance. If illuminated, the letters shall be backlit and use individual dimension letters, at least one -half inch deep. The sign materials shall be compatible with the building. The applicant must apply for a sign permit. The trash enclosure for the building has not been shown on the plans. The structure must be screened from views and constructed of the same materials as the building. Recycling space and other solid waste collection space should be contained within the same enclosure as the trash. 6. Light levels for site lighting shall be no more than one -half foot candle at the project perimeter property line. This does not apply to street lighting. Light fixtures shall be downcast and the light shall be cut off at a 90- degree angle as required by the city code. All fixtures shall be shielded. Park and Trail Conditions: 1. Park fees in the amount of $12,000 shall be collected as part of the site plan permit. Engineering Conditions: 1. An agreement must be obtained from MnDOT and Carver County to allow the driveway to connect to Pioneer Trail (County Road 14) and to allow construction of private utilities in the right -of -way. 2. The applicant must apply for and receive a NPDES construction permit prior to any earth - disturbing activity. 3. The applicant must prepare a SWPPP consistent with the NPDES construction permit requirements (Part III) and submit this SWPPP to the city for review and comment. 4. The construction of the bioretention area shall be phased such that it is not disturbed until after the rest of the site has been graded. The plans shall be amended to reflect this and perimeter control shall be installed that will prevent the operation of equipment and the stockpiling of materials in this area. 5. Sediment control Best Management Practices shall remain in place around the bioretention basin until the area tributary to the basin is stabilized. 6. Inlet protection shall be installed on the double catch basin on Pioneer Trail located downstream of the site prior to commencement of earth - disturbing activities. Inlet protection shall be installed on all catch basins and curb cuts interior to the site after installation until final stabilization is met. 7. All outfalls, including the curb cut, shall be stabilized within 24 hours of connection. Planning Commission Bluff Creek Cottages — Planning Case 2013 -8 July 16, 2013 Page 21 of 23 8. The rip rap for the curb cut shall extend, uninterrupted, to the normal water level of the proposed pond (905.0'). 9. The geotextile fabric shall have a permittivity value of 0.5 or higher. 10. The plans must be signed by a registered engineer. 11. Ten -foot drainage and utility easements are required over all public utilities. 12. An existing topography plan sheet must be included in the plan set. 13. The grading plans must be amended so that no slopes exceed 3:1. 14. The developer's engineer must submit a soils report and boring log for this site indicating the soil conditions, permeability and slope. 15. The plans must show the elevations at the corners of the proposed building and where the building foundation is acting as a retaining wall. 16. The plans must identify any stockpile areas that will be used during construction. 17. The developer's engineer must call out the 6 -foot retaining wall around the "outdoor space" in the plans and include top and bottom of wall elevations. 18. The following materials are prohibited for retaining wall construction: smooth face, poured - in -place concrete (stamped or patterned concrete is allowed), masonry, railroad ties or timber. Walls taller than 6 feet shall not be constructed with boulder rock. 19. The developer's engineer must adjust grading at the face of the east retaining wall to create a swale so water will flow away from both the wall and the building. 20. The retaining walls shall be privately owned and maintained. 21. All retaining walls over six feet high and within 10 feet of a sidewalk or other public way must have a fence or other barrier. This condition includes the areas where the building foundation will act as a retaining wall. 22. Before vehicles enter Pioneer Trail, the driveway must provide a landing area that starts at least 50 feet back from the crosswalk and is at a 2% maximum grade. 23. The parking lot aisle must be 26 feet wide. 24. The turnaround must allow enough room for a fire truck to turn and exit the parking lot without going through the parking spaces.. Approved turnarounds include a 100 -foot hammerhead and a 70 -foot diameter cul -de -sac. 25. The plans are amended to read "Assumed wetland boundary — area not delineated per 1987 Corps Manual." Planning Commission Bluff Creek Cottages — Planning Case 2013 -8 July 16, 2013 Page 22 of 23 26. The 894' contour is the assumed wetland boundary for purposes of determining buffer and setbacks. 27. Wetland buffer shall be shown to measure twenty (20) feet as is consistent with a Manage 2 wetland. The setback from this buffer shall then be thirty (30) feet. 28. That portion of the property containing the Bluff Creek Primary Zone and the tributary to Bluff Creek is dedicated to the city as per discussion with applicant and city staff. 29. The model shall be amended to show that the peak discharge rate at the curb cut is no greater than 3.0 cfs during the 25 -year storm event. If this cannot be achieved, the applicant is strongly encouraged to use pipe to convey stormwater runoff. 30. An operations and maintenance manual shall be provided to the city for review and approval and shall cover the bioretention feature and the Swale inlet into the pond. 31. The outfall for the stormwater detention pond shall be pulled away from the wetland such that there is adequate room to install all rip rap without any disturbance below the 894' contour. If practicable to do so, the outfall shall be pulled entirely outside of the wetland buffer area. 32. The bioretention feature shall be designed in a manner consistent with the Minnesota Stormwater Manual "design criteria for bioretention ". 33. A detailed plan for the bioretention feature, including phasing, soil amendments, underdrain (if necessary) and planting schedule shall be provided to the city for review and approval. 34. Percolation tests shall be performed in the bioretention area to determine infiltration rates. The model shall be amended based upon these findings and provided to the city. 35. The bioretention feature shall be designed such that it drains within 48 hours. 36. Pretreatment shall be provided prior to discharge to the bioretention feature. This shall be a grass Swale consistent with the MN Stormwater Manual "Guidelines for filter strip pre- treatment sizing ", a forebay or a sump manhole at least three feet in depth. 37. The applicant must receive permission from Carver County for the proposed runoff condition into Pioneer Trail, and provide a spread and run calculation to show that the proposed catch basin will capture the ten -year event or otherwise design the storm sewer to capture this event. 38. The applicant is responsible for all other permits and approvals. 39. The developer's engineer must show the detailed lift station design and location in the plans. 40. The City of Chaska must approve the sanitary sewer plans. 41. The sanitary sewer and watermain shall be privately owned and maintained. Planning Commission Bluff Creek Cottages — Planning Case 2013 -8 July 16, 2013 Page 23 of 23 42. A plan sheet is required to show the watermain extension from the driveway to the connection to Chanhassen's watermain system. 43. The watermain that is parallel to Pioneer Trail must be 8 inches for fire flow conditions. 44. The developer's engineer shall model the watermain extension for fire flow demand to the development to ensure the watermain pipe size is adequate. 45. Fire hydrants are required every 400 feet, and gate valves are required every 800 feet. 46. This property has outstanding assessments from previous improvement projects that were deferred due to the property's Green Acres status. Altering the zoning for this property will cause the assessments to come due. 47. Water and sewer trunk and hook -up fees are to be collected with the development contract. 48. A permit is required for any work within the MnDOT or Carver County right -of -way. 49. A temporary construction easement will be required for the installation of utilities within road right -of -way. Miscellaneous Conditions: 1. The applicant shall work with staff on minor plan modifications. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced Copy of Plans dated "Received June 14, 2013 ". 4. Public Hearing Notice and Affidavit of Mailing. g: \plan\2013 planning cases @013 -08 bluff creek cottages\resubmittal 6- 14- 13\staffreportAoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Community Asset Development Group and John Klingelhutz to Rezone approximately 8.9 acres from Agricultural Estate (A -2) to Mixed Medium Density Residential District (R -8); Site Plan Review for a Continuing Care Retirement Facility (Bluff Creek Cottages); and a Conditional Use Permit to allow development within the Bluff Creek Overlay District. On July 16, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Community Asset Development Group and John Klingelhutz to rezone approximately 8.9 acres from Agricultural Estate (A -2) to Mixed Medium Density Residential District (R -8); Site Plan Review for a 13,700 square -foot Continuing Care Retirement Facility (Bluff Creek Cottages); and a Conditional Use Permit to allow development within the Bluff Creek Overlay District. The Planning Commission conducted a public hearing on the proposed rezoning preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District, A -2. 2. The property is guided in the Land Use Plan for Residential Medium Density. 3. The legal description of the property is as follows: That part of the Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Southeast Quarter of said Section 27, Township 116, Range 23 West of the Fifth Principle Meridian, described as follows: Commencing at the southeast corner of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 00 degrees 28 minutes 53 seconds West, along the east line of said Southwest Quarter of the Northeast Quarter, a distance of 528.00 feet; thence on a bearing of South 89 degrees 31 minutes 07 seconds West, a distance of 617.10 feet; thence on a bearing of South 00 degrees 28 minutes 53 seconds East, parallel with said cast line of the Southwest Quarter of the Northeast Quarter, a distance of 665.28 feet; thence on a bearing of South 80 degrees 28 minutes 53 seconds East, a distance of 626.58 feet (620.50 feet deeded), to the east line of said Northwest Quarter of the Southeast Quarter; thence on a bearing of North 00 degrees 28 minutes 16 seconds West, along the said east line of the Northwest Quarter of the Southeast Quarter, a distance of 246.08 feet to the point of beginning. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. Site Plan Review a) The proposed site plan is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b) The proposed development is consistent with the site plan review requirements of city code; c) The proposed site plan preserves the site in its natural state to the extent practicable by minimizing tree and soil removal, preserving as permanent open space the land within the Bluff Creek primary zone and designing the site in keeping with the general appearance of the area; d) The proposed site plan creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; e) The proposed site plan creates a functional and harmonious design for structures and site features, with special attention to the following: 1) An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; 2) The amount and location of open space and landscaping; 3) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. f) The proposed site plan protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 6. Conditional Use Permit: a. The proposed development will not be detrimental to or degrade the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed development will be consistent with the objectives of the city's comprehensive plan and this chapter. c. The proposed development will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed development will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed development will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f The proposed development will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed development will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The proposed development will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. The proposed development will be aesthetically compatible with the area. k. The proposed development will not depreciate surrounding property values. 1. The proposed development will meet standards prescribed for certain uses as provided in the Conditional Use article. The planning report #2013 -08 dated July 16, 2013, prepared by Sharmeen Al -Jaff et al is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Rezoning, Site Plan Review and the Conditional Use Permit. ADOPTED by the Chanhassen Planning Commission this 16a' day of July, 2013. 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Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: CHESTNUT GROUP, LLC 1560 Bluff Creek Drive Chanhassen NAN Contact: Phon Iohn atddkconstmction com Email: Planning Case No. 3 -O CITY OF CHANHASSEN RECEIVED PIAR '15 2013 CHANHASSEN PLANNING DEPT John Klingelhutz —_1560 Bluff Creek Drive Chanhassen MN Contact: Dhnnn• 1=�v tmar: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment ---- XXItional Use Permit (CUP) VAS Interim Use Permit ([UP) Non - conforming Use Permit Planned Unit Development` , xx $500 _ Rezoning 5b _ Sign Permits _ Sign Plan Review �'WRlan Review (SPR)* Subdivision* i 4o k 1 &4CG Son t to 1.4'r � Temporary Sales Permit Vacation of Right -of -Way /Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign - 200 xx (City to install and re e) X Escrow F " Fees/Attorney Cost* too .$5 UP P ACNARNVAP/Metes nds - $450 Ivor B PA I Z l5 CIC l l"!4 TOTAL FEE $ $1,815 1.%L owe ISO An additional fee of $3.00 per address within 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 %" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tit) format. **Escrow will be required for other applications through the development contract. ee 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, PROJECT NAME: BLUFF CREEK SENIOR HOUSING LOCATION: NORTHWEST CORNER OF PIONEER TRAIL AND BLUFF CREEK DRIVE LEGAL DESCRIPTION AND PID: SEE ATTACHED 25- 0270400 TOTAL ACREAGE: WETLANDS PRESENT: YES XX NO PRESENT ZONING: AS AGRICULTURAL ESTATE IAol REQUESTED ZONING: RESIDENTIAL Mil PRESENT LAND USE DESIGNATION: RESIDENTIAL REQUESTED LAND USE DESIGNATION: RESIDENTIAL REASON FOR REQUEST: WE ARE PROPn.Swr Tn r nN THAT WILL BE FOCUSED ON INDIVUDUAISTHAT NEED MEMORY CARE. THE BUILDING WILL CONSIST OF 24 SFDROOMS FOR SITE PLAN EMPREVIES : Include number 4 ANY G VEN TIMEes: and now employees: This application must be completed in full and be typewritten or dearly 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 autt>wization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. COMMUNITYASSET DEVELOPMENT GROUP 1403 Valley View Rd Chaska, Mn 55318 952- 448 -4444 3/10/2013 Kate Aanenson, Community Development Director City of Chanhassen 7700 Market Blvd Chanhassen MN 55317 Dear Ms. Aanenson, We represent the Chestnut Group that is proposing to construct a 24 unit senior memory care on the 8.2 acre parcel it owns off of Pioneer Trail. Because of wetland and bluffs the developable portion of the parcel is approximately 3.5 acres resulting in a density of 6.8 units per developable acre. The property is currently zoned residential and we are seeking a rezoning, conditional use permit and site plan approval to develop this facility. Enclosed are: 1. Location map 2. Site plan 3. Grading and utility plan 4. Landscape Plan 5. Hydraulic Report 6. Building floor plan 7. Building elevation 8. Set of building images Servicing this site with sanitary sewer is a challenge since the closest Chanhassen sanitary sewer is located to the north and would require the construction of a force main through the wooded ravine. Consequently, based on discussions with the City staff we have contacted the City of Chaska to explore the feasibility of connection to the City of Chaska utility system to the west. Based on those discussions, we believe that executing an agreement for service through Chaska is feasibly and we would pursue this option as a condition of site plan approval. After you have had a chance to review, please contact me at your convenience to review in greater detail. Thank you for your cooperation and we truly look forward to working with you on this exciting project. Call me with any questions at 952 - 448 -4444 Sincerely 1�I David Pokorney Community Asset Development Group 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 July 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 Bluff Creek Cottages — Planning Case 2013 -08 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 day of 2013. otary blic "�.� °_ KIM T. 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