Planning Commission Staff Report Y 0 PC DATE: May 16, 2017
June 6, 2017
June 20, 2017
•
•
CC DATE: July 10, 2017
CITY OF CHANHASSEN
q N H ASS REVIEW DEADLINE: July 7, 2017
CASE #2017-10
BY: KA
PROPOSED ACTION:
1. "The Chanhassen Planning Commission recommends that City Council approve the
Rezoning of 115.519 acres, from Agricultural Estate District, A2, PUD Regional Commercial
including"Exhibit A Avienda Design Standards"
2. "The Chanhassen Planning Commission recommends that City Council approve the
Subdivision Preliminary Plat creating 17 lots, 3 outlots and dedication of public right-of-way,
as shown in plans prepared by Landform dated, April 14, and June 12, 2017, subject to
conditions in the staff report:
3. "The Chanhassen Planning Commission recommends that City Council approve the
Conditional Use Permit to encroach into the primary zone and required buffer for the
construction of Bluff Creek Boulevard; subject to conditions in the staff report:
4. "The Chanhassen Planning Commission recommends that City Council deny the Variance
to encroach into the primary zone and required buffer for the construction of the development.
5 "The Chanhassen Planning Commission recommends that City Council approve the Wetland
Alteration Permit to 4.4659 acres of permanent wetland impacts subject to conditions: in the
staff report.
And,
The Planning Commission also adopts the attached findings of fact and recommendations.
PROPOSAL: Preliminary Plat,Regional Mixed-Use Planned Unit Development(PUD),Wetland
Alteration Permit and Conditional Use Permit and Variances located of 6 parcels on approximately
118 acres of land for the establishment of a mixed use development.
LOCATION: Southwest corner of Powers Boulevard and Lyman Boulevard
APPLICANT: Landform Professional Services LLC Level 7 Development
105 South Fifth Ave Suite 513 4600 Kings Point Rd
Minneapolis, MN 55330 Minnetrista, MN 55330
PRESENT ZONING: A-2 Agricultural Estate
2030 LAND USE PLAN: Office or Regional Commercial,
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Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
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ACREAGE: Approximately 115 acres
DENSITY: Assumes 80% of site commercial with a F.A.R. of 0.3 and 30%of site residential
with a density of 16 units per acre.
LEVEL OF CITY DISCRETION IN DECISION MAKING:
The city has a relatively high level of discretion in approving PUDs because the city is acting in
its legislative or policy making capacity. A PUD must be consistent with the city's
Comprehensive Plan.
The city's discretion in approving or denying a preliminary plat is limited to whether or not the
proposed plat meets the standards outlined in the Subdivision Regulations and Zoning
Ordinance. If it meets these standards, the city must approve the preliminary plat. This is a quasi-
judicial decision.
The city's discretion in approving or denying a Conditional Use Permit 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 Conditional Use Permit. This is a quasi-judicial decision.
The city's discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high
level of discretion with a variance because the applicant is seeking a deviation from established
standards. This is a quasi-judicial decision.
The city's discretion in approving or denying a Wetland Alteration Permit is limited to whether or
not the proposed project meets the standards in the Zoning Ordinance for a WAP. These standards,
the city must then approve the WAP. This is a quasi-judicial decision.
SUMMARY OF REQUEST:
The developer is requesting the following:
• Preliminary Plat for Subdivision into 17 lots, 3 out lots and dedication of public right-of-
way;
• Rezoning to PUD
• Conditional Use Permit and Variances for development in the Bluff Creek Corridor;
• Wetland Alteration Permit to fill 4.4659 acres of wetland
The applicant is requesting a Preliminary Plat and rezoning to Planned Unit Development (PUD)
for a mixed use development. The site is currently zoned Agricultural Estate (A-2). With the
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Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
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2030 Comprehensive Plan, the city considered two land use options for the subject properties:
Office or Regional Commercial. The dual guiding allows the City Council to review the
application for Regional Commercial to ensure it furthers the city's vision as stated in the
Comprehensive Plan and Zoning Ordinance.
The 1.66-acre parcel located east of Powers Boulevard is zoned Agricultural Estate and is guided
Medium Density Residential. The applicant has not proposed development plans for this parcel
at this time. A Comprehensive Plan Amendment is necessary for any action to change the land
use as it is anticipated that it will be used as a permanent Drainage and Utility Easement.
The use of the PUD zoning also allows for greater specificity in the types, location and sizes of uses.
The city has the expectation that the development plan will result in a significantly higher quality
and more sensitive proposal than would be the case with the other,more standard zoning districts.
It is the applicant's responsibility to demonstrate that the city's expectations are to be realized as
evaluated by the city's goals and policies.
At this time there are no site plans being approved. This application sets the framework,the plat
(subdivision lots) and the PUD (uses and development guidelines). Any proposed developments
will have to come back through the city process for approval.
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Planning Commission
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Parcel and Site Information
Parcel ID Taxpayer Acreage Land Use Current Zoning
250230500 Level Development Inc. 22.89 Office or Commercial A-2 Agricultural Estate
1.66 Medium Density A-2 Agricultural Estate
250230300 Level 7 Development Inc. 54.07 Office or Commercial A-2 Agricultural Estate
250230410 Level 7 Development Inc. 20 Office or Commercial A-2 Agricultural Estate
250230430 Level 7 Development Inc. 16 Office or Commercial A-2 Agricultural Estate
250230420 Level 7 Development Inc. 4 Office or Commercial A-2 Agricultural Estate
Total 118.62
BACKGROUND
• November 1, 2016 the Planning Commission recommended conceptual approval of the
PUD.
• November 28, 2016 the City Council gave conceptual approval of the PUD.
• February 27, 2017 during its Work Session the City Council reviewed the significant
issues of the Alternative Urban Areawide Review (AUAR).
• February 28, 2017 an Open House was held.
• March 7, 2017 The Planning Commission held a public meeting on to review the
proposed update to the AUAR document. The Planning Commission forwarded their
comments to the City Council.
• March 13, 2017 the City Council authorized publication in the Environmental Quality
Board (EQB) Monitor for April 3 and closing the AUAR comment period on April 17.
• May 8, 2017 the City Council Adopted a final Resolution for the updated AUAR and
Mitigation Plan.
• The Planning Commission held pubic hearings on May 6, 2017 and June 6 & 20, 2017.
The following are the AUAR mitigation stratagies that were apporved by the City Council on
May 8, 2017:
Mitigation Plan.
The final AUAR document must include an explicit mitigation plan. At the RGU's option,
a draft plan may be included in the draft AUAR document. Of course, whether or not
there is a separate item for a draft mitigation plan,proposed mitigation must be
addressed through the document.
It must be understood that the mitigation plan in the,final document takes on the nature of
a commitment by the RGU to prevent potentially significant impacts from occurring from
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specific projects. It is more than just a list of ways to reduce impacts—it must include
information about how the mitigation will be applied and assurance that it will.
Otherwise, the AUAR may not be adequate and/or specific projects may lose their
exemption from the individual review.
The RGU's final action on the AUAR must specifically adopt the mitigation plan;
therefore, the plan has a "political"as well as a technical dimension.
This Mitigation Plan identifies initiatives that address potential impacts resulting from
future development within the AUAR Project area. This mitigation plan specifies the
controls,procedures, and other steps that may be implemented to protect or minimize
potential negative impacts. In order to mitigate the potential environmental impacts
identified in the Chanhassen AUAR, The City of Chanhassen will commit to implementing
the mitigation initiatives identified in this plan.
Intent of Mitigation Plan
New development generates impacts on the environment and on existing development. These
impacts result from construction activities associated with new development (i.e. erosion, dust,
noise) as well as post construction associated with the activities and design of the development
(i.e. traffic,runoff,pollution, infrastructure demand). This plan identifies existing tools and
policies that the City of Chanhassen has in place to address the types of impacts that may result
through development of the Chanhassen AUAR project area. The plan also identifies additional
initiatives that will need to be implemented to mitigate potential environmental impacts resulting
from projected development of the project area.
The following are multiple ways in which Mitigation Initiatives may be implemented:
• Enforcing existing zoning and subdivision ordinances and other development
regulations at the time of development concept submittals,preliminary and final
platting, and during construction monitoring activities;
• Referencing and implementing policy directions during the review and approvals of
development projects;
• Facilitating additional study as regional transportation planning initiatives become
more finalized or as other regional developments alter travel patterns/behaviors.
• Planning and building public infrastructure(local roads,parks, trunk sewer systems
and water systems) in conjunction with private development initiatives;
• Maintaining and updating of existing plans and studies for the community;
• Requiring additional field work/investigations as part of pre development planning
where potential environmental or cultural resources may exist but have not been
verified;
• Chanhassen 2005 Alternative Urban Areawide Review 2016 Update; and
• General Mitigation Initiatives.
This section identifies a series of mitigation initiatives that are general in nature and apply to all
public and private development within the AUAR:
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1. All permits identified in the AUAR (See question#8) as well as other necessary permits
that may be required will be secured by the city, or private parties as appropriate, for all
development activities within the project area.
2. The city will follow its own regulations, ordinances,plans, and policies currently in place
in the review and approval of all development activities within the project area. These
items include The 2030 Comprehensive Land Use Plan, the official zoning and
subdivision ordinances and the Bluff Creek Overlay ordinance. In addition,the Bluff
Creek Watershed Natural Resource Management Plan, the Surface Water Management
Plan, the Comprehensive Water Supply Plan, and the Comprehensive Sanitary Sewer
System Plan will be used as technical resources in reviewing development activities and
developing associated public infrastructure.
3. The city will extend public sewer and water services in a manner consistent with existing
plans and policies for delivering trunk sanitary sewer service and water main systems.
Abandonment and closure of individual well and septic systems will follow existing local
and state regulations.
4. The city will work with MnDOT and Carver County to periodically monitor traffic as
generated from development within the project area as well as regional development
initiatives that will affect the project area. Performing traffic counts and monitoring
traffic movements will help in facilitating future local roadway improvements.
5. The city will provide for adequate regional and local stormwater ponds and trunk
facilities to protect water resources and water quality as guided by the Surface Water
Management Plan and the Bluff Creek Watershed Natural Resource Management Plan.
6. The city will to monitor development within the AUAR Project Area and its conformance
with the development scenarios assumed in the AUAR.
7. The city will enforce its parkland dedication practices consistent with the goals and
policies outlined in the 2030 Comprehensive Plan and the Bluff Creek Watershed Natural
Resource Management Plan and the requirements of the subdivision ordinance.
8. The city will follow existing zoning regulations including Floodplain Overlay(Article
V),Wetland Protection(Article VI), Shoreland Management(Article VII), Bluff
Protection(Article XXVIII) and Bluff Creek Overlay(Article XXXI) to protect natural
and environmental resources from potential impacts resulting from the Development
Scenario. The city will reference policies and strategies outlined in the 2030
Comprehensive Plan, Surface Water Management Plan and the Bluff Creek Watershed
Natural Resource Management Plan as technical resources during the review of specific
development projects.
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Developers Plan Revised Plan date 7-13-2016
The applicant is proposing a mixed used development. The following is from the applicant's
Development Plan.
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Legend Development Data ..
Net Pao;-c
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Stat Cour 0 9 55 9.55 98,000 491 5.0
i Rit>tk Right Of Way 0 2.3;3 2.33 39,000 136 150 0.9
O 5.34 5.34 249,000 177 150 1.2
n Poring ;; i 9.34 7.67 76,000 Na 38
❑ 0 Peeseevatim 0 5.32 4.91 50,000 273 5.5
O 1.64 1.64 16,000 35 22
fl Wetland and Mee 0 4.02 4.02 50,000 305 6.1
• RegionalCcmmnsial 0 4.39 4.39 50,000 315 6.3
O 1.46 1.37 8,000 90 11.3
t_l O'a O 1.51 1.33 8,000 84 10.5
ip Hie.Density Residentel 0 2.24 2.07 8,000 119 14.9
O 1.27 1.27 6000 75 12.5
(..__ Metum Demi/Residential CO 19.78 19.78 151,000 807 5.3
O 6.83 6.83 68,000 342 5.0
Notes 0 2.38 2.38 97,000 136 75 1.8
6.03 6.03 278,200 375 250 1.5
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The city's 2030 Comprehensive Plan gives the following guidance for the development of this
property.
VISION
The land use change to either Office or Regional Commercial District as a part of the 2030
Comprehensive Plan was based on the city's vision for a lifestyle center. The Comprehensive
Plan states:
2.7.4 Regional/Lifestyle Center Commercial
"Definition/Vision: A mixed commercial district with retail and entertainment uses of a
scale and function that serves a regional market. The physical environment emphasizes
an attractive, comfortable walking experience for shoppers and visitors and is designed to
serve trail users and mass transit as well as automobile traffic. Centers of this type have at
least two major retail anchors and are characterized by the diversity and mix of retail and
service uses within their boundaries. Uses within this district should complement existing
retail users in the other commercial districts. Development of these centers shall be
planned as a group of organized uses and structures to accommodate a sensitive transition
between commercial activities such as loading,parking of automobiles, lighting and trash
collection, and surrounding residential uses. Such centers shall be designed with one
theme,with similar architectural style, similar exterior building materials, and a
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coordinated landscaping theme. Vehicle and pedestrian access is coordinated and
logically linked to provide a comprehensive circulation system.
Goods and Services Examples
• Entertainment
• Department Store
• Comparison Shopping
• Specialty Retail/Boutique
• Restaurants
• Hotels
• Residential
A new zoning district Regional Commercial (RC)will be created in the City Code to
implement this land use. The city has given a dual land use of the 118 acres at the
southeast corner of Powers and Lyman Boulevards to accommodate this use."
ANALYSIS OF APPLICATION FOR PUD REGIONAL COMMERCIAL
In 2009, the city created the Regional Commercial (RC) zoning district to differentiate from the
Central Business District (CDB). The CBD district is intended to meet the "daily needs"
whereas the RC district is intended to be a regional draw with comparison shopping. The RC
district was placed in the PUD District in order to be prescriptive in the uses permitted.
The RC Zoning District is found in the PUD District.
Sec. 20-509. - Standards and guidelines for regionaUlifestyle center commercial planned
unit developments.
(a) Intent.
(1) The use of planned unit developments for regional/lifestyle center commercial
purposes should result in a reasonable and verifiable exchange between the city and the
developer. This district is intended to provide for the development of regional and
community scale integrated retail, office,business services,personal services and
services to the traveling public near freeway interchanges. It shall strive to create a
self-sustaining pattern of land uses with cultural, employment, entertainment, housing,
shopping and social components.
(2) The regional/lifestyle center commercial district is a mixed commercial district with
retail and entertainment uses of a scale and function that serves a regional market. The
physical environment emphasizes an attractive, comfortable walking experience for
shoppers and visitors. It shall be designed to serve pedestrian and mass transit users as
well as automobile traffic. Centers of this type, generally,have at least two major retail
anchors and are characterized by the diversity of mixed retail and service uses. Uses
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within this district should complement existing retail users in the other commercial
districts.
(3) Development of these centers shall be planned as a group of organized uses and
structures to accommodate a sensitive transition between commercial activities such as
loading,parking of automobiles, lighting and trash collection and surrounding
residential uses. Such centers shall be designed with one theme, with similar
architectural style, similar exterior building materials, and a coordinated landscaping
theme,but shall avoid monotony in design and visual appearance. Vehicle and
pedestrian access is coordinated and logically linked to provide a comprehensive
circulation system.
Applicable Regulations
Article VIII. - Planned Unit Development District
Division 2. - Procedures
Sec. 20-518. - Development stage.
(a) The applicant shall submit the development stage application,preliminary plat and
fee. The applicant shall file the development plans and preliminary plat, together with all
supporting data.
(b)With the appropriate notifications, the planning commission shall conduct the hearing
on the preliminary plat and the rezoning and report its findings and make
recommendations to the city council for action.
(c)The development stage shall include,but not be limited to:
(1)A preliminary plat and information required by chapter 18.
RETAIL MARKET STUDY
In June 2014,the McComb Group,Ltd. completed a Trade Area Demographic, Characteristic and
Sales Potential for the Chan-212 area. The executive summary comments include, "Chan-212 trade
area's many economic attributes,population, and upper income households provide support for
retail stores,restaurants and key services."
This study was updated by McComb Group,Ltd in March of 2017 the Study is called"Retail
Trends and Shopping Centers". The study provides a summary of shopping center tenant trends.
In the applicant's narrative about the Market Study, it states:
"Our submittal includes a Retail Trends and Shopping Centers report prepared by McComb
Group, Ltd, a consultant that the city has used in the past. The report is an update to the 2014
report they prepared for the development and reinforces the need for Avienda lifestyle center at
this location. The report notes that we are in the midst of a retail evolution driven by economic
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trends, generation shifts in population, changing lifestyles, and spending patterns. This study
addresses the changing retail marketplace and the characteristics of a contemporary Lifestyle
Center, which a lifestyle experience,rather than a simple shopping experience.
No lifestyle center can be successful without activity generators. These are businesses that draw
customers to the site(sometimes called anchors). In today's changing retail market, those draws
may be individual users, but are just as likely to be the experience itself. A collection of quality
businesses in an interesting and accessible environment acts as an activity generator. Avienda
Village will meet the Zoning Ordinance stated goals for this center to provide"regional and
community scale integrated retail, office,business services,personal services and services to the
traveling public near freeway interchanges."
The study continues to support the 2014 findings that our project will help the City of
Chanhassen capture dollars that are currently leaving the city and provide services and amenities
needed to support the existing and new residential development in this area. Our Avienda
Lifestyle Center will serve an unmet need in the community, will serve regional demand, and
will complement existing Chanhassen businesses."
The following is a summary of some of the findings of the study:
Chapter II SHOPPING CENTER TENANT TRENDS
"Changes in retail and service tenants in downtown Chanhassen and competitive shopping
areas contained in our previous report in 2014 were identified by visual inspection. These
shopping areas included Eden Prairie Center, Southdale Center, and Ridgedale Center and
surround retail areas. The purpose of this analysis was to identify trends in tenant mix by
identifying stores that have opened and those that have closed. Due to the methodology, some
stores may have been omitted inadvertently. This analysis focuses on businesses that typically
locate in regional shopping areas."
Summary
"The lists of opening and departing tenants at the three shopping centers and their associated
retail areas are informative. The three regional malls have been maintaining occupancy as
tenants leave and new stores replace them. In the shopping goods and food service categories,
the new tenants are successful businesses with growing store count, while the departing stores
are those with shrinking store count and declining comparable store sales. In the services
categories, there is an increase in personal care stores—hair, nail, massage, and other related
services. The number and types of exercise and wellness businesses is also expanding. The
same trends are evident in the surrounding retail areas of these centers. The challenge for
shopping centers is to be able to weed out the declining retailers in an orderly fashion to
accommodate new tenants that cater to the emerging customer lifestyles in their trade areas."
The study also compares different lifestyle centers in the Metro Area.
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Chapter III Lifestyle Centers
"Lifestyle shopping centers evolved as regional mall development slowed in the 1990s and
early 2000s. Retail store chains continued to expand and were seeking new store locations.
During this period, a new type of store,known as a category killer, evolved focused on specific
shopping goods merchandise categories. These stores represented a range of sizes from 10,000
to 50,000 square feet. The physical size of these stores were difficult to accommodate in
regional malls and they paid less rent than the smaller specialty stores that they would replace.
These stores became tenants in power centers and lifestyle centers. The metro area currently
has six lifestyle centers. The tenant mix of these centers are contained in Table 8. The
characteristics of each of these centers are discussed in this section. The tenant mix list for
each center is contained in the appendix."
Summary of Metro Area Lifestyle Centers Retail Tenant Mixes
Shoppes at Woodbury The Shops at Central Pauli City
Merchandise Category Galleria Arbor Lakes Lakes West End Commons I Place
Life style center(sq) 417.000 391,853 318,853 348,541 434,000 170,000
Convience Goods
Foods Stores 2 1 1 1 1
Specialty Food Stroes 1
Other Convience Goods 1 1 1
Subtotal 0 2 3 2 2 1
_Food Service
Full Service 6 7 3 8 2
Limited Service 2 2 5 6
Snack and Beverage Places 1 1 2
Subtotal 7 10 3 10 7 8
Shopping Goods
General Merchandise 1 2
Apparel and Accessories 21 26 31 10 1 1
1 Shoes 4 1 1
I Home Furnsihings 10 6 5 1
Home Appliance Music 2 1 1 1
Other Shopping Goods 10 9 4 3 4 3
Subtotal 45 44 42 14 I1
Other Stores
Home Improvement 1
Total Retail 52 56 48 r _
Services
Personal Care 1 3 3 2 1 1
Personal Services 3 1 2 _
Retail Leasing 1
Re-creationIntertainment 1 3 1 1
Other Services 1 1 1
1 Financial 1 1 1 1
Medical _ 1_
Total Services S r S d
Grand Total 55 64 54 34 28 23
I Source:McComb Group Ltd
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The study makes the following summary:
Galleria
The Galleria began as a small specialty center anchored by Gabberts Furniture. Over the years
it expanded several times to 417,000 square feet of enclosed mall space. An expansion of
20,000 square feet is underway. The center is anchored by Gabberts and Crate&Barrel. Other
significant tenants include Tiffany & Co., Restoration Hardware, Pottery Barn, and Williams
Sonoma. Galleria has been implementing a remerchandising plan in connection with the
expansion and has added 23 new tenants including several designer stores. Eighty percent of
the Galleria tenants are shopping goods stores complemented by seven food service
establishments.
Shoppes at Arbor Lakes
The Shoppes at Arbor Lakes, an open air shopping center with 391,151 square feet, is located
in the largest shopping area in the northwest metropolitan area. It is flanked by two power
centers: Arbor Lakes Shopping Center and the Fountains at Arbor Lakes. Anchor stores
include Whole Foods, Cost Plus World Market, Trader Joe's, Pottery Barn, Forever 21, and
H&M, which is scheduled to open this year. Shopping goods stores represent 69 percent of the
tenants, which are complemented by 10 restaurants. Personal care and personal services are
represented by six establishments.
Woodbury Lakes
Woodbury Lakes is an open air shopping center located in the east metropolitan area's largest
retail concentration in Woodbury. With 318,853 square feet, Woodbury Lakes has 54 tenants,
including 42 shopping goods tenants representing 78 percent of the tenants. Anchor tenants
include Trader Joe's, H&M, Loft, Gap, Michael's, Ethan Allen, BuyBuy Baby, DSW, and
Thomasville. Woodbury Lakes has three each of full-service restaurants and personal care.
The Shops at West End
The Shops at West End is an open air shopping center with 348,541 square feet, located at
Highway 100 and 1-394 in St. Louis Park. The center is anchored by Cub Foods, Showplace
ICON Theater, and Punch Bowl Social. Other significant tenants include: Anthropologic,
Cooper, and Yardhouse. Shopping goods is represented by 14 tenants, representing 40 percent
of the stores. Ten restaurants represent about one-third of the tenants. The Shops at West End
has an entertainment focus with its cinema, Punch Bowl Social, and restaurants.
Central Park Commons
Central Park Commons is a 434,000 square foot open air shopping center located in Eagan.
The center opened in October 2016, and is in the final stages of leasing. Anchor tenants
include Hy- Vee, Total Wine & More, Marshalls, DSW, Petco, Home Goods, Sierra Trading
Post, Ulta Beauty, and Hobby Lobby. Seven of the 11 shopping goods stores are anchor
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tenants. Food service is represented by two full-service restaurants and five limited-service
restaurants, all recent entries to the Twin Cities market. Services include one personal care
establishment and two personal services. At this time, Central Park Commons has six vacant
stores or pad sites totaling about 31,000 square feet.
City Place is a mixed use development on the former State Farm Insurance office building site.
The retail component is an open air shopping center with 170,000 square feet and is part of a
mixed use development located between Tamarack Village and Woodbury Lakes shopping
centers in Woodbury. City Place has 17 retail store and six services. Anchor stores include
Whole Foods, Nordstrom Rack, La-Z-Boy, and Sierra Trading Post. Eight shopping goods
stores represent about one-third of the tenants, complemented by eight food service
establishments. City Place is completing its initial lease up and has about 50,000 square feet of
available space in three small stores and a larger box store. Other uses include office, medical
office, and hotel.
Summary
"The lifestyle centers range in size from 170,000 square feet to 434,000 square feet. Excluding
City Place, the range is much smaller-318,853 square feet to 434,000 square feet. All of the
shopping centers, except Galleria,have a grocery store component and Shoppes at Arbor Lakes
has two. All shopping centers, except Woodbury Lakes, have seven or more food service
establishments. Three shopping centers have more than 40 shopping goods stores. The Shops
at West End has a higher entertainment focus; and Central Park Commons and City Place have
a higher concentration of mid box anchor stores. None of the lifestyle shopping centers are
anchored by a department store. Instead, they are anchored by mid box retailers that have a
narrower merchandise focus and more flexible method of operation."
Developers District Master Plan
OFFICE DISTRICT
LOW DENSITY
HOUSING
DISTRICT
VILLAGE RETAIL
DISTRICT
MULTI-FAMILY
HOUSING DISTRICT RETAIL&HOSPITALITY
DISTRICT
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The development Master Plan identifies five distinct sub districts within Avienda. Each
of these sub-districts (outlined on the plan) is defined by specific site development
patterns and perhaps a distinctive character or image.The sub-districts complement one
another as part of the overall plan.The sub districts are shown the Sub-district Map.They
include:
Sub-District 1 - Workplace—provides a location for uses with high concentrations
of employees,such as medical/technology related office, and other corporate or
institutional uses
Sub-District 2-The Village—provides the broadest variety,highest density and
greatest intensity of development,encouraging both vertical and horizontal
mixed use
Sub-District 3 - Commercial—provides a location for larger scale retail and other
auto-oriented commercial uses
Sub-District 4-Multi-Family—provides opportunities for high density senior or
rental apartments, and Condominiums
Sub-District 5 - Low Density Residential—provides opportunities for small lot
homes
Planning Department Comments
When the city was considering the land use change on the site in 2006-07,there was much
discussion about this area having uses different from the downtown. The downtown area is
intended to be the uses that meet the daily needs of residents, and the regional mall site was
envisioned to be those uses that would be more of a comparison shopping that would serve a
regional market including:
Goods and Services Examples
• Entertainment
• Department Store
• Comparison Shopping
• Specialty Retail/Boutique
• Restaurants
• Hotels
• Residential
The intent of this district:
• The use of planned unit developments for regional/lifestyle center commercial purposes
should result in a reasonable and verifiable exchange between the city and the developer.
This district is intended to provide for the development of regional and community scale
integrated retail, office,business services,personal services and services to the traveling
public near freeway interchanges.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 16 of 59
• The regional/lifestyle center commercial district is a mixed commercial district with
retail and entertainment uses of a scale and function that serves a regional market.
• Uses within this district should complement existing retail users in the other
commercial districts.
The challenge is creating the uses to compliment the downtown and meeting the city
goals for the intent of the district and the changes in the retail market.
The applicant had suggested the following uses for the districts. Staff's comments are shown
with either a strike through or in bold.
Permitted Uses
The permitted uses in Avienda Village are all uses that would be part of a vibrant lifestyle center
and as anticipated in the Comprehensive Plan. The following categories of uses were anticipated
in the Comprehensive Plan and the listed uses should be permitted to ensure the success of the
lifestyle center:
1. Entertainment:
a. Arcades and similar uses, accessory to permitted uses
b. Art Galleries
c. Bowling alleys
d. Dance, art,music, and similar professional studios
e. Movie theaters
2. Retail sales establishments:
a. Clothing and apparel stores, including shoes,jewelry, accessories, etc.
b. Drug stores and pharmacies.
c. Flower shops without green houses.
d. Furniture and home furnishings.
e. Home and furniture stores, including furniture store, home improvement center,
electronic store, appliance store, and similar establishments (only 1 use in this
category can be at a maximum of 50,000 square feet, other not to exceed 25,000)
f. Office supply stores selling items such as electronics, computers and software,
musical instruments and office supplies at retail.
g. General merchandise stores that carry an assortment of merchandise from all the
other categories. Such establishments may include but are not limited to
department store, discount store, and similar establishments. (Limited to 40,000
square feet for any single user)
h. Miscellaneous retail stores for items such as antiques, articles on consignment,
beauty supply, sporting goods and bicycles,books (except adult book stores),
stationery,jewelry, art,hobbies, crafts, toys, and games, cameras and
photographic supplies, gifts,novelties, and souvenirs,pets and pet supplies,
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 17 of 59
luggage and leather goods, sewing,needlework, catalog and mail-order, and news
dealers.
i. Supermarkets and other food and grocery stores such as butcher shops and fish
markets, fruit and vegetable markets, dairy products stores, candy,nut, and
confectionery stores and retail bakeries. (limited to only 1 Supermarket not to
exceed 98,000 square feet)
j. Cigar stores as a principle use. Tobacco products and accessories only when
accessory to a principal use.
k. Stores selling interior decorating supplies, such as paint, light fixtures and decor.
(Limited to 18,000 square feet for any single user)
3. Hospitality and food service establishments including:
a. Bars and Taverns
i. Cafes, delicatessens, food catering establishments.
ii. Coffee shops and cafes.
iii. Patio/al fresco dining facilities. Accessory to a principal use.
iv. Restaurants.
4. Hotels (only 1 permitted in the development in the retail hospitality district)
S. Services
i. Barber and beauty salons and spas including hair, nail, tanning, skin and
scalp services.
ii. Computer services
iii. Day care center, childcare centers,preschools and Montessori school
(Only one permitted in the development 16,000 square feet)
iv. Dry cleaning, Laundry and garment services
v. Farmers markets.
vi. Finance, insurance and real estate.
vii. Financial institutions.
viii. Health and recreation clubs, instructions and services.
ix. Health services.
x. Legal services.
xi. Offices of doctors, dentists, optometrists, lawyers, accountants,realtors,
accountants, attorneys, architects, engineers,business or financial
consultants or other professionals, and corporate, executive,
administrative, or sales offices including incidental sales of medical or
dental aids.
xii. Optical goods.
xiii. Photographic studios.
xiv. Print and Copy shops.
xv. Shoe repair shops and shoeshine parlors.
xvi. Tattoo and body art and piercing services (MS ch. 146B), when accessory
to a permitted use.
xvii. Travel agency.
Planning Commission
Preliminary Plat and Planned Unit Development Planning Case 2017-10
June 20, 2017
Page 18 of 59
6. Housing
Residential development in a regional/lifestyle center commercial PUD may only occur
in conjunction with a commercial or office development and may not encompass more
than 20 percent of the proposed development. The residential component of a
development may be constructed concurrent or after construction of the commercial or
office component,but may not proceed such commercial or office development. The
phasing of the residential component shall be reviewed and approved as part of the
development plan.
(PUD allow up to 30%residential this would allow 550 d/u at 16 units/acre)
a. Multiple-family dwellings.
b. Senior citizen housing independent living.
c. Senior citizen housing, included assisted living, skilled nursing and memory care.
d. Single family homes. (Density of 3-6 units an acre on Lots 1 and 2 of Block 2 low
Density Housing District)
e. Townhomes, including detached townhomes and twin homes.
7. Other uses:
a. Retail businesses or service establishments that generally provide commodities or
services and that are judged by the Planning Director(1) to be similar in character
and operation to the permitted uses described above; (2) to be closely complementary
and to enhance the permitted uses; and (3) to be compatible with the intent and
purposes of the Avienda Village Regional Lifestyle Center PUD.
b. Drive-through accessory to a permitted use. (A maximum of four shall be permitted
in Avienda. Two drive through associated with the supermarket and two other drive
through only in the hospitality district.)
8. Prohibited Uses
a. Auto related: including gas stations, tires repair etc.
b. Truck,motorcycle boats, etc. sales.
c. Club warehouse including wholesale.
See attached Exhibit A for PUD Design Standards
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 19 of 59
PRELIMINARY PLAT
Avienda encompasses 115.00 acres. It includes 17 buildable lots and 3 outlots. The area and
proposed uses are shown in the table below.
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PROJECT UNDERSTANDING
The applicant is proposing a regional lifestyle center that includes residential, commercial, hotel
and office uses on a 118 acre parcel of land. As part of the development, the applicant is
requesting that the zoning be changed to PUD. The land is currently in agricultural production,
zoned A-2.
Planning Commission
Preliminary Plat and Planned Unit Development-Planning Case 2017-10
June 20, 2017
Page 20 of 59
Density
Building Area FAR/Density dwelling
Lot,Block Area(sq. ft Acres Width(ft.) Depth(ft.;Sector Proposed Use (sq. ft.) (as proposed) units
1,1 55,198 1.27 275 195 3 Restaurant 6,000 0.11
2, 1 415,986 9.55 233 669 3 Retail 98,000 0.24
3,1 101,574 2.33 535 171 3 Hotel 39,000 0.38 150
4, 1 207,504 6.83 535 646 3 Retail 68,000 0.33
5,1 99,045 2.37 293 339 3 Multi-Family 87,000 0.88 75
6, 1 226,558 5.20 401 398 4 Multi-Family 140,000 0.62 150
1,2 115,073 2.64 311 362 5 Residential 0.76
1,3 229,496 5.27 312 582 5 Residential 0.00 38
2,3 231,703 5.32 253 760 1 Office 50,000 0.22
1,4 71,336 1.64 251 273 1 Daycare 16,000 0.22
2,4 175,146 4.02 453 372 1 Office 50,000 0.29
3,4 191,401 4.39 183 405 1 Office 50,000 0.26
4,4 63,578 1.46 173 366 2 Restaurant 8,000 0.13
5,4 65,633 1.51 170 386 2 Restaurant 8,000 0.12
6,4 97,950 2.25 166 434 2 Restaurant 8,000 0.08
1,5 861,805 19.78 295 1198 2 Retail&Restaurant 151,000 0.18
Retail&Residential
2,5 262,472 6.03 338 419 2&Pkg Ramp 16,000 0.06 250
ROW 503,911 11.57
Outlot A 745,656 17.12 bluff creek woods
Outlot B 72,271 1.66 drainage&utility easement
Outlot C 67,892 1.56 wetland
Totals 4,861,188 113.76 795,000
Maximum 4,861,188 113.76 1,166,685 364 533
For maximums assumed 80%of site commercial with a F.A.R.of 0.3 and 30%of site residential with a density of 16 units per acre
The assumptions for the PUD was for 20 percent housing. This would limit housing units to 370
units assuming based on 16 units an acre. The plan as proposed has 513 units. The PUD would
have to permit a higher percentage of residential units.
The intent of this district to have a mixed use development. If the percent of housing was
increased to 25 percent that would permit 460 dwelling units. If the percent was increased to 30
percent the number of dwelling units could be up to 552.
Staff could support increasing the percentage up to 30.
Changes from last plan:
• Hotel(3 stories @ 39, 000 sq. ft.) moved to Lot 3 Block 1
• 18,000 sq. ft. less for retail on Block 4 lot 1
• Reduced retail by 6,000 sq. ft. site now a hotel
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 21 of59
TRAFFIC STUDY
The northbound leg of the intersection at Powers Blvd. and Bluff Creek Blvd has two left turn
lanes to go westbound on Bluff Creek Blvd., however one of these legs is currently striped with
yellow lines. The developer will need to work with Carver County to remove the yellow lines so
both turn lanes can be used. The AUAR traffic study noted the use of both the left turn lanes.
The traffic study completed with the AUAR Update indicated that the following intersections
will meet signal warrants with the development: Lyman Blvd &Audubon Road N, Lyman Blvd
& Sunset Trail, and Powers Blvd &Pioneer Trail. The developer shall work with Carver County
on the installation of these signals. The developer shall fund the installation of these signals per
Carver County's cost share policy.
STREETS
The proposed street plan is consistent with the AUAR Update. Bluff Creek Boulevard connects
to the intersection with Powers Boulevard (CR 17) and the TH 212 ramp. The connection to
Sunset Trail is made to the north, and the connection to The Preserve at Bluff Creek
development is made by extending Mills Drive. These connections are tied together by the
proposed ring road, Avienda Parkway.
The applicant shall show the road profiles and a horizontal alignment table in the plan set for all
public roads prior to final plat. The plans for public streets shall be deigned to Municipal State
Aid Standards and approved by the Minnesota Department of Transportation.
The public roads constructed with this development are: Bluff Creek Boulevard,Avienda
Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed with this
development will be privately owned and maintained. All public streets are proposed to have a
speed limit of 30 mph.
As large, landscaped boulevards are proposed, the applicant shall add a note to the typical
sections to identify a corridor for installation of private utilities such as buried power,
communication, gas, etc.
Bluff Creek Boulevard:
The extension of Bluff Creek Boulevard is proposed to have a similar cross section to the
existing segment it connects to: one lane each direction with a treed median. The thru lane width
varies between 12- and 16 feet with turn lanes at intersections. Roundabouts will be constructed
at both intersections with Avienda Parkway to promote traffic calming while carrying the
anticipated volumes of traffic.
At the June 6,2017 Planning Commission meeting, the commission requested staff provide more
detail regarding the travel lane width for Bluff Creek Boulevard, including review of similar sites
within the city.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 22 of 59
As a 2-lane median separated road, Bluff Creek Boulevard is unique within Chanhassen. Staff
did not find a comparable site within the city. Notably, West 78th Street has a tree-lined median,
but it has a four-lane configuration for the majority of the median separated length.
Below is a summary of concerns related to fire safety and response times for our emergency
vehicles alongside the concerns about traffic calming and pedestrian safety:
Emergency Access Concerns: Traffic Calming Concerns:
• State Fire Code Requirement: an • 16-foot lane meets MnDOT State Aid
approved Aerial Apparatus Road requirements
(minimum of 26 foot width)be provided
when structures reach a vertical distance • "One research study has found that
of 30 feet or more. narrower lanes on urban and suburban
streets were generally associated with
• State law requires vehicles to pull to the lower crash frequencies compared to
right when an emergency vehicle is wider lanes."
behind them. When passenger vehicles
pull to the right on a 16-foot thru lane, • "Narrower cross sections reduce
emergency vehicles cannot get through. crossing distances and have been
associated with reduced travel speeds,
• Concern about reduced response times both direct factors in the safety of
due to vehicles becoming a roadblock. pedestrians."
• Concern about response times for the • "Bicycles and pedestrians are among the
existing neighborhoods where most vulnerable roadway users, and
connectivity is limited: The Preserve at vehicular speed and exposure are the two
Bluff Creek, Camden Ridge and Pioneer primary factors in non-motorized users'
Pass. crash frequency and severity."
The quotes are from Toole Design Group's memorandum on lane width dated June 13, 2017.
These concerns are not in competition with one another,rather they must all be considered to
create an effective design. The proposed 16-foot lane width satisfies the concerns about traffic
calming without addressing the concerns for emergency response. Staff is open to working with
the applicant's engineer if there is an option they wish to pursue that can provide additional
pavement width to better accommodate emergency vehicles,but visually narrow the lanes to
provide traffic calming(paint stripes,bike lane, extended concrete gutters, etc.).
The extension of Bluff Creek Boulevard will be a minor collector,per the 2030 Comprehensive
Plan. The city will also designate this portion of Bluff Creek Boulevard as a Municipal State Aid
(MSA) Road, as the current roadway is an MSA route.
The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers Boulevard
that includes two-lane entry into the roundabout. The plat and PUD will need to be revised to
change the single lane entrance of Bluff Creek Blvd from Powers Blvd (CSAH 17)to Avienda
Parkway to two lanes wide. This was noted with the AUAR comments and is a specific area of
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 23 of 59
concern, that the Bluff Creek Drive road extension from Powers Blvd be designed for 2-lanes
inbound through and around the proposed internal roundabout, such that adequate throughput is
achieved at the critical Powers Blvd/TH 212 intersection. This 2-lane condition is needed as
well to match the already built and committed intersection layout that stubbed in the future
entrance to Bluff Creek Blvd. This 2-lane inbound for Bluff Creek Blvd is also consistent with
the AUAR's notation for dual northbound left turns on Powers Blvd at TH 212.
Avienda Parkway:
Avienda Parkway is proposed to be a 36-foot wide roadway with a two-way left-turn lane. Staff
recommends the applicant look at adding traffic calming measures to Avienda Parkway at Lot 1,
Block 2 & 3 and Lots 4-6, Block 4. Specifically, the applicant shall look to incorporate
pedestrian-friendly crossing features to the intersections at Mills Drive and the western leg of
Avienda Parkway, and where private drives intersect the east leg of Avienda Parkway.
Mills Drive:
The applicant shall revise the width of Mills Drive to correspond with the existing Mills Drive
section in The Preserve at Bluff Creek. The applicant shall align the intersection of Mills Drive
and the access to the apartment building with the parking ramp to form an intersection rather
than offset as the current plan shows.
The extension of Mills Drive is required to provide a secondary access to The Preserve at Bluff
Creek development, which currently is an approximately 2000-foot long cul-de-sac that currently
has a temporary emergency access onto Lyman Boulevard. The developer of The Preserve at
Bluff Creek 6th Addition will remove the temporary emergency access onto Lyman Boulevard
once the Mills Drive connection is constructed.
Sunset Trail:
•
Sunset Trail is a 44-foot wide roadway that consists of two 15-foot turn lanes and a 14-foot thru
lane. This road is the northern access to the site off Lyman Boulevard. Sunset Trail will become
a private roadway from Avienda Parkway to Bluff Creek Boulevard as it winds through the
center of the development. When Lot 1, Block 5 and/or Lot 2, Block 5 apply for site plan
approval, this private road shall be constructed.
Emergency Access Road to Camden Ridge Development
Staff has reconsidered the constructing the emergency fire lane connection and is recommending
against building with in the Bluff Creek Overlay District. See ARTICLE XXXI. - BLUFF
CREEK OVERLAY DISTRICT for more detail.
STREET LIGHTING
The applicant has not submitted a street lighting plan at this time. The project shall include street
lighting per city code. Decorative street lights are permissible with a maintenance agreement.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 24 of 59
SIDEWALKS AND TRAILS
The applicant proposes 10-foot bituminous trail on both sides of Bluff Creek Boulevard, on the
outside of Avienda Parkway and the west side of Sunset Trail.
The applicant proposes 5-foot concrete sidewalk on Mills Drive and the inside of Avienda
Parkway.
ADA-compliant pedestrian ramps shall be constructed at all intersections and median refuges per
the MnDOT standard details.
RETAINING WALLS
Several retaining walls are proposed around perimeter locations of this development.
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Retaining Wall A runs between the parking lot of Lot 2, Block 3 and the west side of Sunset
Trail. This wall is approximately 310 feet long and 19.5 feet tall.
Retaining Wall B runs along the northern property line parallel to Lyman Boulevard between the
Powers intersection and the Sunset Trail intersection. This wall is approximately 980 feet long
and 15.3 feet tall.
Wall C wraps around a stormwater and northwest I ...'4-.)1/, �' 1. _ LOT
of the Avienda Parkway E/Bluff Creek Boulevard �, ,
intersection. This wall is approximately 150 feet l, Wall C' \�
long and 4 feet tall. Top and bottom wall elevations k o ��
shall be labeled on the plan set. = 1 /�
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20,2017
Page 25 of 59
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Wall D is at the southeastern edge of the property and wraps around Wetland 4. This wall is
approximately 1500 feet long and a maximum height of 21 feet tall. Wall D includes two tiers
with landscaping in between them. Landscaping between tiered walls shall be low or no
maintenance.
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Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 26 of 59
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The adjustments to the southwest portion of the development to reduce impact to the Bluff Creek
Overlay Zone include two proposed retaining walls: Wall E and Wall F.
Wall E sits between the Bluff Creek Overlay Zone and the service enriched senior housing
parking lot. Wall E is approximately 680 feet long and has a maximum height of 22 feet. Wall F
sits between the wetland and Wall E/the parking for the senior housing on Lot 5.
Wall F is approximately 450 feet long and has a maximum height of 15 feet. The applicant shall
revise their plan and relocate Wall F outside the buffer area of the adjacent wetland prior to
grading the site.
Staff recommends the applicant work with residents of The Preserve at Bluff Creek to remove
the retaining wall along the shared property line and replace with a graded berm.
A fence or other barrier is required at any location where a wall is greater than 6 feet tall and
within 10 feet of a public right of way. The wall along the southern portion of the site shall be
architectural compatible.
The following wall materials are prohibited: smooth face,poured in place concrete(stamped or
patterned is acceptable), masonry, railroad ties, or timber. Boulder walls are prohibited if the
maximum height is greater than 6 feet.
All retaining walls shall be owned and maintained by a property-owners association.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 27 of 59
SANITARY SEWER MAIN
The plans show two separate sanitary systems to service this development.
The twin homes proposed for Lot 1, Block 2 and Lot 1, Block 3 will be serviced from a stub
constructed near the northeast corner of the site as part of The Preserve at Bluff Creek
development. The twin homes shall tie-in to 8 inch PVC sanitary main proposed under Mills
Drive and Avienda Parkway West.
The sanitary stub from MH 25 shall be no larger than the 8 inch downstream pipe and the slope
shall be adjusted accordingly.
Service stubs shall be provided for the six twin home units proposed on Mills Drive.
The rest of the development will be serviced by sanitary sewer that will extend from the stub
under existing Bluff Creek Boulevard. The sanitary main will be constructed under Bluff Creek
Boulevard, Avienda Parkway and Sunset Trail and will vary from 8 inch to 12 inch diameter.
An 8 inch stub will be constructed to Sunset Trail and Lyman Boulevard for future extension to
service the existing parcels on Sunset Trail north of Lyman Boulevard.
Sanitary structures along Bluff Creek Boulevard shall be moved out of the landscaped median
and into the center of east bound travel lane for future maintenance access considerations.
All sanitary sewer main constructed within the right-of-way in this project shall be publically
owned and maintained. Private sanitary main must be constructed to meet the city's
requirements for public utilities. The plan shall use 2017 Chanhassen standard detail plates,
which are available on the city's website.
The proposed design grades for sanitary pipe are set at the minimum slopes per the 10-State
Standard for design. However, setting the design grade to this minimum is not advisable. The
plan must have a design grade that the developer and engineer are confident that the construction
process will achieve the minimum. If the grade is flatter than the 10-State Standard at the time
utility acceptance is requested, the city will require the sanitary sewer be excavated and
reconstructed to meet the grade requirement. Staff recommends use of design grade 0.10%
above the required minimum.
WATER MAIN
Water main for is development is proposed to connect from a 12" stub under the existing Bluff
Creek Boulevard. The 12"water main will be constructed under Bluff Creek Boulevard and
Avienda Parkway. An 8" connection from the eastern roundabout is proposed to loop the system
to Powers Boulevard.
A second, 12" connection is proposed 570 feet north of Powers Boulevard. Staff is recommends
that this connection be removed and a connection through the parking lot of Lot 3, Block 4 to the
water main under Lyman Boulevard be installed. The applicant shall grant a drainage and utility
easement for this publically owned and maintained connection.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 28 of 59
An 8" connection is proposed on Mills Drive to the water main stub constructed with The I
Preserve at Bluff Creek. Service stubs shall be provided for the six twin home units proposed on
Mills Drive.
The applicant shows a water main connection through the wooded Outlot A to connect to the
Camden Ridge development. The Camden Ridge development has not had reported issues with
water circulation. Because of this and due to the economic considerations of the city installing a
pressure reducing valve and future maintenance of the line, staff no longer requires the applicant
to make this connection.
Additional water main stubs will be provided at the accesses for Lot 1, Block 4 and Lot 1, Block
5.
All water main constructed within the right-of-way in this project shall be publically owned and
maintained. Private sanitary and water main must be constructed to meet the city's requirements
for public utilities. The plan shall use 2017 Chanhassen standard detail plates, which are
available on the city's website.
STORM WATER
This document summarizes the review of stormwater management and associated considerations
for the Avienda Development project in the City of Chanhassen. The primary documents
reviewed were a 17-page plan set titled "Avienda", dated 4-14-17, and a Draft Stormwater
Narrative dated 4-14-17.
Table 1 summarizes the existing and proposed impervious coverage on the project site from the
information provided in the Draft Stormwater Narrative. The applicant must provide the total
disturbed area of the proposed development.
Table 1 - Existing and Proposed Impervious Coverage
Total Site Increase in
Disturbance[ac] Impervious Area lac] imperviousness
[%; ad)
Existing Conditions - 0.40 0%
Proposed Conditions >100(not provided) 76.69 »50%; 76.29
Summary of Stormwater Management Review:
• Volume Control-The proposed project does not meet requirements.
• Rate Control -The proposed project does not meet requirements.
• Water Quality- It cannot be determined if the project will meet the requirements with the
information provided.
Stormwater Requirements
This project includes construction of 76.29 acres of new impervious surface that will be placed
on what is currently pervious surface. Since this project increases the imperviousness of the
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 29 of 59
entire project site by more than 50 percent, and proposes a net increase of impervious surface by
more than one acre,permanent stormwater management controls for Volume, Rate, and Water
Quality is required per the Riley Purgatory Bluff Creek Watershed District(RPBCWD) rules.
Volume Control
Per RPBCWD,the volume reduction requirement is an event-based abstraction equal to the
instantaneous volume of 1.1-inch depth of runoff(DvR) over the net new impervious surface.
The soils on site are primarily of hydrologic soil group D,based on provided Web Soil Survey
information.
To provide volume reduction, the project proposes to incorporate a stormwater reuse irrigation
system. The applicant must provide a figure clearly identifying the areas to be irrigated with
areas quantified, which is not included in the current plans.
A volume reduction requirement of 0.55-inch may be considered if the site is deemed restricted
by the RPBCWD. Please note that this 0.55-inch consideration requires thorough and extensive
documentation of site restriction, including soil borings and other information as requested. The
RPBCWD rarely grants the restricted site consideration without extensive documentation that the
site has been designed with the minimum impervious surface coverage and that the irrigation
areas and reuse systems have been designed to provide the maximum benefit possible.
If the 0.55-inch volume reduction is not achievable on site, then it is even less frequent that
RPBCWD grants the "maximum extent practicable" requirement for volume reduction. It is
recommended that the applicant be prepared to demonstrate that alternative layouts have been
considered for reducing impervious and increasing irrigation, in addition to incorporation of
alternate BMPs such as pervious pavers or asphalt.
Calculation of the volume reduction requirement value (VvR) is shown below.
2
VVR = 1.1 in *� * 76.29 ac * 43,5 0 f t = 304, 626 ft3
12 in lac
MIDS provides that a harvest/reuse system earns a volume reduction credit equal to the amount
of water that is irrigated over the course of three days. The proposed reuse system will irrigate
23.27 acres of green space at an application rate of one inch per week.
The calculation of the volume reduction credit (Virr) earned by this system is shown below.
43,560 ft2 1 in 1 ft 1 week
V1.,. = 23.27 ac * lac * 1 week 12 in* 7 days * 3 days = 36,201 f t3
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 30 of 59
The volume reduction provided by the proposed irrigation system wilt capture the first 0.13-inch
(volume reduction depth, DvR) of runoff from the tributary impervious surfaces.
D
36 ft31 ac 12 ire
vr
* — *---= 0, 13 in
/6.29 ac 43, 560 ft2 1 ft
The proposed reuse system does not provide sufficient volume reduction per RPBCWD rules. It
is recommended that the irrigation system is revised to provide further volume reduction.
Increasing the irrigation rate to 1.5 inches per week (as approved by RPBCWD) and expanding
the irrigation areas are two ways to increase volume reduction.
The stormwater management for this site does not satisfy the volume reduction requirements.
Rate Control
RPBCWD rules require that peak rates are limited to existing conditions for the 24-hour, 2-, 10-,
and 100-year critical rain events and the 100-year, 10-day snowmelt event at all places where
runoff discharges from the site. The provided stormwater management report demonstrates that
rate control is met for all points discharging from the site,with the exception of the 100-year, 10-
day snowmelt event for Wetland 3. This will need to be revised to be in compliance with
RPBCWD requirements.
The stormwater management for this site does not satisfy rate control requirements.
Water Quality
RPBCWD rules require that at least 60% of total phosphorus and 90%of total suspended solids
are removed from site runoff.
The applicant has submitted a MIDS calculator output containing the proposed treatment train on
site. This treatment train includes two reuse cisterns, one sand filter, and five constructed Level 3
stormwater ponds. Based on the provided modeling, the stormwater ponds provide the greatest
water quality benefits among the treatment train components.
The applicant must provide documentation that each of these ponds meets the Level 1, 2, and 3
criteria per the Minnesota Stormwater Manual to ensure that they will produce the calculated
water quality benefits. We have not been provided sufficient documentation that water quality
requirements can be met with the current stormwater management plan.
Wetland Discharge Considerations
The project site discharges to three critical wetlands: MnDOT Mitigation Area East(nodes 1 R
and 10R,pre- and post-project,respectively, in the submitted HydroCAD model),MnDOT
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 31 of 59
Mitigation Area South(nodes 5R and 40R),Wetland 3 (nodes 6P and 33P), and Wetland 4 (nodes
8P and 44P).
The models and stormwater report demonstrate that, except for Wetland 3 indicated above, rate
control requirements are fulfilled and there is not expected to be any detrimental impacts from
increased rates to these wetlands.
The proposed project will increase annual runoff volumes to each of these wetlands. The
applicant must provide the annual runoff volumes to each wetland for the pre- and post-project
conditions. This information will be used to determine if the increased volume will have
detrimental effects on these wetlands.
The applicant must provide further information on the bounce and inundation periods for each of
the identified critical wetlands. The bounce and inundation changes caused by the project must
be in compliance with WCA requirements.
Most of the storm water run-off from the public streets is directed to the underground storm
water cells. The city is not planning on participating in the future maintenance of storage and
reuse systems. Staff recommends the developer look at other alternative storm sewer designs so
the runoff from public streets does not drain to the private underground storm water reuse
systems.
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ASSESSMENTS
The twin home units must pay a water and sanitary service partial hook-up fee when Lot 1,
Block 2 and Lot 1, Block 3 are replatted at the rate in place at that time. The remaining hook-up
fees would be paid with the building permits.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 32 of 59
The developer shall work with the Building Department to determine the city SAC and WAC
fees for commercial and multi-family buildings. The hook-up fees for commercial and multi-
family buildings are due with the building permit at the rate in place at that time.
The developer shall pay this site's portion of the 2005 AUAR costs- which is $25,836.70 with
the final plat.
Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final plat.
The fee will be based on the commercial rate of$3,600 per acre and a residential rate of 2,400
per acres.
The developer shall escrow funds for installation of traffic signals at Sunset Trail, Powers
Boulevard and Audubon Road. The escrow amount shall be based on the Carver County's cost
participation policy as published on their website.
WETLAND ALTERATION PERMIT New Information
Level 7 Development, LLC,has applied for a Wetland Conservation Act(WCA) permit to the
City of Chanhassen as the Local Government Unit(LGU) for the WCA. The developer is
proposing to impact 4.4659 acres of WCA regulated wetland. WSB has been reviewing the
permit application on behalf of the City since February 2017.
Background Information
• Applicant submitted application February 15, 2017 with preliminary stormwater model
information on February 21, 2017.
• City determined application was incomplete on March 10, 2017. This determination was
reviewed with the applicant on March 9,2017.
• Applicant submitted revisions on March 14, 2017.
• City determined the application was complete on March 17, 2017. A Wetland
Conservation Act Notice of Application was sent out the Technical Evaluation Panel on
March 17, 2017.
I
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 33 of 59
• The project proposes to impact the following wetlands:
Wetland Wetland Wetland Impact Fill or Wetland
Number Type Acreage Acreage(fill Excavate Management
and Class
excavate)
Wetland 1 1, 3 1.001 1.001 F Manage 2
Wetland 1/2 1,2 0.1860 0.1860 F Manage 2
Wetland 2 1, 2, 5 2.2569 2.2569 F Manage 2
Wetland 3 1 0.6696 0 NA Manage 2
Wetland 4 1 0.1253 0.1253 F Manage 2
Wetland 5 1 0.3483 0.3483 F Manage 3
Wetland 6 1 0.2514 0.2514 E(for Manage 2
pond)
Wetland 7 1 0.0150 0.0150 F Manage 3
Wetland 8 1 0.0844 0.0844 F Manage 3
Wetland 9 1 0.0985 0.0985 E (for Manage 3
pond
Wetland 10 1 0.0740 0 NA Preserve
TOTAL 5.2095 4.4659
• While the application was technically complete,there is more information that would be
needed to determine if the project meets the requirements of the Wetland Conservation
Act. The additional analysis that is still needed includes the following:
o Evaluation of the project's effect on the wetlands remaining onsite as well as the
impact on surrounding wetlands. Currently,the information supplied does not
provide sufficient evidence that secondary hydrology impacts would not occur to
onsite Wetland 3 and to the downstream wetland migration areas (see WSB memo
dated May 1, 2017).
o Supporting documentation that avoidance and minimization has been met per the
WCA. For example, a market study has been provided,but this does not provide
the needed justification for this type of project and subsequent wetland impacts.
The market study only provides information about other lifestyle centers in the
metropolitan area.
o Evaluation that the lost wetland functions and values are adequately replaced. The
applicant is currently proposing wetland mitigation through the purchase of
wetland credits within banks location in Blue Earth, Stevens, and Rice Counties.
Evaluation of whether this adequately mitigates wetland functions, such as lost
water quality and stormwater storage functions, within the city's subwatershed
has not been completed as the information about secondary impacts has not yet
been provided and a determination of the project's overall stormwater
management system needs to be included in the review.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 34 of 59
o The land development plan submitted to the City after the wetland permit
application was submitted has discrepancies in the wetland impacts. The
application shows wetland impacts to Wetland 4,but their land development plan
does not show this impact. Additionally, the correct size and impact to Wetland 1
needs to be clarified. Clarification on the actual wetland impact plan is needed 1
within the WCA Permit process.
• The US Corps of Engineers requested and held a meeting with the applicant. The city was
also in attendance at the April 6, 2017 meeting. The US Corps of Engineers indicated 1
there was additional information that was required to be submitted before they could
determine if a permit could be issued.
• Since the US Corps of Engineers required similar information as to what the WCA 1
process is needing, the 60-day decision timeline was extended. The current 60-day
decision timeline ends July 12. A TEP meeting has not yet been held to review the
project. A TEP meeting is needed to review the application in conformance with the
WCA.
Wetland Functions and Mitigation
If the project meets the WCA sequencing and shows that the wetland impacts need to occur for
the project(i.e. if the project meets wetland avoidance and minimization requirements),the rest
of the WCA review for this project is dependent on wetland replacement.
The WCA requires that wetland replacement must replace the public value of wetlands lost
because of an impact. The public value of wetlands is generally based on the functions of
wetlands including: water quality, flood water attenuation,public recreation and education, and
fish/wildlife/plant habitats. The WCA uses the Minnesota Routine Assessment Method
(MnRAM)to determine functions and values. The City completed a citywide MnRAM in 2006.
The applicant has completed MnRAM as part of the application process. For the onsite wetlands
that were previously evaluated by the City, the applicant's MnRAM has either the same result or
a slightly higher quality results for the wetlands.
The table above shows the wetland management categories from the application. The standard
categories that the city uses, which are in conformance with state guidance, is as follows:
• Preserve: These are the highest quality wetlands and have high quality habitat and native
vegetative diversity.
• Manage 1: These are a lower quality than Preserve,but still show high habitat quality and
plant diversity.
• Manage 2: These wetlands have been impacted by stormwater, invasive species, or other
impacts and are lower quality than Manage 1. They likely still provide some habitat and
may have some native plant species.
• Manage 3: These wetlands have been impacted the most and may provide a stormwater
treatment function and have minimal native plants. These are the lowest quality wetlands.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 35 of 59
The wetlands proposed to be impacted by the project are either Manage 2 or Manage 3 wetlands.
Some have historically been excavated. These wetlands do not contain a diversity of native
plants. They do provide stormwater and floodplain treatment for downstream wetlands as they
are at the headwaters of the Bluff Creek and Lake Susan watersheds. Downstream waters are
impaired for water quality.
Wetland mitigation that replaces wetland functions and values at a minimum of a 2:1 ratio is
required and can be met in a variety of ways:
• Onsite mitigation: New wetlands are created or restored within a project area. This could
address replacing functions and values in the same area,but the current layout does not
provide opportunity for a reasonable creation or restoration project. Also, creating new
wetlands takes time and there are many factors to consider for its success.
• Replacement in the same subwatershed: New wetlands are created or restored within the
same minor or major subwatershed as the project. This would allow wetland functions
and values to be replaced within the subwatershed where the project is located and the
project layout would not have to be altered to fit mitigation on site. However, a suitable
site would need to be located.
• Purchase of wetland credits from a wetland bank: There are several wetland banks in the
state and applicants can purchase credit from these already created wetland areas. It is
preferred in the WCA rules that a bank within the same bank service area be chosen to
purchase credit for a project.
• Some combination of these mitigation options: An eligible project can also use a
combination of these mitigation options.
As stated, if the project is determined to have met the avoidance and minimization criteria for the
wetland impact, wetland mitigation for the lost functions and values would be required at a
minimum of a 2:1 ratio. Currently, the applicant is proposing mitigation through the purchase of
credit from three wetland banks in Blue Earth, Stevens, and Rice Counties. These banks are in
the same bank service area, and only one is in the same major watershed area.
Recommendations and Next Steps
• The applicant needs to supply the needed additional information to the city. The
additional information is needed to determine if the project meets the WCA requirements.
• A Technical Evaluation Panel meeting is needed to review the application.
• If the application is deemed to meet the avoidance and minimization criteria of the WCA,
a mitigation plan that adequately replaces wetland functions and values is needed.
• City Staff has reviewed mitigation options. City Staff recommends the applicant provide
wetland mitigation via the purchase of wetland bank credits, at a ratio of 2:1, in
accordance with WCA requirements.
• In addition to the wetland bank credits, City staff recommends that a condition of
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 36 of 59
approval will include the applicant provide a site-specific water quality improvement
project within the watershed to mitigate water quality impacts locally, as the site is
located up-stream of impaired waters. This site-specific mitigation may occur either
onsite, or at an agreed feasible location within the local watershed. Details will be
coordinated with the applicant.
• The applicant has submitted documentation demonstrating that they looked for property
within the watershed to pursue water quality improvement projects to mitigate wetland
and water quality impacts locally. As none of the explored sites were project ready,the
applicant shall contribute$300,000 to the city for water quality improvement projects
within the watershed.
NPDES MS4 Permit
Chanhassen is permitted to discharge stormwater under the General Permit Authorization to
Discharge Stormwater Associated with Small Municipal Storm Sewer Systems under the
National Pollution Discharge Elimination System/State Disposal System Program(MS4) issued
August 1, 2013. The MS4 permit requires Chanhassen, as a permittee,to develop a post-
construction stormwater management program. This program must give the highest preference
to "Green Infrastructure"practices such as conservation design, infiltration and reuse. New
development must result in no net increase from pre-project conditions of stormwater volume,
stormwater discharge of total suspended solids and total phosphorus.
Riley Purgatory Bluff Creek Watershed District Rule J
Rule J requires that the 1.1 inches of runoff from impervious surface of a parcel must be
abstracted on-site. In addition,the stormwater management must achieve 60%removal of total
phosphorus and 90%removal of TSS on an annual basis.
These removals are consistent with the National Urban Runoff Program(NURP)
recommendations and the volume is consistent with the NPDES permit requirements.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 37 of 59
ARTICLE XXXI. - BLUFF CREEK OVERLAY DISTRICT
Bluff Creek Primary Zone
CONDITIONAL USE PERMIT -" s7year if
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The City of Chanhassen established ell
, .
the Bluff Creek Overlay District, t` ' '
BCO,by ordinance in 1998 to protect 3
the Bluff Creek Corridor, wetlands, -4 0 Jig"
bluffs and significant stands of mature a i
trees through the use of careful site •
design and other low-impact practices. / r
This parcel is partially encumbered by r ' ' ' 1
the Bluff Creek Overlay District. A
conditional use permit shall be issued
by the city for all subdivisions, site
plans, and prior the erection or `-- � ."ew—.' r '�
alteration of any building or land <�,
within the BCO. Tr��� '11
A :
Bluff Creek is entirely within the City
of Chanhassen. It provides a unique
blend of habitat, vegetation and recreational opportunities through the center of the city. The
corridor encompasses all of the land which drains to Bluff Creek. In December 1996,the City of
Chanhassen adopted the Bluff Creek Watershed Natural Resources Management Plan
(BCWNRMP). The plan was the culmination of several years of study and planning focused on
protecting the natural and recreational resources provided by the Bluff Creek corridor. The
BCWNRMP recommended the establishment of a primary zone(the creek, riparian wetlands,
associated steep slopes, native vegetation) and a secondary zone(other undeveloped portions of
the watershed) as a tool to help protect the creek's natural resources. The primary and secondary
zones were mapped at that time using aerial photography to provide staff and the public with a
general idea of where the zones would lie. The intent was to protect a natural corridor from the
source to the convergence with the Minnesota River that would allow for wildlife migration,
habitat protection, green space preservation,recreational opportunities, educational
opportunities,protection of the bluff areas from erosion, and protection of the water quality of
Bluff Creek.
The City of Chanhassen established the Bluff Creek Overlay District(BCOD)by ordinance
number 286 in December of 1998 which was codified as Article XXXI, Chapter 20, and
Chanhassen City Code. The BCOD primary zone includes the forested area in the southwest
corner of the site and the wetlands contained therein.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 38 of 59
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The applicant is proposing encroaching into the Bluff Creek primary zone as historically
determined, which included the approximate edge of the tree line. Outlot A would then contain
the Bluff Creek Corridor primary zone. The Primary Corridor is designated open space. All
structures must meet a 40-foot structural setback from the Primary Corridor boundary as required
by Chanhassen City Code.
If granted, this will be the second variance of this type within the Bluff Creek Overlay District in
this area. The other was approved as part of the Powers Crossing development allowing grading
up to the primary zone boundary,but not encroaching into the primary zone, which was never
built. The Bluff Creek Overlay District was intended to preserve the natural corridor along Bluff
Creek for aesthetic,recreational, wildlife and water quality functions. As Section 20-1551 of the
City Code states, "significant natural features should impact development rather than
development impacting significant natural features."
Bluff Creek is a 303d-listed water with turbidity and fish IBI impairments. It is known to have
significant erosion and sediment issues resulting from the increase in surface water discharge
volumes to the creek. The city and the Minnesota Pollution Control Agency conducted a Total
Maximum Daily Load (TMDL) Study. This study resulted in further recommendations to
protect Bluff Creek. The Bluff Creek Overlay District was intended, in part,to guide
development to minimize the increases in hardscape that accompany development by creatively
designing site plans to reduce impervious surface and save significant natural resources.
Because of the need to define the underlying causes of the erosion within Bluff Creek,the Bluff
Creek Corridor Feasibility Study was undertaken. This study identified 22 severely eroded
gullies and escarpments just in the lower valley alone downstream of the proposed development.
Properties within the Bluff Creek Overlay District are subject to the following requirements:
1. A conditional use permit is required prior to all subdivisions, site plans, land alteration
and building within the BCOD.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 39 of 59
2. Bluffs must be preserved as set forth in Article XXVIII of city code.
3. Density transfers can be used to cluster development in areas where the location of the
primary zone makes portions of the site unsuitable for development.
4. Natural habitat areas within the primary zone must be preserved as open space.
5. The primary zone must be 100 percent open space.
6. All structures must be set back at least 40 feet from the primary zone.
7. The first 20 feet of the setback from the primary zone cannot be disturbed.
The project proposes construction of a building, an access drive,parking areas and a public street
within a portion of the Bluff Creek Overlay District primary zone. The encroachment into the
primary zone and setback requires a variance. Staff believes that only a minimal encroachment is
necessary to permit the construction of Bluff Creek Boulevard. To mitigate for the impacts to
the primary corridor, the applicant should submit a plan for the restoration of areas adjacent to
the Bluff Creek Corridor with species consistent with the city's Bluff Creek Watershed Natural
Resources Management Plan.
Staff recommends that no encroachment on the primary zone be allowed Staff also recommends
that for development adjacent to the overlay district,monument signs indicating the Bluff Creek
Overlay District be placed at every property corner and angles with no more than 150 feet apart.
Building within the BCOD requires a variance. The applicant will have to demonstrate that they
meet the variance criteria.
8. The applicant is requesting to grade within the primary district and well as place a
building with in the district. One of the mitigation strategies of the AUAR "The city will
follow existing zoning regulations including Floodplain Overlay(Article V), Wetland
Protection(Article VI), Shoreland Management(Article VII), Bluff Protection(Article
XXVIII) and Bluff Creek Overlay(Article XXXI) to protect natural and environmental
resources from potential impacts resulting from the Development Scenario. The city will
reference policies and strategies outlined in the 2030 Comprehensive Plan, Surface Water
Management Plan and the Bluff Creek Watershed Natural Resource Management Plan as
technical resources during the review of specific development projects.
Total amount of impact to Bluff Creek removed 1.75 acres
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 40 of 59
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Applicant proposes to remove around 1.75 acres for the construction of a parking lot within the
Bluff Creek Overlay District Primary Zone. This entirely wooded area is mix of native species
including oak,basswood, elm,black cherry and iron wood. Within the proposed area of
removals there are 14 significant trees; these trees have a minimum diameter of 12". There are
also 33 special trees proposed to be removed for a parking lot in this area as well. These trees
are all oaks with a minimum diameter of 30". At the western end of the removal area and in the
woodland edge there is an understory of buckthorn. The existence of buckthorn does not
diminish the value of the woodland area. The city has been successful in rehabilitating woodland
areas and this area would benefit greatly from preservation and buckthorn management.
This Primary Zone woodland contains important forest diversity,provides excellent habitat,
offers residents a quality of life highpoint, and provides numerous overall benefits to the city.
The conservation of this natural land will provide the city of Chanhassen with cost savings and
quality of life benefits such as energy savings, air pollution mitigation, increased property values,
improved health of residents, and avoided stormwater runoff and pollution. A parking lot in the
place of the Primary Zone will tip the scales in the exact opposite direction costing the city
energy usage, air pollution,reduction of green space, and stormwater runoff.
The majority of the impact to the overlay district is to accommodate parking for the senior
housing, Assisted and independent. Both development are over parked. All resident parking is
accommodated in a parking garage via the ratios established in the city code. The only surface
parking is the guest parking.
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Planning Commission
Preliminary Plat and Planned Unit Development–Planning Case 2017-10
June 20, 2017
Page 41 of 59
Senior Housing Guest Parking Ratio Provided Required Over requirements
Assisted 150 units 1 space for every 4 rooms 77 38 39
Independent 75 units 1 space for every 4 rooms 61 19 48
Number of additional stalls provided 87
2. Multifamily: Parking standards
(i) Efficiency units and one-bedroom units—One and one-half stalls, one of which must be
completely enclosed in a garage.
(ii) Two-bedroom and larger units—Two stalls, one must be completely enclosed in a garage.
(iii) Senior housing—designed and limited to senior citizens, age restricted to those 55 years of
age and older, shall provide one parking stall per dwelling unit,which must be enclosed in a
garage. Assisted living facilities shall provide one-third parking stall per dwelling unit. All
required parking for assisted living dwelling units must be enclosed in a garage.
(iv) Garage stalls for multifamily buildings containing more than 20 dwellings must be placed
underground or attached to the primary structure. The city may allow freestanding garage stalls
only when the applicant demonstrates that the architectural design of the building results in an
inability to accommodate all the stalls under the building and when the majority of this
requirement is met with underground parking.
(v) In multifamily rental buildings, the use of at least one enclosed stall shall be included in the
lease or rental rate of each apartment. In multifamily owner-occupied buildings at least one
enclosed stall shall be included in the sales price of each home.
(vi) One visitor parking stall shall be provided for each four dwelling.
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Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 42 of 59
Staff recommends the following conditions of approval:
a. The developer shall dedicate the Conservation Easement containing the Bluff Creek
Primary Zone to the City.
b. The Developer shall provide the city with a management for this area and submit to the
city for review.
c. Monuments indicating the Bluff Creek Overlay District shall be placed at every other
property corner and at an angle of deflection greater than seven percent,but in no
case shall they be greater than 150 feet apart.
d. The development shall not encroach into the Bluff Creek Primary Zone except for an
access driveways.
e. All buildings and other structures including parking shall be outside the BCOD. The
developer shall comply with the with the 40 foot primary zone setback and preserve or
create a 20 foot buffer from the primary zone.
f. The buffer will be required to have a vegetation management plan and soil amendments.
Variance Request
The developer is requesting a variance to encroach into the Bluff Creek Overlay District primary
zone to grade and construct a building. However, staff does not see a need to alter the primary
zone boundary for development. The Bluff Creek Overlay District was intended to preserve the
natural corridor along Bluff Creek for aesthetic,recreational, wildlife and water quality
functions. Fragmentation and significant reduction in the area of the primary zone would
significantly degrade this area. Development of the site is possible within these encroachments.
Staff believes that only a minimal alteration is necessary to permit the construction of Bluff
Creek Boulevard, which is allowed by the city ordinance with the consideration to maintaining
consolidated areas of natural topography and vegetation. The city is therefore establishing the
northwesterly boundary of the primary zone as the edge of the right-of-way for Bluff Creek
Boulevard.
The requested variance does not meet the criteria for approval of a variance.
a. Variances shall only be permitted when they are in harmony with the general
purposes and intent of this Chapter and when the variances are consistent with the
comprehensive plan.
The proposed development can be completed without the need to encroach into the
Bluff Creek Primary Zone. The purpose and intent is to preserve the natural corridor
along Bluff Creek for aesthetic,recreational,wildlife and water quality functions.
Fragmentation and significant reduction in the area of the primary zone would
significantly degrade this area
b. When there are practical difficulties in complying with the zoning ordinance.
"Practical difficulties," as used in connection with the granting of a variance,means
that the property owner proposes to use the property in a reasonable manner not
permitted by this Chapter. Practical difficulties include,but are not limited to,
inadequate access to direct sunlight for solar energy systems.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 43 of 59
There are no practical difficulties that would require the approval of an encroachment
into the primary zone. This is a farm field that allows for the movement of
development outside the environmentally sensitive area.
c. That the purpose of the variation is not based upon economic considerations alone.
The variance would increase the amount of developable land, which would be an
economic consideration.
d. The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
Other properties are encumbered by the Bluff Creek Overlay District and have been
viable and developable within granting of a variance, which would impact the natural
area. This property is developable without a variance. It is only the desired
placement of a structure within the primary zone, which leads to the variance.
e. The variance, if granted, will not alter the essential character of the locality.
A variance, if granted, would considerably alter the character of the primary zone by
fragmenting and reducing the area of the primary zone.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
This criteria does not apply.
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Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 44 of 59
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Landscaping Comments
The design narrative submitted by the applicant references lush plantings, low water use and
responsible resource use as goals and standards of the development. To this end, it is expected
that proposed landscaping and preserved green space exemplify the latest best management
practices. In this regard, tree preservation,boulevard and foundation plantings, turf expanses in
open spaces, and irrigation needs should demonstrate a higher standard than the average
commercial development. Including topsoil and soil amendments to insure healthy plantings,
specifying landscape plants that are suited for the site conditions, installing a reuse irrigation
system and parking lot raingardens, and minimizing impact to the Bluff Creek Overlay primary
zone will all assist with elevating the project standards.
The lower southwest corner of the site is part of the Bluff Creek Overlay District, an area
intended for preservation and restoration. This wooded corner within the Primary Zone contains
a native upland forest dominated by oaks,but also filled with elms,basswood,black cherry and
ash. This area serves as a stormwater,habitat, clean air and carbon sequestration management
area. Eroding the overall impact of the area by carving into it for development does a disservice
to the future generations of Chanhassen residents who will one day benefit from and appreciate
the controlled management and protection of the overlay district. According to city ordinance,
'the purpose of the district is to protect the Bluff Creek Corridor, wetlands,bluffs, and significant
stands of mature trees;promote innovative development techniques such as cluster development
and open space subdivisions...'
The proposed landscape plan submitted includes one item for review, namely boulevard tree
plantings along the collector roads. Staff requests more detail for the overall site than what has
been provided. What has been provided lacks sufficient detail to be reviewed for an overall
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 45 of 59
concept plan. Parking lot,perimeter, foundation, and open space landscaping should also be
shown. As drawn on the submitted plans, the parking lot design is denoting only half as many
landscape islands as would be required by ordinance. Installing only 50% of the landscaping
leaves large expanses of unadorned,heat-accumulating,blank pavement. The intent of city
ordinances is to eliminate vast,unaesthetic parking areas. This site is ideal for incorporating
sustainable landscaping that serves to create a pleasing environment, trap stormwater and reduce
water use. Instead of numerous, small islands scattered throughout the parking areas, large
planting beds that act as stormwater features and allow for optimal tree and plant growth as well
as elevated aesthetics could be incorporated. Maplewood Mall should serve as an example of
parking areas that endeavor to minimize the detrimental effects of impervious surfaces. For a
local example, the Chaska Curling Center has successfully designed a parking lot that includes
aesthetically pleasing landscaping treatments as well as stormwater management.
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The boulevard tree landscape plan includes a satisfactory list of species to be used on site.
However, the city ordinance requires that no more than 20%of the total trees should be from any
one genus and no more than 10% should be from any one species. Additionally, Chanhassen has
alkaline soils so trees that prefer a more acidic soil, such as Northwoods maple, do poorly when
grown on many sites in Chanhassen and especially when grown on newly developed sites, unless
a soil correction has been made. Species selection should be based on the site conditions—clay,
alkaline, droughty soils. Also, if the proposed plan remains committed to individual landscape
islands, then silva cells, engineered soil or other accommodations must be used in order to insure
the survival of the trees.
A reuse watering system should be considered to irrigate plantings. With the amount of
impervious surface on site, adequate reservoirs of stormwater runoff should be collected to serve
the irrigation needs of the site. Foundation plantings will be expected for all buildings on site
and residential landscaping requirements will also need to be met for those specific areas. To
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 46 of 59
meet the design goals as stated in the narrative, overall tree cover should be at least 20-25% or
higher in commercial areas and a minimum of 30-35%or higher in residential areas.
Carver County Comments from Letter dated May 8, 2017
1. Prior to Plat and PUD approval, the County would like to review and approve the overall
AUAR additional sub-report and figures of detailed intersection and related segment geometric
design concepts with estimated costs, schedule by year, and table of proportionate cost sharing
for the city, Developments, MnDOT, and County consistent with the County's cost
participation policy. Costs to include intersection/lane upgrades; signal interconnect and
signal/fiber communications; and lighting as needed. In particular,more information is
needed for the level of improvements at the intersections of Sunset Trail/Lyman Blvd and
Bluff Creek Blvd/Powers Blvd.
2. The plat and PUD will need to be revised to change the single lane entrance of Bluff
Creek Blvd from Powers Blvd (CSAH 17) to Avienda Parkway to two lanes wide. This was
noted with the AUAR comments and is a specific area of concern,that the Bluff Creek Drive
road extension from Powers Blvd be designed for 2-lanes inbound through and around the
proposed internal roundabout, such that adequate throughput is achieved at the critical Powers
Blvd/TH 212 intersection. This 2-lane condition is needed as well to match the already built
and committed intersection layout that stubbed in the future entrance to Bluff Creek Blvd.
This 2-lane inbound for Bluff Creek Blvd is also consistent with the AUAR's notation for dual
NB left turns on Powers Blvd at TH 212.
3. The intersection of Sunset Trail/Lyman Blvd should be reviewed in detail for
intersection control alternatives. Intersection traffic operations at this location are a concern
and it may be that access needs to be restricted to right-in/right-out until such time that higher
order intersection facilities are available. Sunset Trail may need to be widened to account for
this access condition as well as for two turn lanes out. In addition,numerous utilities are in
place in the NW quadrant and some are being looked at to be relocated. Pedestrian ramps and
other improvements will be required at Sunset Trail, including the potential to cross Lyman
Blvd.
4. Prior to plat and site plan approval, and at least prior to 30%plans and specs,please
provide for County review and approval roadways or access points intersecting with County
highways. A special review of the design of Bluff Creek Blvd and Sunset Trail will be
required. In addition, intersection lighting will need to be reviewed and included if not
adequate as determined by the County.
5. Physical connections need to be made to the signalized main intersection and some
adjustments may be required pending more review of detailed engineering plans. Some form of
contract/permit and surety with the County will be required for design, construction, and final
inspection for the traffic signal and roadway approach facilities. Striping of lanes and/or
crosswalks maybe needed to be incorporated into the project. The installation of pedestrian
push buttons/APS system may also be needed.
Planning Commission
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June 20, 2017
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6. Related to rights of way, the boundary appears to be substantially monumented and
abutting existing plats and right of way plats. No external or internal boundary conflicts noted
on county parcel deed construction drawing. The plat may be required to denote controlled
access along CSAH 18 or CSAH 17. Final plat, with up to date title work, will need county
approval near the end of project.
7. Related to parks and trails,please provide for County review and approval some type of
additional, declarative sub-report and figures of the specific plans and impacts to the city and
county regional and linking trails plan for the highways and areas related to the AUAR and this
development. Our understanding is that the city currently has a trail running along the west
side of Powers in the project area. On Lyman, a trail is not identified in the project area; this is
likely because the trail infrastructure runs on the north side and not the south side of Lyman.
Neither Lyman nor powers is currently a part of the County's Comprehensive Plan for trail
alignments. In addition,the County installed a 10 foot wide bituminous trail along the west
side of Powers Blvd in 2014. The site plan grading plan shows new contours over this trail, so
please clarify on this as well.
8. Prior to any work affecting or on County highways or in County right of way,the
applicant shall coordinate plans with the County Engineer and obtain a Utility or
Excavating/Filling/Grading Permit(s) from Carver County Public Works:
(http://www.co.carver.mn.us/how-do-i/apply-for/a-permit). Final details of locations, grades,
and profiles affecting County roads as well as any utility connections will need to be reviewed
and approved prior to any permits. As notes to our understanding, the city stubbed in a new
water main at the SW quadrant of Powers and Lyman. County has vacant fiber conduit and
vaults along the south side of Lyman the entire length of this property.
9. Any damages,modifications, or changes incurred on County highways from current or
approved conditions will need to remedied or updated at development expense, including costs
incurred by the County.
MnDOT letter dated May 4, 2017
The Minnesota Department of Transportation(MnDOT)has reviewed the PUD and has the
following comments:
Water Resources:
MnDOT owns several wetland restoration sites just outside the proposed project limits. There is
one to the south of the project limits and one to the east of the project,just across Powers Blvd.
MnDOT also owns a few culverts on Powers Blvd and Lyman Blvd that currently receive water
from the proposed site.
MnDOT would need to see more drainage analysis to make a determination if the proposed
project would affect MnDOT drainage systems. It is likely that the project will need a drainage
permit.
Please submit documents specified below with a drainage permit application:
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
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1. Final drainage plan showing storm sewer plan, storm sewer and culvert profiles
and pond contours
2. Existing and proposed drainage area maps with flow arrows
3. Existing and proposed drainage/pond computations for the 2, 10, and 100 year
rainfall events.
Permits:
As previously stated, a drainage permit is required. Additionally, any use of or work within or
affecting MnDOT right of way requires a permit. Permit forms are available from
MnDOT's utility website at http://www.dot.state.mn.us/metro/maintenance/permits.html
Please include one plan set formatted to 11 x 17 size 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.
Traffic:
Traffic has concerns about the impacts to operations at the proposed TH212/Powers Blvd
intersection. Please continue to coordinate with MnDOT's Traffic section, especially in
finalizing the current draft traffic impact study for the development.
Please direct any questions regarding these comments to Julie Johnson
(Julie.C.Johnson@state.mn.us or 651-234-7824) of MnDOT's Metro South Area Traffic
Section.
Design:
A significant amount of grading is proposed along Powers Boulevard which is part of MnDOT
right of way. Please submit a grading plan at a readable scale showing the proposed
slopes and drainage issues. Also include a typical section showing the relationship with
the boulevard to the Powers.
A very tall retaining wall is proposed along the TH 212 right of way and will need to be
reviewed. Just a reminder that no supporting element of the proposed wall can be on
MnDOT right of way.
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 having the authority to regulate land use shall take
all reasonable measures to prevent the establishment of land use activities, listed in the
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 49 of 59
MPCA's Noise Area Classification(NAC), anywhere that the establishment of the land
use would result in immediate violations of established State noise standards.
MnDOT policy regarding development adjacent to existing highways prohibits the expenditure
of highway funds for noise mitigation measures in such developed areas. The project
proposer is required to assess the existing noise situation and take the action deemed
necessary to minimize the impact to the proposed development from any highway noise.
Park Comments
On Tuesday, October 25, 2016, the Chanhassen Park and Recreation Commission took public
comment and discussed desired park, open space, recreation, and trail components for the
proposed Avienda concept planned unit development (PUD). Commissioners focused on making
the development a highly desirable and livable environment for future residents and how best to
integrate the site into the existing neighborhoods and landforms. Below is the Park and
Recreation Commission's list of recommendations at the concept level. Additional narrative in
italic text describes how the applicant responded to these recommendations in their preliminary
plat and PUD application.
1. Incorporate meaningful,park-like places, including the provision of appropriate
recreation equipment, site furnishings, and landscaping adjacent to both the townhome
and apartment neighborhoods.
o The applicant describes the inclusion of a network of green, adding a variety of
private, semi private, and perhaps some additional public space throughout
Avienda. Details of this vison, including the size, location, amenities, and
ownership of these spaces will need to be explored. A significant number of
residential dwellings are being proposed for a site, which is currently at the outer
limits of the service areas for existing public parks. The city's Comprehensive
Plan standard is to provide 1-acre of actively programmed public or private park
space for every 75 residents. A park dedication requirement, either in the form of
land dedication or payment of park fees or a combination of both, will be a
condition of approval for this application. Park fees are charged at the rate in
force upon final plat approval. Current park fees are $12,500 per acre for
commercial/industrial property, $3,800 per dwelling for multi-family/apartment
units, $5,000 per dwelling for duplexes, and$5,800 per dwelling for single family.
2. Preserve the woodlands identified in the Bluff Creek Overlay District to the greatest
extent possible. The Commission envisions nature trails within a portion of the
woodlands.
o The current submittal depicts the retention of just 75%+/- of the Bluff Creek
woodlands. Preserving the greatest extent of the woodlands as possible remains
the goal.
3. Significantly increase the walkability of the core retail space to encourage pedestrian
interaction by providing wide sidewalks, numerous gathering locations, interesting site
furnishings, landscaping, and hardscapes.
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June 20, 2017
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4. Provide well-designed sidewalks and pedestrian connections to all buildings and
locations.
5. Incorporate traffic calming into all pedestrian crossing locations.
6. Design, incorporate, and construct a comprehensive, on-site system of trails, including:
1. A trail running west to east from Bluff Creek Boulevard through the upper portions of
the woodlands continuing east along the southern border of the property,then turning
north adjacent to.Powers Boulevard.
a. Not depicted in the current application.
2. An internal trail positioned north to south within the townhome neighborhood
allowing residents to gain access as pedestrians to adjacent destinations.
a. No internal trail is shown but a north to south trail paralleling Avienda
Parkway adjacent to the residential area is shown. Upon crossing Bluff Creek
Boulevard to the south, a more direct pedestrian route connecting to the Bluff
Creek woodlands should be identified and constructed.
3. A thoughtfully designed, formal access that welcomes pedestrians from the
intersection of Lyman and Powers Boulevard directly into the proposed development.
a. Not depicted in the current application.
4. Completion of the emergency roadway connection with Miranda Way to be utilized
as a trail way except in the event that north/south emergency vehicle access is needed.
a. This emergency roadway, to be utilized as a pedestrian trail, is depicted in the
application. Additional study should investigate how to thoughtfully connect
the emergency roadway into the Avienda pedestrian network.
RURAL SERVICE DISTRICT
The properties included within the Avienda development are currently located within a Rural
Service District for taxing purposes. The city is divided into an urban service district and a rural
service district, constituting separate taxing districts for the purpose of all municipal property
taxes except those levied for the payment of bonds and judgments and interest thereon. Within
the rural service district regulations, the ratio that exists between the benefits resulting from tax
supported municipal service to parcels in the rural service district to parcels in the urban service
district is seventy-five(75). Rural service properties are therefore taxed for municipal taxes at
75 percent of rate used for other properties.
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June 20, 2017
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Whenever any parcel of land included in the rural service district is platted, in whole or in part,
or whenever application is made for a permit for the construction of commercial, industrial or
urban residential building or improvement to be situated on such parcel or any part thereof, or
whenever such building or improvement is commenced without a permit, the council shall make
and enter an order by resolution transferring such platted or improved parcel from the rural
service district to the urban service district.
Based on the proposed rezoning and subdivision of the properties, these parcels shall be removed
from the rural services district in conjunction with the approval of the development. A resolution
will be included in the July 24,2017 City Council agenda.
RECOMMENDATION
"The Planning Commission recommends approval of Planning Case#2017-19 to rezone 115.00
acres of property zoned A-2, Agricultural Estate District, to Regional Commercial — PUD
Subdivision contingent upon final plat approval, as shown in plans from Landform dated April
14,2017 and June 14,2017 and adoption of the findings of fact."
PUD
The Chanhassen Planning Commission recommends that City Council approve the Rezoning of
115.54 acres, from Agricultural Estate District,A2, PUD Regional Commercial including
"Exhibit A Avienda Design Standards " (attachment#1)
SUBDIVISION
"The Chanhassen Planning Commission recommends that City Council approve the Subdivision
Preliminary Plat creating 17 lots, 3 outlots and dedication of public right-of-way,plans prepared
by Landform dated April 14, 2017 and June 14 ,2017 , subject to the following conditions:
Engineering
1. Top and bottom elevations for all retaining walls shall be labeled on the plan set.
2. Landscaping between tiered walls shall be low or no maintenance.
3. A fence or other barrier is required at any location where a wall is greater than 6 feet tall
and within 10 feet of a public right of way.
4. The following wall materials are prohibited: smooth face,poured in place concrete
(stamped or patterned is acceptable),masonry,railroad ties, or timber. Boulder walls are
prohibited if the maximum height is greater than 6 feet.
5. All retaining walls shall be owned and maintained by a property-owners association.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20,2017
Page 52 of 59
6. The applicant shall revise their plan and relocate Wall F outside the buffer area of the
adjacent wetland prior to grading the site.
7. As large, landscaped boulevards are proposed, the applicant shall add a note to the typical
sections to identify a corridor for installation of private utilities such as power,
communication, gas, etc.
8. The applicant shall show the road profiles and a horizontal alignment table in the plan set
for all public roads prior to final plat.
9. The public roads constructed with this development are: Bluff Creek Boulevard, Avienda
Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed with this
development will be privately owned and maintained.
10. The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers
Boulevard that includes two-lane entry into the roundabout. The City requires this
Ultimate Plan be constructed at this time,but the roadway can be striped for one-lane
only.
11. The applicant shall remove pavement and expand the median on the southern leg of the
Powers Boulevard/Bluff Creek Boulevard intersection to remove the second left-turn lane
from northbound Powers Blvd to westbound Bluff Creek Blvd.
12. Staff recommends the applicant add traffic calming measures to Avienda Parkway West
near the residential areas of development. Specifically,the applicant shall incorporate
pedestrian-friendly crossing features to the intersection at Mills Drive and Avienda
Parkway West.
13. The applicant shall revise the width of Mills Drive to correspond with the existing Mills
Drive section in The Preserve at Bluff Creek.
14. The applicant shall align the intersection of Mills Drive and the access to the apartment
building with the parking ramp to form an intersection rather than offset as the current
plan shows.
15. Sunset Trail will become a private roadway from Avienda Parkway to Bluff Creek
Boulevard as it winds through the center of the development. When Block 5 and/or Lot 2,
Block apply for site plan approval,this private road shall be constructed.
16. The plan for concrete sidewalk on the inside of Avienda Parkway shall be revised to a 5-
foot width.
17. ADA-compliant pedestrian ramps shall be constructed at all intersections and median
refuges per the MnDOT standard details.
18. The sanitary stub from MH 25 shall be no larger than the 8" downstream pipe and the
slope shall be adjusted accordingly.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 53 of 59
19. Sanitary service stubs shall be provided for the six twin home units proposed on Mills
Drive.
20. Sanitary structures shall be moved out of the landscaped median and into the center of
lanes for improved future maintenance access.
21. All sanitary sewer main constructed within the right-of-way in this project shall be
publically owned and maintained.
22. Private sanitary main must be constructed to meet the City's requirements for public
utilities.
23. The plan shall use 2017 Chanhassen standard detail plates, which are available on the
City's website.
24. The proposed water main connection 570 feet north of the Bluff Creek Blvd/Powers Blvd
intersection shall be removed. A water main connection from Avienda Parkway to
Lyman Boulevard through the parking lot of Lot 3, Block 4 shall be installed. The
applicant shall grant a drainage and utility easement for this publically owned and
maintained connection.
25. Water service stubs shall be provided for the six twin home units proposed on Mills
Drive.
26. Additional water main stubs shall be provided at the accesses for Lot 1, Block 4 and Lot
1, Block 5.
27. All water main constructed within the right-of-way in this project shall be publically
owned and maintained. Private sanitary and water main must be constructed to meet the
City's requirements for public utilities.
28. The applicant must show a maintenance access route for the pond at the bottom of Wall
D.
29. The applicant must provide the total disturbed area of the proposed development.
30. Permanent stormwater management controls for Volume, Rate, and Water Quality are
required per the Riley Purgatory Bluff Creek Watershed District (RPBCWD)rules.
31. The applicant must provide a figure clearly identifying the areas to be irrigated with areas
quantified, which is not included in the current plans.
32. The proposed reuse system does not provide sufficient volume reduction per RPBCWD
rules. It is recommended that the irrigation system is revised to provide further volume
reduction.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
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33. The applicant must provide documentation that each of these ponds meets the Level 1, 2,
and 3 criteria per the Minnesota Stormwater Manual to ensure that they will produce the
calculated water quality benefits.
34. The applicant must provide the annual runoff volumes to each wetland for the pre- and
post-project conditions.
35. The applicant must provide further information on the bounce and inundation periods for
each of the identified critical wetlands. The bounce and inundation changes caused by the
project must be in compliance with WCA requirements.
36. The twin home units must pay a water and sanitary service partial hook-up fee when Lot
1, Block 2 and Lot 1, Block 3 are replatted at the rate in place at that time. The
remaining hook-up fees would be paid with the building permits.
37. The developer shall work with the Building Department to determine the City SAC and
WAC fees for commercial and multi-family buildings. The hook-up fees for commercial
and multi-family buildings are due with the building permit at the rate in place at that
time.
38. The developer shall pay this site's portion of the 2005 AUAR costs- which is $25,836.70
with the final plat.
39. Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final
plat. The fee will be based on the commercial rate of$3,600 per acre and a residential
rate of 2,400 per acres.
1
40. The developer shall escrow funds for installation of traffic signals at Sunset Trail, Powers
Boulevard and Audubon Road. The escrow amount shall be based on the Carver
County's cost participation policy as published on their website.
41. The proposed redevelopment will need a Riley-Purgatory—Bluff-Creek Watershed
District(RPBCWD)permit prior to beginning construction activities.
42. It is the applicant's responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project(i.e.,Army Corps of Engineers, DNR,
MnDOT, Carver County, RPBC Watershed District, Board of Water and Soil Resources,
PCA, etc.).
43. A drainage and utility easement shall be placed over Outlot B.
44. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary
Zone to the City.
45. Provide a cross access easement to Lot 4,Block 1
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Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 55 of 59
Landscaping
1. No development encroachment on the Bluff Creek Overlay District primary zone shall be
allowed nor fragmentation of the primary zone area.
2. The access route shall follow the shortest route from Camden Ridge to the proposed
development.
3. The applicant shall submit an overall landscape plan that shows proposed landscaping for
the overall site including items such as parking lots,perimeter, foundation and open
space areas.
4. Parking lot islands shall be linear areas incorporating planting area and stormwater
management.
5. If the applicant chooses to install the minimum requirement sizes of parking lot
landscaping islands, then if the proposed plan remains committed to individual landscape
islands, then silva cells, engineered soil or other accommodations must be used in order
to insure the survival of the trees.
6. No more than 20% of the total trees should be from any one genus and no more than 10%
should be from any one species.
7. A reuse watering system should be considered to irrigate all plantings within the site.
8. Drought tolerant plants shall be incorporate into the overall landscape plan.
9. Proposed landscaping plant materials shall be selected based on site conditions.
10. At a minimum, overall tree cover should be at least 20-25%or higher in commercial
areas and a minimum of 30-35% or higher in residential areas.
11. Any landscaping located within the ROW or the median shall be covered by an
encroachment and maintenance agreement
Park and Trail
1. Incorporate meaningful park-like places, including the provision of appropriate recreation
equipment, site furnishings, and landscaping adjacent to residential components.
2. Preserve the woodlands identified in the Bluff Creek Overlay District. Provide a blanket
trail easement over the entire preserved area to accommodate the installation of natural
surface public trails.
I
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
Page 56 of 59
3. Provide an attractive public trail connection from the north entering the Bluff Creek
Overlay District.
4. Incorporate traffic calming into all pedestrian crossing locations.
5. Full park dedication fees shall be collected per city ordinance in lieu of requiring
parkland dedication.
Building Official Comments
1. The buildings are required to have automatic fire extinguishing systems.
2. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3. Soil evaluation (geo-technical)report required.
4. Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
Fire Department Comments
The east and west bound driving lanes of Bluff Creek Boulevard extending from Powers
Boulevard to the existing Bluff Creek Boulevard be increased from 16 feet to 20 feet curb to
curb. This is in order for emergency apparatus to safely pass cars and trucks once they pull over
and stop.
CUP
"The Chanhassen Planning Commission recommends that City Council approve the
Conditional Use Permit to encroach into the primary zone and required buffer for the
construction of Bluff Creek Boulevard; subject to conditions in the staff report:
1. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary
Zone to the City.
2. The Developer shall provide the city with a management for the area and submit to the city
for review.
3. Monuments indicating the Bluff Creek Overlay District shall be placed at every other
property corner and at an angle of deflection greater than seven percent,but in no case
shall they be greater than 150 feet apart.
4. The developer shall not encroach into the Bluff Creek Primary Zone.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
June 20, 2017
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5. The developer shall comply with the with the 40 foot primary zone setback and preserve or
create a 20 foot buffer from the primary zone.
6. The buffer will be required to have a vegetation management plan and soil amendments.
7. The plans shall be revised to remove any structure in the BCOD.
VARIANCE
"The Chanhassen Planning Commission recommends that City Council deny the Variance
to encroach into the primary zone and required buffer.
WETLAND ALERATION PERMIT
The Chanhassen Planning Commission recommends that City Council approve the Wetland
Alteration Permit to 4.4659 acres of permanent wetland impacts subject to conditions:
• The applicant needs to supply the needed additional information to the city. The additional
information is needed to determine if the project meets the WCA requirements.
• A Technical Evaluation Panel meeting is needed to review the application.
• If the application is deemed to meet the avoidance and minimization criteria of the WCA, a
mitigation plan that adequately replaces wetland functions and values is needed.
• City Staff has reviewed mitigation options. City Staff recommends the applicant provide
wetland mitigation via the purchase of wetland bank credits, at a ratio of 2:1, in accordance
with WCA requirements.
•
• The applicant shall contribute$300,000 to the city for water quality improvement projects
within the watershed.
Wetland Functions and Mitigation
If the project meets the WCA sequencing and shows that the wetland impacts need to occur for
the project(i.e. if the project meets wetland avoidance and minimization requirements), the rest
of the WCA review for this project is dependent on wetland replacement.
The WCA requires that wetland replacement must replace the public value of wetlands lost
because of an impact. The public value of wetlands is generally based on the functions of
wetlands including: water quality, flood water attenuation,public recreation and education, and
fish/wildlife/plant habitats. The WCA uses the Minnesota Routine Assessment Method
(MnRAM) to determine functions and values. The City completed a citywide MnRAM in 2006.
The applicant has completed MnRAM as part of the application process. For the onsite wetlands
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that were previously evaluated by the City,the applicant's MnRAM has either the same result or
a slightly higher quality results for the wetlands.
The table above shows the wetland management categories from the application. The standard
categories that the city uses, which are in conformance with state guidance, is as follows:
• Preserve: These are the highest quality wetlands and have high quality habitat and native
vegetative diversity.
• Manage 1: These are a lower quality than Preserve,but still show high habitat quality and
plant diversity.
• Manage 2: These wetlands have been impacted by stormwater, invasive species, or other
impacts and are lower quality than Manage 1. They likely still provide some habitat and
may have some native plant species.
• Manage 3: These wetlands have been impacted the most and may provide a stormwater
treatment function and have minimal native plants. These are the lowest quality wetlands.
The wetlands proposed to be impacted by the project are either Manage 2 or Manage 3 wetlands.
Some have historically been excavated. These wetlands do not contain a diversity of native
plants. They do provide stormwater and floodplain treatment for downstream wetlands as they
are at the headwaters of the Bluff Creek and Lake Susan watersheds. Downstream waters are
impaired for water quality.
Wetland mitigation that replaces wetland functions and values at a minimum of a 2:1 ratio is
required and can be met in a variety of ways:
• Onsite mitigation: New wetlands are created or restored within a project area. This could
address replacing functions and values in the same area,but the current layout does not
provide opportunity for a reasonable creation or restoration project. Also, creating new
wetlands takes time and there are many factors to consider for its success.
• Replacement in the same subwatershed: New wetlands are created or restored within the
same minor or major subwatershed as the project. This would allow wetland functions
and values to be replaced within the subwatershed where the project is located and the
project layout would not have to be altered to fit mitigation on site. However, a suitable
site would need to be located.
• Purchase of wetland credits from a wetland bank: There are several wetland banks in the
state and applicants can purchase credit from these already created wetland areas. It is
preferred in the WCA rules that a bank within the same bank service area be chosen to
purchase credit for a project.
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• Some combination of these mitigation options: An eligible project can also use a
combination of these mitigation options.
As stated,if the project is determined to have met the avoidance and minimization criteria for the wetland
impact,wetland mitigation for the lost functions and values would be required at a minimum of a 2:1
ratio. Currently,the applicant is proposing mitigation through the purchase of credit from three wetland
banks in Blue Earth, Stevens,and Rice Counties. These banks are in the same bank service area,and only
one is in the same major watershed area.
• In addition to the wetland bank credits,City staff recommends that a condition of approval will
include that the applicant shall contribute$300,000 to the city for water quality improvement
projects within the watershed.
FINDING OF FACT
The Planning Commission also adopts the attached findings of fact and recommendations.
ATTACHMENTS
1. Exhibit A—Avienda Design Standards
2. Application for Development Review— April 14, 2017
3. Development Plans—April 14, 2017, June 13, 2017 and June 14, 2017
4. Application Narrative—April 14, 2017
5. Avienda Design Guidelines—April 13, 2017
6. McComb Group Retail Trends and Shopping Centers—March 2017
7. WSB Stormwater Review—May 1, 2017
8. Review from Riley-Purgatory-Bluff Creek Watershed District—May 1, 2017
9. Army Corp of Engineers letter—May 3,2017
10. Memo from Carver County—May 8, 2017
11. Memo from Minnesota Depart of Transportation - May 4, 2017
12. Findings of Fact
13. Petition from Residents near Avienda development
14. Affidavit of Mailing
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