The URL can be used to link to this page

6 Liberty at Creekside CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227,1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952,227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952,227,1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax 952,227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227,1300 Fax: 952.227.1310 Senior Center Phone 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us Co MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: May 22, 2006 SUBJ: o~, Liberty at Creekside Planning Case #05-24 EXECIDIVE SUMMARY This item was tabled at the April 24, 2006 City Council meeting. ACTION REQUIRED City Council approval requires a majority of City Council present. DISCUSSION The developer has revised the development plans and eliminated the six-unit Premier product line and replaced them with the twin home Premier product line. These units will be interspersed around the project, primarily at the edges. Eliminating the six-unit Premier homes provides views through the neighborhood by creating additional breaks in the new home sites. The overall number of units would remain 146 units in 37 buildings. Attached is a narrative from Shawn Siders to Mayor and City Council addressing the changes to the plan. The developer has revised the use of color on the rear of the four-unit Premier buildings to further delineate each unit. The development will use all six color schemes on the Premier units. Because of the limited number of Concord homes on the site, the developer will use three color schemes for these homes. The developer has provided a perspective of the Liberty at Creekside from the 212 corridor from the closest perspective. The distance between the rear of these homes and the proposed 212 corridor is approximately 250 feet. The developer is proposing splitting the off-street parking areas on private street C. This change will. be more convenient for the future residentsofthe neighborhood. RECOMMENDATION Staff and the Planning Commi ssion recommend adoption of the four motions approving the project as specified on pages 17- 23 in the revised staff report dated March 21, 2006. The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt Liberty at Creekside May 22, 2006 Page 20f2 ATTACHMENTS 1. Letter from Shawn Siders to Mayor and City Council dated May 16, 2006. 2. Liberty at Creekside Preliminary Sketch Plan dated May 8, 2006. 3. Images from Proposed 212. 4. Front Elevation Mission Twin. 5. Rear Elevation Mission Twin. 6. Front Elevation Victorian Twin. 7. Rear Elevation Victorian Twin. 8. Front Elevation Farmhouse Twin. 9. Rear Elevation Farmhouse Twin. 10. Front Elevation Mission Four. 11. Rear Elevation Mission Four. 12. Front Elevation Victorian Four. 13. Rear Elevation Victorian Four. 14. Front Elevation Farmhouse Four. 15. Rear Elevation Farmhouse Four. 16. Concord Front Elevation. 17. Revised Planning Commission Staff Report Dated March 21, 2006. 18. Findings of Fact and Recommendation. 19. Letter from Shawn Siders to Bob Generous dated May 1,2006. 20. 2005 Open Space, Trail and Development Areas. g:\plan\2005 planning cases\05-24 liberty at creekside\executive summary3.doc May 16, 2006 TOWN &: COUNTRY HOMES a K. Hovnanianf Company Mayor and City Council City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen", MN 55317 :RE: Liberty at Creek Side 1&1 'bear M~yor and City Council: Thank you for the opportunity to refine our development plans for the Liberty at Creek Side community. Since our meeting on April 24, 2006, we have challenged ourselves to further distinguish the Liberty at Creek Side neighborhood. Since our discussion, we have revised our development plans and have eliminated the six unit Premier product line and have replaced them with our twin home Premier product line. This significant modification to the development plans will offer enhanced views of the community as you travel through the development or past the development on the new 212 corridor. By eliminating the six unit Premier homes, we have been able to "open up" the views through the neighborhood by creating additional breaks in the new home sites. In addition to the revised development plans, I am also enclosing the front and rear elevations of the two and four unit Victorian, Mission and Farmhouse Premier homes that will be dispersed throughout the community. These three distinct housing styles have enhanced architecture that ensures the appearance of the front and rears of these homes are distinguishable. Since our discussion on April 24th, we have also revised the use of color on the rears of the four unit Premier buildings to further delineate each unit. With respect to the color schemes to be used throughout the community, we are also prepare4 to use all six color schemes on the Premier units. Because of the limited number of Concord homes on the site, we would suggest using three color schemes for these homes. During our previous discussions, there have been many inquiries as to how this community will be "viewed" from the new 212 corridor. We have taken this opportunity to provide a perspective of this community from the 212 corridor. The attached perspective provides a view of the Liberty at Creek Side neighborhood from the closest perspective. The distance between the rears of these homes and the proposed 212 corridor is approximately 250 feet. This perspective highlights the varied architecture that will be used throughout the development as well as the extensive landscaping that will provide an appropriate buffer to these future residents. @ di~~Dr 7615 Smetana Lane, SuRe 180 . Eden Prairie. Minnesota 55344 . Phone 952-944-3455 . Fax 952-944-3437 . www;townandcountryhomesmn-,;com Mlnnesota Builder #20:139403 & #20543466 " City of Chanhassen Liberty at Creek Side May 16, 2006 Page 2 Through the site design that preserves and creates natural features, offers home sites with enhanced views of the natural areas, the introduction of the twin home product line, the distinct architecture and use of color throughout this community, we feel that we have created a unique community that will offer additional life cycle housing opportunities to the current and future residents of Chanhassen. ., I would like to thank the City Council and staff for their collaborative partnership which has challenged Town & Country Homes to create a distinct neighborhood which will be a proud addition to the city of Chanhassen. Thank you for your continued support of the Liberty at Creek Side community and we look forward to your approval on May 22,2006. We will be prepared to discussing these modifications with you in greater detail at our meetinp' Very truly yours, Community Planning Manager Enclosure(s) cc: Kevin Clark, Vice President of Land Development Rick Janssen, Vice President of Land Acquisition I . ~ o ~ i i ! i ~ ~ - /1 // /, / , / I / 1 / /---; , .- ....'.--~:-....""l.....-.f.-...............-. -.1 . 11--' --, , '-..- ...... ! H c...L....l__...i__,._" i o.~ ~~ ... ., ~ '"0 [ i~ -=2 . 0 '" ~o. " g II I ~..~ o 0 "'''' ~ g ~~ ~ > W'" ~q I '-.I ~~ I ".... ~g: / , ~ / '- i l, _ __ _'''''_"-- __._J ~~. :_- r~ ~ -r-- , I I I I ----; I ~ "'-------------.... " " " " " " 1 , ~ ill fir ill UI ~ - rl,l m lIt -l I j!l ft. f '1 I, lit II - 1m 18 i\\~ ~.I~~ ~~. Wm f It I t I , , , , --,----- / ---- o ~ tS I o l!l. I\> ~~~ ~~~lnF!:lli~fiH ~.1 l !! a.; f ~.. ~ =-.1 i s= IQ ~ . ~Q~ ~~~f5:!?I.il[~ ~;f ~; ~l -~~ ~_!~ _-~ .r~1I:I i ~ ~ 9'~ ~ 9 i !I q H ~~ ! ~ ~ I . o~n~~1 ~.. g! iA!Il ~%':i:~~ ::,::~.a:~~ ~te~~~ ~~~~~ ~ ~~t~~ .... ;,l: ~ { g~ ~ S ;";- ~~ ~~ ~ ~ (')t"'I ... .... ~l cn~ .... g-a. f r p.~:Poo~~~t ~~:iil~ """"O:~~ ~It~ ~~~ ~ ~. So ~ ~ ~ !!~ ~t~ l3 ~ ~ ~~n.: ~ ::~;::;::. s'f~t 2 ~. ~ ~ ! o~~~~~~ ;::?::::i:';:ll::tj::l :~} a~><= ;~~ .~. ~ t ~ mml ~~;~S"[ o~~ ,,~ , ~~~;~~ t;'j'l~:;tb~ m~t[ ~t h ~ "- 0, ~~ q ~ lil ~ ~ r ~ ~ fJ g.' f' L d I~ ~ .8 ~~~ ~ I~ >-< . <~ ~o l~ ~ (f) 3 D) ro (1) ~ .., o 3 -c .., o -c o fJ) CD C. N ~ N h ~. ~ d ~ ~ 9 ~ ~ ~ ~ ~ ~ ~ ~ I d I~ ~ .8 ~~~ ~ I~ >-< . <~ ~o l~ ~ (f) -c -. CD 3 -- CD -. :I: o 3 CD en ~ Cir U) o. d h ~. ~ d ~ ~ 9 ~ ~ ~ ~ ~ ~ ~ ~ I d I~ ~ .8 ~~~ ~ I~ >-< . <~ ~o l~ ~ (f) -c -. CD 3 -- CD -. :I: o 3 CD en ~ Cir U) o. d h ~. ~ d ~ ~ 9 ~ ~ ~ ~ ~ ~ ~ ~ I d I~ ~ .8 ~~~ ~ I~ >-< . <~ ~o l~ ~ (f) -c -. CD 3 -- CD -. :I: o 3 CD en ~ ~ ~ o ~ ~r ~ h ~. ~ d ~ ~ 9 ~ ~ ~ ~ ~ ~ ~ ~ I d I~ ~ .8 ~~~ ~ I~ >-< . <~ ~o l~ ~ (f) -c -. CD 3 -- CD -. :I: o 3 CD en ~ ~ ~ o ~ ~r ~ h ~. ~ d ~ ~ 9 ~ ~ ~ ~ ~ ~ ~ ~ I d I~ ~ .8 ~~~ ~ I~ >-< . <~ ~o l~ ~ (f) -c -. CD 3 -- CD -. :I: o 3 CD en ." ~ 3 :r " 1: UJ m h ~. ~ d ~ ~ 9 ~ ~ ~ ~ ~ ~ ~ ~ I d I~ ~ .8 ~~~ ~ I~ >-< . <~ ~o l~ ~ (f) -c -. CD 3 -- CD -. :I: o 3 CD en ." ~ 3 :r " 1: UJ m h ~. ~ d ~ ~ 9 ~ ~ ~ ~ ~ ~ ~ ~ I d I~ ~ .8 ~~~ ~ I~ >-< . <~ ~o l~ ~ (f) -c -. CD 3 -- CD -. :I: o 3 CD en ~ Cir U) o. d h ~. ~ d ~ ~ 9 ~ ~ ~ ~ ~ ~ ~ ~ I d I~ ~ .8 ~~~ ~ I~ >-< . <~ ~o l~ ~ (f) -c -. CD 3 -- CD -. :I: o 3 CD en ~ Cir U) o. d h ~. ~ d ~ ~ 9 ~ ~ ~ ~ ~ ~ ~ ~ I , , .~ ~~ :... ~ d ~ ~ n ~~ ~ ~ B ~ (f) -c -. CD 3 -- CD -. :I: o 3 CD en ~ ~ ~ o ~ ~r ~ h ~. ~ d ~ ~ 9 ~ ~ ~ ~ ~ ~ ~ ~ I d ~ ~ n ~~ ~ ~ B ~ (f) -c -. CD 3 -- CD -. :I: o 3 CD en ~ ~ ~ o ~ ~r ~ h ~. ~ d ~ ~ 9 ~ ~ ~ ~ ~ ~ ~ ~ I d ~ ~ n ~~ ~ ~ B ~ (f) -c -. CD 3 -- CD -. :I: o 3 CD en ." ~ 3 :r " 1: UJ m h ~. ~ d ~ ~ 9 ~ ~ ~ ~ ~ ~ ~ ~ I '1 I.": ~\..,#~ 1 .tI.i,1f 'i'~, "j t _ (~ . ,'~~ 1 - d ~ ~ n ~~ ~ ~ B ~ (f) -c -. CD 3 -- CD -. :I: o 3 CD en ." ~ 3 :r " 1: UJ m h ~. ~ d ~ ~ 9 ~ ~ ~ ~ ~ ~ ~ ~ I . , ~Il r, ~~t r1 J ~"I: ~" ~ , ~ ~'t.r U- \ .I{, y ~ ~~(JI fI~ \ i f a ~'~ \ ~ 'ilII . :\ .. Il IJ J I .' ,.' ~.... ;' 'Ji< I ~ . ,r. '\,~. ;'1' r---1 ~;,'~~~: ~o I"',' f,., 1" ,,,' 16: ( '," i" Q( '( n '0 ~~~ ~ I~~ · ;3 ~ ~-O 1. - o o o ~ n o .., c. ::I: o 3 CD tJJ h N ~ ~ Q c ;:s 62l E" ~ 9 ~ ~ ~ ~ ~ ~ I CITY OF CHANHASSEN PC DATE: March 21, 2006 I3l CC DATE: April 10, 2006, April 24, 2EJ May 22, 2006 REVIEW DEADLINE: June 30, 2006 CASE #: 05-24 BY: AF, RG, LH, ML, JS, ST ~ Z -< U ~ ~ ~ ~ -< -< ~ -< ~ .,~ ~ ~ 00. STAFF REPORT PROPOSAL: Request for Rezoning of property from A-2 to PUD-R; Subdivision of approximately 36.01 acres into ~ 37 lots, 5 outlots, and public right-of-way; Site Plan Approval for 146 townhouses; Conditional Use Permit for alterations within the flood plain and development within the Bluff Creek Overlay District - LffiERTY AT CREEKSIDE. LOCA TION: East of Audubon Road, north of Pioneer Trail and northwest of future Highway 312 (1500 Pioneer Trail) APPLICANT: Town & Country Homes 7615 Smetana Lane, Suite 180 Eden Prairie, MN 55344 (952) 944-3455 PRESENT ZONING: Agricultural Estate District, A2 2020 LAND USE PLAN: Residential- Medium Density (net density range 4.0 - 8.0 units/acre) ACREAGE: 36.01 gross acres 30.09 net acres DENSITY: 4.05 units/acre gross; 4.78 units/acre net SUMMARY OF REQUEST: The applicant is requesting a rezoning to PUD, subdivision and site plan approval to build 146 town homes with a conditional use permit for development within the Bluff Creek Overlay District as well as grading within the floodplain. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings, PUD's, and amendments to PUD's because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, 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 site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi-judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi judicial decision. ,. Location Map Liberty at Creekside Planning Case No. 05-24 1500 Pioneer Trail City of Chanhassen ~ ~ o 0:. c: o ..0 :J "'0 :J <( (1::nt'Y,:>2 Liberty at Creekside March 21, 2006 Page 2 of 24 PROPOSAL/SUMMARY The developer is requesting the rezoning of property from Agricultural Estate District, A-2, to Planned Unit Development - Residential, PUD-R, to permit a 146-unit townhouse development on land guided for residential- medium density uses (net density range 4.0 - 8.0 units per acre); a subdivision of approximately 36.01 acres into ~ 37 lots, 30utlots, and public right-of-way; site plan approval for 146 townhouses consisting of 98 Premier units and 48 Concord units; and conditional use permits for alterations within the flood plain and development within the Bluff Creek Overlay District. The site has a high point of 940 elevation located at the north property line. The site has a low point of 866 elevation adjacent to Bluff Creek which separates the northern and southern halves of the property. The land south of Bluff Creek is located entirely with the Bluff Creek Overlay District Primary Corridor and is proposed as an area for wetland mitigation and to be preserved as open space. To the north of the property is a wooded hill on the Fox parcel that is included in the Bluff Creek Primary Corridor which is intended to be preserved. To the northeast is a ponding and wetland mitigation area for MnDOT and the Highway 312 project. To the south is a future developable area that is guided for residential - medium density and officelindustrial use. The parcel to the south will gain access via Pioneer Trail. The property to the west is being proposed for an 81-lot single-family subdivision. As part of that development, the Bluff Creek Corridor is also being preserved. The initial access to the site will be from the northwest. This roadway crosses two other parcels and, therefore, must be coordinated with the development of those sites. As part of this development, we are also requiring that the developer establish a second means of access to the site. The most logical location is in the vicinity of the current farm road which runs to the north of the property just on the edge of the wooded hill. The developer will need to coordinate with MnDOT the design of this road. The developer will provide a security for the constructieft ef the road, since it cannot be completed until to the Fox parcel to the north develops. f~t that time When the Fox parcel develops, the road will be linked to the 2005 MUSA east-west collector road. The development consists of two housing types: 4 and' 2-unit Premiers and 6-unit Concords. Within each housing type are four alternative living configurations. A color and material pallet will be established for each of the 29 buildings. Staff is recommending that Liberty at Creekside be approved. BACKGROUND On December 8, 2003, the City approved the 2005 MUSA Alternate Urban Areawide Review (AUAR). This document was intended to review and provide mitigation measures for all development within the 2005 MUSA area. At the time of development review, each property within the 2005 MUSA area is required to reimburse the city for their propositional share, based on the land area, of the costs for completion of the AUAR. This property is responsible for $6,285.00 as its portion of the 2005 AUAR. Liberty at Creekside March 21, 2006 Page 3 of 23 APPLICABLE REGUA TIONS Chapter 18, Subdivisions Chapter 20, Article II, Division 2, Amendments Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article N, Conditional Use Permits Chapter 20, Article V, Floodplain Overlay District Chapter 20, Article VI, Wetland Protection Chapter 20, Article VII, Planned Unit Development District Chapter 20, Article XXIII, Division 9, Design Standards for Multifamily Developments Chapter 20, Article XXXI, Bluff Creek Overlay District REZONING The property is guided in the Comprehensive Plan for Residential - Medium Density as well as parks and open space over the Bluff Creek corridor. Appropriate zonings for this land use designation include Planned Unit Development - Residential (PUD-R), Mixed Low Density Residential, if twin homes (R4), Mixed Medium Density Residential (R8) or Low and Medium Density Residential (RLM). The applicant is requesting to rezone approximately 36 acres from A2 to PUD-R, Planned Unit Development-R. The project consists of 146 townhouse units in 29 structures. The review criteria are taken from the intent section of the PUD Ordinance. Section 20-501. Intent Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD in this instance is to permit density clustering for development within the Bluff Creek Overlay District. The use of the PUD zoning also allows for an internal transfer of density. In exchange for this enhanced flexibility, the City has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the other more standard zoning districts. The proposed development provides a compatible development with the surrounding development and preserves the Bluff Creek corridor subject to the recommended modifications to the plan. The proposed rezoning assists in the furtherance of the following land use goals of the City of Chanhassen Comprehensive Plan: . Development will be encouraged within the MUSA line. . The plan should seek to establish sufficient land to provide a full range of housing opportunities. . The city will seek opportunities to provide transitions between different uses of different types. . Development should be phased in accordance with the ability of the city to provide services. Liberty at Creekside March 21, 2006 Page 4 of 23 The proposed rezoning assists in the furtherance of the following housing goals of the City of Chanhassen, Comprehensi ve Plan: . A balanced housing supply with housing available for people of all income levels. . A variety of housing types for people in all stages of the life-cycle. . Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. Staff is proposing the following development standards govern the development of the property. DEVELOPMENT DESIGN STANDARDS Liberty at Creekside Development Standards a. Intent The purpose of this zone is to create a PUD for a townhouse development. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as listed below once a primary use has occupied the site. b. Permitted Uses The permitted uses in this zone shall be limited to townhouses, including twin homes, and their ancillary uses. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on common area Outlots shall be low intensity neighborhood oriented accessory structures to meet daily needs of residents. Such uses may include bus shelter, development signage, garden, gazebo, maintenance shed, picnic shelter or playground equipment. c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Highway 212 Exterior (Perimeter) Lot Lines Front Yard Side Yard (end units) Rear Yard Minimum Driveway length (to back of curb, trail or sidewalk) Hard Surface Coverage Wetland: Buffer and buffer setback Bluff Creek Primary zone boundary Setback Standards 50 feet 50 feet 10 feet 10 feet # 10 feet # 20 feet 30% * 16.5 feet and 40 feet 40 feet with the first 20 feet as buffer , Liberty at Creekside March 21, 2006 Page 5 of 23 # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. * The entire development, including the public and private streets and Outlots, may not exceed 30 percent hard coverage. Individual lots will exceed the 30 percent site coverage. d. Building Materials and Design . Building height shall be limited to 35 feet . Building exterior material shall be a combination of vinyl siding or shake and brick, cut-face block or stone. . No two adjacent structures shall be of the same color scheme. . Colors used shall be varied across color tones. . All units shall utilize minimum timberline 25-year shingles. . Each unit shall have a minimum of one overstory tree within its front landscape yard. . All mechanical equipment shall be screened with material compatible to the building, landscaping or decorative fencing. . Garage doors shall be decorative and have windows. SUBDIVISION REVIEW The applicant is proposing a 29-lot subdivision with two common lots. Because this project is a PUD, there is not a minimum lot area. The overriding restriction is that the development complies with the density requirement of the comprehensive plan (4.0 - 8.0 units per acre), which it does at 5.21 units per acre. This plat configuration creates condominium units of each building. However, the applicant may final plat the lots for individual units rather than by structures, creating up to 146 lots. Preliminary discussions with the developer indicate that they may create individual lots for units in the Premier buildings. Staff is recommending that the common lots be platted as separate outlots and that the Bluff Creek Primary corridor south of the buildings be made in to a separate outlot. BLUFF CREEK OVERLAY DISTRICT The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low-impact practices. This parcel is partially encumbered by the Bluff Creek Overlay District. Bluff Creek runs through the southern third of this property. All structures must maintain a minimum 40-foot setback from the primary corridor. No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor. The area within the Bluff Creek Overlay District south of Bluff Creek has been historically used for agricultural purposes. The applicant should submit a plan for the revegetation of this area that incorporates native plants and is consistent with the City's Bluff Creek Natural Resources Management Plan Appendix C. Special attention should be paid to areas with steep slopes (greater than 3:1). Liberty at Creekside March 21, 2006 Page 6 of 23 FLOODPLAIN Alterations appear to be proposed within a mapped FEMA unnumbered A Zone (lOO-year floodplain). In lieu of a Letter of Map Amendment, LOMA, the applicant will be required to obtain a conditional use permit for alterations within the floodplain. GRADING, DRAINAGE AND EROSION CONTROL Bluff Creek runs through the southwest comer of the 36-acre site. Trees are along the north and south sides of the creek. The area lying south of the creek contains some steep slopes and wetland areas on the west and east side. The northern quarter of the property is a steep, vegetated area. The remainder of the property is a vegetated area with gentle slopes. The property lies within the 2005 MUSA Expansion study area. Kimley-Hom completed a study on the 2005 MUSA area which included street system analysis and proposed trunk utility alignments. Access to the proposed development will be from a local street that will extend the east-west collector identified in the report. The northern portion of this street lies outside of the plat boundary; therefore, the developer must coordinate the location and elevation of the western street connection with the Pioneer Pass development to the west. The developer proposes to develop the area north of the creek. Due to the 70-foot drop in elevation from the northern plat boundary to the edge of the Bluff Creek Overlay District Line, the entire area north of the Overlay District Line will be mass graded, with the exception of the portion of the property in the extreme northwest comer of the site. The proposed grading plan identifies a storm water pond on the east side of the property, berms in the southeast comer and retaining walls at the north property line (two-tiered), within Common Lot 18, Block 2 (a portion of which is two-tiered), south of Street A, north of Lot 12, Block 1, and south of Lots 5 and 6, Block 1. Staff will work with the developer's engineer to limit the number and height of retaining walls within the site. The grading plan must show the proposed top and bottom of wall elevations for all retaining walls. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. The developer proposes to install storm sewer throughout the site to convey runoff from the development to the proposed pond. Staff will review hydrology calculations prior to final plat approval. The style of home and lowest floor elevation must be noted on the grading plan. Typical sections for each housing style must be shown on the final grading plan. The final grading plan must be 50 scale so that staff can complete a full review of the proposed grading. Bluff Creek runs through the southern third of this property. Protection of Bluff Creek from erosion and sediment discharge during all phases of construction is essential. Liberty at Creekside March 21, 2006 Page 7 of 23 STORM WATER POLLUTION PREVENTION PLAN A storm water pollution prevention plan (SWPPP) is needed for the development and must be completed prior to applying for the National Pollutant Discharge Elimination System permit. It is recommended the SWPPP be submitted to the City and the Carver Soil and Water Conservation District (CSWCD) for review prior to final approval. Erosion Control A stable emergency overflow (EOF) is needed for the proposed pond. The EOF could consist of riprap and geotextile fabric or a turf re-enforcement mat (a permanent erosion control blanket). A typical detail should be included the plan. It is unclear how the contractor will gain access to and between wetland mitigation areas. A temporary creek crossing may be needed unless access can be gained from the west or south. The plans should show paths of access to both wetland mitigation areas as well as all erosion controls and restoration practices. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. Sediment Control Curbside inlet control details are needed. Wimco-type inlet controls should be used and installed within 24 hours of installation. Typical building lot controls should be shown on the plan. These controls should include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the certificates of occupancy. The proposed storm water pond should be used as a temporary sediment basin during mass grading. The pond should be excavated prior to disturbing up gradient areas. Diversion berms or ditches may be needed to divert water to the pond and a temporary pond outlet is needed. The outlet could be a temporary perforated standpipe and rock cone. A detail is needed for the Liberty at Creekside March 21, 2006 Page 8 of 23 temporary pond outlet. Additional temporary sediment basins may be needed or an alternate location may be needed depending upon site conditions during rough grading. Storm Water Management It is recommended that the ultimate outlet from the site to Bluff Creek be adjusted to discharge water parallel to the creek flow; presently the outlet is shown to discharge water perpendicular to the flow and could increase bank erosion of the creek. The outlet should be turned to the southeast to align with the creek. Drainage and utility easements (minimum 20 feet in width) should be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. An easement adequate to provide access to the pond for maintenance purposes is needed and should be shown on the plan. SURFACE WATER MANAGEMENT FEES Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on townhome development rates of $3,100/acre. Based on the proposed developed area of approximately 35.58 acres, the water quality fees associated with this project are $110,298. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Medium density residential developments have a connection charge of $4,400 per developable acre. This results in a water quantity fee of approximately $156,552 for the proposed development. SWMP Credits This project proposes the construction of one NURP pond. The applicant will be credited for water quality where NURP basins are provided to treat runoff from the site. This will be determined upon review of the ponding and storm sewer calculations. Credits may also be applied to the applicant's SWMP fees for oversizing in accordance with the SWMP or the provision of outlet structures. No credit will be given for temporary pond areas. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $266,850. Other Agencies The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Liberty at Creekside March 21, 2006 Page 9 of 23 Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Minnesota Department of Transportation) and comply with their conditions of approval. WETLANDS Existing Wetlands Two AglUrban wetlands exist on site. Westwood Professional Services, Inc. delineated the wetlands in May 2004. Wetland A is a Type 2/3 wetland located in the southwest corner of the property. The wetland is dominated by reed canary grass. No wetland impact is proposed. Wetland B is a Type 1/2 wetland adjacent to Bluff Creek that runs through the southern half of the property. The wetland is dominated by reed canary grass and box elder. No wetland impact is proposed. On May 12, 2004, City staff conducted an on-site review of the wetland delineation. The wetland boundary shown on the plans is consistent with staff recommendation. Wetland Creation Plans for Liberty on Bluff Creek, a nearby project proposed by the applicant for this project, rely upon the construction of two wetland mitigation areas on this site. The wetland mitigation for Liberty OR Bluff Creek must be constructed prior to or COFlcurreRt with ':/otland impacts on the Liberty OR Bh:lff Creek project. Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420) and the conditions of the Wetland Alteration Permit for Liberty on Bluff Creek. The applicant received permission from the Army Corps of Engineers to complete the required compensatory mitigation for wetland impacts on Liberty on Bluff Creek within 1 year of the authorized fill as long as the LGU (the City of Chanhassen) receives a letter of credit adequate to cover the cost of mitigation if the developer does not construct the mitigation. The City received a letter of credit in the amount of $28,459 for this purpose. The wetland mitigation for Liberty on Bluff Creek must be complete within one year of the authorized fill on Liberty on Bluff Creek. Wetland buffers 16.5 to 20 feet in width (with a minimum average of 16.5 feet) must be maintained around Wetlands A and B and the constructed wetland mitigation areas. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures shall maintain a minimum 40-foot setback from the edge of the wetland buffer. Wetland Issues Liberty at Creekside March 21, 2006 Page 10 of 23 The applicant has proposed a secondary access through the MnDOT Right-Of-Way (ROW) to the north in the northeast portion of the property. This connection will impact the wetland mitigation that MnDOT intends to create within their ROW in this area, especially the mitigation of Type 7 wetlands. The applicant will be responsible for creating or securing sufficient wetland mitigation for MnDOT that will meet all conditions imposed on MnDOT and will be responsible for any and all fees associated with the redesign of the wetland mitigation areas in MnDOT ROW. The applicant should work closely with the City and MnDOT to ensure all conditions are met. BLUFFS Several areas on the property have been identified as areas with steep slopes (slopes greater than or equal to 30%). The plans should be revised to show bluff areas (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe). All bluff areas must be preserved. In addition, all structures must maintain a minimum 30-foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). LANDSCAPING AND TREE PRESERVATION Tree canopy coverage and preservation calculations for the Liberty at Creekside development are as follows: Total upland area (excluding wetlands and bluffS) Total canopy area (excluding wetlands and bluffS) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree preservation 30.87 acres 5.40 acres 17.5% 20 % or 6.2 acres 14.2% or 4.39 acres Developer does not meet minimum canopy coverage allowed; therefore the difference is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage (5.4-4.39) 1.01 acres Multiplier 1.2 Total replacement area 1.21 acre or 52,795 SF Total number of trees to be planted 48 trees Replacement required to meet 20% cover 32 trees (6.2-5.4)/1089 SF) A total of 80 trees are required for reforestation in the development. Applicant is proposing a total of 260 trees as a part of the landscaping plan. Additional landscaping required for the development includes buffer yard plantings along the east property line. The following table summarizes the minimum requirements: East property line - bufferyard B, 495' Required 4 overstory 8 understory Proposed 13 overstory 21 understory Liberty at Creekside March 21, 2006 Page 11 of 23 30' width East property line - bufferyard B, 707' 15' width 12 shrubs 14 overstory 28 understory 42 shrubs 32 shrubs 14 overstory 28 understory 42 shrubs Applicant meets minimum requirements for the bufferyard landscaping. Additional comments concerning landscaping and tree preservation include the need to extend fencing around the entire wetland mitigation areas that will be constructed on the south side. This fencing will protect the adjacent wooded areas. Fencing shall also be installed on either side of a single designated access road connecting the two mitigation areas so that during the construction of the ponds disturbance to the existing wetland is kept to one access road. The applicant will implement a restoration plan for the Bluff Creek Overlay District. The plan previously submitted to city staff for approval, dated 9/29/05 and titled 'Preliminary Offsite Upland Planting Plan' includes 75 bare-root trees including basswood, sugar maple, and red oak and MNDOT seed mixes 325 and 350. All trees shall be installed with tree tubes and mesh covers and mulched. The applicant shall submit full-sized plans with the final plat. IDILITIES Trunk sanitary sewer and watermain to serve the proposed development will be constructed with the 2005 MUSA Expansion Improvements, City Project 04-05. The proposed lateral watermain and sanitary sewer within the site cannot be extended until the trunk utilities have been installed. Lateral watermain will be stubbed to the northern stub of Street B and will be extended to the north when the Fox property develops. Each new lot is subject to the sanitary sewer and water hookup charges and the SAC charge at the time of building permit. The 2006 trunk hookup charge is $1,575.00/unit for sanitary sewer and $4,078.00/unit for watermain. The SAC charge is $1,625.00/unit. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. STREETS The site plan identifies two road connections to the development: one from the Pioneer Pass property to the west and one from the Fox property to the north. The developer's engineer must coordinate the site design for Liberty at Creekside with the preliminary design of Pioneer Pass, as shown on the drawings. Staff does not support the northern street connection to the Fox property. This access must be shifted to the east to the MNDOT right-of-way parcel and shall extend to the north property line of the MNDOT right of way parcel. The developer proposes to construct the following public streets: Liberty at Creekside March 21, 2006 Page 12 of 23 . Street A, an east-west, 31-foot wide local street within a 60-foot wide right-of-way, and . Street B, a north-south, 31-foot wide local street within a 60-foot wide right-of-way. The site plan includes a 24-foot wide private street to serve Lots 5-10, Block 1. A 31-foot wide private cu-de-sac is proposed to serve Lots 1-9, Block 2. The proposed private cul-de-sac will be 91 feet in diameter, which meets the City's minimum standard for a cul-de-sac. The proposed private cul-de-sac is 500 feet long, which meets the ordinance requirements. Private stub streets will be constructed to serve Lots 10-17, Block 2. The developer has indicated that Lots 13 and 14 will be reoriented so that the front ofthe units will face north and south. The final plans must show the new orientation. The developer proposes to construct five-foot wide concrete sidewalks on the north side of Street A and the west side of Street B. A lO-foot wide bituminous trail will be constructed along the north side of the creek. The site plan and final grading plan must identify this trail. PARKS AND RECREATION Parks The proposed Liberty at Creekside subdivision is located within the 2005 MUSA area at the edge of Bluff Creek and is proposed to be developed into 146 residential town homes. The city's Comprehensive Park Plan calls for one acre of usable park space to be set aside for every 75 residents. Liberty at Creekside, as proposed, will result in an estimated 292 new residents moving into Chanhassen. Therefore, this subdivision generates the need for 3.89 acres of new parkland. However, the Comprehensive Plan also recognizes that building a small park in every residential subdivision is undesirable and would result in an unmanageable municipal park system. To this end, the plan calls for neighborhood parks to be centrally located within housing regions with a maximum distance of one mile between neighborhood parks. This pooling of resources and land in order to centrally locate parks in specific park service areas results in the efficient use of limited capital and long-term maintenance dollars. In the case of the Liberty at Creekside proposal, the City is planning to provide neighborhood park amenities at a location approximately one-half mile to the west and south. Therefore, the City will be seeking park fees in lieu of land dedication as a condition of this subdivision. Trails A variety of pedestrian improvements should be incorporated into the proposed Liberty at Creekside plat. Foremost is a ten-foot wide asphalt trail to be constructed adjacent to and paralleling the Bluff Creek Corridor. This important trail will need to be constructed on the north side of Bluff Creek at this location. This trail is currently not reflected in the plans submitted by the applicant. A rough sketch depicting the alignment for the creek trail was faxed to the applicant on February 9,2006. Below is the applicant's preferred alignment. Additional pedestrian trails, sidewalks, and trail connectors also need to be incorporated into the project as required, including a sidewalk connection through the end of private street B. Design, engineering, installation and testing costs associated with these pedestrian improvements are the Liberty at Creekside March 21, 2006 Page 13 of 23 responsibility of the applicant. The city will reimburse the applicant for the cost of construction materials only for the ten-foot wide Bluff Creek Trail. This reimbursement payment shall be made upon completion and acceptance of the Bluff Creek Trail and receipt of an invoice documenting the actual costs for the construction materials utilized in construction of this trail segment. Preferred Trail Alignment LOT INFORMATION TABLE Area (SQ. ft.) Width (ft.) Depth (ft.) Housin2: TVDe Ll Bl 10,811 130 85 Premier 4-unit L2Bl 10,958 132 86 Premier 4-unit L3 Bl 11 ,263 136 88 Premier 4-unit UBI 10,623 124 86 Premier 4-unit L5 Bl 10,624 126 85 Premier 4-unit L6Bl 10,447 126 85 Premier 4-unit L7Bl 10,577 120 83 Premier 4-unit L8 Bl 14,365 173 83 Premier 6-unit L9Bl 13,458 130 85 Premier 4-unit LlO Bl 13,126 132 85 Premier 4-unit L11 Bl 14,568 176 83 Premier 6-unit L12 Bl 14,484 175 83 Premier 6-unit Common Lot 13 853,879 (19.6 ac.) Ll B2 10,306 124 83 Premier 4-unit L2B2 14,709 152 84 Premier 6-unit Liberty at Creekside March 21, 2006 Page 14 of 23 , Area (SQ. ft.) Width (ft.) Depth (ft.) Housin2 Type L3B2 14,919 180 83 Premier 6-unit L4B2 10,382 118 83 Premier 4-unit L5B2 10,647 122 88 Premier 4-unit L6B2 11,869 147 88 Premier 4-unit L7B2 14,526 185 83 Premier 6-unit L8B2 14,448 154 84 Premier 6-unit L9B2 10,968 132 83 Premier 4-unit LlO B2 10,821 173 63 Concord 6-unit Lll B2 10,821 173 63 Concord 6-unit L12 B2 10,821 173 63 Concord 6 L13 B2 10,821 173 63 Concord 6 L14 B2 10,821 173 63 Concord 6 LIS B2 10,821 173 63 Concord 6 L16 B2 10,821 173 63 Concord 6 L17 B2 10,821 173 63 Concord 6 Common Lot 18 220,278 (5.06 ac.) Outlot A 18,814 (0.43 ac.) ROW 106,286 (2.44 ac.) Total 1,568,596 (36.01 ac.) GENERAL SITE PLAN/ARCHITECTURE The developer is proposing two housing products: Concord and Premier. The Concord product comes in four housing types ranging in size from 1,675 to 2,365 square feet. Each building consists of six units. The Concord is proposed as a lookout structure. Each unit has a two-car, rear-loaded garage. Each unit has a front stoop connected to a sidewalk system. There are eight Concord Buildings being proposed. The Premier product also comes in four housing types each with three levels of living area and ranging in size from 1,550 to 1,795 square feet. Buildings come in four and six-unit configurations. The Premier is proposed as either a full basement or walkout structure. There are a total of 21 Premier Buildings being proposed - 14 four-unit and 7 six-unit structures. Sec. 20-1088. Architectural style. . Architectural style shall not be restricted. Evaluation of the appearance of a project shall be based on the quality of its design and in relationship to its surroundings, guided by the provisions of this section. Site characteristics to be evaluated for this purpose include building and landscaping, colors, textures, shapes, massing of rhythms of building components and detail, height of roof line, setback and orientation. Designs that are incompatible with their surroundings or intentionally bizarre or exotic are not acceptable. . Monotony of design, both within projects and between adjacent projects and its surroundings, is prohibited. Variation in detail, form, and sighting shall provide visual Liberty at Creekside March 21, 2006 Page 15 of 23 interest. Site characteristics that may be used for this purpose include building and landscaping, colors, textures, shapes, massing of rhythms of building components and detail, height of roof line, setback and orientation. . All building shall have a minimum of 20 percent of accent material. Accent material may include brick, stone cut face block or shakes. The use of any EFIS shall not be on the first story of any building or one story in height. Finding: The proposed development has been well sited within the site. It attempts to fit into the environment in which it is located including incorporating the site topography in building layouts, terracing down to Bluff Creek. The buildings offer much variety including colors, finishes, roof lines and materials. The buildings are oriented in multiple vectors to provide varying site lines and building elevations. Sec. 20-1089. Land use. All development shall create a unified design of internal order that provides desirable environments for site uses, visitors and the community. The following design elements shall be incorporated into a project: . The project shall create a unique neighborhood identity. . Creation of interconnecting neighborhoods in collaboration with adjoining landowners (street, walkways, preservation of natural features, parks and gathering places). . Each neighborhood has a focal point or gathering place including parks, greens, squares, entrance monuments, historic structures (silos/barns) or public furniture (gazebos, benches, pergolas). Community features may include: landscaping, lighting, benches, tables . Recreation facilities (playgrounds, tot lots, swimming pools and gardens). . Diversity of product type and design to accommodate different age groups and individuals in different socio-economics circumstances. . Broad variety of housing choices--twin homes, row houses, town homes, flats above garages, apartments over shops, garden apartments, senior living opportunities and condominiums. Findings: The project creates its own little unique enclave. Tucked away within the Bluff Creek Corridor with preserved natural areas on its north, south and west, this neighborhood is isolated, yet connected through roads and trails, to the rest of the community. Common areas around private street B and between Lots 6 and 7, Block 2 provide opportunities for focal points or gathering places. There are potentially up to 16 different living area configurations within the project, providing diversity in housing types to accommodate many different individuals. Sec. 20-1090. Curb appeal. To encourage roadway image or curb appeal projects shall create a variety of building orientation along the roadways; attractive streetscape and architectural detail. All projects shall incorporate two or more of the following design elements: Liberty at Creekside March 21, 2006 Page 16 of 23 . Orientation to the street or access road: · Setbacks · Spacing between buildings and view sheds. . Architectural detail/decorative features. · Windows. · Flower boxes. · Porches, balconies, private spaces. · Location and treatment of entryway. · Surface materials, finish and texture. · Roof pitch. · Building height and orientation. . Location of garages. . Landscaping including fencing and berming. . Street lighting. . Screening of parking, especially in apartment and condominium developments. . Variations/differentiations in units including, but not limited to, color, material, articulation etc. Findings: The proposed development has been well sited within the site. It attempts to fit into the environment in which it is located including incorporating the site topography in building layouts, terracing down to Bluff Creek. The buildings offer much variety including colors, finishes, roof lines and materials. The buildings are oriented in multiple vectors to provide varying site lines and building elevations. Sec. 20-1091. Transportation diversity. All developments shall be incorporate multi-modal transportation including two or more of the following elements: . Streets with trails incorporated. . Off road trials and bike paths. . Provisions for mass transit with bus stops and shelters incorporated into the developments. . Sidewalk connecting internal developments. · Undulating sidewalks. Use of pavers or stamped concrete. · On-street parking and use of roundabouts. · Landscaped boulevards or medians. Findings: The proposed development offers two directions of access to the site as well as walking and biking opportunities in both sidewalks and its connection to the Bluff Creek Trail system. Sec. 20-1092. Integration of parks, open space, natural historic or cultural resources. . Integrate nature and wildlife with urban environment. · Trails and sidewalks. Liberty at Creekside March 21, 2006 Page 17 of 24 · Vistas. · Historic features. . Preservation of natural features that support wildlife and native plants (slopes, trees, wetlands). Findings: The proposed development is preserving the Bluff Creek Overlay District in the southern half of the site. In addition, trail connections to the Bluff Creek Trail system are proposed. The units in Lot 14, Block 2, as well as individuals on the sidewalk will have an overlook into the Bluff Creek Corridor. The terracing of the site provides additional opportunities for residents to overlook the Bluff Creek Corridor. RECOMMENDATION Staff and the Planning Commission recommend8 that the City Council PlaRRiRg C8mmissi8R adopt the following four motions and adoption of the attached findings of fact and recommendation: A. "The Chanhassen City Council approves Planning C€!:mmlssi€m r@@€!lllill@ntis tlIlpr€!':al €If the Rezoning of the property located within the Liberty at Creekside development with the exception of Outlot A and the Bluff Creek Overlay District Primary Zone (Outlot D), from Agricultural Estate District (A-2) to Planned Unit Development - Residential (PUD - R) incorporating the development design standards contained within this staff report." B. "The Chanhassen City Council approves Planning C€lmmis8i€!n F@@€!mIR@ntis appr€!!:al €If the Preliminary Plat for Liberty at Creekside, plans prepared by Westwood Professional Services, Inc., dated June 17,2005, revised February 3, 2006, revised April 6, 2006, which may also be revised to incorporate lots around each dwelling unit ,subject to the following conditions: 1. The applicant shall prepare a noise analysis for noise that will be generated by traffic on Highway 312. The analysis shall identify appropriate noise mitigation measures to meet noise standards for residential homes as specified by the Minnesota Pollution Control Agency, which shall be implemented by the developer. 2. The developer shall provide a design plan that shows the color and architectural detail for each unit on the site for final plat approval. 3. The developer shall pay $6,285.00 as their portion of the 2005 AUAR. 4. The developer shall revise the plat to incorporate the twin home units as shown on the plan dated May 8, 2006 ti@signat@ C€!mm€!n L€!ts 13 anti 18 as OYM€!ts. 5. The developer shall establish a separate outlot(s) for the land within the Bluff Creek Overlay District primary zone. 6. Dedication of the Bluff Creek Overlay District primary zone shall be made to the city or a conservation easement shall be established over said outlot(s). Liberty at Creekside March 21, 2006 Page 18 of 23 7. The wetland mitigation for Liberty on Bluff Creek shall be complete within one year of the authorized fill on Liberty on Bluff Creek. 8. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420) and the conditions of the Wetland Alteration Permit for Liberty on Bluff Creek. 9. Wetland buffers 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetlands A and B and the constructed wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures shall maintain a minimum 40-foot setback from the edge of the wetland buffer. 10. Due to a secondary access through the MnDOT right-of-way (ROW) to the north in the northeast portion of the property, the applicant will be responsible for creating or securing sufficient wetland mitigation for MnDOT that will meet all conditions imposed on MnDOT and will be responsible for any and all fees associated with the redesign of the wetland mitigation areas in MnDOT ROW. Final plat approval shall not be granted until the wetland mitigation plan has been received and approved by the City and MnDOT. 11. The plans shall be revised to show bluff areas (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe). All bluff areas shall be preserved. In addition, all structures shall maintain a minimum 30-foot setback from the bluff and no grading shall occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). 12. All structures shall maintain a minimum 40-foot setback from the primary corridor. No alterations shall occur within the primary corridor or within the first 20 feet of the setback from the primary corridor. 13. The applicant shall submit a plan for the revegetation of the farmed area south of Bluff Creek that incorporates native plants and is consistent with the City's Bluff Creek Natural Resources Management Plan Appendix C. Special attention shall be paid to areas with steep slopes (greater than 3: 1). 14. Alterations appear to be proposed within a mapped FEMA unnumbered A Zone (100- year floodplain). In lieu of a LOMA, the applicant shall obtain a conditional use permit for alterations within the floodplain. 15. A storm water pollution prevention plan (SWPPP) shall be developed for the development and shall be completed prior to applying for the NationalPollutant Discharge Elimination System permit. 16. A stable emergency overflow (EOF) shall be provided for the proposed pond. The EOF could consist of riprap and geotextile fabric or a turf re-enforcement mat (a permanent erosion control blanket). A typical detail shall be included the plan. Liberty at Creekside March 21, 2006 Page 19 of 23 17. The plans shall show paths of access to both wetland mitigation areas as well as all erosion controls and restoration practices. 18. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Tvpe of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10:1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 19. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 20. The applicant shall provide details for curbside inlet control. Wimco-type inlet controls shall be used and installed within 24 hours of installation. 21. Typical building lot controls shall be shown on the plan. These controls may include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the certificates of occupancy. 22. The proposed storm water pond shall be used as a temporary sediment basin during mass grading. The pond shall be excavated prior to disturbing up gradient areas. Diversion berms or ditches may be needed to divert water to the pond and a temporary pond outlet is needed. The outlet could be a temporary perforated standpipe and rock cone. A detail for the temporary pond outlet shall be included in the plans. Additional temporary sediment basins may be needed or an alternate location may be needed depending upon site conditions during rough grading. 23. The ultimate outlet from the site to Bluff Creek shall be turned to the southeast to align with the creek. 24. Drainage and utility easements (minimum 20 feet in width) should be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. An easement adequate to provide access to the pond for maintenance purposes is needed and should be shown on the plan. 25. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $266,850. Liberty at Creekside March 21, 2006 Page 20 of 23 26. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Minnesota Department of Transportation) and comply with their conditions of approval. 27. Tree protection fencing shall be installed prior to construction around all areas designated for preservation and/or at the edge of proposed grading limits. 28. Silt fence or tree protection fencing shall be installed at the edge of grading around both wetland mitigation areas. 29. A fenced access road will lead from the east mitigation area to the west mitigation area. This will be the only access allowed to the western site. Fencing shall be placed on either side of the access lane. After construction, the access lane shall be restored according to the 'Preliminary Offsite Upland Planting Plan'. 30. A walk-through inspection of the silt/tree preservation fence shall be required prior to construction. 31. No burning permits shall be issued for tree removal. All trees removed on site shall be chipped and used on site or hauled off. 32. The applicant shall implement the 'Preliminary Offsite Upland Planting Plan' dated 9/29/05 for restoration within the Bluff Creek Overlay District. 33. The applicant shall submit a full sized 'Preliminary Offsite Upland Planting Plan' with final plat submittal. 34. A turf plan shall be submitted to the city indicating the location of sod and seeding areas. 35. The developer shall pay full park dedication fees at the rate in force upon final plat approval in lieu of parkland dedication. 36. The applicant shall provide all design, engineering, construction and testing services required of the "Bluff Creek Trail." All construction documents shall be delivered to the Park and Recreation Director for approval prior to the initiation of each phase of construction. The trail shall be ten feet in width, surfaced with bituminous material and constructed to meet all City specifications. The applicant shall be reimbursed for the actual cost of construction materials for the Bluff Creek Trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials utilized in its construction. 37. The developer shall provide a sidewalk connection to the Bluff Creek trail through private street B. Liberty at Creekside March 21, 2006 Page 21 of 23 38. The developer must coordinate the location and elevation of the western street connection with the Pioneer Pass (Peterson Property) and Degler property developments to the west and northwest. 39. The height and length of retaining walls must be reduced to the maximum extent possible. 40. The top and bottom of wall elevations must be shown on the final grading plan. 41. A building permit is required for any retaining walls four feet high or taller. These walls must be designed by a Structural Engineer registered in the State of Minnesota. 42. The style of home and lowest floor elevation must be noted on the grading plan. 43. Typical sections for each housing style must be shown on the final grading plan. 44. The final grading plan must be 50 scale so that staff can complete a full review of the proposed grading. 45. The developer must verify the invert elevation of the sanitary sewer connection that will be constructed with the 2005 MUSA Improvement Project. 46. The development may not proceed until the Phase II 2005 MUSA utility extension project has been awarded. 47. Each new lot is subject to the sanitary sewer and water hookup charges and the SAC charge at the time of building permit. The 2006 trunk hookup charge is $1,575.00/unit for sanitary sewer and $4,078.00/unit for watermain. The SAC charge is $1,625.00/unit. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit Issuance. 48. The northern access (currently shown to the Fox property) must be shifted to the east to the MNDOT right-of-way parcel. Prior to final plat approval, the developer must contact the Fox family to coordinate the elevation of the northern street connection at their property line. 49. The Arterial Collector Fee shall be paid with the final plat. The 2006 fee is $2,400/developable acre. 50. The final plans must show the new orientation for Lots 13 and 14, Block 2. 51. The site plan and final grading plan must identify the proposed lO-foot wide bituminous trail. Liberty at Creekside March 21, 2006 Page 22 of 23 C. "The Chanhassen City Council approves PhmRiRg C8mmi88i8R ree8mmeRes aflflf8':al 8f Site Plan for 146 townhouses, plans prepared by Westwood Professional Services, Inc., dated June 17, 2005, revised February 3, 2006, revised April 6, 2006, subject to the following conditions: 1. The developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The developer shall provide a design plan that shows the color and architectural detail for each unit on the site for final plat approval. 3. Walls and projections within 3 feet of property lines are required to be of one-hour fire- resistive construction. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 5. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 6. Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section 501.4. 7. A fire apparatus access road shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all-weather driving capabilities. Pursuant to Minnesota Fire Code Section 503.2.3. 8. Fire apparatus access road and water supplies for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 9. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 10. Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 11. "No Parking Fire Lane" signs will be required on the private streets. Contact Chanhassen Fire Marshal for exact location of sign. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #06-1991. 12. Staff will work with the developer on materials, colors and diversity. 13. The developer shall incorporate the twin home units as proposed in the sketch plan dated May 8, 2006." Liberty at Creekside March 21, 2006 Page 23 of 23 D. "The Chanhassen City Council approves Plmulillg C€Hnmi88isll reesmmell88 afJ~rs':al sf Conditional Use Permit for alterations within the flood plain and development within the Bluff Creek Overlay District subject to the following conditions: 1. the applicant shall implement the 'Preliminary Offsite Upland Planting Plan' dated 9/29105 for restoration within the Bluff Creek Overlay District. 2. The applicant shall submit a full-sized 'Preliminary Offsite Upland Planting Plan' with final plat submittal. 3. The wetland mitigation for Liberty on Bluff Creek shall be constructed prior to or concurrent with wetland impacts on the Liberty on Bluff Creek project. 4. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420) and the conditions of the Wetland Alteration Permit for Liberty on Bluff Creek. 5. Wetland buffers 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetlands A and Band the constructed wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures shall maintain a minimum 40-foot setback from the edge of the wetland buffer. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Extension Letter from Shawn Siders to Bob Generous dated January 9,2006. 4. Reduced Copy Preliminary Plat. 5. Reduced Copy Site Plan. 6. Concord Collection Product Elements. 7. Concord Elevation. 8. Premier Collection Product Elements. 9. Premier Building Elevations. 10. Revised Preliminary Plat Submission for Liberty at Creekside dated 6/14/05. 11. Northern Street Connection Schematic. 12. Liberty at Creekside Site Section. 13. Letter from Aaron Mlynek, SWCD, to Kate Aanenson dated 2/23/06. 14. Memo from Mark Littfin to Robert Generous dated 2/23/06. 15. Letter from Juanita Voigt, MnDOT, to Bob Generous dated 7/27/05. 16. Public Hearing Notice and Mailing List. g:\plan\2005 planning cases\05-24 liberty at creekside\staff report revised pud,doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Town & Country Homes: Rezoning of property from A-2 to PUD-R; Subdivision of approximately 36.01 acres into 37 lots, 5 outlots, and public right-of-way; Site Plan Approval for 146 townhouses; and Conditional Use Permit for alterations within the flood plain and development within the Bluff Creek Overlay District. The property is located east of Audubon Road, north of Pioneer Trail and northwest of future Highway 312 (1500 Pioneer Trail) - LIBERTY AT CREEKSIDE. On March 21, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Town & Country Homes for a townhouse project. The Planning Commission conducted a public hearing on the proposed Planned Unit Development preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District, A2. 2. The property is guided in the Land Use Plan for Residential- Medium Density uses. 3. The legal description of the property is: (See attached Exhibit A). 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensi ve Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. 1 e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e. The proposed subdivision will not cause significant adverse environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: (1) Lack of adequate storm water drainage. (2) Lack of adequate roads. (3) Lack of adequate sanitary sewer systems. (4) Lack of adequate off-site public improvements or support systems. 6. When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: a. The proposed development will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed development will be consistent with the objectives of the city's comprehensive plan and this chapter. 2 c. The proposed development will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed development will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed development will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f The proposed development will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed development will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 1. The proposed development will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. The proposed development will be aesthetically compatible with the area. k. The proposed development will not depreciate surrounding property values. 1. The proposed development will meet standards prescribed for certain uses as provided in Chapter 20, Articles N, V and VI of the Chanhassen City Code. 7. Site Plan Review requires that the proposed development: a. Is consistent with the elements and objectives of the City's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b. Is consistent with Chapter 20, Article II, Division 6, Site Plan Review of the Chanhassen City Code; c. Preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; 3 d. Creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; e. Creates a functional and harmonious design for structures and site features, with special attention to the following: (1) An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; (2) The amount and location of open space and landscaping; (3) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and (4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. f. Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 8. The planning report #05-24 dated March 21,2006, prepared by Robert Generous, et aI, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Rezoning of property from Agricultural Estate District, A-2, to Planned Unit Development - Residential, PUD- R; Subdivision of approximately 36.01 acres into 29 lots, 5 outlots, and public right-of-way; Site Plan Approval for 146 townhouses; and Conditional Use Permit for alterations within the flood plain and development within the Bluff Creek Overlay District. ADOPTED by the Chanhassen Planning Commission this 21 st day of March, 2006. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 4 ~ TOWN & COUNTRY HOMES a K. Homanian. Company May 1, 2006 Mr. Bob Generous Senior Planner City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 RE: Liberty at Creek Side Dear Mr. Generous: This letter will serve as Town & Country Homes request to extend the approval period for the Liberty at Creek Side development until June 30, 2006. It is our intention to modify the application and submit those items to the city for consideration at the May 221 2006 City Council meeting. Thank you for your continued cooperation. If you have any questions or concerns, please do not hesitate to contact me at 952-253-0460. Shawn Siders Community Planning Man cc: Kevin Clarki Vice President of Land Development Rick Janssen, Vice President of Land Acquisition Gl Jfpr;;{I;I~;~\ 7615 Smetana lane. Suite 180 . Eden Prairie, Minnesota 55344 . Phone 952-944-3455 . Fax 952-944-3437 . www,townandcountryhomesmn com Minnesota Builder #20539403 & #20543466 r~--(;.-' .I I "". "~ r \ '", I :' r \ I ''-... j r 'j .i C. ~~~-- "'-, ~-- \ ..~.> /'. \.i :' / i i r~<)\ / I .! I \..-....---,./ ....--~~..1 /" ,/" ,/ "I" I ,/ I / - I /" !: i ! i 1 : I \ i \ I , I \1 \. I ':,> o 2005 OPEN SPACE, TRAIL & DEVELOPMENT AREAS N , ",,-PROPOSED TRAIL o PROPOSED PUBLIC OPEN SPACE o PROPOSED PUBLIC PARK o PROPOSED PRIVATE PARK/OPEN SPACE April, 2)06 G/ENG/Joeen/ToddG/BllfffCreeWMapmxd