B-1. Avienda – Preliminary Plat and Planned Unit Development (PUD) rezoning Staff Report '13
A Y 0 PC DATE: May 16, 2017 -I-
June 6,2017
CC DATE: June 26, 2017
CITY OF CHANHASSEN
REVIEW DEADLINE: July 7, 2017
111 H p S CASE#2017-10
BY: KA
Okti
PROPOSED ACTION:
Take public comments and provide direction to the Developer and on the PUD and Preliminary
Plat. The Public Hearing will be continued to June 6, 2017 when the Conditional Use Permit
and development in the Bluff Creek Overlay District and the Wetland Alternation Permit with
Variances will be officially noticed.
PROPOSAL: Preliminary Plat and Regional Mixed-Use Planned Unit Development(PUD),
Wetland Alteration Permit and Conditional Use Permit and Variances (no official noticed or action
can be taken)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,
ACREAGE: Approximately 118 acres •
DENSITY: Assumes 80%of site commercial with a F.A.R. of 0.3 and 20%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.
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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:
1. Rezoning to PUD Regional Commercial including PUD Design Standards
2. Preliminary Plat Approval
3. Wetland Alteration Permit
4. Conditional Use Permit for development in the Bluff Creek Overlay District
5. Variance for Construction within the Bluff Creek Primary Zone
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
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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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
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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 27,2016 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 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
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.
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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:
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.
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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.
(report continued on next page)
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The applicant is proposing a mixed used development. The following is from the applicant's
Development Plan.
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May 16, 2017
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_. ill._ ..
Legend Development Data
Parking
Future Traffic Signal Gross Net Ratio
Developable Building Parking Units/
Section Area Area Area(S.F.) Stalls Beds (Stalls per
Existing Traffic Signal (Acres) (Acres) 1,000 S.F.
oor per Unit)
CD Stall Count O 9.55 9.55 98,000 491 5.0
0 Public Right Of Way 0 1.45 1.45 8,000 48 5.3
O 6.97 6.97 183,000 365 225 1.6
Ponding 0 9.34 7.67 76,000 n/a 38
5.32 4.91 50,000 273 5.5
11 10 Preservation
O 1.64 1.64 16,000 35 2.2
I- Wetland and Buffer 0 4.02 4.02 50,000 305 6.1
0 Regional Commercial 0 4.39 4.39 50,000 315 6.3
O 1.46 1.37 8,000 90 11.3
0 Office 0 1.51 1.30 8,000 84 10.5
ID High Density Residential 0 2.24 2.07 8,000 119 14.9
O 1.27 1.27 6,000 75 12.5
0 Medium Density Residential 0 19.78 19.78 151,000 807 5.3
O 7.92 7.92 86,000 430 5.0
Notes 0 2.27 2.27 39,000 145 100 1.5
Development plan shown for schematic 0 6.03 6.03 278,200 375 250 1.5
purposes only and subject to change. 0 15.93 0.00 n/a n/a
CD 17.12 0.00 n/a n/a
O 1.66 0.00 n/a n/a
Total 119.87 82.61 1,115,200 3957 613 n/a
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
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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
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 use permitted.
The RC Zoning District is found in the PUD District.
Sec. 20-509.- Standards and guidelines for regional/lifestyle 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
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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
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
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May 16, 2017
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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
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 H 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."
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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 center in the Metro Area.
Chapter Ill 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."
(report continued on next page)
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Summary of Metro Area Lifestyle Centers Retail Tenant Mixes
Shoppes at Woodbury The Shops at Central Park City
Merchandise Category Galleria Arbor Lakes Lakes 'Vest End Commons 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 _ 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
Shoes 4 1 1
Home Fumsihings 10 6 5 1 3
Home Appliance Music 2 1 1 2 1
Other Shopping Goods 10 9 4 3 4 3
_ Subtotal 45 44 42 14 11 8
Other Stores
_ Home Improvement 1
_ Total Retail 52 56 4S 26 21 17
Services
_ Personal Care 1 3 3 2 1 1
Personal Services 3 1 2 2
Retail Leasing 1
Recreation/Entertainment 1 3 1 1
_ Other Services 1 1 1
Financial 1 1 1 1 2
_ Medical 2 1
Total Services 3 8 6 8 7 6
Grand Total 55 64 54 34 21 23
Source:McComb Group Ltd
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
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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: Anthropologie,
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
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.
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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 DISI RIC,
•
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 below) 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
attached 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
Sub-District 5 - Low Density Residential—provides opportunities for small lot
homes
Based on the Plan Submitted and the 14.7 units an acre(the density appears to be
higher
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
Planning Commission
Preliminary Plat and Planned Unit Development —Planning Case 2017-10
May 16, 2017
Page 17 of 42
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.
• 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 in 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 - See attached narrative from applicant
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 (not to exceed 50,000
square feet)
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 18 of 42
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. (need more specificity)
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, 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. (One 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.
(building square feet limitation)
3. Hospitality and food service establishments including:
a. Bars and taverns.
b. Cafes, delicatessens, food catering establishments.
c. Coffee shops and cafes.
d. Patio/al fresco dining facilities. (Accessory to a principal use)
e. Restaurants.
4. Hotels (One)
S. Services
a. Barber and beauty salons and spas including hair, nail,tanning, skin and scalp services.
b. Computer services.
c. Day care center, childcare centers,preschools and Montessori school
(One- 16,000 Square feet)
d. Dry cleaning, Laundry and garment services
e. Farmers markets.
f. Finance,insurance and real estate.
g. Financial institutions.
h. Health and recreation clubs,instructions and services.
i. Health services.
j. Legal services.
k. 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.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 19 of 42
1. Optical goods
m. Photographic studios
n. Print and Copy shops.
o. Shoe repair shops and shoeshine parlors.
p. Tattoo and body art and piercing services (MS ch. 146B), when accessory to a permitted
use.
q. Travel agency.
6. Housing
a. Multiple-family dwellings
b. Senior citizen housing independent living.
c. Senior citizen housing, included assisted living, skilled nursing and memory care.*
*Carver County CDA Housing Study Maxfield Research 2014 states between 2014 to 2040 the demand for
service enriched units in Chanhassen is 316 units. Since 2014 the city has approved 210 service enriched
units. The city has other zoning locations in the city that permits this type of housing.
d. Single family homes. (Density of 4-8 units an acre)
e. Townhomes, including detached townhomes and twinhomes.
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 feuf(three) shall be
permitted in Avienda.
Prohibited Uses
1. Auto related: including gas,tires repair etc.
2. Truck,motorcycle boats, etc. sales
3. Club warehouse including wholesale
See Exhibit A for PUD Design Standards
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 20 of 42
PRELIMINARY PLAT
Avienda encompasses 115.00 acres. It includes 18 buildable lots and 3 outlots. The area and
proposed use 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.
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.
Planning Commission
Preliminary Plat and Planned Unit Development-Planning Case 2017-10
May 16, 2017
Page 21 of 42
j 'Building [FARJDenDensitY 1
Area(sq. I sity(as dwelling
jLot,Block Area(sq. ft Acres Width(ft.) Depth(ft.;Sector Proposed Use ft.) proposed),units
1, 1 55,198 1.27 275 195 3 Restaurant 6,000 0.11
2, 1 4. 15,986 9.55, 233 669 3 Retail 98,000 0.24
3, 1 63,379 1.451 2721 _ 171 3 Retail 8,000 0.13
4, 1 339,304 7.79 222 646 3 Retail 86,000 0.25
5, 1 1 99,045 2.27 293 _ 339 3 Hotel 39,000 0.39 1
6, 1 144,395 3.31 401; 398 4 Multi-Family ' _ 0.00 225
7, 1 I 159,370 3.66 550'_ 274 5 Multi-Family 0.00'
11,2 115,073 2.64 311: 362 5 Residential 0.00 '
1,3 229,496 5.27; 312 _ 582 5 Residential 0.00 38,
2,3 I 231,703 5.32 2531 760 1 Office 1 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 i 50,000 0.26
4,4 _ _63,578 1.46j 173 366 2 Restaurant 8,000 0.13
5,4 T . 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
12 ,5 262,472 1 6.03' 338 419 2 &Pkt Ra I 1 16,000 0.06 250
'ROW 503,911 1 11.57:
•
Outlot A 42 651 L 745,656 _ 17.12 1
Outlot A bluff creek woods
B 1.66 drainage&utility easement
Outlot C 67,892 1 1.561 ! wetland
1
115.52 1 594,000
Totals 5,032,000 - _ _-_.--
Maximum 5,032,000 115.52 1,207,680 370 513
For maximums assume 80%of site commercial with a F.A.R.of 0.3 and 20%of site residential with a density of 16 units per acre. _
The assumptions for the PUD is 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 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.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 22 of 42
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.
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(CSAR 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 northbound left turns on Powers Blvd at TH 212.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16,2017
Page 23 of 42
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
The plans includes an emergency access road connection between the Avienda Development and
the Camden Ridge development to the south though a heavily treed area with steep slopes. This
access will also serve as a pedestrian connections between the two developments. The developer
shall work on limiting the amount of grading impacts by constructing retaining walls or soil
reinforcement 2:1 slopes. Knock down bollards or other traffic deterrent device approved by the
city shall be placed on either end of this emergency access road.
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
May 16, 2017
Page 24 of 42
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.
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Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 25 of 42
Wall C wraps around a stormwater pond northwest of the Avienda Parkway E/Bluff Creek
Boulevard intersection. This wall is approximately 150 feet long and 4 feet tall. Top and bottom
wall elevations shall be labeled on the plan set.
Wall D is at the southeastern edge of the property and wraps around Wetland 4. This wall is
approximately 150 feet long and 20.8 feet tall.
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 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.
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
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 26 of 42
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.
An 8" connection is proposed on Mills Drive to the water main stub constructed with The
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
The preliminary review of the storm water plan has been reviewed by WSB &Associates. The
plan calls for constructing underground storm water cells for storage and reuse for irrigation.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 27 of 42
The storm water management plan does not meet the requirements for water quality,volume and
rate control. More information and designs changes will need to be made to meet these
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.
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.
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.
WETLAND ALTERATION PERMIT
The project proposes to fill 4.6462 acres of Wetland Conservation Act(WCA)regulated wetland
and excavate 0.3499 acres of WCA regulated wetland. The total proposed WCA impacts are
4.9961 acres. Mitigation is currently proposed as the purchase of wetland credits from a bank in
the same bank service area if available. Wetlands 1,2,5,6,7,8,9 would be filled or impacted with
the proposed development, as shown on the following exhibit.
The applicant has made applications for mitigation of some of the wetlands. The Army Corps of
Engineers (COE)has jurisdiction over some of the wetlands on site. The local WAC permit has
also been applied for to mitigate wetlands.
An Army Corp of Engineers meeting was held between the COE and the applicant on April 6,
2017 regarding the project. Based on the COE's review of the application, the COE provided a
letter dated May 3, 2017 to the applicant indicating the application information was insufficient
to issue a permit. The applicant needs to respond with the required information in order to keep
Planning Commission
Preliminary Plat and Planned Unit Development— Planning Case 2017-10
May 16, 2017
Page 28 of 42
the COE permit process moving forward. The applicant cannot start any work that impacts
wetlands without a permit from the COE for this project.
The applicant submitted a complete WCA application on March 14, 2017. A Notice of
Application(NOA) was submitted to the Technical Evaluation Panel (TEP) on March 17,2017
for a 30 day comment period. Within the NOA as well as communication with the applicant,it
was noted that while the application was complete, additional information to support the
application is needed to determine if the wetland impact and mitigation is justified within the
rules of the WCA. The WCA decision timeline was extended an additional 60 days to allow the
applicant time to provide the sufficient information. The city has received additional stormwater
analysis and a retail market study recently,but this information is still not sufficient to be able to
make a decision on the application. The decision timeline expires on July 12, 2017. No work
that could impact wetlands either directly on the site or indirectly off the site can begin until a
permit is issued.
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Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 29 of 42
NPDES Construction Permit
This development will be subject to the rules of the General Permit Authorization to Discharge
Stormwater Associated with Construction Activity Under the National Pollution Discharge
Elimination System/State Disposal System Program(NPDES Construction Permit) issued
August 1,2013. This permit requires that the permittee manage the stormwater such that during
project construction and upon completion there is no violation of state water quality standards.
Part III.D states:
Where a project's ultimate development replaces vegetation and/or other pervious surfaces with
one (1) or more acres of cumulative impervious surface, the Permittee(s) must design the project
so that the water quality volume of one (1) inch of runofffrom the new impervious surfaces
created by the project is retained on site (i.e. infiltration or other volume reduction practices)
and not discharged to a surface water. For purposes of this part, surface waters does not include
man-made drainage systems that convey stormwater to a compliant permanent stormwater
management system.
For those projects where infiltration is prohibited(see Part III.D.1 j.), the Permittee(s)shall
consider other methods of volume reduction and the water quality volume (or remainder of the
water quality volume if some volume reduction is achieved) must be treated by a wet
sedimentation basin,filtration system, regional ponding or equivalent methods prior to the
discharge of stormwater to surface waters.
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
May 16,2017
Page 30 of 42
ARTICLE XXXI. - BLUFF CREEK OVERLAY DISTRICT
Bluff Creek Primary Zone
CONDITIONAL USE PERMIT . !' lord
qiThe City of Chanhassen established ? il�",,.
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the Bluff Creek Overlay District, 1 -: _
BCO,byordinance in 1998 to protect
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the Bluff Creek Corridor, wetlands,
bluffs and significant stands of mature r= t ,r1111:
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trees through the use of careful site yame *` i�rr�r. ..
design and other low-impact practices. -- / 3 ;iL ,nm
This parcel is partially encumbered b y • ', `,' '
the Bluff Creek Overlay District. A w
conditional use permit shall be issued '` �'
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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, 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
May 16, 2017
Page 31 of 42
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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.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16,2017
Page 32 of 42
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.
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 and to allow the trail/emergency
access to connect this development to the Camden Ridge development on the south side of the
wooded hill. 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 and that the shortest
route possible be taken for the access road. 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.
(report continued on next page)
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 33 of 42
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Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 34 of 42
BCOD Removal measurements from submitted plans:
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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
Planning Commission
Preliminary Plat and Planned Unit Development- Planning Case 2017-10
May 16, 2017
Page 35 of 42
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
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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Planning Commission
Preliminary Plat and Planned Unit Development Planning Case 2017-10
May 16, 2017
Page 36 of 42
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
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.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 37 of 42
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 may be needed to be incorporated into the project. The installation of pedestrian
push buttons/APS system may also be needed.
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.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 38 of 42
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:
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.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 39 of 42
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
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
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 40 of 42
italic text describes how the applicant responded to these recommendations in their preliminary
plat and PUD application.
• 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 feesora 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.
• 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.
• 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.
• Provide well-designed sidewalks and pedestrian connections to all buildings and
locations.
• Incorporate traffic calming into all pedestrian crossing locations.
• 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.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16, 2017
Page 41 of 42
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
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.
RECOMMENDATION
Take public comments and provide direction to the Developer and on the PUD and Preliminary
Plat. The Public Hearing will be continued to June 6, 2017 when the Conditional Use Permit and
development in the Bluff Creek Overlay District and the Wetland Alternation Permit with
Variances will be officially noticed.
Planning Commission
Preliminary Plat and Planned Unit Development—Planning Case 2017-10
May 16,2017
Page 42 of 42
ATTACHMENTS
1. Exhibit A—Avienda Design Standards
2. Application for Development Review— April 14, 2017
3. Development Plans—April 14,2017
4. Application Narrative—April 14, 2017
5. Carver County CDA Maxfield Housing—2014
6. Avienda Development Plans—March 27, 2017
7. Avienda Design Guidelines—April 13, 2017
8. McComb Group Retail Trends and Shopping Centers—March 2017
9. WSB Stormwater Review—May 1, 2017
10. Review from Riley-Purgatory-Bluff Creek Watershed District—May 1, 2017
11. Army Corp of Engineers letter—May-3,2017
12. Memo from Carver County—May 8, 2017
13. Memo from Minnesota Depart of Transportation - May 4, 2017
14. Petition from Residents near Avienda development
15. Affidavit of Mailing
g:\plan\2017 planning cases\17-10 avienda preliminary plat&pud\pc staff report.doc