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05.16.2023 Planning CommissionCHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES MAY 16, 2023 CALL TO ORDER: Chairman Noyes called the meeting to order at 6:00 p.m. MEMBERS PRESENT: Chair Eric Noyes, Kelsey Alto, Perry Schwartz, Erik Johnson, Edward Goff, Steve Jobe, Ryan Soller (arrived at 6:45 p.m.) MEMBERS ABSENT: None. STAFF PRESENT: Bob Generous, Senior Planner; Olivia Adomabea, Community Development Intern; MacKenzie Young-Walters, Associate Planner; Eric Maass, Planning Director; Joe Seidl, Water Resources Engineer; Erik Henricksen, Project Engineer. PUBLIC PRESENT: Kathryn Randle 157 Lake Lucy Road Charlie and Gary Hansen Hansen Hometech Darren Duke Duke Architecture PUBLIC HEARINGS: 1. CONSIDER A REQUEST FOR A VARIANCE TO ALLOW THE CONSTRUCITON OF AN ACCESSORY DWELLING UNIT WITHIN A SINGLE-FAMILY HOME ON A PROPERTY LOCATED AT 1571 LAKE LUCY ROAD ZONED RURAL RESIDENTIAL Associate Planner MacKenzie Young-Walters gave a summary of the staff report, noting the applicant is requesting a variance to allow construction of an accessory dwelling unit within a single-family home at 1571 Lake Lucy Road, which is zoned Rural Residential. The applicant proposes a 1,700 square-foot garage addition with an upstairs apartment to facilitate an inter- generational household to age-in-place and live with their children due to recent health conditions, age, and upkeep with a10-acre parcel. The house will maintain the appearance of a single-family home. Section 20-59 allows the Planning Commission to approve a variance if there is demonstrated need based on age, disability, or financial hardship. He explained that while variances for uses are not normally allowed the City Code specifically allows for this use variance to be granted to facilitate the care of aging family members so long as the structure maintains the appearance of a single-family dwelling, separate utility services are not established, and the variance will not negatively impact the neighborhood. Mr. Young-Walters stated staff recommends approval of the variance request and noted a condition that the addition cannot be rented out as a standard unit and will be recorded against the property. Kathryn Randle, 157 Lake Lucy Road, is looking to have her son and his family move into the home with her and she hopes to eventually move into the new living unit when it is completed. Planning Commission Minutes – May 16, 2023 2 Chairman Noyes opened the public hearing. There were no public comments. Chairman Noyes closed the public hearing. Commissioner Goff moved, Commissioner Jobe seconded that the Chanhassen Board of Appeals and Adjustments, approves a variance request for the use of a single-family dwelling as a two-family dwelling, subject to the conditions of approval, and adoption of the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0. 2. CONSIDER AMENDING CHAPTER 20, ZONING, ADOPTING PERFORMANCE STANDARDS FOR ISSUING PERMITS FOR MODEL HOMES Associate Planner MacKenzie Young-Walters gave a summary of the staff report, noting the applicant is requesting the amendment of Chapter 20, Zoning, Adopting Performance Standards for Issuing Permits for Model Homes, to allow construction of a residential model home prior to the full completion of the development’s roads and other infrastructure. He explained the city has accommodated these requests through a combination of Memorandums of Understanding (MOU) and Development Contracts (DC); however, the City Attorney has advised staff that it would be preferrable to adopt standards within the City Code. Chairman Noyes asked how often the city sees this in a typical year. Mr. Young-Walters explained they have had two in the last year (Avienda and Earhart Farms), although it is a little rare for developments to want to come in before streets and utilities are accepted by the city. This would establish standards for all model homes, not just those going in before utilities. Chairman Noyes asked if they are talking water, sewer, electricity, and how it affects the operation of the model home. Mr. Young-Walters replied in the standards the model homes must have functional sewer, water, electricity, small utilities such as fiber; the only thing the city is flexing on is the condition of the roadway and whether a permanent road has been accepted or not. Chairman Noyes opened the public hearing. There were no public comments. Chairman Noyes closed the public hearing. Commissioner Jobe moved, Commissioner Schwartz seconded that the Chanhassen Planning Commission recommends the City Council adopt the proposed amendment to Chapter 20 of the City Code concerning model homes. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Planning Commission Minutes – May 16, 2023 3 3. CONSIDER AMENDING CHAPTER 18, SUBDIVISIONS, CITY CODE TO REVISE THE LIST OF REQUIRED MATERIALS FOR FINAL PLAT APPLICATION Associate Planner MacKenzie Young-Walters gave a summary of the staff report, noting the City Code outlines the requirements for final plat submittals and currently requires two mylar copies and a one-inch equals 200 feet scale paper reduction of the final plat. He explained since the city no longer files mylar plats and the 200-foot scale paper reduction on half-section mapping to track subdivisions is now done digitally, this requirement is obsolete and should be removed from Code. The County still requires mylar so they will leave one copy in, however the city would like to amend the Code stipulations to reflect what they need to record it. Chairman Noyes opened the public hearing. There were no public comments. Chairman Noyes closed the public hearing. Commissioner Schwartz moved, Commissioner Jobe seconded that the Chanhassen Planning Commission recommends the City Council adopt the proposed amendment to Chapter 18 of the City Code concerning final plat application requirements. All voted in favor and the motion carried unanimously with a vote of 6 to 0. 4. CONSIDER AMENDING CHAPTER 13, NUISANCE LIGHT, AND CHAPTER 20, LIGHTING STANDARDS Associate Planner MacKenzie Young-Walters gave a summary of the staff report, noting the nuisance light and lighting standards contained in the City Code prohibit many common forms of exterior residential lighting fixtures. Code does not allow motion-activated floodlights after 11:00 p.m. or permit someone to leave external garage lights on overnight. These lights are common for safety and to deter trespassing, but technically they generate light that crosses a property line, which is a violation of the city’s nuisance ordinance. The city receives a fair number of complaints, which staff investigates and typically fail a reasonableness test which would not negatively impact an impartial party. Staff recommends text amendments to better reflect what those standards for a nuisance should be, which is not the impact on a property line, but an impact on a dwelling. Mr. Young-Walters noted this is not technically under Planning Commission jurisdiction but the city likes to receive input from them regarding Code changes. Chairman Noyes asked about commercial versus residential light standards. Mr. Young-Walters replied in general, any commercial property will be held to a higher standard than residential. Businesses must give photo-metrics in plans to show where lights are, how far the lights go across a property line, and he explained foot-candle measurements. He explained the city also has buffering between residential and commercial districts such as vegetative screening or a road. Commissioner Jobe asked about the enforcement process and consistency Planning Commission Minutes – May 16, 2023 4 Mr. Young-Walters replied field light measurements are difficult and staff does not have training/expertise to do that assessment. They use the “reasonable person” standard; the city receives a decent number of these complaints and has a general idea of what is typical, normal, likely to be excessive or out-of-line. Code enforcement goes to the property, does inspection, looks at submitted photos, and the city determines whether a reasonable party would be discomforted or annoyed by the light being used. Commissioner Jobe asked how many the city sees in a year. Mr. Young-Walters does not have a per-year number but guesses about 6 per year, and he can remember one instance where lights needed to be brought down. Commissioner Alto asked about landscape lighting such as an up light on trees in a yard. Mr. Young-Walters noted the city specifies garage and flood lights for safety purposes. If one was uplighting every tree in a yard, they will most likely fall into a nuisance as there is not a legitimate safety and security purpose for that. Planning Director Maass explained if a property owner feels staff interpretation is not accurate, they have the opportunity to bring it to the City Council for consideration. The Commissioners discussed HOAs and some lighting on homes or townhomes that cannot be turned off as it is controlled by the HOA. Mr. Young-Walters noted if the lights served no valid purpose, staff would perhaps evaluate and those lights would have always been in violation if they were on past 11:00 p.m. Chairman Noyes opened the public hearing. There were no public comments. Chairman Noyes closed the public hearing. Commissioner Alto moved, Commissioner Johnson seconded that the Chanhassen Planning Commission recommends the City Council adopt the proposed amendment to Chapter 13 and Chapter 20 concerning nuisance light and lighting standards. All voted in favor and the motion carried unanimously with a vote of 6 to 0. 5. CONSIDER POTENTIAL AMENDMENT TO CHAPTER 20, ZONING, REGARDING SINGLE-FAMILY RESIDENTIAL LOT COVER AND PERVIOUS PAVEMENT WITHIN THE SHORELAND MANAGEMENT DISTRICT Planning Director Eric Maass gave a summary of the staff report, noting the city’s current ordinances limit properties zoned Residential Single Family (RSF) that are within the Shoreland Overlay District to 25% total impervious lot cover. However, properties with the same RSF base zoning designation outside the Shoreland Overlay District are permitted the same 25% impervious lot cover but are also eligible for an additional 5% lot coverage through the use of permeable pavers, for a total of 30% impervious lot coverage. He noted the way the code is Planning Commission Minutes – May 16, 2023 5 currently written has created confusion for property owners and contractors so staff is seeking the opportunity to clarify the existing ordinance language. A second discussion is whether the Commission thinks it is appropriate for lots zoned RSF and within the Shoreland Overlay District to allow for the additional 5% of lot coverage through permeable pavers. Water Resources Engineer Seidl gave an onscreen presentation on impervious surfaces, stormwater generated by impervious surfaces, infiltration and groundwater recharge, and the health of a watershed. He spoke about Best Management Practices (BMPs) which work to mimic natural landscapes by providing stormwater storage, reducing discharge rates, treating stormwater to reduce pollutants before they discharge downstream, and generally promote infiltration and groundwater recharge. Mr. Seidl explained why permeable pavers are a type of BMP and explained benefits and limitations of the systems. He compared permeable pavers to standard impervious surface, a lawn, a rain garden, and a native area. In looking at the benefits, Mr. Seidl ranked each high, low, medium, and none. He explained a permeable paver works somewhere between an impervious surface and a lawn. Mr. Seidl has heard feedback regarding permeable pavers from the Lower Minnesota Watershed District (pavers could be allowed with additional maintenance/design considerations), Riley Purgatory Watershed District (strongly opposed), and the Department of Natural Resources (strongly opposed). Mr. Seidl shared Chanhassen’s stormwater management plan and spoke about clay being the predominant soil type in Chanhassen and concerns about pervious pavers being difficult to install, systems will not work as designed or will need under-drains, and will be impacted by freeze/thaw cycles and be replaced with impervious surfaces. Mr. Seidl feels allowing the pervious paver systems is counteractive to the city’s goal and will act to increase impervious areas in the Shoreland Overlay District where there is minimal infrastructure to treat the stormwater before it is discharged the local water resources and he cannot promote approving permeable pavers as a solution to offset increased lot cover. Mr. Maass spoke with the DNR about surrounding communities that allow 30% and the fact that many communities developed prior to 1989 when the first DNR Ordinance went into place. Natural vegetative buffers are required along those shorelines Commissioner Johnson asked if the city inspects installation and where the under-drains exit. Mr. Seidl replied inspection is not typically done and falls to staff resources. The under-drain goes to the site-restrictions and if there is not a place to outlet the drain pipe there will be an installation of the permeable paver system. Chair Noyes agreed noting the experts stated the pavers should count as impervious and asked who is pushing this discussion forward. Commissioner Alto agreed and noted the city has taken the same stance over-and-over: if someone buys a small lake lot with 25% coverage they should do due diligence prior to purchasing and find a lot for the size of the house they want. She read a statement from the DNR “while the individual homeowner may wish to have features that might be afforded if they did not live on a lake or a stream, these encumbrances have been in place for many decades and were known prior to purchasing the property. Moreover the lake or stream is not owned by them alone Planning Commission Minutes – May 16, 2023 6 but rather is a public amenity for all. The district and city spend hundreds of thousands of dollars every year working to improve and protect the water bodies in the area. This proposal is antithetical to that aim.” Commissioner Goff clarified that outside the Shoreland Overlay District, it is 30%. Mr. Maass replied in the affirmative and noted 5% of the 30% must be through permeable pavers. Commissioner Soller asked how Minnetonka got to 75% outside of 150 feet of the high water line, noting they are leading the way in the opposite direction. Mr. Young-Walters explained Minnetonka was heavily developed prior to the 1989 Ordinance, their lot cover system is basically non-existent outside the Shoreland Management District, and the entire city is based off Floor Area Ratio (FAR) rather than lot cover. He imagines there were extensive negotiations between Minnetonka and the DNR when they adopted the Shoreland and it turn they received more flexible standards than the other Shoreland communities. Chairman Noyes opened the public hearing. There were no public comments. Chairman Noyes closed the public hearing. Commissioner Alto moved, Commissioner Jobe seconded that the Chanhassen Planning Commission recommends the City Code adopt the proposed amendment to Chapter 20 of the City Code clarifying the RSF districts lot cover standards but does not recommend permitting the use of pervious pavement in the Shoreland Management District. All voted in favor and the motion carried unanimously with a vote of 7 to 0. GENERAL BUSINESS: 1. SKETCH PLAN REVIEW: SANTA VERA PUD PHASE II Planning Director Eric Maass gave a summary of the staff report on the item, noting the property owner/developer is interested in developing the remainder of the site and incorporating a mix of housing options, including the permitted apartment but also detached single-family homes and attached townhomes. The current Planned Unit Development (PUD) prohibits townhouses, detached townhouses, and detached single-family homes but allows for multi-family residential defined as multi-storied apartments or condominium units. He stated the developer has met with staff’s Development Review Committee and received general feedback on the proposal as well as from the Planning and City Council since there are new members on both bodies. One comment regarding the garage was to bring them forward to protect a stand of trees on site, which the developer has done. Mr. Maass stated staff is generally supportive of the proposal but had comments related to recommended revisions to reduce the amount of tree loss due to detached garage locations and stormwater needs. Mr. Maass asked the Planning Commission to provide general feedback as it relates to the conceptual development plan and more specifically the incorporation of detached single-family homes and townhomes as the PUD currently does Planning Commission Minutes – May 16, 2023 7 not allow for them. It was noted the city has broad discretion for whether or not it would approve a PUD amendment. Charlie Hansen, applicant, noted the project reflects adding value to the community, noting he lives in the apartments located on the property. Mr. Hansen’s grandfather has owned the property since the 1960’s and had plans to build apartment buildings which has not happened, and he also donated the baseball field. Mr. Hansen shared about the project and freshening up the vacant lot and surrounding area. Goals of the project are to bring value by adding density but also respecting the neighborhood and protecting tree cover. They hope to lean into the timelessness and history of Chanhassen with a simple aesthetic design. Mr. Hansen hopes to work with the city to create a project that people are excited about. Darren Duke, architect, noted the applicants wanted to tackle concerns of the neighbors including scale and preserving trees while adding value to the site. He shared designs on screen that tried to tie into the Kerber farmhouse architectural motif, and walked the Commissioners through the design plans. Commissioner Schwartz asked if the apartment will be part of the refreshed design. Mr. Hansen replied in the affirmative, and while they are not totally redoing it, they would like to blend and update it so it all matches with a color and material palette. Commissioner Schwartz noted in the past neighbors were present with concerns about traffic before the proposed changes to the PUD and asked how the applicant will address traffic concerns with these additional structures. Mr. Hansen noted there will be less structure than previously and asked to address those questions after the design presentation. Mr. Duke shared about the tree line surrounding the path and park, noting they will work with the forester to clean things up and replace trees that are removed. He shared about breaking up the scale of the units to add more daylight in the corridor shown on screen. Commissioner Alto asked about adding a third story on the apartment building. Mr. Hansen replied it was an idea and was too ambitious. Speaking about ponding and trees, he noted some trees will have to come down due to certain criteria they must meet and their hands are tied in some ways where the pond is concerned. Chairman Noyes asked about smaller trees being put in place of larger trees. Mr. Maass noted the city requires a tree inventory, a certified arborist goes out, tags the trees, measures diameter, and species. The city’s arborist is especially talented, makes very detailed notes regarding trees saved, construction fencing, grading limitations, and expectations. The city holds a monetary escrow to ensure that what was supposed to be done was met which gives leverage to make sure things are rectified. Planning Commission Minutes – May 16, 2023 8 Mr. Maass explained the city has some street improvement projects coming up and they are a little short in area to put their own stormwater. One element of a PUD is public benefit and one of the potential public benefits is added capacity for stormwater management for the city and residents. He asked for feedback from the Commission regarding the mix of housing; a quick calculation shows 56 units, 3.8 acres, and 14.5 units/acre. Commissioner Alto thinks this is the perfect time for this project as one of the options for the Civic Campus redo was to sell off portions of the upper lot and put in high-density apartment buildings on each side of Kerber and near the school. The applicant’s proposal of mixed-housing near the downtown area makes it a good time to add more density. Commissioner Soller clarified that the main things to be changed in the PUD would be to increase the unit count permitted, and to release the ban on single-family and townhomes. Mr. Maass added if there was the opportunity to incorporate the public benefit to use the stormwater, they would encapsulate that within the PUD, as well. Commissioner Soller asked why the existing PUD has a ban on single-family homes and townhomes. Mr. Gary Hansen shared background noting his father was originally going to build single-family homes. For some reason, the PUD banned all individual and town homes. No one knows why. Mr. Charlie Hansen stated the goal is to create a plan to works well and looks good. They understand they could build an apartment building, but their hope is that is brings public value to mix the housing. Mr. Maass stated this development spans multiple decades and he suspects it also spans multiple Comprehensive Plan updates. It is likely that when there was a shift to driving density towards downtown that may be why the PUD states they cannot just have single-family homes there. Chairman Noyes asked regarding the street updates and stormwater, whether the city has plans to update the park at some time and if it is all being coordinated. Mr. Maass replied with the downtown area, Civic Campus, and this project, the city takes a holistic standpoint to water modeling. Looking at the Civic Campus project, they are looking at what stormwater will be likely generated, as well as considering potential redevelopment within the city with the hopes they can size it for water from the Civic Campus and more broadly. Mr. Seidl noted a recent meeting regarding the Civic Campus, the reconstruction of Market Boulevard, and other developments that will likely redevelop within a corridor that was fully developed under older stormwater rules and regulations where BMPs did not exist. He noted it is a challenge as a Water Resources Engineer to find spots to put BMPs. The city is working to find smart ways to work with Watershed partners on a regional treatment facility, and they need property for that. In looking at this development, there is an opportunity due to current projects and the full reconstruction of neighborhood roads to the east in 2024. Mr. Seidl sees this as an Planning Commission Minutes – May 16, 2023 9 area for partnership, and by oversizing the BMP from the developer, the city gets the land and would use the area for water treatment. The added benefit is that the maintenance costs dollars and the city would maintain it. Commissioner Schwartz thinks it is a wonderful project but reflects on the neighbors comments on the road adjacent to the ballparks. People park on both sides of the road, in defiance of “no parking” signs in the summertime. Now they will add single-family homes and townhomes which would further increase traffic. Commissioner Soller stated this is where the city has planned, with the Comprehensive Plan, that this site would be up to 60 units of density which is a major increase, and he shared that concern. He feels it is the burden of the city to fix the problem on Santa Vera and not the developer’s burden to put less units on the site. Commissioner Alto noted during the previous public hearing they encouraged citizens with concerns about parking on the streets to take those to the city rather than waiting for it to get worse. She noted they gave avenues for residents to share those concerns. Commissioner Soller shared there are issues with increasing the density, however the density has been planned for and it feels like the city needs to update the infrastructure of how cars and pedestrians travel through the area. Mr. Duke noted part of the development is to add a sidewalk to Santa Vera to the north. Mr. Hansen noted that it is a dangerous turnaround and he walks on the grass, noting there needs to be a sidewalk there. Technically there will be a sidewalk all around, and he understands with the baseball field there is room there for a shoulder if it is allowed by City Code, although there are some trees, as well. Mr. Maass clarified the city recognizes that trees are a concern which is why they require a tree inventory, and they recognize that traffic is a concern which is why they require a traffic study to be submitted. These issues would all be studied with different options through the review of the development application. Following discussion, the Chanhassen Planning Commission offered the following feedback: • Chairman Noyes likes the plan and that is blends into the existing neighborhood. He would like Commissioner feedback to give to the applicants. • Commissioner Goff looked at the history and reviewed the presentation from the previous year. He likes the changes that have been made, with aesthetic updates to the apartment building, he really likes the new building and appreciates the effort to blend things in. • Commissioner Schwartz seconded Mr. Goff’s comments. • Mr. Charlie Hansen noted at the meeting last year, many of the people who were present were his neighbors and were unaware that he was part of the project. It encouraged conversations regarding the project, and since then he has become good friends with some of them and there has since been some collaboration. Planning Commission Minutes – May 16, 2023 10 • Commissioner Goff noted the removal of the through-street was a good change, and spoke about the neighborhood park in the middle that has been removed. • Mr. Hansen explained that is because they need a turnaround for fire apparatus. • Commissioner Soller commends the applicant for their work on the project and thinks it is really great. APPROVAL OF MINUTES: 1. APPROVE PLANNING COMMISSION MEETING MINUTES DATED MARCH 21, 2023 Commissioner Goff moved, Commissioner Alto seconded, to approve the summary Minutes of the Planning Commission meeting dated March 21, 2023 as presented. All voted in favor and the motion carried with a vote of 6 to 1 (Commissioner Jobe abstained). 2. APPROVE PLANNING COMMISSION MEETING MINUTES DATED APRIL 18, 2023 Commissioner Soller noted he was not present at the meeting when the meeting start time was changed. Mr. Maass apologized and noted staff should have sent communication regarding the adjusted start time. Commissioner Jobe moved, Commissioner Schwartz seconded, to approve the summary Minutes of the Planning Commission meeting dated April 18, 2023 as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. COMMISSION PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: None. CORRESPONDENCE DISCUSSION: None. ADJOURNMENT: Commissioner Johnson moved, Commissioner Schwartz seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Planning Commission meeting was adjourned at 8:22 p.m. Submitted by Eric Maass Planning Director