Staff Report - Planning Commission
PROJECT: The applicant is requesting Preliminary Plat approval of the Avienda Townhomes
Addition. Planning Case 24-17.
PLANNING COMMISSION REVIEW DATE: September 17, 2024
60 DAY ACTION DEADLINE: October 25, 2024
DRAFTED BY: Eric Maass, AICP, EDFP, Community Development Director
STAFF REPORT DATE: September 13, 2024
STAFF RECOMMENDATION: Staff recommends approval of the preliminary plat as proposed
and recommends adoption of the findings of fact and recommendation as presented.
LOCATION: Avienda
APPLICANT: Charles Cudd Company
15050 23rd Avenue North
Plymouth, MN 55447
OWNER: Level 7 Development LLC
4600 Kings Point Road
Minnetrista, MN 55331
CURRENT ZONING: Planned Unit Development - Regional Center (PUD-RC)
2040 LAND USE PLAN: Commercial and Office
ACREAGE: 14+ acres
Level of City Discretion in Decision-Making:
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
PROPOSED MOTIONS:
"The Chanhassen Planning Commission recommends approval of the Avienda Townhomes
Addition Preliminary Plat prepared by Landform dated August 23, 2024, subject to the
conditions within the staff report and adopts the attached Findings of Fact and
Recommendation."
Avienda Townhomes Addition Preliminary Plat Approval (Replat 2024)
September 13, 2024
Page 2
Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a
quasi-judicial decision.
PROPOSAL/SUMMARY
Subdivision of 14+ acres into 39 lots and 6 outlots.
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Chapter 20, Article Sec 20-509 Standards and Guidelines For Regional/Lifestyle Center
Commercial Planned Unit Developments District
BACKGROUND
The Avienda Development PUD was approved in 2020. The PUD was given final plat approval in
July of 2021 with an amendment in September of 2022. The first phase of the project was the
Townhomes which received approval in October of 2022.
The City previously approved the Avienda Townhomes project and homes have begun to be
built within the development. With review of building permits it was noted that the State of
Minnesota building code section 401.4 "Intake Opening Location" requires a distance of ten
(10) feet from an exterior vent to a property line or buildings on the same lot. The builder will
be venting the homes on the sides of the homes and as a result the townhomes portion of the
development needs to be replatted so that the lots are large enough to accommodate the
homes proposed for the lots and still have the required ten (10) feet of spacing between the
exterior vent and the property line. No other changes are proposed with the Plat.
EXISTING CONDITIONS
The site is currently an active development site with utility and roadwork completed.
SUBDIVISION REVIEW
The applicant is requesting subdivision into 39 lots and six outlots. The property is part of the
Avienda PUD. The zoning is Regional Commercial. As a part of the PUD , the property was given
a density of 3-6 units per acre. This residential use was given to provide a transition from the
residential zoning to the west and transition to higher density to the east.
Avienda Townhomes Addition Preliminary Plat Approval (Replat 2024)
September 13, 2024
Page 3
PRELIMINARY PLAT
Parcel Table
2021 Plat 2024 Plat
Lot/Block Area
(S.F.)
Lot/Block Area
(S.F.)
1/1 4,840 1/3 5,120
2/1 4,840 2/3 5,445
3/1 4,840 3/3 5,445
4/1 4,840 4/3 5,445
5/1 4,840 5/3 5,445
6/1 4,840 6/3 5,445
7/1 4,840 7/3 5,445
8/1 4,962 1/4 5,567
9/1 5,218 2/4 5,857
10/1 5,323 3/4 5,978
11/1 5,707 4/4 6,408
12/1 5,218 5/4 5,857
13/1 4,840 1/5 5,445
14/1 4,840 2/5 5,445
15/1 4,840 3/5 5,445
16/1 4,840 4/5 5,445
17/1 4,840 5/5 5,445
18/1 4,840 6/5 5,445
19/1 4,840 7/5 5,445
20/1 4,840 8/5 5,445
21/1 4,840 9/5 5,445
22/1 4,840 10/5 5,445
23/1 4,840 11/5 5,445
Avienda Townhomes Addition Preliminary Plat Approval (Replat 2024)
September 13, 2024
Page 4
24/1 153,000 Outlot C 139,198
1/2 4,840 3/2 5,353
2/2 4,840 2/2 5,445
3/2 4,840 1/2 5,439
4/2 4,840 5/1 5,445
5/2 4,840 4/1 5,445
6/2 4,840 3/1 5,445
7/2 4,840 2/1 5,445
8/2 4,840 1/1 5,115
9/2 4,840 Outlot B 27,462
1/3 6,101 1/6 6,463
2/3 6,274 2/6 6,669
3/3 6,166 3/6 6,551
4/3 5,763 4/6 6,102
5/3 5,753 5/6 6,103
6/3 6,461 6/6 6,799
7/3 6,496 7/6 6,818
8/3 5,763 8/6 6,103
9/3 70,451 Outlot F 67,631
Outlot A 66,747 Outlot A 66,747
Outlot B 212,604 Outlot D 207,587
Outlot C 992,133 Outlot E 992,133
PUD COMPLIANCE TABLE
Permitted Uses: Housing
The Avienda PUD allows up to 30% residential. This includes:
a. Multiple-family dwellings
b. Senior housing independent living and (assisted not to exceed 150 units).
c. Single family homes. Density of 3-6 units an acre on of Blocks 1-3, which could be
townhomes, including detached townhomes and twinhomes/rowhomes.
Finding: The 39 detached townhome units at 3.8 units an acres, net density, are in compliance
with Section C of Permitted Uses Housing.
EXISTING CONDITIONS SURVEY
The proposed subdivision is within the PUD known as Avienda. Avienda received final plat
approval on July 12, 2021. Avienda’s final plat was for multiple outlots and public right -of-ways.
The proposed subdivision is a replat of Avienda Townhomes.
The proposed subdivision will consist of a total of six outlots (A, B, C, D, E, and F) along with 39
parcels to facilitate detached townhomes.
ENGINEERING & WATER RESOURCES
Final construction plans have been approved for this development. With the proposed new
preliminary plat and final plat, existing agreements and their corresponding exhibits will be
required to be amended and updated to reflect the revised plat as proposed.
Avienda Townhomes Addition Preliminary Plat Approval (Replat 2024)
September 13, 2024
Page 5
LANDSCAPING & TREE PRESERVATION
The landscaping plan was reviewed with the original Avienda Townhomes plat and reviewed for
conformance with City Code. A number of revisions were required to bring the landscaping and
tree preservation plans into conformance with City Code and those revisions were completed
with the final construction plans. No further comments or revisions on the landscaping or tree
preservation plan.
PARKS
The goal of neighborhood parks is to provide informal recreational opportunities close to where
people live. Chanhassen operates under the standard that all residents should be within
walking distance, or a half mile, of a neighborhood park. The PUD is located within the park
service area of Power Hill Park and the Lake Susan and Fox Woods Preserves.
TRAILS
The City’s goal is to maintain a comprehensive and easily navigable trail and sidewalk system
that connects neighborhoods to park and recreation facilities, schools, community destinations
and other communities.
PARK DEDICATION FEE
Park Dedication Fee was satisfied through park dedication credits from the original platting
process of the Avienda Townhomes project. No additional units are proposed and as a result
no additional park dedication fee is required.
STORMWATER UTILITY CONNECTION CHARGES
With the prior Avienda Townhomes plat, a stormwater management (SWMP) fee was collected.
That fee was based on the buildable area within the plat and excluded areas which were
outlotted except for those outlots which were to be owned and maintained by the Home
Owners Association (HOA) as that land would not be further developed . The proposed
Preliminary Plat adjusts the common boundaries between the buildable lots and the HOA
outlots. As a result no additional stormwater management fee is due as a result of the newly
proposed Avienda Townhomes Addition plat.
ASSESSMENTS
Water and sewer partial hookups are either due at the time of final plat, or can be postponed
until building permit applications are received in which the entire hookup fee is due. The
partial hookup fees will be assessed at the rate in effect at that time. The remaining partial
hookups fees are due with the building permit.
Avienda Townhomes Addition Preliminary Plat Approval (Replat 2024)
September 13, 2024
Page 6
FEES
The following fees will be due and collected with an amendment to the Avienda Townhomes
Development Contract:
a) GIS fees: $100 for the plat plus $30 per parcel
RECOMMENDATION
Staff recommends approval of the Subdivision of 14+ acres into 39 lots and 6 outlots, Avienda
Townhomes Addition plans prepared by Landform dated August 23, 2024, subject to the
following conditions and adopts the Findings of Fact and Recommendation:
Planning
1. Homes shall be constructed and designed consistent with the PUD.
2. The Applicant will be required to enter into a Development Contract with the City and
all applicable securities and fees provided prior to recording of the Final Plat.
Engineering
1. It is the applicant’s responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT,
Carver County, RPBCWD, Board of Water and Soil Resources, PCA, etc.) and all
comments associated with their reviews are addressed.
Water Resources
1. No conditions
Park & Recreation
1. No conditions
Landscaping
1. No conditions
Fire
1. No conditions
Building
1. No conditions