staff reportCITY OF CHANHASSEN
PC DATE: February 4, 2020
CC DATE: February 24, 2020
REVIEW DEADLINE: March 3, 2020 CASE #: 2020-02 BY: SJ, ET, EH, JS
SUMMARY OF REQUEST: Rezoning of Property from Rural Residential District to High Density Residential District (R-16), lot consolidation and site plan review with variances for the construction of a 48-unit continuing care retirement facility.
LOCATION: North of West 78th Street and west of Lake Ann Park APPLICANT: Civil Site Group PROPERTY OWNER: TMSC of Chanhassen LLC Patrick Sarver Elizabeth Wright
4931 W. 35th Street, Suite 200 16258 Kenyon Avenue
St. Louis Park, MN 55416 Lakeville, MN 55044 psaver@civilsitegroup.com elizabeth@themoments.com 612-615-0060 952-915-1515
PRESENT ZONING: Rural Residential
District, RR 2030 LAND USE PLAN: Residential High Density (8-16 units/net acre)
ACREAGE: 3.5 acres gross, 3.16 acres net DENSITY: 15.1 units per acre
LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has a relatively high level of discretion in approving rezonings because the city is
acting in its legislative or policy-making capacity. An amendment must be consistent with the
city’s Comprehensive Plan. The city’s discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the
city must then approve the site plan. This is a quasi-judicial decision.
The city’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinances for variances. The city has a
PROPOSED MOTION: “The Chanhassen Planning Commission recommends approval of the Rezoning of Property from
Rural Residential District to High Density Residential District (R-16), lot consolidation and site plan review with variances for the construction of a 48-unit continuing care retirement facility (The Moments of Chanhassen), as shown in plans dated January 6, 2020, subject to the conditions of approval and adopts the findings of fact and decision recommendation.”
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relatively high level of discretion with a variance because the applicant is seeking a deviation
from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. APPLICABLE REGULATIONS
Chapter 20, Article II, Division 2, Amendments Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article XXIII, Division 9, Design Standards for Multi-Family Developments
Chapter 20, Article XXIII. General Supplemental Regulations. Sec. 20-903. - Zoning lots
PROPOSAL/SUMMARY The request consists of multiple applications to facilitate the construction of a continuing care
retirement facility (The Moments of Chanhassen). The request includes a rezoning from Rural
Residential District to High Density Residential District, site plan approval with variances for the construction of a continuing care retirement facility. The site is located north of West 78th Street and west of Lake Ann Park. Access to the site will be
gained off of West 78th Street. The site is zoned Rural Residential District.
SUBJECT PROPERTY Highway 5
W. 78th Street
Lake Ann
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The following is a summary of the requests:
1. Rezoning The first request is to rezone the property from Rural Residential District to High Density
Residential District. This request is consistent with the Land Use Plan.
2. Site Plan with Variances The request is for a site plan to construct a 65,000 square-foot continuing care retirement facility.
The total permitted site coverage is 50 percent. The proposed development has a total hard
coverage area of 34.5%. The design of the building is attractive and is proposed to be constructed of high-quality materials. They include limestone at the entry and the main body of the building. Exterior
Insulation and Finish System (EIFS) is used as an accent material. All elevations that can be
viewed by the public have received equal attention. Parking is buffered from views by landscaping. Access to the site is provided via West 78th Street. The site contains multiple wetlands, a creek
and is within the shoreland overlay district.
The applicant is requesting a zero-foot wetland setback variance and a front yard setback variance. Staff is recommending a minimum 5-foot wetland setback and approval of the front yard setback variance.
The site is comprised of two parcels. Staff is recommending the parcels be consolidated into a single zoning lot. This will be a condition of approval of the site plan. Staff regards the project as a well-designed development. The overall design is sensitive to the
surrounding area. Based upon the foregoing, staff is recommending approval of the rezoning,
site plan and variances with conditions as outlined in the staff report.
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BACKGROUND
The site was formerly occupied by Natural Green, a Landscape Contractor Business. In 1989, the business moved and the site was restored. With the upgrade of TH 5 and the frontage road, the excess right-of-way was acquired by Southwest Transit as a potential Park and Ride.
The Land Use Plan designates the site as Residential High Density (Net density 8-16 Units/Acre). These categories have been established to accommodate either high-density residential development. A Continuing Care Retirement Facility is a permitted use in a High Density Residential District.
REZONING The applicant is proposing to rezone the property from Rural
Residential to High Density Residential District. The area to the north and west contains a single-family home and is guided Residential High Density. Lake Ann Park is located east of the subject site and is guided Parks and Open
Space. West 78th Street is located south of the subject site.
Subject Site
Subject Site
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NORTH SOUTH EAST WEST
DEVELOPMENT Single Family W. 78th Street Lake Ann Park Single Family
LAND USE Residential
High Density
Residential High
Density
Parks and Open
Space
Residential High
Density
ZONING
Rural
Residential
District
Rural Residential
District
Rural
Residential
District
Rural
Residential
District
The 2030 Land Use Plan shows this area designated for development as High Density Residential, net density of 8 - 16 units per acre. Appropriate zoning for this land use is R-12, R-16, RLM, or PUD-R. The use consists of a single building with 48 individual rooms. The occupants of the building will be individuals that need assistance with their mobility and will not put the same level of demand on the infrastructure that a typical high density development would
This area is in the Metropolitan Urban Service Area (MUSA). Staff is recommending that this area be rezoned to R-16 and finds that the rezoning is consistent with the Comprehensive Plan. Senior Housing Demand in the 2040 Comprehensive Plan
Since 2014, this city has added 111 continuing care or service enriched dwelling units. (Riley
Crossings and Beehive/Trouvaille Homes.
SITE PLAN This building must comply
with the Design Standards for
the multi-family district and the standards set in the continuing care retirement facility. The City Code
requires the development to
have an attractive design and use durable materials. Site coverage may not exceed 50
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percent. The total hard surface coverage proposed on the site is 34.5%. The design of the
building is attractive and is proposed to be constructed of high-quality materials. They include limestone for the main body of the building and EIFS as an accent material. All elevations have received equal attention. Parking is buffered from views by landscaping. The majority of the parking is underground. The trash enclosure for the building is located inside the building. The
added landscaping will provide a calming effect to a busy area.
The site plan request is for a 65,000 square-foot continuing care retirement facility. The building has a pronounced entrance, utilizes
durable exterior materials, and exhibits
articulation. The north elevation contains a patio area. The roofline is staggered, well-articulated
and enhances the design of the building.
The applicant is requesting two variances pertaining to setbacks. The first variance is a parking setback variance. The City Code requires a 25-foot setback. The applicant is requesting to reduce the setback to 10 feet. The parking is adequately screened from views off of West 78th
street and staff is recommending approval of the parking setback variance. The applicant is also requesting a zero-foot wetland setback variance. In return, the applicant is providing a wider buffer in other areas around the wetlands. Staff is recommending the applicant maintain a minimum 5-foot setback from the edge of the buffer.
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Sec. 20-965. - Continuing care retirement facility The following applies to continuing care retirement facilities:
1. The facility shall maintain state licensing. 2. The facility shall conform to the requirements of the Minnesota State Building Codes and Fire Codes.
3. The facility shall be connected to municipal services. 4. The facility shall be of residential style and character with a maximum structure height of 35 feet.
5. Parking areas shall be screened from public or private right-of-way and adjacent single-family residential areas. 6. One-third parking space per bed shall be provided with an additional parking space for every
employee on the largest single shift.
7. The facility shall be located in a medium or high-density district with a gross density not exceeding 16 beds per acre.
8. Access to the site shall be from a collector or arterial street as defined in the comprehensive
plan.
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Finding: The site will be licensed and conform to the requirements of the Minnesota State
Building and Fire Codes. The site will be connected to municipal services. The building has a residential appearance to it. It maintains a one-story appearance and most of the parking is located underground. The building has a capacity of 48 individuals and 25 employees on the major shift. This will translate to 41 parking spaces. The applicant is providing 27 surface
parking spaces and 17 underground parking spaces for a total of 44 spaces. The access to the
site will be via West 78th Street which is classified as a collector Street. LIGHTING/SIGNAGE
The applicant failed to submit a lighting plan. The applicant must prepare a lighting plan and
include photometrics. Light levels for site lighting shall be no more than one-half foot candle at the project perimeter property line. This does not apply to street lighting. The applicant has not submitted a light fixture design. This fixture must be downcast and the light cut off at a 90-degree angle. The City Code requires all fixtures be shielded.
The signs for this project include: One monument sign is proposed to be located along West 78th Street. The size of
the sign may not exceed 24 square feet nor
be higher than 5 feet. The sign shall be set back a minimum of 10 feet from the property line. The sign must comply with the sign ordinance. The logo may not
exceed 30% of the sign area. The letters
shall be backlit and use individual dimension letters, at least one-half inch deep. The sign materials are compatible with the building. The applicant must apply for a sign permit. PARKING
The ordinance requires one-third parking space per bed with an additional parking space for every employee on the largest single shift. The building has a capacity for 48 individuals which translates to 16 parking spaces. The major shift will have 25 employees. The total number of parking spaces required is 41. The applicant is providing 44 parking spaces.
ARCHITECTURAL COMPLIANCE
Size, Portion and Placement
Entries: The building has a pronounced entrance.
Articulation: The building incorporates adequate detail and has been tastefully designed. The
architectural style is unique to the buildings but will fit in with the surrounding area. The building will provide a variation in style through the use of limestone and EIFS. The building utilizes exterior materials that are durable and of high quality.
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Signs: All signage must meet the sign ordinance.
Material and Detail
High quality materials are being used on the building.
Color
The colors chosen for the building are earth tones. The selection is unique but blends in with the surrounding buildings.
Height and Roof Design
The maximum building height permitted is three stories. The building meets the ordinance
requirement. The roofline is staggered, adding articulation to the design of the buildings. The ordinance requires a pitched element on building. Multiple pitched elements are used to break the expanse of the pitched roof to comply with this requirement. All rooftop equipment must be screened from views.
Facade Transparency
All facades viewed by the public contain more than 50 percent windows and/or doors. Loading Areas, Refuse Areas, Etc.
The trash enclosure is located inside the building. Recycling space and other solid waste collection space should be contained within the same enclosure. SITE PLAN FINDINGS
In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: 1. Consistency with the elements and objectives of the city's development guides, including the
Comprehensive Plan, official road mapping, and other plans that may be adopted;
2. Consistency with this division; 3. Preservation of the site in its natural state to the extent practicable by minimizing tree and
soil removal and designing grade changes to be in keeping with the general appearance of the
neighboring developed or developing areas; 4. Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development;
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5. Creation of functional and harmonious design for structures and site features, with special
attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community;
b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and
uses; and
d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and
vehicular traffic and arrangement and amount of parking.
6. Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on
neighboring land uses.
Finding: The proposed development is consistent with the city's design requirements, the Comprehensive Plan, the zoning ordinance if the setback variances are approved, the design standards, and the site plan review requirements. Staff is recommending approval of the request
with conditions. The site design is compatible with the surrounding developments. It is
functional and harmonious with the area. Staff regards the project as a reasonable use of the land. The overall design is sensitive to the city’s image. Based upon the foregoing, staff is recommending approval of the site plan with
conditions outlined in the staff report.
ACCESS The development fronts on West 78th Street near the intersection of Audubon Road and TH 5 and
proposes one access driveway on the far west side of the site. The Minnesota Department of
Transportation (MnDOT) was provided plans for review due to the proximity of TH 5 and had no comments or subsequent conditions based on the provided plans. Twenty-three parking stalls are distributed near the west side of the building, 4 along the east and an additional seventeen parking stalls are located underground. A turn-around, as required by Sec. 20-1122.4.h due to
access being had from a collector street, has been integrated near the parking stalls to the west of
the building. A turning movement analysis utilizing the largest anticipated design vehicle (at a minimum the largest Chanhassen Fire Department truck) shall be provided to ensure there is adequate spacing with no conflicts within the turnaround, the driveway entrance/exit, and with the traffic control devices located on West 78th Street (raised median, pavement striping, etc.).
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EASEMENTS
The existing condition survey, which was completed in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, did not find any existing easements on the subject properties. However, the provided existing condition survey did not
survey the entire limits of proposed construction. The applicant is proposing construction south
of the property within right-of-way (city and MnDOT) for sanitary sewer service, discussed later in this report under “Utilities”. The applicant will be required to update the existing condition survey to incorporate the full extent of the proposed construction limits.
GRADING
The applicant is proposing to grade the site to accommodate the construction of a 48-unit (65,000 gross square feet) continuing care building, which includes underground parking. Through the proposed grading plan, drainage will be routed away from the building into a series of catch
basins and stormwater pipe located in the drive and parking areas, and then directed to a
filtration basin on the eastern portion of the development. Due to the constraints of the site, the applicant is proposing to grade within a wetland buffer. The accompanying landscaping plan does not indicate any restoration of the disturbed area. Per City Code, restoration with native plant species is required for any disturbed areas within a wetland buffer during construction.
This needs to be revised on the plans along with the location of the required wetland buffer
monumentation. Furthermore, the grading plan must indicate the location of stockpiles and provide haul routes for any required fill/excavation. WETLANDS
A Notice of Decision of the wetland boundary and type was approved on July 19, 2019. The wetland delineation indicates the wetland is 0.0073 acres of a Type 1/2, located adjacent to Riley Creek. While there is no direct impact to the wetlands on site, the applicant is proposing to encroach into the proposed wetland buffer during construction activities, as discussed previously
under “Grading”. Additionally, the applicant is requesting wetland buffer averaging and a
reduction in wetland buffer setbacks due to site conditions and constraints, such as: dynamic topography, wetland location in relation to site boundaries, and adjacent street frontage treatments. While staff generally agrees that the site has inherent constraints due to the location of the wetland and the proposed structure and property lines, the applicant’s proposal is to have a
minimum buffering average width of 20 feet coupled with a zero-foot setback at one location and
less than five feet at another, as illustrated below.
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While staff believes a 20-foot minimum buffer with averaging is acceptable, the approval of the buffering average must also be reviewed and approved by Riley Purgatory Bluff Creek
Watershed District (RPBCWD). The setback is solely regulated by the city and City Code under
Sec. 20-411. The minimum setback requirement for a principal structure from the buffer edge is 30 feet for wetlands classified as Manage 1/2. This setback is necessary to maintain an area to allow property/building owners to maintain the primary structure and its surroundings while not encroaching nor disturbing the wetland buffer. A zero-foot setback would not allow for such
maintenance, promoting encroachment into the buffer, and should not be approved. Due to the
constraints of the site, staff recommends a minimum of a 5-foot setback be adhered to at all times along the wetland buffer, and plans be resubmitted illustrating conformance with this condition for review and approval by the city prior to recording of the Site Plan Agreement. RETAINING WALLS A total of five retaining walls are proposed with the development. One retaining wall, extending from the northwest corner of the building, appears to be over four feet in height. While top-of-wall and bottom-of-wall elevations were not provided, based on proposed topographic grade line elevations, it appears the retaining wall will reach a maximum height of approximately nine feet.
Bottom wall elevations and top of wall elevations for the entire wall section for all five retaining walls shall be provided. In accordance with Sec. 20-1025 of City Code, walls that exceed four feet in height shall be designed by a registered engineer, and plans shall be submitted for review and approval prior to the commencement of any grading activities.
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DRAINAGE AND EROSION CONTROL
The proposed development will exceed one acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES
Construction Permit). All erosion control shall be installed and inspected prior to initiation of
site grading activities. The applicant has submitted an erosion control plan and a Stormwater Pollution Prevention Plan (SWPPP), however revisions and updates to the plans and SWPPP are required in order to meet the requirements of the NPDES Construction Permit and Sec. 19-145 of the City Code. This will include, but is not limited to: updated language in the SWPPP to be site
specific and not general language pulled directly from the permit; BMPs to protect planned
infiltration/filtration areas; provide redundant (double) perimeter sediment controls when a surface water is located within 50 feet of the project’s earth disturbances; location of stock pile for grading and for topsoil. A more detailed redline of the SWPPP and erosion control plan will be provided to the applicant.
STORMWATER MANAGEMENT Article VII, Chapter 19 of City Code describes the required stormwater management development standards. Section 19-141 states that “these development standards shall be
reflected in plans prepared by developers and/or project proposers in the design and layout of site
plans, subdivisions and water management features.” These standards include abstraction of 1.0 inch of runoff from the new impervious surfaces created by the project and water quality treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total phosphorous (TP). The applicant has provided a stormwater management proposal that meets
the standards set forth in Chapter 19 for TSS and TP removals, but not abstraction.
The applicant has submitted a preliminary Stormwater Management Report (SMR) produced by Matthew R. Pavek, P.E. (MN No. 44263) with Civil Site Group. The applicant proposed treatment of stormwater runoff with the use of a filtration basin located on the east side of the
development. Based on the information and analysis provided regarding treatment of stormwater
for TS and TPP, the filtration method proposed will be sufficient to meet the quality requirements of the city. However, an updated SMR must be provided that will include the inputs for the P8 model used for calculating these TS and TPP levels. Furthermore, rate controls have been shown to reduce post-construction flows from pre-existing flows, meeting City Code.
However, insufficient abstraction is provided. Currently, 0.19 inches of runoff from the new
impervious surfaces is being proposed for abstraction, while city standards is to capture 1.0 inch and the more restrictive rule of RPBCWD is 1.1 inches. The applicant has conducted soil borings and analysis identifying “Type D” soils (slow draining, “tight” soils with an infiltration rate of 0.06 in./hr.), which could qualify the project site to be “restricted” through RPBCWD rules,
lowering the required abstraction to 0.55 inches. Regardless, the proposed design for abstraction
(0.19 inch) does not meet the rules and requirements of the city or RPBCWD. The applicant shall submit updated plans and modeling to provide for a required abstraction of 0.55 inches if the RPBCWD deems the site “restricted”, and meet all conditions and comments to obtain a RPBCWD permit. If the site is deemed “non-restricted”, then abstraction must meet the 1.1 inch
abstraction rule.
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Lastly, the applicant shall provide an operation and maintenance plan (O&M) for the private
stormwater BMPs. The O&M of private stormwater BMPs is required in perpetuity and must be approved by the Water Resources Coordinator, or their designee, to be recorded against the benefiting properties.
UTILITIES
Water service is available off West 78th Street via a 12-inch DIP water main. The applicant is proposing to wet tap two services for the building at the public water main: a 4-inch domestic service and a 6-inch fire service. This approach is not approved as only one service is needed to
adequately serve the development. One service will eliminate the need for unnecessary publicly
maintained portions of service lines. Plans shall be resubmitted to achieve one wet tap location for one dual combined domestic and fire service line. This may require the applicant to size the service line to an 8” diameter depending on their engineer’s analysis and required fire flows. The applicant has also proposed a gate valve near the property line within the north boulevard
adjacent to the public trail. As the wet tap will inherently have a gate valve at the tap location,
the proposed redundant gate valve approximately 40 feet from the tap location will be owned and maintained by the property owner, and shall be located wholly on the private property. The city’s sanitary sewer network is not available near the subject property, however, the
“Chanhassen Interceptor” sanitary main owned and operated by the Metropolitan Council
Environmental Services (MCES) is directly adjacent to the property. The applicant is proposing to connect a private lateral directly to the MCES interceptor via a manhole located in MnDOT right-of-way. This method and approach has been submitted to MCES for review and has been approved, pending further comments and conditions from MCES. The proposal shows a
directional bore of a 6-inch PVC sanitary sewer lateral through the development, across city
right-of-way (West 78th Street) south, and into the MCES manhole located in MnDOT right-of-way. The applicant will be required to apply for MnDOT right-of-way permits along with entering into a maintenance agreement with the city for the proposed inside drop within MCES’ manhole. All proposed sanitary sewer lines will be privately owned and maintained. As such,
no manholes shall be located within public right-of-way.
PRELIMINARY CONSTRUCTION PLAN REVIEW Preliminary construction plan redlines will be provided to the applicant within ten (10) days, or a
reasonable time thereafter, of the Planning Commission hearing date in order to assist and aid the
developer, their engineers and their designers in addressing the comments provided within this report. Any recommendation of approvals does not constitute final approval of details, including but not limited to alignments, materials and points of access, connection or discharge, that are depicted or suggested in the application and/or subsequent plans. The applicant is required to
submit detailed construction drawings and/or plat drawings for the project, as applicable. The
City of Chanhassen Engineering and Public Works Department will review plans, in detail, when they are submitted and approve, reject or require modifications to the plans or drawings based upon conformance with city standards, the Chanhassen Code of Ordinances and the professional engineering judgment of the City Engineer.
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LANDSCAPING AND TREE PRESERVATION
Minimum requirements for landscaping at the proposed development include 1,404 sq. ft. of landscaped area around the parking lot, 2 landscape islands or peninsulas, and 5 trees for the parking lot. The applicant’s proposed as compared to the requirements for landscape area and
parking lot trees is shown in the following table.
Required Proposed
Vehicular use landscape area 1,472 sq. ft. >1,472 sq. ft.
Trees/parking lot 5 trees 5 trees
Islands or peninsulas/parking lot 2 islands/peninsulas 2 islands/peninsulas
The applicant meets minimum requirements for trees and landscaping.
Bufferyard and boulevard tree requirements:
Required Plantings Proposed Plantings Bufferyard A – East prop. line, 140’ 1 Overstory trees 2 Understory trees 2 Shrubs
4 Overstory trees 7 Understory trees 12 Shrubs
Bufferyard B – South prop. line, 360’
7 Overstory trees 14 Understory trees 21 Shrubs
7 Overstory trees 14 Understory trees 22 Shrubs
Bufferyard A – West prop. line, 235’
1 Overstory trees 4 Understory trees
4 Shrubs
7 Overstory trees 12 Understory trees
21 Shrubs
Bufferyard A – North prop. line, 390’
3 Overstory trees 3 Understory trees
7 Shrubs
Existing native vegetation, 50’-100’ in depth
Boulevard trees, West 78th
St., 1 tree per 30’
15 trees 11 trees
The applicant meets all minimum requirements for buffer yards. The quantity of boulevard trees
is short, but with the combined planting space with the buffer yard, staff does not recommend increasing the planting quantities and finds the proposed landscaping acceptable.
Shown on the removals plan is about eight trees along the west property line scheduled for preservation. Staff inspected the trees and while they are of the age and type of species that
would tolerate construction activity, staff doesn’t recommend their preservation. The applicant has planned buffer yard plantings in the same location. The existing trees, mainly boxelder and ash, may be removed.
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COMPLIANCE TABLE
*A reduced parking setback requires a variance. Approval of the site plan is contingent upon approval of the variance.
**A reduced wetland setback variance is being requested. Approval of the site plan is contingent upon approval of the wetland setback variance.
VARIANCE FINDINGS
Variance
Sec. 20-58. - General conditions for granting.
A variance may be granted if all of the following criteria are met:
1. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this chapter and when the variances are consistent with the comprehensive
plan.
2. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter. Practical difficulties include, but are not limited to, inadequate access to
direct sunlight for solar energy systems.
Lot Ordinance Requirements Subject Site
Area 129,600 square feet 155,132 square feet
Lot Coverage 50% 34.5%
Building Height Ordinance Requirements Subject Site
Principal 35’ 29’
Building Setbacks Ordinance Requirements Subject Site
Front yard 50’ 62’
Rear yard 50’ + wetland setback of 30’ 65’ + Zero**
Side yard 50’ 50’ /115.5’
Parking Setback Ordinance Requirements Subject Site
All Yards 25’ 25 sides and 10’ Front*
Parking Requirements Ordinance Requirements Subject Site
Stalls ⅓ space per bed + 1 space per employee on major shift which translates to 16 + 25 = 41 44 spaces
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3. That the purpose of the variation is not based upon economic considerations alone.
4. The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
5. The variance, if granted, will not alter the essential character of the locality.
6. Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter.
Finding: Staff has been working with the applicant and the watershed district to find a reasonable solution to developing this site. It contains multiple wetlands and Riley Creek is located along the northern edge of the site. A reasonable solution was to average the buffer around the wetlands and
reduce the setback in return. Staff is recommending a minimum 5-foot wetland setback and
approval of the watershed district. The parking setback required by ordinance is 25 feet. The intent is to screen the parking lot. The applicant is providing adequate screening that will accomplish the intent of the ordinance. Staff is
recommending approval of the parking setback variance.
RECOMMENDATION Staff recommends adoption of the following three motions:
1. REZONING
"The Planning Commission recommends approval of Planning Case #2020-02 to rezone 3.5 acres of property zoned RR, Rural Residential District, to R-16, High-Density Residential
District, and adoption of the Findings of Fact.”
2. SITE PLAN APPROVAL “The Planning Commission recommends the City Council approve the site plan consisting of a
65,000 square-foot continuing care facility with wetland and front yard setback variances,
Planning Case #2020-2 for The Moments of Chanhassen as shown in plans dated January 6, 2020, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Engineering
1. A turning movement analysis utilizing the largest anticipated design vehicle shall be provided to ensure there is adequate spacing and no conflicts within the required turnaround, the driveway entrance/exit, and with the traffic control devices located on
West 78th Street (raised median, pavement striping, etc.) prior to the issuance of building permits.
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2. An updated existing condition survey shall be submitted with revised plans that includes
the full extents of the construction limits for review and approval by the city prior to recording of the Site Plan Agreement. 3. Plans shall be updated to provide a planting and revegetation plan specific for grading
within the wetland buffer prior to the commencement of grading operations.
4. Plans shall illustrate the location of the required wetland buffer monumentation prior to issuance of building permits.
5. A minimum 5-foot setback shall be adhered to at all times along the wetland buffer and
plans shall be resubmitted for review and approval by the city prior to recording of the Site Plan Agreement. 6. Bottom wall elevations and top of wall elevations for the entire wall section of all five (5)
retaining walls shall be provided prior to the commencement of grading activities.
7. Revisions and updates to the erosion control plans and SWPPP shall be submitted to meet the requirements of the NPDES Construction Permit and Sec. 19-145 of City Code prior to the commencement of grading activities. This will include, but is not limited to:
updated language in the SWPPP to be site specific and not general language pulled
directly from the permit; BMPs to protect planned infiltration/filtration areas; provide redundant (double) perimeter sediment controls when a surface water is located within 50 feet of the project’s earth disturbances; location of stock pile for grading and for topsoil, haul routes, etc.
8. The applicant shall submit updated plans and modeling to provide for the required abstraction and obtain a RPBCWD permit prior to the issuance of building permits. 9. The applicant shall provide an operation and maintenance plan (O&M) for the private
stormwater BMPs. The O&M of private stormwater BMPs is required in perpetuity and
must be approved by the Water Resources Coordinator, or their designee, to be recorded against the benefiting properties, prior to building permits being issued. 10. Plans shall be resubmitted to achieve one wet tap location for a dual combined domestic
and fire water service line, for review and approval by the city, prior to issuance of
building permits. 11. Any redundant gate valves past the wet tap location will be owned and maintained by the property owner, and shall be located wholly on the private property.
12. It is the applicant’s responsibility to ensure and submit proof 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.).
Planning Commission
The Moments of Chanhassen
February 4, 2020 Page 19 of 20
13. The applicant will be required to enter into a maintenance agreement with the city for the
proposed inside drop within MCES’ manhole prior to issuance of building permits. 14. All proposed sanitary sewer lines will be privately owned and maintained, thus no manholes shall be located within public right-of-way. Plans shall be updated and
resubmitted for review and approval by the city prior to issuance of building permits.
Environmental Resources 1. The applicant shall remove the existing trees within the grading limits along the west
property line.
Fire Marshal 1. Show any lower level exit doors and egress paths outdoors away from the building. This
type of development cannot omit lower level exit doors.
Planning
1. All rooftop and ground equipment must be screened from views. 2. The applicant must prepare a lighting plan and include photometrics. Light levels for site lighting shall be no more than one-half foot candle at the project perimeter property line.
This does not apply to street lighting. The applicant has not submitted a light fixture
design. This fixture must be downcast and the light cut off at a 90-degree angle. The city code requires all fixtures be shielded. 3. Approval of the site plan applications is contingent upon approval of the rezoning and
variances.
4. The monument sign may not exceed 24 square feet in area nor be higher than five feet. The sign shall be located 10 feet from the property line. A sign permit is required before construction of the sign.
5. Sign illumination and design shall comply with ordinance. 6. Recycling space and other solid waste collection space should be contained within the same enclosure as the trash.
7. Approval of the site plan is contingent upon consolidation of the two parcels into a single zoning lot.
Planning Commission
The Moments of Chanhassen
February 4, 2020 Page 20 of 20
ATTACHMENTS
1. Findings of Fact and Recommendation. 2. Application and Narrative. 3. Plans dated January 6, 2020.
4. Public Hearing Notice and Affidavit of Mailing.
5. E-mail from Kari Barker and reply from Jill Sinclair, Environmental Resources Specialist. 6. 60-day Extension. 7. E-mail from CenturyLink dated January 8, 2020.
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