PC SUM 2009 05 05
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
MAY 5, 2009
Chairman Papke called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Kurt Papke, Kevin Dillon, Kathleen Thomas, Debbie Larson, Mark
Undestad, and Denny Laufenburger
MEMBERS ABSENT:
Dan Keefe
STAFF PRESENT:
Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; and Alyson Fauske, Assistant City Engineer
PUBLIC HEARING:
7470 CHANHASSEN ROAD: REQUEST FOR A ZONING APPEAL OF AN
ADMINISTRATIVE DECISION REGARDING MULTIPLE DWELLINGS ON A
SINGLE LOT ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF)
LOCATED AT 7470 CHANHASSEN ROAD. APPLICANT/OWNER: JOHN
COLFORD, PLANNING CASE 09-05.
Public Present:
Name Address
John Colford 11256 Jersey Avenue No, Champlin
Gary Connell 6201 Murray Hill Road
Tracey Rust 7500 Chanhassen Road
Dave Miller 7596 Debbie Lane, Eden Prairie
Patty Fitzsimmons 7480 Chanhassen Road
Tim McHugh 7450 Chanhassen Road
Bob Generous presented the staff report on this item. Commissioner Dillon asked about the
status of the second home if the kitchen appliances are removed and how the property was able
to exceed the zoning setbacks. Commissioner Laufenburger asked why the garage is allowed to
stay, what is allowed to be further built on the site and clarification of the calculations regarding
hard surface coverage. Commissioner Larson asked for clarification on what the City would
accept for Building B. Commissioner Undestad asked about the history of the lot being a single
lot. Chairman Papke asked staff to comment on what is the rationale for stipulating one and
only one principle residence on a lot. The applicant, John Colford explained his current situation
related to securing financing for the proposed project and the need to keep Building B for
appraisal purposes. Chairman Papke opened the public hearing. Gary Connell, 6201 Murray
Hill Road was interested in the outcome of this request because he has a similar situation with
his principle house being built in 1935 and a carriage house up at the garage which us intended to
be used as an in-law apartment. Tracey Rust, 7500 Chanhassen Road stated her biggest fear is
Planning Commission Summary - May 5, 2009
that the property continue to be a rental property. She asked if everything has been looked at to
reduce the cost of constructing the new house so that the second dwelling doesn’t need stay
because of the possibility of it being rented out and if the proposal is approved, would the
exteriors of the two existing buildings be required to match the newly constructed building.
Dave Miller on the Eden Prairie side of this property expressed concern with multi-unit
dwellings in a single family neighborhood. Speaking personally as an owner of 5 rental
properties, he did not see the economic feasibility of renting this property but felt building the
new house would be an improvement to the neighborhood. Patty Fitzsimmons, 7480
Chanhassen Road, next door neighbor to the south, stated their main concern was that the house
was being built closer to the lake and blocking their view of the lake. Tim McHugh, 7450
Chanhassen Road, the next door neighbor to the north, stated that if Building B was removed the
applicant could move the new house back and center it on the property thus not blocking their
view. John Colford responded to each of the neighbors concerns, assuring them he did not want
to be a landlord, the siting of the house on the property, and tree loss. Chairman Papke closed
the public hearing. After comments and discussion by commission members, the following
motion was made.
Dillon moved, Laufenburger seconded that the Chanhassen Planning Commission affirms
the staff interpretation, Planning Case 09-05 for the property described as Lots 6 and 7,
Sunset View Addition for the regulation regarding multiple dwelling units on a single
family lot and requires the applicant to remove Buildings A and B in order to build a
larger dwelling unit. All voted in favor, except Thomas who opposed, and the motion
carried with a vote of 5 to 1.
PUBLIC HEARING:
POWERS CROSSING PROFESSIONAL CENTER: REQUEST FOR A CONDITIONAL
USE PERMIT WITH VARIANCES FOR DEVELOPMENT IN THE BLUFF CREEK
CORRIDOR; SUBDIVISION INTO ONE LOT, OUTLOTS AND DEDICATION OF
PUBLIC RIGHT-OF-WAY; REZONING FROM AGRICULTURAL ESTATE (A2) TO
OFFICE/INSTITUTIONAL (OI), AND SITE PLAN REVIEW WITH VARIANCES FOR
A TWO-PHASE, THREE STORY, 160,000 SQUARE FOOT PROFESSIONAL CENTER,
UP TO A 731 STAFF, FIVE LEVEL PARKING RAMP AND SIGNAGE ON PROPERTY
LOCATED ON OUTLOT A, BUTTERNUT RIDGE (SOUTHEAST CORNER OF
POWERS BOULEVARD AND HIGHWAY 312). APPLICANT: UNITED PROPERTIES
LLC/TIMOTHY & DAWNE ERHART, PLANNING CASE 09-06.
Public Present:
Name Address
Bill Katter, United Properties 3500 American Blvd W, Minneapolis 55431
Dan Parks Westwood Professional Services
Kevin Ellsworth 9601 Flintlock Trail
Johnnie Meyering 1050 Homestead Lane
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Planning Commission Summary - May 5, 2009
Bob Generous presented the staff report on this item. Commissioner Laufenburger asked for
clarification on when the parking ramp would be constructed, soil stability, if the outlot ponds
are sized appropriately to handle back to back 100 year storm events, and the layout of the
collector road between Highway 101 and Powers Boulevard. Commissioner Dillon asked about
the location of the sign variance. Commissioner Undestad asked about the process in
determining the primary corridor lines for Bluff Creek. Chairman Papke asked about the
unresolved issues from the storm water management perspective. Bill Katter with United
Properties, after providing some background information on United Properties, presented the
applicant’s proposal and addressed issues in the staff’s conditions regarding changing the plat
name from Butternut Ridge, drainage issues, the amount of storm water fees being charged,
location of utility easements on the site, traffic issues and the landscaping plan regarding the
number of trees. Chairman Papke asked the applicant to clarify what’s being done to address
storm water management, poor soils on the site and addressing light pollution in this area before
opening the public hearing. Kevin Ellsworth, 9601 Flintlock Trail voiced his support of the
project. Johnnie Meyering, 1050 Homestead Lane expressed concern that the building could go
higher than 5 stories, and a concern with the quality of their well water since the construction of
Highway 212. Chairman Papke closed the public hearing. After comments from commission
members, the following motions were made.
Undestad moved, Larson seconded that the Chanhassen Planning Commission
recommends that the City Council approves the Rezoning of Lot 1, Block 1, Butternut
Ridge First Addition, from Agricultural Estate District, A2, to Office & Institutional
District, OI. All voted in favor and the motion carried unanimously with a vote of 6 to 0.
Undestad moved, Larson seconded that the Chanhassen Planning Commission
recommends that the City Council approves the Conditional Use Permit with Variances to
encroach into the primary zone and required buffer for development in the Bluff Creek
Corridor; subject to the following conditions:
1.The property line may be revised to incorporate the reconveyed property from MnDOT to the
developer.
2.The developer shall meet design and construction standards that would lead to, at a
minimum, certification by the Leadership in Energy and Environmental Design (LEED)
Green Building Rating System by the U.S. Green Building Council, or comply with the
Minnesota Sustainable Building Guidelines (MSBG).
3.To mitigate for the effects of development within the primary corridor, the developer should
be required to meet green construction standards for the whole site.
4.All openings created in the wooded areas on the east and south sides of the development shall
be reforested with native tree species. Planting stock sizes may be variable. Species selected
must be from the Bluff Creek Management Plan native plant list. These areas shall not be
mowed or managed as turf areas.
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Planning Commission Summary - May 5, 2009
5.Evaluate other site designs, stormwater management techniques and low-impact development
practices for their benefit in reducing impacts to the primary and secondary zones of the
Bluff Creek Overlay District.
6.Reforest those areas disturbed to grade the site but do not have structures on them. The
reforestation should be done with deciduous tree species representative of the existing
species composition. The forested areas are dominated by bur oak.
7.Maintain the natural drainage patterns.
8.The applicant must clearly illustrate how impacts to the primary zone are to be mitigated.
This mitigation must consider all benefits derived from the primary zone as described in
Article XXXI of the Chanhassen City Code.
9.The area east of Lot 1 within Outlot A within the primary corridor of Bluff Creek shall be
covered by a conservation easement. This easement shall restrict activities within the area
and prohibit any development. The City shall have final approval of the easement
restrictions. Any wetland mitigation activities that are required within this area shall have
final approval by City staff. No additional activities shall be allowed within this area and
access to the mitigation site shall be the existing path.
10.The wooded areas of Lot 1 and Outlot B within the Bluff Creek primary zone shall be
covered by a conservation easement that restricts specific activities and prohibits any further
development within the area.”
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
Undestad moved, Larson seconded that the Chanhassen Planning Commission
recommends that the City Council approvesthe Subdivision Preliminary Plat creating one
lot, two outlots and dedication of public right-of-way, plans prepared by Westwood
Professional Services, Inc., dated April 1, 2009, subject to the following conditions:
1.Revise the Plat name to Butternut Ridge First Addition.
2.The developer shall either dedicate/donate an Outlot or record a conservation easement
containing the Bluff Creek Primary zone north of the road right-of-way in Outlot A. A
conservation easement shall be recorded over the Bluff Creek Primary zone located within
Lot 1 and Outlot B. This easement shall restrict activities within the area and prohibit any
development. The City shall have final approval of the easement restrictions. The easement
shall be recorded with the first phase of the development.
3.Submit proposed names for street labeled “Access Road” on plans for approval.
4.The drainage report and plans must be revised to address comments from MnDOT.
5.The applicant must obtain a MnDOT drainage permit.
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Planning Commission Summary - May 5, 2009
6.The drainage report and plans must be modified so that the peak discharge rate to the off-site
wetland does not increase under fully developed conditions.
7.The plans must be revised to provide either an overland emergency overflow or an additional
outlet control structure at a higher elevation.
8.The developer must submit a letter from an engineer stating that the retaining wall east of the
building can accommodate temporary ponding behind the wall.
9.The alignment of the bypass storm sewer pipe must be redesigned to eliminate excess cover
over the pipe.
10.If MnDOT allows a connection to the Highway 212 storm pipe, then show the existing pipe
on the plan sheets.
11.Building permits are required for retaining walls four feet tall or higher and must be designed
by a Structural Engineer registered in the State of Minnesota.
12.A manhole must be installed at the terminus of the sanitary sewer.
13.All sanitary sewer and watermain within Lot 1, Block 1 shall be privately owned and
maintained.
14.The storm sewer that will convey runoff from the drainageway to the east of the property
shall also be privately owned and maintained, including those portions that lie within public
right-of-way and the City owned outlot.
15.The 20-foot wide drainage and utility easement shown on the preliminary plat over this storm
sewer must be deleted.
16.Delete the 20-foot wide drainage and utility easement for the future watermain.
17.Provide a temporary blanket drainage and utility easement over the proposed forcemain
corridor.
18.A permanent 20-foot wide easement will be required over the final forcemain alignment.
19.Each new lot will be subject to the sanitary sewer and water hookup charges. These fees will
be collected with the building permit, subject to the rates in effect at the time of building
permit, and shall be based on the Metropolitan Council Environmental Services’ SAC unit
determination.
20.All of the utility improvements are required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. The applicant is also required to
enter into a development contract with the City and supply the necessary financial security in
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Planning Commission Summary - May 5, 2009
the form of a letter of credit or cash escrow to guarantee installation of the improvements and
the conditions of final plat approval.
21.All public utility improvements will require a preconstruction meeting before building permit
issuance. Permits from the appropriate regulatory agencies will be required, including the
MPCA, Department of Health, Carver County and Watershed District.
22.Upon project completion as-built drawings must be submitted for the private utilities.
23.The double left turn lane on southbound Powers Boulevard must be constructed with Phase I
improvements.
24.The developer must coordinate the construction of the double left turn lane with Carver
County and provide additional right-of-way, if needed.
25.The developer must pay a cash fee with the final plat to cover the cost of the traffic signal.
26.A temporary roadway, drainage and utility easement must be provided over the cul-de-sac at
the east end of the access road.
27.This property is subject to the Arterial Collector Fee which is $3,600 per developable acre.
The acreage used in this calculation shall include the right-of-way turnback from both
Highway 212 and Powers Boulevard. This fee shall be paid in cash with the final plat
28.The RIM and Flowage Easements need to be indicated on the plat. This should include the
document number 10-05-87-1.
29.The wetland mitigation area in Outlot A needs to be created. A Declaration of Restrictions
and Covenants needs to be executed and recorded with Carver County. This document
number needs to be included on the plat.
30.The remaining conditions of approval for WAP #2006-32 need to be met:
a.The plans shall be revised to show how M-1 will be accessed. The access route shall be
stable, shall avoid damage to significant trees (greater than 10” DBH) and shall avoid
impacts to natural drainageways and any jurisdictional wetlands that may exist on site
that were not delineated by Westwood Professional Services in August 2006.
b.A planting plan for M-1, including invasive vegetation management techniques, species
to be planted, proposed planting rates, and the approach to upland buffer restoration, shall
be submitted prior to final City Council approval.
c.The applicant shall submit a letter of credit equal to 110% of the cost of the wetland
creation (including grading and seeding) to ensure the design standards for the
replacement wetland are met. The letter of credit shall be effective for no less than five
years from the date of final plat approval. The applicant shall submit a cost estimate for
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Planning Commission Summary - May 5, 2009
wetland creation (including grading and seeding) so the City can calculate the amount of
the wetland creation letter of credit.
d.A five-year wetland replacement monitoring plan shall be submitted. The replacement
monitoring plan shall include a detailed management plan for invasive non-native
species, particularly hybrid cattail, purple loosestrife and reed canary grass. The plans
shall show fixed photo monitoring points for the replacement wetland. The applicant
shall provide proof of recording of a Declaration of Restrictions and Covenants for
Replacement Wetland.
31.The legal wetland boundary of the RIM wetland was not delineated in the Westwood
Wetland Delineation Report dated August of 2006. This boundary must be delineated and
wetland impacts avoided where possible.
32.Because of the perpetual RIM and flowage easements the plans must be provided to the
Natural Resources Conservation Service for review and comment. Any comments from the
NRCS must be made available to the City.
33.Drainage to the RIM wetland from the south flows through a defined swale. The conveyance
of this flow must be maintained under the proposed road extension.
34.Erosion Control plan needs to be updated per the July comments:
a.Show a 75-foot rock construction entrance.
b.Show rounding of corners for proposed grades.
c.Erosion control blanket shall be shown on all slopes east of the proposed building and
adjacent to the pond.
d.An NPDES permit must be obtained prior to any site grading and a SWPPP must be
provided to the City for review and comment.
e.Replace MnDOT 340 mix with a modified BWSR U7 seed mix.
35.Estimated SWMP fees due at the time of final plat are $271,506.20.
36.The development must comply with Carver Soil and Water Conservation District comments.
37.All openings created in the wooded areas on the east and south sides of the development shall
be reforested with native tree species. Planting stock sizes may be variable. Species selected
must be from the Bluff Creek Management Plan native plant list. These areas shall not be
mowed or managed as turf areas.
38.The following practices are required in order to insure the best chance of survival for the
highlighted oaks to be preserved along the east side of the development:
a.Understory trees near the oaks shall be preserved.
b.Roots at the grading limits shall be cut cleanly with a trencher or vibratory plow.
c.Tree preservation fencing shall be installed prior to any grading.
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Planning Commission Summary - May 5, 2009
d.Trees shall be thoroughly watered during dry periods.
39.The applicant shall install a second tier to the retaining wall at the north end of the east side
of the development to preserve the grade surrounding the oaks proposed to be saved.
40.Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction. Fencing shall be in place and maintained until all construction is completed.
41.Any trees removed in excess of proposed tree preservation plans, dated 10/06/08, will be
replaced at a ratio of 2:1 diameter inches.
42.All trees removed shall be chipped or hauled off site. No burning permits shall be issued.
43.The developer shall pay the full park dedication fee in force at the time of final plat approval
and prior to recording.
44.Construction of the 10-ft. wide bituminous access road trail and the North Trail. The North
Trail plans shall be modified dedicating a permanent 20-foot wide trail easement to allow for
appropriate separation from adjoining improvements and boulevard areas for winter plowing,
snow storage and aesthetics.
45.Dedication of a permanent triangular shaped trail easement at the South East corner of Lot 1,
Block 1. The triangle shall be 50’ in length on its South side and 200’ in length on its East
side.”
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
Undestad moved, Larson seconded that the Chanhassen Planning Commission
recommends that the City Council approvesthe Site Plan with Variances for building
height and Bluff Creek Primary Zone setbacks for Planning Case #08-16, for a two-phase,
three-story, 160,000 square-foot professional office building, and up to a 731-stall, five-level
parking ramp on Lot 1, Block 1 of the development, plans prepared by Pope Associates,
Inc. and Westwood Professional Services, Inc., dated April 1, 2009, subject to the following
conditions:
1.The final plat for the development shall be recorded prior to the issuance of a building
permit.
2.The full buildout is predicated upon a turnback to the land owner of MnDOT right-of-way.
In the event that this turnback does not occur, the applicant may build a four-story building
totaling 112,000 square feet subject to parking compliance with City Code.
3.The developer shall meet design and construction standards that would lead to, at a
minimum, certification by the Leadership in Energy and Environmental Design (LEED)
Green Building Rating System by the U.S. Green Building Council, or comply with the
Minnesota Sustainable Building Guidelines, MSBG.
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Planning Commission Summary - May 5, 2009
4.The developer shall continue the architectural detailing through the use of the three brick
colors as well as the use of stone and metal on the garage structure.
5.The developer shall provide secure bicycle racks and/or storage (within 200 yards of a
building entrance) for 5% or more of all building users (measured at peak periods), and
provide shower and changing facilities in the building. The developer should also provide
benches throughout the site as well as tables and chairs in the patio area.
6.The light fixtures shall be revised to high-pressure sodium lighting.
7.The buildings are required to have an automatic fire extinguishing system.
8.The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
9.Accessible routes must be provided between commercial building(s), parking facilities and
public transportation stops.
10.All parking areas, including parking structure, must be provided with accessible parking.
11.The developer shall comply with the minimum parking setback requirement and install
appropriate berming and or landscaping to allow the 10 feet setback.
12.Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
13.All openings created in the wooded areas on the east and south sides of the development shall
be reforested with native tree species. Planting stock sizes may be variable. Species selected
must be from the Bluff Creek Management Plan native plant list. These areas shall not be
mowed or managed as turf areas.
14.The applicant shall install a second tier to the retaining wall at the north end of the east side
of the development to preserve the grade surrounding the oaks proposed to be saved.
15.The applicant does not meet required landscape quantities for parking lot trees and
islands/peninsulas in both phases. The applicant must meet minimum requirements for
parking lot trees and landscape islands/peninsulas.
16.Phase I: The applicant does not meet minimum requirements for either of the bufferyard
areas. The applicant shall revise the landscape plan to meet minimum requirements.
17.Phase II: The applicant does not meet the minimum requirements for bufferyard areas. The
applicant shall increase the plantings to meet minimum requirements.
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Planning Commission Summary - May 5, 2009
18.The applicant must replace the Colorado spruce with other approved species in the plant
schedule.
19.All transplanted materials must be pre-approved by the City. Transplanted trees will not be
accepted if substituted without City approval. If approved for transplanting, the material
must be warranted for a minimum of one year. If transplanted materials die, they must be
replaced with nursery stock.
20.Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction. Fencing shall be in place and maintained until all construction is completed.
21.Any trees removed in excess of proposed tree preservation plans, dated 04/01/09, will be
replaced at a ratio of 2:1 diameter inches.
22.All trees removed shall be chipped or hauled off site. No burning permits shall be issued.
23.The North Trail plans or parking lot design shall be modified to allow for appropriate
boulevard areas for winter plowing, snow storage and aesthetics.
24.A 3-foot clear space must be maintained around fire hydrants, and nothing shall be placed in
front of the hydrant outlets, connections, fire protection control valves that would interfere
Section 508.5 MN. Fire Code and Sec.508.5.4.
with fire fighter operations.
25.No burning permits shall be issued for trees to be removed. Trees and shrubs must be
removed or chipped on site.
26.Contact the Chanhassen Fire Marshal for locations of “No Parking Fire Lane” signage, and
MN Fire Code Sec. 503.3.
locations of curbing to be painted yellow.
27.Fire apparatus access roads and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of
MSFC
construction except when approved alternate methods of protection are provided.
sec 501.4.
28.Fire apparatus access roads shall be designed and maintained to support the imposed loads of
MSFC
fire apparatus and shall be serviced so as to provide all-weather driving capabilities.
Sec. 503.2.3.”
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
Undestad moved, Larson seconded that the Chanhassen Planning Commission
recommends that the City Council approves a sign size Variance request to permit an eight
(8) foot tall sign with up to 64 square feet of sign display area, subject to the following
conditions:
1.Separate sign permits shall be required for each sign.
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Planning Commission Summary - May 5, 2009
2.The development name in the monument sign shall be individual dimensioned letters with a
minimum ½-inch projection.
3.Only one monument sign shall be permitted for the Powers Crossing Professional Center site.
4.The sign height for the directional signs shall be reduced to five feet. The display area for
sign #2 shall be reduced to four square feet.
5.The sign location shall meet all setback and site triangle requirements.”
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
APPROVAL OF MINUTES: Commissioner Thomas noted the verbatim and summary
minutes of the Planning Commission meeting dated April 21, 2009 as presented.
COMMISSION PRESENTATIONS:
None.
Chairman Papke adjourned the Planning Commission meeting at 9:05 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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