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PC Minutes 02-16-10Chanhassen Planning Commission – February 16, 2010 1. Erosion control measures are to be installed on the slope and maintained until final stabilization is achieved. These measures should include staggered silt fence with J- hooks or staggered bio-rolls with J-hooks. 2. The applicant shall vegetate the bluff in accordance with the Landscape Plan submitted by Bobby Jensen’s Landscape Junction, stamped “Received January 14, 2010”. 3. No area within the bluff impact zone and below the more upslope retaining wall is to be maintained as yard. 4. No mowing shall occur within the Bluff Impact Zone except as needed per an approved vegetation management plan to control noxious weeds or to establish native vegetation consistent with the surrounding plant community. 5. Recruitment of seedlings from the surrounding seed source trees shall be allowed in the area below the second retaining wall. No efforts shall be taken to control the growth of trees in this area unless they are considered invasive, such as common buckthorn or black locust. 6. Imported soil materials need to be granular with no greater than 10% clay content to allow for infiltration. 7. Location of drain tile outlets shall be such that it does not create a nuisance condition nor promote erosion. Stabilization BMP’s shall be placed at the discharge point and shall be inspected by the Water Resources Coordinator. 8. The applicant shall work with staff to determine the height of the step when connecting the proposed wall to the easterly portion of the existing wall. 9. The retaining wall shall be located no lower than the existing 915’ contour. 10. A zoning permit shall be applied for and approved prior to construction. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: PUD AMENDMENTS: REQUEST TO AMEND THE FOLLOWING PLANNED UNIT DEVELOPMENTS LOCATED SOUTH OF HIGHWAY 212, AT THE NORTHEAST AND NORTHWEST INTERSECTIONS OF LYMAN BOULEVARD AND HIGHWAY 101: SOUTHWEST VILLAGE AND CHANHASSEN GATEWAY. APPLICANT: CITY OF CHANHASSEN, PLANNING CASE 10-03. Al-Jaff: Chairman Laufenburger, members of the Planning Commission. On December 1, 2009 staff presented an issue paper to the Planning Commission explaining the need to amend various planned unit development ordinances governing developments within the city. Staff is proposing that in the event the PUD is silent on an issue that we reference the city code. For example the 5 Chanhassen Planning Commission – February 16, 2010 city code has been amended to allow LED lights in addition to high pressure sodium’s. If a planned unit development ordinance does not reference the city code, then we would have to amend the planned unit development itself and we have multiple planned unit developments within the city. What staff is recommending is that we amend the planned unit development ordinance to reference the city code. This way the different PUD’s stay current with the city code that’s in effect at this time. The two planned unit development ordinances that we are bringing before you govern the Chanhassen Gateway or Crossroads of Chanhassen development as well as the Southwest Village. The sites are located northeast and northwest of the intersection of Highway 101 and Lyman Boulevard and south of Highway 212. Both sites are guided mixed use. They permit high density residential as well as neighborhood business district type of uses. Staff is recommending that the planned unit development ordinance for Southwest Village be amended to reference the neighborhood business and the high density residential district regulations and permit LED lights as stated on page 4 of the staff report. Staff is also recommending that the planned unit ordinance for Gateway be amended to reference the neighborhood business district to allow LED lights and reference the Neighborhood Business District as stated on page 4 of the staff report and I’d be happy to answer any questions you might have. Laufenburger: Alright, thank you Sharmeen. Any questions? We are not creating any non- conformance with this, is that correct? Al-Jaff: No. If anything we are bringing everything up to current ordinances and just being current with what the city code requires us to do. Laufenburger: I’m wondering if, I know that we’ve had discussion over the last few months regarding LED, adding LED to the lighting possibilities to the, I believe it’s up to the developer’s discretion, is that correct? Al-Jaff: Correct. Laufenburger: Have you, the developers of either of these, will either of these sites, either Gateway or Southwest Village approached you on the LED lighting? Al-Jaff: I have to admit that when Kwik Trip was being constructed they approached the City and they wanted to do LED lights. Unfortunately the ordinance for this development did not reference the city code so we would have to wait 60 days between publication, bringing this ordinance before the Planning Commission. From staff initiating the process til the end, it takes approximately 60 days and they couldn’t wait that long. Laufenburger: Okay. Good. Alright at this time I’ll open the public hearing on the PUD amendments as presented by the staff. Anybody present would like to make a comment or ask a question about this. Please step to the podium and state your name and address for the record. Alright, thank you. There being no comment I’ll close the public hearing. Well folks, thoughts. Comments. Doll: I think sounds good to me. 6 Chanhassen Planning Commission – February 16, 2010 Laufenburger: Kathleen, good clean-up I think. Thomas: Yeah, I think good clean-up and the inclusion of LED lights will be helpful for anyone going forward because I know Kwik Trip was very adamant about wanting to put those in but just couldn’t. Laufenburger: Absolutely. Alright. I’ll entertain a motion. Doll: The Chanhassen Planning Commission recommends that the City Council approve the following motions. One, the Planning Commission recommends that the City Council approve the Planned Unit Development amendment for Southwest Village amending Sections a and j(l) as stated in the attached ordinance, and adopts the Findings of Fact. Two, the Planning Commission recommends that the City Council approve the Planned Unit Development amendment for Chanhassen Gateway amending Sections a and k(l) as stated in the attached ordinance and adopts the Findings of Fact. Laufenburger: Alright, thank you. We have a valid motion Tom. Is there a second? Undestad: Second. Thomas: Second. Laufenburger: Alright. Thanks. Thomas: Before we do it can I just change the l to a one? Laufenburger: Sure make note of that. Thomas: That they are j.one and k.one. Laufenburger: That it’s j.one versus j.l and k.one versus k.l. I think Nann will pick that up. Thomas: Thank you. Doll: Glasses need a little adjusting. Thomas: Do you accept my? Doll: I do. Sorry. Thomas: Alright. Doll: I was wondering why it was an L. Laufenburger: Any further discussion? 7 Chanhassen Planning Commission – February 16, 2010 Doll moved, Thomas seconded that the Planning Commission recommends that the City Council approve the Planned Unit Development amendment for SouthWest Village, amending Sections a and j.1 as stated in the attached ordinance; and adopts the Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Doll moved, Thomas seconded that the Planning Commission recommends that the City Council approve the Planned Unit Development amendment for Chanhassen Gateway, amending Sections a and k.1 as stated in the attached ordinance; and adopts the Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVAL OF MINUTES: Commissioner Undestad noted the verbatim and summary minutes of the Planning Commission meeting dated February 2, 2010 as presented. COMMISSION PRESENTATIONS: None. CITY COUNCIL ACTION UPDATE. None. Acting Chair Laufenburger adjourned the Planning Commission meeting at 7:15 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 8