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PC SUM 2010 12 07 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES DECEMBER 7, 2010 Chairman Laufenburger called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Denny Laufenburger, Andrew Aller, Kathleen Thomas, Kevin Ellsworth, Tom Doll and Mark Undestad STAFF PRESENT: Kate Aanenson, Community Development Director; Sharmeen Al-Jaff, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Mary Beth Maki 150 Lakeview Road East Joe Jablonski US Home Corporation and Lennar Tom Vasquez 179 Lakeview Road East Tim Amlie 8796 North Bay Drive Andy Hopper 181 Lakeview Road East PUBLIC HEARING: LAKEVIEW: REQUEST FOR REZONING FROM RESIDENTIAL SINGLE FAMILY (RSF) AND MIXED LOW-DENSITY RESIDENTIAL (R4) TO RESIDENTIAL LOW- MEDIUM (RLM); AND SUBDIVISION OF APPROXIMATELY 50 ACRES INTO 66 LOTS AND 4 OUTLOTS ON PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF LYMAN BOULEVARD AND LAKE RILEY BOULEVARD AND SOUTH OF HIGHWAY 212. APPLICANT: US HOME CORPORATION (DBA LENNAR), PLANNING CASE 2010-12. Sharmeen Al-Jaff presented the staff report on this item. Commissioner Ellsworth asked for clarification of items in the staff report pertaining to wetlands, drainage, runoff and the permitting process. Commissioner Thomas asked about Street C being able to handle emergency vehicles. Commissioner Doll asked about grades, runoff and headlights hitting houses. Chairman Laufenburger asked about drainage and wetlands. Joe Jablonski with US Home Corporation and Lennar reviewed the site design process. Commissioner members asked Mr. Jablonski to address concerns with building near the wetland, noise attenuation, feedback from the neighborhood meetings, history of US Home Corporation and Lennar in the community, and the phasing and timeline for construction. Chairman Laufenburger opened the public hearing. Tom Vasquez, 179 Lakeview Road East and President of the North Bay Homeowners Association, clarified errors pertaining to street names and housing types before expressing concerns with runoff from this site into the North Bay property and asking that construction traffic be routed off of Lyman Boulevard. Tim Amlie, 8796 North Bay Drive asked the developer to work with MnDOT to do whatever possible to address noise from Highway 212, and expressed concern with dust control and trailer storage. Andy Hopper talked about runoff from this property into North Bay, fencing and wildlife corridors. Chairman Laufenburger Planning Commission Summary - December 7, 2010 closed the public hearing. After questions and comments from commission members, the following motions were made. Single Family Residential District, and R-4 Mixed Low-Density Residential, to RLM, Residential Low and Medium Density District for Lakeview Subdivision contingent upon final plat approval, as shown in plans dated received November 5, 2010, and adoption of the findings of fact. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Aller moved, Undestad seconded that the Planning Commission recommends that the City Council approves the preliminary plat for Planning Case #10-12 for Lakeview Subdivision for 66 lots and 4 outlots as shown on the plans received November 5, 2010, subject to the following conditions and adoption of the findings of fact: 1.The applicant shall add 34 trees to its total for tree planting. The landscape plan shall show at total of 282 trees to be planted. 2.All trees proposed to be preserved shall be protected by tree preservation fencing. Fencing shall be installed prior to grading. 3.All work and drainage discharge within the MnDOT easement must be approved by MnDOT. 4.The public drainage and utility easement on the north side of the development must be vacated. 5.The existing building and driveway on the north side of the site must be removed. 6.Based on the proposed grading a low area will be created west and north of the Street C stub. The developer must work with the adjacent property owner to either grade out the low area, or install storm sewer to prevent water from ponding in the area. 7.The developer's engineer will shift the storm sewer at the back of Lots 38 to 41, Block 3, further north in order to provide a larger unencumbered backyard area. 8.The storm sewer alignment at the back of Lots 19 and 20, Block 3 must be adjusted to minimize the required drainage and utility easement. 9.The lowest opening of a building must be minimum 18 inches above an adjacent emergency overflow. 10.Additional information must be shown on the final grading plan to show how drainage from the Highway 212 berm will be directed into the existing flared end section located north of proposed Lot 27, Block 3. 2 Planning Commission Summary - December 7, 2010 11.An encroachment agreement is required if the developer wishes to install an entrance monument at the Street B intersection of Lyman Boulevard. 12.A temporary turnaround is required at the western end of Street C. 13.The development is adjacent to Lyman Boulevard and is therefore subject to the arterial collector fee at the time of final plat. 14.The developer will not be reimbursed for the relocation cost of the 12-inch watermain since the work is development driven. 15.The watermain within Street B between Lyman Boulevard and Street A shall be 8-inch. 16.The delineated wetland boundary must be moved so that no portion of the boundary is located at an elevation less than the 868-foot contour. 17.The delineated wetland boundary will not be considered approved until the public comment period has ended on December 13, 2010. 18.The wetland buffer behind Lot 7 and Lot 8 of Block 4 shall be minimized to be coincidental with the rear lot lines. The area of buffer that would otherwise be present shall be compensated for elsewhere along the wetland boundary. 19.The applicant, with the assistance of the City, must show that adequate capacity exists within the North Bay storm sewer system to accommodate the proposed drainage area to be directed to North Bay. 20.The NPDES General Stormwater Permit for Construction Activity must be applied for and obtained prior to any earth-disturbing activities. Proof of this must be provided to the City. 21.Reasonable efforts must be made to provide a maintenance access road to ponds 100 and 200 in compliance with City Code and the NPDES General Stormwater Permit for Construction Activity. 22.Additional data must be provided for cul-de-sac D to demonstrate sufficient grade for adequate drainage. 23.A minimum of two feet of separation must be provided between the emergency overflow for the MnDOT drainage swale and the low floor opening for Lot 5, Block 2. 24.Two-foot sumps shall be included with structures CBMH-104, MH-203 and MH-222. 25.All storm sewer shall be within a drainage and utility easement. 3 Planning Commission Summary - December 7, 2010 26.Hydraulic calculations shall be provided to the City for review and approval before the final plat can be issued. 27.Mulch, MnDOT Type 3, certified weed free shall be used in all of Block 4, Outlot A and Outlot B whenever mulch is called for. 28.The remainder of the gully which originates under Lots 4 and 5, Block 2 shall be filled in. This shall be done in such a manner as to avoid additional tree loss and the introduction of weeds and invasive species. 29.The estimated SWMP fees, in the amount of $82,228.55, are due at the time of final plat. 30.Phosphorus removal will need to meet the minimum 60% removal rate and should maximize that to the greatest extent practicable. 31.The applicant shall be responsible to assure that all other agency permissions are applied for and resulting conditions are met. 32.A Landowner Statement and Contractor Responsibility form will need to be filled out and submitted to the LGU (City of Chanhassen) and the DNR. The form can be found at: http://www.bwsr.state.mn.us/wetlands/forms/Contractor_Responsibility.doc 33.Appendix A C.1 and C.2 must be addressed including: a.Exposed soil areas must be stabilized as soon as possible but never later than seven (7) days. b.A discussion of the feasibility of infiltration and the appropriate response to these findings. 34.Building Official Conditions: a.Demolition permits must be obtained before demolishing any structures on the site. Application for such permits must include hazardous substances investigative and proposed mitigation reports. b.A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. c.Retaining walls over four feet high must be designed by a professional engineer and require permits, inspections and final approval. d.Each lot must be provided with separate sewer and water services. e.The developer and or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. 35.Fire Marshal conditions: 4 Planning Commission Summary - December 7, 2010 a.Submit street names to Building and Fire Marshal for review and approval. b.No burning permits will be issued. Tress, scrubs etc. must be removed from the site or chipped. c. Mains and fire hydrants shall be installed and made serviceable prior to combustible construction. d. A three-foot clear space must be maintained around fire hydrants. e.Temporary street signs shall be installed as soon as construction begins. Signs shall be of an approved size as required by the Chanhassen Fire Marshal. They shall be weather- resistant and maintained until replaced by permanent signs. f.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 time of construction except when approved alternate methods of protection are provided. g.The proposed hydrant between Lots 3 and 4, Block 2 must be relocated to the intersection of Streets B and C. h.The proposed hydrant between Lots 3 and 4, Block 1 must be relocated to intersection of Street B and Lyman Boulevard. 36.The lot width at the rear setback line for lots 1 and 2, Block 4, must be adjusted to reflect 90 feet as required in the Shoreland Ordinance. 37.Successful transfer of Outlot B (4.83+ acres) to the City of Chanhassen through a combination of dedication (3.08+ acres) and fee purchase (1.75+ acres) for development and use as a public neighborhood park. 38.A sign reading “This Road Will Be Extended in the Future” shall be placed at the west end of Street C. 39.The applicant shall work with staff to evaluate the use of a privacy fence and vegetation along the north edge of the property to lessen the noise impact from Highway 212. A solution will be presented with the final plat.” All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: COMPREHENSIVE PLAN MINOR AMENDMENTS: REVIEW CHAPTER 2, LAND USE (MIXED USE), AND CHAPTER 7, TRANSPORTATION (ROAD CLASSIFICATION) OF THE 2030 COMPREHENSIVE PLAN. Kate Aanenson presented the staff report on this item. Commissioner Ellsworth pointed out changing old Highway 212 to County Road 61 and US 169 to 101. Chairman Laufenburger opened the public hearing. No one spoke and the public hearing was closed. 5 Planning Commission Summary - December 7, 2010 Ellsworth moved, Thomas seconded that the Chanhassen Planning Commission recommends that the City Council approve the proposed 2030 Comprehensive Plan amendments to Chapter 2, Land Use, Section 2.1.1 and Chapter 7, Transportation, Sections 7.6.5, 7.6.6, 7.6.3.2, and 7.6.3.3. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES:Commissioner Ellsworth noted the work session, verbatim and summary minutes of the Planning Commission meeting dated September 21, 2010 with changes on pages 7, 11, and 13 of the verbatim minutes and pages 1 and 3 of the summary minutes, changing Ellsworth to Aller. All voted in favor and the motion carried unanimously with a vote of 6 to 0. CITY COUNCIL ACTION UPDATE. None. COMMISSION PRESENTATIONS: Chairman Laufenburger thanked fellow commissioners and staff noted this was his final meeting as a Planning Commissioner. PLANNING COMMISSION ADMINISTRATIVE ISSUES. Kate Aanenson reviewed the process of filling the two vacant Planning Commission seats, issue papers regarding detached structures in the shoreland district, commercial districts, and implications of the Minnetonka Supreme Court case. Thomas moved, Doll seconded that the meeting is adjourned. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:35 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 6