PC SUM 2003 07 01CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
JULY 1, 2003
Chairman Sacchet called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Uli Sacchet, Rich Slagle, Craig Claybaugh, Bruce Feik, Bethany
Tjornhom, Kurt Papke, and Steve Lillehaug
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; and Matt Saam, Assistant City Engineer
PUBLIC PRESENT FOR ALL ITEMS:
Debbie Lloyd 7302 Laredo Drive
PUBLIC HEARING:
CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT FOR A FENCE IN
EXCESS OF 6 1/z FEET ON PROPERTY ZONED RSF~ RESIDENTIAL SINGLE
FAMILY, LOCATED AT 8140 MAPLEWOOD TERRACE, ALISON BLACKOWIAK
Public Present:
Name Address
Alison Blackowiak
J.D., Jill & Lori Ryan
8140 Maplewood Terrace
8121 Pinewood Circle
Bob Generous presented the staff report on this item. Commissioner Claybaugh asked what had
been done on other applications for tennis courts. Commissioner Papke suggested adding criteria
for wind break construction. Commissioner Lillehaug asked staff to differentiate this request from
a previous request on Lake Lucy Road. The applicant, Alison Blackowiak, 8140 Maplewood
Terrace presented her case. Commissioners had questions regarding notification of neighbors, a
wind break, lighting, and the color of the court. Chairman Sacchet opened the public hearing.
There was no one wishing to speak and the public heating was closed.
Commissioner Lillehaug had concerns with approving this application when the Planning
Commission did not approve the fence request on Lake Lucy Road, and what are the differences?
Commissioner Claybaugh stated he would not be in favor of a wind break but would approve the
conditional use permit for a 10 foot fence. Chairman Sacchet didn't have a problem with the
application. J.D. Ryan, the neighbor behind this property, stated he didn't have a problem with
the tennis court fence. After the motion was made, there was discussion around a friendly
amendment regarding a wind break.
Slagle moved, Feik seconded that the Planning Commission recommends approval of
Conditional Use Permit 92003-3 to construct a ten (10) foot high fence surrounding the
tennis court on the property located at 8140 Maplewood Terrace, with the following
conditions:
1. The tennis court must not be lit.
Planning Commission Summary -July 1, 2003
2. The fencing must be black to blend with the surroundings.
3. The fence must be built according to the plan dated 6/6/2003.
The applicant shall be aware that no building shall be allowed over the utility and
drainage easement.
5. Type I silt fence as per City Detail Plate No. 5300 must be used along the grading area.
6. To assure drainage flow, submit Certificate of Survey showing the following:
Proposed elevations at each comer of the new tennis court.
Existing property and proposed contours.
Existing neighborhood property contours within 25 feet of excavation.
Show drainage arrows of flow direction.
Surveyors original signature on the Certificate of Survey.
Location of any buildings or structures on the property .where the work is to be
performed and the location of any buildings or structures on land of adjacent
owners that are within 25 feet of the property or that may be affected by the
proposed fence for the new tennis court.
7. If a wind break is added it must be constructed of a blending color.
All voted in favor, except Lillehaug who opposed, and the motion carried with a vote of 6 to
1.
Commissioner Lillehaug voted against the motion because he was not in favor of a wind break.
He would be in favor of a 10 foot high chain link fence but not the wind break. To summarized
the Planning Commission felt tennis courts are allowed. Tennis courts usually have a 10 foot
fence. No neighbors have an issue with it. There is distance and screening that mitigate it
sufficiently. Where there is a range of opinions is to what extent they would allow potential wind
break which currently is not planned, but could potentially be added in the future. Commissioner
Claybaugh stated that he felt the wind break was an issue but not enough to vote against the
motion.
PUBLIC HEARING:
CONSIDER A REQUEST FOR A REZONING OF THE PROPERTY FROM
AGRICULTURAL ESTATE TO IOP~ INDUSTRIAL OFFICE PARK LOCATED AT 9201
AUDUBON ROAD~ ERIC THESHIP-ROSALES.
Public Present:
Name Address
Eric Theship-Rosales
Mrs. Dean Degler
Connie & George St. Martin
9201 Audubon Road
9111 Audubon Road
9231 Audubon Road
Bob Generous presented the staff report on this item. Commissioner Feik asked for clarification
on items he felt were more opinions than factual. Commissioners Lillehaug and Tjomhom
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Planning Commission Summary - July 1, 2003
questioned whY this item was in front of them for consideration. Commissioner Claybaugh asked
if the applicant has been working cooperatively with staff in trying to find a resolution.
Eric Theship-Rosales, 9201 Audubon Road, the applicant provided background information on
his reasons for seeking this rezoning. Commissioner Slagle asked the applicant for clarification
on condition 9 conceming the home based office. Commissioner Claybaugh asked staff to clarify
how Section 20-997 affects this application. He asked the applicant to comment on what kind of
equipment is in the shed that emits odors, makes noise, hours of operation, all those things that go
in and affect the quality of life of the neighbors. Commissioner Slagle asked the applicant to
explain why he didn't get the rezoning prior to building the shed. The applicant stated his plan
was to build the shed with the idea of rezoning it for his business when needed.
Chairman Sacchet called the public hearing to order. George St. Martin, 9231 Audubon Road
asked if the Planning Commission had received a copy of the email he sent to Bob Generous. His
three main issues were noise, hours of operation and impact on his driveway. Chairman Sacchet
closed the public hearing and asked for commissioner comments. After comments the following
motion was made.
Feik moved, Claybaugh seconded that the Planning Commission recommends denial of the
rezoning from A2, Agricultural Estate District to IOP, Industrial Office Park based on the
findings of fact attached to the staff report, amended to strike the phrase "from a practical
standpoint". All voted in favor and the motion carried unanimously with a vote of 7 to 0.
In summary the Planning Commission felt this application is premature rezoning, that the
condition in the original conditional use permit for the shed was clear that it was not supposed to
be used for business, and that they could not find any pressing reason to recommend approval at
this time. The Planning Commission directed staff to continue to work with the applicant to find
a solution to his business needs.
PUBLIC HEARING:
PRELIMINARY PLAT REQUEST
TO SUBDIVIDE 5.93 ACRES INTO 11 SINGLE
FAMILY LOTS ON PROPERTY ZONED RESIDENTIAL SINGLE FAMILY AND
LOCATED AT 4141 KINGS ROAD, LUNDGREN BROTHERS CONSTRUCTION.
Public Present:
Name Address
Janet Carson
Margie Borris
Jerry & Kristin Kortgard
Linda Scott & Sue Morgan
4141 Kings Road
4071 Kings Road
3901 Glendale Drive
4031 Kings Road
Kate Aanenson presented the staff report on this item. Commissioner Slagle was asking what
was planned to happen south of this property, which is in Victoria and the need for Lot 4.
Commissioner Claybaugh had questions regarding the tree survey and if the city forester had
reviewed the plan. Commissioner Papke asked if staff had any concerns with the utility pond.
Commissioner Tjornhom asked about the filling of the secondary wetland. Commissioner Feik
had concerns with the driveway access for Lot 3 on the curve of the road, and the size and
placement of trees to be planted. Commissioner Lillehaug had numerous questions regarding the
environmental assessment, cul-de-sac radius, status of Outlot B, road fight-of-way, the pond
Planning Commission Summary - July 1, 2003
elevation, setback from the lake, and services down to Lot 11. Chairman Sacchet asked about
the retaining wall shown on the plan, and if there were any trees that could be saved, specifically
trees marked 140 and 71. Commissioner Slagle asked about the entrance monument sign and
questions regarding the plat if Lot 4 was removed.
Lundgren Brothers, the applicant, was represented by Mike Burton. He stated the name for this
development will be Countryside, they have been having discussions with David and Steven
Williams regarding Kings Road, and provided their proposed time line for development of this
parcel. Commissioner Lillehaug asked for clarification on the Phase I and II reports, the tuming
radius of the cul-de-sac and if the overhead power lines were to be buried. Commissioner Slagle
asked about sidewalks. Commissioner Claybaugh asked about Braun Engineering monitoring the
site during grading and the positioning of the driveway on Lot 3. Chairman Sacchet asked for
clarification on the grading plan and the possibility of saving trees. Commissioner Claybaugh
asked to check on the sight lines and the turning radius of the cul-de-sac. Commissioner Slagle
asked about Lot 4. Chairman Sacchet then opened the public hearing.
Sue Morgan, 4031 Kings Road had questions regarding Kings Road development, storm water
runoff, access to Lake St. Joe, utility work, and the quality of life along Kings Road and if more
security will be provided with the increase in people, Margie Borris, 4071 Kings Road stated that
Lundgren Brothers had not contacted the neighbors about their concerns before this meeting, and
that this was the first they had heard of this development taking place. She expressed the same
concerns as the previous speakers, storm water runoff, safety, cost of hooking up to sewer, and
quality of life. Staff clarified some of her questions and concerns. Debbie Lloyd, 7302 Laredo
Drive had concerns about the plat being incomplete and resembled more a PUD than subdivision,
building pad size and impervious surface next to shoreland. Linda Scott, 4031 Kings Road had a
concern about being assessed for the improvements being done with this development. Jerry
Kortgard, 3901 Glendale Drive, who owns the property just to the south of this development,
asked for clarification about the elevation between the two properties and the expansion of the
pond. The commissioners provided comments and then made the following motion.
Feik moved, Claybaugh seconded that the Planning Commission recommends approval of
the preliminary plat for Carlson Property including 10 residential lots, 1 outlot as shown on
plans dated May 16, 2003, subject to the findings in the staff report and the following
conditions:
1. The developer shall revise landscape plan to show a minimum of 63 trees to be planted.
A minimum of two deciduous, overstory trees shall be required in the front yard of each
lot.
The developer shall be responsible for installing all landscape materials proposed in rear
yard areas.
Tree preservation fence shall be installed at the edge of the grading limits on Lots 1, 7, 9,
10, Block 1 prior to any construction.
The developer shall apply for an exemption from the Wetland Conservation Act for
impacts to Wetland 2. In lieu of an approved replacement plan an exemption shall be
obtained prior to wetland impacts occurring,
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Planning Commission Summary - July 1, 2003
o
10.
11.
12.
13.
14.
15.
16.
17.
18.
A wetland buffer 10 to 30 feet in width (with a minimum average of 20 feet) shall be
maintained around Wetland 1. Wetland buffer areas shall be preserved, surveyed and
staked in accordance with the City's wetland ordinance. The developer shall install
wetland buffer edge signs, under the direction of city staff, before construction begins and
must pay the city $20 per sign. All structures shall maintain a 40 foot setback from the
wetland buffer edge. The proposed buffer widths and 40 foot setback shall be shown on
the grading plan.
The plans for the proposed development shall show the location of the OHW of Lake St.
Joe and the required 150 foot setback from the OHW.
Storm water calculations shall be submitted to ensure the proposed storm water pond is
sized adequately for the proposed development.
Drainage and utility easements shall be provided over all existing wetlands, storm water
infrastructure (including swales) and storm water ponds. The swale on Lots 8 and 9 shall
be moved toward the rear property line as far as possible and a 20' drainage and utility
easement must be dedicated over the entire swale.
A 20 foot wide drainage and utility easement shall be provided from the cul-de-sac to the
storm water pond along the storm sewer alignment. This easement may be vacated upon
the future extension of the street and construction of a new connection to provide drainage
from the streets to STMH #1. A minimum 20 foot easement is required for the storm
sewer pipe between STMH #2 and STMH #1.
Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
upland areas disturbed as a result of construction activities shall be immediately restored
with seed and disc-mulched, covered with a wood fiber blanket or sodded within two
weeks of completion of each activity in accordance with the City's Best Management
Practice Handbook. Type III silt fence shall be provided adjacent to all areas to be
preserved as buffer and removed upon completion of construction.
Based on preliminary estimates, the water quality fees for the development are $5,628 and
the water quantity fees are approximately $13,924. At this time the estimated SWMP fee,
due payable to the city at the time of final plat recording is $19,552.
Approval of the sidewalk and utility easements must be received from the city of Victoria,
The demolition of structures on the si~e must be done in accordance with MPCA
guidelines and permits must be obtained from the city prior to demolition.
The on-site sewage treatment system and well must be abandoned in accordance with
Minnesota Rules Chapter 7080 and a permit must be obtained from the city.
A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
All lots must be provided with separate sewer and water services.
The applicant will be required to pay a one time park dedication charge of $26,400 at the
time of plat submittal.
Planning Commission Summary - July 1, 2003
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Prior to final plat approval, a professional civil engineer registered in the State of
Minnesota must sign all plans.
A temporary easement is required for the paved portion of the temporary cul-de-sac
which is outside of the right-of-way.
Revise the street right-of-way to 60 feet along the westerly side of Lots 1, 2, and 3 and
add a temporary cul-de-sac at the south end of the development.
Type Ill silt fence shall be used adjacent to the edge of the wetland and removed upon
completion of construction. Also, add an erosion control blanket on the north slope of
the pond. The applicant should be aware that any off site grading will require an
easement from the appropriate property owner. All disturbed areas are required to be
restored with seed and mulch within two weeks of grading completion. The existing
roadway will be removed and the property on the east where the road needs to be
removed will be established with turf.
Installation of the private utilities for the site will require permits and inspections through
the City's Building Department.
Each newly created lot will be subject to City sanitary sewer and water hook-up charges
at the time of building permit issuance. The 2003 trunk utility hook-up charges are
$1,440 per unit for sanitary sewer and $1,876 per unit for water.
Public utility improvements will be required to be constructed in accordance with the
City's latest editions of Standard Specifications and Detail Plates. Detailed construction
plans and specifications will be required at the time of final platting. The applicant will
also be required to enter into a development contract with the City and supply the
necessary financial security in the form of a letter of credit or cash escrow to guarantee
installation of the improvements and the conditions of final plat approval. Permits from
the appropriate regulatory agencies must be obtained, including but not limited to the
MPCA, Department of Health, Watershed District, Carver County, etc.
Add the following City of Chanhassen latest Detail PlateNumbers: 1002, 1004, 1005,
1006, 1009, 2001, 2002, 2101, 2109,2109A, 2110, 2201, 2202, 2204,3101,3102,3104,
3106, 3107, 3108, 3109, 5200, 5203, 5205, 5206, 5214, 5215, 5240, 5241, 5244, and
5300.
The retaining wall along the east side of Lots 10 and 11 shall be moved out of the
drainage and utility easement. Any retaining walls over 4 feet in height need to be
designed by a registered engineer.
On the utility plan:
ao
Show sanitary sewer flow direction.
Show the watermain and sanitary services stubs including eight services for the
north side of Kings Road (Outlot B).
Show sanitary sewer pipe class, length, slope and type.
Show watermain pipe class and type and call out the fittings.
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Planning Commission Summary - July 1, 2003
29. On the grading plan:
Add a storm sewer schedule.
Show the benchmark used for the site survey.
Show the storm sewer invert and manhole rim elevations.
Show the storm sewer pipe slope, length, class and flow direction.
Show a minimum of 75 foot rock construction entrance.
30. Revise CBMH #1 with a 2 foot sump.
31. Add street lights to the plans.
32. Add a pedestrian curb ramp and sidewalk along the east side of Lots 5, 6 and 7.
33. Supply the city with a detailed haul route for review and approved by staff.
34.
Revise plans: Lot 6 shall have a minimum square footage of 15,000 square feet and Lot
9 shall have a minimum 90 foot frontage.
35.
The plat will be contingent upon agreement with the property owner to the north of
the development regarding the dedicated road right-of-way.
36.
37.
The applicant will work with staff and neighbors to consider the possible extension
of the drainage swale along the east side of the development to ensure drainage goes
not just from 8 and 9 through the swale but also 10 and 11 to the drainage pond
Applicant will work with staff and neighbors to establish buffer planting along the
eastern edge of the development, specifically on Lot 8 and 9.
38.
The turning radius of the road on the northeast corner shall meet current citY design
standards and current city code.
39.
Tree g71 shah be preserved and adequate tree preservation fencing shall be placed
around it according to city forester's directions.
40.
The applicant agrees to perform ongoing monitoring for soil contaminants during
excavation.
All voted in favor, except Slagle who opposed and the motion carried with a vote of 6 to 1.
The Planning Commission's concerns with this item are highlighted in the additional COnditions
added, highlighted in bold print.
APPROVAL OF MINUTES: Feik noted the verbatim and summary Minutes of the
Planning Commission meeting dated June 3, 2003 as presented.
Chairman Sacchet adjourned the Planning Commission meeting at 10:40 p.m.
Submitted by Kate Aanenson
Community Development Director Prepared by Nann Opheim