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PC SUM 2011 04 19 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES APRIL 19, 2011 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Kathleen Thomas, Tom Doll, Mark Undestad, Kevin Ellsworth, Kim Tennyson and Lisa Hokkanen STAFF PRESENT: Kate Aanenson, Community Development Director; Alyson Fauske, Assistant City Engineer; Angie Kairies, Planner; and Krista Spreiter, Natural Resources Technician PUBLIC HEARING: TH 41 TRAIL & UNDERPASS PROJECT: REQUEST FOR A WETLAND ALTERATION PERMIT IN CONJUNCTION WITH THE CONSTRUCTION OF A PAVED 10-FOOT, OFF-ROAD, MULTI-USE TRAIL WITHIN TH 41 RIGHT-OF-WAY FROM LONGACRES DRIVE TO TH 7 AND WITHIN PORTIONS OF LAKE MINNEWASHTA REGIONAL PARK. APPLICANT: CARVER COUNTY PARKS, PLANNING CASE 2011-03. PUBLIC PRESENT: Name Address Jeffrey W. Olson SRF Consulting Brent and Christen Carron Highover Drive Karen Weathers 2600 Arrowhead Lane Tom Anderson 7075 Highover Drive Dennis Clark 6651 Hazeltine Boulevard Krista Spreiter presented the staff report on this item. Commissioner Ellsworth asked for clarification on the role of the Water Resources Coordinator signing the joint notification, the role and make-up of the Technical Evaluation Panel, analysis sequencing, and gravel versus paved trails in Lake Minnewashta Regional Park. Chair Aller asked about the wetland banking process. The applicant’s representative, Jeff Olson discussed the wetland mitigation process, the sequencing requirements of wetland impact avoidance, minimization and mitigation and how those apply to Wetlands 8 and 22. Chair Aller opened the public hearing. Dennis Clark, 6651 Hazeltine Boulevard expressed concern with locating the trail on the east side of TH 41 and underpass when there’s already a trail on the west side of TH 41 and the number and location of the trail crossings within the park. He stated he was an avid biker and looked forward to the installation of the bike trail and underpass but concerned with the amount of money being spent on the project. Karen Weathers, 2600 Arrowhead Lane, being a 20 year resident in the area, provided insight into the trail and underpass location. Chair Aller closed the public hearing. After commissioner comments, the following motion was made. Planning Commission Summary - April 19, 2011 Undestad moved, Thomas seconded that the Planning Commission recommends the City Council approve Wetland Alteration Permit #2011-03 to impact 8,931 square feet of wetland for the purpose of the construction of the proposed trail and underpass and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown on plans dated received February 22, 2011 and based upon the included Findings of Fact and subject to the following conditions: 1. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall receive the City’s approval of a wetland replacement plan prior to any wetland impact occurring. 2. Wetland buffer areas shall be preserved, maintained, and/or created around all existing wetlands in compliance with Minnehaha Creek Watershed District Wetland Protection Rule, effective September 1, 2010. 3. If the applicant can demonstrate to the satisfaction of the Technical Evaluation Panel that impact to Wetland 8 (5,662 square feet) cannot be avoided, then the additional square feet may be impacted as described in the supplement to the application dated April 15, 2011, prepared by SRF. 4. Impact to Wetland 22 shall be avoided through use of boardwalk or other approved avoidance method. If the applicant can demonstrate to the satisfaction of the Technical Evaluation Panel that impact to Wetland 22 (436 square feet) cannot be avoided, then the additional square feet may be impacted as shown in Figure 4Cin the Joint Notification Application prepared by SRF dated January 31, 2011. 5. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and Army Corps of Engineers and comply with their conditions of approval. 6. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. 7. The applicant must obtain, and the City must have received copy of, an Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts. 8. A signed Landowner Statement and Contractor Responsibility form shall be provided to the City prior to commencement of activity. All voted in favor and the motion carried unanimously with a vote of 7 to 0. 2 Planning Commission Summary - April 19, 2011 PUBLIC HEARING: CHANHASSEN BP: REQUEST FOR SITE PLAN PERMIT AND CONDITIONAL USE PERMIT TO REDEVELOP THE EXISTING CHANHASSEN BP CONVENIENCE STORE, CAR WASH AND GAS PUMP/CANOPY ON PROPERTY ZONED HIGHWAY AND BUSINESS SERVICES (BH) AND LOCATED AT 7905 GREAT PLAINS BOULEVARD. APPLICANT: KHALED ALOUL, PLANNING CASE 2011-04. Due to a conflict of interest, Commissioner Ellsworth recused himself. Angie Kairies presented the staff report on this item. Commissioner Doll asked for clarification on the encroachment agreement for the mechanical/storage room, width required for the drive aisle, concerns from neighboring businesses regarding visibility, and fenestration requirement. Commissioner Thomas asked the applicant to speak to the type of lighting that will be used and possible problems associated with people not using the drive aisle to get into the car wash. Commissioner Tennyson asked about the signage requirement on the canopy. Russ Rosa, the applicant’s architect, stated the applicant was prepared to make the adjustments suggested in the staff report and addressed the issues of the logo on the canopy, type of lighting, drive aisle width, and handicap parking location. Chair Aller opened the public hearing. No one spoke and the public hearing was closed. Thomas moved, Doll seconded that theChanhassen Planning Commission recommends that City Council approve a Conditional Use Permit for a convenience store with gas pumps and to permit multiple buildings on a single lot, plans prepared by Rosa Architects dated received 3/21/2011, for property zoned Highway and Business Services District (BH), located at 7905 Great Plains Boulevard subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: 1.No unlicensed or inoperable vehicles shall be stored on premises. 2.No repair, assembly, disassembly of vehicles. 3.No outside speaker system shall be allowed without approval from the City Council. 4.No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles, or all-terrain vehicles shall be permitted. 5.Facilities for the collection of waste oil must be provided. 6.A minimum separation of 213 feet is required between the nearest gas pumps on the subject site and Holiday Station located across Great Plains Boulevard. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Thomas moved, Doll seconded that the Chanhassen Planning Commission recommends that City Council approve the Site Plan for a 3,915 square-foot, one-story convenience store, 1,503 square-foot double car wash, and a 32-foot by 74-foot 8-inch gas canopy, plans prepared by Rosa Architects dated received 3/21/2011, for property located at 7905 Great Plains 3 Planning Commission Summary - April 19, 2011 Boulevard subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: 1.Building Official a.The proposed structures (if area exceeds 2000 square feet) are required to have automatic fire extinguishing systems (MN Rule 1306). b.All plans must be prepared and signed by design professionals licensed in the State of Minnesota. Geotechnical (soil evaluation) report required. c.The canopy over the pumps must be constructed of non-combustible materials or materials equivalent to one-hour fire-resistive construction. d.Detailed building code related requirements have not been reviewed; this will take place when complete structural/architectural plans are submitted. e.The proposed accessible parking space must be relocated to be “on the shortest accessible route of travel” (MSBC 1341.1106.6) to an accessible building entrance (suggested alternative would be parking space 10 or 11 with adjacent 8-foot access aisle). f.A separate demolition permit will be required if demolition is intended prior to building permit issuance. g.The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 2.Forester a.Applicant shall increase bufferyard plantings to meet minimum requirements for the west property line. A revised landscape plan shall be submitted to the City prior to building permit issuance. 3.Engineering and Water Resources a.The main drive aisle to the convenience store must be revised so that it is minimum 26 feet wide. The area under the canopy cannot be included in the drive aisle width. b.The developer must obtain a MnDOT permit for the sidewalk connection to the Highway 5 trail on the south side of the site. c.The developer must ensure that the sidewalk connection does not create a localized low point on the west side of the sidewalk connection. d.The grading near the northeast corner of the proposed building must be revised so that it is minimum 3:1. 4 Planning Commission Summary - April 19, 2011 e.If a retaining wall is installed near the northeast corner of the building, the owner must obtain an encroachment agreement since the wall would be located within the sanitary sewer easement. f.Any encroachment into a drainage and utility easement must be approved by the Engineering Department and an encroachment agreement must be obtained. g.The sanitary sewer line must be televised before and after construction to ensure that the grading equipment does not damage the sanitary sewer. h.The new water service must be wet tapped. i.Contact Kevin Crooks at 952-227-1311 a minimum of three working days before the water service and sewer service connection. j.A $7,600 cash escrow must be submitted to ensure that the street is properly patched after the water service connection is made. This escrow will be released if the street patch is in good condition after one freeze-thaw cycle has passed. k.A $500 cash escrow must be submitted to ensure that proper erosion and sediment control is employed. This escrow will be released once final stabilization is achieved per MPCA rules. l.The 6-inch private watermain north of the building must be minimum of 10 feet from the existing 10-inch trunk sanitary sewer. m.City standard detail plate 5300 shall be used on C3. n.Indicate on plan set how filtration area is to be protected from sedimentation and compaction due to heavy equipment traffic. o.Sheet C1 shows the minimum anticipated sediment and erosion control measures. These will need to change if they prove inadequate or if site and/or climatic conditions change. This needs to be indicated on sheet C1 or otherwise communicated with the selected contractor. p.All disturbed soils must be stabilized with 14 days after cessation of grading activities. q.An operations and maintenance manual shall be completed and provided to the city for the infiltration feature. 4.General 5 Planning Commission Summary - April 19, 2011 a.One additional fire hydrant is required to be located northwest of the building between the car wash service road and the proposed building. Contact Chanhassen Fire Marshal Mark Littfin at 952-227-1151 for the exact location. b.All sidewalk connections shall comply with ADA requirements. c.The fenestration on the east elevation shall be increased to meet city code requirements. d.The canopy may contain a one-dimensional stripe only; no other signage or exterior lighting may be on the canopy. e.The lighting within the canopy shall be recessed; no external lighting on the canopy is permitted. f.All signage shall comply with City Code and requires a separate sign permit application.” All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Hokkanen noted the summary minutes of the Planning Commission work session dated April 5, 2011 as presented. CITY COUNCIL ACTION UPDATE. Kate Aanenson reminded the commission of the joint th meeting with the City Council on April 25 at 6:30 p.m. Thomas moved, Undestad seconded to adjourn. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:20 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 6